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Legislation #: 120893 Introduction Date: 10/11/2012
Type: Ordinance Effective Date: 11/18/2012
Sponsor: COUNCILMEMBER GLOVER AND COUNCILMEMBER MARCASON
Title: Amending Chapter 88, Code of Ordinances, by repealing Sections 88-110-04 and 88-110-06-C and enacting in lieu thereof new sections of like number and subject matter that modifies requirements for residential building types.

Legislation History
DateMinutesDescription
10/11/2012 Filed by the Clerk's office
10/11/2012 Referred to Planning, Zoning & Economic Development Committee
11/7/2012 Advance and Do Pass as Second Committee Substitute, Debate
11/8/2012 Councilmember Glover Move to Amend
11/8/2012 Passed as Second Substitute as Amended

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120893

 

Amending Chapter 88, Code of Ordinances, by repealing Sections 88-110-04 and 88-110-06-C and enacting in lieu thereof new sections of like number and subject matter that modifies requirements for residential building types.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 88-110-04 and 88-110-06-C, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

88-110-04   RESIDENTIAL BUILDING TYPES

88-110-04-A. Residential Building Types Allowed

The residential uses allowed in R districts must be located in residential buildings. The following residential building types are allowed in R districts. Many residential building types are subject to supplemental standards, as referenced in 88-110-06-C.

Building Type

 

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.5

R-0.3

 

 

 

 

 

 

 

 

 

 

 

Detached house

 

P

P

P

P

P

P

P

P

P

Zero lot line house

 

P

P

P

P

P

P

P

P

P

Cottage house

 

P

P

P

P

P

P

P

Attached house

 

 

 

 

 

 

 

 

 

 

└Semi-attached

 

 

 

 

 

 

 

 

 

 

└on corner lots

 

P[1]

P[1]

P[1]

P

P

P

P

P

└in other situations

 

P

P

P

P

P

└Townhouse

 

S

S

P

P

P

Two-unit house

 

 

 

 

 

 

 

 

 

 

└on corner lots

 

P[1]

P[1]

P[1]

P

P

P

P

P

└in other situations

 

P

P

P

P

P

Multi-unit house

 

P

P

P

Multiplex

 

P

P

P

Multi-unit building

 

P

P

P

 

 

 

 

 

 

 

 

 

 

 

P = permitted building type – = prohibited building type

[1] Permitted only in approved open space development or conservation development; subject to 88-110-06-C-4.

88-110-04-B. Residential Building Types Defined and Regulated

Definitions and regulations for residential building types are as follows:

1.

Detached House

A detached house is a principal building containing one dwelling unit located on a single lot with private yards on all sides. Detached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2). No more than one detached house may be located on a single lot.

FH020028

 

 

 

 

2.

Zero Lot Line House

A zero lot line house is a principal building containing one dwelling unit located on a single lot. The building is shifted to one side of the lot so that there is a more usable side yard on one side of the house and very little or no private yard on the other side. Zero lot line houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the zero lot line standards of 88-110-06-C. No more than one zero lot line house may be located on a single lot.

 

 

 

 

3.

Cottage House

A small detached house that is grouped with other cottages around a shared open space. Cottage houses are subject to the lot and building standards of 88-110-06 (Table 110-2) except as modified or supplemented by the cottage house development standards of 88-110-06-C. Multiple cottage houses may be located on a single lot, subject to the limitation of 88-110-06-C.

 

 

 

 

4.

Attached House

A building containing multiple dwelling units, each located on its own lot with a common or abutting wall along shared lot lines. Each dwelling unit has its own external entrance. There are two types of attached houses: semi attached houses and townhouses. Attached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the attached house standards of 88-110-06-C. No more than one attached house may be located on a single lot.

 

 

 

 

 

 

 

A semi-attached house is an attached house building containing 2 dwelling units, divided by a vertical plane.

 

 

 

 

 

 

DCP_2006

 

 

A townhouse is an attached house building containing 3 or more dwelling units, divided by a vertical plane.

aut_2803

 

 

 

 

5.

Two-unit House

A two-unit house is a building containing 2 dwelling units, both of which are located on a single lot or parcel (also referred to as a “duplex” or “two-flat”). The dwelling units are attached and may be located on separate floors or side-by-side. Two-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the two-unit house standards of 88-110-06-C. No more than one two-unit house may be located on a single lot.

afton village duplex 2

 

 

 

 

6.

Multi-unit House

A multi-unit house is a building containing 3 to 8 dwelling units located on a single lot. Multi-unit houses appear as large detached houses and have only one entrance visible from the street. Multi-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the multi-unit house standards of 88-110-06-C. More than one multi-unit house may be located on a single lot, subject to compliance with all applicable lot and building standards.

14B

 

 

 

 

7.

Multiplex

A multiplex is a building containing 3 to 8 dwelling units, each of which has its own external entrance. Multiplexes are subject to the lot and building standards of 88-110-06-B (Table 110-2). More than one multiplex may be located on a single lot, subject to compliance with all applicable lot and building standards and subject to site plan review

triplex%20jumeles

 

 

 

 

8.

Multi-unit building

A multi-unit building is a building containing 3 or more dwelling units (other than a multiplex or multi-unit house) that share common walls and/or common floors/ceilings. Multi-unit buildings are typically served by one or more common building entrances. Multi-unit buildings are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the Multi-unit building standards of 88-110-06-C. More than one multi-unit building may be located on a single lot, subject to compliance with all applicable lot and building standards.

R5-R6-plaza-bowlconcept

88-110-06-C Building-Type Specific Standards

1.           Zero Lot Line Houses

Zero lot line houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following zero lot line house standards:

(a)    Zero lot line building arrangements require that the planning for all house locations be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site planning is possible, while ensuring that neighborhood character is maintained.

(b)   The side setback on one side of the lot may be reduced to as little as zero. The zero-setback side may not abut a street or a lot that is not part of the zero lot line development. The minimum combined side setback requirements of 88-110-06-B apply on the “non-zero” side, which means that a lot with a zero side setback on one side must provide a setback equal to at least 20% of the lot width on the opposite side of the lot.

zero lot line kcmo

(c)    Eaves on the side of a house with a reduced setback may project over the abutting lot line only if a perpetual eave overhang easement at least 5 feet in width is provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property.

(d)   When the zero lot line house’s exterior wall or eaves are set back less than 2 feet from the abutting side lot line, a perpetual maintenance easement at least 5 feet in width must be provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property. This provision is intended to ensure the ability to conduct maintenance and upkeep activities on the zero lot line house.

(e)    Windows or other openings that allow for visibility into the side yard of the lot abutting the zero-setback side lot are not allowed on zero lot line houses. Windows that do not allow visibility into the side yard of the abutting lot, such as clerestory windows or translucent windows, are allowed, subject to compliance with the building code.

2.           Cottage House

Cottage house developments are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following cottage house development standards:

(a)    Development Size

Cottage house developments must contain at least 4 and no more than 12 cottage houses. A development site may contain more than one cottage house development.

(b)   Lot Size

(1)   In the R-7.5, R-6 and R-5 districts the minimum required lot area per cottage unit is 50% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).

(2)   In the R-2.5 district the minimum required lot area per cottage unit is 75% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).

(3)   In the R-1.5, R-0.5 and R-0.3 districts the minimum lot area per unit standard of 88-110-06-B (Table 110-2) applies.

(c)    Floor Area

(1)   The total floor area of each cottage may not exceed either 1.5 times the area of the main floor or 1,250 square feet, whichever is less. Attached garages are counted in the calculation of total floor area.

(2)   The maximum main floor area for cottages is 850 square feet. For the purposes of this calculation, the area of interior stairways may be allocated between floors served.

(d)   Setbacks and building Separation

All structures within cottage house developments must be set back at least 15 feet from property lines abutting streets and 10 feet from other property lines along the outer perimeter of the cottage house development site. When vehicular access to a cottage housing development is from an alley, a 4-foot minimum rear setback is allowed. All buildings within the cottage house development must be separated by a minimum distance of 10 feet.

(e)    Building Height

Cottage houses may not exceed 18 feet in height, except that pitched roofs with a minimum pitch of 6:12 may extend up to 25 feet in height. All parts of a roof above 18 feet in height must be pitched.

(f)    Open Space

Cottage house developments must include at least 200 square feet of common open space per cottage. At least 50% of the cottages in a cottage housing development must abut common open space and the common open space must have cottages abutting on at least 2 sides. All cottages must be located within 60 feet walking distance of the common open space.

cottage house kcmo

Each cottage unit must have 150 square feet of private, contiguous, usable open space adjacent to each dwelling unit, for the exclusive use of the cottage resident. Such private open space must be oriented toward the common open space as much as possible, with no dimension less than 10 feet.

All cottages must have a roofed porch at least 80 square feet in area with a minimum dimension of 8 feet on any side.

3.           Attached house

Attached houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified or supplemented by the following attached house standards.

(a)    The minimum lot width for an attached house is 18 feet.

(b)   The minimum lot area per unit requirements of 88-110-06-B (Table 110-2) apply to attached house projects on a project-wide basis, meaning that the total area of the attached house site, including common areas comprising up to 20% of the overall site, may be counted as lot area. Common areas may include commonly owned open space, access drives and parking areas. Such common areas may also be included in setback calculations.

(c)    No side setback is required for common or abutting walls. The minimum total (combined) side setback standard of 88-110-06-B (Table 110-2) applies along the sides of the building that do not have common or abutting walls.

attached house kcmo

(d)   Common or abutting walls must be shared for at least 50% of their length.

(e)    On corner lots, either the rear setback or side setback may be reduced to zero. However, the remaining side or rear setback must comply with the standards of 88-110-06-B (Table 110-2).

attached house corner

(f)    The minimum total (combined) side setback standard of Section 88-110-06-B (Table 110-2) applies along the sides of the building that do not have common or abutting walls.

(g)   The front facade of any attached house may not include more than 40% garage wall area.

(h)   Townhouse buildings may not contain more than 9 attached dwelling units.

4.           Two-unit Houses and Semi-Attached Houses on Corner Lots

Under the conventional development option, two-unit houses and semi-attached houses are subject to the standards of Section 88-110-06-B (Table 110-2). In approved open space or conservation developments two-unit houses and semi-attached houses are allowed on corner lots in all R districts except R-80. In R-10, R-7.5 and R-6 districts they are subject to the following additional standards.

(a)    Two-unit houses and semi-attached houses are allowed on corner lots in situations in which such building types would not otherwise be allowed because they can be designed so each unit is oriented towards a different street. This gives the two-unit house and the semi-attached house the overall appearance of a detached house when viewed from either street.

(b)   The corner lot must comply with the minimum lot area standard of the subject zoning district. No lot with less than 3,000 square feet of lot area may be used for the corner lot option.

(c)    Each dwelling unit within the two-unit house or semi-attached house must have its address and main entrance oriented towards a separate street frontage. Conversion of an existing detached house may provide one main entrance with internal access to both units.

5.           Multi-unit house

Multi-unit houses are subject to the standards of Section 88-110-06-B (Table 110-2) except as expressly modified or supplemented by the following standards.

(a)    The street-facing façade of a multi-unit house may have only one visible entrance to the building. If the building is located on a corner lot, one building entrance may be visible from each street.

(b)   Visible building entrances must be clearly emphasized by any one of the following means:

(1)   covered porch or canopy;

(2)   transom and sidelight windows;

(3)   pilasters and pediment; or

(4)   other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)

(c)    Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.

(d)   A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.

(e)    Surface parking and parking within accessory structures must be located behind the front building line and otherwise concealed from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Surface parking and the edge of the driveway from the right-of-way to any parking area or structure must be landscaped in accordance with 88-425-05 and 88-425-06.

parking location kcmo

(f)    The front facade of new multi-unit houses may not exceed 40 feet in width. Buildings may exceed this limitation if the street-facing plane of the building is broken into horizontal modules that comply with the following standards:

(1)   Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a change in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet.

(2)   Each module must have a corresponding change in the roofline.

(3)   Each module must be distinguished from the adjacent module by at least one of the following means:

a.           changes in material colors, types or textures;

b.           changes in the building and/or parapet height;

c.           changes in the architectural details such as decorative banding, reveals, stone, or tile accents;

d.          change in window pattern; and

e.           the use of balconies and recesses.

 

(g) Architecture of the multi-unit house shall be designed in context with and reflect the predominant characteristics of other residential buildings within 500 feet of the exterior property lines of the multi-unit house, in regard to scale, roof pitch, material, ingress/egress, and fenestration.

6.           Multi-unit Building

Multi-unit buildings (i.e., buildings containing 3 or more dwelling units, other than multi-unit houses) are subject to the standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the following standards.

(a)    Visible building entrances to dwelling units on the ground floor must be clearly emphasized by any one of the following means:

(1)   covered porch or canopy;

(2)   transom and sidelight windows;

(3)   pilasters and pediment; or

(4)   other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)

(b)   Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.

(c)    A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.

(d)   Surface parking and parking within accessory structures must be located behind front building line or otherwise screened from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Surface parking and the edge of the driveway from the right of way to any parking area or structure must be landscaped in accordance with 88-425-05 and 88-425-06.

(e)    Street-facing walls that are greater than 50 feet in length must be articulated with bays, projections, recesses or other design elements that effectively break-up the mass of the building.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney