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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney