[Ord. No. 1825, 5-13-1991; Ord. No.
3341 §1, 11-2-2015; Ord. No. 3677, 12-4-2023]
In order to carry out the purposes and provisions of this Chapter,
the City of Harrisonville, Missouri is hereby divided into the following
districts:
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District "A"
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Agriculture District
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District "E"
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Estate District
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District "R-1"
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Single-Family Residential District
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District "R-1B"
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Near Downtown Single-Family Neighborhood District
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District "R-1M"
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Manufactured Home Park District
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District "R-2"
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Two-Family Residential District
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District "R-2B"
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Near Downtown Two-Family Neighborhood District
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District "R-3"
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Cluster or Garden Type Residential District
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District "R-4"
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Medium Density Apartment District
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District "C-O"
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Non-Retail Business District
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District "C-1"
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Local Business District
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District "CBD-1"
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Downtown Core Business District
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District "CBD-2"
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Downtown Fringe Business District
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District "C-2"
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Service Business District
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District "M-1"
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Light Industrial District
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District "M-2"
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General Industrial District
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[Ord. No. 1825, 5-13-1991; Ord. No. 3677, 12-4-2023]
Some of the districts hereinbefore set forth shall have a separate
and distinct counterpart known and herein referred to as a planned
district. A planned district shall be for the purpose of permitting
and regulating the uses heretofore permitted in the equivalent district
and further provide for and encourage latitude and flexibility in
the location of buildings, structures, roads, drives, variations in
yards and open spaces all subsequent to approval of the plan by local
officials. The purpose is to allow development of tracts of land to
their fullest extent and at the same time observe the general intent
and spirit of these regulations.
Planned Districts shall be as follows:
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District "EP"
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Planned Estate District
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District "RP-1"
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Planned Single-Family Residential District
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District "RP-1M"
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Planned Manufactured Home Park District
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District "RP-2"
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Planned Two-Family Residential District
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District "RP-3"
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Planned Cluster or Garden Type Residential District
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District "RP-4"
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Planned Medium Density Apartment District
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District "CP-O"
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Planned Non-Retail Business District
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District "CP-1"
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Planned Local Business District
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District "CBDP-1"
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Planned Downtown Core Business District
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District "CBDP-2"
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Planned Downtown Fringe Business District
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District "CP-2"
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Planned Service Business District
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District "MP-1"
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Planned Light Industrial District
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District "MP-2"
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Planned General Industrial District
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[Ord. No. 1825, 5-13-1991]
The zoning of land in Harrisonville to one (1) of the planned
districts ("EP" to "MP-2", inclusive) shall be for the purpose of
requiring orderly development on a quality level generally equal to
that of the equivalent standard zoning districts, but permitting variations
from the normal and established development techniques. The use of
planned zoning procedures is intended to encourage large scale development
tracts, innovative and imaginative site planning, conservation of
natural resources and minimum waste of land. The following are specific
conditions and objectives of planned zoning:
A.
A proposal
to rezone land to a planned district shall be subject to the same
criteria relative to compliance with the general development plan,
land use policies, neighborhood compatibility, adequacy of streets
and utilities and other elements, as is normal in rezoning deliberations.
B.
The
submittal by the developer and the approval by the City of development
plans represents a firm commitment by the developer that development
will indeed follow the approved plans in concept, intensity of use,
aesthetic levels and quantities of open space.
C.
Deviations
in yard requirements, setbacks and relationship between buildings
are acceptable and may be approved within the limits set out in "Standards
of Development" in this Section, if it is deemed that other amenities
or conditions will be gained to the extent that an equal or higher
quality of development will result than under standard zoning procedures.
D.
Residential
areas will be planned and developed in a manner that will produce
more useable open space, better recreational opportunities, safer
and more attractive neighborhoods than under standard zoning and development
techniques.
E.
Commercial
areas will be planned and developed so as to result in attractive,
viable and safe centers and clusters, as opposed to strip patterns
along thoroughfares. Control of vehicular access, architectural quality,
landscaping and signs will be exercises to soften the impact on nearby
residential neighborhoods and to assure minimum adverse effects on
the street system and other services of the community.
F.
The
developer will be given latitude in using innovative techniques in
the development of land not feasible under application of standard
zoning requirements.
G.
Planned
zoning shall not be used as a refuge from the requirements of the
equivalent district as to intensity of land use, amount of open space
or other established development criteria.
H.
No
use will be permitted in the planned district that is not clearly
permitted in the equivalent district.
I.
Any
building or portion thereof may be owned in condominium under appropriate
Missouri Statutes.
[Ord. No. 1825, 5-13-1991]
A.
The
maximum height of buildings and structures shall be as set out in
the equivalent district.
B.
The
intensity of land use, the floor area and bulk of buildings, the concentration
of population, the percentage of lot coverage, the amount of open
space, light and air shall be generally equal to that required in
the equivalent zoning district.
C.
The
density of residential dwelling units, the parking requirements and
the performance standards shall be the same as in the equivalent district.
D.
The
permitted uses shall be the same as those permitted in the equivalent
district, provided that limitations may be placed on the occupancy
of certain premises, if such limitation is deemed essential to the
health, safety or general welfare of the community.
E.
The
Planning and Zoning Commission may, in the process of approving preliminary
and final plans, approve deviations from the minimum standards in
the equivalent district as follows:
1.
Setbacks of buildings and paved areas from a public street may be
reduced to seventy-five percent (75%) of the ordinance requirement.
2.
Setbacks of buildings and paved areas from a property line of the
project (other than a street line) may be reduced to eighty-five percent
(85%) of the ordinance requirement.
3.
Side yards between buildings may be reduced to zero.
4.
Setbacks of buildings and paved areas from a freeway right-of-way
line may be reduced to five (5) feet.
5.
A portion of the parking area required under this Chapter may remain
unimproved until such time as the Board of Aldermen deems it must
be improved to serve the demand adequately.
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The foregoing deviations may be granted by the Planning and
Zoning Commission only where there is ample evidence that said deviation
will not adversely affect neighboring property, nor will it constitute
the mere granting of a privilege. Reduction of setbacks or other open
space shall be compensated by additional open space in other appropriate
portions of the project. In all cases such deviations shall be in
keeping with good land planning principles and must be specifically
set out in the minutes of the Commission, as well as on plans and
other exhibits in the record.
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[Ord. No. 1825, 5-13-1991; Ord. No. 3603, 9-19-2022]
A.
Upon annexation of an area and/or property by the City all such areas and/or properties shall be automatically zoned to have the underlying, or neighboring parcels, equivalent zoning classification; or a zoning classification the property's current use would indicate. If either of these remedies would serve to create a non-conforming use or any type of spot zoning, then the property shall be annexed in as a legal non-conforming property and subject to the requirements of Section 405.050 of the Municipal Code regarding Non-Conforming Buildings, Structures and Uses, and as either Agriculture "A", if five (5) acres or more, or as the underlying area zoning classification and with the stipulation that the property undergo the standard procedure for rezoning. All zoning classifications assigned at the time of annexation, or approved through the rezoning process, shall also be in concert with the City's currently adopted Comprehensive Growth Plan.
B.
In
the event, the Board of Aldermen and the owners of said land desire
a different classification for such annexed land, then such change
shall be first submitted to the Planning and Zoning Commission for
its recommendation prior to the Board of Aldermen's action on such
zoning classification change.
[Ord. No. 1825, 5-13-1991]
The procedure for zoning land to a planned district shall be as set out in Article XXIII of this Chapter.
[Ord. No. 1825, 5-13-1991]
In the consideration of a change to a planned zoning district,
the Planning and Zoning Commission and Governing Body shall determine
whether the proposal conforms to the adopted General Development Plan,
special studies and policies normally utilized in making zoning decisions
in the City of Harrisonville.
[Ord. No. 1825, 5-13-1991]
The location and boundaries of the districts established by
this Chapter are set forth on the "Zoning District Map" which is hereby
made a part of this Chapter. The said map, together with everything
shown thereon and all amendments thereto, shall be as much a part
of this Chapter as though fully set forth and described herein. The
said map shall be filed with the office of the City Clerk and copies
thereof in the office of the Director of Code Enforcement and shall
be open to public reference at all times during which those offices
are open.
[Ord. No. 1825, 5-13-1991]
When uncertainty exists with respect to the boundaries of the
various districts as shown on the Zoning District Map, the following
rules shall apply:
A.
District
boundary lines are either the centerlines of railroads or the right-of-way
lines of highways, streets, alleys, tract or lot lines or such lines
extended, unless otherwise indicated.
B.
In
areas not subdivided into lots and blocks, wherever a district is
indicated as a strip adjacent to and paralleling a street, highway
or railroad, the depth of such strips shall be in accordance with
dimensions shown on the maps measured at right angles from the property
line of a street, highway or railroad and the length of frontage shall
be in accordance with dimensions shown on the map from the property
lines of streets, highways or railroad right-of-way unless otherwise
indicated.
C.
Where
a district boundary line divides a lot in single ownership, the regulations
for either portion of the lot may, in the City's discretion, extend
over the entire lot.
[Ord. No. 1825, 5-13-1991; Ord. No. 3038 §5, 6-2-2008]
The following public utility uses are permitted uses in any
district: poles, wires, cables, conduits, vaults, laterals, pipes,
mains, valves or any other similar local utility distribution equipment.
However, installation shall conform with all applicable Federal, State
and local government rules and regulations, except where otherwise
exempted by applicable law; provided that nothing in this Article
shall be deemed to apply a limitation or restriction on the authority
of the City, including as to any City-operated utility, facilities
or department from exercising such duties or functions consistent
with applicable law.
