ORDINANCE NO. 970314

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 80-130, District C-1 (neighborhood retail business), and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 80-130, District C-1 (neighborhood retail business), and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-130. District C-1 (neighborhood retail business).

 

(a) Purpose. District C-1 is intended to permit development and continuance of small-scale commercial areas, designed to serve either adjacent residential neighborhoods; or larger trade areas with small-size specialty shops and services such as antique shops, boutiques, travel services and other related activities. Major commercial or service establishments with large floor areas (over 5,000 square feet) or large parking lots for drive-up services are better located in more intensive commercial districts.

 

(b) Use regulations. In district C-1, no building or land shall be used, and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than one or a combination of the following uses. Only flat wall signs or signs on the face of a marquee are permitted, which shall advertise or indicate only services, articles or products which are offered for sale within the building to which the sign is attached, and shall conform to all requirements of the sign ordinance of the city.

 

(1) Principal uses.

 

a. Any use permitted in district R-5.

 

b. Professional services:

 

1. Artists' studios.

 

2. Clinics, for people only.

 

3. Office buildings.

 

4. Photographic studios.

 

c. Retail and personal services:

 

1. Banks, savings and loan associations and other financial institutions,

including automatic tellers and accessory drive-up services, provided

that there are five on-site reservoir spaces per drive-up window or

automatic teller in addition to the required parking.

 

2. Barbershops or beauty shops.

 

3. Bicycle repair shops.

 

4. Dancing schools.

 

5. Dyeing and dry cleaning shops and shirt laundry services having

minimal operations. No dust, lint, noise, vibration or odor generated

by the plant operation shall be perceptible from any adjoining

premises. Only nonflammable, nonexplosive synthetic solvents shall be

used.

 

6. Electrical appliance, fix-it, radio or television repair shops.

 

7. Eleemosynary uses, including shelters for the homeless. Such uses

shall be considered nonresidential for purposes of subsection (c) of

this section.

 

8. Grooming for small pets, provided that no animals are kept overnight,

that there are no kennels on the premises and that the entire operation

is carried on within a building.

 

9. Laundromats, coin-operated, or self-service laundries or self-service

dry cleaning shops. All equipment shall be so installed and anchored

as to eliminate vibration. No dust, lint, noise or odor generated by this

operation shall be perceptible at the boundaries of the premises.

 

10. Music studios.

 

11. Printing and reproduction services.

 

12. Shoe repair shops.

 

13. Tailor shops.

 

14. Travel agencies.

 

d. Transportation services:

 

1. Public parking facilities for passenger vehicles not exceeding 20 feet

in length.

 

2. Service stations for the sale and dispensing of gasoline and oil only,

but not including motor, body or fender repair work. One pole or

column emblem or trademark sign, in addition to the other signs

allowed in this district, shall be allowed on each street side upon

which the station abuts, provided that the pole is placed back from the

property line a distance equal to the setback or yard requirement of

this chapter for this district or a building line established by a plat,

whichever is the greater. No other advertising shall be attached to the

pole.

 

e. Retail commercial:

 

1. Bakery or pastry shops (retail only).

 

2. Book or stationery stores provided that any area in a book or

stationery store which contains stock in trade meeting the definitions

described in Section 80-156 but not constituting a substantial or

significant portion of the book/stationery store's stock in trade shall

be completely separated from any area containing the stock in trade

not meeting the definitions of Section 80-156 through the erection of

solid walls and doors and such areas shall be limited to persons age 21

and older.

 

3. Clothing or ready-to-wear stores.

 

4. Confectionery stores.

 

5. Drugstores.

 

6. Dry goods or notions stores.

 

7. Florists or gift shops.

 

8. Furniture homes or stores.

 

9. Grocery, fruit or vegetable stores.

 

10. Hardware stores.

 

11. Jewelry stores.

 

12. Meat markets or delicatessens.

 

13. Package liquor stores, if they comply with chapter 10.

 

14. Photographic shops.

 

15. Restaurants, excluding drive-ins. The serving of alcoholic beverages

as an incidental accessory use is subject to the definition for

restaurants serving substantial quantities of food as contained in

chapter 10.

 

16. Shoe stores.

 

f. Other business or service activities of the character enumerated in this

subsection but not included in any other classification.

 

(2) Accessory uses. Accessory uses customarily incident to a neighborhood retail business, including air conditioning plants and ice refrigeration plants purely incidental

to a main activity permitted on the premises, are permitted. A maximum of one

horsepower employed in the operation of any one machine, or a total of three

horsepower for the manufacture of articles to be sold at retail on the premises, shall

be permitted as an accessory use. No more than 115 volts shall be used.

 

(c) Height, yard and area regulations. In district C-1, the height of the buildings or structures, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-4:

 

(1) Height. Buildings or structures shall not exceed 2 1/2 stories and shall not exceed 35 feet in height unless adjacent to and in the same block with district R-4 or C-2, in

which case the height shall not exceed three stories and shall not exceed 45 feet.

 

(2) Front yards.

 

a. Residential dwelling structure. Same as in district R-4.

 

b. Nonresidential structure.

 

1. There need be no front yard in this district, except when the district

abuts or adjoins a district R-1, R-2, R-3, R-4 or R-5 within the same

block and on the same side of the street. Where this situation occurs,

the front yard requirement for this district shall be the same as that for

the abutting or adjoining residential districts (R-1 to R-5, inclusive)

when the residence or lots front on the same street, but need not be

more than 20 feet. Parking shall be set back a minimum of ten feet,

regardless of adjacency to residential districts.

 

2. When the rear line or a portion of the rear line of residentially zoned

property is adjacent to or abuts the business district, there shall be a

setback for buildings on a street, the property line of which forms a

street side line of the residentially zoned property, equal in depth to

the depth of the existing or required side yard in the residentially

zoned district, whichever is the greater, but such setback need not be

more than ten feet.

 

3. On a corner lot, platted or unplatted, the rear line of which abuts or

adjoins a side line or portion of a side line of a lot, there shall be a

front yard for any building or buildings on the corner lot which lot

fronts the same street as the residentially zoned property in the block,

equal to one-half of the front yard requirement for the residentially

zoned property given in subsection (c)(2)a of this section under the

height, yard and area regulations for that district.

 

(3) Side yards.

 

a. Residential dwelling structure. Same as in district R-4.

 

b. Nonresidential structure.

 

1. No side yard is required in this district except where the district abuts

or adjoins a district R-1, R-2, R-3, R-4 or R-5 within the same block

and on the same side of the street. When this occurs, there shall be a

side yard along the side line of any lot in the business district where

that side line abuts, adjoins or is adjacent to a residential district, and

on the street side of a corner lot. On any lot, the side line of which

abuts or adjoins a residential district, the required side yard shall

conform to the requirements for a side yard in the abutting or

adjoining residential district.

 

2. On a corner lot, platted or unplatted, the street side line of which is a

continuation of a side line of a lot or lots to its rear in the same block

which are zoned for residential purposes, there shall be a side yard on

the street side of the corner lot in the business district equal in depth

to the depth of the existing or required side yard in the residentially

zoned district, whichever is the greater, but such side yard need not be

more than ten feet.

 

3. On a corner lot, platted or unplatted, the street side line of which is a

continuation of the front street line of a lot or lots to its rear, there

shall be a setback from the street side line of the corner lot equal to

one-half of the front yard requirement in subsection (c)(2)a of this

section under the height, yard and area regulations for the residentially

zoned district fronting on the street.

 

(4) Rear yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure. No rear yard is required in this district except where

the rear yard abuts or adjoins a district R-1, R-2, R-3, R-4 or R-5. When this

occurs, there shall be a rear yard at least ten feet in depth. Where there is an

alley, the rear yard shall be measured to the center of the alley.

 

(5) Accessory building setback. An accessory building shall be set back the same distance required of any principal building.

 

(6) Lot width.

 

a. Residential dwelling structure. The minimum mean width of a lot used

exclusively for residence purposes shall be 50 feet, except that, where a lot

has a mean width of less than 50 feet and is in separate ownership on or

before January 1, 1954, this subsection will not prohibit the erection of a one-family dwelling. Duplexes and multiple dwellings hereafter erected require a

minimum mean lot width of 50 feet.

 

b. Nonresidential structure. There shall be no limitation of lot width for

buildings used wholly or partially for business purposes.

 

(7) Lot area.

 

a. Residential dwelling structures and hotels.

 

1. For one- and two-family dwellings, 4,000 square feet.

 

2. For three-family dwellings, including conversions, 5,000 square feet.

 

3. For dwellings with more than three families, other than row houses,

apartment houses, apartment hotels and hotels, 5,000 square feet, with

1,000 square feet additional for each family over three.

 

4. For row houses, 1,000 square feet per family.

 

b. Joint use structures. For apartment houses, apartment hotels, hotels and

buildings used jointly for hotel and apartment house uses or for business and

residence purposes, 1,000 square feet per family, except where the business

district abuts or adjoins only an R-5 district within the block, when it shall be

350 square feet per family. For further limitations on buildings used jointly for

hotel and apartment house uses or for business and residence purposes, see

section 80-250(6)a and b.

 

c. Nonresidential structures. There shall be no lot area requirement for

nonresidential structures, excluding hotels.

 

(d) Parking and loading regulations. Parking and loading regulations shall be as provided in sections 80-444 and 80-445.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney