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Legislation #: 190506 Introduction Date: 6/20/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, the Zoning _ Development Code, by repealing Section 88-610-03., Nonconforming Lots, and enacting a new section of like number and title in lieu thereof; deleting Section 88-820-01-B., Exceptions; and enacting Section 88-110-06-D., Exceptions, to permit construction of a single family-dwelling on an area of land legally created. (CD-CPC-2019-00060)

Legislation History
DateMinutesDescription
6/20/2019 Filed by the Clerk's office
6/26/2019 Hold On Agenda (7/10/2019)
7/10/2019 Hold On Agenda (9/11/2019)
9/18/2019 Hold On Agenda (9/25/2019)
10/2/2019 Hold On Agenda (10/16/2019)
10/23/2019 Hold On Agenda (11/13/2019)
6/20/2019 Referred to NPD and Special Committee on Housing Policy
11/13/2019 Do Pass as a Committee Substitute
11/14/2019 Assigned Third Read Calendar as Substituted

View Attachments
FileTypeSizeDescription
190506 Speaker Cards.pdf Other 356K Public Testimony Speaker Cards
190506 cs to org ord-com.docx Compared Version 23K 2nd Compared Version
88_610_03___NONCONFORMING_LOTS Proposed Language for 11.13.19.pdf Staff Report 50K Revised Language for Consideration on 11/13/19
Lauren Thompson Public Testimony with Documents.pdf Other 7158K Public Testimony with documents
Speaker Cards with docs.pdf Other 415K Public Testimony/Speaker Cards with Doc
Ordinance 190506_Joint Committee Presentation.pdf Reports 1101K Joint Committee Presentation
fact sheet_190506_NPD_10-23-2019_REVISED - USE THIS.pdf Fact Sheet 1354K fact sheet for joint committee_10-23-2019--USE THIS
Ordinance 190506_NP D_10-23-2019_Nonconforming Lots_ppt.pdf Reports 1845K Ppt_NP&D_10-23-2019
Ordinance 190506_NP D_09-18-2019_Nonconforming Lots_ppt.pdf Reports 1401K PowerPoint
CD-CPC-2019-00060_FactSheet (Autosaved).pdf Fact Sheet 555K Fact Sheet, rev 09/20/2019
190506.pdf Other 47K Handout
190506-Speaker Cards.pdf Other 633K Speaker Cards
CD-CPC-2019-00060_FactSheet.pdf Fact Sheet 554K fact sheet with revised staff report
190506-maps.pdf Maps 747K Maps
190506.pdf Other 1356K Handout
190506.pdf Other 650K Speaker Cards
190506.pptx Other 27272K Presentation
190506com.docx Compared Version 20K compared version
CD-CPC-2019-00060_NonconformingLots_stfrpt_06_18_2019.pdf Staff Report 672K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190506

 

Amending Chapter 88, the Zoning & Development Code, by repealing Section 88-610-03., Nonconforming Lots, and enacting a new section of like number and title in lieu thereof; deleting Section 88-820-01-B., Exceptions; and enacting Section 88-110-06-D., Exceptions, to permit construction of a single family-dwelling on an area of land legally created. (CD-CPC-2019-00060)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Section 88-610-03. Nonconforming Lots is hereby repealed and a new section of like number and title is enacted, to read as follows:


88-610-03 NONCONFORMING LOTS

 

88-610-03-A. DESCRIPTION

A nonconforming lot is a lawfully created lot that does not comply with the most restrictive minimum lot area or lot width standards of the zoning district in which the lot is now located.

 

88-610-03-B. USE OF NONCONFORMING LOTS

1.      In residential zoning districts, a detached dwelling is allowed on a nonconforming lot whose width is more than 30 feet.

 

2.      In residential zoning districts, a detached dwelling is allowed on a nonconforming lot whose width is less than 30 feet if it is separated from the nearest adjacent detached dwelling by at least six feet; however, in no case shall it be required to provide a setback from the intervening property line in excess of four feet, or be allowed to provide a setback from the intervening property line which is less than that required of the district in which it is located.

 

3.      In nonresidential zoning districts, a nonconforming lot may be developed with a use allowed within the subject zoning classification. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

 

88-610-03-C. DIMENSIONAL STANDARDS

Development on nonconforming lots must comply with the bulk and density standards of the subject zoning classification unless otherwise expressly stated.

 

Section B. That Section 88-820-01-B, Exceptions, is hereby repealed.

 

Section C. That Section 88-110-06-D, Exceptions, is hereby enacted, with said new section to read as follows:


88-110-06-D. EXCEPTIONS

1.                  A single-family dwelling, wherever permitted as an allowable use, may be erected on any area of land in separate ownership that was in existence at the time of the passage of the original Ordinance No. 45608, passed June 4, 1923, or any subsequent amendment thereto that causes the area of land in separate ownership to contain less lot width or less lot area than required to house one family in the district in which it is located, provided all setback, height, and parking requirements of this zoning and development code are met. For purposes of this section, separate ownership means any lot previously established by a recorded subdivision plat or any lot established by a recorded conveyance made prior to March 1, 1954, or made in conformance with subdivision regulations of this code, or as otherwise lawfully established.

 

2.                  A single-family dwelling, wherever permitted as an allowable use, may be erected on any area of land established by an approved lot split or subdivision plat.

 

Section D. That the Council finds and declares that before taking any action on the proposed amendments 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:

 

_____________________________

Sarah Baxter

Assistant City Attorney