[R.O. 2009 §410.050; Ord. No. 2040 §3-1, 9-15-2003; Ord. No. 2527 §1, 2-3-2014]
The City of Higginsville is hereby divided into the following
zoning districts:
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"AG"
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Agricultural District
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"SF-1"
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Single-Family Residential District—twelve thousand five
hundred (12,500) square feet
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"SF-2"
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Single-Family Residential District—seven thousand five
hundred (7,500) square feet
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"SF-3"
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Single- and Two-Family Residential District—seven thousand
five hundred (7,500) square feet
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"MR"
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Multi-family Residential District
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"MHP"
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Manufactured Home Park Residential District
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"HS"
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Health Services District
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"GC"
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General Commercial District
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"DC"
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Downtown Commercial District
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"HC"
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Highway Commercial District
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"LI"
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Light Industrial District
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"HI"
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Heavy Industrial District
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[R.O. 2009 §410.060; Ord. No. 2040 §3-2, 9-15-2003]
A. The
requirements are divided as follows and are included in each district:
[R.O. 2009 §410.070; Ord. No. 2040 §3-3, 9-15-2003]
The boundaries of these districts are hereby established as
shown upon the map accompanying and made a part of this Chapter, which
map is designated as the "Zoning District Map". The Zoning District
Map and all the notations, references and other information shown
thereon are a part of this Chapter and shall have the same force and
effect as if such map and all the notations, references and other
information shown thereon were all fully set forth or described herein,
which Zoning District Map is properly attested and is on file with
the Office of the Zoning Administrator.
[R.O. 2009 §410.080; Ord. No. 2040 §3-4, 9-15-2003]
All land which is annexed to the City shall be classified in the "AG" Agricultural District until, within a reasonable time following annexation, the annexed land shall be appropriately classified by amending this Chapter in accordance with Article
XIV herein.
[R.O. 2009 §410.090; Ord. No. 2040 §3-5, 9-15-2003]
In the event any street, alley, railroad right-of-way or other
public way forming the boundary of a district is vacated, the new
district boundary line shall be the former centerline of said vacated
public way.
[R.O. 2009 §410.100; Ord. No. 2040 §3-6, 9-15-2003]
A. Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the Zoning District Map made a part of this Chapter, the
following rules apply:
1. The district boundaries are the centerlines of streets, alleys, waterways
and railroad rights-of-way, unless otherwise indicated; and where
the designation of a boundary line on the Zoning District Map coincides
with the location of a street, alley, waterway or railroad right-of-way,
the centerline of such street, alley, waterway or railroad right-of-way
shall be construed to be the boundary line of such district.
2. Where the district boundaries do not coincide with the location of
streets, alleys, waterways or railroad rights-of-way but do coincide
with lot lines, such lot lines shall be construed to be the boundary
of such district.
3. Where the district boundaries do not coincide with the location of
streets, alleys, waterways, railroad rights-of-way or lot lines, the
district boundaries shall be determined by the use of the scale shown
on the Zoning District Map.
[R.O. 2009 §410.110; Ord. No. 2040 §3-7, 9-15-2003]
A. The
following structures and uses shall be exempt from the provisions
of these regulations:
1. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves
or other similar equipment for the distribution to consumers of telephone
or other communications, electricity, gas or water, or the collection
of sewage or surface water operated or maintained by a public utility
but not including substations located on or above the surface of the
ground.
2. Railroad tracks, signals, bridges and similar facilities and equipment
located on a railroad right-of-way and maintenance and repair work
on such facilities and equipment.
3. Agriculture as defined by these regulations. In the event that any
structure or land ceases to be used only for agriculture, then such
structure or land shall be subject to the applicable regulations of
these regulations.
4. Retaining walls on public property.
[R.O. 2009 §410.120; Ord. No. 2040 §3-8, 9-15-2003]
A. It
is hereby declared to be the intention of the City that the several
provisions of these regulations are separable in accordance with the
following rules:
1. If any court of competent jurisdiction shall adjudge any provision
of these regulations to be invalid, such judgment shall not affect
any other provisions of these regulations.
2. If any court of competent jurisdiction shall adjudge invalid the
application of any provision of these regulations to a particular
property or structure, such judgment shall not affect the application
of said provisions to any other property or structure.
[R.O. 2009 §410.130; Ord. No. 2040 §3-9, 9-15-2003]
Upon the adoption of this Zoning Ordinance, the Higginsville
Zoning Ordinance, adopted September 8, 1993, Ordinance No. 1540, as
amended, is hereby repealed.
[R.O. 2009 §410.140; Ord. No. 2040 §3-10, 9-15-2003]
Platted prior to September 15, 2003 shall be required to meet
yard area requirements as established by the pattern of development
or record plat in the block or immediate residential environs.
[R.O. 2009 §410.150; Ord. No. 2040 §3-11, 9-15-2003]
A. Except
as hereinafter specifically provided:
1. No building shall be erected, converted, constructed, reconstructed,
moved or structurally altered, nor shall any building or land be used,
except for a purpose permitted in the district in which the building
or land is located.
2. No building shall be erected, converted, constructed, reconstructed
or structurally altered except in conformity with the height, area,
parking and loading regulations of the district in which the building
is located.
3. The minimum yards and other open spaces, including lot area required
by this Chapter for each and every building existing at the time of
the passage of this Chapter, or for any building hereafter erected,
shall not be encroached upon or considered as part of the yard or
open space required for any other building, nor shall any lot area
be reduced below the requirements of this Chapter for the district
in which such lot is located.
4. Every building hereafter erected or structurally altered shall be
located on a lot as defined in this Chapter and in no case shall there
be more than one (1) main building on one (1) lot except as specifically
provided hereinafter.
5. Every building hereafter erected, converted, constructed, reconstructed
or moved on a lot shall be connected to the City's sewer system unless
circumstances prevent such connection and a waiver of this requirement
is granted by the Board of Aldermen.
6. Cooperatives, condominiums and all other forms of property ownership
do not affect the provisions of these regulations, and all requirements
shall be observed as though the property were under single ownership.