COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 160759
Amending Chapter
88, Code of Ordinances, through revisions and clarifications throughout the
chapter in accordance with the Zoning & Development Code periodic review
(254-S-317)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That Table 110-2 in Section 88-110-06, Table 120-1 in Section 88-120-03,
Table 130-1 in Section 88-130-04, Table 140-1 in Section 88-140-03, 88-205,
88-210, 88-220, 88-225, 88-230, 88-235, 88-270-02, 88-310-04, 88-323-01-A.,
88-323-02-C., 88-370-04, 88-370-05, 88-420-12, 88-420-15, 88-445-09, 88-570-04,
88-580, 88-610-05, 88-620, 88-805-04-I., 88-810-1860, 88-810-2120, are hereby
repealed and new sections of like number and title are hereby enacted; and that
new Sections 88-22; 88-215; 88-358; 88-810-886; 88-810-1035; 88-810-1106;
88-810-1238 are hereby enacted, with said revised and new sections to read as
follows:
88-22 consolidated use table
The Consolidated Use Table is a
table created and updated by City staff for the convenience of the public. The
CUT includes use tables for all zoning districts and cross-references to
standards. The CUT shall be revised upon the passage of any ordinance revising
any use or other information contained within this table. In the case of any
discrepancy between the CUT and those use tables within the 100 Series Base
Zoning Districts, the latter shall prevail.
88-110
RESIDENTIAL DISTRICTS
88-110-06-B.
BASIC STANDARDS
All residential and
nonresidential development in R districts must comply with the lot and building
standards of Table 110-2, except as otherwise expressly provided by the
building type-specific standards of 88-110-06-C. Nonresidential
development in R districts must comply with the "conventional"
development standards of Table 110-2. General exceptions to lot and building
standards and rules for measuring compliance can be found in 88-820.
|
|
Table 110-2: Lot and
Building Standards
|
|
|
R-80
|
R-10
|
R-7.5
|
R-6
|
R-5
|
R-2.5
|
R-1.5
|
R-0.5
|
R-0.3
|
|
C O N V E N T I O N A
L DEVELOPMENT
|
|
|
Lot Size
|
|
|
»
Min. lot area (square
ft.)
|
80,000
|
10,000
|
7,500
|
6,000
|
5,000
|
4,000
|
3,000
|
3,000
|
2,500
|
|
»
Min. lot area per unit (sq. ft.)
|
80,000
|
10,000
|
7,500
|
6,000
|
5,000
|
2,500
|
1,500
|
5002
|
300
|
|
»
Min. lot width (ft.)
|
150
|
85
|
50
|
50
|
45
|
40
|
30
|
30
|
25
|
|
Front Setback1
|
|
»
Minimum (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
25
|
15
|
15
|
15
|
|
»
Min. garage (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
25
|
20
|
20
|
20
|
|
»
Maximum required (ft.)
|
40
|
30
|
30
|
30
|
25
|
25
|
20
|
20
|
20
|
|
Rear Setback1
|
|
»
Minimum (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
|
»
Maximum required (ft.)
|
50
|
30
|
30
|
30
|
30
|
25
|
25
|
25
|
25
|
|
Side Setback1
|
|
»
Min. each side (% lot width)
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
|
»
Maximum required (ft.)
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
|
»
Min. abutting street (ft.)
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
|
Height (ft.)
|
|
»
Maximum
|
35
|
35
|
35
|
35
|
35
|
40
|
45
|
164
|
235
|
|
|
O P E N S
P A C E
DEVELOPMENT
|
|
|
Overall
Site
|
|
»
Min. open space (% of site)
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
|
|
»
Min. area per unit (sq. ft.)
|
72,000
|
9,000
|
6,750
|
5,400
|
4,500
|
2,750
|
1,350
|
450
|
270
|
|
|
Lot Size
|
|
»
Min. lot area (square ft.)
|
12,000
|
7,500
|
6,000
|
5,000
|
3,750
|
3,000
|
2,500
|
2,500
|
2,500
|
|
|
»
Min. lot width (ft.)
|
100
|
75
|
50
|
45
|
35
|
25
|
25
|
25
|
25
|
|
|
Front Setback1
|
|
»
Minimum (% of lot depth)
|
20
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
|
|
»
Min. garage (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
20
|
20
|
20
|
20
|
|
|
»
Maximum required (ft.)
|
25
|
25
|
25
|
25
|
25
|
20
|
20
|
20
|
20
|
|
|
Rear Setback1
|
|
»
Minimum (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
|
|
»
Maximum required (ft.)
|
50
|
30
|
30
|
30
|
30
|
25
|
25
|
25
|
25
|
|
|
Side Setback1
|
|
»
Min. each side (% lot width)
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
|
|
»
Maximum required (ft.)
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
|
|
»
Min. abutting street (ft.)
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
|
|
Height (ft.)
|
|
»
Maximum
|
35
|
35
|
35
|
35
|
35
|
50
|
60
|
120
|
200
|
|
|
C O N S E R V A T I O N
DEVELOPMENT
|
|
|
Overall
Site
|
|
»
Min. open space (% of site)
|
60
|
60
|
60
|
60
|
60
|
60
|
60
|
60
|
60
|
|
|
»
Min. area per unit (sq. ft.)
|
64,000
|
8,000
|
6,000
|
4,800
|
4,000
|
2,000
|
1,200
|
400
|
240
|
|
|
Lot Size
|
|
|
»
Min. lot area (square ft.)
|
9,600
|
3,200
|
2,500
|
2,500
|
2,500
|
2,500
|
2,500
|
2,500
|
2,500
|
|
|
»
Min. lot width (ft.)
|
85
|
50
|
45
|
35
|
30
|
25
|
25
|
25
|
25
|
|
|
Front Setback1
|
|
|
»
Minimum (% of lot depth)
|
20
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
|
|
»
Min. garage (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
20
|
20
|
20
|
20
|
|
|
»
Maximum required (ft.)
|
25
|
25
|
25
|
25
|
25
|
20
|
20
|
20
|
20
|
|
|
Rear Setback1
|
|
|
»
Minimum (% of lot depth)
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
|
|
»
Maximum required (ft.)
|
50
|
30
|
30
|
30
|
30
|
25
|
25
|
25
|
25
|
|
|
Side Setback1
|
|
|
»
Min. each side (% lot width)
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
|
|
»
Maximum required (ft.)
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
|
|
»
Min. abutting major street (ft.)
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
|
|
Height (ft.)
|
|
|
»
Maximum
|
35
|
35
|
35
|
35
|
35
|
50
|
60
|
120
|
200
|
|
|
1 Required building setback shall be per this table or the
platted building line, whichever is greater.
2 Any residential
unit having less than 350 sq. ft. per unit as of January 1, 2011, shall be
considered conforming.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 120-1
Office, Business and Commercial Districts Use Table
|
|
U S E G R O U P
(refer to 88-805 Use Groups and Categories)
|
Z O N I N G D I S T R I C T
|
Use
Standards
|
|
Use Category
» specific use type
|
O
|
B1
|
B2
|
B3
|
B4
|
|
R E S I D E N T I A L
|
|
Household
Living
|
|
» Single family home
|
P
|
P
|
P
|
P
|
P
|
88-120-03-H.3.
|
|
» In single-purpose residential building
|
–
|
P
|
P
|
P
|
P
|
88-323
|
|
» In mixed-use building
|
P
|
P
|
P
|
P
|
P
|
|
|
Group
Living
|
P
|
P
|
P
|
P
|
P[5]
|
|
|
P U B L I C / C I
V I C
|
|
Bicycle
Sharing Facilities
|
P
|
P
|
P
|
P
|
P
|
88-322
|
|
Club,
Lodge, or Fraternal Organization
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
College/University
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Day
Care
|
|
» Home-based (1–5)
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Family (up to 10)
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Group (up to 20)
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Center (21+)
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Hospital
|
S
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Library/Museum/Cultural
Exhibit
|
P
|
P
|
P
|
P
|
P
|
|
|
Park/Recreation
|
P
|
P
|
P
|
P
|
P
|
|
|
Religious
Assembly
|
P
|
P
|
P
|
P
|
P
|
|
|
Safety
Service
|
|
» Fire station
|
P
|
P
|
P
|
P
|
P[4]
|
|
|
» Police station
|
P
|
P
|
P
|
P
|
P
|
|
|
» Ambulance service
|
S
|
S
|
S
|
P
|
P[4]
|
|
|
School
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Utilities
and Services (except as noted below)
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
S[1][5]
|
|
|
» Basic, minor
|
P
|
P
|
P
|
P
|
P
|
88-425-08-B
|
|
C O M M E R C I A L
|
|
Adult
Business
|
|
» Adult media store
|
–
|
–
|
P[1]
|
P[1]
|
P[1][4]
|
88-310-03
|
|
» Adult motion picture theater
|
–
|
–
|
–
|
P[1]
|
P[1][4]
|
88-310-02
|
|
» Sex shop
|
–
|
–
|
–
|
P[1]
|
P[1][4]
|
88-310-02
|
|
Animal
Service
|
|
» Sales and grooming
|
–
|
P
|
P
|
P
|
P
|
88-315
|
|
» Shelter or boarding
|
–
|
–
|
P
|
P
|
P[4]
|
88-315
|
|
» Stable
|
–
|
–
|
–
|
–
|
S[4]
|
88-315
|
|
» Veterinary
|
–
|
–
|
P
|
P
|
P[5
for Ground Floor Uses]
|
88-315
|
|
Artist
Work or Sales Space
|
–
|
P
|
P
|
P
|
P
|
|
|
Building
Maintenance Service
|
–
|
–
|
–
|
P
|
P[5]
|
|
|
Business
Equipment Sales and Service
|
–
|
–
|
P
|
P
|
P
|
|
|
Business
Support Service (except as noted below)
|
–
|
–
|
P
|
P
|
P[5]
|
|
|
» Day labor employment agency
|
–
|
–
|
–
|
–
|
S[1][4]
|
88-331
|
|
Communications
Service Establishments
|
P
|
–
|
P
|
P
|
P[5]
|
|
|
Drive-Through Facility
|
–
|
–
|
P[2]
|
P[2]
|
P[2]
|
88-338 & 88-340
|
|
Eating
and Drinking Establishments (except as noted below)
|
P
|
P
|
P
|
P
|
P
|
|
|
» Tavern or nightclub
|
–
|
–
|
P
|
P
|
P
|
|
|
Entertainment
and Spectator Sports
|
|
» Indoor small venue (1–149 capacity)
|
–
|
–
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Indoor medium venue (150–499 capacity)
|
–
|
–
|
S
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Indoor large venue (500+ capacity)
|
–
|
–
|
–
|
S
|
P[5
for Ground Floor Uses]
|
|
|
» Outdoor (all sizes)
|
–
|
–
|
–
|
S
|
P[5]
|
|
|
Financial
Services (except as noted below)
|
S
|
P
|
P
|
P
|
P
|
|
|
» Pawn shop
|
–
|
P
|
P
|
P
|
P
|
|
|
» Short-term loan establishment
|
–
|
–
|
P[1]
|
P[1]
|
P[1][4]
|
88-325
|
|
Food
and Beverage Retail Sales
|
–
|
P
|
P
|
P
|
P
|
|
|
Funeral
and Interment Service
|
|
» Cemetery/columbarium/mausoleum
|
S
|
S
|
S
|
S
|
S
|
88-345
|
|
» Cremating
|
–
|
S
|
S
|
S
|
S
|
88-345-02
|
|
» Undertaking
|
–
|
S
|
P
|
P
|
P[5]
|
88-345
|
|
Gasoline
and Fuel Sales
|
–
|
S[3]
|
S[3]
|
S[3]
|
P[3][5]
|
88-323
|
|
Lodging
|
|
» Bed and Breakfast
|
–
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
88-320
|
|
» Hotel/motel
|
–
|
–
|
–
|
P[2]
|
P[2]
|
88-323
|
|
» Recreational vehicle park
|
–
|
–
|
–
|
S[1]
|
S[1][4]
|
|
|
Mobile Vendor Park
|
-
|
-
|
-
|
P
|
P
|
88-358
|
|
Office,
Administrative, Professional or General
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Office,
Medical
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Blood/plasma center
|
–
|
–
|
–
|
S
|
S
|
|
|
Parking,
Accessory
|
P
|
P
|
P
|
P
|
P
|
88-323
|
|
Parking,
Non-accessory
|
–
|
–
|
S[1]
|
P[1]
|
P[1]
|
|
|
Personal
Improvement Service
|
P
|
P
|
P
|
P
|
P
|
|
|
Repair
or Laundry Service, Consumer
|
–
|
P
|
P
|
P
|
P
|
|
|
Research
Service
|
P
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Retail
Sales
|
–
|
P
|
P
|
P
|
P
|
|
|
Reuse of officially
designated historic landmark (local or national)
if
proposed use is not permitted
|
S
|
S
|
S
|
S
|
S
|
|
|
Sports
and Recreation, Participant
|
|
» Indoor
|
–
|
P
|
P
|
P
|
P[5
for Ground Floor Uses]
|
|
|
» Outdoor
|
–
|
–
|
–
|
P
|
P[5
for Ground Floor Uses]
|
|
|
Vehicle
Sales and Service
|
|
» Car wash/cleaning service
|
–
|
–
|
S[1]
|
P[1]
|
P[1][5,
if not within a parking structure]
|
|
|
» Heavy equipment sales/rental
|
–
|
–
|
–
|
S[1]
|
P[1][4]
|
|
|
» Light equipment sales/rental (indoor)
|
–
|
–
|
P[2]
|
P[2]
|
P[2]
|
88-323
|
|
» Light equipment sales/rental (outdoor)
|
–
|
–
|
S[1]
|
S[1]
|
P[1][5,
if not within a parking structure]
|
|
|
» Motor vehicle repair, limited
|
–
|
–
|
S[2]
|
P[2]
|
P[2][5]
|
88-323
|
|
» Motor vehicle repair, general
|
–
|
–
|
–
|
S[2]
|
P[2][5]
|
88-323
|
|
» Vehicle storage/towing
|
–
|
–
|
–
|
–
|
P[1][4]
|
88-375
|
|
I N D U S T R I A
L
|
|
Manufacturing,
Production and Industrial Service
|
|
» Artisan (except as noted below)
|
–
|
–
|
–
|
–
|
P
|
|
|
» Artisanal Food and Beverage Manufacturing
|
–
|
–
|
–
|
S
|
P
|
88-318
|
|
» Catering Establishments
|
–
|
–
|
–
|
S
|
P
|
88-318
|
|
» Limited
|
–
|
–
|
–
|
–
|
S[4]
|
|
|
» General
|
–
|
–
|
–
|
–
|
S[2][4]
|
88-323
|
|
» Intensive
|
–
|
–
|
–
|
–
|
–
|
|
|
Outdoor
Display
|
|
» Class A
|
P
|
P
|
P
|
P
|
P
|
88-435-02
|
|
» Class B
|
–
|
–
|
–
|
P
|
P[4]
|
88-435-02
|
|
Outdoor
Storage
|
|
»
Principal
|
–
|
–
|
–
|
–
|
–
|
|
|
»
Accessory
|
–
|
–
|
–
|
–
|
P[1][4]
|
88-425
|
|
Recycling
Service
|
|
» Limited
|
–
|
–
|
–
|
–
|
S[1][4]
|
|
|
Residential
Storage Warehouse
|
–
|
–
|
–
|
-
|
P[2][4]
|
88-323
|
|
Warehousing,
Wholesaling, Freight Movement
|
|
»
Indoor
|
–
|
–
|
–
|
–
|
P[2][4]
|
88-323
|
|
» Outdoor
|
–
|
–
|
–
|
–
|
–
|
|
|
A G R I C U L T U R A
L
|
|
Agriculture,
Animal
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*[4]
|
*Chapter
14
|
|
Agriculture,
Crop
|
P
|
P
|
P
|
P
|
P[4]
|
88-312-01
|
|
Agriculture,
Urban
|
|
» Home Garden
|
P
|
P
|
P
|
P
|
P
|
88-312-02-A
|
|
» Community Garden
|
P
|
P
|
P
|
P
|
P[4]
|
88-312-02-B
|
|
» Community Supported Agriculture (CSA) Farm
|
P
|
P
|
P
|
P
|
P[4]
|
88-312-02-C
|
|
A C C E S S O R
Y S E R V I C E S
|
|
Wireless
Communication Facility
|
|
» Freestanding
|
–
|
–
|
P[1]
|
P[1]
|
P[1][4]
|
88-385
|
|
» Co-located antenna
|
P
|
P
|
P
|
P
|
P[5]
|
88-385
|
|
Table 130-1
Downtown Districts Use Table
|
|
U S E G R O U P
(refer to 88-805 Use Groups and Categories)
|
Zoning District
|
Use Standard
|
|
Use Category
» specific use type
|
DC
|
DX
|
DR
|
|
R E S I D E N T I A L
|
|
Household
Living
|
|
» Single family home
|
P
|
P
|
P
|
|
|
» In single-purpose residential building
|
P
|
P
|
P
|
88-323
|
|
» In mixed-use building
|
P
|
P
|
P
|
|
|
Group
Living
|
S
|
S
|
S
|
|
|
P U B L I C / C I V I
C
|
|
Bicycle
Sharing Facilities
|
P
|
P
|
P
|
88-322
|
|
Club,
Lodge, or Fraternal Organization
|
P
|
P
|
P
|
|
|
College/University
|
P
|
P
|
P
|
|
|
Day
Care
|
|
» Home-based (1–5)
|
P
|
P
|
P
|
|
|
» Family (up to 10)
|
P
|
P
|
P
|
|
|
» Group (up to 20)
|
P
|
P
|
S
|
|
|
» Center (21+)
|
P
|
P
|
S
|
|
|
Hospital
|
S
|
S
|
S
|
|
|
Library/Museum/Cultural
Exhibit
|
P
|
P
|
P
|
|
|
Mobile Vendor Park
|
P
|
P
|
-
|
88-358
|
|
Park/Recreation
(except as noted below)
|
P
|
P
|
P
|
|
|
» Community center
|
P
|
P
|
P/S
|
88-365
|
|
Religious
Assembly
|
P
|
P
|
P
|
|
|
Safety
Service
|
|
» Fire
Station
|
P
|
P
|
P
|
88-365
|
|
» Police Station
|
P
|
P
|
P
|
88-365
|
|
» Ambulance service
|
P
|
P
|
P
|
88-365
|
|
School
|
P
|
P
|
P/S
|
88-365
|
|
Utilities
and Services (except as noted below)
|
S[1]
|
S[1]
|
S[1]
|
|
|
» Basic, minor
|
P
|
P
|
P
|
88-425-08-B
|
|
C O M M E R C I A L
|
|
Adult
Business
|
|
» Adult media store
|
P[1]
|
P[1]
|
–
|
88-310-03
|
|
» Adult motion picture theater
|
P[1]
|
P[1]
|
–
|
88-310-02
|
|
» Sex shop
|
P[1]
|
P[1]
|
–
|
88-310-02
|
|
Animal
Service
|
|
» Sales and grooming
|
P
|
P
|
S
|
88-315
|
|
» Shelter or boarding
|
P
|
P
|
–
|
88-315
|
|
» Stable
|
–
|
S
|
–
|
88-315
|
|
» Veterinary
|
P
|
P
|
S
|
88-315
|
|
Artist
Work or Sales Space
|
P
|
P
|
P
|
|
|
Building
Maintenance Service
|
P
|
P
|
–
|
|
|
Business
Equipment Sales and Service
|
P
|
P
|
–
|
|
|
Business
Support Service (except as noted below)
|
P
|
P
|
–
|
|
|
» Day labor employment agency
|
–
|
S[1]
|
–
|
|
|
Communications
Service Establishments
|
P
|
P
|
–
|
|
|
Drive-Through
Facility
|
S[2]
|
S[2]
|
–
|
88-338 & 88-340
|
|
Eating
and Drinking Establishments (except as noted below)
|
P
|
P
|
P
|
|
|
» Tavern or nightclub
|
P
|
P
|
S
|
|
|
Entertainment
and Spectator Sports
|
|
» Indoor small venue (1–149 capacity)
|
P
|
P
|
S
|
|
|
» Indoor medium venue (150–499 capacity)
|
P
|
P
|
S
|
|
|
» Indoor large venue (500+ capacity)
|
S
|
S
|
S
|
|
|
» Outdoor (all sizes)
|
S
|
S
|
S
|
|
|
Financial
Services (except as noted below)
|
P
|
P
|
P
|
|
|
» Short-term loan establishment
|
–
|
P[1]
|
–
|
88-325
|
|
» Pawn shop
|
–
|
S[1]
|
–
|
|
|
Food
and Beverage Retail Sales
|
P
|
P
|
P
|
|
|
Funeral
and Interment Service
|
|
» Cemetery/columbarium/mausoleum
|
–
|
–
|
–
|
|
|
» Cremating
|
–
|
–
|
–
|
|
|
» Undertaking
|
P[2]
|
P[2]
|
–
|
88-345
|
|
Gasoline
and Fuel Sales
|
S[3]
|
S[3]
|
–
|
88-323
|
|
Lodging
|
|
» Bed and Breakfast
|
P
|
P
|
P
|
|
|
» Hotel/motel
|
P[2]
|
P[2]
|
S[2]
|
88-323
|
|
Office,
Administrative, Professional or General
|
P
|
P
|
P
|
|
|
Office,
Medical
|
P
|
P
|
P
|
|
|
» Blood/plasma center
|
S
|
S
|
–
|
|
|
Parking,
Accessory
|
P
|
P
|
P
|
88-323
|
|
Parking,
Non-accessory
|
S[1]
|
S[1]
|
S[1]
|
|
|
Personal
Improvement Service
|
P
|
P
|
P
|
|
|
Repair
or Laundry Service, Consumer
|
P
|
P
|
S
|
|
|
Research
Service
|
P
|
P
|
S
|
|
|
Retail
Sales
|
P
|
P
|
P
|
|
|
Reuse
of Officially Designated Historic Landmark (local or national) if
proposed use is not permitted
|
S
|
S
|
S
|
|
|
Sports
and Recreation, Participant
|
|
» Indoor
|
P
|
P
|
S
|
|
|
» Outdoor
|
S
|
S
|
S
|
|
|
Vehicle
Sales and Service
|
|
» Car wash/cleaning service
|
S[1]
|
S[1]
|
–
|
|
|
» Heavy equipment sales/rental
|
–
|
S[1]
|
–
|
|
|
» Light equipment sales/rental (indoor)
|
S[2]
|
S[2]
|
–
|
88-323
|
|
» Light equipment sales/rental (outdoor)
|
S[1]
|
S[1]
|
–
|
|
|
» Motor vehicle repair, limited
|
S[2]
|
S[2]
|
–
|
88-323
|
|
» Motor vehicle repair, general
|
–
|
S[2]
|
–
|
88-323
|
|
» Vehicle storage/towing
|
–
|
S[1]
|
–
|
88-375
|
|
I N D U S T R I A L
|
|
Manufacturing,
Production and Industrial Service
|
|
» Artisan
|
P
|
P
|
P
|
|
|
» Limited
|
S
|
S
|
S
|
|
|
» General
|
S
|
S[2]
|
–
|
88-323
|
|
Outdoor
Display
|
|
» Class A
|
P
|
P
|
P
|
88-435-02
|
|
Recycling
Service
|
|
» Limited
|
–
|
S[1]
|
–
|
|
|
Residential
Storage Warehouse
|
–
|
S[2]
|
–
|
88-323
|
|
Warehousing,
Wholesaling, Freight Movement
|
|
» Indoor
|
S[2]
|
S[2]
|
–
|
88-323
|
|
» Outdoor
|
–
|
S[2]
|
–
|
88-323
|
|
A G R I C U L T U R A
L
|
|
Agriculture,
Animal
|
–
|
P/*
|
–
|
Chapter
14
|
|
Agriculture,
Crop
|
P
|
P
|
P
|
88-312-01
|
|
Agriculture,
Urban
|
|
» Home Garden
|
P
|
P
|
P
|
88-312-02-A
|
|
» Community Garden
|
P
|
P
|
P
|
88-312-02-B
|
|
» Community Supported Agriculture (CSA) Farm
|
P
|
P
|
P
|
88-312-02-C
|
|
A C C E S S O R Y
|
|
Wireless
Communication Facility
|
|
» Freestanding
|
–
|
–
|
–
|
|
|
» Co-located antenna
|
P
|
P
|
P
|
88-385
|
|
Table 140-1
Manufacturing Districts Use Table
|
|
U S E G R O U P
(refer to 88-805 Use Groups and Categories)
|
Zoning District
|
Use Standards
|
|
Use Category
» specific use type
|
M1
|
M2
|
M3
|
M4
|
|
R E S I D E N T I A L
|
|
Household
Living
|
|
»
Single-family home
|
S
|
–
|
–
|
–
|
|
|
» In single-purpose residential building
|
P
|
S
|
–
|
–
|
|
|
» In mixed-use building
|
P
|
S
|
–
|
–
|
|
|
Group
living
|
S
|
–
|
–
|
–
|
|
|
P U B L I C / C I V I
C
|
|
Bicycle
Sharing Facility
|
P
|
P
|
P
|
P
|
88-322
|
|
Club,
Lodge, or Fraternal Organization
|
P
|
P
|
–
|
–
|
|
|
College/University
|
P
|
P
|
–
|
–
|
|
|
Day
Care
|
P
|
P
|
S
|
S
|
|
|
Detention
and Correctional Facilities
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
88-335
|
|
Halfway
House
|
S
|
S
|
S
|
S
|
88-352
|
|
Hospital
|
P
|
–
|
–
|
–
|
|
|
Park/Recreation
|
P
|
P
|
P
|
P
|
|
|
Religious
Assembly
|
P
|
P
|
P
|
P
|
|
|
Safety
Service
|
P
|
P
|
P
|
P
|
|
|
Schools
|
P
|
P
|
P
|
P
|
|
|
Utilities
and Services (except as noted below)
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
|
|
» Basic, minor
|
P
|
P
|
P
|
P
|
88-425-08-B
|
|
C O M M E R C I A L
|
|
Adult
Business
|
|
» Adult media store
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
88-310
|
|
» Adult motion picture theater
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
88-310
|
|
» Sex shop
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
88-310
|
|
Animal
Service
|
P
|
P
|
P
|
P
|
88-315
|
|
Artist
Work or Sales Space
|
P
|
P
|
P
|
P
|
|
|
Building
Maintenance Service
|
P
|
P
|
P
|
P
|
|
|
Business
Equipment Sales and Service
|
P
|
P
|
P
|
P
|
|
|
Business
Support Service(except as noted below)
|
P
|
P
|
P
|
P
|
|
|
»
Day labor employment agency
|
S[1]
|
S[1]
|
P[1]
|
P[1]
|
|
|
Communications
Service Establishments
|
P
|
P
|
P
|
P
|
|
|
Drive-through Facility
|
P[2]
|
P[2]
|
–
|
–
|
88-340
|
|
Eating
and Drinking Establishments
|
P
|
P
|
P
|
P
|
|
|
Entertainment
and Spectator Sports
|
P
|
S
|
S
|
–
|
|
|
Financial
Services (except as noted below)
|
P
|
P
|
P
|
P
|
|
|
» Pawn shop
|
P[1]
|
S[1]
|
S[1]
|
S[1]
|
|
|
» Short-term loan establishment
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
88-325
|
|
Food
and Beverage Retail Sales
|
P
|
P
|
P
|
P
|
|
|
Funeral
and Interment Service
|
|
» Cemetery/columbarium/mausoleum
|
–
|
–
|
–
|
–
|
|
|
» Cremating
|
P
|
P
|
P
|
P
|
|
|
» Undertaking
|
P
|
P
|
P
|
P
|
|
|
Gasoline
and Fuel Sales
|
P[3]
|
P[3]
|
P[3]
|
P[3]
|
88-323
|
|
Lodging
(except as noted below)
|
–
|
–
|
–
|
–
|
|
|
» Hotel/motel
|
S[1]
|
–
|
–
|
–
|
|
|
Mobile Vendor Park
|
P
|
-
|
-
|
-
|
88-358
|
|
Office,
Administrative, Professional or General
|
P
|
P
|
P
|
P
|
|
|
Office,
Medical
|
P
|
P
|
–
|
–
|
|
|
Parking,
Accessory
|
P
|
P
|
P
|
P
|
|
|
Parking,
Non-accessory
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
|
|
Personal
Improvement Service
|
P
|
P
|
P
|
P
|
|
|
Repair
or Laundry Service, Consumer
|
P
|
P
|
P
|
–
|
|
|
Research
Service
|
P
|
P
|
P
|
P
|
|
|
Retail
Sales
|
P
|
P
|
P
|
P
|
|
|
Reuse
of officially designated historic landmark (local or national) if proposed
use is not permitted
|
S
|
S
|
S
|
S
|
|
|
Sports
and Recreation, Participant
|
P
|
S
|
S
|
–
|
|
|
Vehicle
Sales and Service
|
|
»
Car wash/cleaning service
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
|
|
»
Heavy equipment sales/rental
|
P[1]
|
P[1]
|
P[1]
|
P[1]
|
|
|
»
Light equipment sales/rental (indoor)
|
P[2]
|
P[2]
|
–
|
–
|
88-323
|
|
»
Light equipment sales/rental (outdoor)
|
P[1]
|
P[1]
|
–
|
–
|
|
|
» Motor
vehicle repair, limited
|
P[2]
|
P[2]
|
P[2]
|
P[2]
|
88-323
|
|
» Motor vehicle repair, general
|
P[2]
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P[2]
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P[2]
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P[2]
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88-323
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» Vehicle storage/towing
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P[1]
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P[1]
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P[1]
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I N D U S T R I A L
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Junk/Salvage
Yard
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–
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–
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S[1]
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P[1]
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88-425-09
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Manufacturing,
Production and Industrial Service
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» Artisan
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P
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P
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P
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P
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» Limited
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P
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P
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P
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P
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» General
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S[2]
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P[2]
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P[2]
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P[2]
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88-323
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» Intensive
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–
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–
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P[1]
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P[1]
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Mining/Quarrying
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S
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S
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S
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S
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88-355
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Outdoor
Display
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» Class
A
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P
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P
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P
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P
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88-435-02
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» Class
B
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P
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P
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P
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P
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88-435-02
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Outdoor
Storage
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» Principal
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–
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–
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P[1]
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P[1]
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88-435-03
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» Accessory
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P[1]
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P[1]
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P[1]
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P[1]
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88-435-03
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Recycling
Service
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» Limited
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P[1]
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P[1]
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P[1]
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P[1]
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» General
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S
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S
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S
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P
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Residential
Storage Warehouse
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P[2]
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P[2]
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P[2]
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–
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88-323
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Warehousing,
Wholesaling, and Freight Movement
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» Indoor
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P[2]
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P[2]
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P[2]
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P[2]
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» Outdoor
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S[1]
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P[1]
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P[2]
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P[2]
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88-378
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Waste-Related
Use
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»
Composting Facility
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S[1]
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S[1]
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S[1]
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S[1]
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88-328
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» Demolition debris landfill
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S[1]
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S[1]
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S[1]
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S[1]
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88-380
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» Solid waste separation facility
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–
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–
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S[1]
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S[1]
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88-380
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» Transfer station
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–
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–
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S[1]
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S[1]
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88-380
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A G R I C U L T U R A
L
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Agriculture,
Animal
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P/*
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P/*
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P/*
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P/*
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Chapter
14
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Agriculture,
Crop
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P
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P
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P
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P
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88-312-01
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Agriculture,
Urban
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» Home garden
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P
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P
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P
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P
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88-312-02-A
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» Community garden
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P
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P
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P
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P
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88-312-02-B
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» Community supported agriculture (CSA) farm
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P
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P
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P
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P
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88-312-02-C
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A C C E S S O R
Y S E R V I C E S
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Wireless
Communication Facility
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» Freestanding
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P[1]
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P[1]
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P[1]
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P[1]
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88-385
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» Co-located antenna
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P
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P
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88-385
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88-205 OVERLAY DISTRICTS GENERALLY
Overlay districts are for areas of the city that have unique qualities
requiring special treatment or locations where special approaches to development may be warranted. They are established as a means of
addressing specific aspects of land use control or development design that
transcend base zoning district provisions. Overlay districts permit greater design
flexibility than otherwise permitted by the conventional standards of this
zoning and development code. As the name implies, overlay districts "over-lay" applicable base district
classification to alter some or all of the zoning regulations that apply to
particular sites. Overlay districts may be appropriate in areas where there are
natural resource considerations, where historic preservation is needed, where
there is the need to balance institutional development with the need to preserve surrounding neighborhoods,
to maintain community character, for infrastructure protection or to accomplish
city policy objectives for specific areas.
The
purpose of overlay districts is to allow the city to establish special land use
regulations, standards, or procedures in areas with unique land use, site
planning, building design or environmental resource issues. An overlay may
protect and preserve established character of existing areas of historical note
or architectural merit by limiting provisions of underlying base districts in order to more effectively match the density and intensity or established character of the area.
The overlay may control demolitions and regulate the preservation, restoration,
and rehabilitation of existing structures as well as the design of new infill construction. The
overlay may also be used to establish allowable land uses that are more prohibitive than the underlying
district and to establish specific design guidelines that are more detailed
than the standards of this zoning and development code. Overlay zoning
districts are intended to:
88-205-02-A.
Protect an area's rare, unique or distinctive character through the
use of development/design standards and guidelines to:
1.
encourage development that conforms to the size, orientation, and setting of existing buildings; and
2.
regulate building setbacks and orientation, lot dimension,
site/building design, and related physical characteristics that exemplify the
positive characteristics of an area;
88-205-02-B.
Reduce the need for zoning variances for development that conforms to the site, orientation, and setting
of existing buildings in an area;
88-205-02-C.
Conserve cultural resources, preserve historic resources, stabilize
property values, and reduce investment risks within an identified area;
88-205-02-D.
Maintain and promote the economic vitality of an area; and establish
development/design standards to implement an adopted neighborhood or area plan.
88-205-03-A. Overlay districts must
be established in accordance with the zoning map amendment procedures
of 88-515.
88-205-03-B.
Components that may be included in an overlay district ordinance are:
1.
purpose statement, tying the overlay to
the goals and objectives of the comprehensive plan, citing the public necessity
behind the intent and making a direct connection to protecting the public
health, safety, morals, general welfare, and aesthetics;
2.
location and area of applicability;
3.
spatial definitions, with rules for
spatial definition as simple and understandable as possible (Provide the
information in a way the public can understand. Use graphics as much as
possible);
4.
procedures for applications, specifying
any additional information needed to demonstrate compliance with the overlay
district regulations;
5.
special definitions, as needed;
6.
standards for review and approval to be
used by review and decision-making bodies;
7.
permitted, prohibited and special uses;
8.
review and decision-making bodies
charged with reviewing development applications and determining compliance with overlay district
regulations;
9.
appeals process; and
10.
variance and administrative adjustment
rules, if different for the overlay district.
88-205-03-C.
Multiple historic, neighborhood, and/or special review overlays may not
be designated over any individual property.
88-205-03-D.
Historic, neighborhood, and design review overlays and any associated
standards or guidelines must reflect the prevalent intensity and consistent
building design in the neighborhood, to ensure that new development reflects
the identifiable physical character of the area.
88-205-03-E.
Applications for establishment of a neighborhood conservation overlay
must be accompanied by the fee amount that has been established by the city
council. Application fees are nonrefundable 5 working days after application
filing, provided that the city planning and development director may grant a
partial refund for good cause shown by the applicant.
88-205-04 DESIGN GUIDELINES AND STANDARDS
88-205-04-A.
Overlay regulations may be used to replace all zoning or some of the base zoning restrictions.
It may also be used to enact new regulations for an area.
88-205-04-B.
An overlay may encompass one or more base zoning districts.
88-205-04-C.
When overlay district standards conflict with applicable base district
standards or other regulations of this zoning and development code, the
regulations of the overlay district always govern.
88-205-04-D.
When no special overlay district standards are specified, the base district standards
and all other applicable regulations of this zoning and development code will
govern.
88-205-04-E.
When development/design guidelines have been approved, each building permit
application for new construction or exterior alteration within the designed
overlay district must comply with those standards.
88-205-04-F.
Overlay district regulations may allow for the modification of any of the
following standards within the zoning and development code:
1.
land uses (principal or accessory);
2.
lot and building standards (e.g., density, lot area, setbacks, height);
3.
site design standards including building coverage; required open space; location of driveways,
parking pads, and garages;
4.
landscaping and buffering standards,
layout of public way, vehicular and pedestrian circulation patterns;
5.
sign standards;
6.
lighting standards; or
7.
other zoning-related standards
necessary to address unique zoning, platting or development features.
88-205-04-G. An overlay
district may allow for restrictions on building design or placement details,
including scale, mass, materials, and architectural style.
88-205-04-H.
Where appropriate, an overlay may require the application of specific design
guidelines in the review of development.
1.
Such guidelines must be established as
part of the overlay district at the time of adoption. The review process must be
included in the design guidelines.
2.
Guidelines for new infill construction
within an overlay district may be different than those for existing buildings.
88-205-05 AMENDMENT OR REMOVAL OF AN OVERLAY
An overlay district may be
amended or removed only in accordance with the zoning map amendment procedures
of 88-515.
88-205-06 VARIANCES AND ADMINISTRATIVE
ADJUSTMENTS
Within any established overlay
district, applicants may seek authorized zoning variances pursuant to 88-565 except as
modified by the provisions of this section but may not seek administrative
adjustments pursuant to procedures 88-570 unless
specifically permitted by the enabling overlay district ordinance.
88-205-07 DOCUMENTATION OF OVERLAYS
88-205-07-A.
Once an overlay district is approved by the city council, the city
planning and development department must amend the official zoning maps to
identify the overlay district boundaries and designation, together with the
underlying zoning designation.
88-205-07-B.
The city planning and development department must maintain a list of
established overlay districts by
type.
88-205-07-C.
|
Zoning Map
Symbol
|
District
Name
|
|
CXO
|
Adult Entertainment Overlay
|
|
SRO
|
Special Review Overlay
|
|
NCO
|
Neighborhood Character Overlay
|
|
PO
|
Pedestrian-Oriented Overlay
|
|
HO
|
Historic Overlay
|
|
Zoning Map
Symbol
|
Special
Character District Name
|
|
TCO
|
Troost Corridor Overlay
|
|
ICO
|
Independence Corridor Overlay
(pending)
|
88-210 CXO, ADULT ENTERTAINMENT
OVERLAY DISTRICT
The
purpose of the CXO, adult entertainment overlay district is to identify and
prescribe specific requirements and conditions for the location of certain
defined adult entertainment activities. The district is designed as an overlay
district in certain zoning districts based on the regional character of the
activities. Adult entertainment uses do not occur on a frequent basis and require separate
and specifically designed regulations for their development. Such adult
entertainment uses are recognized as having serious objectionable operational
characteristics, particularly if several of such uses are concentrated, thereby
having a deleterious effect upon adjacent areas. The location of such uses has
an additional deleterious effect upon adjacent areas and could contribute to
the blighting and downgrading of the surrounding neighborhood. The special
regulation of adult entertainment uses is necessary to ensure that the adverse
effect of such uses will not contribute to the blighting or downgrading of
surrounding neighborhoods, whether residential or nonresidential, by location
or concentration, and to ensure the stability of such neighborhoods.
88-210-02 ESTABLISHMENT OF CXO
OVERLAY DISTRICT
88-210-02-A.
The CXO overlay district may be established only in accordance with the zoning
map amendment procedure of 88-515, provided that the city
plan commission must recommend and the city council must find that:
1.
the proposed CXO district meets all
requirements of this zoning and development code without exception; and
2.
the proposed use to be constructed or
operated will neither negatively impact nor materially injure property within
1,000 feet of the proposed CXO district boundaries.
88-210-02-B.
No CXO district may be established without the submission and approval of a
development plan. Failure to comply with the development plan approved and
established as part of the CXO district is an express violation of this zoning
and development code, enforceable under 88-615.
88-210-02-C.
The CXO overlay district may be established only in combination with B4, DC,
M1, M2, and M3 districts.
88-210-02-D.
A CXO district may be established only if the boundaries of the district are at
least 1,000 feet from any church or place of worship, day care facility, public park, educational institution, library, museum, cultural
exhibit, community center, R district, AG-R district, children's amusement
park, or residential building.
88-210-03 LOCATION AND SITE
REQUIREMENTS
Any
adult cabaret, bathhouse, massage shop, or modeling studio must meet the
following location and site requirements:
88-210-03-A. Not
more than 2 adult businesses may be located within 1,500 feet of each other
(regardless of whether such uses are located in different zoning districts) as
measured in a straight line from the lot line of the affected properties;
provided, however, that the development plan that is approved with the
establishment of a CXO district may provide for multiple adult businesses
within the same facility.
88-210-03-B. All
access must be provided from a major thoroughfare.
88-210-03-C. The
property on which such use is located must have a minimum of 50 feet of street
frontage.
88-210-03-D. The
property on which the use is located must be screened by a solid masonry wall
at least 6 feet in height along the side and rear property lines, provided that
the parking lot may be screened by decorative fencing such as wrought iron or
brick and need not be screened by a solid masonry wall.
88-210-03-E. The
facility in which the use is located and the parking for such facility must
have a front setback of at least 20 feet, a minimum side setback of 10 feet,
and a minimum rear setback of 10 feet provided that where the use is proposed
in an existing building, the setback requirements need not be met.
88-210-03-F. Off-street
parking and landscaping requirements must be met, except that the
city council may approve a development plan that does not comply with the
off-street parking requirements when they determine that parking provided is
consistent with sound planning principles in consideration of anticipated use,
transit accessibility and off-site parking availability. The parking provided
on the development plan must remain available and will constitute a violation
if not provided.
88-210-03-G. The
facility in which the use is located and the parking for such facility must
have a front setback of at least 20 feet, a minimum side setback of 10 feet,
and a minimum rear setback of 10 feet provided that where the use is proposed
in an existing building, the setback requirements need not be met.
88-210-03-H. The
facility in which the use is located must be designed so that all openings,
entries and windows prevent view into such facilities from any sidewalk,
walkway, street, or other public area, provided that the development plan may
provide for openings into such facility where needed for security reasons if no
merchandise or pictures can be viewed from the openings.
88-210-03-I. The
facility in which such use is located is limited to one wall-mounted sign no
greater than one square foot of sign area per linear foot of wall length, not
to exceed a total of 50 square feet, provided that the city council may approve
the location of up to 3 signs that collectively may not exceed a total of 50
square feet in area. Signs may not flash, blink, or move by mechanical means
and may not extend above the roofline of the building. Further, no merchandise
or pictures of products or entertainment on the premises may be displayed in
window areas or any area where such merchandise or pictures can be viewed from
the sidewalk in front of the building. Flashing lights or lights that give the
impression of motion or movement are not permitted.
88-210-04 LOCATION OF USES OUTSIDE
CXO DISTRICT
No
adult cabaret, bathhouse, massage shop, or modeling studio is permitted except
within a CXO district. Motion picture arcade booths and motion picture arcade booth
establishments are expressly
prohibited in the CXO district and in all other zoning districts, regardless of
whether such uses are determined to be principal or accessory uses.
88-215 SPECIAL CHARACTER DISTRICTS GENERALLY
Special character overlay
districts are a means for incorporating various development and/or use
regulations across a specified area. These districts may be used to preserve
and promote the historic and/or unique character of neighborhoods, corridors
and commercial nodes.
88-215-02 SPECIAL CHARACTER DISTRICTS
88-215-02-A.
The TCO, Troost Corridor Overlay District, is intended to preserve
and maintain the urban fabric while promoting quality uses and businesses
desiring to improve the area, and to encourage appropriate redevelopment by
restricting certain land uses. The TCO is generally bounded by 22nd Street on
the north, Volker Boulevard/Swope Parkway on the south, and one-half block east
and west of Troost Avenue. (Ordinance No. 15081, adopted 07/16/2015).
88-215-02-B.
The ICO, Independence Corridor Overlay District, aims to promote design
excellence and walkability for the area. The ICO generally includes all parcels
on the Independence Corridor from Forest Avenue on the west to Ewing Avenue on
the east, and all parcels two blocks south of Independence Boulevard on Paseo
Boulevard, and two blocks south of Independence Boulevard on Prospect Avenue.
(Ordinance No. 160513)
88-220 SRO, SPECIAL REVIEW OVERLAY DISTRICT
88-220-01 PURPOSE
The SRO, Special Review overlay district is intended to:
88-220-01-A.
stabilize property values and reduce investment risks;
88-220-01-B.
maintain and promote the economic vitality of an area;
88-220-01-C.
encourage preservation of an area's rare, unique, or distinctive character; and
88-220-01-D.
otherwise promote the health, safety, morals, and general welfare of the city.
88-220-02 ESTABLISHMENT OF DESIGN
REVIEW COMMITTEE
88-220-02-A.
Every ordinance establishing a SRO district must provide for the creation of a
design review committee of no fewer than 5 members.
88-220-02-B.
The number of members on the committee and the specific scope of responsibility
for the committee must be set forth in the ordinance creating the SRO
districts.
88-220-02-C.
Members of the design review committee must be appointed by the mayor for a
term of 4 years.
88-220-02-D.
All voting members of the design review committee must be property owners or lessees, or the property owners' or lessees' employees,
except as provided in this section.
88-220-02-E.
The majority of the design review committee must be owners of property within
the SRO districts, or the employees of such property owners.
88-220-02-F.
If a property owner is a partnership or corporation, then any partner, member
of the board of directors, officer, or other entity authorized under the law is
eligible for membership.
88-220-02-G.
Nonvoting members who are representatives of the city and the community may
also be appointed by the mayor.
88-220-02-H.
At least one member of the design review committee must have a background in
architecture, urban design or city planning. The mayor may appoint any such
person as a voting member or nonvoting member of the committee; provided the
mayor may appoint only one such person as a voting member who is not an owner,
lessee, or employee within the district.
88-220-03 DESIGN STANDARDS AND
GUIDELINES
Every SRO district must be accompanied by design standards
and/or design guidelines that apply within the district. These standards and
guidelines must substantially comply with the comprehensive plan or
area plan for the area in which the SRO district is to be located.
88-220-04 DESIGN REVIEW
88-220-04-A. CITY PLAN COMMISSION RULES
The city
plan commission must adopt rules and regulations governing the procedure to be
followed for conducting the design review process in SRO districts.
88-220-04-B. APPLICABILITY
The design
review committee may review only exterior changes, visible from the public
right-of-way, to a building, structure, or element, including the following:
1. applications for building permits;
2. walls and fences;
3. painting or application of any treatment
that changes the color of a wall or other feature of the building visible from the street right-of-way,
including signs and graphics;
4. removal, replacement, or addition of wall
material, or work that alters the appearance of the building or exterior structure;
5. addition, removal or replacement of doors,
windows, awnings, or lighting fixtures; or
6. landscaping.
88-220-04-C. REVIEW BY CITY
PLAN COMMISSION
After
review by the design review committee, the city plan commission must review and
take action on all of the following:
1. any application that is denied by the
design review committee;
2. any application that seeks to vary or
modify any standard of this zoning and development code;
3. any application that has not been acted
upon by the design review committee within 30 days of receipt of a completed
application; and
4. any matter upon which a property owner or lessee claims that the design review
committee exceeded its authority.
88-225 NCO, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT
88-225-01 PURPOSE
Neighborhood
Conservation Overlay districts are used to identify sites and areas within the
city that represent clearly defined neighborhoods or commercial areas with
predominantly consistent historic or architectural character. Although
neighborhood overlay districts typically protect groups of buildings that
have some historical significance, historic preservation is not the only goal.
Neighborhood overlay districts seek to preserve an area's cultural,
architectural, and aesthetic ambience. The purpose of
the NCO, Neighborhood Conservation Overlay district, is to protect and preserve
the established character of existing neighborhoods by limiting the flexibility
of underlying base zoning to more effectively match the density, intensity or established character of an existing area.
The NCO district may also be used to establish specific design guidelines that
are more detailed than the standards of this ordinance.
88-225-02 APPLICATION FILING
88-225-02-A.
An NCO district application may be initiated by:
1. a petition requesting NCO district
designation signed by a simple majority (50 percent + 1 property owner) of the property owners within the proposed district; or
2. the city council or the city planning and
development director, acting on the city's behalf.
88-225-02-B. Each NCO district must be
established by a separate NCO district ordinance.
88-225-02-C. The standards or guidelines
proposed for the overlay must be included with the application for designation.
The associated standards and guidelines:
1.
Must reflect the prevalent
intensity and consistent building design in the neighborhood, to ensure that
new development reflects the identifiable physical character of the
area.
2.
May but are not required to
include design features (e.g., front porches, window style, color, etc.);
type/style of architecture; location, size, scale, and massing relative to
adjacent structures; and other features that specifically relate to the
district as a whole and any and all subdistricts being established.
3.
Must identify projects which may
be approved by the city planning and development director as described in 88-225-06 and projects which must be reviewed by the overlay
design review board.
88-225-02-D. The application must include or be
accompanied by the following:
1.
Application fee.
2.
Map showing the existing zoning and uses on all of the land in the area of request, and on all of
the land within 300 feet, including streets and alleys, measured from the boundary of the area of request.
3.
A list of the names and addresses of
all property owners in the area of request.
4.
A list of all neighborhood associations or other organizations representing the interests of property owners in the area
of request. This list should include information as the officers' names,
mailing addresses, and phone numbers.
5.
A statement of justification. This
statement should:
a.
point out the factors which render the
area of request eligible for NCO district classification; and
b.
explain in detail how and why such a
classification would be in the best interest of the city as a whole.
6.
A description of the prevalent architectural and cultural attributes of the area, supported by a map denoting examples of such
attributes.
7.
Any additional information that the
city planning and development director determines to be necessary competent and
sufficient review of the application.
88-225-03 DETERMINATION OF ELIGIBILITY
FOR NCO DISTRICT
88-225-03-A. In reviewing and making decisions on NCO
district applications, the city planning and development director, overlay
design review board, city plan commission, and city council must consider at
least the following factors:
1. conformance with adopted plans and
planning policies;
2. zoning and use of nearby property;
3. physical character of the area; and
4. the extent to which designation of the NCO
district will either improve or detrimentally affect nearby properties.
88-225-03-B. To be eligible for NCO district
classification, an area must satisfy all of the following criteria:
1. The area must contain at least one
blockface.
2. The area must be either "stable"
or "stabilizing."
3. The area must contain significant architectural, natural or cultural attributes.
4. The area must have a distinctive
atmosphere or character that can be conserved by protecting or enhancing its
architectural or cultural attributes.
5. The district must be a contiguous area of
at least 10 acres, provided that the overlay design review board may recommend
and the city council may approve an NCO district with less than 10 acres if the
city council determines that the area has an identifiable character and that an
NCO district will help stabilize the tax base, encourage investment, and
promote the preservation of architectural, natural and/or cultural resources.
88-225-04 DESIGNATION OF DISTRICT AND
SUBDISTRICT
NCO districts may be designated only in accordance with the
zoning map amendment procedures of 88-515, except as modified by the
provisions of this series.
88-225-04-A. An NCO district may be established
as one district or may be composed of various subdistricts that have certain
common requirements but differ in certain elements, while remaining
complementary to the district as a whole.
88-225-04-B. The designation of an NCO district
must include:
1. designation of a specific area by rezoning
as an overlay district (in the case of subdistricts, each subdistrict must be
separately described);
2. development of specific standards and guidelines
related to all or any of the standards for scale and form, facade composition, site design, intensity,
garages, and accessory structures, etc. applicable to the district as a
whole and to any subdistricts.
3. identification of uses, in the district as a whole or in any or
all subdistricts, that would otherwise be allowed in the underlying base zoning district but are prohibited in the NCO district or
one or more subdistricts as consistent with the purposes of the NCO district.
88-225-04-C. Applications initiated by petition for
NCO district designation must be submitted to the city planning and development
director.
1. The city planning and development director
must review NCO district applications for completeness and determine if
additional information is needed. The city has 28 days from the date the
application is submitted to determine whether it is complete. A determination
of completeness, however, does not preclude the city from requesting additional
information.
2. The city planning and development director
must determine the eligibility of an area being considered for NCO district
designation based on 88-225-03. If the city planning and development
director determines that the area is not eligible for NCO district designation,
the applicant must be notified of this fact in writing through the mail to the
address shown on the application. The decision of the planning and development
director that an area is not eligible for NCO district designation may be
appealed to the overlay design review board.
3. An appeal under 88-225-04-C.2 may be made
only by filing a written request with the city planning and development
director. The request must be filed within 30 days of the date of the decision
of the city planning and development director. In considering the appeal, the
sole factor to be considered is whether the city planning and development
director erred in their determination of eligibility. The overlay design review
board must consider the same standards that were required to be considered by
the city planning and development director in making their determination.
4. The overlay design review board's
determination of eligibility on appeal is final. If the board determines that
the area is not eligible for NCO district designation, no further applications
for NCO district classification may be considered for the area of request for 2
years from the date of its decision.
5. If the area is determined to be eligible
for NCO district designation, the city planning and development director must
schedule a public meeting for the purpose of informing property owners in the proposed district of the nature of
the pending request. The planning and development director must send notice of
the time and place of the meeting by mail to property owners within the
proposed district and registered neighborhood
organizations whose boundaries include all or a portion
of the proposed NCO district.
6. If the city planning and development
director determines the application is complete and the area is eligible, a
letter of completeness and eligibility must be issued to the applicant. The
decision of the city planning and development director that an area is eligible
for NCO district designation may not be appealed.
88-225-04-D. OTHER THAN
PETITION INITIATED APPLICATIONS
1. The city planning and development director
must determine the eligibility of the application area in accordance with 88-225-03 and prepare the application in accordance
with 88-225-02-D.
2. Once an area is determined eligible for
NCO district classification:
3. A public meeting must be scheduled to
inform property owners in the proposed district of the nature of the pending
NCO district request. The notice of the time and place of the meeting must be
mailed to all property owners and registered neighborhood
organizations in the proposed district.
4. Following the initial meeting, community
meetings must be held to receive input from property owners to determine the
characteristics of the neighborhood and regulations needed in the NCO district
ordinance to preserve those characteristics. Planning staff will work with the
neighborhood to create the standards and guidelines. A draft of the NCO
district ordinance will be made available for review.
88-225-04-E. HEARING,
RECOMMENDATION, AND FINAL ACTION
1. The overlay design review board must hold
a public hearing on the proposed NCO district ordinance and standards and
guidelines. Notices must be provided in accordance with 88-225-04. Following
the close of the hearing, the overlay design review board must act in
accordance with 88-605-05-F. to recommend to the city
plan commission that the application for NCO district designation be approved,
approved with modifications, or denied. The overlay design review board may
also act to continue the matter for further deliberation. If the overlay design
review board does not act on an application for NCO district designation within
60 days of the date of the public hearing, the proposed zoning amendment must
be forwarded to the city plan commission with no recommendation.
2. The hearing and recommendation by the city
plan commission must be in accordance with 88-515-06 except that the city plan
commission may return the application to the overlay design review board for
further consideration, together with a written explanation of the reasons for
doing so.
3.
The hearing and final
action by the city council must be in accordance with 88-515-07.
88-225-05 CERTIFICATE OF
APPROPRIATENESS APPROVAL PROCESS
88-225-05-A. All new construction, alternations to
existing structures, exterior work visible from a public street or alley, movement of structures into or out of a NCO district or
demolition of structures by any means or process is subject to design review
per the requirements of this article and the controlling NCO district
regulations. A certificate of appropriateness from the overlay design review board or city planning and
development director as appropriate must be obtained prior to the issuance of a
building permit.
88-225-05-B. No building or grading permit for
such exterior work may be issued unless the work described in or occasioned by
the permit conforms to all requirements of the controlling NCO district.
88-225-05-C. In order to ensure that the
proposal complies with controlling NCO district regulations, an applicant for
such certificate of appropriateness must:
1.
submit all required materials to the
city planning and development director as defined in the rules and regulations
of the overlay design review board; and
2.
receive approval of the plans or modify
the plans in accordance with the recommendations of the overlay design review
board or city planning and development director as appropriate. If the latter,
the plans must be resubmitted to the city planning and development director for
final approval prior to the issuance of the building permit.
88-225-06 ADMINISTRATIVE CERTIFICATES
OF APPROPRIATENESS
88-225-06-A. The city planning and development
director is hereby authorized to issue administrative certificates of appropriateness for projects within an NCO district without review by the
overlay design review board if the proposed scope of work is under the purview
of the city planning and development director as defined in a resolution
adopted by the overlay design review board consisting of the core members and
the neighborhood representatives of the designated NCO district.
88-225-06-B. The city planning and development
director may refer any project to the overlay design review board upon which it
might not otherwise act, due to the complexity of the project or uncertainty as
to its consistency with the district guidelines.
88-225-06-C. If the city planning and
development director refuses to approve the certificate of appropriateness, the
applicant may appeal to the overlay design review board and request an
interpretation of the regulation affecting the applicant.
88-225-06-D. For city planning and development
director certificate of appropriateness applications, public notice must be
mailed to the applicant, property owners of sites directly abutting the subject parcel(s), and the
site's NCO design review board district representatives no less than 7 days
prior to the scheduled date of determination. The notice must identify the
subject parcel, describe the request, and identify the date of director
determination on the administrative certificate of appropriateness application.
The notice must also identify the opportunity to provide input prior to the
determination and the right and rules to appeal the determination to the
overlay design review board.
88-225-06-E. The city planning and development
director must send a written report of all certificate of appropriateness applications submitted for staff approval along with
decision notation for each NCO district to the overlay design review board on a
monthly basis.
88-225-07
OVERLAY DESIGN REVIEW BOARD REVIEW CERTIFICATES OF
APPROPRIATENESS
88-225-07-A. PUBLIC
HEARING NOTICE
Notices of public hearing must be provided in accordance
with 88-515-04.
88-225-07-B.
HEARING AND FINAL DECISION
1. The overlay design review board must hold at least one
public hearing on all certificate of appropriateness applications that are not eligible for staff approval.
Following the close of the hearing, the board must act, in accordance with 88-605-05-F to approve, approve with modifications,
or deny the application.
2. In the event of a tie vote or the
inability of the overlay design review board to act on a certificate of
appropriateness application under this section, the application will be deemed
to have been denied.
3. The overlay design review board must enter
its order and record in writing its decision and the facts upon which its
decision were based. An order of approval must describe in detail the work that
was approved, the approved materials, and the approved manner of carrying out
the work.
88-225-07-C.
The overlay design review board may grant a rehearing if the rehearing request
includes new evidence to be presented that was not available at the time of the
original hearing. The request for a rehearing must be made within 30 days of
the date of the overlay design review board's original action. No more than one
rehearing is permitted.
88-225-07-D.
Appeals from certificate of appropriateness application decisions of the overlay
design review board may be made to the board of zoning adjustment in accordance
with 88-575.
88-225-08 FAILURE TO COMPLY
Any person who violates the provisions of the controlling
NCO district ordinance once established will be deemed in violation of this
zoning and development code and the penalties and enforcement procedures set
forth in 88-615 will apply.
88-225-09 LAPSE OF APPROVAL
Unless the applicant submits a fully completed building
permit application necessary to bring about the approved project, or if no
building permit application is required, substantially commences the approved
project within 18 months from the date of approval, staff approval, overlay design review, or board of zoning
adjustment approval will expire and be null and void. For the purposes of this
section, the date of approval is the date on which the written notification is
mailed to the applicant.
88-225-10 REVIEW OF NCO DISTRICT REGULATIONS
Five years after the enactment of an NCO district and every
5 years thereafter, the city planning and development director must review the
appropriateness of the NCO district regulations and recommend changes,
modification, or termination of the regulations to the overlay design review
board if appropriate.
88-225-11 CHANGE, MODIFY, OR TERMINATE
NCO DISTRICT
An application to change, modify, or terminate an approved
NCO district must be filed with the city council. The process for approving or
disapproving all proposed changes, modifications, and terminations must be in
accordance with the procedures of 88-225-04-E.
88-230 PO, PEDESTRIAN-ORIENTED OVERLAY
88-230-01 PURPOSE
The regulations of this article are primarily intended
preserve and enhance the character of pedestrian-oriented streets and, in turn, to promote street-level activity, economic
vitality, and pedestrian safety and comfort.
88-230-02 APPLICABILITY
The standards of this article apply to all development in PO districts unless otherwise expressly stated.
88-230-03 STANDARDS
88-230-03-A. BUILDING PLACEMENT
1. Buildings must abut the sidewalk or be
located within 5 feet of the sidewalk along front property lines.
2. These building placement standards do not apply to
permitted arcades, public plazas or parks, or recessed entries.
3. Detached houses are exempt from these building placement
standards.
88-230-03-B. GROUND-FLOOR
TRANSPARENCY
1. At least 60% of the street-facing building facade between 4 feet and 10 feet above the
sidewalk must be comprised of windows that allow views of indoor commercial
space or product display areas. On corner lots, this 60% transparency requirement applies
only along one street. The minimum transparency standard abutting secondary streets is 40%.
2. Display windows that do not provide views into the
interior of the building may be counted towards satisfying up to 50% of the
minimum transparency requirements, provided that they are internally
illuminated and are at least 2 feet in depth.
3. The bottom of any window or product display
window used
to satisfy these transparency requirements may not be more than 4.5 feet above
the adjacent sidewalk.
88-230-03-C. DOORS
AND ENTRANCES
1. Buildings must have a working public
entrance door facing the street. Entrances at building corners may be used to
satisfy this requirement.
2. Building entrances may include doors to
individual shops or businesses, lobby entrances, entrances to
pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or
businesses.
88-230-03-D.
PARKING
1.
No off-street parking is required for
nonresidential uses unless such uses exceed 4,000 square feet of gross
floor area, in which case off-street parking must be provided for the floor
area in excess of 4,000 square feet (see 88-420 for off-street parking ratios).
2.
Any off-street parking that is
provided must be located behind the building or within or under the building.
3.
When the depth of the lot is
insufficient to permit required parking to the rear of the building, parking
may be located to the side of the building, provided that it does not occupy
more than 50% of the street frontage and it is screened from view of the street by a brick
wall, wrought-iron or decorative fence, or landscaping between 18 and 42 inches
in height. Chain link fences are prohibited.
88-230-03-E.
DRIVEWAYS AND VEHICLE ACCESS
Driveways and vehicle access, when
provided, must come from an alley or side
street if either is present.
88-230-03-F.
SIGNS
All signs in P/O district must comply with the
standards of 88-445-09.
88-230-03-G. GROUND FLOOR
COMMERCIAL FLOOR SPACE
All
buildings constructed in the PO district must comply with the following ground
space requirements:
1. The minimum floor-to-ceiling height of all
ground floor space in the building must be at least 13 feet.
2. Commercial and other nonresidential uses
allowed in the subject zoning districts must occupy at least 800 square feet or
50% of the building's ground floor area, whichever is greater.
88-235 HO, HISTORIC OVERLAY DISTRICT
88-235-01 PURPOSE
Historic Overlay districts are
used to identify sites and areas within the city with structures and
groupings of structures that are of historic, stylistic or thematic
significance, as identified by historic resources surveys. The HO, Historic Overlay district is intended to help
protect, preserve, and enhance places, districts, sites, buildings, structures, and other features having a special historical,
architectural, cultural, or aesthetic value. The HO district is further
intended to:
88-235-01-A. stimulate revitalization and
preservation of the residential, civic, and business areas;
88-235-01-B. promote economic progress through
heritage tourism;
88-235-01-C. provide for the designation,
protection, preservation, rehabilitation, and restoration of historic districts
and properties; and facilitate the city's efforts to participate in federal or
state historic preservation programs.
88-235-02 EFFECT
The HO district is an overlay zoning classification that
establishes additional restrictions and standards on those uses permitted by the underlying zoning district. In the
event of conflict between the overlay zoning district regulations and the
regulations of the underlying zoning district, the overlay zoning regulations
govern. In all other cases, both the overlay zoning and underlying zoning
regulations apply.
88-235-03 USES
The use regulations of the underlying zoning district
govern. The HO district does not impose any additional use restrictions.
88-235-04 DEVELOPMENT/DESIGN STANDARDS
In establishing an HO district, the historic preservation
commission and city plan commission are authorized to propose and the city
council is authorized to adopt, district-specific development and design standards to guide development and redevelopment within the subject HO district.
When development and design standards have been approved, each application for
new construction or alteration of an existing building within the designated HO
must comply with those standards. When there are conflicts between the
standards of the underlying base zoning district and adopted HO district design/development standards,
the HO design/development standards will govern.
88-235-05 ESTABLISHMENT OF HO DISTRICT
Historic Overlay districts may be established only in accordance with the procedures
of 88-580.
88-235-06 REQUIREMENT FOR A CERTIFICATE
OF APPROPRIATENESS
The review and approval procedures and criteria for Certificate of Appropriateness are specified in 88-585.
88-270-02-A. USES PERMITTED SUBJECT TO development
PLAN APPROVAL
The
following uses are permitted as-of-right in the
AG-R district, subject to development plan review and approval in accordance
with 88-517.
1.
Utilities and Services
2.
Funeral and Interment Service
(cemetery/columbarium/mausoleum only)
3.
School
4.
Religious Assembly
5.
Park/Recreation
6.
Sports and Recreation, Participant
(Outdoor)
7.
Entertainment and Spectator Sports
8.
Lodging (camp grounds only)
9.
Animal Service (veterinary only)
10.
Horticultural services
11.
Nurseries for trees, plants, and shrubs
including retail sale when grown on the premises
12.
Mining and quarrying, subject to
88-355 (asphalt plants and concrete mixing plants may be allowed as accessory uses)
13.
Wireless communication facilities,
subject to 88-385.
88-270-02-B. USES PERMITTED WITHOUT development
or project PLAN APPROVAL
The following uses are permitted as of right in the AG-R.
1.
Detached houses
2.
Orchards
3.
Agriculture, Crop or Animal
4.
Agricultural services, such as grist
milling, corn shelling, hay baling and threshing services
5.
Sorting, grading, and packaging of
fruits and vegetables and retail fruit and vegetable stands for products grown
on the premises
6.
Animal Services, Stables
88-270-02-C. Uses not expressly permitted or
authorized by the city planning and development director as similar uses are
prohibited in the AG-R district.
88-270-02-D.
SPECIAL STANDARDS ADJACENT TO PARKS, BOULEVARDS AND PARKWAYS
RESERVED
88-310-04 MOTION PICTURE ARCADE
BOOTHS
Motion
picture arcade booths and motion picture arcade booth
establishments are expressly
prohibited in the CXO district and in all
other zoning districts, regardless of whether such uses are determined to be principal or accessory uses.
88-323
BOULEVARD AND PARKWAY STANDARDS
88-323-01-A. APPLICABILITY
1. Generally. Boulevard
and Parkway standards apply to all development adjacent to and within 150 feet
of a boulevard or parkway classified as part of the Kansas City, Missouri
Boulevard and Parkway system and identified on the Major Street Plan. The
150-foot distance is measured from the nearest edge of the right-of-way of the
boulevard or parkway to the nearest property line of the lot occupied by or
proposed to be occupied by the regulated use or development. The standards
apply, however, only to that portion of the adjacent property (parcel or lot)
located within 150 feet of the boulevard or parkway.
88-323-02 NON-RESIDENTIAL
DEVELOPMENT
88-323-02-C.
LANDSCAPING AND SCREENING
1. Landscaping and screening shall be in
accordance with 88-425.
2. Any fencing that is visible from the
boulevard or parkway shall be 80% transparent and constructed of high quality,
permanent materials. Maximum height shall be 6 feet in the rear and 4 feet in
the side. No fencing shall extend beyond the front building line.
Fencing must be of steel, iron, concrete, stucco, stone, brick or other
acceptable material. Wood picket or stockade fencing is not permitted. Chain
link fencing is not permitted, except for the enclosure of a public playfield
or a school playfield.
3. Dumpsters, mechanical equipment and
utility cabinets shall be screened in accordance with 88-425-08 and subject to
further regulation as follows. Above ground utility cabinets shall be
located a minimum of 50 feet from the right-of-way line of the boulevard or
parkway. Building mounted equipment shall not be located on the
building facade facing the boulevard or parkway.
4. Outdoor storage is permitted as an
accessory use in the B4 and M districts, allowed on a facade not facing the
boulevard or parkway and further subject to 88-425-09.
88-358 MOBILE
VENDOR PARKS
Mobile
Vendor Parks are allowed on private property in B3, B4, M1, DC and DX districts
subject to the following, in addition to any conditions imposed as a part of
the approval process.
88-358-02 temporary
mobile vendor parks
The
following are considered temporary mobile vendor parks and shall be approved in
accordance with 88-370:
88-358-02-A. Mobile vendor parks operating for a
period of 45 consecutive days or less. No more than two temporary use permits
for a mobile vendor park shall be approved per year.
88-358-02-B.
One mobile food vendor operating on a lot for a period of 46 days or more.
Temporary use permits for one mobile food vendor on a lot may be approved for
up to one year and may be renewed annually.
88-358-03 LONG-Term
mobile vendor parks
Mobile vendor parks with two or
more vendors operating for a period of 46 days or more require project plan
approval in accordance with 88-516 and are subject to the following standards:.
88-358-03-A.
Each mobile vendor shall have 900 square feet of dedicated space.
88-358-03-B.
Vehicular use areas shall be paved in accordance with 88-420 and shall be
screened in accordance with 88-425.
88-358-03-C.
All signs advertising individual mobile vendors shall be physically attached to
the commercial vehicle from which they operate.
88-358-03-D.
All food and drinks shall be served from a mobile vendor. All sales and
services shall take place within the mobile vendor. No goods or services may be
sold or provided from freestanding tents or tables.
88-358-03-E.
Mobile vendors are allowed on a lot with a permanent principal building. No
required parking area may be used for the parking and operations of a mobile
vendor.
88-370-04 AUTHORIZED USES
The
following may be approved as temporary uses when the city planning and development director or other
authorized decision-making body determines that the operation of such use will
be generally compatible with surrounding uses and will not be detrimental to public safety:
88-370-04-A.
Christmas tree and similar holiday sales lots;
88-370-04-B.
Outdoor carnivals;
88-370-04-C.
Outdoor concerts and festivals;
88-370-04-D.
Outdoor religious revivals;
88-370-04-E.
Construction yards and offices;
88-370-04-F.
Temporary sales facilities;
88-370-04-G.
Auctions;
88-370-04-H.
Mobile Vendor Parks; and
88-370-04-I. Similar uses and activities.
Unless otherwise allowed by this
code, temporary uses may be permitted for a maximum of 45 days unless the
city planning and development director expressly approves a longer time limit.
Upon expiration of a temporary use permit, another permit for the same premises
may not be obtained for at least 30 days. The applicant must submit a written
explanation of the length of time needed for the temporary use.
88-420-12 VEHICULAR USE AREAS IN
RESIDENTIAL DISTRICTS
88-420-12-B.
LOCATION AND DESIGN
4.
Properties zoned AG-R, R-80, R-10 with
an area of at least 3 acres may have a gravel driveway and residential parking
spaces if the following are met:
a)
Any driveway and/or parking space must
be paved for the first 25 feet from the right-of-way.
b)
The surface of the driveway and
residential parking space must meet the
requirements of 88-420-15-M.
88-420-15 PARKING AREA DESIGN
88-420-15-A. PARKING SPACE
DIMENSIONS
1.
A parking space shall provide for the
following in length and width for space:
|
Table 420-6
Minimum Parking Space
Dimensions
|
|
Length
|
Width
|
|
Standard
|
|
18 ft.
|
8.5 ft.
|
|
Small Car
|
|
15 ft.
|
7.5 ft.
|
88-445-09 SIGNS IN THE PO,
PEDESTRIAN-ORIENTED OVERLAY DISTRICT
Three wall signs are permitted per building elevation,
covering a maximum of 10 percent of the total wall area including the area of
all awning, canopy, marquee, and under-marquee signs. Wall signs may be internally or
externally illuminated and must comply with the standards of 88-445-08-C.
Awning, canopy, marquee, and
under-marquee signs are permitted, and are included in the maximum area allowed
for wall signs. Such signs may be internally or externally illuminated and must
comply with 88-445-08-D.
One projecting sign is allowed per building wall, in lieu
of one permitted wall sign. If mounted perpendicular to the building wall, the
sign must not exceed 12 square feet in area; if mounted radially on a building
corner, it must not exceed 40 square feet in area. The sign may not exceed 50
percent of its projecting distance in thickness.
Projecting signs may be
internally or externally illuminated, and may not project more than 4 feet from
the building face, with a minimum clearance of 8 feet. On
building corners, the sign may project no more than 5 feet. Projecting signs
must comply with 88-445-08-E.
Incidental signs are permitted in the district,
according to the standards of 88-445-08-G
Business advertising signs are prohibited on premises
occupied as residential, institutional, or noncommercial use; in buildings of mixed occupancy, business advertising
signs are allowed on or below any level of the building occupied by a commercial use.
Monument signs, electronic, digital, and motorized signs, changeable copy panels, and outdoor advertising signs are prohibited in this district.
88-570-04
REVIEW AND DECISION–CITY PLANNING AND DEVELOPMENT DIRECTOR
The
city planning and development director must review each application for an
administrative adjustment and act to approve the application, approve the
application with conditions, deny the application, or refer the application to
the board of zoning adjustment. The city planning and development director's
decision to approve or deny must be based on the approval criteria of 88-570-05. If referred to the
board of zoning adjustment, the matter must be processed as a zoning variance
request in accordance with 88-565.
88-580 HISTORIC DESIGNATIONS
88-580-01-A. APPLICATION
FILING
- Applications for
designation of historic districts, landmarks, or overlay zoning districts
(collectively referenced as HO districts) may be made by the owner(s) of
record of the subject property, any other person or organization with the
full consent and written approval of the owner(s) of record of a subject
property, a member of the historic preservation commission, a member of
the city council, the neighborhood association for the area in which that
property is located, a historic preservation organization, or any other
person or organization where at least 51% of the owners of the affected
parcels in a proposed district do not object to the nomination (exclusive
of all publicly owned property, streets, and alleys).
- Complete
applications for designation of HO districts must be filed in the office
of the historic preservation commission. Applications must contain a
legal description of the property and a statement describing its historic,
cultural, aesthetic, or architectural significance.
- The city planning
and development director shall notify the owner of any property within a
proposed HO district application, if such person is different than the
applicant. This notification shall be done within 14 calendar days of the
application date for the HO district nomination. The notification of the
property owner shall include the following:
- a copy of the
application that was made for the nomination;
- an explanation of
the nomination procedure for HO district and the consequential property
restrictions;
- an explanation
stating that the property owner has the right to appear at the scheduled
public hearing at which the nomination will be considered and the date of
the hearing; and
- an explanation
stating that the property owner has the right to submit documentation
either for or against the nomination.
- Interim Control
Once an application has been filed, no building permit for
alteration, construction, demolition, or removal of a property being considered
for designation under an application for an HO district may be issued until the
historic preservation commission has dismissed or denied the application for
designation, or until the city council has denied designation in accordance
with the procedures established in 88-580-01-C. and 88-580-01-E., though no
stay on the issuance of a permit may be for more than six months from the
filing of the application. No permit may be stayed in the following
circumstances:
- The building has
been declared dangerous according to the procedures established in
Chapter 56, Article V.
- The director of
city planning and development determines that the property does not meet
the minimum requirements for historic designation under 88-580-01-F. and
under the rules and regulations of the historic preservation commission.
An applicant or owner may appeal the director's determination to the
historic preservation commission at the next regular or special meeting.
If the commission determines that there is merit to the application by a
majority vote of those present, then the application will proceed under
the procedures set in 88-580-01.
5.
During this period of
interim control, the applicant for the permit or property owner shall have the
opportunity to explain to the historic preservation commission the reasons why
a building permit should be issued promptly, and the commission may grant
approval for a building permit in this interim period. Additionally, the city
council may authorize such alteration, construction, demolition, or removal by
adopting a formal resolution declaring that the proposed work is necessary for
the public health, welfare, or safety.
- Consideration of
Application
The historic preservation commission must hold a public
hearing on the proposed nomination within 45 days of receipt of the application
and must render a decision concerning the merits of the application within 90
days of the receipt of the application, which may be extended with the
agreement of the owner of the property.
- The director of
city planning and development may extend any of the time limits in this
section 88-580-01-A. for up to 90 additional days for good cause shown.
88-580-01-B. NOTICE OF
HEARING
a. REQUIRED NEWSPAPER NOTICE
Notice of required public hearings on
proposed designation of historic districts, landmarks, or overlay zoning
districts (HO districts) must be published in the newspaper at least 15 days
before the date of the public hearing. See 88-505-07.
b. REQUIRED MAIL NOTICE
Notice of required public hearings must be
mailed at least 13 days before the scheduled hearing to the subject property
owner, any registered neighborhood
organization, and/or
registered civic organization whose boundaries include the subject
property, and all owners of property within 300 feet of the
subject property. See 88-505-07. The mailed notice shall provide contact
information sufficient for those interested to determine when the city council
will hold its hearing on the designation.
88-580-01-C. HEARING AND RECOMMENDATION – HISTORIC
PRESERVATION COMMISSION
1.
The historic
preservation commission must hold at least one public hearing on the
designation of historic districts, landmarks, or overlay zoning districts (HO
districts). Following the close of the hearing, the historic preservation
commission must act to recommend that the proposed designation be approved,
approved with modifications, continued
for further deliberation, forwarded to the city plan commission with no
recommendation, or denied. Five affirmative votes are required to recommend
approval or approval with modifications. A majority of those present is
required to continue for further deliberation, forward to the city plan
commission with no recommendation, or deny the application.
2. The historic preservation commission may
grant a rehearing if the rehearing request includes new evidence to be
presented that was not available at the time of the original hearing. The
request for a rehearing must be made within 30 days of the date of the historic
preservation commission's original action. No more than one rehearing is
permitted.
3.
The findings of the historic preservation commission, must
be forwarded to the city plan commission and city council for review.
4.
In reviewing and making decisions
on proposed historic landmark and historic district designations, the historic
preservation commission must consider at least the following factors:
a. the criteria used in determining eligibility for
listing on the U.S. Department of Interior's National Register of Historic
Places, including the historic, cultural, aesthetic, or architectural
significance of the building, structure, site, object, or district; and
b.
conformance with the city's adopted plans and planning policies;
c.
the economic impact of the designation on the subject property and the
surrounding area.
88-580-01-D. HEARING AND RECOMMENDATION—CITY PLAN
COMMISSION
1. The city plan commission must hold at
least one public hearing on all historic district, landmark, or overlay zoning
district (HO) designation applications forwarded by the historic preservation
commission. Following the close of the hearing, the city plan commission must
act by simple majority vote to recommend that the proposed designation be
approved, approved with modifications, or denied. The city plan commission may
also act to continue the matter for further deliberation.
2.
In reviewing and making decisions
on proposed historic landmark and historic district designations, the city plan
commission must consider at least the following factors:
a.
the criteria used in determining eligibility for listing on the U.S.
Department of Interior's National Register of Historic Places, including the
historic, cultural, aesthetic, or architectural significance of the building,
structure, site, object, or district;
b.
conformance with the city's adopted plans and planning policies; and
c.
the economic impact of the designation on the subject property and the
surrounding area.
88-580-01-E. HEARING AND FINAL ACTION—CITY COUNCIL
1. After receiving the recommendation of the
historic preservation commission and the city plan commission, the city council
may convene its own public hearing on the proposed historic district, landmark,
or overlay zoning district (HO) designation.
2. Following the close of the public hearing,
the city council may act to approve the proposed designation, approve the
designation with modifications, or deny the designation.
3. The city council may act by a simple
majority vote, except when a valid protest petition of HO zoning designation
has been submitted in accordance with 88-515-09,
approval or approval with modifications requires a 2/3 majority vote of the full
membership of the city council.
4. Immediately upon passage of an ordinance
designating a particular site as an historic landmark or historic district,
notice of designation must be provided to the city planning and development
director.
5. Once designated by city council, the
historic district, landmark, or overlay zoning district (HO) designation will
remain in place until such designation is officially revoked. Upon designation,
a certificate of appropriateness is required in accordance with 88-585 for any
exterior alterations or material changes visible from any public place or right
of way.
88-580-01-F. REVIEW CRITERIA FOR CITY COUNCIL
In reviewing
and making decisions on proposed historic landmark and historic district
designations, the city council must consider at least the following factors:
1.
the criteria used in determining
eligibility for listing on the U.S. Department of Interior's National Register
of Historic Places, including the historic, cultural, aesthetic, or
architectural significance of the building, structure, site, object, or
district;
2.
the economic impact of the
designation on the subject property and the surrounding area;
3.
conformance with the city's
adopted plans and planning policies; and
4.
the recommendations of the
historic preservation commission and the city plan commission.
88-580-02 REVOCATION OF HISTORIC
LANDMARK OR HISTORIC DISTRICT DESIGNATION
88-580-02-A. APPLICATION
FILING
Complete
applications for official revocation of historic landmark or historic district designation
must be filed with appropriate personnel in the office of the historic
preservation commission. Applications must contain a legal description of the
property and a statement describing why the historic designation should be
revoked.
88-580-02-B. NOTICE OF
HEARING
1.
REQUIRED NEWSPAPER NOTICE
Notice of required public hearings on proposed revocation
of historic landmark or historic district designations must be published in the
newspaper at least 15 days before the date of the public hearing. See 88-505-07.
2.
REQUIRED MAILED NOTICE
Mailed notice must be provided to the subject property
owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and to
all owners of property within 300 feet of the subject property.
See 88-505-07.
88-580-02-C. HEARING AND
RECOMMENDATION—HISTORIC PRESERVATION COMMISSION
1.
The historic preservation commission
must hold at least one public hearing on the revocation of historic landmark or
historic district designations. Following the close of the hearing, the
historic preservation commission must act to recommend that the proposed
designation be revoked or retained. Five affirmative votes are required to
recommend revocation of an historic designation.
2.
The historic preservation commission
may grant a rehearing if the rehearing request includes new evidence to be
presented that was not available at the time of the original hearing. The request
for a rehearing must be made within 30 days of the date of the historic
preservation commission's original action. No more than one rehearing is
permitted.
3.
The recommendation of the historic
preservation commission, whether for revocation or retention, must be forwarded
to the city plan commission and city council for review.
88-580-02-D. HEARING AND
RECOMMENDATION–CITY PLAN COMMISSION
The
city plan commission must hold at least one public hearing on all historic
landmark or historic district revocation applications forwarded by the historic
preservation commission. Following the close of the hearing, the city plan
commission must act by simple majority vote to recommend that the proposed
historic landmark or historic district designation be revoked or retained. The
city plan commission may also act to continue the matter for further
deliberation.
88-580-02-E. HEARING AND
FINAL ACTION–CITY COUNCIL
1.
After receiving the recommendation of
the historic preservation commission and the city plan commission, the city
council may convene its own public hearing on the proposed historic landmark or
historic district revocation.
2.
Following the close of the public
hearing, the city council may act to approve the proposed revocation or retain
the historic landmark or historic district designation.
3.
The city council may act by a simple
majority vote, except when a valid protest petition of HO zoning revocation has
been submitted in accordance with 88-515-09, approval or approval
with modifications requires a 2/3 majority vote of the full membership of the
city council.
88-580-02-F. REVIEW CRITERIA
In
reviewing and making decisions on proposed historic district, landmark and HO
designations, and proposed revocations of such designations, review and
decision-making bodies must consider at least the following factors:
1.
the criteria used in determining
eligibility for listing on the U.S. Department of Interior's National Register
of Historic Places, including the historic, cultural, aesthetic or
architectural significance of the building, structure, site, object or district;
2.
whether the historic landmark or
historic district has lost the historic, cultural, aesthetic or architectural
significance that led to its initial designation as a historic landmark or
historic district;
3.
the economic impact of the revocation
on the subject property and the surrounding area; and conformance with the
city's adopted plans and planning policies.
88-610-05
NONCONFORMING STRUCTURES
88-610-05-A. DESCRIPTION
A nonconforming structure is any building or structure, other than a sign, that was lawfully
established but no longer complies with this zoning and development code.
Nonconforming structures may remain, subject to the regulations of this
section.
88-610-05-B. ALTERATIONS
AND EXPANSIONS
Structural
alterations, including enlargements and expansions, are permitted if the
proposed structural alteration or expansion complies with all applicable lot and
building standards. For example, a building with a nonconforming front setback may be expanded to the rear as long as such rear
expansion complies with applicable rear setback standards and all other applicable lot and building
standards. However, this provision would not allow a nonconforming
ground floor setback to be applied to new vertical construction,
88-620-A. SUBDIVISION REGULATION
FEES
1. Preliminary plat. The fee for the filing of the
preliminary plat shall be:
a.
For residential, a base charge of $389.00 plus $4.00 per residential unit, not
to exceed $1,295.00
b.
For applications revising an area of an approved preliminary plat, a base
charge of $389.00 plus $4.00 per unit of the area to be amended, not to exceed
$1,295.00
c.
For nonresidential, a base charge of $389.00 plus $62.00 per acre or fraction
thereof, not to exceed $1,295.00
d.
For applications revising an area of an approved preliminary plat, a base
charge of $389.00 plus $62.00 acre of the area to be amended, not to exceed
$1,295.00
2. Final plat. The fee for filing the final plat shall
be:
a.
For residential, a base charge of $389.00 plus $4.00 per residential unit, not
to exceed $1,813.00
b.
For nonresidential, a base charge of $389.00 plus $31.00 per acre or fraction
thereof, not to exceed $1,813.00
3. Minor Subdivisions:
a.
Lot Split:
1. For residential:
$207.00 plus $3.00 per lot/unit