City of Harrisonville, MO General Provisions

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ARTICLE I General Provisions

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Section 405.010 Title and Authority.

Section 405.020 Purpose and Intent.

Section 405.030 Definitions and Rules of Construction.

Section 405.040 General Provisions.

Section 405.010 Title and Authority.

[Ord. No. 1825, 5-13-1991]

This Zoning Ordinance shall be known, cited and referred to as: "The Harrisonville Zoning Ordinance".

This Zoning Ordinance is adopted by the Board of Aldermen of the City of Harrisonville under the powers conferred by Section 89.010 through Section 89.140, RSMo.

Section 405.020 Purpose and Intent.

[Ord. No. 1825, 5-13-1991]

Purpose. This Chapter is adopted for the following purposes:

Promoting the public health, safety, comfort, morals, convenience and general welfare by providing efficiency and economy in the process of development.

Securing adequate light, pure air and safety from fire and other dangers.

Conserving the taxable value of land and buildings throughout the City of Harrisonville.

Implementing the adopted General Development Plan of the City of Harrisonville.

Providing for the distribution of compatible land uses throughout the City.

To these ends the Chapter is designed to establish certain standards and objectives by:

Dividing the entire City of Harrisonville into districts and restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land, whether for residence, business, manufacturing or other specified uses.

Avoiding or lessening congestion in the public streets.

Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area.

Establishing, regulating and limiting the building or setback lines on or along streets, alleys or property lines.

Regulating and limiting the intensity of the use of lot area and regulating and determining the area of open spaces within and surrounding such buildings.

Establishing standards to which buildings or structures therein shall conform.

Prohibiting uses, buildings or structures incompatible with the character of the residence, business or manufacturing districts.

Preventing additions to, and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

Providing for the gradual elimination of those uses, buildings and structures which are incompatible with the character of the districts in which they are made or located including, without being limited thereto:

Elimination of such uses of unimproved lands or lot areas when existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued;

Elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and

Elimination of such buildings and structures when they are destroyed or damaged in major part.

10.

Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter.

11.

Prescribing penalties for the violation of the provisions of this Chapter or of any amendment thereto.

Section 405.030 Definitions and Rules of Construction.

[Ord. No. 1825, 5-13-1991; Ord. No. 2504 §1, 6-8-1998; Ord. No. 3107 §§1 — 2, 10-19-2009]

Rules Of Construction. The language set forth in the text of this Chapter will be interpreted in accordance with the following rules of construction:

The singular number includes the plural and the plural the singular.

The present tense includes the past and the future tenses and the future the present.

The word "shall" is mandatory while the word "may" is permissive.

The masculine gender includes the feminine and neuter.

Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis between a word and its definition herein shall be construed in the same sense as that word.

All measured distances shall be to the nearest integral foot; if a fraction is one-half (½) foot or more, the integral foot next above shall be taken.

The following words and terms, wherever they occur in this Chapter, shall be construed as herein defined.

ABATTOIR

A place where livestock are killed and prepared for distribution to butcher shops and food markets.

[Ord. No. 3616, 11-21-2022]

ABUTTING

Adjoining or bordering.

ACCESS

The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

ACCESSORY DWELLING UNIT (ADU)

A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes (i.e., attached ADUs), or new stand-alone accessory structures (i.e., detached ADUs). The unit shall contain a separate entrance, kitchen, sleeping area, and a full bathroom.

[Ord. No. 3602, 9-19-2022]

ACCESSORY STRUCTURE

A structure detached from the principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

[Ord. No. 3616, 11-21-2022]

AGRICULTURE

The planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Cass County. The raising and feeding of livestock and poultry shall be considered agriculture if the area in which the livestock or poultry is kept is a part of an ownership of not less than ten (10) acres, the primary use of which is row crops and grazing. Agriculture uses shall not include the following:

Stockyards, sale of machinery, feed lots, grain elevators and similar commercial operations.

The operation or maintenance of greenhouses, nurseries or hydroponic farms operated as retail.

Wholesale or retail sales as an accessory use unless the same are permitted by these regulations.

The operation or maintenance of a commercial feed lot.

Dwellings, garages and other similar accessory buildings.

AIRCRAFT

Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air.

AIRPORT

Any premises which are used or intended for use for the landing and takeoff of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport structures or right-of-way, together with all airport taxiways, tie down areas, buildings and structures located thereon, including all customarily accessory buildings and open spaces.

ALLEY

A dedicated public right-of-way with a width not exceeding twenty-four (24) feet which provides a secondary means of access to and from streets and lots which is not intended for general traffic circulation.

ALTERATION

Any addition, removal, extension or change or rearrangement in the location of any exterior wall of an existing building or structure. Enlargement, whether by extending a side, increasing in height or the moving from one location or position to another shall be considered as an alteration.

AMENDMENT

A change or alteration to this Zoning Ordinance in one (1) of the following forms:

A comprehensive revision or modification of the zoning text and/or map;

A text change in the zone requirements; or

A change in the zoning map, e.g., the zoning designation of a particular parcel or parcels.

ANIMAL HOSPITAL OR CLINIC

Any building or portion thereof designed or used for the care, observation or treatment of domestic animals by a doctor of veterinary medicine. This use does not include dog kennels.

APARTMENT

A room or suite of rooms within an apartment house arranged, intended or designed as a place of residence for a family.

APARTMENT COMPLEX

A building or buildings containing apartments used as a place of residence for three (3) or more families.

APIARY

A place where bees are kept; a collection of hives or colonies of bees kept for their honey. An apiary usually consists of many separate beehives.

[Ord. No. 3616, 11-21-2022]

APPLICANT

The owner or duly designated representative concerning land for which an amendment or other zoning action has been requested. Consent shall be required from the legal owner of the premises, if applicant is other than the owner.

APPURTENANCE

A subordinate or accessory building or structure or portion of main building, the use of which is incidental and customary to that of the main building.

ASSISTED-LIVING FACILITY

Any premises, other than a residential care facility, intermediate care facility, or skilled nursing facility, that is utilized by its owner, operator, or manager to provide twenty-four (24) hour care and services and protective oversight to three (3) or more residents who are provided with shelter, board, and who may need and are provided with the following: (a) assistance with any activities of daily living and any instrumental activities of daily living; (b) storage, distribution, or administration of medications; and (c) supervision of health care under the direction of a licensed physician, provided that such services are consistent with a social model of care. Such term shall not include a facility where all of the residents are related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility.

[Ord. No. 3616, 11-21-2022]

AUTOMATIC CAR WASH

Any building or portion thereof where automobiles are washed using a conveyor, blower, steam-cleaning equipment or other mechanical device of production-line nature.

AUTOMOBILE SALVAGE OR WRECKING YARD OR TOW LOT

Any area of land where three (3) or more motor vehicles not in running condition or the parts thereof are stored in the open and are not being restored to operation or any land, building or structure used for the stripping, wrecking or storing of such automobiles or parts thereof and which may include sale of parts of vehicles.

AUTOMOBILE SERVICE STATION

Any building or portion thereof or premises used for dispensing or offering for sale at retail any automotive fuels or oils, having pumps and storage tanks thereon; or where battery, tire and other similar services are rendered, but only if rendered wholly within lot lines. When dispensing, sale or offering for sale is incidental to the conduct of a repair garage, the premises are classified as a repair garage. Automobile service stations do not include open sales lots as defined herein.

AVIARY

A place for the keeping of birds for the purpose of racing, exhibiting, or selling.

[Ord. No. 3616, 11-21-2022]

BASEMENT

A portion of a building located partly underground, but having less than half its clear floor-to-ceiling heights below the average grade of the adjoining ground.

BED AND BREAKFAST

An owner-occupied detached house, in which the owner resides and provides lodging and breakfast to registered transient guests for compensation.

[Ord. No. 3677, 12-4-2023]

BLOCK

A tract of land bounded by streets or by a combination of one (1) or more streets and public parks, cemeteries, railroad rights-of-way or shore lines of waterways or corporate boundary lines.

BOARD OF ADJUSTMENT

The Harrisonville, Missouri Board of Zoning Adjustment.

BODY SHOP

A business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting.

[Ord. No. 3616, 11-21-2022]

BUILDING

Anything constructed for shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.

BUILDING, ACCESSORY

A subordinate building, the use of which is incidental to that of the principal building and customary in connection with that use.

BUILDING, COMPLETELY ENCLOSED

A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors or by party walls.

BUILDING COVERAGE

The amount of land covered or permitted to be covered by buildings or structures. Building coverage is generally measured as a ratio or a percent of a lot. Porches and decks shall be considered as part of a building or structure.

Exception: Swimming pools shall be computed as one-half (½) their area toward the maximum building coverage.

BUILDING, DETACHED

A principal building surrounded by open space on the same lot.

BUILDING HEIGHT

The vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height.

BUILDING, PRINCIPAL

A non-accessory building in which is conducted the principal use of the lot on which it is located.

BUILDING, RESIDENTIAL

A building arranged, designed, used or intended to be used for a residential occupancy by one (1) or more families.

BUILDING SETBACK LINE

A line within a lot or other parcel of land indicating the limit beyond which a building or structure may not be erected.

BUILDING, TEMPORARY

Any building not designed to be permanently located, placed or affixed in the place where it is.

BUSINESS

An occupation, employment or enterprise which occupies time, attention, labor and materials or wherein merchandise is existed or sold or where services are offered.

CAMPGROUND

An area of land, including supporting sanitary and other facilities, for the overnight or temporary parking of recreational vehicles and other modes of camping while traveling by auto.

CELLAR

The portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

CHURCH(ES)/PLACES OF WORSHIP

A building(s) primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples.

[Ord. No. 3469, 6-17-2019]

CLUB OR LODGE, PRIVATE

An association of persons who are bona fide members, paying dues and being generally restricted to members and their guests.

CLUSTER HOUSING

The site planning technique of grouping dwelling units around courts, parking areas, common open spaces and private drives as opposed to fronting all on a public street.

COMMODITY

An article of trade or commerce, especially a product as distinguished from a service.

[Ord. No. 3616, 11-21-2022]

COMPREHENSIVE FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 3625, 2-6-2023]

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 3625, 2-6-2023]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in Section 2, Article XIV, of the Missouri State Constitution to a qualifying patient or primary caregiver, as those terms are defined in Section 1, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of said Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in said Article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 3625, 2-6-2023]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

[Ord. No. 3625, 2-6-2023]

COMPREHENSIVE PLAN

The duly adopted General Development Plan for Harrisonville, Missouri, including subsequent amendments.

CONDOMINIUM

A building containing two (2) or more dwelling units which are designed and intended to be separately owned in fee under the Condominium Statutes of the State of Missouri.

CORRECTIONAL FACILITY

Any jail, prison, detention center, or place where people are kept when they are waiting to be tried, have been arrested, and/or are being detained or punished for a crime.

[Ord. No. 3577, 2-22-2022]

COTTAGE HOUSING

A group of small (1- to 1.5-story), detached structures arranged around a shared court visible from the street. The shared court is an important community-enhancing element, and unit entrances should be from the shared court. Multiple cottage houses may be located on a single lot.

[Ord. No. 3677, 12-4-2023]

COURT

An open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

CURB LEVEL

The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure measured at the centerline of such front.

DAYCARE

A child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.

[Ord. No. 3469, 6-17-2019]

DAYCARE CENTER

A building wherein more than eleven (11) children, and not being of the same family, are kept during portions of the day when the children's parents are employed or otherwise occupied elsewhere.

DAYCARE HOME

A family home occupied by the daycare provider in which family-like care is given to children, not related to the daycare provider, for any part of the twenty-four (24) hour day.

DECIBEL

A unit of measurement of the intensity (loudness) of sound. As used in this Chapter, decibel levels shall be measured on the "A Scale" and referred to as "dB(A)".

DENSITY

The average number of dwelling units per unit of land, expressed in terms of "per acre".

DEVELOPER

The owner or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of rezoning or seeking a conditional use on land.

DRIVE

A right-of-way which affords a means of vehicular access to or through an area and which is owned and maintained by the owner of the property it serves.

DRIVE-IN ESTABLISHMENTS

Any restaurant, financial institution or product vending enterprise where the patron does not enter and remain within the building during the transaction of his/her business. Food vending establishments where the food is not normally consumed within a building or where facilities are provided for eating outside a building shall be deemed a drive-in for purposes of this Chapter.

DOG KENNEL

Any premises where three (3) or more dogs are owned, boarded, bred and/or offered for sale.

DUMP

A lot or land or part thereof used primarily for the disposal, abandonment, dumping, burial, burning or storage of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING

A building or portion thereof intended for occupancy for residential purposes but not including hotels, motels, rooming houses, nursing homes, tourist homes or trailers.

DWELLING UNIT

One (1) or more rooms constituting all or part of a dwelling and which are arranged, designed, used or intended for use exclusively as a single housekeeping unit for one (1) family and which include cooking, living, sanitation and sleeping facilities.

DWELLING, LOFT

A dwelling located above the first floor of a non-residential use such as a store, restaurant, or office.

[Ord. No. 3677, 12-4-2023]

DWELLING, MULTIPLE-FAMILY

A dwelling or portion thereof containing three (3) or more dwelling units.

DWELLING, PATIO HOME

A dwelling on a separate lot with open space setbacks on three sides.

[Ord. No. 3677, 12-4-2023]

DWELLING, SINGLE-FAMILY

A dwelling containing one (1) dwelling unit.

DWELLING, TOWN HOME

A townhouse is an attached house building containing three (3) or more dwelling units, divided by a vertical plane.

[Ord. No. 3677, 12-4-2023]

DWELLING, TWO-FAMILY (DUPLEX)

A dwelling containing two (2) dwelling units.

DWELLING, ZERO LOT LINE

A building located on a lot in such a manner that one (1) or more of the dwelling's sides rests on a lot line.

[Ord. No. 3677, 12-4-2023]

EASEMENT

An interest in land that is held by the public, a corporation or persons other than the owner that entitles the holder to a specific limited use or right. Ownership of said strip of land shall remain with the property owner.

ELEEMOSYNARY/PHILANTHROPIC INSTITUTION

A private, non-profit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member or such organization or individual, and which either: (a) provides volunteer aid to the sick and wounded of armies in time of war and national relief in case of great national calamities, or (b) provides all or any of the following: religious, social, physical, recreational and benevolent services.

[Ord. No. 3616, 11-21-2022]

EVENT VENUE

A facility that is used primarily for the purpose of leasing or renting for private functions on a temporary basis, such as meetings, banquets, weddings, anniversaries and similar celebrations.

[Ord. No. 3677, 12-4-2023]

EXCEPTION

An exception from the zoning regulations granted by the Board of Zoning Adjustment, but only in those instances where the Board is specifically authorized to grant such exceptions and only under the terms of such regulations.

FACTORY-BUILT DWELLING

A factory-built structure designed for long-term residential use. For the purposes of these regulations, factory-built dwellings consist of three (3) types: modular homes, mobile homes and manufactured homes.

FAMILY

One (1) or more persons each related to the other by blood, marriage or legal adoption or group of not more than four (4) persons not so related and maintaining a common household and using one (1) set of kitchen facilities in a dwelling unit. A family may include not more than two (2) roomers, boarders or permanent guests not a part of a common households, whether or not gratuitous.

FENCE, SOLID

A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties, streets, alleys or public ways, materials stored and operations conducted behind it.

FINANCIAL INSTITUTION

Establishments such as banks, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, insurance agents, and related uses.

[Ord. No. 3616, 11-21-2022]

FLOODPLAIN

Land which is subject to inundation of water as a result of what is commonly known as the 100-year flood or land that has at least a one percent (1%) chance of flooding in any given year. Floodplain boundaries in the are shown on the Federal Insurance Administration's "Flood Hazard Boundary Maps" for Harrisonville, Missouri.

FLOOR AREA

The sum of the gross horizontal areas of the several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouse; attic space having headroom of seven (7) feet ten (10) inches or more; interior balconies and mezzanines; enclosed porches; and floor devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in floor area.

FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING REQUIREMENTS

The total floor area of the building, expressed in square feet, measured from the exterior surface of outside walls and including mezzanines, upper floors, whether finished or not, from which is subtracted the floor area of washrooms, elevator shafts, stairways, mechanical rooms and any permanent shopping center malls.

FLOOR-AREA RATIO

The numerical value obtained through dividing the floor area of a building or buildings by the area of the lot on which such building or buildings are located.

FOUNDATION, PERMANENT

A foundation built in accordance with plans prepared by a registered engineer providing for vertical loads, uplift and lateral forces in compliance with the City of Harrisonville Building Code. The foundation must either be a slab or contain a solid perimeter wall in all installations in which the finished floor is more than six (6) inches above finished grade at any point. The phrase "without a permanent foundation", when used in this Zoning Ordinance, indicates that the support system for the manufactured home, modular home or mobile home is constructed with the intent that the manufactured home, modular home or mobile home placed thereon may be moved from time to time at the convenience of the owner.

FREIGHT TERMINAL

A building or premises where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

[Ord. No. 3616, 11-21-2022]

FRONT

The part or side of any building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for the building or structure.

FRONTAGE

That part of a lot or tract of land which borders along any given access to a public street or public right-of-way. Such public street or right-of-way shall not include any alley or access to the rear of such lot or tract.

FRONTAGE ROAD

A public or private roadway, generally paralleling and contiguous to a street or highway, which provides access to abutting properties and which is designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of access at generally uniform spaced intervals.

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

[Ord. No. 3616, 11-21-2022]

GARAGE, PRIVATE

An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing the private passenger vehicles of the persons, family or families using the premises.

GARAGE, STORAGE

A building or premise used for housing of motor vehicles pursuant to previous arrangements and for duration greater than three (3) days.

GARDEN APARTMENTS

An apartment building located on a lot, either singly or together with other similar apartment buildings, generally having a low density of population and having substantial landscaped open space adjacent to the dwelling units.

GENERAL DEVELOPMENT PLAN

A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

[Ord. No. 3638, 3-20-2023]

GREENHOUSE

A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation or fragile or out-of-season plants for subsequent sale or for personal enjoyment.

[Ord. No. 3616, 11-21-2022]

GROUND-FLOOR AREA

The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open terraces or open porches, garages or carports.

GROUP HOME FOR ADULTS

A residential facility of five (5) or more persons, eighteen (18) years of age or older, who have been institutionalized for various reasons and released or who have had physical or social disabilities which make operation in society difficult and require the protection of a group setting to facilitate the transition to becoming a functional member of society.

GROUP HOME FOR MINORS

A residential facility for five (5) or more persons under eighteen (18) years of age who, for various reasons, cannot reside in their natural home and where twenty-four (24) hour adult care, supervision and consultation shall exist.

GUEST, PERMANENT

A person who occupies or has the right to occupy a residence or dwelling accommodation for a period of thirty (30) days or more.

HEIGHT OF STRUCTURE OTHER THAN A BUILDING

The vertical distance from the average ground level at the base of the structure to the highest part thereof.

HOME COMPOSTING

A controlled, aerobic (oxygen-required) process that converts organic materials (such as food scraps and yard wastes - Leaves and grass clippings) into a nutrient-rich soil amendment or mulch through natural decomposition. Home composting typically takes the form of a small compost bin or vermicomposting (worm composting) within a bin designed for such.

[Ord. No. 3677, 12-4-2023]

HOME OCCUPATION

Any gainful occupation or profession conducted in a dwelling by a member of the immediate family residing on the premises.

HOTEL

A building containing lodging rooms, a common entrance and lobby, halls and stairways and lodging rooms that do not have doorway openings directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent, with or without meals, to transient guests a continuous period of less than thirty (30) days.

HOTEL, APARTMENT

A hotel, except more than fifty percent (50%) of the lodging rooms are available for permanent guests.

INSTITUTIONAL USE

A non-profit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or -operated building, structure, or land use for public purpose.

[Ord. No. 3616, 11-21-2022]

INTERMEDIATE CARE FACILITY

Any premises, other than a residential care facility, assisted-living facility, or skilled nursing facility, that is utilized by its owner, operator, or manager to provide twenty-four (24) hour accommodation, board, personal care, and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three (3) or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.

[Ord. No. 3616, 11-21-2022]

INTERMODAL CONTAINER

A large, standardized shipping container designed and built for intermodal freight transport. Such containers are designed for different modes of transport from ship to rail and to truck without unloading and reloading their cargo. Intermodal containers are primarily used to store and transport materials and products efficiently and securely in the global containerized intermodal freight transportation system.

[Ord. No. 3627, 2-21-2023]

JUNK YARD

An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings, nor does it include an establishment engaged only in the processing of scrap metal to be sold for the manufacture of steel.

LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

LANDSCAPING

The bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

LODGING ROOM

A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room shall be counted as one (1) lodging room.

LOT

A parcel of land occupied by, or intended for occupancy by, one (1) principal building, unified groups of buildings or principal use and having access to a public street. A lot may be one (1) or more platted lots or tract of tracts as conveyed or parts thereof.

LOT AREA

The area of a horizontal plane boarded by the vertical planes through front, side and rear lot lines.

LOT, CORNER

A lot situated at the intersection of two (2) streets.

LOT DEPTH

The average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

LOT LINE

The boundary lines of any lot.

LOT LINE, FRONT

That boundary line between a lot and the street on which it fronts.

LOT LINE, REAR

That boundary of a lot which is opposite and most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than ten (10) feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any boundary of a lot which is not a front or rear lot line.

LOT OF RECORD

A lot which is a part of a subdivision plat which has been recorded in the office of the Cass County Recorder of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the Cass County Recorder of Deeds.

LOT, REVERSED CORNER

A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first (1st) lot to its rear.

LOT, THROUGH

An interior lot having frontage on two (2) streets.

LOT WIDTH

The horizontal distance between side lot lines, measured at the front building line.

LOTS HELD IN SEPARATE OWNERSHIP

All platted lots in a subdivision which are still owned by the original developer or his/her successor shall be considered as lots held in separate ownership.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The manufactured home includes the plumbing, heating, air-conditioning and electrical systems. The manufactured home is constructed in conformance with the Federal Manufactured Housing Construction and Safety Standards, as evidenced by an affixed certification label. For the purposes of these regulations, a mobile home is not a manufactured home.

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park.

MANUFACTURED HOME PARK

Any plot of ground upon which two (2) or more mobile homes and/or manufactured homes and/or modular homes, occupied as a dwelling and residence, are located, regardless of whether or not a charge is made for such accommodation. A manufactured home park has a system of utilities including water supply, sanitary sewers, power and telephone.

MANUFACTURED HOME, PERMANENT

A manufactured home placed upon a permanent foundation.

MANUFACTURED HOME SPACE

A plot of ground within a manufactured home park designed for the accommodation of one (1) mobile home or one (1) manufactured home or modular home.

MANUFACTURED HOME, TEMPORARY

A manufactured home not placed upon a permanent foundation.

MARIJUANA FACILITY

A medical marijuana facility or a comprehensive facility as that term is defined by Section 2, Article XIV, of the Missouri State Constitution.

[Ord. No. 3625, 2-6-2023]

MARIJUANA MICROBUSINESS FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services as a microbusiness dispensary facility or microbusiness wholesale facility.

[Ord. No. 3625, 2-6-2023]

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.

[Ord. No. 3625, 2-6-2023]

MARIJUANA-INFUSED PRODUCTS

Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another licensed dispensary facility, a licensed testing facility, a medical marijuana cultivation facility, or a licensed manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

[Ord. No. 3469, 6-17-2019]

MEDICAL MARIJUANA USE

A "medical marijuana cultivation facility," a "medical marijuana dispensary facility," a "medical marijuana-infused products manufacturing facility," and a "marijuana testing facility" as defined in Section 405.030.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

MICROBUSINESS DISPENSARY FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site and off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a consumer, qualifying patient, as that term is used in Section 1 of Article XIV of the Missouri State Constitution, or primary caregiver, as defined in said Section 1 of Article XIV of the Missouri State Constitution, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of said Article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 3625, 2-6-2023]

MICROBUSINESS WHOLESALE FACILITY

A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.

[Ord. No. 3625, 2-6-2023]

MINI-WAREHOUSE FACILITY

A structure or group of structures containing separate storage areas of varying sizes leased or rented on an individual basis for small article storage.

[Ord. No. 3530, 2-1-2021]

MOBILE HOME

A structure, transportable in one (1) or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities and includes the plumbing, heating and air-conditioning and electrical systems contained therein. The definition "mobile home" does not include any structure which is subject to the Federal Manufactured Housing Construction and Standards.

MOBILE HOME, PERMANENT

A mobile home placed on a permanent foundation.

MOBILE HOME, TEMPORARY

A mobile home not placed on a permanent foundation.

MODULAR HOME

A home constructed by joining together two (2) or more factory-built three-dimensional sections called modules. The modules are accepted by the U.S. Department of Housing and Urban Development and issued a Structural Engineering Bulletin which indicates it complies with the major national building codes. The modules are shipped to the construction site by trailer where they are lowered by crane or by other means onto a prepared foundation and then mated, which involves joining electrical, heating and plumbing systems connecting the utilities and matching up the trim work where the sections abut.

MORTUARY

A place for the storage of human bodies prior to their burial or cremation.

[Ord. No. 3616, 11-21-2022]

MOTEL OR MOTOR HOTEL

A building containing lodging rooms having adjoining individual bathrooms and used primarily by transient guests traveling by automobile.

MOTOR FREIGHT TERMINAL

A building or premises in which freight is received or dispatched by motor vehicle.

MOTOR VEHICLE

Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys or other public ways.

MUSHROOM BARNS AND CAVES

Barns or caves utilized for the purpose of farming, or growing, mushrooms.

[Ord. No. 3677, 12-4-2023]

NAMEPLATE

A sign indicating the name and address of a building or the name of an occupant thereof and/or the practice of a permitted occupation therein.

NATURAL OR ARTIFICIAL BARRIER

Any river, pond, canal, railroad, levee, embankment, fence or hedge.

NON-CONFORMING LOT

An unimproved lot which does not comply with the lot size requirements for any permitted use in the zoning district in which it is located.

NON-CONFORMING USE

Any land occupied by a use at the time of the effective date of this Zoning Ordinance which does not conform with the provisions of the same.

NOXIOUS MATTER

Material which is capable of causing injury or physical discomfort to living organisms by chemical reaction or is capable of causing detrimental effects upon the health or the psychological, social or economic well-being of human beings.

NURSERY

Land or structures used to raise flowers, shrubs, trees and other plant material for retail or wholesale sale.

[Ord. No. 3616, 11-21-2022]

NURSERY, RETAIL

The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.

[Ord. No. 3616, 11-21-2022]

NURSERY, WHOLESALE

The growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries.

[Ord. No. 3616, 11-21-2022]

NURSING HOME

A residential establishment for the care of persons requiring a moderate level of health care.

OFFICE

The use of any building or premises primarily for conducting the affairs of a business, profession, service, industry, or government, and generally furnished with desks, tables, files, and communication equipment.

[Ord. No. 3616, 11-21-2022]

OFFICE, GENERAL BUSINESS

An office used primarily for the administrative or legal affairs of a company.

[Ord. No. 3616, 11-21-2022]

OFFICE, MEDICAL/DENTAL

An office occupied and maintained for the provision of services by a physician, surgeon, dentist, or optometrist. A medical office shall not include medical marijuana facilities.

[Ord. No. 3616, 11-21-2022]

ON-SITE TEMPORARY STORAGE UNIT

A smaller scale, standardized shipping container designed and built for transport. On-site temporary storage units are used for storage of personal belongings and transportation from one site to another.

[Ord. No. 3627, 2-21-2023]

OPEN SALES LOTS

Any land used or occupied for the purposes of displaying, buying or selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats and monuments or for the storing of same prior to sale.

OFFICE, PROFESSIONAL

An office occupied by a member of a recognized profession and maintained for the provision of professional services, such as, but not limited to, a lawyer, architect, City planner, landscape architect, interior designer, accountant, financial planner, auditor, bookkeeper, real estate, brokerage for securities or commodities, secretarial services, or engineer.

[Ord. No. 3616, 11-21-2022]

OUTDOOR STORAGE

The keeping in an unroofed, open area of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

[Ord. No. 3616, 11-21-2022]

OVERLAY ZONING DISTRICT

A zoning district that is described in the Zoning Ordinance text, mapped and imposed in addition to those in the underlying zoning district. Developments within the overlay zoning district must conform to the requirements of both zoning districts.

OWNERS

Those persons, firms, trusts, partnerships, associations or corporations whose names appear as "owners" of record in the office of the Cass County Recorder of Deeds.

PARKING SPACE

Any area for the purpose of storing one (1) parked motor vehicle.

PARTICULAR MATTER

Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure.

PARTY WALL

A wall which is common to but divides contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.

PERFORMANCE STANDARD

A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare, heat or other effects generated by or inherent in uses of land or buildings.

PERMITTED USE

A use by right which is specifically authorized in a particular zoning district.

PICNIC GROVE

A group of picnic tables located within a grove of trees.

[Ord. No. 3616, 11-21-2022]

PLAN, CONCEPTUAL

A plan that sets forth the basic concepts for development of a tract of land. This plan can be of a general or outline nature and need not propose precise locations of buildings and facilities.

PLAN, FINAL

A plan showing the definite proposed location of buildings, facilities, landscaping and uses upon a tract of land. This plan may or may not be required by the Planning and Zoning Commission, at its discretion.

PLANNED ZONING DISTRICT

The zoning designation of a lot or tract to permit that development as is specifically depicted on plans approved in the process of zoning that lot or tract.

PLANNING AND ZONING COMMISSION

The duly appointed advisory board having duties and jurisdiction in the City of Harrisonville as set out in Missouri Statutes and local ordinances and which board may be referred to herein as "Planning Commission" or "Commission".

PRELIMINARY APPROVAL

The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the City and the applicant.

[Ord. No. 3638, 3-20-2023]

PRELIMINARY DEVELOPMENT PLAN

An accurately scaled development site plan that illustrates the existing conditions on a parcel of land as well as depicting details of a proposed development, including topographic characteristics; the location and dimensions of buildings, yards, courts, landscaping, pedestrian and vehicular circulation and parking, fences and screening.

[Ord. No. 3638, 3-20-2023]

PREROLL

A consumable or smokable marijuana product, generally consisting of: 1) a wrap or paper, and 2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

[Ord. No. 3625, 2-6-2023]

PUBLIC UTILITY

A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.

[Ord. No. 3616, 11-21-2022]

PUBLIC UTILITY FACILITIES

Buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.

[Ord. No. 3616, 11-21-2022]

QUALIFYING PATIENT

A Missouri resident diagnosed with at least one (1) qualifying medical condition.

[Ord. No. 3469, 6-17-2019]

REFUSE

All waste products resulting from human habitation or the conduct of business or industry, except sewage.

RESIDENTIAL CARE FACILITY

Any premises, other than a residential care facility, intermediate care facility or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four (24) hour care to three (3) or more residents, who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility and need or are provided with shelter, board and with protective oversight, which may include storage and distribution of administration of medications and care during short-term illness or recuperation.

RETAIL SALES, OUTDOOR

The display and sale of products and services, primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires, and motor oil; food and beverages; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumberyards.

[Ord. No. 3616, 11-21-2022]

RETAIL SERVICES

Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places; hotels and motels; finance, real estate, and insurance offices; personal services; theatres; amusement and recreation services; health, educational, and social services; museums; and galleries.

[Ord. No. 3616, 11-21-2022]

RIDING ACADEMY

An establishment where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered and where horses may be hired for riding.

[Ord. No. 3616, 11-21-2022]

ROOMING HOUSE

A building or portion thereof containing lodging rooms which accommodate persons who are not members of the keeper's family and where lodging rooms or meals, or both, are provided for compensation.

SALVAGE YARD

An area of land, with or without building, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as waste paper, rags or scrap material; or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

SCHOOL

Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

[Ord. No. 3469, 6-17-2019]

SCREENING

A structure erected or vegetation planted as a screen designed to conceal materials and operations conducted behind it.

SHORT-TERM RENTAL

The rental of either a room within a dwelling unit or the entire dwelling unit for a period of less than one (1) month.

[Ord. No. 3677, 12-4-2023]

SIGN

Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used or which is in the nature of an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but shall not include any display of governmental notice or governmental, religious or fraternal flag.

SIGNIFICANT TREE

A tree in fair or better condition that has been determined to be of a high value by a knowledgeable person because of its species, size, age or other professional criteria.

[Ord. No. 3669, 10-16-2023]

A tree is considered in fair or better condition if:

It's life expectancy is greater than fifteen (15) years;

It has a relatively sound and solid trunk with no extensive decay or insect infestation.

Hardwood trees such as oaks and hickories that are of a 12-inch caliper or more and soft-wood trees such as pines and cedars, which are sixteen (16) feet in height or more, and small hardwoods such as dogwoods, redbuds or sourwoods with calipers of six (6) inches or more shall be considered significant trees due to size.

SKILLED NURSING FACILITY

Any premises, other than a residential care facility, assisted-living facility, or intermediate care facility, which is utilized by its owner, operator, or manager to provide twenty-four (24) hour accommodation, board and skilled nursing care and treatment services to at least three (3) residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility. Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four (24) hour care by a licensed nursing personnel, including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill.

[Ord. No. 3616, 11-21-2022]

STORAGE

The word storage, stored or store, when used in this Chapter, shall mean the keeping of materials, equipment or products of the following nature:

In residential districts the keeping of building materials, industrial equipment, semi-trailer trucks, recreational vehicles and equipment and similar items for a period of time longer than would normally be involved in the day to day use of consumption of the same. The keeping of motor passenger cars, pickup trucks and similar vehicles used for daily transportation by occupants of the premises; recreational equipment and vehicles which are used one (1) or more times per month for recreation purposes during the period of keeping on the premises; and construction materials and equipment which are being used on construction on the premises shall not be considered storage.

In commercial and industrial district the keeping of merchandise, raw materials, products or equipment which are a necessary part of the sales, manufacturing or other activity on the premises.

STORY

That portion of a building included between the surface of any floor and the floor or the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and will not be more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory use.

STREET

A right-of-way dedicated to public use, which affords a primary means of vehicular and pedestrian access to abutting property.

STREET LINE

The dividing line between the street right-of-way and the abutting property.

STRUCTURAL ALTERATION

Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders.

STRUCTURE

Anything erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground.

THEN-EXISTING

Any school, child daycare center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana dispensary first applies for either zoning or a building permit, whichever comes first.

[Ord. No. 3469, 6-17-2019; Ord. No. 3625, 2-6-2023]

TRAILER

A vehicle, other than a mobile home, equipped with wheels and normally towed over the road behind a motor vehicle.

TRAVEL TRAILER OR RECREATION VEHICLE

A portable structure mounted on wheels or on a motorized chassis, including converted buses, and which is normally used as sleeping quarters and shelter while traveling but not as a dwelling.

TRAILER

Includes a separate vehicle not driven or propelled by its own power, drawn by some independent power. For purposes of these regulations, the term "trailer" shall not include mobile, manufactured or modular homes.

TRAILER CAMP

Any piece, parcel, tract or plot of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers. The term "trailer camp" does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purposes of storage, inspection or sale.

TRUCK GARDEN

A small farm, grown from the back of a truck, where vegetables are raised for market.

[Ord. No. 3616, 11-21-2022]

USE

The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.

USE, ACCESSORY

A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use.

USE, NON-CONFORMING

Any use of a building or premises which on the effective date of this Chapter does not, even though lawfully established, comply with all of the applicable use regulations as set forth herein for the zoning district in which such building or premise is located.

USE, PERMITTED

Any building, structure or use which, on the effective date of this Chapter, complies with the applicable regulations governing permitted uses of the zoning district in which such building, structure or use is located.

USE, PRINCIPAL

The main use of land or building as distinguished from a subordinate or accessory use.

USE, SPECIAL

A use of any building, structure or parcel of land by the Board of Aldermen that, by its nature, is perceived to require special care and attention in siting so as to assure compatibility with surrounding properties and uses. Special uses may have special conditions and safeguards attached to assure that the public interest is served.

VARIANCE

A variation or relief from a specific requirement in this Chapter as applied to a specific property and as approved by the Board of Zoning Adjustment.

YARD

An open space on a lot which is generally unoccupied and unobstructed from ground level to the sky, except as otherwise permitted in this Chapter. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the district in which such lot is located.

YARD, FRONT

A yard across the full width of the lot and extending back from the front lot line to the front line of the main building.

YARD, REAR

The portion of the yard on the same lot with the principal building and located between the rear line of the building and the rear lot line and extending for the full width of the lot, provided that in those locations where an alley or a railroad lead track right-of-way is platted in the rear of the lots, one-half (½) of the width of the platted alley or such right-of-way may be included in the rear yard requirements.

YARD, SIDE

A yard extending along a side lot line between the front and rear yards.

Section 405.040 General Provisions.

[Ord. No. 1825, 5-13-1991]

Interpretation.

In their interpretations and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare of the citizens of Harrisonville.

Where the conditions imposed by any provision of this Chapter upon the:

Use of land or buildings,

The bulk of buildings,

Floor area requirements,

Lot area requirements, and

Yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

This Chapter is not intended to abrogate any easement, covenant or other private agreement; provided that where the regulations of this Chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Chapter shall govern.

No building, structure or use not lawfully existing at the time of the adoption of this Chapter shall become or be made lawful solely by reason of the adoption of this Chapter; and to the extent that and in any manner that said unlawful building, structure or use is in conflict with the requirements of this Chapter, said building, structure or use remains unlawful hereunder.

Separability. It is hereby declared to be the intention of the Board of Aldermen of the City of Harrisonville, Missouri, that the several provisions of this Chapter are separable in accordance with the following:

If any court of competent jurisdiction shall adjudge any provisions of this Chapter to be invalid, such judgment shall not affect any other provision of this Chapter not specifically included in said judgment.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

Building On Lot. In every zoning district, every structure hereafter erected or structurally altered shall be located on a lot and there shall not be more than one (1) principal building on one (1) lot except as may be approved in the planned zoning process.

Allowable Use Of Land Or Buildings. The following uses of land or buildings are allowed in the districts indicated on the Zoning District Map and under the conditions specified in this Chapter:

Uses lawfully established on the effective date of this Chapter.

Permitted uses as designated in Articles IV through XVIII inclusive.

Prohibited Use Of Land Or Buildings. No building or tract of land shall be devoted to any use other than one which is specified as a permitted use, accessory use or an approved special use in Articles IV through XVIII inclusive. However, where a building permit for a building or structure has been issued in accordance with previous zoning regulations or where plans for a building or structure were substantially underway on the date of the adoption of this Chapter, a period of transition is provided. (See Section 405.605, Period of Transition.)

Control Over Use. No building or premises shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located.

Special Uses. To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which have characteristics which are unusual and which prevent their inclusion as permitted uses in the standard zoning districts contained herein, a classification of special uses in hereby established.