Excelsior Springs City Zoning Code
SECTION 400
270 Contextual Development Standards and Exceptions.
[R.O. 2012 §400.270; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 98-9-10, 9-21-1998; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 18-09-06, 9-17-2018; Ord. No. 19-01-02, 1-7-2019; Ord. No. 22-07-01, 7-18-2022; Ord. No. 26-04-05, 4-6-2026]
A.
Purpose. This Section establishes development standards that supplement or modify the base zoning district regulations. It includes contextual, formula-based standards that may apply in place of otherwise applicable requirements where neighborhood character or site conditions warrant, as well as administrative exceptions that grant limited discretionary relief from certain standards where a minor practical difficulty arises. Together, these provisions provide flexibility to achieve context-sensitive development while adhering to the purpose and intent of the Zoning Code.
B.
Height. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding one hundred (100) feet provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed that specified height limit as established by the regulations of the district in which such buildings are situated. Parapet walls and false mansards may extend not more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks, storage towers, radio transmitter towers, ornamental towers, monuments, cupolas, domes, spires, stand-pipes, and other necessary mechanical appurtenances may be erected as to height in accordance with other local regulations and in conformance with air space regulations relative to any affected airport.
C.
Yard Exceptions.
1.
Residential Districts. In Districts "R-1," "R-2," "R-3," "R-4" and "R-5" where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets (excluding reverse corner lots), are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage.
2.
"C-O" to "M-2" Districts. In Districts "C-O" to "M-2" inclusive, where buildings located in the same block on the same side of a street have provided front yards of greater or less depth than herein required, the Board of Adjustment may establish setbacks for buildings or structures constructed hereafter.
3.
Official Line For Future Widening Or Opening Of Street. Where an official line has been established by the City Council or State Highway Commission for future widening or opening of a street upon which a lot abuts, then the depth or width of a yard shall be measured from such official right-of-way line to the nearest line of the building.
4.
Required Yard Or Court To Be Open — Exceptions. Every part of a required yard shall be open from its lowest point to the sky unobstructed, with the following exceptions:
a.
Ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves may extend into a minimum yard up to but not more than twenty-four (24) inches.
b.
In residential districts, canopies or open porches having a roof area not exceeding one hundred twenty (120) square feet may project a maximum of ten (10) feet into the required rear yard.
c.
In residential districts, open, uncovered porches, balconies and decks may extend into the required front yard or the required side street yard on a corner lot, up to but not more than eight (8) feet or one half (1/2) of an existing yard, whichever is less; such balconies or decks shall not be enclosed with a wall or other structure that extends more than forty-two (42) inches above the floor or which is perforated over its entire surface less than twenty-five percent (25%).
d.
Notwithstanding the previous exceptions, in District "R-1" and District "R-2" ADA-accessible ramps of wood construction, not enclosed with a wall or other structure that extends more than forty-two (42) inches above the ramp floor, and not requiring piers, may extend into the required front, side and/or rear yards but not closer than five (5) feet to any property line.
5.
Fire Escapes And Stairways. An open fire escape may project into a required side yard not more than one-half (1/2) the width of such yard, but not more than four (4) feet from the building. In non-residential districts, fire escapes, solid-floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
6.
Detached Accessory Buildings. In any district, a detached accessory building may occupy not more than thirty percent (30%) of a rear yard.
7.
Sight Distance On Corner Lots. All corner lots shall provide sight distance triangles, extending in all directions of vehicle approach, the short leg of which shall be twenty (20) feet, and the long leg of which shall be one hundred forty (140) feet measured along the curb line or edge of the pavement. Such area shall be and remain free of shrubbery, fences or other obstruction to vision more than two (2) feet in height measured from the roadway. This requirement shall not apply to lots in an "R-1A" zoning district if the intersection in question is a four-way stop.
8.
Rear Yards In Districts "C-1" To "M-2." No rear yard shall be required in Districts "C-1" to "M-2," inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
9.
Through Lot With One (1) End Abutting A Limited-Access Highway. A through lot having one (1) end abutting a limited access highway, or thoroughfare with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
D.
Administrative Exceptions.
1.
Purpose And Intent. Administrative exceptions provide limited relief from otherwise applicable standards in instances where a minor practical difficulty arises. Such exceptions may be approved by the Community Development Director upon review.
2.
Applicability. The Community Development Director is authorized to approve the following types of exceptions:
a.
Modifications of ten percent (10%) or less of any setback, lot size, lot width, building coverage, or height standard.
b.
Alternate parking plans involving a modification of ten percent (10%) or less of any of the off-street parking, loading, or driveway regulations within Chapter 400.
c.
Modifications of ten percent (10%) or less of any landscaping requirement, including the number of plants, the required landscape surface area, or any other pertinent landscaping requirement.
3.
Approval Criteria. Exceptions may be approved by the Community Development Director only upon a finding that all of the following criteria have been met:
a.
The requested exception is consistent with the stated purposes of the Zoning Code and the Comprehensive Plan.
b.
Approving the request eliminates an undue burdern to the property owner or addresses a practical difficulty of development.
c.
Any adverse impacts resulting from the approved exception will be mitigated to the maximum practical extent.
4.
Conditions Of Approval. In granting an exception, the Community Development Director may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the stated purposes of the Zoning Code and the Comprehensive Plan.
5.
Record Keeping. When exceptions are granted, written approval of the exception must be kept and stored with the building permit or other pertinent application record.
