SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040960
Amending Chapter 80, Code
of Ordinances, by repealing Section 80-41, Authorized uses in R-1 districts,
and enacting in lieu thereof a new section of like number and subject matter
that adds private parks and playgrounds as authorized uses.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 80-41, Authorized uses in R-1 districts, and
enacting in lieu thereof a new section of like number and subject matter, to
read as follows:
Sec. 80-41. Authorized
uses in R-1 districts.
In districts
R-1aa, R-1bb, R-1a and R-1b, authorized uses are as specified in this section,
and no building or land shall be used and no building shall be erected, altered
or enlarged which is arranged, intended or designed for other than one of the
following uses and subject to the provisions for accessory uses, height, yard
and parking as specified in sections 80-42, 80-43 and 80-44:
(1) Uses of land permitted without
special restrictions as provided in subsection (3)b of this section.
a. One-family
dwellings.
b. Publicly
owned parks and recreational areas.
(2) Uses
of land permitted with special restrictions.
a. Agriculture,
nurseries and truck gardening for the propagation and cultivation only of
plants, provided no retail or wholesale business shall be carried on upon the
premises so used, and provided further that no obnoxious fertilizer is stored
upon the premises and no obnoxious soil or fertilizer renovation is carried on
upon the premises.
b. Community unit and
group housing projects, subject to conditions and restrictions as provided in
sections 80-260 and 80-270.
c. Fire stations and
water and sewerage facilities to be constructed by the city; provided that
prior to the acquisition of land for this use a plot plan shall be submitted to
the director of the city development department for a report and
recommendation. The plot plan for a fire station shall also be reviewed by the
traffic department, health department and public works department. The plot
plan for water and sewerage facilities shall also be reviewed by the health
department and the public works department. The director of the city
development
department shall report as to whether or not the proposed use is compatible
with the plan for the development of the city. After a review of the plan, the
director may make such recommendation as he deems to be in the public interest.
The report shall be made to the city manager and the involved department.
Failure of the director of the city development department to report within 45
days shall waive the requirements of a report and recommendation.
d. Golf courses, not
including golf course clubhouses, miniature golf courses or driving ranges.
e. Mobile home
developments in district R-1b, subject to the conditions and restrictions as
provided in this chapter.
f. Private
parks, subject to the following restrictions:
1. Picnic
shelters shall not exceed 200 square feet and shall be set back at least thirty
feet from the front and rear property lines and eight feet from the side
property lines.
2. Playground equipment and
playfields shall be allowed and the playground equipment shall be set back at
least thirty feet from the front and rear property lines and eight feet from
the side property lines.
3. The
lot area shall not exceed one acre.
4. Outdoor
lighting shall be so designed as to reflect away from adjoining residential
zoned property.
5. No
parking shall be provided on the lot.
6. Private
Parks containing swimming pools, tennis courts, basketball courts and other
recreational facilities, or private parks larger than one acre are allowed only
as part of a district requiring approval of a development plan, including
community unit projects, group housing projects, Urban Redevelopment Districts,
and GP districts.
g. Temporary radio and television towers may
be permitted for special events of widespread national interest. The towers
shall not be over 200 feet in height, and they shall not be erected more than
48 hours before a broadcast. The towers shall be dismantled within 48 hours
after such broadcast. The contractor for the erection and dismantling of such
towers shall execute and post a bond to the city in the amount of $100,000.00,
conditioned that he will save the city harmless from and indemnify it for any
loss or damage sustained by the city, directly or indirectly, on account of the
construction, maintenance and dismantling of such towers. In lieu of posting a
surety bond as required in this subsection, the contractor may keep in force
liability insurance in the amount of $100,000.00, in a solvent insurance
company to be approved by the director of finance and in a form to be approved
by the city counselor, and file with the director of codes administration a
certificate issued by such insurance company; and such insurance policy shall
protect and indemnify the city in all respects as to public liability and
property damages as otherwise provided in this chapter. Erection and
dismantling of such towers shall be as specified by the director of codes
administration, and a permit shall be required.
h. Sewage treatment
plants, telephone exchanges, electrical substations and similar services,
provided that the city council approves such use as a part of a subdivision
plat or a planned development or as a special use by ordinance.
(3) Uses of land permitted subject
to specific conditions listed in subsection (3)b of this section.
a. Permitted
uses:
1. Church
plants and synagogues (not permitted in converted residential buildings or
structures in this district, unless they are in full compliance with the
building code for such use).
2. Community
center buildings.
3. Police
stations.
4. Public
libraries, museums and art galleries.
5. Public
schools (elementary, secondary and high schools); private schools with
curricula equivalent to that of public elementary, secondary or high schools;
and institutions of higher learning (accredited colleges and universities).
b. Any use listed in
subsection (3)a of this section is permitted, subject to conditions as follows:
1. There
shall be side yards of at least 25 feet for any principal or accessory
buildings.
2. Parking
areas shall be in the side or rear yard only, and shall be set back at least
six feet from any side or rear line.
3. Location
of the use shall be in accordance with at least one of the following
situations:
i. On
a corner lot immediately adjacent to or across from a public park, public
playground or a parkway which has a right-of-way width of 120 feet;
ii. On
a parcel or tract of land entirely surrounded by any combination of highways,
streets, alleys or railway rights-of-way;
iii. On
a lot immediately adjoining any R-4 to M-3 district, inclusive, or on a corner
lot immediately opposite on the other side of a street from any R-4 to M-3
district, inclusive; or
iv. On
a lot approved by the board of zoning adjustment after a public hearing where
the board shall find that the use meets the following provisions:
(a) The
use does not materially damage or curtail the appropriate use of neighboring
property;
(b) The
use conforms to the applicable district regulations;
(c) The
use is compatible with the general character of the district;
(d) The
use does not jeopardize the public health, safety or welfare; and
(e) The
use does not violate the general spirit and intent of this chapter and this
section.
_____________________________________________
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney