[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:
8. Utility transmission towers; and
9. Similar structures.
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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.
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[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.
13. Satellite dish antennas. Satellite dish antennas may encroach into the required rear or side yard based on the provisions of Section
410.400.
[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.