[Ord. No. 1007 §16-201, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.010), 9-24-2003]
A.
Chapters 405 through 450 of this Title shall be known and may be cited as the Mission City Zoning Regulations. Zoning Ordinance No. 1007 was prepared and adopted on January 24, 2001, repealing former zoning ordinances. Not less than three (3) copies of this codified publication will be marked "Official Copy"; and the City Clerk will keep on file at the City Hall one (1) copy opened to inspection and available to the public at all hours that the City Hall is open for business. Copies will be reproduced and made available to all departments for City use. Interested parties may purchase a copy for the sum of ten dollars ($10.00).
B.
Purpose. Ordinance No. 1007 regulates and restricts the
use of land and the location of buildings designed for specified uses;
which regulates and restricts the location of trades and industries;
which regulates and limits the height and bulk of structures hereafter
erected or altered; which regulates and determines minimum ground
floor area; which regulates and determines the area of yards and other
open spaces; which regulates and limits the density of population;
which divides the City of Mission, Kansas, into districts and establishes
by reference to a map the boundaries of said districts for said purpose;
which regulates and controls plats; which provides for a comprehensive
road and trafficway system; which provides for amendments; which provides
for enforcement and prescribes penalties for violation.
[Ord. No. 1007 §16-202, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.020), 9-24-2003; Ord. No. 1124 §1, 8-25-2004; Ord. No. 1260 §1, 5-21-2008]
A.
General. Words used in the present tense include the future;
words in the singular number include the plural; and words in the
plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory;
the term "used for" includes the meaning "designed for" or "intended for".
B.
100-YEAR FREQUENCY FLOOD
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
ALTERATION
APARTMENT
APARTMENT HOTEL
APARTMENT HOUSE
APPEAL
BLOCK
BOARDING HOUSE OR LODGING HOUSE
CAMPGROUND
CARPORT
CLUB, PRIVATE
CLUSTER HOUSING
CONDOMINIUM
CONDOMINIUM, DWELLING HOUSE
CONGREGATE HOUSING
COURT
CURB LEVEL
DETACHED
DEVELOPMENT
DISCOUNT STORES
DISCOUNT SUPERSTORE
DRIVE
DRIVE-IN ESTABLISHMENT
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY OR DUPLEX
FAMILY
1.
2.
3.
FLOODPLAIN ZONING DEFINITIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
FLOOR AREA, SERVICE
FLOOR AREA, TOTAL
GARAGE, COMMUNITY
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GARDEN APARTMENT BUILDING
HABITABLE FLOOR
HIGH-RISE APARTMENT BUILDING
HEIGHT OF A BUILDING OR STRUCTURE
HOME OCCUPATION
HOTEL
INOPERABLE VEHICLE OR EQUIPMENT OR PARTS THEREOF
LANDSCAPING
LOT
LOT, CORNER
LOT DEPTH
LOT INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
LOT, THROUGH
LOT WIDTH
MANUFACTURED HOME
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SPACE
MOTEL
NET SITE AREA
NEW CONSTRUCTION
NON-CONFORMING USE, BUILDING OR YARD
PLANNED ZONING DISTRICT
REGULATORY FLOOD ELEVATION
REGULATORY FLOOD PROTECTION ELEVATION
RESTAURANT
SALES FLOOR AREA
SPECIAL USE PERMIT
STABLE, PRIVATE
STABLE, RIDING
START OF CONSTRUCTION
STORAGE - STORED
STORY
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
TOWN HOUSE
TRAILER
TRAILER, ADVERTISING
TRAILER, HAULING
TRAVEL TRAILER OR RECREATION VEHICLE
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Specific Definitions. For the purpose of this Title, the
following words and terms, as used in this Title, are defined as follows:
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland water that has a one percent (1%) chance of
occurrence each year.
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building or use customarily
incident to the main use of the property.
A use of building or land which is customarily incident to
and located on the same lot or premises as the main use of the premises.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
A building arranged, intended or designed for more than two
(2) families.
A request for a review of a member of the City's staff's
interpretation of any provision of this Title or determination regarding
an administrative approval. Appeal may also refer to any situation
where an applicant seeks to review a decision of any administrative
body of the City to a separate administrative body which, under the
terms of this Title, has the power to hear such requests for reviews.
A piece or parcel of land entirely surrounded by public highways
or streets other than alleys. In cases where the platting is incomplete
or disconnected, the Building Engineer shall determine the outline
of the block.
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for five (5) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
That area of land available for the overnight or temporary
parking of recreational vehicles which is in compliance with the zoning
and other ordinances of the City.
A roofed, wall-less shed, usually projecting from the side
of a building, used as a shelter for an automobile.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
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.
A type of ownership of premises whereby a defined and described
space is owned in fee and certain other portions of the property are
owned in common with others. Residential or non-residential real estate
may be included.
A building containing dwelling units, which dwelling units
are separated by a party wall and which dwelling units are designed
and intended to be separately owned in fee under the condominium Statutes
of the State of Kansas.
A type of living whereby adults fifty-five (55) years of
age and over reside in separate sleeping quarters but utilize common
dining and recreational facilities.
An open, unoccupied space, other than yard, bounded on three
(3) or more sides by exterior walls of a building or by exterior walls
of a building and lot lines on which walls are allowable.
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A building shall not have a wall, roof or other structural
member in common with or in contact with another building.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Stores over fifty thousand (50,000) square feet with off-street
parking that usually offer a variety of customer services, centralized
cashing and/or a wide range of products. Less than five percent (5%)
of the total sales floor area may be devoted to the sale of groceries.
Discount stores usually maintain long store hours seven (7) days a
week. The stores are often the only ones on the site but they can
also be found in mutual operation with a related or unrelated garden
center or service station. Discount stores are also sometimes found
as separate parcels within a retail complex with their own dedicated
parking area.
Superstore that is similar to a discount store with the exception
that they may also contain a full service grocery department under
the same roof that shares entrances and exits with the discount store
area. Such retail stores exceed one hundred thousand (100,000) square
feet of gross floor area and devote at least five percent (5%) of
the total sales floor area to the sale of groceries. Discount stores
usually maintain long store hours seven (7) days a week. The stores
are often the only ones on the site but they can also be found in
mutual operation with a related or unrelated garden center or service
station. Discount stores are also sometimes found as separate parcels
within a retail complex with their own dedicated parking area.
A right-of-way which affords principal means of vehicular
access to or through a residential area, commercial center, mobile
home or trailer park and which is owned and maintained by the owner
or operator of the complex, center or park.
Any restaurant, financial institution or product vending
enterprise where the patron does not enter and remain within a 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 are included
in this definition.
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple dwellings,
boarding and lodging houses, apartment houses and town houses, but
not hotels.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families commonly referred to as
a triplex, fourplex or apartment building or town house.
A building arranged, intended or designed for occupancy by
one (1) family.
A building arranged, intended or designed for occupancy by
two (2) families.
Any of the following:
A group of not more than three (3) related or unrelated persons
of any age living together by joint agreement and occupying a single
housekeeping unit with common kitchen facilities or a mixed group
of related and non-related persons of any age who together constitute
no more than a cumulative total of three (3) persons living together
by joint agreement and occupying a single housekeeping unit with common
kitchen facilities.
A group of any size and age consisting entirely of an immediate
family. For the purpose of this Section an "immediate family" shall be a group consisting of only a spouse, parent, child, grandchild,
grandparent, brother or sister, all related by marriage or consanguinity
and all of who can provide documentation of such relationship within
a reasonable time upon request by the appropriate enforcement officers
of the City. Ten (10) calendar days shall constitute a reasonable
period of time unless the occupants can establish the necessity of
an extension of time to obtain such documentation from the authorized
sources and any request for an extension of time to the City must
be submitted in writing prior to the expiration of the ten (10) day
response time and must be accompanied by names, dates and location
of the births or marriages sought to be documented.
A group of not more than seven (7) persons who are eighteen (18) years of age or older who are related by marriage or consanguinity, all living together and occupying a single housekeeping unit with common kitchen facilities and all of who can provide documentation of such relationship within a reasonable time upon request by the appropriate enforcement officers of the City as provided in Subsection (2) above.
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In any civil or criminal prosecution for violation of the permitted occupancy of a single-family dwelling as described in Subsections (1), (2) and (3) above, a court may, where appropriate, infer from the evidence presented in that prosecution, including, without being limited to, evidence that more than three (3) persons age eighteen (18) or older are occupying a single-family dwelling, that such occupancy constitutes an occupancy in violation of the Municipal Code.
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FLOOD: A temporary rise in streams flow or
stage that results in water overlapping its banks and inundating areas
adjacent to the channel. An unusual and rapid accumulation of runoff
or surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP: An official
map of the City issued by the Department of Housing and Urban Development
and the Federal Insurance Administration where boundaries of the floodway
and floodway fringe have been designated.
FLOOD ELEVATION DETERMINATIONS: A determination
of the water surface elevations of the 100-year flood; that is, the
level of flooding that has a one percent (1%) chance of occurrence
in any given year.
FLOOD INSURANCE RATE MAP (FIRM): The official
map prepared by the Department of Housing and Urban Development Federal
Insurance Administration for a community delineating where flood insurance
may be sold and the risk premium zones applicable to such area.
FLOOD INSURANCE STUDY (FIS): The official report
provided by the Federal Insurance Administration. The report contains
flood profiles and water surface elevations for various flood frequencies
as well as the boundaries and water surface elevations of the 100-year
flood.
FLOOD PROTECTION SYSTEM: Those physical structural
works constructed specifically to modify flooding in order to reduce
the extent of the area within a community subject to a "special flood
hazard". Such a system typically includes levees or dikes. These specialized
modifying works are those constructed in conformance with sound Federal
engineering standards.
FLOODPLAIN: Any land area susceptible to being
inundated by water from any source.
FLOODPLAIN MANAGEMENT: The operation of an
overall program of corrective and preventive measures for reducing
flood damage including, but not limited to, emergency preparedness
plan, flood control works and floodplain management regulations.
FLOODPROOFING: Any combination of structural
and non-structural additions, changes or adjustments to structures,
including utility and sanitary facilities, which would preclude the
entry of water. Structural components shall have the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
FLOODWAY: The channel of a river or other watercourse
and the adjacent portion of the floodplain that must be reserved in
order to discharge the 100-year flood without cumulatively increasing
the water surface elevation more than one (1) foot at any point assuming
equal conveyance reduction outside the channel from the two (2) sides
of the floodplain.
FLOODWAY FRINGE: That area of the floodplain,
outside of the floodway, that on the average is likely to be flooded
once every one hundred (100) years (i.e., that has a one percent (1%)
chance of flood occurrence in any one (1) year).
The total floor area in a building measured to the outside
surface of outer walls and including all levels, basements, mezzanines,
storage areas and hallways but excluding restrooms, utility and mechanical
equipment rooms, stairways and elevator shafts. Provided however,
the Planning Commission and City Council may determine not to include
basements or storage areas for certain circumstances, upon a showing
by the applicant that such determination is reasonable.
The square foot area of a building, including accessory building,
measured from outside wall surfaces and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms but excluding
unroofed balconies and patios.
A building or portion thereof, other than a repair garage,
providing storage for motor vehicles but no other services, such garage
to be in lieu of private garages within a block or project.
An accessory building or portion of a main building used
for storage only of automobiles.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles and which is operated
for commercial purposes.
A building or portion thereof, except those defined as a
private, a repair or a community garage, providing storage for motor
vehicles but no other services.
An apartment building located on a lot either singly or together
with other similar apartment buildings generally one (1) or two (2)
stories in height and having grounds completely landscaped.
Any floor usable for living purposes which includes working,
sleeping, eating, cooking or recreation or a combination thereof.
A floor used only for storage purposes is not a "habitable floor".
A building containing apartment units as a principal use
which building exceeds three (3) stories in height.
The vertical distance from the average ground level abutting
a building or structure to the highest point of a building or highest
point of any permanent part of a structure other than a building.
Height, where not regulated in feet, shall be regulated by stories
and a story shall be equal to twelve (12) feet for purposes of measuring
structures other than buildings.
Any occupation of a service character which is clearly secondary
to the main use of the premises as a dwelling place and does not change
the character thereof or have any exterior evidence of such secondary
use either in the form of signs, materials, equipment, noise, odor
or other nuisance or unusual pedestrian or vehicular traffic appurtenant
to such home occupation. This occupation shall be carried on or conducted
only by members of a family residing in the dwelling and in connection
with which there is kept no stock in trade or commodity for sale upon
the premises.
Any building containing six (6) or more guest rooms intended
or designed to be used, rented or hired out to be occupied or which
are occupied for sleeping purposes by guests.
A motor passenger vehicle, truck, bus, aircraft or other
motorized equipment or machine which is not then in condition to be
operated in a normal or customary manner, nor any major parts thereof
such as body, chassis, engine, frame or the trailer portion of a tractor-trailer
rig.
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.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings and the accessory buildings or
uses customarily incident thereto, including such open spaces as are
required under these regulations. A "lot", as used
in this Title, may consist of one (1) or more platted lots or tract
or tracts as conveyed or parts thereof.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the Building Official,
except that a lot as defined in this Title, when made up of more than
one (1) platted lot, shall be deemed to front on the street upon which
the platted lots front.
The mean horizontal distance from the front street line to
the rear line.
A lot whose side lines do not abut upon any street.
The boundary between a lot and the right-of-way on which
it fronts.
The boundary line which is opposite and most distant from
the front street line; except that in the case of uncertainty the
Building Official shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
The lines bounding a lot as defined in "LOT LINE,
FRONT" in this Section.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lines measured at the
front building line.
A dwelling unit that is substantially assembled in an off-site
manufacturing facility for installation or assembly at the building
site, bearing a label certifying that it was built in compliance with
the National Manufactured Home Construction and Safety Standards (24
C.F.R. 3280 et seq.) promulgated by the U.S. Department of Housing
and Urban Development.
A factory-built structure more than eight (8) feet in width,
equipped with the necessary service connections and made so as to
be readily movable as a unit or units on its or their own running
gear and designed to be used as a dwelling unit without permanent
foundation. "Without a permanent foundation" indicates
that the support system is constructed with the intent that the mobile
home placed thereon may be moved from time to time at the convenience
of the owner.
A tract of land meeting the requirements of this Title containing
suitable drives, utilities and other supporting elements and devoted
to the sole purpose of accommodating mobile homes on a permanent or
semi-permanent basis.
That area of land within a mobile home park set aside for
use on a site for one (1) mobile home, including the open spaces around
said mobile home as are required in this Title.
A building or buildings contained on one (1) undivided tract
or parcel of land, a group of individual private units, each provided
with separate sleeping room or rooms, having bath, lavatory and toilet
facilities, designed and to be used primarily for transient guests
traveling by automobile.
The land area of a lot or tract after all public street and
alley right-of-way as are required by the provisions of this Title
have been subtracted.
Those structures where new construction or substantial improvement
of which is begun after December 31, 1979, or the effective date of
the Flood Insurance Rate Map (FIRM), whichever is later.
A use, building or yard which does not by reason of design,
use or dimensions conform to the regulations of the district in which
it is situated and existed as such on the date of the adoption of
this Title.
The zoning of a lot or tract to permit that development as
specifically depicted on plans approved in the process of zoning that
lot or tract.
Elevation indicated in Flood Insurance Study as the elevation
of the 100-year flood.
An elevation one (1) foot higher than the water surface elevation
of the regulatory flood.
A building wherein food is prepared and served in ready-to-eat
form to the public for human consumption. "Restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop,
hamburger shop and steak house.
Only interior building space devoted to the sale of merchandise
and does not include restrooms, office space, storage space, automobile
service area or open-air garden sales space.
The process by which those uses are deemed special and unique and which, by their nature, do not blend with the zoning districts set out in this Title, are allowed to exist and to operate in the City of Mission. Eligible uses and procedures for approval are set out in Sections 445.180 et seq. and Sections 440.010 — 440.140 of this Title.
An accessory building and premises for the keeping of horses,
ponies, mules or cows owned by occupants of the premises and not kept
for remuneration, hire or sale.
A structure and premises in which horses, ponies or mules
used exclusively for pleasure riding or driving are housed, boarded
or kept for remuneration, hire or sale.
The first (1st) placement of permanent construction of a
structure (other than a mobile home) on a site such as the pouring
of slabs or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of accessory buildings, such
as garages or sheds not occupied as dwelling units or not as part
of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of construction" includes the first (1st) permanent framing or assembly of the structure
or any part hereof on its piling or foundation. For mobile homes not
within a mobile home park or mobile home subdivision, "start
of construction" means the affixing of the mobile home to
its permanent site. For mobile homes within mobile home parks or mobile
home subdivisions, "start of construction" is the
date on which the construction of facilities for servicing the site
on which the mobile home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring
of concrete pads and installation of utilities) is completed.
The keeping of items, equipment, vehicles, trailers or materials
for a period of time longer than would be involved in the normal day-to-day
use or consumption of the same.
That part of a building included between the surface of one
floor and the surface of the floor next above or, if there is no floor
above, that part of the building which is between the surface of a
floor and the ceiling next above. A top story attic is a half-story
when the main line of the eaves is not above the middle of the interior
height of such story. The first (1st) story is a half-story when between
fifty and seventy-five percent (50% — 75%) of the area of its
exterior walls is exposed to outside light and air entirely above
grade and which exterior walls contain windows or doors permitting
the entrance of daylight and outside air. When less than fifty percent
(50%) of the area of the walls of the first (1st) story is exposed
to outside light and air entirely above grade, that story shall be
classed as a basement and, in the case of multiple-family dwellings,
may not be occupied as a residence by other than a caretaker or manager.
A right-of-way which affords principal means of vehicular
access to property abutting thereon.
The dividing line between the street right-of-way and the
abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the actual
cash value of the structure either before the improvement is started
or, if the structure has been damaged and is being restored, before
the damage occurred. Substantial improvement is started when the first
(1st) alteration of any structural part of the building commences.
A residential building containing not less than three (3)
or more than eight (8) living units separated by party walls, having
garages and being capable of separate ownership of each dwelling unit.
A vehicle, other than a mobile home, equipped with wheels
and normally towed over the road behind a motor vehicle.
A trailer as defined in "TRAILER" above,
but carrying or having attached thereto a sign, billboard or other
media for advertising purposes, such advertising being the prime purpose
and use of the trailer.
A trailer, as defined in "TRAILER" above
and designed and normally used for over-the-road transportation of
belongings, equipment, merchandise, livestock and other objects but
not equipped for human habitation.
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.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the building shall be used. Where
lots abut a street that is designated a thoroughfare street on the
thoroughfare plan, all yards abutting the street shall be measured
from a line one-half (½) the proposed right-of-way width from
the centerline or from the lot line, whichever provides the greater
setback. On other lots all yards abutting a street shall be measured
from a line twenty-five (25) feet from the centerline or from the
lot line, whichever provides the greater setback.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
