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Legislation #: 910296 Introduction Date: 3/14/1991
Type: Ordinance Effective Date: 7/28/1991
Sponsor: COUNCILMEMBER COFRAN
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.446, Auxiliary Parking, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
3/14/1991

Referred Plans And Zoning Committee

3/20/1991

Referred To Department City Plan Commission

6/26/1991

Hold On Agenda

7/2/1991

Hold On Agenda

7/10/1991

Hold On Agenda

7/17/1991

Advance and Do Pass

7/18/1991

Passed


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ORDINANCE NO. 910296

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.446, Auxiliary Parking, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 39.446, Auxiliary Parking, and enacting in lieu thereof a new section of like number and subject matter, said section to read as follows:

 

Section 39.446. Auxiliary Parking.

 

I. CUSTOMER - EMPLOYEE PARKING.

 

A. The Board of Zoning Adjustment may permit as an auxiliary use for customers and employees of neighboring business establishments, a parking area for passenger automobiles only, on a lot or lots in R-3, R-4, R-4-O, R-5, R-5-O and R-6 Districts, all of which lot or lots are within five hundred (500) feet of a business or industrial district; provided such parking area is developed as follows:

 

1. Such area shall be paved and shall be properly enclosed with a fence, wall or other suitable enclosure to be

determined by the Board of Zoning Adjustment, having a

height of not less than four (4) feet. Such fence, wall

or enclosure shall be maintained in good condition and

observe the front yard requirement of the district in

which it is located. No parking shall be permitted

within six (6) feet of an adjoining lot in a residential

district, or on a corner lot, within six (6) feet of the

side street property line. The aforesaid six (6) foot

restriction or front yard requirement may be modified by

the Board of Zoning Adjustment in unusual and justifiable

situations or circumstances.

 

2. Any lights used to illuminate said parking area shall be so arranged as to reflect the light away from any

adjoining premises in a residential district.

 

3. Signs, as may be permitted by the Board to identify the parking area, shall be limited to not more than twelve

(12) square feet in area and shall not exceed six (6)

feet in height but may be reduced in size and height at

the direction of the Board. Such sign may show only the

hours in which the parking lot is open and the persons

authorized to use the parking area.

 

4. In the interest of traffic control and providing off- street parking in congested neighborhoods, the owner of

such auxiliary parking areas may, upon approval of the

Board, make arrangements for the use thereof when not

needed for the auxiliary use specified above, and such

owner may charge a fee therefore, provided such fee is

not collected on said area nor any advertising signs

relating to such fees are located on or adjacent to such

area. Notwithstanding such fee arrangements, said area

shall not be considered to be a commercial parking

station.

 

5. The Board of Zoning Adjustment shall place such additional restrictions or conditions as deemed necessary

by the Board for the protection of neighboring property,

in harmony with the purpose and intent of the Zoning

Ordinance.

 

B. The Board of Zoning Adjustment may permit as an auxiliary use for customers and employees of neighboring business establishments, a multi-level parking structure, in an R-5, R-5-O or R-6 District, all of which lot or lots are within five hundred (500) feet of a business or industrial district, provided such parking structure complies with the following:

 

1. The structure shall maintain the same setback from the street as required for any residential structure in the

district.

 

2. The setback for the rear yard shall be at least twenty-five percent (25%) of the depth of the lot but

need not be more than twenty-five (25) feet.

 

3. The setback for the side yard shall be the same as required for residential structures in this district.

 

4. The height shall not exceed three (3) stories and shall not exceed forty-five (45) feet.

 

5. The yards shall be suitably landscaped and well maintained.

 

6. Any lights used to illuminate the parking structure shall be so arranged as to reflect the light away from any

adjoining premises in the residential district.

 

7. The provision for signs and arrangement for fee parking shall be permitted upon the same basis as set forth in

paragraphs 3 and 4 under Subsection A above.

 

II. RESIDENTIAL, CHURCH, OR NON-PROFIT AND SHARED PARKING.

 

A. The Board of Zoning Adjustment may permit as an auxiliary use of residential uses, church uses, or non-profit uses, such as community centers, schools, or private clubs, a parking area for passenger vehicles only, on a lot or lots in an R-1, R-2 or R-3 District, all of which lot or lots so put to such auxiliary use adjoin or are opposite across the street or alley from the use to be served; or permit the same use in R-4, R-4-O, R-5, R-5-O and R-6, all of which lot or lots are within three hundred (300) feet of the lot to be served; provided such parking area is developed as provided in Subsection IA, 1 through 5 above.

 

B. The Board of Zoning Adjustment may permit the use of a parking lot of a church or other non-profit organization, which lot is in an R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6 Districts, and which lot abuts or adjoins or is opposite or across a street or alley from a business or industrial district, for the storage of passenger cars only from an adjoining commercially operated parking area in the business or industrial district, at only such time as the parking area is not required for its use for parking for the church or non-profit organization; provided that the parking lot conforms to all conditions as set forth in IA, 1 through 5, above, and further provided that no fees are collected and no advertising signs are located within the residentially zoned area. The Board of Zoning Adjustment shall place such additional restrictions or conditions such as side yard setback, location and widths of entrances and exits, and appropriate landscaping or other restrictions as deemed necessary by the Board for the protection of neighboring property, in harmony with the purpose and intent of the Zoning Ordinance.

 

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

____________________________________________________________

 

I hereby certify that as required by Chapter 39, Code of General Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney