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Legislation #: 140919 Introduction Date: 10/23/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, the Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning _ Development Code periodic review. (254-S-292).

Legislation History
DateMinutesDescription
10/23/2014 Filed by the Clerk's office
10/23/2014 Referred to Planning, Zoning & Economic Development Committee
10/29/2014 Hold On Agenda (11/5/2014)
11/5/2014 Do Pass
11/6/2014 Assigned to Third Read Calendar
11/13/2014 Passed

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140919.pdf Authenticated 1005K Authenticated
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140919 Fact Sheet.pdf Fact Sheet 349K Fact Sheet
rfo_254S292_254S296_report (compared text).pdf Staff Report 621K staff report

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ORDINANCE NO. 140919

 

Amending Chapter 88, Code of Ordinances, through revisions and clarifications throughout the chapter in accordance with the Zoning & Development Code periodic review (254-S-292 and 254-S-296)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Zoning and Development Code, is hereby amended by repealing and reenacting with like number and title Sections 88-205-03, 88-205-04, 88-235-04, 88-330-01, 88-340-02, 88-420-06, 88-435-02-A, 88-435-03-A, 88-805-03.C, 88-805-04-T, 88-805-05-B, 88-810-670, and 88-820-12. The revised sections that are reenacted herein are to read as follows:

 

88-205-03 TYPES OF OVERLAY DISTRICTS

There are four basic types of overlays: historic overlay, neighborhood conservation overlay, design review overlay, and special character overlay.

 

88-205-03-A. Historic Overlay districts are used to identify sites and areas within the city with structures and groupings of structures that are of historic, stylistic or thematic significance, as identified by historic resources surveys. This is the strictest of the four types of overlays.

 

88-205-03-B. Neighborhood Conservation Overlay districts are used to identify sites and areas within the city that represent clearly defined neighborhoods or commercial areas with predominantly consistent historic or architectural character. Although neighborhood overlay districts typically protect groups of buildings that have some historical significance, historic preservation is not the only goal. Neighborhood overlay districts seek to preserve an area's cultural, architectural, and aesthetic ambience.

 

88-205-03-C. Special Review Overlay districts provide for the creation of a design review committee with responsibilities set forth in the overlay ordinance and are limited to the review of exterior changes, visible from the public right-of-way, to a building, structure or element.

 

88-205-03-D. Special Character Overlay districts include adult entertainment and pedestrian-oriented overlay districts and may include transit oriented development overlay districts, airport overlay districts, urban agriculture overlay district, and others.

 

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88-205-04 ESTABLISHMENT

 

88-205-04-A. Overlay districts must be established in accordance with the zoning and development code text amendment procedures of 88-510 (to establish the applicable regulations) and the zoning map amendment procedures 88-515 (to establish the district on the zoning map).

 

88-205-04-B. Components that may be included in an overlay district ordinance are:

 

                        1.            purpose statement, tying the overlay to the goals and objectives of the comprehensive plan, citing the public necessity behind the intent and making a direct connection to protecting the public health, safety, morals, general welfare, and aesthetics;

 

                        2.            location and area of applicability;

 

                        3.            spatial definitions, with rules for spatial definition as simple and understandable as possible (Provide the information in a way the public can understand. Use graphics as much as possible);

 

                        4.            procedures for applications, specifying any additional information needed to demonstrate compliance with the overlay district regulations;

 

                        5.            special definitions, as needed;

 

                        6.            standards for review and approval to be used by review and decision-making bodies;

 

                        7.            permitted, prohibited and special uses;

 

                        8.            review and decision-making bodies charged with reviewing development applications and determining compliance with overlay district regulations;

 

                        9.            appeals process; and

 

                    10.            variance and administrative adjustment rules, if different for the overlay district.

 

88-205-04-C. Multiple historic, neighborhood, and/or special review overlays may not be designated over any individual property.

 

88-205-04-D. Historic, neighborhood, and design review overlays and any associated standards or guidelines must reflect the prevalent intensity and consistent building design in the neighborhood, to ensure that new development reflects the identifiable physical character of the area.

 

88-205-04-E. Applications for establishment of a neighborhood conservation overlay must be accompanied by the fee amount that has been established by the city council. Application fees are nonrefundable 5 working days after application filing, provided that the city planning and development director may grant a partial refund for good cause shown by the applicant.

 

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88-235-04 DEVELOPMENT/DESIGN STANDARDS

In establishing an H/O district, the historic preservation commission and city plan commission are authorized to propose and the city council is authorized to adopt, district-specific development and design standards to guide development and redevelopment within the subject H/O district. When development and design standards have been approved, each application for new construction or alteration of an existing building within the designated H/O must comply with those standards. When there are conflicts between the standards of the underlying base zoning district and adopted H/O district design/development standards, the H/O design/development standards will govern.

 

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88-330-01 FAMILY DAY CARE

Family day care homes in AG-R, R-80, R-10, R-7.5, R-6, R-5, and R-2.5 districts are subject to the following standards:

 

88-330-01-A. The predominant use of the premises must be residential.

 

88-330-01-B. The use must be carried on or conducted by members of a family residing in the dwelling.

 

88-330-01-C. All open play areas must be completely enclosed with a tight fence at least 4 feet in height.

 

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88-340-02 PLAN REQUIRED

A plan portraying adequate landscaping, screening, berming, or other buffering must be submitted for approval. The plan must also show:

 

88-340-02-A. adequate vehicle storage to ensure that no motor vehicles will block pedestrian traffic on public sidewalks during peak traffic hours;

 

88-340-02-B. design of building orientation so as to minimize pedestrian conflict.

 

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88-420-06 PARKING RATIOS

Except as otherwise expressly stated, off-street parking must be provided in accordance with the following minimum ratios. In lieu of complying with these minimum standards,


 

applicants may apply for approval of an alternative compliance parking plan, in accordance with 88-420-15. See also the exemptions, reductions, and special area standards of 88-420-04. Bicycle parking must be provided in accordance with 88-420-09.

 

Parking Ratios

U S E   G R O U P

Minimum Vehicle Parking Ratio

Use Category
   » specific use type

R E S I D E N T I A L

Household Living

   » Elderly Housing

1 per 3 dwelling units

   » All other

1 per dwelling unit

Group Living

1 per 4 dwelling units or 1 per 4 beds/sleeping rooms

P U B L I C / C I V I C

College/University

1 per 4 employees, plus 1 per 10 students

Day Care

   » Home-based (1–4)

None

   » All other

1 per 4 employees

Hospital

1 per 3 beds, plus 1 per 4 employees

Library/Cultural Exhibit

2.5 per 1,000 square feet

Park/Recreation

   » Community center

2.5 per 1,000 square feet

   » All other park/recreation

per 88-420-08

Religious Assembly

1 per 7 seats in main assembly area

Safety Service

   » Fire station

1 per 4 employees

   » Police station

1 per 4 employees

   » Ambulance service

1 per 4 employees

School

   » Elementary/Junior High

1 per 4 employees

   » Senior High

1 per 4 employees, plus 1 per 15 students

Utilities and Services

 

   » Basic, minor

None

   » All other utilities and services

per 88-420-08

C O M M E R C I A L

Adult Business

   » Adult media store

2.5 per 1,000 square feet

   » Adult motion picture theater

1 per 4 seats or person capacity

   » Sex shop

2.5 per 1,000 square feet

Animal Service

   » Sales and grooming

2.5 per 1,000 square feet

   » Shelter or boarding

2.5 per 1,000 square feet, not including animal pen areas

   » Veterinary

2.5 per 1,000 square feet, not including animal pen areas

   » Stable

1 per 10 stalls

Artist Work or Sales Space

2.5 per 1,000 square feet of sales space

Building Maintenance Service

1 per 4 employees

Business Equipment Sales and Service

2.5 per 1,000 square feet

Business Support Service

   » Day labor employment agency

per 88-420-08

   » Employment agency

2.5 per 1,000 square feet

   » All other business support service

2.5 per 1,000 square feet

Communication Service

2.5 per 1,000 square feet

Eating and Drinking Establishments

   » Tavern or nightclub

20 per 1,000 square feet

   » All other eating/drinking establishments

10 per 1,000 square feet

Entertainment and Spectator Sports

1 per 4 seats or person capacity

Financial Services

   » Pawn shop

2.5 per 1,000 square feet

   » All other financial services

2.5 per 1,000 square feet

Food and Beverage Retail Sales

2.5 per 1,000 square feet

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

per 88-420-08

   » Cremating

1 per 4 employees

   » Undertaking

1 per 4 seats or person capacity

Gasoline and Fuel Sales

1 per pump

Lodging

   » 1–20 rooms

1 per room

   » 21–40 rooms

1 per 4 rooms

   » 41+ rooms

1 per 6 rooms

Office, Admin. Professional or General

1 per 1,000 square feet

Office, Medical

4 per 1,000 square feet

Personal Improvement Service

2.5 per 1,000 square feet

Repair or Laundry Service, Consumer

2.5 per 1,000 square feet

Research Service

1 per 1,000 square feet

Retail Sales

2.5 per 1,000 square feet

Sports and Recreation, Participant

   » Indoor

1 per 4 seats or person capacity

   » Outdoor

per 88-420-08

Vehicle Sales and Service

   » Car wash/cleaning service

None

   » Heavy equipment sales/rental

1 per 1,000 square feet of office space and covered display area

   » Light equipment sales/rental (indoor)

1 per 1,000 square feet of office space and covered display area

   » Light equipment sales/rental (outdoor)

1 per 1,000 square feet of office space and covered display area

   » Motor vehicle repair, limited

2 per service bay

   » Motor vehicle repair, general

2 per service bay

   » Vehicle storage/towing

1 per employee

I N D U S T R I A L

Manufacturing, Production and Industrial Service

1 per 4 employees

Recycling Service

1 per 4 employees

Residential Storage Warehouse

3, plus 1 per 75 storage spaces

Warehousing, Wholesaling, Freight Movement

1 per 4 employees

O T H E R

Agriculture, Crop

None

Wireless Communication Facility

None

 

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88-435-02-A. CLASS A OUTDOOR DISPLAY

 

1.      DEFINED

Class A outdoor displays are areas outside of a completely enclosed building or structure used to display goods for sale to the general public as part of and subordinate to retail sales or similar business establishment. This includes but is not limited to garden supplies, building supplies, and plant materials.

 

2.      REGULATED

Class A outdoor display areas are allowed in association with any retail or similar business establishment, provided they comply with the following standards:

 

a.       Outdoor display areas must be located outside of drive aisles, fire lanes, and required parking spaces;

 

b.      Outdoor display areas are prohibited in any required setback or within the first 50% of the yard area as measured between the right-of-way and the building line;

 

c.       Outdoor display areas may not be closer than 5 feet to any public building entrance;

 

d.      Individual items attached to a building wall surface may not exceed 8 feet in height above grade;

 

e.       Stacked items may not exceed a total of 7 feet in height above grade;

 

f.       Outdoor display areas may not exceed 15% of the gross floor area of the principal building on the lot.

 

3.      SITE PLAN REVIEW

Review for compliance with these standards must occur at the time of site plan or development plan review for the principal use. Otherwise site plan approval is required prior to establishment of an outdoor display area.

 

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88-435-03-A. REGULATIONS

Outdoor storage as allowed per Tables 120-1 and 140-1, provided it complies with the following standards:

 

1.      Outdoor storage areas must be located outside of drive aisles, fire lanes, parking spaces, and any required setback;

 

2.      In the B4 district outdoor storage is prohibited in any required setback or within 20 feet of any property or right-of-way line, whichever is greater;

 

3.      In the M districts, outdoor storage is prohibited in any required setback or within 10 feet of any property or right-of-way line, whichever is greater;

 

4.      In the B4 district, outdoor storage may not cover an area exceeding 50% of the lot area and may not be located between the building line and any public right-of-way.

 

5.      Outdoor display and storage is allowed as an accessory use in all M districts if such storage is a customary accessory use to the principal use on a site.

 

6.      Outdoor display and storage must be screened in accordance with the standards of 88-425-09.

 

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88-805-03-C. DAY CARE

Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are 4 types of day care:

 

1.      HOME-BASED DAY CARE

Day care provided within a dwelling unit for up to 5 children or adults, in addition to members of the day care provider's household.

 


 

2.      FAMILY DAY CARE

Day care provided within a dwelling unit for up to 10 children or adults, in addition to members of the day care provider's household.

 

3.      GROUP DAY CARE

Day care for up to 20 children or adults, as the primary use of the land or within the day care provider's household.

 

4.      DAY CARE CENTER

Day care for 21 or more children or adults.

 

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88-805-04-T. RESEARCH SERVICE

An establishment that conducts educational, scientific, high-technology or medical research not involving the mass production, distribution, or sale of products. Research services do not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property. Research-related establishments that do produce such external impacts are classified as "manufacturing, production, and industrial services."

 

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88-805-05-B. MANUFACTURING, PRODUCTION AND INDUSTRIAL

SERVICES

 

1.      ARTISAN
On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing, and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

 

2.      LIMITED
Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

 


 

3.      GENERAL

 

a.       Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: asphalt plants, concrete plants, textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Also includes medical, scientific, or technology-related research establishments that produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property.

 

b.      Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products, or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as "repair or laundry services."

 

4.      INTENSIVE
Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. Also includes smelting, animal slaughtering, and oil refining.

 

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88-810-670 FRONT YARD

The actual area that exists between a building and the front property line of the lot on which the building is located, extending along the full length of the front property line between the side property lines. See also “Front Setback”.

 

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88-820-12 FEATURES ALLOWED TO ENCROACH IN REQUIRED SETBACKS

Required setbacks in residential districts must be unobstructed and unoccupied from the ground to the sky except that features are allowed to encroach into required setbacks to the extent indicated in the following table:

Obstruction/Projection into Required Setback

Front

Side

Rear

Accessory buildings used for domestic storage (e.g., sheds and tool rooms)

No

No

No

Air conditioning units, provided the unit is not more than 4 feet in height

No

Yes

Yes

Arbors and trellises

Yes

Yes

Yes

Awnings, canopies, light shelves, and architecturally integrated solar shading devices

Yes

Yes

Yes

Bay windows that project no more than 3 feet into the setback and are located at least 4 feet above grade at their lowest point

Yes

No

Yes

Chimneys that project no more than 18 inches into the setback

Yes

Yes

Yes

Decks and balconies of less than 500 square feet for detached houses may extend into the rear yard setback, provided that a minimum rear yard setback of 20 feet is maintained

No

No

Yes

Eaves and gutters projecting 3 feet or less into setback

Yes

Yes

Yes

Fences and walls (no more than 20% opaque) up to 6 feet in height

No

Yes

Yes

Fences and walls (more than 20% opaque or solid) up to 6 feet in height

No

Yes

Yes

Fire escape, open; projecting not more than one-half the width of the setback

No

Yes

No

Fire escape, open; projecting not more than 8 feet into the setback

No

No

Yes

Fireproof outside stairway or solid-floored balcony to a fire tower that projects no more than 4 feet into the setback

No

No

Yes

Flagpoles

Yes

Yes

Yes

Geothermal heat pumps and geothermal heat exchange system equipment up to 4 feet in height above grade

No

Yes

Yes

Parking spaces, enclosed, accessed from alleys

No

No

Yes

Parking spaces, unenclosed in R districts

No

No

Yes

Patios over 4 feet above the average level of the adjoining ground

No

No

Yes

Porches and balconies with a roof that are open on at least 3 sides

<10
feet

No

Yes

Rain barrels and cisterns up to 5 feet in height above grade

Yes

Yes

Yes

Recreational equipment (e.g., swing sets and basketball hoops)

No

No

Yes

Roof projecting from garage over open patio not to exceed 8 feet

No

No

Yes

Satellite dish antennas, not exceeding 1 meter in diameter

Yes

Yes

Yes

Satellite dish antennas, over 1 meter but not exceeding 2.4 meters in diameter

No

No

Yes

Sills, belt courses, cornices, buttresses and other architectural features projecting no more than 3 feet into the setback

Yes

Yes

Yes

Solar energy systems, building-mounted

No

Yes

Yes

Solar energy systems, ground-mounted

No

No

Yes

Stairs (unenclosed)

No

Yes

Yes

Steps no more than 6 feet above grade that are necessary for access to a permitted building or for access to zoning lot from a street or alley

Yes

Yes

Yes

Wheelchair lifts and ramps that meet federal, state and local accessibility standards

Yes

Yes

Yes

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment to Chapter 88 hereinabove, all public notices have been given and hearings have been held as required by law.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney