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Legislation #: 080281 Introduction Date: 3/13/2008
Type: Ordinance Effective Date: 7/6/2008
Sponsor: COUNCILMEMBER GOTTSTEIN
Title: Amending Section 80-41, authorized uses in R-1 districts, and Section 80-60, authorized uses in R-2 districts, to prohibit museums and art galleries in R-1 districts.

Legislation History
DateMinutesDescription
3/13/2008 Filed by the Clerk's office
3/13/2008 Referred to Planning and Zoning Committee
4/2/2008 Hold On Agenda (4/9/2008)
4/9/2008 Referred to City Plan Commission
4/9/2008 Hold On Agenda (6/4/2008)
6/4/2008 Hold On Agenda (6/18/2008)
6/18/2008 Do Pass as a Committee Substitute
6/19/2008 Assigned Third Read Calendar as Substituted
6/26/2008 Passed as Substituted

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080281.pdf Authenticated 269K Authenticated
080281 revised fact sheet.doc Advertise Notice 81K revised fact sheet
080281Fact Sheet CS Revised[2].doc Fact Sheet 79K Fact Sheet
C000254S254_Staff Report_06-03-08.doc Staff Report 64K STAFF REPORT
Fact Sheet.doc Fact Sheet 65K FACT SHEET
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080281 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080281
080281-comm sub to cd bk-com.doc Advertise Notice 61K compared-new comm sub to code books
080281-comm sub to cd bk-com.doc Advertise Notice 46K comm sub to code books-compared version
080216_220_270_271_272_281 Affidavit of Publication.pdf Other 51K Affidavit of Publication
Adv. 040208.pdf Advertise Notice 9K Advertise Notice
00298com.doc Advertise Notice 46K compared version

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080281

 

Amending Section 80-41, authorized uses in R-1 districts, and Section 80-60, authorized uses in R-2 districts, to prohibit museums and art galleries in R-1 districts.

 

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 Section 80-60, authorized uses in R-2 districts, and enacting in lieu thereof new sections 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. 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.

 

g. 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.

 

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.

 

Sec. 80-60. District R-2--Two-family dwellings.

 

District R-2 is further subdivided into districts R-2a and R-2b, differing only in the requirements of lot area per family.

 

(1)    Use regulation.  In districts R-2a and R-2b, 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, except as otherwise provided in sections 80-210 and 80-230: 

 

a.    Any use included in district R-1. The restriction against church plants in converted residential buildings or structure does not apply. The restrictions for district R-1 governing the location of uses under paragraph (3)b. of section 80-41 apply also to their location in district R-2.

 

b.    Two-family dwellings.

 

c. Public museums and public art galleries. The restrictions for district R-1 governing the location of uses under paragraph (3)b of Section 80-41 apply to these uses.

 

d.    Accessory uses customarily incident to the above uses and not involving the conduct of a business or industry, under the same provision as for district R-1, except that the furnishing of lodging and/or board for not more than four persons in a dwelling unit occupied as a private residence will be permitted, provided no window or other display or sign is used to advertise such use.

 

1.    A private garage or parking space permitted as an accessory use shall provide storage for not more than one motor vehicle for each 1,500 square feet of the lot area and shall be located as in district R-1.

 

2.    All other limitations governing accessory uses in district R-1 shall apply to districts R-2a and R-2b.

 

(2)    Height, yard, and area regulations.  In districts R-2a and R-2b, the height of buildings, the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows (for exceptions see section 80-250): 

 

a.    Height. Buildings or structures shall not exceed 2 1/2 stories and shall not exceed 35 feet in height.

 

b.    Front yards. The front yards in this district shall have a minimum depth of 25 percent of the depth of the lot but the depth of such front yard need not be more than 25 feet.

 

c.    Side yards.

 

1.    There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent of the width of the lot. Such side yard shall not be less than four feet and need not be more than eight feet.

 

2.    On a corner lot, the side yard regulation shall be the same as for interior lots, except in the case of reversed frontage where interior lots have been platted or sold fronting on the side street. In this case, there shall be a side yard on the street side of the corner lot not less than one-half of the front yard required in subsection b.

 

d.    Rear yards. The rear yards in this district shall have a minimum depth of 25 percent of the depth of the lot but the depth of such rear yard need not be more than 30 feet.

 

e.    Lot width. The minimum mean width of a lot shall be 50 feet, except that in case of a lot having a mean width of less than 50 feet and in separate ownership on or before January 1, 1954, this regulation will not prohibit the erection of a one-family dwelling. Duplexes hereafter erected require a minimum mean lot width of 50 feet.

 

f.    Lot area.

 

1.    In district R-2a no building shall be erected or altered on a lot which makes provision for less than 5,000 square feet of the area of the lot for each family.

 

2.    In district R-2b no building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

(i)    For one-family dwellings, 5,000 square feet.

 

(ii)    For two-family dwellings, 3,000 square feet per family.

 

3.    A carriage house may be maintained or altered on a lot which contains a minimum area of 22,000 square feet and which contains a principal building used exclusively for the purposes of no more than:

 

(i)                  One dwelling unit or

 

(ii)    Which contains two units provided that one of the units is owner-occupied and further provided that one of the non-owner-occupied units is occupied only by children and/or parents of the owner-occupant, and any spouses of a child or parent.

 

(3)    Parking and loading regulations.  As provided for in sections 80-444 and 80-445, Code of Ordinances of the City of Kansas City, Missouri. 

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney