[Ord. No. 1825, 5-13-1991]
[Ord. No. 1825, 5-13-1991]
A.Â
Purpose. This Chapter is adopted for the following purposes:
1.Â
Promoting the public health, safety, comfort, morals, convenience
and general welfare by providing efficiency and economy in the process
of development.
2.Â
Securing adequate light, pure air and safety from fire and other
dangers.
3.Â
Conserving the taxable value of land and buildings throughout the
City of Harrisonville.
4.Â
Implementing the adopted General Development Plan of the City of
Harrisonville.
5.Â
Providing for the distribution of compatible land uses throughout
the City.
B.Â
To
these ends the Chapter is designed to establish certain standards
and objectives by:
1.Â
Dividing the entire City of Harrisonville into districts and restricting
and regulating therein the location, construction, reconstruction,
alteration and use of buildings, structures and land, whether for
residence, business, manufacturing or other specified uses.
2.Â
Avoiding or lessening congestion in the public streets.
3.Â
Preventing the overcrowding of land through regulating and limiting
the height and bulk of buildings hereafter erected as related to land
area.
4.Â
Establishing, regulating and limiting the building or setback lines
on or along streets, alleys or property lines.
5.Â
Regulating and limiting the intensity of the use of lot area and
regulating and determining the area of open spaces within and surrounding
such buildings.
6.Â
Establishing standards to which buildings or structures therein shall
conform.
7.Â
Prohibiting uses, buildings or structures incompatible with the character
of the residence, business or manufacturing districts.
8.Â
Preventing additions to, and alterations or remodeling of, existing
buildings or structures in such a way as to avoid the restrictions
and limitations imposed hereunder.
9.Â
Providing for the gradual elimination of those uses, buildings and
structures which are incompatible with the character of the districts
in which they are made or located including, without being limited
thereto:
a.Â
Elimination of such uses of unimproved lands or lot areas when existing
rights of the persons in possession thereof are terminated or when
the uses to which they are devoted are discontinued;
b.Â
Elimination of uses to which such buildings and structures are devoted,
if they are adaptable for permitted uses; and
c.Â
Elimination of such buildings and structures when they are destroyed
or damaged in major part.
10.Â
Defining and limiting the powers and duties of the administrative
officers and bodies as provided hereinafter.
11.Â
Prescribing penalties for the violation of the provisions of this
Chapter or of any amendment thereto.
[Ord. No. 1825, 5-13-1991; Ord. No. 2504 §1, 6-8-1998; Ord. No. 3107 §§1 — 2, 10-19-2009]
A.Â
Rules Of Construction. The language set forth in the text
of this Chapter will be interpreted in accordance with the following
rules of construction:
1.Â
The singular number includes the plural and the plural the singular.
2.Â
The present tense includes the past and the future tenses and the
future the present.
3.Â
The word "shall" is mandatory while the word "may" is permissive.
4.Â
The masculine gender includes the feminine and neuter.
5.Â
Whenever a word or term defined hereinafter appears in the text of
this Chapter, its meaning shall be construed as set forth in the definition
thereof; and any word appearing in parenthesis between a word and
its definition herein shall be construed in the same sense as that
word.
6.Â
All measured distances shall be to the nearest integral foot; if
a fraction is one-half (½) foot or more, the integral foot
next above shall be taken.
B.Â
ABATTOIR
ABUTTING
ACCESS
ACCESSORY DWELLING UNIT (ADU)
ACCESSORY STRUCTURE
AGRICULTURE
A.Â
B.Â
C.Â
D.Â
E.Â
AIRCRAFT
AIRPORT
ALLEY
ALTERATION
AMENDMENT
ANIMAL HOSPITAL OR CLINIC
APARTMENT
APARTMENT COMPLEX
APIARY
APPLICANT
APPURTENANCE
ASSISTED-LIVING FACILITY
AUTOMATIC CAR WASH
AUTOMOBILE SALVAGE OR WRECKING YARD OR TOW LOT
AUTOMOBILE SERVICE STATION
AVIARY
BASEMENT
BED AND BREAKFAST
BLOCK
BOARD OF ADJUSTMENT
BODY SHOP
BUILDING
BUILDING, ACCESSORY
BUILDING, COMPLETELY ENCLOSED
BUILDING COVERAGE
BUILDING, DETACHED
BUILDING HEIGHT
BUILDING, PRINCIPAL
BUILDING, RESIDENTIAL
BUILDING SETBACK LINE
BUILDING, TEMPORARY
BUSINESS
CAMPGROUND
CELLAR
CHURCH(ES)/PLACES OF WORSHIP
CLUB OR LODGE, PRIVATE
CLUSTER HOUSING
COMMODITY
COMPREHENSIVE FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
COMPREHENSIVE PLAN
CONDOMINIUM
CORRECTIONAL FACILITY
COTTAGE HOUSING
COURT
CURB LEVEL
DAYCARE
DAYCARE CENTER
DAYCARE HOME
DECIBEL
DENSITY
DEVELOPER
DRIVE
DRIVE-IN ESTABLISHMENTS
DOG KENNEL
DUMP
DWELLING
DWELLING UNIT
DWELLING, LOFT
DWELLING, MULTIPLE-FAMILY
DWELLING, PATIO HOME
DWELLING, SINGLE-FAMILY
DWELLING, TOWN HOME
DWELLING, TWO-FAMILY (DUPLEX)
DWELLING, ZERO LOT LINE
EASEMENT
ELEEMOSYNARY/PHILANTHROPIC INSTITUTION
EVENT VENUE
EXCEPTION
FACTORY-BUILT DWELLING
FAMILY
FENCE, SOLID
FINANCIAL INSTITUTION
FLOODPLAIN
FLOOR AREA
FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING
REQUIREMENTS
FLOOR-AREA RATIO
FOUNDATION, PERMANENT
FREIGHT TERMINAL
FRONT
FRONTAGE
FRONTAGE ROAD
FUNERAL HOME
GARAGE, PRIVATE
GARAGE, STORAGE
GARDEN APARTMENTS
GENERAL DEVELOPMENT PLAN
GREENHOUSE
GROUND-FLOOR AREA
GROUP HOME FOR ADULTS
GROUP HOME FOR MINORS
GUEST, PERMANENT
HEIGHT OF STRUCTURE OTHER THAN A BUILDING
HOME COMPOSTING
HOME OCCUPATION
HOTEL
HOTEL, APARTMENT
INSTITUTIONAL USE
INTERMEDIATE CARE FACILITY
INTERMODAL CONTAINER
JUNK YARD
LABORATORY
LANDSCAPING
LODGING ROOM
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT OF RECORD
LOT, REVERSED CORNER
LOT, THROUGH
LOT WIDTH
LOTS HELD IN SEPARATE OWNERSHIP
MANUFACTURED HOME
MANUFACTURED HOME LOT
MANUFACTURED HOME PARK
MANUFACTURED HOME, PERMANENT
MANUFACTURED HOME SPACE
MANUFACTURED HOME, TEMPORARY
MARIJUANA FACILITY
MARIJUANA MICROBUSINESS FACILITY
MARIJUANA or MARIHUANA
MARIJUANA TESTING FACILITY
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEDICAL MARIJUANA TESTING FACILITY
MEDICAL MARIJUANA USE
MICROBUSINESS DISPENSARY FACILITY
MICROBUSINESS WHOLESALE FACILITY
MINI-WAREHOUSE FACILITY
MOBILE HOME
MOBILE HOME, PERMANENT
MOBILE HOME, TEMPORARY
MODULAR HOME
MORTUARY
MOTEL OR MOTOR HOTEL
MOTOR FREIGHT TERMINAL
MOTOR VEHICLE
MUSHROOM BARNS AND CAVES
NAMEPLATE
NATURAL OR ARTIFICIAL BARRIER
NON-CONFORMING LOT
NON-CONFORMING USE
NOXIOUS MATTER
NURSERY
NURSERY, RETAIL
NURSERY, WHOLESALE
NURSING HOME
OFFICE
OFFICE, GENERAL BUSINESS
OFFICE, MEDICAL/DENTAL
ON-SITE TEMPORARY STORAGE UNIT
OPEN SALES LOTS
OFFICE, PROFESSIONAL
OUTDOOR STORAGE
OVERLAY ZONING DISTRICT
OWNERS
PARKING SPACE
PARTICULAR MATTER
PARTY WALL
PERFORMANCE STANDARD
PERMITTED USE
PICNIC GROVE
PLAN, CONCEPTUAL
PLAN, FINAL
PLANNED ZONING DISTRICT
PLANNING AND ZONING COMMISSION
PRELIMINARY APPROVAL
PRELIMINARY DEVELOPMENT PLAN
PREROLL
PUBLIC UTILITY
PUBLIC UTILITY FACILITIES
QUALIFYING PATIENT
REFUSE
RESIDENTIAL CARE FACILITY
RETAIL SALES, OUTDOOR
RETAIL SERVICES
RIDING ACADEMY
ROOMING HOUSE
SALVAGE YARD
SCHOOL
SCREENING
SHORT-TERM RENTAL
SIGN
SIGNIFICANT TREE
A.Â
B.Â
SKILLED NURSING FACILITY
STORAGE
A.Â
B.Â
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
THEN-EXISTING
TRAILER
TRAVEL TRAILER OR RECREATION VEHICLE
TRAILER
TRAILER CAMP
TRUCK GARDEN
USE
USE, ACCESSORY
USE, NON-CONFORMING
USE, PERMITTED
USE, PRINCIPAL
USE, SPECIAL
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The following words
and terms, wherever they occur in this Chapter, shall be construed
as herein defined.
A place where livestock are killed and prepared for distribution
to butcher shops and food markets.
[Ord. No. 3616, 11-21-2022]
Adjoining or bordering.
The right to cross between public and private property allowing
pedestrians and vehicles to enter and leave property.
A smaller, independent residential dwelling unit located
on the same lot as a stand-alone (i.e., detached) single-family home.
ADUs can be converted portions of existing homes (i.e., internal ADUs),
additions to new or existing homes (i.e., attached ADUs), or new stand-alone
accessory structures (i.e., detached ADUs). The unit shall contain
a separate entrance, kitchen, sleeping area, and a full bathroom.
[Ord. No. 3602, 9-19-2022]
A structure detached from the principal building located
on the same lot and customarily incidental and subordinate to the
principal building or use.
[Ord. No. 3616, 11-21-2022]
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Cass County. The raising and feeding
of livestock and poultry shall be considered agriculture if the area
in which the livestock or poultry is kept is a part of an ownership
of not less than ten (10) acres, the primary use of which is row crops
and grazing. Agriculture uses shall not include the following:
Stockyards, sale of machinery, feed lots, grain elevators and
similar commercial operations.
The operation or maintenance of greenhouses, nurseries or hydroponic
farms operated as retail.
Wholesale or retail sales as an accessory use unless the same
are permitted by these regulations.
The operation or maintenance of a commercial feed lot.
Dwellings, garages and other similar accessory buildings.
Any contrivance now known or hereafter invented for use in
or designed for navigation of or flight in air.
Any premises which are used or intended for use for the landing
and takeoff of aircraft; and any appurtenant areas which are used
or intended for use for airport buildings or other airport structures
or right-of-way, together with all airport taxiways, tie down areas,
buildings and structures located thereon, including all customarily
accessory buildings and open spaces.
A dedicated public right-of-way with a width not exceeding
twenty-four (24) feet which provides a secondary means of access to
and from streets and lots which is not intended for general traffic
circulation.
Any addition, removal, extension or change or rearrangement
in the location of any exterior wall of an existing building or structure.
Enlargement, whether by extending a side, increasing in height or
the moving from one location or position to another shall be considered
as an alteration.
A change or alteration to this Zoning Ordinance in one (1)
of the following forms:
Any building or portion thereof designed or used for the
care, observation or treatment of domestic animals by a doctor of
veterinary medicine. This use does not include dog kennels.
A room or suite of rooms within an apartment house arranged,
intended or designed as a place of residence for a family.
A building or buildings containing apartments used as a place
of residence for three (3) or more families.
A place where bees are kept; a collection of hives or colonies
of bees kept for their honey. An apiary usually consists of many separate
beehives.
[Ord. No. 3616, 11-21-2022]
The owner or duly designated representative concerning land
for which an amendment or other zoning action has been requested.
Consent shall be required from the legal owner of the premises, if
applicant is other than the owner.
A subordinate or accessory building or structure or portion
of main building, the use of which is incidental and customary to
that of the main building.
Any premises, other than a residential care facility, intermediate
care facility, or skilled nursing facility, that is utilized by its
owner, operator, or manager to provide twenty-four (24) hour care
and services and protective oversight to three (3) or more residents
who are provided with shelter, board, and who may need and are provided
with the following: (a) assistance with any activities of daily living
and any instrumental activities of daily living; (b) storage, distribution,
or administration of medications; and (c) supervision of health care
under the direction of a licensed physician, provided that such services
are consistent with a social model of care. Such term shall not include
a facility where all of the residents are related within the fourth
degree of consanguinity or affinity to the owner, operator, or manager
of the facility.
[Ord. No. 3616, 11-21-2022]
Any building or portion thereof where automobiles are washed
using a conveyor, blower, steam-cleaning equipment or other mechanical
device of production-line nature.
Any area of land where three (3) or more motor vehicles not
in running condition or the parts thereof are stored in the open and
are not being restored to operation or any land, building or structure
used for the stripping, wrecking or storing of such automobiles or
parts thereof and which may include sale of parts of vehicles.
Any building or portion thereof or premises used for dispensing
or offering for sale at retail any automotive fuels or oils, having
pumps and storage tanks thereon; or where battery, tire and other
similar services are rendered, but only if rendered wholly within
lot lines. When dispensing, sale or offering for sale is incidental
to the conduct of a repair garage, the premises are classified as
a repair garage. Automobile service stations do not include open sales
lots as defined herein.
A place for the keeping of birds for the purpose of racing,
exhibiting, or selling.
[Ord. No. 3616, 11-21-2022]
A portion of a building located partly underground, but having
less than half its clear floor-to-ceiling heights below the average
grade of the adjoining ground.
An owner-occupied detached house, in which the owner resides
and provides lodging and breakfast to registered transient guests
for compensation.
[Ord. No. 3677, 12-4-2023]
A tract of land bounded by streets or by a combination of
one (1) or more streets and public parks, cemeteries, railroad rights-of-way
or shore lines of waterways or corporate boundary lines.
The Harrisonville, Missouri Board of Zoning Adjustment.
A business that repairs physical damage on motor vehicles
that are not owned by the shop or its officers or employees by mending,
straightening, replacing body parts, or painting.
[Ord. No. 3616, 11-21-2022]
Anything constructed for shelter or enclosure of persons,
animals, chattels or movable property of any kind and which is permanently
affixed to the land.
A subordinate building, the use of which is incidental to
that of the principal building and customary in connection with that
use.
A building separated on all sides from the adjacent open
space or from other buildings or structures by a permanent roof and
by exterior walls having only windows and normal entrance or exit
doors or by party walls.
The amount of land covered or permitted to be covered by
buildings or structures. Building coverage is generally measured as
a ratio or a percent of a lot. Porches and decks shall be considered
as part of a building or structure.
Exception: Swimming pools shall be computed
as one-half (½) their area toward the maximum building coverage.
A principal building surrounded by open space on the same
lot.
The vertical distance measured from the established curb
level to the highest point of the underside of the ceiling beams,
in the case of a flat roof; to the deck line of a mansard roof; and
to the mean level of the underside of rafters between the eaves and
the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers,
elevator penthouses, tanks and similar projections shall not be included
in calculating the height.
A non-accessory building in which is conducted the principal
use of the lot on which it is located.
A building arranged, designed, used or intended to be used
for a residential occupancy by one (1) or more families.
A line within a lot or other parcel of land indicating the
limit beyond which a building or structure may not be erected.
Any building not designed to be permanently located, placed
or affixed in the place where it is.
An occupation, employment or enterprise which occupies time,
attention, labor and materials or wherein merchandise is existed or
sold or where services are offered.
An area of land, including supporting sanitary and other
facilities, for the overnight or temporary parking of recreational
vehicles and other modes of camping while traveling by auto.
The portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
A building(s) primarily used for public religious worship
and associated religious functions (education, fellowship, etc.),
including synagogues and temples.
[Ord. No. 3469, 6-17-2019]
An association of persons who are bona fide members, paying
dues and being generally restricted to members and their guests.
The site planning technique of grouping dwelling units around
courts, parking areas, common open spaces and private drives as opposed
to fronting all on a public street.
An article of trade or commerce, especially a product as
distinguished from a service.
[Ord. No. 3616, 11-21-2022]
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, cultivate, process, package,
store on-site or off-site, transport to or from, and sell marijuana,
marijuana seeds, marijuana vegetative cuttings (also known as "clones")
to a medical facility, comprehensive facility, or marijuana testing
facility. A comprehensive marijuana cultivation facility need not
segregate or account for its marijuana products as either non-medical
marijuana or medical marijuana. A comprehensive marijuana cultivation
facility's authority to process marijuana shall include the creation
of prerolls, but shall not include the manufacture of marijuana-infused
products.
[Ord. No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in Section 2, Article XIV, of the Missouri State Constitution to a qualifying patient or primary caregiver, as those terms are defined in Section 1, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of said Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in said Article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, process, package, store, manufacture,
transport to or from a medical facility, comprehensive facility, or
marijuana testing facility, and sell marijuana-infused products, prerolls,
and infused prerolls to a marijuana dispensary facility, a marijuana
testing facility, or another marijuana-infused products manufacturing
facility. A comprehensive marijuana-infused products manufacturing
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana.
[Ord. No. 3625, 2-6-2023]
The duly adopted General Development Plan for Harrisonville,
Missouri, including subsequent amendments.
A building containing two (2) or more dwelling units which
are designed and intended to be separately owned in fee under the
Condominium Statutes of the State of Missouri.
Any jail, prison, detention center, or place where people
are kept when they are waiting to be tried, have been arrested, and/or
are being detained or punished for a crime.
[Ord. No. 3577, 2-22-2022]
A group of small (1- to 1.5-story), detached structures arranged
around a shared court visible from the street. The shared court is
an important community-enhancing element, and unit entrances should
be from the shared court. Multiple cottage houses may be located on
a single lot.
[Ord. No. 3677, 12-4-2023]
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building or by exterior
walls and lot lines on which walls are allowable.
The level of the established curb in front of a building
or structure measured at the center of such front. Where no curb level
has been established, it shall be deemed to be the established level
of the centerline of the street surface in front of a building or
structure measured at the centerline of such front.
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed by the State of Missouri.
[Ord. No. 3469, 6-17-2019]
A building wherein more than eleven (11) children, and not
being of the same family, are kept during portions of the day when
the children's parents are employed or otherwise occupied elsewhere.
A family home occupied by the daycare provider in which family-like
care is given to children, not related to the daycare provider, for
any part of the twenty-four (24) hour day.
A unit of measurement of the intensity (loudness) of sound.
As used in this Chapter, decibel levels shall be measured on the "A
Scale" and referred to as "dB(A)".
The average number of dwelling units per unit of land, expressed
in terms of "per acre".
The owner or any other person, firm or corporation authorized
by the owner, undertaking proceedings under the provisions of these
regulations for the purpose of rezoning or seeking a conditional use
on land.
A right-of-way which affords a means of vehicular access
to or through an area and which is owned and maintained by the owner
of the property it serves.
Any restaurant, financial institution or product vending
enterprise where the patron does not enter and remain within the building
during the transaction of his/her business. Food vending establishments
where the food is not normally consumed within a building or where
facilities are provided for eating outside a building shall be deemed
a drive-in for purposes of this Chapter.
Any premises where three (3) or more dogs are owned, boarded,
bred and/or offered for sale.
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning or storage of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind.
A building or portion thereof intended for occupancy for
residential purposes but not including hotels, motels, rooming houses,
nursing homes, tourist homes or trailers.
One (1) or more rooms constituting all or part of a dwelling
and which are arranged, designed, used or intended for use exclusively
as a single housekeeping unit for one (1) family and which include
cooking, living, sanitation and sleeping facilities.
A dwelling located above the first floor of a non-residential
use such as a store, restaurant, or office.
[Ord. No. 3677, 12-4-2023]
A dwelling or portion thereof containing three (3) or more
dwelling units.
A dwelling on a separate lot with open space setbacks on
three sides.
[Ord. No. 3677, 12-4-2023]
A dwelling containing one (1) dwelling unit.
A townhouse is an attached house building containing three
(3) or more dwelling units, divided by a vertical plane.
[Ord. No. 3677, 12-4-2023]
A dwelling containing two (2) dwelling units.
A building located on a lot in such a manner that one (1)
or more of the dwelling's sides rests on a lot line.
[Ord. No. 3677, 12-4-2023]
An interest in land that is held by the public, a corporation
or persons other than the owner that entitles the holder to a specific
limited use or right. Ownership of said strip of land shall remain
with the property owner.
A private, non-profit organization which is not organized
or operated for the purpose of carrying on a trade or business, no
part of the net earnings of which inures to the benefit of any member
or such organization or individual, and which either: (a) provides
volunteer aid to the sick and wounded of armies in time of war and
national relief in case of great national calamities, or (b) provides
all or any of the following: religious, social, physical, recreational
and benevolent services.
[Ord. No. 3616, 11-21-2022]
A facility that is used primarily for the purpose of leasing
or renting for private functions on a temporary basis, such as meetings,
banquets, weddings, anniversaries and similar celebrations.
[Ord. No. 3677, 12-4-2023]
An exception from the zoning regulations granted by the Board
of Zoning Adjustment, but only in those instances where the Board
is specifically authorized to grant such exceptions and only under
the terms of such regulations.
A factory-built structure designed for long-term residential
use. For the purposes of these regulations, factory-built dwellings
consist of three (3) types: modular homes, mobile homes and manufactured
homes.
One (1) or more persons each related to the other by blood,
marriage or legal adoption or group of not more than four (4) persons
not so related and maintaining a common household and using one (1)
set of kitchen facilities in a dwelling unit. A family may include
not more than two (2) roomers, boarders or permanent guests not a
part of a common households, whether or not gratuitous.
A fence, including solid entrance and exit gates, which effectively
conceals from viewers in or on adjoining properties, streets, alleys
or public ways, materials stored and operations conducted behind it.
Establishments such as banks, credit agencies, investment
companies, brokers of and dealers in securities and commodities, security
and commodity exchanges, insurance agents, and related uses.
[Ord. No. 3616, 11-21-2022]
Land which is subject to inundation of water as a result
of what is commonly known as the 100-year flood or land that has at
least a one percent (1%) chance of flooding in any given year. Floodplain
boundaries in the are shown on the Federal Insurance Administration's
"Flood Hazard Boundary Maps" for Harrisonville, Missouri.
The sum of the gross horizontal areas of the several floors
measured in square feet, including the basement floor, but not including
the cellar floor of the building, measured from the exterior faces
of the exterior walls or from the centerline of walls separating two
(2) buildings. The floor area of a building shall also include elevator
shafts and stairwells at each floor; floor space used for mechanical
equipment; penthouse; attic space having headroom of seven (7) feet
ten (10) inches or more; interior balconies and mezzanines; enclosed
porches; and floor devoted to accessory uses, provided that any space
devoted to off-street parking or loading shall not be included in
floor area.
The total floor area of the building, expressed in square
feet, measured from the exterior surface of outside walls and including
mezzanines, upper floors, whether finished or not, from which is subtracted
the floor area of washrooms, elevator shafts, stairways, mechanical
rooms and any permanent shopping center malls.
The numerical value obtained through dividing the floor area
of a building or buildings by the area of the lot on which such building
or buildings are located.
A foundation built in accordance with plans prepared by a
registered engineer providing for vertical loads, uplift and lateral
forces in compliance with the City of Harrisonville Building Code.
The foundation must either be a slab or contain a solid perimeter
wall in all installations in which the finished floor is more than
six (6) inches above finished grade at any point. The phrase "without
a permanent foundation", when used in this Zoning Ordinance, indicates
that the support system for the manufactured home, modular home or
mobile home is constructed with the intent that the manufactured home,
modular home or mobile home placed thereon may be moved from time
to time at the convenience of the owner.
A building or premises where trucks load and unload cargo
and freight and where the cargo and freight may be broken down or
aggregated into smaller or larger loads for transfer to other vehicles
or modes of transportation.
[Ord. No. 3616, 11-21-2022]
The part or side of any building or structure facing the
street or frontage road which is used as the basis for establishing
the permanent address for the building or structure.
That part of a lot or tract of land which borders along any
given access to a public street or public right-of-way. Such public
street or right-of-way shall not include any alley or access to the
rear of such lot or tract.
A public or private roadway, generally paralleling and contiguous
to a street or highway, which provides access to abutting properties
and which is designed to promote safety by eliminating unlimited ingress
and egress to such street or highway by providing points of access
at generally uniform spaced intervals.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
[Ord. No. 3616, 11-21-2022]
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for and used for
storing the private passenger vehicles of the persons, family or families
using the premises.
A building or premise used for housing of motor vehicles
pursuant to previous arrangements and for duration greater than three
(3) days.
An apartment building located on a lot, either singly or
together with other similar apartment buildings, generally having
a low density of population and having substantial landscaped open
space adjacent to the dwelling units.
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal, rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.
[Ord. No. 3638, 3-20-2023]
A building or structure whose roof and sides are made largely
of glass or other transparent or translucent material and in which
the temperature and humidity can be regulated for the cultivation
or fragile or out-of-season plants for subsequent sale or for personal
enjoyment.
[Ord. No. 3616, 11-21-2022]
The lot area covered by a building measured from the exterior
faces of exterior walls, but excluding open terraces or open porches,
garages or carports.
A residential facility of five (5) or more persons, eighteen
(18) years of age or older, who have been institutionalized for various
reasons and released or who have had physical or social disabilities
which make operation in society difficult and require the protection
of a group setting to facilitate the transition to becoming a functional
member of society.
A residential facility for five (5) or more persons under
eighteen (18) years of age who, for various reasons, cannot reside
in their natural home and where twenty-four (24) hour adult care,
supervision and consultation shall exist.
A person who occupies or has the right to occupy a residence
or dwelling accommodation for a period of thirty (30) days or more.
The vertical distance from the average ground level at the
base of the structure to the highest part thereof.
A controlled, aerobic (oxygen-required) process that converts
organic materials (such as food scraps and yard wastes - Leaves and
grass clippings) into a nutrient-rich soil amendment or mulch through
natural decomposition. Home composting typically takes the form of
a small compost bin or vermicomposting (worm composting) within a
bin designed for such.
[Ord. No. 3677, 12-4-2023]
Any gainful occupation or profession conducted in a dwelling
by a member of the immediate family residing on the premises.
A building containing lodging rooms, a common entrance and
lobby, halls and stairways and lodging rooms that do not have doorway
openings directly to the outdoors except for emergencies; and where
more than fifty percent (50%) of the lodging rooms are for rent, with
or without meals, to transient guests a continuous period of less
than thirty (30) days.
A hotel, except more than fifty percent (50%) of the lodging
rooms are available for permanent guests.
A non-profit, religious, or public use, such as a religious
building, library, public or private school, hospital, or government-owned
or -operated building, structure, or land use for public purpose.
[Ord. No. 3616, 11-21-2022]
Any premises, other than a residential care facility, assisted-living
facility, or skilled nursing facility, that is utilized by its owner,
operator, or manager to provide twenty-four (24) hour accommodation,
board, personal care, and basic health and nursing care services under
the daily supervision of a licensed nurse and under the direction
of a licensed physician to three (3) or more residents dependent for
care and supervision and who are not related within the fourth degree
of consanguinity or affinity to the owner, operator or manager of
the facility.
[Ord. No. 3616, 11-21-2022]
A large, standardized shipping container designed and built
for intermodal freight transport. Such containers are designed for
different modes of transport from ship to rail and to truck without
unloading and reloading their cargo. Intermodal containers are primarily
used to store and transport materials and products efficiently and
securely in the global containerized intermodal freight transportation
system.
[Ord. No. 3627, 2-21-2023]
An open area where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled
including, but not limited to, scrap iron and other metals, paper,
rags, rubber tires and bottles. A junk yard includes an auto wrecking
yard, but does not include uses carried on entirely within enclosed
buildings, nor does it include an establishment engaged only in the
processing of scrap metal to be sold for the manufacture of steel.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
The bringing of the soil surface to a smooth finished grade,
installing sufficient trees, shrubs, ground cover and grass to soften
building lines, provide shade and generally produce a pleasing visual
effect of the premises.
A room rented as sleeping and living quarters, but without
cooking facilities, and with or without an individual bathroom. In
a suite of rooms, each room shall be counted as one (1) lodging room.
A parcel of land occupied by, or intended for occupancy by,
one (1) principal building, unified groups of buildings or principal
use and having access to a public street. A lot may be one (1) or
more platted lots or tract of tracts as conveyed or parts thereof.
The area of a horizontal plane boarded by the vertical planes
through front, side and rear lot lines.
A lot situated at the intersection of two (2) streets.
The average horizontal distance between the front lot line
and the rear lot line of a lot measured within the lot boundaries.
The boundary lines of any lot.
That boundary line between a lot and the street on which
it fronts.
That boundary of a lot which is opposite and most distant
from and is or is approximately parallel to the front lot line. If
the rear lot line is less than ten (10) feet in length or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line ten (10) feet in length within the lot, parallel to and at
the maximum distance from the front lot line.
Any boundary of a lot which is not a front or rear lot line.
A lot which is a part of a subdivision plat which has been
recorded in the office of the Cass County Recorder of Deeds or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Cass County Recorder of Deeds.
A corner lot where the side lot line adjoining a street is
substantially a continuation of the front lot line of the first (1st)
lot to its rear.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lot lines, measured
at the front building line.
All platted lots in a subdivision which are still owned by
the original developer or his/her successor shall be considered as
lots held in separate ownership.
A structure, transportable in one (1) or more sections, which
in the traveling mode is eight (8) body feet or more in width and
forty (40) body feet or more in length, or when erected on a chassis
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities. The manufactured
home includes the plumbing, heating, air-conditioning and electrical
systems. The manufactured home is constructed in conformance with
the Federal Manufactured Housing Construction and Safety Standards,
as evidenced by an affixed certification label. For the purposes of
these regulations, a mobile home is not a manufactured home.
A parcel of land in a manufactured home park.
Any plot of ground upon which two (2) or more mobile homes
and/or manufactured homes and/or modular homes, occupied as a dwelling
and residence, are located, regardless of whether or not a charge
is made for such accommodation. A manufactured home park has a system
of utilities including water supply, sanitary sewers, power and telephone.
A manufactured home placed upon a permanent foundation.
A plot of ground within a manufactured home park designed
for the accommodation of one (1) mobile home or one (1) manufactured
home or modular home.
A manufactured home not placed upon a permanent foundation.
A medical marijuana facility or a comprehensive facility as that term is defined by Section 2, Article XIV, of the Missouri State Constitution.
[Ord. No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services as a microbusiness dispensary facility
or microbusiness wholesale facility.
[Ord. No. 3625, 2-6-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the marijuana plant and marijuana-infused
products. Marijuana does not include industrial hemp, as defined by
Missouri Statute, or commodities or products manufactured from industrial
hemp.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility certified by the State of Missouri Department
of Health and Senior Services to acquire, test, certify, and transport
marijuana, including those originally licensed as a medical marijuana
testing facility.
[Ord. No. 3625, 2-6-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, cultivate, process, package,
store on-site or off-site, transport to or from, and sell marijuana,
marijuana seeds, marijuana vegetative cuttings (also known as "clones")
to a medical marijuana dispensary facility, medical marijuana testing
facility, medical marijuana cultivation facility, or a medical marijuana-infused
products manufacturing facility. A medical marijuana cultivation facility's
authority to process marijuana shall include the production and sale
of prerolls, but shall not include the manufacture of marijuana-infused
products.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, process, package, store on-site
or off-site, sell, transport to or from, and deliver marijuana, marijuana
seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused
products, and drug paraphernalia used to administer marijuana to a
qualifying patient, a primary caregiver, anywhere on the licensed
property or to any address as directed by the patient or primary caregiver,
so long as the address is a location allowing for the legal possession
of marijuana, another licensed dispensary facility, a licensed testing
facility, a medical marijuana cultivation facility, or a licensed
manufacturing facility. Dispensary facilities may receive transaction
orders at the dispensary in person, by phone, or via the internet,
including from a third party. A medical marijuana dispensary facility's
authority to process marijuana shall include the production and sale
of prerolls, but shall not include the manufacture of marijuana-infused
products.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, process, package, store on-site
or off-site, manufacture, transport to or from, and sell marijuana-infused
products to a medical marijuana dispensary facility, a marijuana testing
facility, a medical marijuana cultivation facility, or to another
medical marijuana-infused products manufacturing facility.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 3469, 6-17-2019]
A "medical marijuana cultivation facility," a "medical marijuana dispensary facility," a "medical marijuana-infused products manufacturing facility," and a "marijuana testing facility" as defined in Section 405.030.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on-site and off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a consumer, qualifying patient, as that term is used in Section 1 of Article XIV of the Missouri State Constitution, or primary caregiver, as defined in said Section 1 of Article XIV of the Missouri State Constitution, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of said Article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 3625, 2-6-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services to acquire, cultivate, process, package,
store on-site or off-site, manufacture, transport to or from, deliver,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), and marijuana-infused products to a microbusiness
dispensary facility, other microbusiness wholesale facility, or marijuana
testing facility. A microbusiness wholesale facility may cultivate
up to two hundred fifty (250) flowering marijuana plants at any given
time. A microbusiness wholesale facility's authority to process marijuana
shall include the creation of prerolls and infused prerolls.
[Ord. No. 3625, 2-6-2023]
A structure or group of structures containing separate storage
areas of varying sizes leased or rented on an individual basis for
small article storage.
[Ord. No. 3530, 2-1-2021]
A structure, transportable in one (1) or more sections, which
has a body width of eight (8) feet or more and a body length of thirty-six
(36) feet or more and which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation,
when connected to the required utilities and includes the plumbing,
heating and air-conditioning and electrical systems contained therein.
The definition "mobile home" does not include any structure which
is subject to the Federal Manufactured Housing Construction and Standards.
A mobile home placed on a permanent foundation.
A mobile home not placed on a permanent foundation.
A home constructed by joining together two (2) or more factory-built
three-dimensional sections called modules. The modules are accepted
by the U.S. Department of Housing and Urban Development and issued
a Structural Engineering Bulletin which indicates it complies with
the major national building codes. The modules are shipped to the
construction site by trailer where they are lowered by crane or by
other means onto a prepared foundation and then mated, which involves
joining electrical, heating and plumbing systems connecting the utilities
and matching up the trim work where the sections abut.
A place for the storage of human bodies prior to their burial
or cremation.
[Ord. No. 3616, 11-21-2022]
A building containing lodging rooms having adjoining individual
bathrooms and used primarily by transient guests traveling by automobile.
A building or premises in which freight is received or dispatched
by motor vehicle.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys or other public
ways.
Barns or caves utilized for the purpose of farming, or growing,
mushrooms.
[Ord. No. 3677, 12-4-2023]
A sign indicating the name and address of a building or the
name of an occupant thereof and/or the practice of a permitted occupation
therein.
Any river, pond, canal, railroad, levee, embankment, fence
or hedge.
An unimproved lot which does not comply with the lot size
requirements for any permitted use in the zoning district in which
it is located.
Any land occupied by a use at the time of the effective date
of this Zoning Ordinance which does not conform with the provisions
of the same.
Material which is capable of causing injury or physical discomfort
to living organisms by chemical reaction or is capable of causing
detrimental effects upon the health or the psychological, social or
economic well-being of human beings.
Land or structures used to raise flowers, shrubs, trees and
other plant material for retail or wholesale sale.
[Ord. No. 3616, 11-21-2022]
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, shrubs, and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products, to the general
public.
[Ord. No. 3616, 11-21-2022]
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, and shrubs to landscapers, developers, builders, and
retail nurseries.
[Ord. No. 3616, 11-21-2022]
A residential establishment for the care of persons requiring
a moderate level of health care.
The use of any building or premises primarily for conducting
the affairs of a business, profession, service, industry, or government,
and generally furnished with desks, tables, files, and communication
equipment.
[Ord. No. 3616, 11-21-2022]
An office used primarily for the administrative or legal
affairs of a company.
[Ord. No. 3616, 11-21-2022]
An office occupied and maintained for the provision of services
by a physician, surgeon, dentist, or optometrist. A medical office
shall not include medical marijuana facilities.
[Ord. No. 3616, 11-21-2022]
A smaller scale, standardized shipping container designed
and built for transport. On-site temporary storage units are used
for storage of personal belongings and transportation from one site
to another.
[Ord. No. 3627, 2-21-2023]
Any land used or occupied for the purposes of displaying,
buying or selling merchandise, passenger cars, trucks, motor scooters,
motorcycles, boats and monuments or for the storing of same prior
to sale.
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. 3616, 11-21-2022]
The keeping in an unroofed, open area of any goods, junk,
material, merchandise or vehicles in the same place for more than
twenty-four (24) hours.
[Ord. No. 3616, 11-21-2022]
A zoning district that is described in the Zoning Ordinance
text, mapped and imposed in addition to those in the underlying zoning
district. Developments within the overlay zoning district must conform
to the requirements of both zoning districts.
Those persons, firms, trusts, partnerships, associations
or corporations whose names appear as "owners" of record in the office
of the Cass County Recorder of Deeds.
Any area for the purpose of storing one (1) parked motor
vehicle.
Material which is suspended in or discharged into the atmosphere
in finely divided form as a liquid or solid at atmospheric temperature
and pressure.
A wall which is common to but divides contiguous buildings;
such a wall contains no openings and extends from its footing below
the finished ground grade to the height of the exterior surface of
the roof.
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards or glare, heat or other
effects generated by or inherent in uses of land or buildings.
A use by right which is specifically authorized in a particular
zoning district.
A group of picnic tables located within a grove of trees.
[Ord. No. 3616, 11-21-2022]
A plan that sets forth the basic concepts for development
of a tract of land. This plan can be of a general or outline nature
and need not propose precise locations of buildings and facilities.
A plan showing the definite proposed location of buildings,
facilities, landscaping and uses upon a tract of land. This plan may
or may not be required by the Planning and Zoning Commission, at its
discretion.
The zoning designation of a lot or tract to permit that development
as is specifically depicted on plans approved in the process of zoning
that lot or tract.
The duly appointed advisory board having duties and jurisdiction
in the City of Harrisonville as set out in Missouri Statutes and local
ordinances and which board may be referred to herein as "Planning
Commission" or "Commission".
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
City and the applicant.
[Ord. No. 3638, 3-20-2023]
An accurately scaled development site plan that illustrates
the existing conditions on a parcel of land as well as depicting details
of a proposed development, including topographic characteristics;
the location and dimensions of buildings, yards, courts, landscaping,
pedestrian and vehicular circulation and parking, fences and screening.
[Ord. No. 3638, 3-20-2023]
A consumable or smokable marijuana product, generally consisting
of: 1) a wrap or paper, and 2) dried flower, buds, and/or plant material.
Prerolls may or may not include a filter or crutch at the base of
the product.
[Ord. No. 3625, 2-6-2023]
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety, and welfare.
[Ord. No. 3616, 11-21-2022]
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, and public transit, to the
public.
[Ord. No. 3616, 11-21-2022]
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 3469, 6-17-2019]
All waste products resulting from human habitation or the
conduct of business or industry, except sewage.
Any premises, other than a residential care facility, intermediate
care facility or skilled nursing facility, which is utilized by its
owner, operator or manager to provide twenty-four (24) hour care to
three (3) or more residents, who are not related within the fourth
degree of consanguinity or affinity to the owner, operator or manager
of the facility and need or are provided with shelter, board and with
protective oversight, which may include storage and distribution of
administration of medications and care during short-term illness or
recuperation.
The display and sale of products and services, primarily
outside of a building or structure, including vehicles; garden supplies,
flowers, shrubs, and other plant materials; gas, tires, and motor
oil; food and beverages; boats and aircraft; farm equipment; motor
homes; burial monuments; building and landscape materials; and lumberyards.
[Ord. No. 3616, 11-21-2022]
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places; hotels and motels; finance,
real estate, and insurance offices; personal services; theatres; amusement
and recreation services; health, educational, and social services;
museums; and galleries.
[Ord. No. 3616, 11-21-2022]
An establishment where horses are boarded and cared for and
where instruction in riding, jumping, and showing is offered and where
horses may be hired for riding.
[Ord. No. 3616, 11-21-2022]
A building or portion thereof containing lodging rooms which
accommodate persons who are not members of the keeper's family and
where lodging rooms or meals, or both, are provided for compensation.
An area of land, with or without building, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as waste paper, rags
or scrap material; or used building materials, house furnishings,
machinery, motor vehicles or parts thereof with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 3469, 6-17-2019]
A structure erected or vegetation planted as a screen designed
to conceal materials and operations conducted behind it.
The rental of either a room within a dwelling unit or the
entire dwelling unit for a period of less than one (1) month.
[Ord. No. 3677, 12-4-2023]
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device or representation used
or which is in the nature of an advertisement or announcement which
directs attention to an object, product, place, activity, person,
institution, organization or business, but shall not include any display
of governmental notice or governmental, religious or fraternal flag.
A tree in fair or better condition that has been determined
to be of a high value by a knowledgeable person because of its species,
size, age or other professional criteria.
[Ord. No. 3669, 10-16-2023]
Hardwood trees such as oaks and hickories that are of a 12-inch
caliper or more and soft-wood trees such as pines and cedars, which
are sixteen (16) feet in height or more, and small hardwoods such
as dogwoods, redbuds or sourwoods with calipers of six (6) inches
or more shall be considered significant trees due to size.
Any premises, other than a residential care facility, assisted-living
facility, or intermediate care facility, which is utilized by its
owner, operator, or manager to provide twenty-four (24) hour accommodation,
board and skilled nursing care and treatment services to at least
three (3) residents who are not related within the fourth degree of
consanguinity or affinity to the owner, operator, or manager of the
facility. Skilled nursing care and treatment services are those services
commonly performed by or under the supervision of a registered professional
nurse for individuals requiring twenty-four (24) hour care by a licensed
nursing personnel, including acts of observation, care and counsel
of the aged, ill, injured or infirm, the administration of medications
and treatments as prescribed by a licensed physician or dentist, and
other nursing functions requiring substantial specialized judgment
and skill.
[Ord. No. 3616, 11-21-2022]
The word storage, stored or store, when used in this Chapter,
shall mean the keeping of materials, equipment or products of the
following nature:
In residential districts the keeping of building materials,
industrial equipment, semi-trailer trucks, recreational vehicles and
equipment and similar items for a period of time longer than would
normally be involved in the day to day use of consumption of the same.
The keeping of motor passenger cars, pickup trucks and similar vehicles
used for daily transportation by occupants of the premises; recreational
equipment and vehicles which are used one (1) or more times per month
for recreation purposes during the period of keeping on the premises;
and construction materials and equipment which are being used on construction
on the premises shall not be considered storage.
In commercial and industrial district the keeping of merchandise,
raw materials, products or equipment which are a necessary part of
the sales, manufacturing or other activity on the premises.
That portion of a building included between the surface of
any floor and the floor or the ceiling next above. A basement shall
be counted as a story and a cellar shall not be counted as a story.
A space under a sloping roof which has the line of intersection
of roof decking and will not be 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 completed for principal or accessory use.
A right-of-way dedicated to public use, which affords a primary
means of vehicular and pedestrian access to abutting property.
The dividing line between the street right-of-way and the
abutting property.
Any change, other than incidental repairs, in the supporting
members of a building or structure such as bearing walls or partitions,
columns, beams or girders.
Anything erected, the use of which requires more or less
permanent location on the ground or attached to something having permanent
location on the ground.
Any school, child daycare center, or church with a written
building permit from the City to be constructed, or under construction,
or completed and in use at the time the marijuana dispensary first
applies for either zoning or a building permit, whichever comes first.
[Ord. No. 3469, 6-17-2019; Ord.
No. 3625, 2-6-2023]
A vehicle, other than a mobile home, equipped with wheels
and normally towed over the road behind a motor vehicle.
A portable structure mounted on wheels or on a motorized
chassis, including converted buses, and which is normally used as
sleeping quarters and shelter while traveling but not as a dwelling.
Includes a separate vehicle not driven or propelled by its
own power, drawn by some independent power. For purposes of these
regulations, the term "trailer" shall not include
mobile, manufactured or modular homes.
Any piece, parcel, tract or plot of ground which provides
space for transient occupancy and is used or intended to be used for
the parking of one (1) or more camping trailers. The term "trailer camp" does not include sales lots on which unoccupied
camping trailers, whether new or used, are parked for the purposes
of storage, inspection or sale.
A small farm, grown from the back of a truck, where vegetables
are raised for market.
[Ord. No. 3616, 11-21-2022]
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained.
A subordinate use which is clearly and customarily incidental
to the principal use of a building or premises and which is located
on the same lot as the principal building or use.
Any use of a building or premises which on the effective
date of this Chapter does not, even though lawfully established, comply
with all of the applicable use regulations as set forth herein for
the zoning district in which such building or premise is located.
Any building, structure or use which, on the effective date
of this Chapter, complies with the applicable regulations governing
permitted uses of the zoning district in which such building, structure
or use is located.
The main use of land or building as distinguished from a
subordinate or accessory use.
A use of any building, structure or parcel of land by the
Board of Aldermen that, by its nature, is perceived to require special
care and attention in siting so as to assure compatibility with surrounding
properties and uses. Special uses may have special conditions and
safeguards attached to assure that the public interest is served.
A variation or relief from a specific requirement in this
Chapter as applied to a specific property and as approved by the Board
of Zoning Adjustment.
An open space on a lot which is generally unoccupied and
unobstructed from ground level to the sky, except as otherwise permitted
in this Chapter. A yard extends along a lot line and at right angles
to such line to a depth or width specified in the yard regulations
for the district in which such lot is located.
A yard across the full width of the lot and extending back
from the front lot line to the front line of the main building.
The portion of the yard on the same lot with the principal
building and located between the rear line of the building and the
rear lot line and extending for the full width of the lot, provided
that in those locations where an alley or a railroad lead track right-of-way
is platted in the rear of the lots, one-half (½) of the width
of the platted alley or such right-of-way may be included in the rear
yard requirements.
A yard extending along a side lot line between the front
and rear yards.
[Ord. No. 1825, 5-13-1991]
A.Â
Interpretation.
1.Â
In their interpretations and application, the provisions of this
Chapter shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and welfare of the citizens of
Harrisonville.
2.Â
Where the conditions imposed by any provision of this Chapter upon
the:
a.Â
Use of land or buildings,
b.Â
The bulk of buildings,
c.Â
Floor area requirements,
d.Â
Lot area requirements, and
e.Â
Yard requirements are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
Chapter or of any other law, ordinance, resolution, rule or regulation
of any kind, the regulations which are more restrictive or which impose
higher standards or requirements shall govern.
3.Â
This Chapter is not intended to abrogate any easement, covenant or
other private agreement; provided that where the regulations of this
Chapter are more restrictive or impose higher standards or requirements
than such easements, covenants or other private agreements, the requirements
of this Chapter shall govern.
4.Â
No building, structure or use not lawfully existing at the time of
the adoption of this Chapter shall become or be made lawful solely
by reason of the adoption of this Chapter; and to the extent that
and in any manner that said unlawful building, structure or use is
in conflict with the requirements of this Chapter, said building,
structure or use remains unlawful hereunder.
B.Â
Separability. It is hereby declared to be the intention
of the Board of Aldermen of the City of Harrisonville, Missouri, that
the several provisions of this Chapter are separable in accordance
with the following:
1.Â
If any court of competent jurisdiction shall adjudge any provisions
of this Chapter to be invalid, such judgment shall not affect any
other provision of this Chapter not specifically included in said
judgment.
2.Â
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this Chapter to a particular property,
building or other structure, such judgment shall not affect the application
of said provision to any other property, building or structure not
specifically included in said judgment.
C.Â
Building On Lot. In every zoning district, every structure
hereafter erected or structurally altered shall be located on a lot
and there shall not be more than one (1) principal building on one
(1) lot except as may be approved in the planned zoning process.
D.Â
Allowable Use Of Land Or Buildings. The following uses of
land or buildings are allowed in the districts indicated on the Zoning
District Map and under the conditions specified in this Chapter:
E.Â
Prohibited Use Of Land Or Buildings. No building or tract of land shall be devoted to any use other than one which is specified as a permitted use, accessory use or an approved special use in Articles IV through XVIII inclusive. However, where a building permit for a building or structure has been issued in accordance with previous zoning regulations or where plans for a building or structure were substantially underway on the date of the adoption of this Chapter, a period of transition is provided. (See Section 405.605, Period of Transition.)
F.Â
Control Over Use. No building or premises shall hereafter
be used or occupied and no building or structure or part thereof shall
be erected, moved, reconstructed, extended, enlarged or altered, except
in conformity with the regulations herein specified for the district
in which it is located.
G.Â
Special Uses. To provide for the location of certain uses
hereinafter specified which are deemed desirable for the public welfare
within a given district or districts, but which have characteristics
which are unusual and which prevent their inclusion as permitted uses
in the standard zoning districts contained herein, a classification
of special uses in hereby established.