Higginsville City Zoning Code
ARTICLE III
Establishment of Zoning Districts and Map
Section 410.050 Zoning Districts.
[R.O. 2009 §410.050; Ord. No. 2040 §3-1, 9-15-2003; Ord. No. 2527 §1, 2-3-2014]
The City of Higginsville is hereby divided into the following zoning districts:
"AG" | Agricultural District | |
"SF-1" | Single-Family Residential District—twelve thousand five hundred (12,500) square feet | |
"SF-2" | Single-Family Residential District—seven thousand five hundred (7,500) square feet | |
"SF-3" | Single- and Two-Family Residential District—seven thousand five hundred (7,500) square feet | |
"MR" | Multi-family Residential District | |
"MHP" | Manufactured Home Park Residential District | |
"HS" | Health Services District | |
"GC" | General Commercial District | |
"DC" | Downtown Commercial District | |
"HC" | Highway Commercial District | |
"LI" | Light Industrial District | |
"HI" | Heavy Industrial District |
Section 410.060 Requirements in Each District.
Section 410.070 Zoning District Map.
[R.O. 2009 §410.070; Ord. No. 2040 §3-3, 9-15-2003]
The boundaries of these districts are hereby established as shown upon the map accompanying and made a part of this Chapter, which map is designated as the "Zoning District Map". The Zoning District Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references and other information shown thereon were all fully set forth or described herein, which Zoning District Map is properly attested and is on file with the Office of the Zoning Administrator.
Section 410.080 Annexed Land.
[R.O. 2009 §410.080; Ord. No. 2040 §3-4, 9-15-2003]
All land which is annexed to the City shall be classified in the "AG" Agricultural District until, within a reasonable time following annexation, the annexed land shall be appropriately classified by amending this Chapter in accordance with Article XIV herein.
Section 410.090 Vacation of Public Ways.
[R.O. 2009 §410.090; Ord. No. 2040 §3-5, 9-15-2003]
In the event any street, alley, railroad right-of-way or other public way forming the boundary of a district is vacated, the new district boundary line shall be the former centerline of said vacated public way.
Section 410.100 Boundaries of Districts.
[R.O. 2009 §410.100; Ord. No. 2040 §3-6, 9-15-2003]
A.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning District Map made a part of this Chapter, the following rules apply:
1.
The district boundaries are the centerlines of streets, alleys, waterways and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the Zoning District Map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district.
2.
Where the district boundaries do not coincide with the location of streets, alleys, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
3.
Where the district boundaries do not coincide with the location of streets, alleys, waterways, railroad rights-of-way or lot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning District Map.
Section 410.110 Exemptions.
[R.O. 2009 §410.110; Ord. No. 2040 §3-7, 9-15-2003]
A.
The following structures and uses shall be exempt from the provisions of these regulations:
1.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.
2.
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.
3.
Agriculture as defined by these regulations. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable regulations of these regulations.
4.
Retaining walls on public property.
5.
Public signs.
Section 410.120 Separability.
[R.O. 2009 §410.120; Ord. No. 2040 §3-8, 9-15-2003]
A.
It is hereby declared to be the intention of the City that the several provisions of these regulations are separable in accordance with the following rules:
1.
If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.
Section 410.130 Repeal Clause.
[R.O. 2009 §410.130; Ord. No. 2040 §3-9, 9-15-2003]
Upon the adoption of this Zoning Ordinance, the Higginsville Zoning Ordinance, adopted September 8, 1993, Ordinance No. 1540, as amended, is hereby repealed.
Section 410.140 Legal Lots of Record.
[R.O. 2009 §410.140; Ord. No. 2040 §3-10, 9-15-2003]
Platted prior to September 15, 2003 shall be required to meet yard area requirements as established by the pattern of development or record plat in the block or immediate residential environs.
Section 410.150 Application of District Regulations.
[R.O. 2009 §410.150; Ord. No. 2040 §3-11, 9-15-2003]
A.
Except as hereinafter specifically provided:
1.
No building shall be erected, converted, constructed, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
2.
No building shall be erected, converted, constructed, reconstructed or structurally altered except in conformity with the height, area, parking and loading regulations of the district in which the building is located.
3.
The minimum yards and other open spaces, including lot area required by this Chapter for each and every building existing at the time of the passage of this Chapter, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located.
4.
Every building hereafter erected or structurally altered shall be located on a lot as defined in this Chapter and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided hereinafter.
5.
Every building hereafter erected, converted, constructed, reconstructed or moved on a lot shall be connected to the City's sewer system unless circumstances prevent such connection and a waiver of this requirement is granted by the Board of Aldermen.
6.
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations, and all requirements shall be observed as though the property were under single ownership.