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Legislation #: 130441 Introduction Date: 5/30/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Code of Ordinances, through revisions and clarifications throughout the chapter in accordance with the Zoning _ Development Code periodic review (254-S-283)

Legislation History
DateMinutesDescription
5/30/2013 Filed by the Clerk's office
5/30/2013 Referred to Planning, Zoning & Economic Development Committee
6/5/2013 Hold On Agenda (6/26/2013)
6/26/2013 Hold On Agenda (7/10/2013)
7/10/2013 Advance and Do Pass as a Committee Substitute, Debate
7/11/2013 Councilmember Ford (Second by Reed) Move to Amend
7/11/2013 Passed as Substituted and Amended

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COMMITTEEE SUBSTITUTE FOR ORDINANCE NO. 130441

 

Amending Chapter 88, Code of Ordinances, through revisions and clarifications throughout the chapter in accordance with the Zoning & Development Code periodic review (254-S-283)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 88, Zoning and Development Code, is hereby amended by repealing Section 88-110-03-H, and repealing and reenacting with like number and title the following sections: 88-25-06-B, Table 110-1 of Sec. 88-110-03, 88-110-04, 88-110-05, 88-110-06, Table 140-1 of Sec. 88-140-03, 88-275-02-A, 88-305-02-C, 88-305-04, 88-305-07, 88-305-12, 88-420-04-J, 88-420-12-A, 88-420-15-N, 88-420-16-B, 88-425-03-A, 88-425-05-C, 88-425-07-D, 88-425-10-G, 88-430-04, 88-435-03, 88-517-02-H, 88-565-02, 88-610-04-D.5, 88-805-03-H, 88-805-05-B, 88-810-580, 88-810-590, 88-810-1200, 88-820-01 and 88-820-12. The revised sections that are reenacted herein are to read as follows:

88-25-06-B.    OTHER AREAS

Except as expressly stated for the downtown area in 88-25-06-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

GP6

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

GP5

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

GP4

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

CX/O

Adult Entertainment Overlay

SR

Special Review

SR/O

Special Review Overlay

 No existing equivalent

NC/O

Neighborhood Character Overlay

 No existing equivalent

P/O

Pedestrian-Oriented Overlay

 No existing equivalent

H/O

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-P/O

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

 

 

88-110-03 Uses

Table 110-1 
Residential Districts Use Table

U S E G R O U P

Z O N I N G D I S T R I C T

Use
Standards

Use Category

R

R

R

R

R

R

R

R

R

 specific use type

80

10

7.5

6

5

2.5

1.5

0.5

0.3

R E S I D E N T I A L

 

 

Household Living

P

P

P

P

P

P

P

P

P

88-110-06-C

Group Living (except as noted below)

-

-

-

-

-

-

S

S

S

88-350

 Group homes

-

-

-

-

-

-

P

P

P

88-350

 Nursing home

S

S

S

S

S

S

P

P

P

88-350

P U B L I C / C I V I C

 

 

Bicycle-Sharing Facility

P

P

P

P

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

-

-

-

-

-

-

P

P

P

 

College/University

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Day Care

 

 

 Home-based (1—4)

P

P

P

P

P

P

P

P

P

 

 Family (5—10)

P

P

P

P

P

P

P

P

P

88-330-01

 Group(11—20)

S

S

S

S

S

S

P

P

P

88-330-02

Center (21+)

P

-

-

-

-

-

-

-

-

 

Detention and Correctional Facilities

S

-

-

-

-

-

-

-

-

88-335

Halfway House

S

-

-

-

-

-

-

-

-

88-352

Hospital

-

-

-

-

-

-

-

S

S

 

Library/Museum/Cultural Exhibit

P/S

-

-

-

P/S

P/S

P/S

P/S

P/S

88-365

Park/Recreation

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Homes Association Amenities

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-805-03-H

HH.2.

Religious Assembly

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Safety Service (except as noted below)

S

S

S

S

S

S

S

S

S

88-365

 Fire station

P

P

P

P

P

P

P

P

P

88-365

 Police station

P

P

P

P

P

P

P

P

P

88-365

School

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Utilities and Services (except as noted below)

S

S

S

S

S

S

S

S

S

 

 Basic, minor

P

P

P

P

P

P

P

P

P

88-425-08-B.

C O M M E R C I A L

 

 

Animal Service

 

 

 

 

 

 

 

 

 

 

 Shelter or boarding

P

-

-

-

-

-

-

-

-

88-315

 Shelter or boarding

P

-

-

-

-

-

-

-

-

88-315

 Veterinary Office

P

-

-

-

-

-

-

-

-

 

Entertainment and Spectator Sports

S

-

-

-

-

-

-

-

-

 

Funeral and Interment Service

 

 

 

 

 

 

 

 

 

88-345

 Cemetery/columbarium/
mausoleum

S

S

S

S

S

S

S

S

S

88-345

 Crematory

S

S

S

S

S

S

S

S

S

88-345

 Undertaking

-

-

-

-

-

-

-

S

S

 

Lodging

 

 

 Bed and breakfast

S

-

-

-

S

S

S

S

S

88-320

 Recreational vehicle park

S

-

-

-

-

-

-

-

-

 

Neighborhood-serving retail

S

S

S

S

S

S

S

S

S

88-360

Office, Administrative, Professional, or General

-

-

-

-

-

-

S

S

S

 

Reuse of officially designated historic landmark
(local or national)

S

S

S

S

S

S

S

S

S

 

Sports and Recreation, Participant

S

-

-

-

-

-

-

-

-

 

I N D U S T R I A L

 

 

Mining and Quarrying

S

-

-

-

-

-

-

-

-

 

Waste-Related Use (except as noted below)

-

-

-

-

-

-

-

-

-

 

  Composting facility

S

-

-

-

-

-

-

-

-

88-328

  Demolition debris landfill

S

-

-

-

-

-

-

-

-

88-380

A G R I C U L T U R A L

 

 

Agriculture, Crop

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

*Chapter 14

Agriculture, Urban

 

 

 Home Garden

P

P

P

P

P

P

P

P

P

88-312-02-A

 Community Garden

P

P

P

P

P

P

P

P

P

88-312-02-B

 Community Supported Agriculture (CSA) Farm

P

S

S

S

S

S

S

S

S

88-312-02-C


 

ACCESSORY SERVICE

 

 

Wireless Communication Facility

 

 

 Freestanding

P

-

-

-

-

-

-

-

-

88-385

 Co-located antenna

P

P

P

P

P

P

P

P

P

88-385

 

88-110-04 Residential Building Types

88-110-04-A. Residential Building Types Allowed

The residential uses allowed in R districts must be located in residential buildings. The following residential building types are allowed in R districts. Many residential building types are subject to supplemental standards, as referenced in 88-110-06-C.

Building Type

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.5

R-0.3

Detached house

P

P

P

P

P

P

P

P

P

Zero lot line house

P

P

P

P

P

P

P

P

P

Cottage house

P

P

P

P

P

P

P

Attached house

 » Semi-attached

    » on corner lots

P

P

P

P

P

    » in other situations

P

P

P

P

P

 » Townhouse

P

P

P

P

P

Two-unit house

 » on corner lots

P

P

P

P

P

 » in other situations

P

P

P

P

P

Multi-unit house

S

P

P

P

Multiplex

P

P

P

Multi-unit building

P

P

P

P = permitted building type
– = prohibited
building type 
S = special use permit required
P¹ Permitted only in approved open space development or conservation development; subject to 88-110-06-C.4

 

88-110-04-B. Residential Building Types Defined and Regulated
Definitions and regulations for residential building types are as follows:

1.

Detached House

A detached house is a principal building containing one dwelling unit located on a single lot with private yards on all sides. Detached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2). No more than one detached house may be located on a single lot.

Description: Description: Description: Detached house example

  

2.

Zero Lot Line House

A zero lot line house is a principal building containing one dwelling unit located on a single lot. The building is shifted to one side of the lot so that there is a more usable side yard on one side of the house and very little or no private yard on the other side. Zero lot line houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the zero lot line standards of 88-110-06-C. No more than one zero lot line house may be located on a single lot.

Description: Description: Description: Attached house example

 

3.

Cottage House

A cottage house is a small detached house that is grouped with other cottages around a shared open space. Cottage houses are subject to the lot and building standards of 88-110-06 (Table 110-2) except as modified or supplemented by the cottage house development standards of 88-110-06-C. Multiple cottage houses may be located on a single lot, subject to the limitation of 88-110-06-C.

Description: Description: Description: Cottage house example

 

4.

Attached 
House

An attached house is a building containing multiple dwelling units, each located on its own lot with a common or abutting wall along shared lot lines. Each dwelling unit has its own external entrance. There are two types of attached houses: semi attached houses and townhouses. Attached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the attached house standards of 88-110-06-C. No more than one attached house may be located on a single lot.

 

 

 

 

A semi-attached house is an attached house building containing 2 dwelling units, divided by a vertical plane. 

Description: Description: Description: Semi-attached house example

 

 

A townhouse is an attached house building containing 3 or more dwelling units, divided by a vertical plane.

Description: Description: Description: Townhouse example

    

5.

Two-unit 
House

A two-unit house is a building containing 2 dwelling units, both of which are located on a single lot or parcel (also referred to as a "duplex" or "two-flat"). The dwelling units are attached and may be located on separate floors or side-by-side. Two-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the two-unit house standards of 88-110-06-C. No more than one two-unit house may be located on a single lot.

Description: Description: Description: Two-unit house example

    

6.

Multi-unit House

A multi-unit house is a building containing 3 to 8 dwelling units located on a single lot. Multi-unit houses appear as large detached houses and have only one entrance visible from the street. Multi-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the multi-unit house standards of 88-110-06-C. More than one multi-unit house may be located on a single lot, subject to compliance with all applicable lot and building standards.

Description: Description: Description: Multi-unit house example

    

7.

Multiplex

A multiplex is a building containing 3 to 8 dwelling units, each of which has its own external entrance. Multiplexes are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified by the multiplex standards of 88-110-06-C. More than one multiplex may be located on a single lot, subject to compliance with all applicable lot and building standards and subject to site plan or development plan review.

Description: Description: Description: Multiplex house example

    

8.

Multi-unit building

A multi-unit building is a building containing 3 or more dwelling units (other than a multiplex or multi-unit house) that share common walls and/or common floors/ceilings. Multi-unit buildings are typically served by one or more common building entrances. Multi-unit buildings are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the Multi-unit building standards of 88-110-06-C. More than one multi-unit building may be located on a single lot, subject to compliance with all applicable lot and building standards.

Description: Description: Description: Multi-unit building example

 

 

88-110-05 Development Options

Different development options are offered in R districts to accommodate a variety of community and lifestyle choices. The options described in this section may be used at the property owner's election.

88-110-05-A. Conventional Development

"Conventional development" is any development that is not part of an approved open space development or conservation development. Lot and building standards for conventional development can be found in 88-110-06-B (Table 110-2).

88-110-05-B. Open Space Development

The open space development option allows smaller lots and other flexible lot and building standards in exchange for the provision of common open space that is not typically provided in a conventional development. Lot and building standards for open space development can be found in 88-110-06-B (Table 110-2). Additional open space development standards are included in 88-410.

88-110-05-C. Conservation Development

The conservation development option allows even greater flexibility in exchange for the provisions of a greater amount of common open space than required for open space developments. Lot and building standards for conservation development can be found in 88-110-06-B (Table 110-2). Additional conservation development standards are included in 88-410.

 

88-110-06 Lot and Building Standards

88-110-06-A. General

This section establishes basic lot and building standards for all development in R districts. The standards vary based on zoning classification, building type and development type. These standards are not to be interpreted as a guarantee that allowed densities and development yields can be achieved on every lot. Other factors, such as off-street parking requirements, central water and wastewater service availability, and others may limit development more than these standards.

88-110-06-B. Basic Standards

All residential and nonresidential development in R districts must comply with the lot and building standards of Table 110-2, except as otherwise expressly provided by the building type-specific standards of 88-110-06-C. Nonresidential development in R districts must comply with the "conventional" development standards of Table 110-2. General exceptions to lot and building standards and rules for measuring compliance can be found in 88-820.

Table 110-2: Lot and Building Standards

 

 R-80

 R-10

 R-7.5

 R-6

 R-5

 R-2.5

 R-1.5

R-0.5

 R-0.3

C O N V E N T I O N A L   D E V' T         

Lot Size

 » Min. lot area (square feet)          

80,000

10,000

7,500

6,000

5,000

4,000

3,000

3,000

2,500

 » Min. lot area per unit (sq. ft.)

80,000

10,000

7,500

6,000

5,000

2,500

1,500

350

300

 » Min. lot width (feet)

150

85

50

50

45

40

30

30

25

Front Setback1

 » Minimum (% of lot depth)

25

25

25

25

25

25

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

25

20

20

20

 » Maximum required (ft.)

40

30

30

30

25

25

20

20

20

Rear Setback1

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft.)

50

30

30

30

30

25

25

25

25

Side Setback1

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street (ft.)

15

15

15

15

15

15

15

15

15

Height (feet)

 » Maximum

35

35

35

35

35

40

45

164

235

O P E N   S P A C E   D E V' T 

Overall Site         

 » Min. open space (% of site)

30

30

30

30

30

30

30

30

30

 » Min. area per unit (sq. ft.)

72,000

9,000

6,750

5,400

4,500

2,750

1,350

450

270

Lot Size         

 » Min. lot area (square feet)

12,000

7,500

6,000

5,000

3,750

3,000

2,500

2,500

2,500

 » Min. lot width (feet)

100

75

50

45

35

25

25

25

25

Front Setback1

 » Minimum (% of lot depth)

20

15

15

15

15

15

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

20

20

20

20

 » Maximum required (ft.)

25

25

25

25

25

20

20

20

20

Rear Setback1

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft.)

50

30

30

30

30

25

25

25

25

Side Setback1

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street (ft.)

15

15

15

15

15

15

15

15

15

Height (feet)         

 » Maximum

35

35

35

35

35

40

45

120

200

C O N S E R V A T I O N   D E V' T 

Overall Site         

 » Min. open space (% of site)

60

60

60

60

60

60

60

60

60

 » Min. area per unit (sq. ft.)

64,000

8,000

6,000

4,800

4,000

2,000

1,200

400

240

Lot Size         

 » Min. lot area (square feet)

9,600

3,200

2,500

2,500

2,500

2,500

2,500

2,500

2,500

 » Min. lot width (feet)

85

50

45

35

30

25

25

25

25

Front Setback1

 » Minimum (% of lot depth)

20

15

15

15

15

15

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

20

20

20

20

 » Maximum required (ft.)

25

25

25

25

25

20

20

20

20

Rear Setback1

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft.)

50

30

30

30

30

25

25

25

25

Side Setback1

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street (ft.)

15

15

15

15

15

15

15

15

15

Height (feet)         

 » Maximum

35

35

35

35

35

40

45

120

200

1  Required building setback shall be per this table or the platted building line, whichever is greater.

 

88-110-06-C. Building-Type Specific Standards

  1. Zero Lot Line Houses

Zero lot line houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following zero lot line house standards:

    1. Zero lot line building arrangements require that the planning for all house locations be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site planning is possible, while ensuring that neighborhood character is maintained.
    2. The side setback on one side of the lot may be reduced to as little as zero. The zero-setback side may not abut a street or a lot that is not part of the zero lot line development. The minimum combined side setback requirements of 88-110-06-B apply on the "non-zero" side, which means that a lot with a zero side setback on one side must provide a setback equal to at least 20% of the lot width on the opposite side of the lot.

Description: Description: Description: Zero lotline house setback requirements

    1. Eaves on the side of a house with a reduced setback may project over the abutting lot line only if a perpetual eave overhang easement at least 5 feet in width is provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property.
    2. When the zero lot line house's exterior wall or eaves are set back less than 2 feet from the abutting side lot line, a perpetual maintenance easement at least 5 feet in width must be provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property. This provision is intended to ensure the ability to conduct maintenance and upkeep activities on the zero lot line house.
    3. Windows or other openings that allow for visibility into the side yard of the lot abutting the zero-setback side lot are not allowed on zero lot line houses. Windows that do not allow visibility into the side yard of the abutting lot, such as clerestory windows or translucent windows, are allowed, subject to compliance with the building code.
  1. Cottage House

Cottage house developments are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following cottage house development standards:

    1. Development Size

Cottage house developments must contain at least 4 and no more than 12 cottage houses. A development site may contain more than one cottage house development.

    1. Lot Size
      1. In the R-7.5, R-6 and R-5 districts the minimum required lot area per cottage unit is 50% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).
      2. In the R-2.5 district the minimum required lot area per cottage unit is 75% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).
      3. In the R-1.5, R-0.5 and R-0.3 districts the minimum lot area per unit standard of 88-110-06-B (Table 110-2) applies.
    2. Floor Area
      1. The total floor area of each cottage may not exceed either 1.5 times the area of the main floor or 1,250 square feet, whichever is less. Attached garages are counted in the calculation of total floor area.
      2. The maximum main floor area for cottages is 850 square feet. For the purposes of this calculation, the area of interior stairways may be allocated between floors served.
    3. Setbacks and Building Separation

All structures within cottage house developments must be set back at least 15 feet from property lines abutting streets and 10 feet from other property lines along the outer perimeter of the cottage house development site. When vehicular access to a cottage housing development is from an alley, a 4-foot minimum rear setback is allowed. All buildings within the cottage house development must be separated by a minimum distance of 10 feet.

    1. Building Height
      Cottage houses may not exceed 18 feet in height, except that pitched roofs with a minimum pitch of 6:12 may extend up to 25 feet in height. All parts of a roof above 18 feet in height must be pitched.
    2. Open Space

Cottage house developments must include at least 200 square feet of common open space per cottage. At least 50% of the cottages in a cottage housing development must abut common open space, and the common open space must have cottages abutting on at least 2 sides. All cottages must be located within 60 feet walking distance of the common open space.

Description: Description: Description: Cottage house open space requirements

Each cottage unit must have 150 square feet of private, contiguous, usable open space adjacent to each dwelling unit, for the exclusive use of the cottage resident. Such private open space must be oriented toward the common open space as much as possible, with no dimension less than 10 feet.

All cottages must have a roofed porch at least 80 square feet in area with a minimum dimension of 8 feet on any side.

  1. Attached House
    Attached houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified or supplemented by the following attached house standards.
    1. The minimum lot width for an attached house is 18 feet.
    2. The minimum lot area per unit requirements of 88-110-06-B (Table 110-2) apply to attached house projects on a project-wide basis, meaning that the total area of the attached house site, including common areas comprising up to 20% of the overall site, may be counted as lot area. Common areas may include commonly owned open space, access drives and parking areas. Such common areas may also be included in setback calculations.
    3. No side setback is required for common or abutting walls. The minimum total (combined) side setback standard of Table 110-2 (88-110-06-B) applies along the sides of the building that do not have common or abutting walls.

Description: Description: Description: Attached house open space requirements

    1. Common or abutting walls must be shared for at least 50% of their length.
    2. On corner lots, either the rear setback or side setback may be reduced to zero. However, the remaining side or rear setback must comply with the standards of Table 110-2.

Description: Description: Description: Attached house open space requirements

    1. The minimum total (combined) side setback standard of Table 110-2 applies along the sides of the building that do not have common or abutting walls.
    2. The front facade of any attached house may not include more than 40% garage wall area.
    3. Townhouse buildings may not contain more than 9 attached dwelling units.
  1. Two-unit Houses and Semi-Attached Houses on Corner Lots
    Under the conventional development option, two-unit houses and semi-attached houses are subject to the standards of Table 110-2 (88-110-06-B). In approved open space or conservation developments two-unit houses and semi-attached houses are allowed on corner lots in all R districts except R-80. In R-10, R-7.5, and R-6 districts, they are subject to the following additional standards.

a.       Two-unit houses and semi-attached houses are allowed on corner lots in situations in which such building types would not otherwise be allowed because they can be designed so each unit is oriented towards a different street. This gives the two-unit house and the semi-attached house the overall appearance of a detached house when viewed from either street.

b.      The corner lot must comply with the minimum lot area standard of the subject zoning district. No lot with less than 3,000 square feet of lot area may be used for the corner lot option.

c.       Each dwelling unit within the two-unit house or semi-attached house must have its address and main entrance oriented towards a separate street frontage. Conversion of an existing detached house may provide one main entrance with internal access to both units.

  1. Multi-unit House
    Multi-unit houses are subject to the standards of Table 110-2 (88-110-06-B) except as expressly modified or supplemented by the following standards.
    1. The street-facing facade of a multi-unit house may have only one visible entrance to the building. If the building is located on a corner lot, one building entrance may be visible from each street.
    2. Visible building entrances must be clearly emphasized by any one of the following means:
      1. covered porch or canopy;
      2. transom and sidelight windows;
      3. pilasters and pediment; or
      4. other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)
    3. Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.
    4. A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.
    5. Surface parking and parking within accessory structures must be located behind the front building line and otherwise concealed from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Surface parking and the edge of the driveway from the right-of-way to any parking area or structure must be landscaped in accordance with 88-425-05 and 88-425-06.

Description: Description: Description: Surface parking requirements for multi-family buildings

    1. The front facade of new multi-unit houses may not exceed 40 feet in width. Buildings may exceed this limitation if the street-facing plane of the building is broken into horizontal modules that comply with the following standards:
      1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a change in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet.
      2. Each module must have a corresponding change in the roofline.
      3. Each module must be distinguished from the adjacent module by at least one of the following means:
        1. changes in material colors, types or textures;
        2. changes in the building and/or parapet height;
        3. changes in the architectural details such as decorative banding, reveals, stone, or tile accents;
        4. change in window pattern; and
        5. the use of balconies and recesses.
    2. Architecture of the multi-unit house shall be designed in context with and reflect the predominant characteristics of other residential buildings within 500 feet of the exterior property lines of the multi-house, in regard to scale, roof pitch, material, ingress/egress
  1. Multi-unit Buildings
    Multi-unit buildings (i.e., buildings containing 3 or more dwelling units, other than multiplexes or multi-unit houses) are subject to the standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the following standards.

a.       Visible building entrances to dwelling units on the ground floor must be clearly emphasized by any one of the following means:

                                                  i.      covered porch or canopy;

                                                ii.      transom and sidelight windows;

                                              iii.      pilasters and pediment; or

                                              iv.      other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)

b.      Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.

c.       A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.

d.      Surface parking and parking within accessory structures must be located behind front building line or otherwise screened from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Surface parking and the edge of the driveway from the right-of-way to any parking area or structure must be landscaped in accordance with 88-425-05 and 88-425-06.

e.       Street-facing walls that are greater than 50 feet in length must be articulated with bays, projections, recesses, or other design elements that effectively break up the mass of the building.

 

 

88-140-03 Allowed Uses

 

Table 140-1 Manufacturing Districts Use Table

Table 140-1
Manufacturing Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

  Use Standards

Use Category  
  » specific use type

M1

M2

M3

M4

R E S I D E N T I A L

Household Living 

  » Single-family home

S

 

  » In single-purpose residential building

P

S

 

  » Above ground floor (in mixed-use building)

P

S

 

Group living

S

 

P U B L I C / C I V I C

Bicycle Sharing Facility

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

 

College/University

P

P

 

Day Care

P

P

S

S

 

Detention and Correctional Facilities

S

S

S

S

88-335

Halfway House

S

S

S

S

88-352

Hospital

P

 

Park/Recreation

P

P

P

P

 

Religious Assembly

P

P

P

P

 

Safety Service

P

P

P

P

 

Schools

 P

 

Utilities and Services (except as noted below)

S

S

S

S

 

   » Basic, minor

P

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

P

P

88-310

   » Adult motion picture theater

P

P

P

P

88-310

   » Sex shop

P

P

P

P

88-310

Animal Service

P

P

P

P

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

P

P

 

Business Equipment Sales and Service

P

P

P

P

 

Business Support Service(except as noted below)

P

P

P

P

 

   » Day labor employment agency

S

S

P

P

 

Communications Service Establishments

P

P

P

P

 

Drive-through Facility

P

P

 

Eating and Drinking Establishments

P

P

P

P

 

Entertainment and Spectator Sports

P

S

S

 

Financial Services

P

S

S

S

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

P

P

P

P

 

   » Undertaking

P

P

P

P

 

Gasoline and Fuel Sales

P

P

P

P

 

Office, Administrative, Professional or General

P

P

P

P

 

Office, Medical

P

P

 

Parking, Non-accessory

P

P

P

P

 

Personal Improvement Service

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

 

Research Service

P

P

P

P

 

Retail Sales

P

P

P

P

 

Sports and Recreation, Participant

P

S

S

 

Vehicle Sales and Service(except as noted below)

P

P

P

P

 

   » Light equipment sales/rental (indoor)

P

P

 

   » Light equipment sales/rental (outdoor)

P

P

 

I N D U S T R I A L

Junk/Salvage Yard

S

P

88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S

P

P

P

 

   » Intensive

P

P

 

Mining/Quarrying

S

S

S

S

88-355

Outdoor Storage

P

P

P

P

88-435-03

Recycling Service

   » Limited

P

P

P

P

 

   » General

S

S

S

P

 

Residential Storage Warehouse

P

P

P

 

Warehousing, Wholesaling, Freight Movement

   » Indoor

P

P

P

P

 

   » Outdoor

S

P

 

Waste-related Use

S

 

   » Demolition debris landfill

S

S

S

S

88-380

   » Solid waste separation facility

S

S

88-380

   » Transfer station

S

S

88-380

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Urban

   » Home Garden

P

P

P

P

88-312-02-A

   » Community Garden

P

P

P

P

88-312-02-B

   » Community Supported Agriculture 
     (CSA) Farm

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P

P

P

P

88-385

   » Co-located antenna

P

P

P

P

88-385

 

 

88-275-02-A.     The following uses are permitted as-of-right in the KCIA district without approval of a site plan:

1.            Agriculture, Crop or Animal

2.            Agricultural services, such as grist milling, corn shelling, hay baling, and threshing services, including sorting, grading, and packaging of fruits and vegetables and retail fruit and vegetable stands for products grown on the premises

3.            Animal Services, Stables

 

88-305-02-C.     HEIGHT

Accessory buildings and structures may not exceed 10 feet in height, except that detached garages may be up to 16 feet in height and allowed carriage houses may be up to 28 feet or 2 stories in height. In Districts AG-R and R-80, an accessory building may be up to 35 feet in height.

 

88-305-04 HOME OCCUPATIONS

88-305-04-A.     General

Home occupations are accessory uses to uses in the household living category. The regulations of this section are primarily intended to ensure that home occupations in R zoning districts will not be a detriment to the character and livability of the surrounding residential neighborhood. The regulations are also intended to ensure that the home occupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations also recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood.

88-305-04-B.     Applicability

Home occupations are allowed in R districts only if they comply with all of the standards of this section.

88-305-04-C.     Exemptions

1.      HOME-BASED DAY CARE
Home-based day care facilities are not regulated as home occupations and are exempt from the regulations of this section.

2.      BED AND BREAKFAST
Bed and breakfast uses are not regulated as home occupations and are exempt from the regulations of this section.

88-305-04-D.     Standards

A dwelling unit may be used for one or more home occupations subject to compliance with all of the following minimum standards:

1.      The home occupation must be accessory and secondary to the use of a dwelling unit for residential purposes, and the home occupation must not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

2.      All employees must reside in the dwelling unit in which the home occupation is located.

3.      No more than two clients shall be present at any time and must be present by appointment only.

4.      No separate entrance from the outside of the building may be added to the residential building for the sole use of the home occupation.

5.      There may be no internal or external structural alterations or construction, nor the installation of any equipment that would change the residential character of the property upon which the home occupation is located. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, and the addition of commercial-like exterior lighting.

6.      The home occupation and all related activities, including storage, must be conducted completely within the dwelling unit.

7.      No home occupation may produce or emit any noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, or any other effect that unreasonably interferes with any person's enjoyment of their residence.

8.      Hazardous substances are prohibited, except that consumer quantities are allowed. Consumer quantities of hazardous substances are packaged and distributed in a form intended or suitable for sale through retail sales outlets for consumption by individuals for purposes of personal care and household use.

9.      One non-illuminated wall sign, not exceeding 80 square inches in area may be displayed.

10.  The following uses are expressly prohibited as or in conjunction with home occupations:

a.       any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts;

b.      dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

c.       animal grooming, care or boarding;

d.      retail sales. 

 

88-305-07 Swimming Pools

Swimming pools are permitted in the side or rear yard only, and must be set back at least 10 feet from side and rear property lines. Swimming pools with a depth of more than 2 feet must be enclosed by a protective fence at least 4 feet in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a responsible person. 

 

 

88-305-12 LODGING AND BOARD

The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage. No display or sign shall be used to advertise such use. The lodger or boarder must live in common with the family, sharing a common entrance, kitchen facilities, and living areas. However, in no case shall more than five unrelated individuals reside within the dwelling. 

 

88-420-04-J.     Rapid Transit Stops

Special parking regulations apply to uses on lots located within 1,000 feet of a rapid transit stop, as follows.

1.         Office and manufacturing uses are not required to provide off-street parking spaces for the first 10,000 square feet of gross floor area.

2.         Retail sales-related uses are not required to provide off-street parking for the first 4,000 square feet of gross floor area. Retail sales-related uses may not exceed otherwise applicable minimum off-street parking requirements by more than 3 spaces or 33%, whichever is greater, unless such "extra" spaces are provided in an enclosed parking garage. For purposes of this paragraph, "retail sales-related uses" include general retail sales; food and beverage retail sales; and other uses that are primarily involved in the sales of goods to the general public.

3.         Restaurants are not required to provide off-street parking for the first 2,000 square feet of gross floor area per building.

4.         The above exemptions may be used in combination with any other exemption, reduction, or special area standards.

 

88-420-12-A.     General

Except as otherwise expressly stated in this zoning and development code, required parking spaces must be located on the same lot as the use to be served by the parking. Accessory parking areas require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the accessory parking area, unless approved as a special use pursuant to 88-525.

 

88-420-15-N.     Transit Accessibility

The city planning and development director may authorize up to a 25% reduction in office parking ratios for uses located within 1000 feet of a transit stop with 30-minute or more frequent service during the hours of 7:00 a.m. to 9:00 a.m. This reduction may not be applied in conjunction with the special rapid transit provisions of 88-420-04-J.

 

88-420-16 LOADING

88-420-16-B.     Design and location

1.      PLANS
Plans for location, design, and layout of all loading spaces must be indicated on required development plans.

2.      SPACE SIZE
Off-street loading spaces, excluding maneuvering areas, must be at least 10 feet wide and 25 feet long unless off-street loading will involve the use of semi-tractor trailer combinations or other vehicles in excess of 25 feet in length, in which case the minimum size of a space is 12 feet by 60 feet.

3.      SURFACING AND MAINTENANCE
All off-street loading areas must be paved.

4.      SIGNS
"No Idling" or "Idle-Free Zone" signs must be posted in all off-street loading areas.

5.      LOADING, UNLOADING, AND MANEUVERING
Unless otherwise approved by the city planning and development director, all loading and unloading spaces and related maneuvering areas must be located on the subject lot and may not be located in the right-of-way.

 

88-425-03-A.     Applicability

The street tree planting requirements of this section apply to all of the following, unless expressly exempted:

1.            construction of any principal building; and

2.            any addition to or enlargement of an existing principal building when the addition or enlargement exceeds 10 percent of gross floor area.

 

88-425-05-C.     Adjacent to Residential Zoning Districts

When a vehicular use area is adjacent to a residential zoning district, except when the vehicular use area serves a use permitted within that residential zoning district, perimeter landscaping must be provided to provide physical and visual separation between the vehicular use area and the residential zoning district.

1.      Perimeter landscaping adjacent to residential zoning districts must be provided in the form of a perimeter landscape strip or berm located between the vehicular use area and the residential zoning district.

2.      The landscape buffer strip must be at least 10 feet in width and be planted with enough evergreen shrubs to form a continuous visual screen at least 4 feet in height after the first growing season.

Description: Description: Description: Landscape buffer strip adjacent to residential district

 

3.         Ground cover plants must cover the remainder of the required landscape strip.

4.      A masonry wall or opaque wood fence with a minimum height of 5 feet may be substituted for shrubs, but ground cover is still required within the landscape buffer strip.

5.     On sites containing more than 250 surface (outdoor, at-grade) parking spaces, the perimeter landscape buffer requirements of 88-425-05-B.6 apply.

 

88-425-07-D.     Upper-Level Screening

In lieu of landscaping on upper levels of a parking garage, the parking may be screened by business or residential uses, glazing, metal grillwork, louvers, and other architectural treatments.

 

88-425-10-G.     Existing Trees and Vegetation

1.      Existing vegetation may be used to satisfy the landscaping and screening requirements of this zoning and development code if protected and maintained during site development and construction phases of work and if such trees or plants are not otherwise prohibited.

2.      Preserved trees will be credited toward satisfying the tree planting requirements of this zoning and development code if they meet the minimum size requirements of 88-425-10-B.2. Trees up to 6 inches in diameter at 42 inches will be credited on a 1:1 basis. Trees larger than 6 inches, up to 12 inches in diameter at breast height will be credited at a ratio of 2:1. Trees that are more than 12 inches in diameter at breast height will be credited at a ratio of 3:1 to encourage the preservation of existing mature trees.

 

88-430-04 General Regulations and Standards

88-430-04-A.     Flashing, revolving, or intermittent exterior lighting visible from any property line or street is prohibited. This shall not include motion-activated security lighting.

88-430-04-B.     High-intensity light beams, such as outdoor searchlights and lasers, are prohibited unless expressly approved for temporary use in accordance with the special use procedures of 88-525.

 

88-435-03 OUTDOOR STORAGE

Outdoor storage, when allowed per Tables 120-1 and 140-1, must comply with the following standards:

1.      Outdoor storage areas must be located outside of drive aisles, fire lanes, parking spaces, and any required setback;

2.      In the B4 district outdoor storage is prohibited in any required setback or within 20 feet of any property or right-of-way line, whichever is greater;

3.      In the M districts, outdoor storage is prohibited in any required setback or within 10 feet of any property or right-of-way line, whichever is greater;

4.      In the B4 district, outdoor storage may not cover an area exceeding 50% of the lot area and may not be located between the building line and any public right-of-way.

5.      Outdoor display and storage is allowed as an accessory use in all M districts if such storage is a customary accessory use to the principal use on a site.

6.      Outdoor display and storage is allowed as a principal use in the M2 and M3 districts.

7.      Outdoor display and storage must be screened in accordance with the standards of 88-425-09.

 

88-517-02-H.     Development plan review and approval is required for any property that was subject to an approved development plan prior to January 1, 2011, which has not expired, if the property has not been rezoned since that date, and if the proposed use is not in substantial compliance with the approved development plan; provided, however, that signage must comply with the regulations of Chapter 88, unless a signage plan has been approved.  

 

88-565-02 Applicability; Authorized Zoning Variances

88-565-02-A.     Except as prohibited in 88-565-02-B below, the board of zoning adjustment is authorized to grant a variance to any regulation in this zoning and development code.

88-565-02-B.      The zoning variance procedures of this article may not be used to:

1.      permit a principal use in a zoning district that is not otherwise allowed in that district;

2.      waive, modify, or otherwise vary any of the subdivision design or improvement standards of this chapter;

3.      waive, modify, or amend any definition or use classification;

4.      waive, modify, or otherwise vary any of the review and approval procedures;

5.      waive, vary, modify, or otherwise override a condition of approval or requirement imposed by another decision-making body; or

6.      vary the type and number of signs allowed.

 

88-610-04-D.

5. ACCIDENTAL DAMAGE OR DESTRUCTION

    1. When more than 50% of the volume of a structure containing a nonconforming use is destroyed or damaged, the use may not be restored except in conformance with the regulations of the zoning district in which it is located.
    2. When 50% or less of the volume of a structure containing a nonconforming use is accidentally (by causes that are not within the control of the property owner or tenant)destroyed or damaged the use may be restored or repaired provided that no new nonconformities are created and that the existing nonconforming situation is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 6 months of the date of occurrence of such damage, and once issued, construction must be diligently pursued or the nonconformity will be considered to be discontinued.
    3. The determination of the extent of damage or destruction rests with the city planning and development director, based on evidence provided by the property owner.
    4. No permit for restoration may be issued by the city planning and development director unless a certificate of legal nonconformance is presented with the request for a permit.
    5. Notwithstanding the foregoing, if a nonconforming use was lawfully established in accordance with a development plan approved by the City Council, the use may be rebuilt in accordance with said development plan.

 

88-805-03-H.     Park/Recreation

Recreational, social, or multi-purpose uses associated with public parks, public open spaces, public community centers, public play fields, public or private golf courses, or other recreation areas or buildings.

1.            COMMUNITY CENTER
A facility for meetings, recreation, or social activities.

2.            HOMES ASSOCIATION AMENITIES

Clubhouse and recreational amenities provided for a residential subdivision must be approved by a development plan or special use permit process. The term “recreational amenities” includes, but is not limited to, swimming pools, tennis courts, playgrounds, basketball courts, skate parks, and dog parks.

 

88-805-05-B.     Manufacturing, Production and Industrial Services

1.      ARTISAN
On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing, and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

2.      LIMITED
Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

3.      GENERAL

a.       Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: asphalt plants, concrete plants, textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Also includes medical, scientific, or technology-related research establishments that produce odors, dust, vibration, noise, vibration, or other external impacts that are detectable beyond the property lines of the subject property.

b.      Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products, or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as "repair or laundry services."

4.      INTENSIVE
Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. Also includes smelting, animal slaughtering, and oil refining.

 

 

88-810-580 ENCROACHMENT

For the purposes of interpreting 88-415, "encroachment" is a temporary or permanent activity (such as clearing vegetation or constructing a permanent improvement) that occurs within a stream setback zone that is expressly prohibited within that zone in accordance with 88-415-04. Mitigation activities are not considered encroachment.

 

88-810-590 EROSION

Process by which the ground surface is worn away be the action of wind, water, ice, gravity, or artificial means, and/or land disturbance.

 

88-810-1200 PLAN, SITE

A site plan portrays land uses, arrangement of buildings, off-street parking, lighting, landscaping, stormwater facilities, vehicle and pedestrian access routes, and other site features as required.

 

88-820-01 Lot Area

88-820-01-A.     Measurement

The total land area contained within the property lines of a lot.

88-820-01-B.     Exceptions

1.      A single-family dwelling, wherever permitted as an allowable use, may be erected on any area of land in separate ownership that was in existence at the time of the passage of the original Ordinance No. 45608, passed June 4, 1923, or any subsequent amendment thereto that causes the area of land in separate ownership to contain less area than required to house one family in the district in which it is located, provided all setback, height, and parking requirements of this zoning and development code are met. For purposes of this section, separate ownership means any lot previously established by a recorded subdivision plat or any lot established by a recorded conveyance made prior to March 1, 1954, or made in conformance with subdivision regulations of this code, or as otherwise lawfully established.

2.      A single-family dwelling, wherever permitted as an allowable use, may be erected on any area of land established by an approved lot split or subdivision plat.

 

88-820-12 FEATURES ALLOWED TO ENCROACH IN REQUIRED SETBACKS

Required setbacks in residential districts must be unobstructed and unoccupied from the ground to the sky except that features are allowed to encroach into required setbacks to the extent indicated in the following table:

 

Obstruction/Projection into Required Setback

Front

Side

Rear

Accessory buildings used for domestic storage (e.g., sheds and tool rooms)

No

No

No

Air conditioning units, provided the unit is not more than 4 feet in height

No

Yes

Yes

Arbors and trellises

Yes

Yes

Yes

Awnings, canopies, light shelves, and architecturally integrated solar shading devices

Yes

Yes

Yes

Bay windows that project no more than 3 feet into the setback and are located at least 4 feet above grade at their lowest point

Yes

No

Yes

Chimneys that project no more than 18 inches into the setback

Yes

Yes

Yes

Decks and balconies of less than 500 square feet for detached houses may extend into the rear yard setback, provided that a minimum rear yard setback of 20 feet is maintained

No

No

Yes

Eaves and gutters projecting 3 feet or less into setback

Yes

Yes

Yes

Fences and walls (no more than 20% opaque) up to 6 feet in height

No

Yes

Yes

Fences and walls (more than 20% opaque or solid) up to 6 feet in height

No

Yes

Yes

Fire escape, open; projecting not more than one-half the width of the setback

No

Yes

No

Fire escape, open; projecting not more than 8 feet into the setback

No

No

Yes

Fireproof outside stairway or solid-floored balcony to a fire tower that projects no more than 4 feet into the setback

No

No

Yes

Flagpoles

Yes

Yes

Yes

Geothermal heat pumps and geothermal heat exchange system equipment up to 4 feet in height above grade

No

Yes

Yes

Parking spaces, enclosed, accessed from alleys

No

No

Yes

Parking spaces, unenclosed in R districts

No

No

Yes

Patios that are not over 4 feet above the average level of the adjoining ground

No

No

Yes

Porches and balconies with a roof that are open on at least 3 sides

<10
feet

No

Yes

Rain barrels and cisterns up to 5 feet in height above grade

Yes

Yes

Yes

Recreational equipment (e.g., swing sets and basketball hoops)

No

No

Yes

Roof projecting from garage over open patio not to exceed 8 feet

No

No

Yes

Satellite dish antennas, not exceeding 1 meter in diameter

Yes

Yes

Yes

Satellite dish antennas, over 1 meter but not exceeding 2.4 meters in diameter

No

No

Yes

Sills, belt courses, cornices, buttresses and other architectural features projecting no more than 3 feet into the setback

Yes

Yes

Yes

Solar energy systems, building-mounted

No

Yes

Yes

Solar energy systems, ground-mounted

No

No

Yes

Stairs (unenclosed)

No

Yes

Yes

Steps no more than 6 feet above grade that are necessary for access to a permitted building or for access to zoning lot from a street or alley

Yes

Yes

Yes

Wheelchair lifts and ramps that meet federal, state and local accessibility standards

Yes

Yes

Yes

 

_________________________________________________

 

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

Senior Associate City Attorney