[R.O. 2009 §410.315; Ord. No. 2040 §6, 9-15-2003]
This Article provides the general provisions to be used in administering and interpreting the intent of the zoning ordinance.
[R.O. 2009 §410.320; Ord. No. 2040 §6-1, 9-15-2003]
A.
The height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas as established in this Chapter:
1.
Church steeples;
2.
Chimneys;
3.
Flagpoles;
4.
Silos;
5.
Elevator towers;
6.
Air-conditioning units;
7.
Windmills;
8.
Utility transmission towers; and
9.
Similar structures.
No structure shall be erected to a height that would encroach into or through any established public or private airport approach plan prepared in accordance with the criteria established by the Federal Aviation Administration. |
[R.O. 2009 §410.330; Ord. No. 2040 §6-2, 9-15-2003; Ord. No. 2172 §1, 4-17-2006]
A.
Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this Chapter.
1.
Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs at least seven (7) feet above grade may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within four (4) feet of any property line.
2.
Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard.
3.
Air conditioners and similar mechanical equipment. Air conditioning equipment, sprinkler system controls and similar mechanical (including utility's pad-mounted equipment) may project into any required yard, provided that the equipment is mounted in a manner contiguous to the building.
4.
Fire escapes, outside stairways, balconies, chimneys, etc. Open or enclosed fire escapes, outside stairways, balconies and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.
5.
Swimming pools and related structures. Swimming pools may be located in a required rear yard or side yard, provided that they meet safety requirements for setbacks from protective fencing around the pool. Required fencing around swimming pools shall comply with Section 410.310, Use Standards, Subsection (A)(1)(n). Decks or patios constructed in conjunction with any swimming pool may be located within a required rear yard, provided that they are not located within an easement or closer than five (5) feet to any property line.
[Ord. No. 2565 §1, 12-15-2014]
6.
Trellises, play equipment, lights, outdoor furniture, etc. Trellises and trelliswork, wires, lights, mailboxes, ornamental entry columns and gates are allowed within required yards. Play equipment, outdoor furniture and other outdoor equipment are allowed in required rear yards.
7.
Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet.
8.
Gasoline pumps and islands. Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within a front yard, provided they are located no closer than fifteen (15) feet to any public right-of-way.
9.
Fences and walls. Fences and walls are allowed within required yards, subject to the provisions of Section 410.370.
10.
Utility buildings. Utility buildings or sheds of one hundred (100) square feet or less may be located within a required side or rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and the structure is clear of any easements.
11.
Parking areas and driveways. Off-street parking areas may encroach into the required front yard setbacks providing that the encroachment does not extend into a required landscape buffer along the street frontage. Parking areas and driveways may encroach into required side yards of multi-family residential and non-residential districts. On single-family zoned lots, driveways must be located a minimum of five (5) feet from the nearest side lot line at the point of intersection with the right-of-way.
12.
Sidewalks. Sidewalks may be located within any required yard.
[R.O. 2009 §410.340; Ord. No. 2040 §6-3, 9-15-2003]
A.
No commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products shall be permitted to be parked in a residential area except for short periods of time (less than one (1) hour). No commercial vehicles shall be parked on any residentially used lot, in the street abutting such lot or on residentially zoned land, except:
1.
Commercial vehicles not exceeding one (1) ton rated capacity used by the resident of the premises, limited to one (1) per premises. No construction or similar materials shall be stored or transported on the outside of such vehicles.
2.
Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation or other services specifically for the location where such vehicles are parked.
[R.O. 2009 §410.350; Ord. No. 2040 §6-4, 9-15-2003]
A.
No inoperative vehicle shall be parked and no motor vehicle frame, vehicle body or vehicle body part shall be stored on residentially zoned property, except when parked or stored in a completely enclosed garage or building.
[Ord. No. 2565 §1, 12-15-2014]
B.
A maximum of three (3) automobiles may be parked in an unenclosed area on a single-family zoned lot. However, one (1) additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot and this Section does not preclude the parking of automobiles by persons visiting a single-family home. No automobile may be parked or stored in any required yard area.
[R.O. 2009 §410.360; Ord. No. 2040 §6-5, 9-15-2003; Ord. No. 2395 §1, 9-7-2010; Ord. No. 2546 §1, 7-7-2014]
A.
Authorization. Accessory uses are permitted in all zoning districts as provided herein.
B.
Use Limitations.
1.
No accessory structure shall be built prior to the construction of the principal use.
2.
No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.
3.
All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.
4.
All accessory uses and structures shall comply with the maximum height regulations applicable in the zoning district in which they are located, except as provided in Section 410.320.
5.
The architectural design and material used for the construction of accessory buildings shall harmonize with the main building to which said building is accessory.
6.
Transportation storage containers are not permitted in any residential zone or lot used for residential purposes.
7.
Semitruck beds or trailers may not be used as permanent storage containers on or adjacent to any residential lot.
C.
Location.
[Ord. No. 2802, 7-15-2019]
1.
If an accessory-type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Chapter applicable to a principal building.
2.
If an accessory building is detached from the principal building, it shall be located at least five (5) feet from the principal building.
3.
No accessory structure or use shall be located in any required corner visibility triangle.
4.
No accessory structure shall be located within any platted or recorded easement or over any known utility. Accessory buildings and structures shall be included in the calculation of total building coverage.
5.
Front Setback. No accessory structure shall be located within a required front setback.
6.
Dog kennels, dog runs, or other similar enclosure for domestic animals are considered to be accessory structures and are restricted to the rear and side yards.
7.
Accessory structures located on corner lots may have a side yard setback of ten (10) feet or the width of the right-of-way from the curb, whichever is larger, provided the following conditions are met:
a.
The accessory structure sits within the parcel line boundary;
b.
The proposed accessory structure sits on the rear fifty percent (50%) portion of the parcel;
c.
The accessory structure is located at least five (5) feet from the rear property lot line;
d.
The corner street which provides access to the accessory structure, such as a garage, is not a Highway, Arterial, or Collector roadway, as specified in Section 410.440, Table 7.1.
e.
The principal structure on the lot fronts the same street as the rest of the homes on that block;
f.
The opposing lot, either sharing a common rear property line or directly across the alley, is oriented the same as other houses on that side of the street, all facing the street in the same manner.
g.
In the case where the rear property line of the lot wanting an accessory structure within the side yard setback abuts a side property line of the adjacent lot (the lots are perpendicular to each other), then the accessory structure is to be the same distance from the street as the majority of other houses on that side of the street or the established setback for that zoning district, whatever is greater.
[R.O. 2009 §410.370; Ord. No. 2040 §6-6, 9-15-2003; Ord. No. 2934, 5-2-2022]
A.
Easements And Rights-Of-Way. Fences and walls shall not be constructed on or over any dedicated public drainage, utility easement or public right-of-way.
B.
Side Yard. Fences not exceeding six (6) feet in height may be erected in the side yard of any lot, subject to the provisions of Subsection (A) above.
C.
Rear Yard. Fences not exceeding six (6) feet in height may be erected in the rear yard of any lot, subject to the provisions of Subsection (A) above.
D.
Front Yard. Fences may not be constructed in the front yard of any lot, with the exception of LI-Light Industrial or HI-Heavy Industrial Zoning Districts, and within LI or HI zones, only subject to Subsection (A) above.
E.
Prohibited Materials. No barbed wire electrical elements or other hazardous materials shall be maintained as a fence, or part of a fence or wall, in a Residential District. T-Post and/or welded wire mesh fencing is not permitted in Residential Districts to be used as yard fencing. with the exception of as a temporary garden enclosure.
[R.O. 2009 §410.380; Ord. No. 2040 §6-7, 9-15-2003]
A.
Purpose And Intent. It is the purpose and intent of this Section to permit the continuation of those lots, structures, uses, characteristics of use or combinations thereof which were lawful before the passage of this Chapter, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendments. It is the further purpose and intent of this Section to allow non-conforming lots, structures, uses and characteristics of uses and combinations thereof to continue subject to specific conditions or limitations.
B.
Continuation Of Non-Conformities. Non-conformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this Section.
C.
Expansion Or Change Of Non-Conformities.
1.
No non-conformity shall be enlarged or changed to a different non-conformity, except upon a determination by the zoning official that the change results in a lessening of the degree of non-conformity.
2.
Additions to non-conforming structures containing conforming uses shall be permitted if the additions comply with setback and other applicable site-related regulations.
3.
Additions to structures on a non-conforming lot may be permitted provided that such addition is in conformance with all applicable laws and ordinances of the City and does not create a non-conforming use or structure or increase the existing site-related non-conformity.
D.
Repair Or Alteration Of Non-Conformities. Repairs, maintenance and improvements of non-conformities may be carried out provided that such work does not increase the cubic content of the building or the floor or ground area devoted to the non-conforming use or in any way increases or creates a site-related non-conformity. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanitation of a building occupied by a non-conforming use.
E.
Reconstruction Of Non-Conformities After Catastrophe. Any non-conforming structure or use or establishment containing a site-related non-conformity which is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed seventy-five percent (75%) of the building's value as shown on the tax assessment roll by current appraisal at the time of the damage shall be deemed to be terminated. No repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous non-conformity to a conforming structure and/or use or site. In the event that damage to a non-conformity may be repaired by an investment of less than seventy-five percent (75%) of the appraised value of the non-conformity as shown on the tax assessment roll at the time of the damage, such repair shall be permitted and the non-conformity may continue.
F.
Cessation Of Non-Conformities. Any non-conforming use of land, structures or an establishment having a site-related non-conformity which ceases operations for a continuous period of twelve (12) months or more, or if a non-conforming structure is removed, all non-conformities shall be considered terminated and shall not thereafter be re-established; provided, however, that the right to the continued use of any sign not in conformity with Article XI of this Higginsville Zoning Ordinance shall be terminated if the sign is deemed abandoned. Exception: Dwelling units in existence in the "DC" District may continue as legal nonconforming structures/uses. Once the structure is demolished or removed from the lot in this district, the replacement of a dwelling of any type will require approval from the Planning and Zoning Commission and Board of Aldermen.
[Ord. No. 2565 §1, 12-15-2014]
G.
Residential Uses In Non-Residential Districts. The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in an "DC" or "GC" District may be remodeled, extended, expanded and enlarged, provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
[Ord. No. 2565 §1, 12-15-2014]
H.
Non-Conforming Lots Of Record. Any lot which was lawfully created and recorded prior to the enactment of this Chapter but does not meet the minimum size and/or dimension requirements of the zoning district in which it is located shall be considered a legal non-conforming lot of record. A legal non-conforming lot of record may be used, conveyed or sold the same as if it were a conforming lot, provided that the use of such lot meets the requirements of the zoning district in which it is located.
[Ord. No. 2565 §1, 12-15-2014]
[R.O. 2009 §410.390; Ord. No. 2040 §6-8, 9-15-2003]
On every corner lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are thirty (30) feet from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree (but not branches or foliage) or a post, column or similar structure which is no greater than one (1) foot in cross section or diameter. Lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the centerlines adjacent to the visibility triangle.
[R.O. 2009 §410.400; Ord. No. 2040 §6-9, 9-15-2003]
A.
Location. No satellite dish shall be located between any building and any front property line. All antennas shall have a setback from the rear and side lot lines equal to or greater than the height of the proposed dish antenna. Only one (1) such antenna shall exist at any one time on any residentially zoned lot.
B.
Screening. All dish antennas located within a residential district or which abut a residential district shall provide an opaque screen of fences, berms, planted material or some combination thereof to a height of six (6) feet in order to shield the antenna from the ground level view of surrounding properties.
[R.O. 2009 §410.410; Ord. No. 2040 §6-10, 9-15-2003]
Trailers, which are used temporarily in connection with construction activities and are used as either an office or watchman's residence or storage area, may be permitted if approved by the zoning official. On any single-family lot, such trailers shall not exceed one hundred (100) square feet and shall not be used for living purposes.