Excelsior Springs City Zoning Code
SECTION 400
040 General Provisions.
[R.O. 2012 §400.040; Ord. No. 88-5-5 §§I — III, 5-16-1988]
A.
Interpretation.
1.
In their interpretation 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 citizen of Excelsior Springs.
2.
Where the condition imposed by any provision of this Chapter upon the:
a.
Use of land or buildings;
b.
The bulk of buildings;
c.
Floor area requirements;
d.
Lot area requirements; and
e.
Yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of the Chapter or of the adopted Building Code, 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.
3.
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, such requirements shall govern.
4.
No building, structure, or use not lawfully existing at the time of the adopting 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.
B.
Separability. It is here by declared to be the intention of the City Council of the City of Excelsior Springs, that the several provisions of this Chapter are separable, in accordance with the following:
1.
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.
2.
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.
C.
Building On Lot. In a single-family residence district, every single-family dwelling 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.
D.
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.
E.
Prohibited Use Of Land Or Buildings. No building or tract of land shall be devoted to any use other than one (1) which is specified as a Permitted Use, Accessory Use, or Special Use in Section 400.070 through 400.120 inclusive. However, where a building permit for a building or structure has regulations or where plans for a building or structure of this Chapter, a period of transition is provided. (See Section 404.070, Period of Transition.)
F.
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, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located; except that in Residence Districts a lot in single ownership which was of record at the time of adoption of this ordinance, even though not meeting the requirements of this Chapter as to area and width, may be used for single-family residence purposes, provided that such use conforms with all other applicable regulations of this Chapter.
G.
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 in the Standard Zoning Districts contained herein, a classification of Special Uses is hereby established. Procedures for Special Uses are set forth in Section 400.230.