KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 121016 Introduction Date: 12/6/2012
Type: Ordinance Effective Date: 2/17/2013
Sponsor: COUNCILMEMBER JOHNSON
Title: Amending Chapter 18, Article II, Code of Ordinances, by repealing Sections 3201.1.1, 3201.5, 3201.5.1, 3201.5.2, 3201.5.3, 3201.5.4, 3201.6, 3201.7 and 3201.8, and enacting new Sections 3201.1.1 and 3201.1.2 in said chapter and article, and enacting a new Section 18-25 in Article I of Chapter 18, to amend the regulations regarding encroachments.  

Legislation History
DateMinutesDescription
12/5/2012 Filed by the Clerk's office
12/6/2012 Referred to Planning, Zoning & Economic Development Committee
12/12/2012 Hold On Agenda (12/19/2012)
12/19/2012 Hold On Agenda (1/16/2013)
1/16/2013 Hold On Agenda (1/30/2013)
1/30/2013 Do Pass as a Committee Substitute
1/31/2013 Assigned Third Read Calendar as Substituted
2/7/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
121016.pdf Authenticated 86K AUTHENTICATED
121016 Fact Sheet.doc Fact Sheet 45K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121016 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121016
121016com.docx Compared Version 23K compared version

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 121016

 

Amending Chapter 18, Article II, Code of Ordinances, by repealing Sections 3201.1.1, 3201.5, 3201.5.1, 3201.5.2, 3201.5.3, 3201.5.4, 3201.6, 3201.7 and 3201.8, and enacting new Sections 3201.1.1 and 3201.1.2 in said chapter and article, and enacting a new Section 18-25 in Article I of Chapter 18, to amend the regulations regarding encroachments.  

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 18, Article II, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 3201.1.1, 3201.5, 3201.5.1, 3201.5.2, 3201.5.3, 3201.5.4, 3201.6, 3201.7 and 3201.8, and enacting new Sections 3201.1.1 and 3201.1.2 in said chapter and article, and enacting a new Section 18-25 in Article I of Chapter 18, said new sections to read as follows:

 

3201.1.1. Encroachment. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, including right-of-way, except where authorized by an encroachment permit, or specifically allowed without a permit, in accordance with Article I, Section 18-25.

 

3201.1.2 Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal or modification is directed by the building official.

 

Sec. 18-25. Encroachment onto public property.

 

(a) Generally. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, including right-of-way, except where allowed without a permit in this section, unless authorized by an encroachment permit,

 

(b) Encroachment permit required. The building official may issue an encroachment permit to construct an encroachment based on plans prepared according to the provisions of section 18-18 showing construction and clearances in compliance with Article II, Chapter 32, and the required approval of the municipal art commission, the department of public works or the department of parks and recreation, and other public utilities and agencies. The department of public works and the department of parks and recreation, using standards provided by the ADA Compliance Manager, shall not approve any encroachment request unless the department determines that the encroachment will not cause the right-of-way to be out of compliance with the Americans with Disabilities Act, and its standards and guidelines, or will not exacerbate any existing non-compliance, and will not impede the use of the right-of-way for its intended purposes. The building official shall issue a permit if he or she finds, based on the approvals received, that the portion of the right-of-way to be used by the adjoining property owner is not required, or anticipated to be required, in the immediate future for special use by the city or other occupants of the right-of-way, and can be used by the adjoining property owner without impeding the public interest in maintaining the right-of-way.

 

(c) Insurance. The permittee shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

(1) Liability insurance with either a combined single-limit policy of $500,000.00, or a split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00 property damage.

 

(2) The city shall be added as an additional insured to such policy by separate endorsement.

 

(3) The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten days prior thereto.

 

(4) Before the permit is issued, and annually thereafter, the permittee shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (2) and (3) have been met.

 

(d) Revocation. Authorization for an encroachment shall be construed as a permit and not a grant and may be revoked or modified by the city at any time; and, upon revocation or modification, the permittee or the owner of the property adjacent to or adjoining such encroachment, at the same time as the removal or modification of the encroachment may be required, shall cause the removal or modification of the encroachment and construction of necessary walls and footings to protect the public property, without expense to the city.

 

(e) Exceptions to permit requirement. Encroachment permits shall not be required for:

 

(1) Cornices, sills, pediments and similar projections of decorative character when not more than ten inches beyond the property line, provided that every part of such projection is not less than ten feet above the sidewalk and not less than 15 feet above any alley or vehicular trafficway.

 

(2) Wheel guards of metal or concrete with rounded surfaces when encroaching onto public property, except alleys, not more than ten inches and not more than 18 inches above grade.

 

(3) Metal wall plates and metal angle corners when projecting onto public property not more than one inch.

 

(4) Sill cocks, fire department connections and sprinkler system control valves when encroaching onto public property not more than eight inches.

 

(5) Awnings wholly supported by the building to which attached (no legs or stanchions to the ground) providing construction, projection, clearances and design conforming with Article II, section 3202.

 

(6) Footings conforming with section Article II, section 3202.1.1.

 

(7) Curbs or buffer blocks projecting not more than nine (9) inches and not exceeding a height of nine (9) inches above grade.

 

(8) Wall signs extending not more than one foot beyond the face of the wall and located not less than 10 feet above the grade of any public sidewalk or 15 feet above the grade of any public street or alley.

 

(9) Sidewalk cafes permitted under Section 64-164, Code of Ordinances.

 

(f) Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the building official.

 

(g) License fees. Encroachment into the right-of-way will be subject to the imposition of an annual license fee as required by Section 18-20. Encroachments granted to the political subdivisions of the State of Missouri, to the State of Missouri and its agencies, and to the United States and its agencies will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities, so long as said encroachments serve a public purpose; however, community improvement districts, neighborhood improvement districts and transportation development districts shall not be exempt from encroachment fees.

 

____________________________________________

 

Approved as to form and legality:

 

 

______________________________

M. Margaret Sheahan Moran

Assistant City Attorney