Garden City City Zoning Code
§ VII
DISTRICT R-1 FIRST DWELLING HOUSE DISTRICT USE REGULATIONS.
1.
Permitted uses.
In District R-1 no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Dwellings, one-family.
B.
Accessory uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business.
(1)
The term “accessory use” shall include customary home occupation, such as the office of a physician, dentist, surgeon, lawyer, dressmaker, beauty operator, real estate salesman, musician, or artist, under the following restrictions:
(a)
That such uses are located in the dwelling used by that person as his or her private residence; that the residential appearance of the dwelling shall not be changed by alterations or additions for business or commercial uses; and that adequate off-street parking may be provided either in side yards or rear yards behind the front building line.
(b)
That not more than one assistant, other than a member of the immediate family, is employed; and no window display or sign, either illuminated or more than two square feet in area is used to advertise the same.
(c)
That no power or equipment be used that would cause objections or be offensive by reason of vibrations, noise, or the emission of odor, dust, smoke, or gas when measured at the property lines.
(2)
A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated “For Sale” or “For Rent” sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities, and services therein provided; and that during construction of a building one unilluminated sign showing the name(s) of the contractor(s) and/or architect(s) for such buildings shall be permitted, provided that such sign shall not be more than eight square feet in area and shall not be set more than five feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(3)
There shall be permitted one detached garage with not more than one car to each 2,500 square feet of lot areas, provided that such garage shall be located not less than 60 feet from the front line, or in shallower lots, back two-thirds the depth of the lot; but in no case shall a garage be located closer to the front than the building line of buildings on that street.
A garage or accessory building may be built on the lot line on the rear one-third of the lot provided that the rear lot line has an alley or utility easement.
A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.
Inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises.
(4)
A private stable will be allowed on a lot having an area of more than 40,000 square feet, provided that it is located not less than 100 feet from the front lot line nor less than 30 feet from any side or rear lot line. On such lots, there shall not be kept more than two horses, ponies, or mules for each 40,000 square feet of lot area; provided, however, that where any such stable exists and/or herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all state, county, and municipal sanitary and health regulations regarding same.
(5)
Temporary real estate sales offices, located on property being sold, and limited to period of sale but not exceeding two years without special permit from the board.
(6)
Pools having a depth of two feet or more, provided the following conditions are met:
(a)
Located behind the front building line and not less than ten feet from any rear or side line, and in the case of corner lots not less than 15 feet from a side street line and at least 20 feet from principal building on an adjoining lot.
(b)
If located in the side yard, it shall not be less than 60 feet from the front line, and not less than 15 feet from the side line.
(c)
The area in which the pool is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least six feet in height. Must include locking device at least 60 inches above the ground.
(d)
Adequate pool drainage facilities shall be provided, for which the plans and specifications shall be approved by the planning and zoning board.
C.
The following uses shall be permitted subject to review and approval by the planning and zoning board and the board of aldermen of the City of Garden City:
(1)
Churches
(2)
Private schools with curricular [curriculum] equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
(3)
Golf courses, not including golf course clubhouses, miniature golf courses, driving ranges, (golf course clubhouses are subject to the conditions in Section _____).
(4)
The use of buildings or premises for such public utility services is [as] authorized by the public service commission or by permit of the board of aldermen, and excluded from the jurisdiction of the planning and zoning board under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped, and in keeping with the appearance of the neighborhood.
2.
Height and area regulations.
In district R-1, the height of buildings hereafter erected, constructed, reconstructed, moved, or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 35 feet and shall not exceed 2-1/2 stories in height.
B.
Front yards:
There shall be a front yard, the minimum depth of which shall be at least 25 feet.
C.
Side yards:
On single-family dwellings, there shall be a side yard on each side of a building not less than ten percent of the width of the lot. Such side yard shall not be less than 7-1/2 feet and need not be more than ten feet.
(1)
On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than 15 feet.
(2)
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street, may project not more than five feet in front of the line established for buildings by the front yard requirements for the interior lots on the side streets, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of the ordinance to less than 28 feet; and conforming with the previous zoning ordinance of the City of Garden City, and provided that the side yard regulations above shall be observed.
D.
Rear yards:
There shall be a rear yard, the minimum depth of which shall be at least 25 feet. When residence is located on the lot at an angle, rear yard dimension shall be taken at each end of building parallel to the sides and perpendicular measurement taken from the rear of the building to the furthest point of the lot. The average of these measurements shall equal at least 25 feet.
E.
Width of lot:
The mean width of a lot shall be not less than 70 feet and shall have a width of not less than 65 feet at the building line, provided that where a lot has less width than herein required in separate ownership, and conforming with previous zoning ordinances of the City of Garden City at the time of the passage of this ordinance.
This regulation will not prohibit the erection of a one-family dwelling, but further provided that where no public or community sewer is available and in use for the disposal of all sanitary sewage from the premises, each minimum lot width shall not be less than 75 feet and shall have a lot area of not less than 15,000 square feet.
F.
Lot area per family:
Every dwelling hereafter erected or altered shall provide a lot area of not less than 8,400 square feet, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of the City of Garden City at the time of the passage of this ordinance, this regulation shall not prohibit the erection of a one-family dwelling. All dwellings must be connected to the sanitary sewers of the city.
G.
Floor area:
Every dwelling unit shall have a floor area, exclusive of basements, open or screen porches and garages, of not less than 750 square feet.
(Ordinance 2002-518 adopted 3/5/02)