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Independence, MO Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

R-1 through R-30 PUD max height
35 feet, Table 300-2
R-A district max height
none (unrestricted)
R-18/R-30 bonus height trade (abutting R lot)
+1 ft setback per 1 ft over 35
R-18/R-30 bonus height trade (no R lot abutting)
+1 ft setback per 3 ft over 35
Height-exempt features
chimneys, spires, antennas, solar panels, flagpoles
Admin adjustment without variance
up to 10%, Community Development Director

Summary

Independence caps residential building height at 35 feet in every R district except large-lot R-A, which has no maximum, under UDO Table 300-2. Height is measured from curb or grade to the roof's highest point under § 14-202-07-A, and R-18/R-30 PUD buildings can exceed 35 feet only by adding extra side and rear setback.

Table 300-2 Lot and Building Standards R-A R-1 R-2 R-4 R-6 R-12 R-18 PUD R-30 PUD ... Maximum Height (feet) None 35 35 35 35 35 35[3] 35[3] ... Notes to Table 300-2: ... [3]Additional building height is permitted in R-18 and R-30 districts if interior side and interior rear setbacks abutting R-zoned lots are increased at least one foot for each one foot of building height in excess of 35 feet. On lots that do not abut R-zoned lots, buildings may be increased in height if interior side and interior rear setbacks are increased at least one foot for each three feet of building height in excess of 35 feet. 14-202-07-A.Measurement. The vertical distance between the ground and (1) the highest point of the coping of a flat roof, (2) the deck line of a mansard roof, (3) the average height of the highest gable of a pitched or hipped roof.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13).

Full Breakdown

UDO Table 300-2 sets "Maximum Height (feet)" at "None" for the large-lot R-A district and at 35 feet for every other conventional-development R district: R-1, R-2, R-4, R-6, R-12, R-18 PUD and R-30 PUD. Table note [3] allows extra height in R-18 and R-30 PUD only in exchange for larger setbacks: "Additional building height is permitted in R-18 and R-30 districts if interior side and interior rear setbacks abutting R-zoned lots are increased at least one foot for each one foot of building height in excess of 35 feet.

" Height itself is measured under § 14-202-07-A as the vertical distance between the ground and the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof, with "ground" set at the highest of curb level, mean street grade, or average finished grade for buildings set back more than five feet from the lot line. Certain rooftop features are exempt from the cap entirely: § 14-202-07-B lists antennas, belfries, chimneys, spires, flag poles, smokestacks, parapet walls, solar panels, radio towers, television towers, microwave relay towers and light standards as allowed to exceed the maximum height limit.

1; anything larger needs a Board of Adjustment variance under § 14-706-02, approved only by at least four concurring votes and findings that the hardship is unique to the lot and was not created by the owner.

Violations & Fines

Constructing above the district height maximum without an approved administrative adjustment or variance violates § 14-801-04-B of the development ordinance. The Community Development Director enforces the limit (§ 14-801-01), can withhold building permits or a certificate of occupancy for the parcel under § 14-801-07-C, and a conviction carries a fine of $10 to $100 for each day the violation continues, or $100 to $250 per day if the violation is willful, under § 14-801-07-E.

Frequently Asked Questions

How tall can a house be built in most Independence residential zones?
35 feet, measured from curb level or average grade to the highest point of the roof. This cap applies in R-1, R-2, R-4, R-6, R-12, R-18 PUD and R-30 PUD under Table 300-2; only the large-lot R-A district has no maximum height.
Can a building in Independence go higher than 35 feet?
Only in R-18 and R-30 PUD, and only by trading setback for height: table note [3] requires an extra foot of interior side and rear setback for every foot of height over 35 feet next to R-zoned lots, or one extra foot of setback for every three feet of height where no R-zoned lot abuts.
Do chimneys and antennas count toward the height limit?
No. Section 14-202-07-B exempts antennas, belfries, chimneys, spires, flag poles, smokestacks, parapet walls, solar panels, radio towers, television towers, microwave relay towers and light standards from the maximum height limit that otherwise applies to the building.
What is the penalty for building over the height limit?
It is a misdemeanor under § 14-801-07-E: a fine of $10 to $100 for each day the violation continues, rising to $100 to $250 per day if the City proves the violation was willful. The Community Development Director can also withhold permits until it is corrected.

Sources & Official References

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