[R.O. 2009 §410.025; Ord. No. 2040 §2, 9-15-2003]
This Article presents the general rules for interpreting language
and definitions of terms within the zoning ordinance.
[R.O. 2009 §410.030; Ord. No. 2040 §2-1, 9-15-2003]
A.Â
For
the purpose of this Chapter, certain terms or words shall be interpreted
as follows:
1.Â
The present tense includes the future tense, the singular number
includes the plural and the plural number includes the singular.
2.Â
The word "shall" is mandatory; the word "may" is permissive.
3.Â
The word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as
an individual.
4.Â
The words "used" or "occupied" include
the words "intended", "designed" or "arranged to be used or occupied" as well as "constructed", "altered", "converted", "rented", "leased" or "intended to be used".
5.Â
The word "lot" includes the words "parcel", "tract", "site" and "space".
[R.O. 2009 §410.040; Ord. No. 2040 §2-2, 9-15-2003; Ord. No. 2071 §1, 5-17-2004; Ord.
No. 2401 §1, 10-18-2010]
For the purposes of understanding, administering and enforcing
this Chapter, the following terms shall have specific definition or
meaning as indicated herein. All words not specifically defined herein
shall have a meaning as found in Webster's Seventh New Collegiate
Dictionary.
A subordinate building, the use of which is incidental to
that of the main building or use and which is located on the same
lot with such main building or use.
A subordinate use which is incidental to that of the main
building or use and which is located on the same lot with such main
building or use.
A person eighteen (18) years of age or older.
Any business, premises or establishment including, without
limitation, adult bookstores, adult video stores, adult motion picture
theaters, adult mini-motion picture theaters, adult cabarets, adult
live performance theaters which has any of the following:
An amount less than thirty percent (30%) of its annual gross
receipts derived from:
The offering of entertainment, performances, scenes, visual
representations or other presentations which are characterized by
emphasis on depiction or description of "specified sexual
activities" or of "specified anatomical areas" as herein defined, or
The offering of stocks in trade of books, magazines, periodicals
or other printed matter or photographs, films, motion pictures, video
cassettes, slides or other photographic materials which are characterized
by emphasis on depiction or description of "specified sexual
activities" or of "specified anatomical areas" as herein defined, and instruments, devices or paraphernalia designed
for use in connection with "specified sexual activities" as herein defined; or
An amount less than thirty percent (30%) of its inventory on
hand at any time consisting of stocks in trade of books, magazines,
periodicals or other printed matter or photographs, films, motion
pictures, video cassettes, slides or other photographic materials
which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical
areas" as herein defined, or paraphernalia designed for use
in connection with "specified sexual activities" as
herein defined; or
An amount less than thirty percent (30%) of its floor area at
any time allocated to:
Entertainment, performances, scenes, visual representations
or other presentations which are characterized by emphasis on depiction
or description of "specified sexual activities" or
of "specified anatomical areas" as herein defined,
or
The offering, display and storage of stocks in trade of books,
magazines, periodicals or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other photographic materials
which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical
areas" as herein defined, and instruments, devices or paraphernalia
designed for use in connection with "specified sexual activities" as herein defined, and instruments, devices or paraphernalia designed
for use in connection with "specified sexual activities" as herein defined.
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SPECIFIED ANATOMICAL AREAS — Any of the following:
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1.
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Less than completely or opaquely covered human genitals, pubic
region, buttocks, anus or female breast area below a point immediately
above the top of the areola; or
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2.
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Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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SPECIFIED SEXUAL ACTIVITIES — Any of the following:
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|---|---|---|
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1.
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Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts; or
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2.
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Actual or simulated acts of sexual intercourse, masturbation,
sodomy or oral copulation; or excretory functions as part of or in
connection with any of the activities set forth in paragraphs (1)
and (2) of this definition.
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Any business, premises or establishment including, without
limitation, adult bookstores, adult video stores, adult motion picture
theaters, adult mini-motion picture theaters, adult cabarets, adult
live performance theaters which has any of the following:
Thirty percent (30%) or more of its annual gross receipts derived
from:
The offering of entertainment, performances, scenes, visual
representations or other presentations which are characterized by
emphasis on depiction or description of "specified sexual
activities" or of "specified anatomical areas" as herein defined, or
The offering of stocks in trade of books, magazines, periodicals
or other printed matter or photographs, films, motion pictures, video
cassettes, slides or other photographic materials which are characterized
by emphasis on depiction or description of "specified sexual
activities" or of "specified anatomical areas" as herein defined, and instruments, devices or paraphernalia designed
for use in connection with "specified sexual activities" as herein defined; or
Thirty percent (30%) or more of its inventory on hand at any
time consisting of stocks in trade of books, magazines, periodicals
or other printed matter or photographs, films, motion pictures, video
cassettes, slides or other photographic materials which are characterized
by emphasis on depiction or description of "specified sexual
activities" or of "specified anatomical areas" as herein defined, or paraphernalia designed for use in connection
with "specified sexual activities" as herein defined;
or
Thirty percent (30%) or more of its floor area at any time allocated
to:
Entertainment, performances, scenes, visual representations
or other presentations which are characterized by emphasis on depiction
or description of "specified sexual activities" or
of "specified anatomical areas" as herein defined,
or
The offering, display and storage of stocks in trade of books,
magazines, periodicals or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other photographic materials
which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical
areas" as herein defined, and instruments, devices or paraphernalia
designed for use in connection with "specified sexual activities" as herein defined, and instruments, devices or paraphernalia designed
for use in connection with "specified sexual activities" as herein defined.
Biodiesel, feed plant, ethanol plan.
The initial processing of crop-based agricultural products
that is reasonably required to take place in close proximity to the
site where such products are produced. Typical uses include grain
mills.
An establishment primarily engaged in the sale, purchase
or rental of farm tools and implements, feed and grain, tack, animal
care products and farm supplies. This definition excludes the sale
of large implements, such as tractors and combines, but includes food
sales and farm machinery repair services that are accessory to the
principal use.
Any one (1) or combination of the following uses: the growing
of farm or truck garden crops, dairying and pasturage, horticulture,
floriculture, viticulture or animal/poultry husbandry. Agriculture
encompasses the farmhouses and accessory uses and structures customarily
incidental to agricultural activities together with the operation
of equipment, machinery and vehicles to perform the above activities
or uses.
An establishment primarily engaged in the sale, purchase
or rental of farm tools and implements, including the sale and service
of large implements such as tractors and combines.
[Ord. No. 2565 §1, 12-15-2014]
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Lafayette County on parcels greater
than forty (40) acres.
The use of land for the production of livestock, dairy products,
poultry or poultry products.
The use of land for the production of row crops, field crops,
tree crops or timber.
Any public or privately owned or operated ground facility
designed to accommodate landing and takeoff operations of aircraft,
including all taxiways, aircraft storage and tie-down areas, hangars
and other necessary buildings and open spaces.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
Change or rearrangement to a building's structural parts.
A use providing animal care, veterinary services or boarding.
See "ANIMAL CARE, LIMITED" and "KENNEL".
A use providing animal care, boarding and veterinary services
for household pets, with no outside animal runs. See "ANIMAL
CARE, GENERAL" and "KENNEL".
An animal feed mill.
An establishment for the care and treatment of small animals,
including household pets.
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.
The owner or duly designated representative of land proposed
to be subdivided, or for which a special permit, amendment, variance,
construction permit or certificate of occupancy has been requested.
Consent shall be required from the legal owner of the premises.
A service center for armed service recruitment.
A use involving the production of works of art by individuals
and assistants and the incidental sale to consumers of those works
produced, limited to the use of hand tools or domestic mechanical
equipment not exceeding two (2) horsepower or a single kiln not exceeding
eight (8) kilowatts. Instruction in arts and crafts shall be included
in this use.
[Ord. No. 2573 §1, 3-2-2015]
An establishment engaged in the manufacture, mixing, batching
or recycling of asphalt, asphaltic cement, cement or concrete products.
Multi-family dwelling units used or designed to be used by
older persons, persons with disabilities or other persons needing
or desiring assistance with day-to-day living matters, but not including
group homes, group housing, hospitals or convalescent care facilities.
Typical uses include retirement communities in which housekeeping
services, common dining facilities and recreational and social activities
are offered to residents.
A wide stretch of open land used for outdoor games such as
baseball, football and soccer.
An open, partially enclosed or fully enclosed facility used
or intended to be used primarily for spectator sports, entertainment
events, expositions and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas and amphitheaters.
A mechanized consumer banking device operated by a financial
institution for the convenience of its customers, whether outside
or in an access-controlled facility. Automatic teller machines (ATM)
located within a building shall be considered accessory to the principal
use unless the ATM is likely to be an independent traffic generator.
Any building, structure, improvements or land used for the
repair and maintenance of automobiles, motorcycles, trucks, trailers
or similar vehicles including, but not limited to, body, fender, muffler
or upholstery work, oil change and lubrication, painting, tire service
and sales or installation of CB radios, radios, car alarms, stereo
equipment or cellular telephones.
Establishments engaged in deposit banking. Typical uses include
commercial banks, savings institutions and credit unions. "Banks and financial institutions" also include automated
teller machines.
An establishment in which the primary function is the sale
and serving of alcoholic and cereal malt beverages for consumption
on the premises, including establishments commonly known as cocktail
lounges and nightclubs.
A story below the first (1st) story as defined under "STORY".
An establishment engaged in the basic processing and manufacturing
of materials or products predominately from extracted or raw materials.
Typical uses include distilleries, pulp processing and paper products
manufacturing; glass manufacturing; brick manufacturing; steel works;
tanneries; acid manufacturing; cement, lime, gypsum or plaster of
Paris manufacturing; fertilizer or chemical manufacturing; and petroleum
refineries.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State Board of
Healing Arts.
A family home, occupied as a permanent dwelling by the proprietor,
in which lodging and meals are provided for time-limited durations
to not more than four (4) groups of patrons in a twenty-four (24)
hour period.
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 Zoning Administrator shall determine the outline
of the block.
The Board established by the City to hear and determine appeals
and variances.
The elected Governing Body of the City of Higginsville.
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.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons or property.
Temporary or permanent buildings, tents or other structures
established or maintained as a temporary living quarter, operated
continuously for a period of five (5) days or more for recreation,
religious, education or vacation purposes.
Any aggregation of shows or riding devices, games of skill
or chance, or any combination of shows and riding devices, or any
combination of several enterprises, such as revolving wheels, merry-go-rounds,
giant swings, panoramas, musical and theatrical entertainments, or
riding devices, whether carried on or engaged in or conducted in any
field, park or in a building or enclosure, and whether carried on,
engaged in or conducted as one (1) enterprise or by several concessionaires,
and whether one (1) admission fee is charged for admission to all
such shows or entertainments, or separate fee for admission is charged
for each amusement.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three (3) sides.
[Ord. No. 2565 §1, 12-15-2014]
An establishment primarily engaged in cleaning or detailing
motor vehicles, whether self-service, automatic or by hand.
An establishment engaged in the preparation of food and beverages
for consumption at another location. Catering shall not include the
manufacturing of food as defined in "Food/bakery product manufacturing".
A cement plant.
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
A chemical production facility.
See the definition of "RELIGIOUS ASSEMBLY".
An organization and its premises catering exclusively to
members and their guests for social, intellectual, recreational or
athletic purposes that are conducted for profit.
The arrangement of buildings or structures in groups around
common courts, driveways, parks or other unique features of the land
permitting more latitude and flexibility in placement and design.
The lots, buildings or structures in a cluster development must meet
the requirements of the appropriate planned districts.
An institution of higher education offering undergraduate
or graduate degrees.
A motor vehicle designed or regularly used for carrying freight
and merchandise, or more than eight (8) passengers, but not including
vanpools or shuttle buses.
[Ord. No. 2565 §1, 12-15-2014]
An area of land or water planned for passive or active recreation
such as swimming pools or tennis courts but not including roadways.
Commercial AM/FM radio, television, microwave and cellular
telephone transmission towers, electronic emission of any wave length
and accessory equipment and buildings.
A building to be used as a place of meeting, recreation or
social activity and not operated for profit and in which neither alcoholic
beverages or meals are normally dispensed or consumed.
A facility that is designed and used for transforming food,
yard wastes and other organic material into soil or fertilizer by
biological decomposition.
A comprehensive plan made and adopted by the Planning Commission
and the Board of Aldermen which, through a combination of text, charts
and maps, sets forth proposals for general locations of various land
uses, including streets, parks, schools, public buildings and utilities.
A lot or building or combination of lots and buildings intended
for the confined feeding, breeding, raising or holding of animals
and specifically designed as a confinement area in which manure may
accumulate, or where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Open lots used for
feeding and rearing of poultry (poultry ranges) and barns, dairy farms,
swine facilities, beef lots and barns, horse stalls, mink ranches
and zoos shall be considered to be animal feedlots. Pastures shall
not be considered animal feedlots.
A use that would not be appropriate generally throughout
a zoning district because of potential danger, smoke, noise or odor,
but which, if controlled as to number, area, location or relation
to the neighborhood, would not be detrimental to public health, safety,
morals or general welfare.
A single dwelling unit under individual ownership within
a multiple dwelling unit structure. A multi-family structure with
two (2) condominiums shall be considered a two-family dwelling and
a structure with more than two (2) condominiums shall be considered
a multi-family dwelling.
An establishment engaged in the retail or wholesale sale
of materials used in the construction of buildings or other structures,
and the outdoor storage of construction equipment or materials on
lots other than construction sites. Typical uses include lumberyards,
home improvement centers, lawn and garden supply stores, electrical,
plumbing, air-conditioning and heating supply stores, swimming pool
sales, construction contractors' storage yards and construction equipment
rental establishments.
An establishment providing bed care and inpatient services
for persons needing regular medical attention, but excluding facilities
for the care and treatment of mental illness, alcoholism, narcotics
addiction, emergency medical services or communicable disease. Typical
uses include nursing homes.
A facility providing housing and care for individuals confined
for violations of law.
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.
Any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana, and any and all
associated business and/or operational activities, including the production
of clones, immature plants, seeds and other agricultural products,
as described in the definition of "nursery" below.
[Ord. No. 2785, 3-4-2019]
A facility providing cultural and educational services to
the public. Typical uses include museums, art museums, observatories,
planetariums, botanical gardens, arboretums, zoos and aquariums.
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 facility for the daytime care of five (5) or more children,
or unrelated adults, not otherwise residents of said facility.
A day care establishment conducted in a private residence
that provides care, protection and supervision for more than ten (10)
individuals at any one time, excluding those persons related to and
residing in the home of the day care provider. A use that provides
care, protection and supervision for individuals on a regular basis
away from their primary residence for less than twenty-four (24) hours
per day.
A day care establishment conducted in a private residence
that provides care, protection and supervision for five (5) to ten
(10) individuals at any one time, excluding those persons related
to and residing in the home of the day care provider. A use that provides
care, protection and supervision for individuals on a regular basis
away from their primary residence for less than twenty-four (24) hours
per day.
Intentional transfer by the developer to the public of ownership
of, or an interest in, land for public purpose. Dedication may be
effected by compliance with Statutes relating to dedication of land,
by formal deed, by conveyance or by any other method recognized by
the laws of the State of Missouri.
The Missouri Department of Natural Resources (MDNR).
The appointed director of the Economic Development Department
of the City of Higginsville.
An individual or management company, located within the City
of Higginsville, that is available twenty-four (24) hours per day,
who accepts full responsibility for addressing matters arising with
the operation or use of a dwelling unit licensed as a short-term rental,
in the absence of the owner/authorized tenant of the property upon
which such dwelling is located.
[Ord. No. 3016, 8-21-2023]
Providing, selling, making available or otherwise distributing
marijuana or marijuana products from any facility or location, whether
fixed or mobile.
[Ord. No. 2785, 3-4-2019]
The procurement, sale, and transport of marijuana and marijuana
products.
[Ord. No. 2785, 3-4-2019]
Any section of the City of Higginsville within which the
zoning regulations are uniform.
Establishment where the product or service is delivered to
customers in motor vehicles either parked nearby or directly through
a window.
A single lot used for two (2) dwelling units within a single
building, other than a manufactured home.
A building designated or used exclusively for residential
occupancy, but not including manufactured homes, hotels or motels.
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MULTI-FAMILY — A residential building designed for or
occupied by more than two (2) families independently.
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SINGLE-FAMILY — A building designed for or occupied exclusively
by one (1) family.
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SINGLE-FAMILY ATTACHED — A portion of a residential building
designed for or occupied exclusively by one (1) family, which is attached
to one (1) or more other such dwelling units, but which can be sold
independent of other portions of the building.
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TWO-FAMILY OR DUPLEX — A residential building designed
for or occupied exclusively for two (2) families independently.
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A building or portion of a building that contains living
facilities for not more than one (1) family and that includes provisions
for sleeping, cooking, eating and sanitation.
A grant by a property owner to the public, a corporation
or a person(s) of the use of a recorded strip of land for certain
specified purposes.
A required setback that fronts on a public street.
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all but two (2) of whom are related to
each other by birth, adoption or marriage, as distinguished from a
group occupying a residential group home as defined in this Section.
Large-scale farm supply establishment.
Small-scale farm service store.
A structure, partition or wall forming a barrier, erected
for the purpose of enclosing or separating contiguous pieces of land
or for the purpose of providing shade, privacy screening or security.
Shrubs, hedges, trees and other plant material are not considered
a fence.
[Ord. No. 2565 §1, 12-15-2014]
The vertical distance measured from the side of the fence
that is exterior to the property or from the lowest adjacent ground
level to the top of the fence material. In the case of wire fencing,
height shall be measured by the width of the material used, providing
that when installed, the material is directly adjacent to the ground
level.
Ag-related chemical sales.
A plan submitted for site plan review as required by these
regulations for single-family, two-family, multi-family, commercial
and industrial development proposals.
A lot, tract or parcel having frontage or access to a street
or place by a strip of land narrower than the lot or parcel width,
having the appearance of a flag on a pole.
The use of a residence exclusive of garage, carport, porch
or basement.
Warehousing and distribution facility.
A use engaged in the manufacture of food and food products,
including non-retail bakeries, canning facilities and creameries.
An establishment where food and prepackaged beverages are
sold on site for consumption off site. A limited amount of food preparation
on site may also be allowed, such as a delicatessen or bakery.
A building or area in which freight brought by truck, rail
or air is processed for continued shipment by truck, rail or air.
The distance along a street line from one intersecting street
to another or from one (1) intersecting street to the end of a dead-end
street.
An establishment engaged in preparing the human deceased
for burial or cremation and arranging and managing funerals.
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PRIVATE — An accessory building or portion of a main building
used for storage only of automobiles.
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PUBLIC — A detached accessory building or portion of the
main building housing or designed to house the automobiles of the
occupants of the premises.
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REPAIR — 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.
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STORAGE — A building or portion thereof, except those
defined as a private, a repair or a community garage, providing storage
for motor vehicles, with facilities for washing but no other services.
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The use of a site for bulk storage and distribution and sales
of flammable liquid, gas or solid fuel, excluding below-ground storage
that is clearly ancillary to an allowed principal use on the site.
Any premises used for dispensing, sale at retail of automobile
fuels, oils or accessories, but not including major repair work.
A facility providing private or public golf recreation services
and support facilities. This definition shall exclude miniature golf
courses and golf driving ranges except those that are clearly accessory
uses. See "RECREATION AND ENTERTAINMENT, OUTDOOR".
That body having jurisdiction in the zoning area.
Buildings or facilities owned or operated by a government
entity and providing services for the public, excluding utilities
and park and recreation services. Typical uses include administrative
offices of government agencies and utility billing offices.
The average level of the finished surface of the ground for
buildings.
A tall building for storing grain.
An establishment where flowers, trees and other products
that are commonly used as landscaping in and around buildings are
grown and sold.
Establishments with ten thousand (10,000) square feet of
gross floor area or more primarily engaged in the retail sale of food
or household products for home consumption. Typical uses include large
grocery stores [including the sale of beer and wine in unopened containers
for off-premises consumption where revenue from the sale of groceries
comprises at least fifty-one percent (51%) of the gross income of
the establishment during a calendar year, and where at least fifty-one
percent (51%) of the total display or shelf space is devoted to groceries
other than beer and wine], delicatessens, meat markets, retail bakeries,
and candy shops.
[Ord. No. 2573 §1, 3-2-2015]
Establishments less than ten thousand (10,000) square feet
of gross floor area primarily engaged in the retail sale of food or
household products for home consumption. Typical uses include those
uses specified for grocery store, general.
[Ord. No. 2573 §1, 3-2-2015]
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet measured from the centerline of joint partitions and
from the exterior surface of outside walls.
A residential home providing twenty-four (24) hour care in
a protected environment for eight (8) or less unrelated persons with
mental or physical disabilities; further, and pursuant to Section
89.020.2, RSMo., such home may include two (2) additional qualified
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home. A "qualified person" shall mean a person qualified by education, training and experience,
or any combination thereof, for the position which they hold in the
residential group home. Group homes for occupants eighteen (18) years
old or under shall be licensed by the Missouri Department of Social
Services.
The use of a site for occupancy by groups of more than five
(5) persons, not defined as a family, on a weekly or longer basis.
Typical uses include fraternity or sorority houses, dormitories, residence
halls and boarding or lodging houses. The term "group residential" does not include "group homes".
An all-weather surface improved with asphalt, concrete, asphaltic
concrete or similar material designed to City of Higginsville street
standards.
Activities that present the potential for serious hazards
to human life and health. Typical uses include arsenals, atomic reactors,
explosives and fireworks manufacture, hazardous waste disposal, medical
waste disposal and radioactive waste handling.
Any substances or materials that, by reason of their toxic,
caustic, corrosive, abrasive or otherwise injurious properties, may
be detrimental or harmful to the health of any person handling or
otherwise coming into contact with such material or substance.
A facility where members or non-members use equipment or
space for the purpose of physical exercise.
Industry that creates external effects of noise and odors.
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof
or to the average height level between eaves and ridge for gable,
hip and gambrel roofs.
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 by feet, shall be regulated by stories
and a story shall be equal to twelve (12) feet for purposes of measuring
structures other than buildings.
An area, either on the ground or on a building, used as a
landing pad for helicopters to pick up or discharge passengers or
cargo.
A conditional accessory use conducted in a single-family
dwelling or accessory building which is:
An institution that:
Offers service more intensive than those required for room,
board, personal services and general nursing care;
Offers facilities and beds for use beyond twenty-four (24) hours
by individuals requiring diagnosis, treatment or care for illness,
injury, deformity, infirmity, abnormality, disease or pregnancy; and
Regularly makes available at least clinical laboratory services,
diagnostic X-ray services and treatment facilities for surgery or
obstetrical care, or other definitive medical treatment of similar
extent. Hospitals may include offices for medical and dental personnel,
central service facilities such as pharmacies, medical laboratories
and other related uses.
A building in which lodging is provided and offered to the
public for compensation including a motel, bed and breakfast inn and
other similar facilities.
A licensed or unlicensed vehicle, powered or unpowered, or
component thereof, including truck/trailer beds/boxes, that is incapable
of operating if it meets one (1) or more of the following criteria:
it has flat or missing tire(s) or wheel(s); is wrecked or junked;
is wholly or partially dismantled; a motorized vehicle incapable of
moving under its own power; watercraft not on a dedicated wheeled
vehicle; has vegetation or debris which has collected in or around
or under the vehicle; is used for storage of any kind; is being used
for on-site human, animal or fowl habitation.
[Ord. No. 2565 §1, 12-15-2014]
A non-profit establishment for public use.
A required setback that does not front on a public street.
Any lot on which four (4) or more adult dogs and cats over
the age of four (4) months of age are kept.
A room or building equipped for scientific experiments, testing,
research, or teaching, or for the manufacture of drugs or chemicals.
[Ord. No. 2785, 3-4-2019]
A disposal facility, licensed by the State of Missouri, employing
an engineered method of disposing of solid waste, including demolition
and construction debris.
An establishment primarily engaged m the provision of providing
dry cleaning, dying services.
[Ord. No. 2573 §1, 3-2-2015; Ord. No. 3017, 8-21-2023]
An establishment primarily engaged in the provision of laundering,
clothing alterations, pick-up and drop-off for off-site dry cleaning,
and similar services.
[Ord. No. 2573 §1, 3-2-2015; Ord. No. 3017, 8-21-2023]
An establishment that is primarily engaged in the large-scale
washing or cleaning of laundry, rugs and similar materials. This definition
does not include laundromats or dry cleaning pickup stations.
A publicly-operated establishment housing a collection of
books, magazines, audio and video tapes and other material for borrowing
and use by the public.
Assisted living housing and related support services.
A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
A space having a minimum dimension of ten (10) feet by twenty-five
(25) feet and a vertical clearance of fourteen (14) feet within the
main building or on the same lot providing for the standing, loading
or unloading of trucks.
A parcel of land lawfully platted in accordance with the
subdivision regulations of the City of Higginsville. Provided however,
that where there exists real property within the City which has not
been subdivided, then lot (sometimes zoning lot) shall be defined
as a parcel of land under common ownership occupied or intended for
occupancy by a use permitted in this Chapter, including one (1) main
building, together with its accessory buildings, the yards, parking
and loading spaces required herein and having its principal frontage
upon a street.
 |
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Figure 1—Lot Types and Setbacks
|
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LOT, CORNER — A lot abutting upon two (2) or more streets
at their intersection. There shall be a setback on each street side
of a corner lot no less than the front yard setback of the adjoining
residential structures fronting on the same side of the street, except
that the established side yard setback of the corner lot may be adjusted
by application for a variance to the Board of Adjustment in cases
where an unnecessary hardship is found. No accessory building shall
project beyond the required or established setback line on either
street.
| |
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LOT, DEPTH OF — The average horizontal distance between
the front and rear lot line.
| |
|
LOT, DOUBLE FRONTAGE — An interior lot having frontages
on two (2) streets.
| |
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LOT, INTERIOR — A lot other than a corner lot.
| |
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LOT OF RECORD — A lot which is a part of a subdivision,
the plat of which has been recorded in the office of the Register
of Deeds or a parcel of land, the deed of which was recorded in the
office of the Register of Deeds prior to the adoption of this Chapter.
| |
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LOT WIDTH — The width of a lot at the building setback
line.
| |
|
LOT, ZONING — A parcel or tract of land used, developed
or built upon as a unit under single ownership or control. Said parcel
or tract may consist of one (1) or more lots of record, one (1) or
more portions of a lot or lots of record or any combination thereof.
|
To compound, blend, extract, infuse, or otherwise make or
prepare a marijuana product.
[Ord. No. 2785, 3-4-2019]
A structure that is governed by and bears the seal indicating
compliance with the Federal Manufactured Home Construction and Safety
Standards established pursuant to the National Manufactured Home Construction
and Safety Standards Act, 42 U.S.C. §5403 and constructed on
or after June 15, 1976.
[Ord. No. 2565 §1, 12-15-2014]
Any area, piece, parcel, tract or plot of ground equipped
as required for support of manufactured homes and offered for use
by the owner or representative for manufactured home park purposes
and/or ground upon which three (3) or more manufactured homes are
parked, whether for compensation or not, including all accessory uses
thereof. The term "manufactured home park" does not
include sales lots of which unoccupied manufactured homes are parked
for the purpose of inspection and sale.
A manufactured home which is designed with the same appearance of an on-site, conventionally built, single-family dwelling and satisfies the criteria established in Article V Use Regulations.
 |
|---|
|
Figure 2 Manufactured Home Residential Design
|
|
Residential Character
|
Architectural Details
|
Manufactured Home Features
|
|---|---|---|
|
Covered Entry
|
Window Elements
|
Horizontal Lap Siding
|
|
Front Porch
|
Permanent Masonry foundation
| |
|
Landscaping
|
Double-wide Manufactured Home
| |
|
Pitched Roof
|
An establishment primarily engaged in the display and sale
of manufactured homes.
Establishments engaged in the manufacture, predominately
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment and packaging
of such products, and incidental storage, sales and distribution of
such products, but excluding "basic industry".
All the parts of the plant of the genus Cannabis, whether
growing or not, and the seed of such plants.
[Ord. No. 2982, 2-6-2023]
Is an establishment where medical marijuana may be acquired,
grown or cultivated, harvested, prepared, processed, manufactured,
compounded, encapsulated, infused, packaged, dispensed, sold, provided,
shared, and exchanged; and as an accessory use, marijuana-related
supplies and educational materials may be provided or sold.
[Ord. No. 2982, 2-6-2023]
An entity which has been licensed by the Missouri Department
of Health and Senior Services and operated in compliance with all
applicable State rules that cultivates, prepares, manufactures, processes,
packages, sells and delivers usable marijuana to a dispensary or a
marijuana-infused product's manufacturing facility, whether medical
or otherwise. This term includes microbusiness wholesale facilities.
[Ord. No. 2982, 2-6-2023]
An entity that has been licensed by the Missouri Department
of Health and Senior Services to acquire, sell, store, transport,
or deliver marijuana or marijuana-infused products, and operated in
compliance with all applicable State rules. This term also includes
cultivating dispensaries and microbusiness dispensaries.
[Ord. No. 2982, 2-6-2023]
An entity which has been licensed by the Missouri Department
of Health and Senior Services to operate a facility that incorporates
marijuana (Cannabis) by the means of cooking, blending, or incorporation
into consumable/edible products, whether medical or otherwise.
[Ord. No. 2982, 2-6-2023]
A facility certified by the Missouri Department of Health
and Senior Services, to acquire, test, certify, and transport marijuana.
[Ord. No. 2982, 2-6-2023]
A facility certified by the State of Missouri to transport
marijuana or marijuana products to a qualifying patient, a primary
caregiver, a marijuana cultivation facility, a marijuana-infused product's
manufacturing facility, a marijuana dispensary facility, a marijuana
testing facility, or another marijuana transportation facility or
any other authorized recipient, all whether medical or otherwise.
[Ord. No. 2982, 2-6-2023]
An establishment which has a fixed place of business having
a source of income or compensation sixty percent (60%) or more of
which is derived from the practice of any method of pressure on or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulation of external parts of the human body with
the hands or with the aid of any mechanical electric apparatus or
appliances with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions, ointments
or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person
to whom the treatment is provided or some third (3rd) person on his
or her behalf will pay money or give any other consideration or gratuity;
provided that this term shall not include any establishment operated
or supervised by a medical or chiropractic practitioner or professional
physical therapist licensed by the State of Missouri.
A facility in which source separated co-mingled recyclable
materials, such as newspapers, glass, metals and plastic containers,
are stored, flattened, crushed and/or bundled prior to shipment to
others who will use those materials to manufacture new products.
All the parts of the plant of the genus cannabis, whether
growing or not, and the seed of such plants that can be administered
to treat or alleviate a condition(s) of a medical marijuana qualifying
patient.
[Ord. No. 2785, 3-4-2019]
Is an establishment where medical marijuana may be acquired,
grown or cultivated, harvested, prepared, processed, manufactured,
compounded, encapsulated, infused, packaged, dispensed, sold, provided,
shared, and exchanged; and as an accessory use, medical marijuana-related
supplies and educational materials may be provided or sold.
[Ord. No. 2785, 3-4-2019]
An entity which has been licensed by the Missouri Department
of Health and Senior Services and operated in compliance with all
applicable State rules that cultivates, prepares, manufactures, processes,
packages, sells and delivers usable marijuana to a dispensary or a
medical marijuana-infused products manufacturing facility.
[Ord. No. 2785, 3-4-2019]
An entity that has been licensed by the Missouri Department
of Health and Senior Services to acquire, sell, store, transport,
or deliver marijuana or marijuana-infused products, and operated in
compliance with all applicable State rules. This term also includes
cultivating dispensaries.
[Ord. No. 2785, 3-4-2019]
An entity which has been licensed by the Missouri Department
of Health and Senior Services to operate a facility that incorporates
medical marijuana (cannabis) by the means of cooking, blending, or
incorporation into consumable/edible products.
[Ord. No. 2785, 3-4-2019]
Is a person who is authorized by the State of Missouri to obtain and use medical marijuana products, or a primary caregiver of such person, as that term is defined in Article XVI of the Missouri Constitution.
[Ord. No. 2785, 3-4-2019; Ord. No. 2982, 2-6-2023]
A facility certified by the Missouri Department of Health
and Senior Services, to acquire, test, certify, and transport marijuana.
[Ord. No. 2785, 3-4-2019]
A facility certified by the State of Missouri to transport
marijuana or marijuana products to a qualifying patient, a primary
caregiver, a medical marijuana cultivation facility, a medical marijuana-infused
products manufacturing facility, a medical marijuana dispensary facility,
a medical marijuana testing facility, or another medical marijuana
transportation facility.
[Ord. No. 2701, 7-15-2019]
An office occupied and maintained for the provision of services
by a person licensed by the State of Missouri to practice in the healing
arts for humans, such as a physician, surgeon, dentist, chiropractor,
or optometrist.
[Ord. No. 2573 §1, 3-2-2015]
A facility used or intended to be used by a branch of the
U.S. armed forces, including military reserves.
The extraction of metallic and non-metallic minerals, excluding
oil or natural gas. Typical uses include sand and gravel pit operations,
quarries and mines.
A transportable, factory-built structure, larger than three
hundred twenty (320) square feet in floor area, designed to be used
as a year-round residential dwelling, built prior to enactment of
the National Manufactured Home Construction and Safety Standards Act,
42 U.S.C. §5403, which became effective June 15, 1976.
[Ord. No. 2565 §1, 12-15-2014]
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise. This does
not apply to public or private schools wherever persons are enrolled
in a class.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for commercial,
educational, or industrial purposes. Modular units do not include
structures defined as manufactured or mobile homes or constructed
with an integral chassis and attached wheels.
[Ord. No. 2573 §1, 3-2-2015]
 |
|---|
|
Figure 3 Modular Home
|
|
Residential Character
|
Architectural Details
|
Modular Features
|
Permanent Features
|
|---|---|---|---|
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Pitched Roof
|
Eave Projection
|
Modules for on-site construction
|
Walkway and Stairs
|
|
Covered Entry
|
Varying Depths
|
Formal Landscaping
| |
|
Enclosed Garage
|
Ornamental Windows
|
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the International
Code Council (ICC) that is inspected and certified at the factory
so that it meets said standard. A modular home shall have exterior
structure materials and appearance similar to the customary single-family
structures, as required of a manufactured home-residential design,
and shall be permanently situated on a concrete foundation.
The use of a site for three (3) or more dwelling units within
a single building. Typical uses include triplexes, four-plexes, apartments
and residential condominiums.
A building or structure whose size, dimensions or location
was lawful prior to the adoption, revision or amendment of this Chapter,
but which would be prohibited or further restricted as to type or
number under the terms of this Chapter.
A lot whose area, dimensions or location was lawful prior
to the adoption, revision or amendment of this Chapter, but which
would be prohibited or further restricted under the terms of this
Chapter.
The use of land or a building, or a portion thereof, that
does not conform with the use regulations of the district in which
it is situated.
A building or buildings in which elderly, chronically ill
and disabled persons who are patients therein will be provided full
support living facilities including twenty-four (24) hour nursing
supervision.
A structure, building, or mobile home which has a person/persons
living in, dwelling in, inhabiting, residing in, or conducting activities
in said structure, building or mobile home, and all necessary utilities
for the structure, building, or mobile home are connected and in current
use.
[Ord. No. 2565 §1, 12-15-2014]
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as incidental to a permitted use. Typical
uses include real estate, insurance, property management, investment,
employment, travel, advertising, law, architecture, design, engineering,
accounting and similar offices.
The subsurface extraction or refining of oil or natural gas.
Any person, firm, trust, corporation, partnership or any
other legal entity who has legal interest in a property, as shown
within the records of the Lafayette County Assessor's Office.
[Ord. No. 3016, 8-21-2023]
A lot or contiguous group of lots in single ownership or
under single control, usually considered a unit for purposes of development.
A permanently surfaced [concrete, asphaltic concrete or other comparable surface as specified in Section 410.420(B)], enclosed or unenclosed for the short-term storage of automobiles.
[Ord. No. 2565 §1, 12-15-2014]
A permanently surfaced area used or intended to be used for
off-street parking of operable motor vehicles on a temporary basis,
other than as accessory parking to a principal use.
[Ord. No. 2565 §1, 12-15-2014]
A permanently surfaced area for the purpose of storing one
(1) parked automobile.
[Ord. No. 2565 §1, 12-15-2014]
A park, playground or community facility, owned by or under
the control of a public agency or homeowners' association, that provides
opportunities for active or passive recreational activities.
A type of used merchandise store in which merchandise is
offered as collateral for obtaining loans and wherein such merchandise
is offered for sale in recompense for default of loan repayment.
[Ord. No. 2573 §1, 3-2-2015]
Informational, instructional, personal improvement and similar
services of a frequent or recurrent and personal nature. Typical uses
include but are not limited to hair salons, barbershops, nail salons,
tattoo/body piercing establishments, health clubs, yoga or dance studios,
driving school, shoe repair, and martial arts studios.
[Ord. No. 2565 §1, 12-15-2014]
An establishment where domestic animals (dogs and cats) are
groomed and washed, and may include the ancillary sale of products
related to this service, but does not include any associated outdoor
kennel or overnight accommodation.
[Ord. No. 2972, 10-17-2022]
The Commission appointed by the Governing Body to administer
the planning and zoning regulations as stipulated by the Governing
Body and the Statutes of the State.
A facility used for the collection, sorting and distribution
of U.S. mail among several zip code areas and having limited retail
services for the public, such as the sale of stamps, postcards and
postal insurance.
A preliminary site plan that shall be submitted to the Zoning
Administrator prior to submission of the final site plan.
A facility for the custom reproduction of written or graphic
materials on a custom order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint
and facsimile sending and receiving, and including offset printing.
The production of books, magazines, newspapers and other
printed matter, and record pressing and publishing, engraving and
photoengraving, but excluding businesses involved solely in retail
photocopying, reproduction, photo developing or blueprinting services.
A non-profit association of persons whose members organized
for some purpose and whose facilities are restricted to members and
their guests; not including groups organized to render a service customarily
carried on as a commercial enterprise.
Any method used to prepare marijuana and/or marijuana products
for commercial retail and/or wholesale sales, including but not limited
to, cleaning, curing, preparation, laboratory testing, manufacturing,
packaging and extraction of active ingredients to create marijuana-related
products and concentrates.
[Ord. No. 2785, 3-4-2019]
An office occupied by a member of a recognized profession
and maintained for the provision of professional services, such as
but not limited to, a lawyer, architect, city planner, landscape architect,
interior designer, accountant, financial planner, auditor, bookkeeper,
real estate, brokerage for securities or commodities, secretarial
services, or engineer.
[Ord. No. 2573 §1, 3-2-2015]
Offices for publicly-owned utilities.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge and that is wholly enclosed
in a building. Typical uses include bowling alleys, indoor theaters,
bingo parlors, pool halls, billiard parlors and video game arcades.
Does not include those uses considered as parks and recreation.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge, wherein any portion of
the activity takes place in the open. Typical uses include archery
ranges, batting cages, golf driving ranges, drive-in theaters and
miniature golf courses. Does not include those uses considered as
parks and recreation.
Any of the following vehicles which are licensed for travel
on the highway: travel trailer (a vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreation or vacation, or one permanently identified as a travel
trailer by the manufacturer of the trailer); pickup coach (a structure
designed to be mounted on a truck chassis for use as a temporary dwelling
for travel, recreation and vacation); motorhome (a portable, temporary
dwelling to be used for travel, recreation and vacation, constructed
as an integral part of a self-propelled vehicle); and camping trailer
(a canvas, material or metal folding structure mounted on wheels and
designed for travel, recreation and vacation use).
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
A facility which is not larger than one thousand (1,000)
square feet in size and is designed for the collection of aluminum
and steel cans, glass, plastic containers, papers and other usable
materials for their redistribution for sale or reutilization. This
definition does not include processing equipment or storage.
A facility designed for the purpose of collecting, redistributing
and processing recyclable materials. Activities may include the receipt,
separation, storage, conversion, bailing and/or processing of paper,
iron, metal, glass, newspaper and other non-biodegradable materials.
Hazardous and biodegradable materials, as determined by the Missouri
Department of Natural Resources, including, but not limited to, food,
beverages, drugs, cosmetics, hazardous chemicals, poisons, medical
wastes, syringes, needles, pesticides and other similar materials,
shall not be brought into or handled by a recycling processing center.
A site used by a religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship, retreat site or religious camp.
An establishment primarily engaged in the provision of repair
services to individuals and households, but excluding "vehicle repair"
services. Typical uses include appliance repair shops.
An establishment engaged in conducting basic and applied
research, including production of prototype products when limited
to the minimum scale necessary for full investigation of the merits
of a product, excluding production of products used primarily or customarily
for sale or for use in non-prototype production operations.
A use primarily engaged in the sale of food and non-alcoholic
beverages in a ready-to-consume state and where the design or principal
method of operation is that of a fast-food or drive-in restaurant
offering quick food service, where orders are generally not taken
at the customer's table, where food is generally served in disposable
wrapping or containers, and where food and beverages may be served
directly to the customer in a motor vehicle.
A building wherein food is prepared and served in ready-to-eat
form to the public for human consumption. The term "restaurant" shall include cafe, cafeteria, grill, pizza or chili parlor, diner,
snack shop, hamburger shop and steak house.
Refers to the sale of commodities and services directly to
customers, when such commodities and services are used or consumed
by the customer and not purchased primarily for the purpose of resale.
An establishment engaged in the sale or rental of goods and
services including, but not limited to, antique shops, apparel and
accessory stores, art and supply stores, bicycle shops, book and stationery
stores, barber and beauty shops, candy and ice cream stores, cigar
and tobacco stores, dressmakers and tailors, flower and gift shops,
hobby shops, interior decorators, jewelry stores, key shops, leather
goods and luggage stores, music instrument sales and repair, photocopying
services, shoe repair and shoe shine stores, sporting and athletic
goods, toy stores and department stores; excluding uses more specifically
defined.
A structure erected for the display and sale of agricultural
products that may or may not be located on a zoning lot where the
principal use is agricultural. Requires appropriate commercial zoning
and must comply with all site and structure provisions of the applicable
zoning district and may sell up to five (5) products not of an agricultural
nature. Products sold are generally grown off the zoning lot where
such stand is located.
A facility for conduct of public safety and emergency services,
including fire and police protection services and emergency medical
and ambulance services.
An area where junk, waste, discarded or salvaged materials
are sold, exchanged, stored, baled, parked, disassembled, handled
or prepared for recycling, including auto and building salvage yards.
A public, private or parochial school offering instruction
at the elementary, junior and/or senior high school levels in the
branches of learning and study required to be taught in the public
schools of the State.
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools.
Any school operated by a public school district or by a City,
County, State or Federal Government agency.
Schools with specific charter for disabled students.
Screening and enclosure required for permitted outdoor storage
shall be by means of a fence, wall or berm, in combination with landscaping,
designed to create a minimum of seventy-five percent (75%) opacity.
Crates, boxes, trailers or other temporary storage facilities shall
not be considered appropriate screening materials.
Include any transaction whereby, for any consideration, title
to marijuana is transferred from one person to another, and includes
the delivery of marijuana or marijuana products, pursuant to an order
placed for the purchase of the same and soliciting or receiving an
order for the same, but does not include the return of marijuana or
marijuana products by a licensee to the licensee from whom such marijuana
or marijuana product was purchased.
[Ord. No. 2785, 3-4-2019]
The total floor area of a building exclusive of stairways,
restrooms, storage rooms, hallways or other areas which are not regularly
used by visitors, clients, customers, patients or patrons in their
normal everyday use of the building.
A use primarily engaged in the retail sale of gasoline or
other motor fuels primarily to automobiles and passenger vehicles,
along with accessory activities such as the sale of lubricants, accessories
or supplies, the lubrication of motor vehicles, and the minor adjustment
or repair of passenger motor vehicles. Uses involved primarily in
the sale of diesel fuel, gasoline or other fuels to tractor-trucks
and uses that feature parking, storage or servicing of tractor-trucks
or semi-trailers shall be classified as "truck stop service
stations".
A use primarily engaged in the sale of diesel fuel, gasoline
or other fuels to tractor-trucks, along with accessory activities
such as the sale of lubricants, accessories or supplies, or the servicing
of tractor trucks or semi-trailers. A truck stop service station may
include, as an accessory use, the parking and storage of tractor-trucks
and semi-trailers.
The distance that is required by this zoning ordinance to
be maintained in an unobstructed state between a structure and the
property line of the lot on which the structure is located. (Note:
The term "setback" refers to a required minimum area,
while the term "yard" refers to the actual open area.)
An indoor or outdoor facility used or intended to be used
for the discharge of firearms at targets.
The rental to transient guests of a single-family dwelling,
or multi-family dwelling unit, or a portion thereof, located in a
residentially zoned district, for a period of less than thirty (30)
consecutive calendar days, unless the rental meets the definition
of bed and breakfast. Typically, these rentals are arranged through
online marketing or facilitation services, such as Airbnb and VRBO.
[Ord. No. 3016, 8-21-2023]
An area at a street intersection in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2½)
feet and eight (8) feet above the grades of the outside edge of the
street surface of the intersecting streets, measured from the point
of intersection of the centerline of the streets, ninety (90) feet
in each direction along the centerline of the streets; except that,
the City Engineer may establish greater sight triangles based upon
standards in the policy manual published by the American Association
of State Highway and Transportation Officials (AASHTO).
|
Figure 4 Sight Triangle Minimum Standards
|
|---|
 |
Any words, numerals, figures, devices, designs or trademarks
by which information is made known to the public outside a building.
The use of a site for two (2) or more dwelling units that
are constructed with common or abutting walls and with each dwelling
unit located on its own separate lot. Typical uses include town houses
and twin homes.
The use of a lot for only one (1) principal dwelling unit
that is not connected to any other dwelling unit. This definition
shall include, as defined by these regulations, "manufactured
homes—residential design" and "modular homes" but shall exclude "manufactured homes".
Recycling collection centers, incinerators, processing facilities,
materials recovery facilities, solid waste transfer stations or any
facility where municipal solid wastes are salvaged, sorted, processed
or treated.
A facility where solid waste or recyclable material is transferred
from collection vehicles (some sorting may occur) to long distance
hauling vehicles for transportation to a central solid waste management
facility for processing, disposal, incineration or resource recovery.
Any building where horses, mules or ponies are sheltered,
fed and/or kept for hire.
A detached accessory building for the keeping of horses,
mules or ponies owned by the occupants of the premises and not kept
for remuneration, hire or sale.
A non-farm-based facility used or intended to be used for
selling or holding livestock.
That portion of a building, located completely above grade,
included between the surface of any floor and the surface of the floor
next above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished for use. A half story may be used for
occupancy only in conjunction with and by the occupants of the floor
immediately below.
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to public
or private easements thereon.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
|
ARTERIAL — A street which provides for through traffic
movement between and around areas with direct access to abutting property,
subject to necessary control of entrances, exits and curb uses.
| |
|
COLLECTOR — A street which provides for traffic movement
between arterials and local streets, with direct access to abutting
property.
| |
|
EXPRESSWAY — A street which provides fast and efficient
movement of large volumes of traffic between areas and does not provide
a land service function.
| |
|
LOCAL — A street which provides direct access to abutting
land and local traffic movement whether in business, industrial or
residential areas.
|
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any combination of materials constructed or erected on the
ground or which is attached to something on the ground for use, occupancy
or ornamentation, whether installed on, above or below the surface
of land or water.
[Ord. No. 2565 §1, 12-15-2014]
An establishment primarily engaged in the provision of recording
or broadcasting services accomplished through the use of electronic
mechanisms.
A receptacle for water, constructed or prefabricated, or
an artificial pool of water, with bottom and sides formed of material
other than soil and rock, used for swimming or bathing, having a depth
at any point of more than twenty-four (24) inches at its deepest level,
intended for the purpose of immersion or partial immersion therein
of human beings, and including all appurtenant equipment. This term
includes in-ground, aboveground, and on-ground pools; hot tubs; spas
and fixed-in-place wading pools.
[Ord. No. 2565[1] §1, 12-15-2014]
A use which is only allowed for a specified period of time.
Typical temporary uses include, but are not limited to, Christmas
tree sales, garage sales, road stands, etc.
The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State of Missouri, and regulated under Sections 367.500 through
367.533, RSMo., as amended from time to time. (See "Unsecured Loan
Service" for restrictions.)
[Ord. No. 2573 §1, 3-2-2015]
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces, and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms, but excluding
unroofed balconies and patios.
See definition of "HOTEL/MOTEL".
A dwelling unit located in a group of three (3) or more attached
town house dwelling units with no other dwelling unit located above
or below another and with each dwelling unit having at least one (1)
interior common wall and a private exterior entrance.
A town house, the total land area beneath the town house
and the facilities associated with the town house.
A grouping of three (3) or more town houses.
A person who occupies a room in a hotel, motel, bed and breakfast,
or short-term rental for less than thirty-one (31) consecutive days.
[Ord. No. 3016, 8-21-2023]
A facility used or intended to be used as an area for loading,
unloading and interchange of transit passengers. Typical uses include
bus terminals, rail stations and passenger-related mass transit facilities.
A State-licensed group care home for juvenile delinquents,
halfway houses providing residence, rehabilitation and counseling
to persons on release from a more restrictive custodial confinement
and residential rehabilitation treatment centers which also may provide
outpatient rehabilitation for alcohol and other drug abuse.
The use of a site for two (2) dwelling units that are constructed
with common or abutting walls and with each dwelling unit located
on its own separate lot. Twin homes are often created by subdividing
a single duplex into two (2) separate lots each of which contains
one (1) dwelling unit.
Any business which loans money on a short-term basis to members of the general public as an element of its operation, including businesses offering payday loans, signature loans and check cashing loans under Chapter 367 or Section 408.500 RSMo., and other similar businesses, but not to include banks, savings and loan associations or credit unions which are licensed under Chapter 364 or 365 RSMo., or pawn brokers governed by Chapter 367 RSMo., or retail merchants covered by Chapter 400, Article 2, RSMo.
[Ord. No. 2573 §1, 3-2-2015]
The annual sale of more than four (4) used vehicles not in
conjunction with an automotive sales establishment.
The use of a building or premises primarily for the retail
sale of used merchandise or secondhand goods, such as used clothes,
antiques, secondhand books or rare manuscripts, or items of architectural
salvage, but not including used cars or other motorized vehicles or
pawn shops.
[Ord. No. 2573 §1, 3-2-2015]
Generating plants; electrical switching facilities and primary
substations; water and wastewater treatment plants; water tanks; and
radio, television and microwave transmission towers; and similar facilities
of agencies that are under public franchise or ownership to provide
the public with electricity, gas, heat, steam, communication, rail
transportation, water, sewage collection or other similar service.
The term "utility" shall not be construed to include
corporate or general offices; gas or oil processing; manufacturing
facilities; postal facilities or other uses defined in this Section.
Services and facilities of agencies that are under public
franchise or ownership to provide services that are essential to support
development and that involve only minor structures, such as poles
and lines.
A variation from a specific requirement in this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
Any device, or component thereof, in, upon or by which any
person or property is or may be transported or pulled upon a highway,
street or waterway, including, but not limited to, travel trailer,
camper, motor home/coach, trailers of all kinds, trucks of all sizes,
cars, buses, boats, and off-road vehicles. Devices moved by human
power or used exclusively upon stationary rails or tracks are not
deemed to be a vehicle.
[Ord. No. 2565 §1, 12-15-2014]
An establishment engaged in the retail or wholesale sale
or rental, from the premises, of motorized vehicles or equipment,
along with incidental service or maintenance activities. Typical uses
include new and used automobile and truck sales, automobile rental,
boat sales, motorcycle sales, moving trailer rental and farm equipment
and machinery sales and rental.
An outdoor area used or intended to be used for long-term
storage of vehicles and equipment, other than a "commercial
parking lot" or accessory parking to a principal use.
Any self-powered vehicle moving on wheels or runners used
as a means of transport.
An establishment primarily engaged in painting of or bodywork
to motor vehicles or heavy equipment. Typical uses include paint and
body shops.
A use providing automobile repair or maintenance services
within completely enclosed buildings, but not including "general
vehicle repair" services.
Garages specializing vehicle repair, including body shops.
A use providing education or training in business, commercial
trades, language, arts or other similar activity or occupational pursuit
and not otherwise defined as a "college or university" or "school".
An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for dead
storage of their household goods or personal property.
An establishment primarily engaged in the storage or sale
of materials, equipment or products or sale to wholesalers or retailers.
Typical uses include cold storage, warehousing and dead storage facilities,
but exclude "residential storage warehouses" and
sale of goods to the general public.
A workshop where machines, machine parts or other metal products
are fabricated. Typical uses include machine shops, welding shops
and sheet metal shops.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. 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 minimum horizontal distance between
the lot line and the main building shall be used.
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FRONT — A yard extending the full width of the lot between
a main building and the front lot line.
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REAR — A yard extending the full width of the lot between
a main building and the rear lot line. On corner lots, the rear yard
shall be considered as parallel to the street upon which the lot has
its least dimension. On both corner lots and interior lots, the rear
yard shall in all cases be at the opposite end of the lot from the
front yard.
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SIDE — An open space between the front and rear yards
of a lot and between the side lot lines and the main building or any
projections thereof.
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A section of the zoning area for which uniform regulations
governing the use, height, area, size and intensity of use of structures,
land and open space are herein established.
The person designated by the City to enforce and administer
the provisions of this Chapter or their duly appointed representative(s).
The area to be zoned as set out on the official Zoning Map
filed of record.
The term "zoning regulations" or "these regulations" shall mean the requirements stipulated
in the regulations herewith attached and shall mean the lawfully adopted
zoning ordinances of the City of Higginsville.
[1]
Editor's Note: This ordinance also repealed the definitions
of "swimming pool, private" and "swimming pool, public."
