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Legislation #: 160759 Introduction Date: 10/6/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
10/3/2016 Filed by the Clerk's office
10/6/2016 Referred to Planning, Zoning & Economic Development Committee
10/19/2016 Advance and Do Pass as a Committee Substitute, Debate
10/20/2016 Passed as Substituted

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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88-420-15, 88-445-09, 88-570-04, 88-580, 88-610-05, 88-620, 88-805-04-I., 88-810-1860, 88-810-2120, are hereby repealed and new sections of like number and title are hereby enacted; and that new Sections 88-22; 88-215; 88-358; 88-810-886; 88-810-1035; 88-810-1106; 88-810-1238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

88-110-01 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

 

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]

P[2]

P[2]

P[2]

88-323

   » Vehicle storage/towing

P[1]

P[1]

P[1]

P[1]

 

I N D U S T R I A L

Junk/Salvage Yard

S[1]

P[1]

88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S[2]

P[2]

P[2]

P[2]

88-323

   » Intensive

P[1]

P[1]

 

Mining/Quarrying

S

S

S

S

88-355

Outdoor Display

   »  Class A

P

P

P

P

88-435-02

   »  Class B

P

P

P

P

88-435-02

Outdoor Storage

  »  Principal

P[1]

P[1]

88-435-03

  »  Accessory

P[1]

P[1]

P[1]

P[1]

88-435-03

Recycling Service

   » Limited

P[1]

P[1]

P[1]

P[1]

 

   » General

S

S

S

P

 

Residential Storage Warehouse

P[2]

P[2]

P[2]

88-323

Warehousing, Wholesaling, and Freight Movement

   » Indoor

P[2]

P[2]

P[2]

P[2]

 

   » Outdoor

S[1]

P[1]

P[2]

P[2]

88-378

Waste-Related Use

   » Composting Facility

S[1]

S[1]

S[1]

S[1]

88-328

   » Demolition debris landfill

S[1]

S[1]

S[1]

S[1]

88-380

   » Solid waste separation facility

S[1]

S[1]

88-380

   » Transfer station

S[1]

S[1]

88-380

A G R I C U L T U R A L

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Urban

   » Home garden

P

P

P

P

88-312-02-A

   » Community garden

P

P

P

P

88-312-02-B

   » Community supported agriculture (CSA) farm

P

P

P

P

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]

P[1]

88-385

   » Co-located antenna

P

P

P

P

88-385

 

88-205 OVERLAY DISTRICTS GENERALLY

88-205-01 GENERAL

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.

 

88-205-02 PURPOSE

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 ESTABLISHMENT

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

88-210-01 PURPOSE

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

88-215-01 PURPOSE

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.

 

 

Storefront transparency requirements

 

 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.

 

 

Building entrance requirements

 

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 ALLOWED USES

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 PURPOSE

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. 

 

  
 

13-20140626_131245-3

 

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.​     

 

http://online.encodeplus.com/regs/kansascity-mo/media/images/Capture_88-323-02-C_4_(1).PNG

 

88-358 MOBILE VENDOR PARKS

88-358-01 APPLICABILITY

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.

 

88-370-05 TIME LIMIT

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 DESIGNATION

88-580-01-A.     APPLICATION FILING

  1. 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).

 

  1. 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.

 

  1. 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:
    1. a copy of the application that was made for the nomination;

 

    1. an explanation of the nomination procedure for HO district and the consequential property restrictions;

 

    1. 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

 

    1. an explanation stating that the property owner has the right to submit documentation either for or against the nomination.

 

  1. 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:

    1. The building has been declared dangerous according to the procedures established in Chapter 56, Article V.

 

    1. 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.

 

  1. 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.

 

  1. 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

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