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Legislation #: 170360 Introduction Date: 5/18/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning _ Development Code periodic review. (254-S-325)

Legislation History
DateMinutesDescription
5/10/2017 Filed by the Clerk's office
5/18/2017 Referred to Planning, Zoning & Economic Development Committee
5/24/2017 Hold On Agenda (6/7/2017)
6/7/2017 Hold On Agenda (6/14/2017)
6/14/2017 Advance and Do Pass, Debate
6/15/2017 Passed

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170360.pdf Authenticated 458K Authenticated
05_24_17_PZE.pptx Advertise Notice 50451K * Staff presentation
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170360 Staff Report.pdf Staff Report 627K Staff Report
170360 Fact Sheet.pdf Fact Sheet 204K Fact Sheet
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ORDINANCE NO. 170360

 

Amending Chapter 88, Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning & Development Code periodic review. (254-S-325)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 88-25-04 (Zoning District Conversions); 88-325 (Short-Term Loan Establishments); 88-385-06-F (Wireless Communication Facilities, General Requirements, Access Roads); 88-420-16-I (Parking and Loading, Alternative Compliance Parking Plans, Shared Parking); 88-430-05-C (Outdoor Lighting, Fixtures and Shielding, Spillover Light); 88-445-15-B (Signs; Unsafe Signs, Signs in Disrepair, and Nonconforming Signs, Signs in Disrepair); 88-610-01-E (Nonconformities, General, Certificates of Legal Nonconformance); 88-820-13-B (Building Height, Exceptions)are hereby repealed and new sections of like number and title are hereby enacted, with said new sections to read as follows:

 

 

88-25-04 ZONING DISTRICT CONVERSIONS

88-25-04-A.    DOWNTOWN AREA

The zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows within the downtown area, which is the area bounded by the Missouri River on the north; the Kansas-Missouri state line on the west; 31st Street on the south; and the Paseo on the east:

 

Downtown Area Zoning Districts

Previous Zoning District

New Zoning District

  Downtown (See 88-130)

C-4

Central Business

DC-15

Downtown Core

URD

Urban Redevelopment District

UR

Urban Redevelopment

R

Any "R' District

 -> As specified in 88-25-03-B

M

Any "M" District

 -> As specified in 88-25-03-B

Other

Districts other than C-4, URD, R or M

 -> As specified in 88-25-03-B

No existing equivalent

DR

Downtown Residential

No existing equivalent

DX

Downtown Mixed-Use

 

88-25-04-B.    OTHER AREAS

Except as expressly stated for the downtown area in 88-25-04-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

 

Zoning Districts – Other Areas

Previous Zoning District

New Zoning District

Residential (See 88-110

RA

Agricultural

R-80

Residential 80

GPA

Agriculture

R-80

Residential 80

R-1aa

One-family Dwellings

R-10

Residential 10

R-1bb

One-family Dwellings

R-10

Residential 10

GPR1

Residential Low-density

R-10

Residential 10

GP-6

Low-density Residential

R-7.5

Residential 7.5

GPR2

Residential Medium-density

R-7.5

Residential 7.5

R-1a

One-family Dwellings

R-7.5

Residential 7.5

GP-5

Medium-density Residential

R-6

Residential 6

R-1b

One-family Dwellings

R-6

Residential 6

R-2a

Two-family Dwellings

R-5

Residential 5

R-2b

Two-family Dwellings

R-2.5

Residential 2.5

R-3

Low-density Low Apartments

R-2.5

Residential 2.5

GP-4

High-density Residential

R-1.5

Residential 1.5

R-4

Low Apartments

R-1.5

Residential 1.5

R-4O

Low Apartments/Admin. Office

R-1.5

Residential 1.5

R-5

High Apartments

R-0.5

Residential 0.5

R-5O

High Apartments/Admin. Office

R-0.5

Residential 0.5

R-6

High Apartments Provisional

R-0.3

Residential 0.3

Business/Commercial  (See 88-120

O

Office

O-2

Office (dash 2)

OM

Medium-Intensity Office

O-2

Office (dash 2)

CPO-1

Planned Office

O-2

Office (dash 2)

CPO-2

Planned Office

O-2

Office (dash 2)

GPO

Office (General Planned)

O-2

Office (dash 2)

GPI

Industrial (General Planned)

O-2

Office (dash 2)

C-1

Neighborhood Retail Business

B1-1

Neighborhood Business 1 (dash 1)

CP-1

Planned Business Center

B1-1

Neighborhood Business 1 (dash 1)

CP-2

Planned Business Center

B2-2

Neighborhood Business 2 (dash 2)

C-2

Local Retail Business

B3-2

Community Business (dash 2)

CP-3

Planned Business Center

B3-2

Community Business (dash 2)

GP-2

General Transient Retail Business

B3-3

Community Business (dash 3)

GP-3

Regional Business (Gen. Planned)

B3-3

Community Business (dash 3)

GPC

Commercial (General Planned)

B3-2

Community Business (dash 2)

C-3a1

Intermediate Business

B4-2

Heavy Business/Commercial (dash 2)

C-3a2

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

C-3b

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

Manufacturing (See 88-140

M1

Light Industry

M1-5

Manufacturing 1 (dash 5)

M2a

Heavy Industry

M1-5

Manufacturing 1 (dash 5)

M-P

Industrial

M2-2

Manufacturing 2 (dash 2)

GP-1

General Industry

M2-3

Manufacturing 2 (dash 3)

M-2b

Heavy Industry

M3-5

Manufacturing 3 (dash 5)

M-3

Heavy Industry-Residual Use

M3-5

Manufacturing 3 (dash 5)

M-R

Materials Reprocessing

M4-4

Manufacturing 4 (dash 4)

Overlay/Special Purpose (See  88-200 Series)

CX

Adult Entertainment

CXO

Adult Entertainment Overlay

SR

Special Review

SRO

Special Review Overlay

 No existing equivalent

NCO

Neighborhood Character Overlay

 No existing equivalent

PO

Pedestrian-Oriented Overlay

 No existing equivalent

HO

Historic Overlay

MPC

Master Planned Community

SC

Shoal Creek

URD

Urban Redevelopment District

UR

Urban Redevelopment

US

Underground Space

US

Underground Space

BBD

Brookside Business District

B-1-PO

Neighborhood Business-Pedestrian-
Oriented Overlay

GP7

Agriculture/Low-density Res

AG-R

Agricultural–Residential

GP8

Airport and Conservation

KCIA

Airport

RPT

Temporary Automobile Parking

NONE

Eliminated (convert to R-1.5)

CUP 

Community Unit Project    

MPD

Master Planned Development

GHP

Group Housing Project

MPD

Master Planned Development

 

 

88-325 SHORT-TERM LOAN ESTABLISHMENTS

88-325-01 Short-term loan establishments are subject to the following conditions and restrictions, with separation measured in accordance with 88-820-15 (unless as specified in this section):

88-325-01-A.      No such establishment shall be located within one mile of another short-term loan establishment or pawn shop. When measuring separation distances between establishments on the same lot, the distance shall be measured from the front door of each of the establishments.

 

88-325-01-B.     No such establishment shall be located within or within 1,000 feet of a property or district which has been designated as a landmark or historic district.

 

88-325-01-C.    No such establishment shall be located adjacent to and within 150 feet of a park, boulevard, or parkway. 

 

88-325-01-D.     Such establishment may be operated only as a principal use of a property and may not be accessory to any other use. A short-term loan establishment may not operate any accessory uses.

 

 

88-385-06-F.     ACCESS ROADS

Access roads shall meet requirements of 88-420-15-C. Interior limited access drives on sites zoned M, AG-R, or R-80 with a minimum of 3 acres may be constructed of gravel or other non-asphalt or non-concrete approved surface if the following provisions are met:

  1. Any access road must be paved for the first 25 feet from the right-of-way.

 

  1. The surface of the access road must meet the requirements of 88-420-15-M.

 

 

88-420-16-I.     SHARED PARKING

1. DESCRIPTION

Shared parking represents an arrangement in which two or more uses with different peak parking periods (hours of operation) use the same off-street parking spaces to meet their off-street parking requirements.

 

2.      AUTHORIZATION AND CRITERIA

a.       The city planning and development director is authorized to approve an alternative compliance parking plan allowing shared parking arrangements for uses with different hours of operation.

 

b.      The city planning and development director may permit up to 100% of the parking required for one use to be supplied by the off-street parking spaces provided for another use if the city planning and development director determines that the various activities will have peak parking demands at different periods of the day or week.

 

c.       In order to approve an alternative compliance parking plan for shared parking, the city planning and development director must find, based on competent evidence provided by the applicant, that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

 

d.      A request for approval of a shared parking arrangement must be accompanied by such information determined by the city planning and development director to be necessary to evaluate the peak parking demand characteristics or difference in hours and/or days of operation, including, but not limited to, a description of the uses and their operational characteristics, a development plan, and a parking study prepared by a licensed professional traffic engineer or equivalent qualified professional which justifies the reduction in parking requested.

 

3.      LOCATION OF SHARED PARKING FACILITY

A use for which shared parking is proposed must be located within 1,000 feet walking distance of the shared parking, measured from the entrance of the use to the nearest parking space within the shared parking facilities.

 

4.      AGREEMENT
An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the city planning and development director in a form approved by the city planning and development director. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If a shared parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this article.

 

 

88-430-05-C.     SPILLOVER LIGHT

Spillover light may not exceed 0.186 foot-candle onto R-zoned property or 1.0 foot-candle onto public rights-of-way measured at grade along the property line.

 

 

88-445-15-B.     SIGNS IN DISREPAIR

Any sign that is excessively weathered or faded or upon which the paint has excessively peeled or cracked or has panel(s) missing, or is otherwise in disrepair, must, with its supporting members, be immediately removed or restored to a good state of repair.

 

 

88-610-01-E.     CERTIFICATES OF LEGAL NONCONFORMANCE

1.      A certificate of legal nonconformance must be issued by the city planning and development director upon timely request by a property owner if the city planning and development director determines that a property that does not currently comply with the requirements of this zoning and development code is a nonconformity that was lawfully established prior to the effective date of the city's first adopted zoning ordinance (in 1923) or any amendment thereto that created the nonconformity, and that such nonconformity has not been discontinued under the terms of this article. The certificate must specify the character and extent of the nonconformance.

 

2.      Application for a certificate of legal nonconformance must be made within the following time restrictions or the legal nonconformance will be deemed to be discontinued:

a.       The owner of a property made nonconforming by any zoning map amendment after March 31, 1975, must apply for a certificate of legal nonconformance within one year of the date that it became nonconforming.

1.      Applications filed after one year has expired may be processed and approved if the applicant provides clear evidence that the building is the original construction, without major additions or alterations, and that it has been in continuous use for its originally intended and lawfully established purpose since it was constructed.

 

b.      The owner of a property made nonconforming on or before March 31, 1975 by a zoning map amendment or made nonconforming by a text amendment may apply for a certificate of legal nonconformance at any time.

 

3.      Appeals of the city planning and development director's decision may be taken to the Board of Zoning Adjustment by the applicant or any aggrieved party in accordance with 88-575. If no appeal is taken within 15 days of the date the decision of the city planning and development director is issued, the decision will become final and any certificate of legal nonconformance issued will establish the legality of the nonconforming structure, use, or use of open land.

a.       On appeal, the Board may waive the one year requirement in 2 (a), above for a nonconforming structure or use if it finds the following:

1.      That approving the certificate will not result in a use that is out of character or incompatible with the surrounding neighborhood; and

 

2.      That not approving the certificate would create a hardship for the current owner of the nonconforming property.

 


 

88-820-13 BUILDING HEIGHT

88-820-13-B.     EXCEPTIONS

1. PARAPET WALLS AND FALSE MANSARDS

Parapet walls and false mansards may extend no more than 8½ feet above the height limit.

 

2. APPURTENANCES 
Exceptions shall not apply to flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, belfries, penthouses, finials, gas tanks, grain elevators, stacks, silos, storage towers, observation towers, radio or television antennas and towers, windmills, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances, which, where permitted, shall be erected to a height in accordance with existing or hereafter adopted ordinances of the city. In R districts, radio or television 
structures accessory to a residential use, including antenna supports and antennas, may exceed the maximum height permitted by lot and building standards, but shall not exceed 60 feet in height. Height of accessory solar and wind energy systems shall comply with 88-305-09.

 

3. AMUSEMENT PARK RIDES, AMUSEMENT ATTRACTIONS OR ROLLER COASTERS

Height restrictions in any zoning district do not apply to amusement park rides, amusement attractions or roller coasters of any type that are erected in any zoning district in which they are allowed, either temporary or permanent, provided that each is set back a distance equal to its height from all property lines.

 

4. LIMITATIONS ON ROOFTOP FEATURES IN R DISTRICTS

a. Stairway enclosures and elevator penthouses in R districts are allowed to exceed the maximum building height, provided:

1. they are set back at least 20 feet from the front building line, and

 

2. do not exceed 9 feet in overall height or extend more than 5 feet above the building parapet, whichever results in a lesser height.

 

b. Stairway enclosures in R districts may not contain habitable space and may not exceed 170 square feet in area.

 

c. Elevator penthouses in R districts may not contain habitable space and may not exceed 465 square feet in area.

 

d. Building-mounted solar energy systems may extend up to 3 feet above the applicable maximum height limit for the subject building type, provided they do not extend more than 5 feet above the roof line.

 

Section 2. That Section 88-385-06-H (Wireless Communication Facilities, General Requirements, Bond) is hereby repealed.

 

Section 3. That the Council finds and declares that before taking any action on the proposed amendments to Chapter 88 hereinabove, all public notices have been given and hearings have been held as required by law.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney