[Ord. No. 1007 §16-201, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.010), 9-24-2003]
A. 
Chapters 405 through 450 of this Title shall be known and may be cited as the Mission City Zoning Regulations. Zoning Ordinance No. 1007 was prepared and adopted on January 24, 2001, repealing former zoning ordinances. Not less than three (3) copies of this codified publication will be marked "Official Copy"; and the City Clerk will keep on file at the City Hall one (1) copy opened to inspection and available to the public at all hours that the City Hall is open for business. Copies will be reproduced and made available to all departments for City use. Interested parties may purchase a copy for the sum of ten dollars ($10.00).
B. 
Purpose. Ordinance No. 1007 regulates and restricts the use of land and the location of buildings designed for specified uses; which regulates and restricts the location of trades and industries; which regulates and limits the height and bulk of structures hereafter erected or altered; which regulates and determines minimum ground floor area; which regulates and determines the area of yards and other open spaces; which regulates and limits the density of population; which divides the City of Mission, Kansas, into districts and establishes by reference to a map the boundaries of said districts for said purpose; which regulates and controls plats; which provides for a comprehensive road and trafficway system; which provides for amendments; which provides for enforcement and prescribes penalties for violation.
[Ord. No. 1007 §16-202, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.020), 9-24-2003; Ord. No. 1124 §1, 8-25-2004; Ord. No. 1260 §1, 5-21-2008]
A. 
General. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory; the term "used for" includes the meaning "designed for" or "intended for".
B. 
Specific Definitions. For the purpose of this Title, the following words and terms, as used in this Title, are defined as follows:
100-YEAR FREQUENCY FLOOD
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland water that has a one percent (1%) chance of occurrence each year.
ACCESSORY BUILDING
A subordinate building having a use customarily incident to and located on the lot occupied by the main building or use customarily incident to the main use of the property.
ACCESSORY USE
A use of building or land which is customarily incident to and located on the same lot or premises as the main use of the premises.
ALLEY
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ALTERATION
Any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.
APARTMENT
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.
APARTMENT HOTEL
An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSE
A building arranged, intended or designed for more than two (2) families.
APPEAL
A request for a review of a member of the City's staff's interpretation of any provision of this Title or determination regarding an administrative approval. Appeal may also refer to any situation where an applicant seeks to review a decision of any administrative body of the City to a separate administrative body which, under the terms of this Title, has the power to hear such requests for reviews.
BLOCK
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 Building Engineer shall determine the outline of the block.
BOARDING HOUSE OR LODGING HOUSE
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.
CAMPGROUND
That area of land available for the overnight or temporary parking of recreational vehicles which is in compliance with the zoning and other ordinances of the City.
CARPORT
A roofed, wall-less shed, usually projecting from the side of a building, used as a shelter for an automobile.
CLUB, PRIVATE
A building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
CLUSTER HOUSING
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.
CONDOMINIUM
A type of ownership of premises whereby a defined and described space is owned in fee and certain other portions of the property are owned in common with others. Residential or non-residential real estate may be included.
CONDOMINIUM, DWELLING HOUSE
A building containing dwelling units, which dwelling units are separated by a party wall and which dwelling units are designed and intended to be separately owned in fee under the condominium Statutes of the State of Kansas.
CONGREGATE HOUSING
A type of living whereby adults fifty-five (55) years of age and over reside in separate sleeping quarters but utilize common dining and recreational facilities.
COURT
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.
CURB LEVEL
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.
DETACHED
A building shall not have a wall, roof or other structural member in common with or in contact with another building.
DEVELOPMENT
Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISCOUNT STORES
Stores over fifty thousand (50,000) square feet with off-street parking that usually offer a variety of customer services, centralized cashing and/or a wide range of products. Less than five percent (5%) of the total sales floor area may be devoted to the sale of groceries. Discount stores usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking area.
DISCOUNT SUPERSTORE
Superstore that is similar to a discount store with the exception that they may also contain a full service grocery department under the same roof that shares entrances and exits with the discount store area. Such retail stores exceed one hundred thousand (100,000) square feet of gross floor area and devote at least five percent (5%) of the total sales floor area to the sale of groceries. Discount stores usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking area.
DRIVE
A right-of-way which affords principal means of vehicular access to or through a residential area, commercial center, mobile home or trailer park and which is owned and maintained by the owner or operator of the complex, center or park.
DRIVE-IN ESTABLISHMENT
Any restaurant, financial institution or product vending enterprise where the patron does not enter and remain within a 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 are included in this definition.
DWELLING
A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and town houses, but not hotels.
DWELLING, MULTIPLE
A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families commonly referred to as a triplex, fourplex or apartment building or town house.
DWELLING, ONE-FAMILY
A building arranged, intended or designed for occupancy by one (1) family.
DWELLING, TWO-FAMILY OR DUPLEX
A building arranged, intended or designed for occupancy by two (2) families.
FAMILY
Any of the following:
1. 
A group of not more than three (3) related or unrelated persons of any age living together by joint agreement and occupying a single housekeeping unit with common kitchen facilities or a mixed group of related and non-related persons of any age who together constitute no more than a cumulative total of three (3) persons living together by joint agreement and occupying a single housekeeping unit with common kitchen facilities.
2. 
A group of any size and age consisting entirely of an immediate family. For the purpose of this Section an "immediate family" shall be a group consisting of only a spouse, parent, child, grandchild, grandparent, brother or sister, all related by marriage or consanguinity and all of who can provide documentation of such relationship within a reasonable time upon request by the appropriate enforcement officers of the City. Ten (10) calendar days shall constitute a reasonable period of time unless the occupants can establish the necessity of an extension of time to obtain such documentation from the authorized sources and any request for an extension of time to the City must be submitted in writing prior to the expiration of the ten (10) day response time and must be accompanied by names, dates and location of the births or marriages sought to be documented.
3. 
A group of not more than seven (7) persons who are eighteen (18) years of age or older who are related by marriage or consanguinity, all living together and occupying a single housekeeping unit with common kitchen facilities and all of who can provide documentation of such relationship within a reasonable time upon request by the appropriate enforcement officers of the City as provided in Subsection (2) above.
In any civil or criminal prosecution for violation of the permitted occupancy of a single-family dwelling as described in Subsections (1), (2) and (3) above, a court may, where appropriate, infer from the evidence presented in that prosecution, including, without being limited to, evidence that more than three (3) persons age eighteen (18) or older are occupying a single-family dwelling, that such occupancy constitutes an occupancy in violation of the Municipal Code.
FLOODPLAIN ZONING DEFINITIONS
1. 
FLOOD: A temporary rise in streams flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel. An unusual and rapid accumulation of runoff or surface waters from any source.
2. 
FLOOD BOUNDARY AND FLOODWAY MAP: An official map of the City issued by the Department of Housing and Urban Development and the Federal Insurance Administration where boundaries of the floodway and floodway fringe have been designated.
3. 
FLOOD ELEVATION DETERMINATIONS: A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a one percent (1%) chance of occurrence in any given year.
4. 
FLOOD INSURANCE RATE MAP (FIRM): The official map prepared by the Department of Housing and Urban Development Federal Insurance Administration for a community delineating where flood insurance may be sold and the risk premium zones applicable to such area.
5. 
FLOOD INSURANCE STUDY (FIS): The official report provided by the Federal Insurance Administration. The report contains flood profiles and water surface elevations for various flood frequencies as well as the boundaries and water surface elevations of the 100-year flood.
6. 
FLOOD PROTECTION SYSTEM: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard". Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound Federal engineering standards.
7. 
FLOODPLAIN: Any land area susceptible to being inundated by water from any source.
8. 
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plan, flood control works and floodplain management regulations.
9. 
FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
10. 
FLOODWAY: The channel of a river or other watercourse and the adjacent portion of the floodplain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point assuming equal conveyance reduction outside the channel from the two (2) sides of the floodplain.
11. 
FLOODWAY FRINGE: That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year).
FLOOR AREA, SERVICE
The total floor area in a building measured to the outside surface of outer walls and including all levels, basements, mezzanines, storage areas and hallways but excluding restrooms, utility and mechanical equipment rooms, stairways and elevator shafts. Provided however, the Planning Commission and City Council may determine not to include basements or storage areas for certain circumstances, upon a showing by the applicant that such determination is reasonable.
FLOOR AREA, TOTAL
The square foot area of a building, including accessory building, measured from outside wall surfaces and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms but excluding unroofed balconies and patios.
GARAGE, COMMUNITY
A building or portion thereof, other than a repair garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or project.
GARAGE, PRIVATE
An accessory building or portion of a main building used for storage only of automobiles.
GARAGE, 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.
GARAGE, STORAGE
A building or portion thereof, except those defined as a private, a repair or a community garage, providing storage for motor vehicles but no other services.
GARDEN APARTMENT BUILDING
An apartment building located on a lot either singly or together with other similar apartment buildings generally one (1) or two (2) stories in height and having grounds completely landscaped.
HABITABLE FLOOR
Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor".
HIGH-RISE APARTMENT BUILDING
A building containing apartment units as a principal use which building exceeds three (3) stories in height.
HEIGHT OF A BUILDING OR STRUCTURE
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 in feet, shall be regulated by stories and a story shall be equal to twelve (12) feet for purposes of measuring structures other than buildings.
HOME OCCUPATION
Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling place and does not change the character thereof or have any exterior evidence of such secondary use either in the form of signs, materials, equipment, noise, odor or other nuisance or unusual pedestrian or vehicular traffic appurtenant to such home occupation. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale upon the premises.
HOTEL
Any building containing six (6) or more guest rooms intended or designed to be used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
INOPERABLE VEHICLE OR EQUIPMENT OR PARTS THEREOF
A motor passenger vehicle, truck, bus, aircraft or other motorized equipment or machine which is not then in condition to be operated in a normal or customary manner, nor any major parts thereof such as body, chassis, engine, frame or the trailer portion of a tractor-trailer rig.
LANDSCAPING
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.
LOT
A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations. A "lot", as used in this Title, may consist of one (1) or more platted lots or tract or tracts as conveyed or parts thereof.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Official, except that a lot as defined in this Title, when made up of more than one (1) platted lot, shall be deemed to front on the street upon which the platted lots front.
LOT DEPTH
The mean horizontal distance from the front street line to the rear line.
LOT INTERIOR
A lot whose side lines do not abut upon any street.
LOT LINE, FRONT
The boundary between a lot and the right-of-way on which it fronts.
LOT LINE, REAR
The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Official shall determine the rear line.
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.
LOT LINES
The lines bounding a lot as defined in "LOT LINE, FRONT" in this Section.
LOT, THROUGH
An interior lot having frontage on two (2) streets.
LOT WIDTH
The horizontal distance between side lines measured at the front building line.
MANUFACTURED HOME
A dwelling unit that is substantially assembled in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards (24 C.F.R. 3280 et seq.) promulgated by the U.S. Department of Housing and Urban Development.
MOBILE HOME
A factory-built structure more than eight (8) feet in width, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit without permanent foundation. "Without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOME PARK
A tract of land meeting the requirements of this Title containing suitable drives, utilities and other supporting elements and devoted to the sole purpose of accommodating mobile homes on a permanent or semi-permanent basis.
MOBILE HOME SPACE
That area of land within a mobile home park set aside for use on a site for one (1) mobile home, including the open spaces around said mobile home as are required in this Title.
MOTEL
A building or buildings contained on one (1) undivided tract or parcel of land, a group of individual private units, each provided with separate sleeping room or rooms, having bath, lavatory and toilet facilities, designed and to be used primarily for transient guests traveling by automobile.
NET SITE AREA
The land area of a lot or tract after all public street and alley right-of-way as are required by the provisions of this Title have been subtracted.
NEW CONSTRUCTION
Those structures where new construction or substantial improvement of which is begun after December 31, 1979, or the effective date of the Flood Insurance Rate Map (FIRM), whichever is later.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard which does not by reason of design, use or dimensions conform to the regulations of the district in which it is situated and existed as such on the date of the adoption of this Title.
PLANNED ZONING DISTRICT
The zoning of a lot or tract to permit that development as specifically depicted on plans approved in the process of zoning that lot or tract.
REGULATORY FLOOD ELEVATION
Elevation indicated in Flood Insurance Study as the elevation of the 100-year flood.
REGULATORY FLOOD PROTECTION ELEVATION
An elevation one (1) foot higher than the water surface elevation of the regulatory flood.
RESTAURANT
A building wherein food is prepared and served in ready-to-eat form to the public for human consumption. "Restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house.
SALES FLOOR AREA
Only interior building space devoted to the sale of merchandise and does not include restrooms, office space, storage space, automobile service area or open-air garden sales space.
SPECIAL USE PERMIT
The process by which those uses are deemed special and unique and which, by their nature, do not blend with the zoning districts set out in this Title, are allowed to exist and to operate in the City of Mission. Eligible uses and procedures for approval are set out in Sections 445.180 et seq. and Sections 440.010440.140 of this Title.
STABLE, PRIVATE
An accessory building and premises for the keeping of horses, ponies, mules or cows owned by occupants of the premises and not kept for remuneration, hire or sale.
STABLE, RIDING
A structure and premises in which horses, ponies or mules used exclusively for pleasure riding or driving are housed, boarded or kept for remuneration, hire or sale.
START OF CONSTRUCTION
The first (1st) placement of permanent construction of a structure (other than a mobile home) on a site such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first (1st) permanent framing or assembly of the structure or any part hereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.
STORAGE - STORED
The keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day-to-day use or consumption of the same.
STORY
That part of a building included between the surface of one floor and the surface of the floor next above or, if there is no floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is a half-story when between fifty and seventy-five percent (50% — 75%) of the area of its exterior walls is exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air. When less than fifty percent (50%) of the area of the walls of the first (1st) story is exposed to outside light and air entirely above grade, that story shall be classed as a basement and, in the case of multiple-family dwellings, may not be occupied as a residence by other than a caretaker or manager.
STREET
A right-of-way which affords principal means of vehicular access to property abutting thereon.
STREET LINE
The dividing line between the street right-of-way and the abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the actual cash value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first (1st) alteration of any structural part of the building commences.
TOWN HOUSE
A residential building containing not less than three (3) or more than eight (8) living units separated by party walls, having garages and being capable of separate ownership of each dwelling unit.
TRAILER
A vehicle, other than a mobile home, equipped with wheels and normally towed over the road behind a motor vehicle.
TRAILER, ADVERTISING
A trailer as defined in "TRAILER" above, but carrying or having attached thereto a sign, billboard or other media for advertising purposes, such advertising being the prime purpose and use of the trailer.
TRAILER, HAULING
A trailer, as defined in "TRAILER" above and designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects but not equipped for human habitation.
TRAVEL TRAILER OR RECREATION 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.
VARIANCE
Relief from a specific requirement in this Title, as applied to a specific piece of property, as distinct from rezoning. See Sections 440.300 and 440.310.
YARD
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. 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 least horizontal distance between the lot line and the building shall be used. Where lots abut a street that is designated a thoroughfare street on the thoroughfare plan, all yards abutting the street shall be measured from a line one-half (½) the proposed right-of-way width from the centerline or from the lot line, whichever provides the greater setback. On other lots all yards abutting a street shall be measured from a line twenty-five (25) feet from the centerline or from the lot line, whichever provides the greater setback.
YARD, FRONT
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REAR
A yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDE
A yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard.