COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050076, AS AMENDED

 

Amending Sections 80-20, Definitions, 80-42, Accessory uses permitted in districts R-1aa and R-1bb (low density), R-1a (medium density) and R-1b, and 80-60, District R-2 (Two-family dwellings), to define and regulate carriage houses. (254-S-221)

 

 

WHEREAS, in order to promote the preservation of features of historic significance as contemplated by RSMo 89.020.1, and other beneficial public policy goals, it is in the best interests of the City and its citizens to promote and encourage dwelling use by persons in addition to servants of carriage houses which are landmarks or located in historic districts regulated by the Citys Landmarks Commission pursuant to Section 2-911, et seq. of the Kansas City Code of Ordinances; and

 

WHEREAS, use of carriage houses by non-servants will promote and further the safety and general welfare of the City and its citizens by, among other things, having an increased, but regulated, number of persons in residence in historical urban areas; and

 

WHEREAS, historic residential properties are generally better maintained and features of historical significance on such properties are generally better preserved if there is an owner-occupant in residency at such properties; and

 

WHEREAS, the safety and general welfare of the City and its citizens and the preservation of features of historical significance will be further promoted and encouraged by providing an additional optional land use privilege or right with respect to R-2 or higher zoning districts in the City which otherwise qualify for non-servants use of carriage houses by encouraging owner occupancy of such historical properties; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri is hereby amended by repealing Sections 80-20, Definitions, 80-42, Accessory uses permitted in districts R-1aa and R-1bb (low density), R-1a (medium density) and R-1b, and 80-60, District R-2 (Two-family dwellings), and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

Sec. 80-20. Definitions.

 

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Accessory use or building means a use or building customarily incident and subordinate to the then actual use or building and located on the same lot with the actual principal use or building.

 

Adult business is an inclusive term used to describe collectively: adult cabaret; adult motion picture theatre; adult media store; bathhouse; massage shop; modeling studio; and/or sex shop. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of Section 80-230 or other provisions of the zoning code or other applicable ordinances.

 

Adult cabaret means an adult live entertainment facility, or that part of an adult live entertainment facility, which regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

 

Adult media means magazines, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

 

Adult media store means an establishment that rents and/or sells adult media and that meets any of the following tests:

 

(a) More than forty percent (40%) of the gross public floor area is devoted to adult media; or

 

(b) More than forty percent (40%) of the stock in trade consists of adult media; or

 

(c) A media store which advertises or holds itself out in any forum as XXX, adult, sex or otherwise as an adult business.

 

Adult motion picture theater means a building or portion of a building (including any portion of a building which contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

 

Alley means a public way which affords only secondary access to abutting property.

 

Amusement park, children's means a group of not more than 12 amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three acres, which area shall include provisions for off-street parking.

 

Apartment hotel means an apartment house which furnishes services for the use of its tenants which are not primarily available to the public.

 

Apartment house means a building arranged, intended or designed at the time of original construction to be occupied by three or more families.

 

Attached accessory building means a building which has at least 25 percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

Auto wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

Awning means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

Balcony means an exterior floor projecting from and supported by a building without additional independent supports. Such balcony shall be attached to a building but shall not be enclosed or provide for a roof.

 

Banks, savings and loan associations, or other financial institutions. Banks means an establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. Savings and loan associations means an establishment that is engaged in the business as a savings and loan association and is federally chartered or state chartered. Other financial institutions means a credit union which is engaged in the business as a credit union and is state chartered or a mortgage company which is an establishment engaged in the business of providing loans as a principal part of its operation which are secured by an interest in real property as collateral for the loan.

 

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the state.

 

Block means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The director of codes administration shall decide any question regarding the limits or extent of a block.

 

Board means the board of zoning adjustment.

 

Boarder means any person who, in exchange for valuable consideration, receives the use of a sleeping room and meals.

 

Boardinghouse means a building other than a hotel, where room and meals are provided as part of a prearranged agreement.

 

Book store is defined as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, book store means a retail store offering for sale or rent books, magazines or other printed material for consumption or enjoyment off the premises, provided that any store in which material falling within the definition of adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for book stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

 

Building coverage means the percentage of the lot area covered by the building area.

 

Building line means a line parallel to the front street line, between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

Canopy means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached and at the outer end by not less than one stanchion. A canopy is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

 

Carriage House means an accessory building constructed prior to March 1, 2005, containing a private garage and one dwelling unit located on property designated as a historic landmark or located in a historic district as defined in Section 2-913 of the Kansas City Code of Ordinances.

 

Chapter means the zoning ordinance, chapter 80, Code of Ordinances of the City of Kansas City, Missouri.

 

Check-cashing establishment means a business engaged in cashing checks for members of the general public as a principal purpose of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter.

 

Collector street means a street which carries traffic from minor streets to the major system of arterial streets and highways and includes the principal entrance streets to residential developments.

 

Community unit project means a residential building project of unlimited number of buildings on any size tract of land.

 

Converted dwelling means any residential building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for three or more families.

 

Curb level means the mean level of the curb in front of the lot, or, in case of a corner lot, along the abutting street where the mean curb is the highest.

 

Day care facility means an establishment or business, licensed or registered with any applicable regulatory agency, which provides supervision or facilities for preschool children or provides before or after or summer care for school-age children.

 

Day labor establishment means any enterprise, other than a labor union or a not-for-profit organization, engaged in procuring or providing persons to perform temporary unskilled work at a site other than the day labor business premises in which (1) the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day following the work day, and (2) persons arrive and wait at the day labor businesses premises to make application for work as a day laborer, to wait for assignment for day labor, to wait for transportation to a day labor site or to wait for payment of wages or benefits for day labor. For purposes of this definition, unskilled work means work involving physical tasks for which the (1) the worker is not required by law to hold a professional or occupational license, or (2) employer or contractor controlling the site of the work does not require the worker to have (a) a high school diploma or its equivalent, or (b) education beyond high school, or (c) relevant vocational education or (d) demonstrated proficiency with a specified type of machinery to be used in the work, but does not include white collar, secretarial, clerical or professional employment.

 

Deck means an exterior floor system elevated more than 30 inches from the ground and supported on at least two opposing sides by an adjoining building and/or posts, piers, or other independent supports. Such deck shall be attached to a building but shall not be enclosed or provide for a roof.

 

Director of codes administration means the chief building official. The director is also occasionally referred to in this chapter as the commissioner of buildings and inspections.

 

Duplex means a building designed or used exclusively for residential purposes and containing two dwelling units separated by a common party wall or otherwise structurally attached.

 

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

 

Dwelling, multiple means a building or portion thereof designed for three or more dwelling units.

 

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy by one family and provided with sanitation and cooking facilities.

 

Family means an individual; or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen; or a group of eight or fewer unrelated mentally or physically handicapped persons, including two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons in residence.

 

Floor area means the sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

Floor area ratio (FAR) means the ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

 

Footprint Area means the floor area at grade or the first floor if elevated above grade of an accessory building or structure and includes any enclosed area therein for the parking of motor vehicles, areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

 

Garage, community means a building or portion thereof, other than a public or private garage, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

Garage, private means an accessory building for the storage only of motor vehicles.

 

Garage, public means a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theatres, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled public), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.

 

Group housing project means a residential building project consisting of four or fewer buildings on a tract or lot consisting of three or less acres.

 

Halfway house means a facility for rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are considered to be substance abusers; or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

 

Height of buildings means the vertical distance measured from the highest of the following three levels:

 

(1) From the curb level;

 

(2) From the established or mean street grade in case the curb has not been constructed; or

 

(3) From the average finished ground level adjoining the building if it sits back from the street line;

 

to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot and to the mean height level of the top of the main plate and highest ridge for other roofs.

 

Home occupation means any occupation of a service character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling, which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade or no commodity for sale shall be kept on the premises.

 

Homeless shelter means a charitable facility operated by either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

Hotel means a building occupied or used generally as a temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 15 sleeping rooms, and no provision is made for cooking in any individual guestroom.

 

Incinerator means a solid waste processing facility consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

Junk handling yard means a place where waste, discarded or salvaged metals, used plumbing fixtures and other materials are bought, sold, exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, or used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

Lodger means any person who, in exchange for valuable consideration, receives the use of a sleeping room without meals or cooking privileges.

 

Lodginghouse means a building, other than a hotel, where a room without meals or cooking privileges for five or more persons is provided for compensation.

 

Lot means a plot, parcel or tract of land with frontage on a street occupied or proposed to be occupied by one building or uses customarily incident to it.

 

Lot area means the area contained within the property lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

Lot, corner means a lot abutting upon two or more streets at their intersection.

 

Lot depth means the mean horizontal distance from the front street line to the rear line of a lot.

 

Lot, interior means a lot whose side lines do not abut a street.

 

Lot, through means an interior lot having frontage on two streets and distinguished from a corner lot.

 

Lot width means the mean horizontal distance between the side lines of the lot measured at right angles to the depth.

 

Major thoroughfare (street) means streets having, as their primary purpose, to provide for through traffic movement between areas and across the city, and having, as their secondary purpose, direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the major street plan as primary or secondary arterials.

 

Marquee means any hood of noncombustible construction projecting more than 12 inches from the wall of a building above an entranceway and having a roof area greater than 12 square feet.

 

Massage shop means an establishment which has a fixed place of business having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of, external parts of the human body with the hands or with the aid of any mechanical, electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity provided that this term shall not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.

 

Materials recovery facility means a facility where source-separated materials are separated and processed, but such operations shall not include auto wrecking and junk handling.

 

Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, digital video discs, other magnetic media, and undeveloped pictures.

 

Media store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In that context, media store means a retail store offering media for sale or rent for consumption or enjoyment off the premises; provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for media stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area. This definition intentionally includes and is intentionally broader than the definition of book store and video store.

 

Mobile home means a factory-built structure more than eight feet in width and 32 body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation.

 

Mobile home development means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long term accommodation of more than 30 days for placement of two or more mobile homes, and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

Modeling studio means an establishment or business which provides the services of modeling for the purposes of reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing or otherwise.

 

Motel means a motorist's hotel where no portion of the building exceeds two stories in height and where at least 50 percent or more of the guestrooms are on the ground floor level and open directly on a private roadway or court.

 

Motion picture arcade booth means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd rom, books, magazines or periodicals) for observation by patrons therein. The terms booth, arcade booth, preview booth, video arcade booth, and media room shall be synonymous with the term motion picture arcade booth. A motion picture arcade booth shall not mean a theater, moviehouse, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy a motion picture arcade booth at any time.

 

Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Motion picture arcade booth establishment is any business wherein one or more motion picture arcade booths are located. The terms establishment and video arcade shall be synonymous with motion picture arcade booth establishment. Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Museum means any government or non-profit institution devoted to the procurement, care and display of objects of lasting interest or value which is open to the general public.

 

Nonconforming use, yard or building means a use, yard or building that does not comply with the regulations of the district in which it is situated.

 

Off-street parking space means a paved area to which an automobile has direct access from a paved aisle of sufficient width.

 

Operator means any person operating, conducting or maintaining an adult business.

 

Owner-occupied means that a natural person has his or her principal residence in a dwelling unit and either (i) owns a 50% or greater fee interest in the dwelling, or (ii) owns and/or controls a trust, corporation, limited liability company, partnership or other legal entity that owns the fee interest in the dwelling.

 

Primary live entertainment means that entertainment which characterizes the business, as determined (if necessary) from a pattern of advertising as well as actual performances.

 

Private club means a building and necessary grounds used for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

Public display describes the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others, or from any portion of the persons store or property where items and material other than adult media are offered for sale or rent to the public.

 

Public park means any city, county, state or federal public park.

 

Row house means a row of three or more attached dwelling units, also known as a townhouse.

 

Sadomasochistic practices means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

 

Sex shop means a business offering goods for sale or rent and that meets any of the following tests:

 

(a) It offers for sale items from any two (2) of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or

 

(b) More than five percent (5%) of the stock in trade of the business consists of sexually-oriented toys or novelties; or

 

(c) More than five percent (5%) of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

 

Sexually-oriented toys or novelties means instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

 

Short-term loan establishment means a business engaged in providing short-term loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Short-term loan establishments shall include businesses offering payday loans, signature loans, small loans, and other similar loans but do not include pawnshops or title loan establishments.

 

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

Sign, advertising copy. The term "advertising copy," as used in this chapter, means all letters, numbers and symbols constituting an advertising message.

 

Sign, animated means any sign with moving, rotating (other than on a vertical axis) or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises, which relies upon wind currents to create movement or the illusion of movement.

 

Sign, business advertising means an on-premises sign, other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

Sign, changeable copy panel means any panel which is characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

Sign, flat wall or fascia means a sign which is either painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than 12 inches from the wall and presents only one face with advertising copy to the public.

 

Sign, freestanding means a sign which is supported by one or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

Sign, gross area of means the smallest square, rectangle, triangle, circle or combination thereof necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided in this chapter, each face of a double-faced sign shall be computed and added to determine the gross area. This calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

Sign, incidental means a sign which guides or directs pedestrian or vehicular traffic.

 

Sign, outdoor advertising means an off-premises sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

Sign, projecting wall means a sign which is affixed in some way to an exterior wall of a building or structure and which projects perpendicularly from an exterior wall or radially from a corner of a building or structure and presents two faces with advertising copy to the public.

 

Sign, roof means a sign, any part of which extends above the low point of a roof or parapet wall of a building and which is wholly or partially supported by the building.

 

Sign structure means a structure which ordinarily serves no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

Sign, temporary means a sign, directing attention to a temporary condition, including "for sale," "for rent," "for lease" or similar temporary real estate signs, but not including other business or outdoor advertising signs; signs identifying construction projects, including names of persons or firms engaged in the project; and signs for temporary uses of land such as carnivals, circuses or fairs, wherever such temporary uses are permitted. Temporary signs shall also include banners, pennants and unofficial flags, except those mounted upon permanent staffs, commemorating or drawing attention to a temporary activity, and signs of a political nature pertaining to public elections, including voting places.

 

Sign, tri-vision means a sign which, by the intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one message viewable at any one time.

 

Sign, under-marquee means a lighted or unlighted display attached to the underside of a marquee, awning or canopy and protruding over private sidewalks or rights-of-way.

 

Solid waste separation facility means a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.

 

Specified anatomical areas means and includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

Specified sexual activities means sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual simulation or gratification, with a persons clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the states criminal code (RSMo ch. 573).

 

Stable, private means a detached accessory building for the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

Stable, riding means a structure in which horses, mules or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

Story means that part of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two of its opposite sides are situated in a sloping roof and the floor area of the attic does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

Street means a thoroughfare available to the public which affords the principal means of access to abutting property.

 

Street line means the dividing line between the street and the lot.

 

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.

 

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

 

Title loan establishments means a business engaged in providing title loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Title loans are defined as a transaction between a borrower and a lender for which the borrower pledges any titled personal property to the lender as security for a loan received from the lender.

 

Transfer station means a solid waste facility utilized as a central collection point at which solid waste from collection trucks or from a centralized location is placed in long haul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

Travel trailer means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit, would be considered examples of travel trailers.

 

Travel trailer camp means any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodation, up to and including 30 days or less, for placement of two or more travel trailer units, and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

Truck includes tractor and trailer trucks, or any motor vehicle which carries a truck license.

 

Used tire facility means a site where waste tires are collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

Video store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, video store means a retail store offering video cassettes, disks or other video recordings for sale or rent, provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for video stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

Yard, front means an open space, unoccupied except as provided in this chapter, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot shall be as follows:

 

(1) The front yard of a corner lot consisting of one platted lot shall be adjacent to that street on which the lot has its least dimension, unless there is a question as to which is the least dimension. When this question arises, the director of codes administration shall make the determination.

 

(2) If a corner lot consists of all or more than two platted parcels of land, each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard of this lot shall be on the same street as the other lots.

 

(3) If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard shall be on that street on which there front the greater number of lots, either platted or unplatted.

 

Any question as to the requirements for a corner lot set out in this definition shall be determined by the director of codes administration.

 

Yard, least dimension means the least of the horizontal dimensions at any level of such yard at such level.

 

Yard, rear means an open space, unoccupied except as provided in this chapter, on the same lot with a building, between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at a right angle to the rear line of the lot.

 

Yard, side means an open space, unoccupied except as provided in this chapter, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard. Any line not a rear line or a front line shall be deemed a side line.

 

Yard waste compost facility means a facility that processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

Sec. 80-42. Accessory uses permitted in districts R-1aa and R-1bb (low density),

R-1a (medium density) and R-1b.

 

(a) General requirements. Accessory uses permitted in districts R-1aa, R-1bb, R-1a and R-1b shall:

 

(1) Be located upon the same lot with a principal use unless otherwise set forth in this chapter.

 

(2) Be subordinate to the principal use and be a use or activity which is customarily incidental to the principal use.

 

(3) Not materially or substantially change or alter the character of activity of the principal use it serves.

 

(4) Include no use which is unrelated to a residential use unless otherwise defined by this chapter as a permitted home occupation.

 

(b) Yards, setbacks, building size and screening. The following are general yard requirements governing any accessory building or structure authorized under this section, which may be modified by the special requirements listed in this section:

 

(1) Setback requirements for accessory buildings and structures.

 

a. There shall be a front yard setback of at least 60 feet from the front property line.

 

b. There shall be a rear yard setback of at least four feet from any rear property line, except:

 

1. Pools shall be set back at least ten feet from any rear property line.

 

2. Private stables for animals shall be set back at least 30 feet.

 

3. No rear yard setback shall be required for a garage, servants quarters or carriage house where an alley abuts the rear property line.

 

c. There shall be a setback of at least two feet from any side line, except that pools shall be set back at least ten feet from any side line.

 

d. There shall be a setback of at least 15 feet from a side street line.

 

e. There shall be a setback of at least ten feet from the principal building.

 

f. There shall be a setback of at least 20 feet from any residential principal building on any adjoining lot.

 

(2) Height requirement for accessory buildings and structures.

 

a. The height of a detached accessory building or structure shall not exceed ten feet.

 

b. The height of a private garage or servants quarters shall not exceed 16 feet.

 

c. The height of a carriage house shall not exceed 28 feet and two stories.

 

(3) Allowable footprint area of accessory buildings and structures.

 

a. The total footprint area of detached accessory buildings or structures shall not exceed 200 square feet.

 

b. The total footprint area of private garages or servants' quarters may be erected to a maximum size of 800 square feet.

 

c. The total footprint area of carriage houses shall not exceed 1,500 square feet.

 

d. The area occupied by all accessory buildings and structures, including garages, servants quarters and carriage houses, shall be limited to 40 percent of the area of the rear yard.

 

(4) Screening requirement.

 

a. Accessory buildings and structures, except for those structures as set forth in subsection (c) of this section, shall be screened from any public street. Screening shall be at least six feet high and may be either a fence, shrubbery or some combination of natural plants and trees. Screening shall be installed to allow for an open area not to exceed 40 percent. It is not the intent of screening to prohibit the use of any allowable accessory use or structure.

 

b. Pools with a depth of greater than two feet shall be enclosed by a protective fence of at least four feet in height. Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a responsible person.

 

(5) Lot area requirement. A carriage house may be maintained or altered on a lot which contains a minimum area of 12,000 square feet and which contains a principal building used exclusively for the purposes of no more than one (1) dwelling unit.

 

(6) Variances. The provisions contained in this section may be varied by the board of zoning adjustment in accord with section 80-300(a).

 

(7) Exceptions. The following uses or areas are excepted from the requirements set forth in subsections (b)(1) through (4) of this section:

 

a. Districts R-3 and R-4.

 

b. Community unit projects.

 

c. Group housing projects.

 

d. Planned districts.

 

e. Any use associated with general farming as outlined in section 80-50 or identified in section 80-41(3)a.

 

f. Swing sets, sand boxes, basketball goals, children's playhouses under 50 square feet in area, tree houses under 50 square feet in area, composting bins under 50 square feet in area and similar uses.

 

(c) Accessory uses on land. Accessory uses on the land in district R-1 shall be permitted as follows:

 

(1) Private garage, servants' quarters or carriage house:

 

a. If serving two lots, the garage may be built across the side or rear line, and where an alley abuts a side or rear lot line the garage may be built on the alley line.

 

b. A terrace garage may be allowed in a front or side yard forward of the building line, provided it is completely recessed into the terrace, and the height of the terrace is sufficient to cover and conceal the structure from above. The front of the terrace garage shall be at least four feet from the front property line, and all doors, when open, shall not project beyond the property line.

 

c. The servants' quarters shall be occupied only by servants working on the premises and members of their immediate family.

 

d. When built as an integral part of the main building, a private garage or servants' quarters shall be subject to the yard regulations affecting the main building.

 

e. A private garage, servants' quarters or carriage house shall be subject to the yard requirements of subsection (b) of this section.

 

f. Carriage houses shall not be allowed in districts R-1aa or R-1bb.

 

(2) Community garages, with or without facilities for washing cars, provided the following conditions are met:

 

a. Access thereto, if from the street, shall be by not more than one driveway.

 

b. Such garage shall be at least six feet from any interior lot line and shall be set back from any street line a distance at least ten feet greater than would be required for a residence building on the same lot.

 

c. A community garage shall not be over one story or 16 feet in height.

 

d. No commercial vehicle shall be housed in a community garage.

 

(3) A private stable for animals. See section 14-12 for additional restrictions on this accessory use.

 

(4) Recreation and service buildings in a public park or playground.

 

(5) Temporary buildings, such as real estate offices, contractors' sheds and buildings of like character, which will be permitted during construction of buildings or sale of property, but not to exceed two years, upon approval of the director of codes administration.

 

(6) Signs as follows: No billboard, signboard, advertising sign or window display, except as provided in this subsection, shall be permitted as an accessory use in this district.

 

a. The placing of an unilluminated "for sale," "for rent" or "for lease" sign, not more than eight square feet in area, will be permitted as an accessory use.

 

b. Uses of land as designated in section 80-41(3)a, when requiring approval of the board of zoning adjustment, may provide one sign only to identify the use on the premises, subject to the following conditions and the approval of the board of zoning adjustment:

 

1. The size and design of the identification sign shall conform to the architectural design of the structure identified, the size of the structure identified, and the size and topography of the lot on which the sign is located, but in no case may such sign exceed 40 square feet in area.

 

2. The size and location of the sign shall be indicated on plans required by the board of zoning adjustment for consideration of the conditional use. Two copies of a plan showing elevations of the sign, properly dimensioned, shall also be furnished the board of zoning adjustment.

 

3. The identification sign may be lighted only if by indirect lighting or a shaded light; however, the sign shall not include digital equipment displays or audio visual displays, including, without limitation, time and temperature displays, or revolving, moving or blinking message center displays.

 

4. The board may impose additional restrictions, terms and conditions governing setback, height, design and other appropriate safeguards as may be in harmony with the purpose and intent of this chapter.

 

c. Churches and other institutions as designated in section 80-41(3)a, where not requiring approval of the board of zoning adjustment, may display unilluminated bulletin boards not more than 25 square feet in size, showing names, activities and services therein provided. The bulletin boards may be lighted only if by indirect lighting or a shaded light; however, the sign shall not include digital equipment displays or audio visual displays, including, without limitation, time and temperature displays, or revolving, moving or blinking message center displays.

 

d. During the construction of a building, one unilluminated sign advertising the contractors, architects, engineers or technicians and owner of such building shall be permitted, provided such sign shall not be more than 16 square feet in area, and this sign shall be removed immediately upon completion of the building.

 

e. Where subdivisions are being developed, unilluminated signs advertising the subdivision, not exceeding 60 square feet and not extending more than seven feet above the ground, shall be permitted when spaced more than 1,000 feet apart within the same subdivision. These signs shall be removed immediately upon the completed development of the subdivision, or not to exceed three years. The sign shall maintain the front yard requirements of the district.

 

(d) Accessory uses in building or structure. Specific accessory uses permitted in a building or structure in district R-1 include but are not limited to:

 

(1) Family-like day care of children for any part of the 24-hour day, for which compensation is received, which shall be limited to no more than two children; provided that the main use of the premises is as a dwelling place, that no sign is displayed, that there is no exterior evidence of the day care service, and that the day care service is conducted only by members of a family residing in the dwelling. For purposes of this subsection, child care shall not include the boarding and lodging of children. The limitation of two children may be waived by the director of codes administration to permit the care of no more than six children if affidavits of consent are submitted to the director of codes administration by all owners of all property immediately adjacent and contiguous to the subject property. However, if affidavits of consent are not received from all property owners the matter may be appealed to the board of zoning adjustment. The board shall have the authority to vary the waiver requirement after a public hearing on the matter. Waiver of the limitation of two children shall be required if there is a change of operator of the family-like day care.

 

(2) Home occupations, as defined in section 80-20, subject to the following conditions:

 

a. A home occupation shall be located in the dwelling and carried on only by members of the immediate family of the person occupying such dwelling as his or her private residence.

 

b. There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

 

c. There shall be no exterior indication of the home occupation.

 

d. One unilluminated nameplate not exceeding 80 square inches may be displayed. The nameplate may carry only the name and occupation of the resident.

 

e. No home occupation, and no storage of goods, materials or products connected with a home occupation, shall be allowed in any accessory building or structure.

 

f. Merchandise shall not be displayed or offered for sale either within or outside the residence.

 

g. No activity shall produce any noxious matter or odor, nor shall there be any perceptible noise beyond the lot line.

 

h. No sales are permitted on the site.

 

(3) The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage; provided no window or other display or sign is used to advertise such use; and provided that the lodger or boarder lives in common with the family, sharing a common entrance, kitchen facilities and living areas.

 

(4) Newsstands or refreshment stands or restaurants in connection with a railroad passenger station.

 

Sec. 80-60. District R-2--Two-family dwellings.

 

District R-2 is further subdivided into districts R-2a and R-2b, differing only in the requirements of lot area per family.

 

(1) Use regulation. In districts R-2a and R-2b, 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 of the following uses, except as otherwise provided in sections 80-210 and 80-230:

 

a. Any use included in district R-1. The restriction against church plants in converted residential buildings or structure does not apply. The restrictions for district R-1 governing the location of uses under paragraph (3)b. of section 80-41 apply also to their location in district R-2.

 

b. Two-family dwellings.

 

c. Accessory uses customarily incident to the above uses and not involving the conduct of a business or industry, under the same provision as for district R-1, except that the furnishing of lodging and/or board for not more than four persons in a dwelling unit occupied as a private residence will be permitted, provided no window or other display or sign is used to advertise such use.

 

1. A private garage or parking space permitted as an accessory use shall provide storage for not more than one motor vehicle for each 1,500 square feet of the lot area and shall be located as in district R-1.

 

2. All other limitations governing accessory uses in district R-1 shall apply to districts R-2a and R-2b.

 

(2) Height, yard, and area regulations. In districts R-2a and R-2b, the height of buildings, the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows (for exceptions see section 80-250):

 

a. Height. Buildings or structures shall not exceed 21/2 stories and shall not exceed 35 feet in height.

 

b. Front yards. The front yards in this district shall have a minimum depth of 25 percent of the depth of the lot but the depth of such front yard need not be more than 25 feet.

 

c. Side yards.

 

1. There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent of the width of the lot. Such side yard shall not be less than four feet and need not be more than eight feet.

 

2. On a corner lot, the side yard regulation shall be the same as for interior lots, except in the case of reversed frontage where interior lots have been platted or sold fronting on the side street. In this case, there shall be a side yard on the street side of the corner lot not less than one-half of the front yard required in subsection b.

 

d. Rear yards. The rear yards in this district shall have a minimum depth of 25 percent of the depth of the lot but the depth of such rear yard need not be more than 30 feet.

 

e. Lot width. The minimum mean width of a lot shall be 50 feet, except that in case of a lot having a mean width of less than 50 feet and in separate ownership on or before January 1, 1954, this regulation will not prohibit the erection of a one-family dwelling. Duplexes hereafter erected require a minimum mean lot width of 50 feet.

 

f. Lot area.

 

1. In district R-2a no building shall be erected or altered on a lot which makes provision for less than 5,000 square feet of the area of the lot for each family.

 

2. In district R-2b no building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

(i) For one-family dwellings, 5,000 square feet.

 

(ii) For two-family dwellings, 3,000 square feet per family.

 

3. A carriage house may be maintained or altered on a lot which contains a minimum area of 22,000 square feet and which contains a principal building used exclusively for the purposes of no more than (a) one dwelling unit or (b) which contains two units provided that one of the units is owner-occupied and further provided that one of the non-owner-occupied units is occupied only by children and/or parents of the owner-occupant, and any spouses of a child or parent.

 

(3) Parking and loading regulations. As provided for in sections 80-444 and 80-445, Code of Ordinances of the City of Kansas City, Missouri.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney