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