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Legislation #: 951440 Introduction Date: 10/19/1995
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, by repealing Section 80-90, District R-5 (high apartment), and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
10/19/1995

Prepare to Introduce

10/19/1995

Referred Planning, Zoning & Economic Development Committee

11/8/1995

Do Pass

11/9/1995

Assigned to Third Read Calendar

11/16/1995

Passed


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ORDINANCE NO. 951440

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, by repealing Section 80-90, District R-5 (high apartment), and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-90, District R-5 (high apartment), and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-90. District R-5 (high apartment).

 

(a) Purpose. District R-5 is a transitional district but predominantly residential in character. It is designed to provide high density apartment construction as well as certain institutional uses compatible with high density residential development. Other uses permitted are noncommercial in nature and serve to buffer residential and commercial developments.

 

(b) Use regulations. In district R-5, 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 this chapter:

 

(1) Any use permitted in district R-4.

 

(2) Apartment hotels and hotels.

 

(3) Clinics for people only, and offices of surgeons, physicians, including osteopaths and chiropractors, or dentists, under the following conditions:

 

a. The clinic or office adjoins or abuts a business or industrial district within the

same block;

 

b. The clinic or office borders or fronts on a major thoroughfare; and

 

c. Off-street parking is provided on the premises as required for medical office

buildings in section 80-444, plus an additional 25 percent of that requirement.

 

(4) Convalescent homes, including congregate care facilities, nursing or old folks' homes, other than for mental patients, alcoholics or persons having contagious

diseases.

 

(5) Eleemosynary uses or institutions, other than those specifically enumerated in this chapter, under the following conditions:

 

a. The use is located on property which has at least 100 percent greater lot area

than the average of both:

 

1. All the lots in the block in which it is located; and

 

2. All lots on the street on which the property fronts across the street

from the block; and

 

b. In case of a corner lot, the property has 100 percent greater lot area than the

average of the lots on the other three corners of the intersection; or

 

c. The lot area of the property is 100 percent greater than that required in the

district, whichever is greater; provided that a plan meeting all the

requirements of section 80-271 is submitted to and approved by the city

council.

 

(6) Funeral homes or mortuaries, subject to the following conditions:

 

a. The property shall consist of not less than five acres of land in a single tract

or parcel not intersected or divided by any street, alley or property belonging

to any other owners; provided that this five acre requirement shall not apply

if the funeral home is located within a cemetery which consists of at least 50

acres of land.

 

b. The property shall have at least a 500-foot frontage on a major thoroughfare;

 

c. The entrance and exit shall be directly to and from a major thoroughfare or

parkway;

 

d. Parking space shall be provided as set forth for funeral homes under section

80-444;

 

e. Definite and detailed plans for shrubbery and landscaping shall be presented

and made part of the permit. Such landscaping shall provide for boundary

screen planting of a minimum width of 20 feet and a height adequate to

provide a protective screen for adjoining residential uses; provided that for

any funeral home which is located within a cemetery consisting of at least 50

acres of land no screening shall be required from the cemetery property; and

 

f. No principal building or accessory building shall be within 100 feet of the

boundary of an adjoining property which is located in an R-1 to C-1 district,

inclusive. No driveway or parking area shall be within 25 feet of the

boundary of an adjoining property which is located in an R-1 to R-5 district,

inclusive. Provided that for any funeral home which is located within a

cemetery consisting of at least 50 acres of land no setbacks shall be required

from the cemetery property except that no principal or accessory building

shall be within 100 feet of any public right of way.

 

(7) Hospitals, sanitariums and institutions or special medical facilities for the care and treatment of mental disability and illness, when located on land at least three acres

in size; provided that, in the case of such use fronting on a major thoroughfare, the

three-acre requirement may be waived if not warranted to adequately accommodate

its functional operation and to ensure proper relation to the function of adjoining

uses; and further provided that a plan meeting all requirements of section 80-271 is

submitted to and approved by the city council. Any signs necessary for the proper

identification of the facilities within such hospital, sanitarium, institution or special

medical facilities may be permitted subject to approval of the board of zoning

adjustment. Such signs shall be on-premises signs and limited to proper identification

of the facilities.

 

(8) Office buildings used exclusively for the administrative functions of business firms, professional groups or societies or any combination of such organizations, under the

following conditions:

 

a. After public notice and hearing and approval by the board of zoning

adjustment, such buildings may be constructed provided that:

 

1. The occupancy has only limited contact with the general public.

 

2. No merchandise is handled or merchandising services are rendered on

the premises.

 

3. The density of occupancy does not exceed one person for each 90

square feet of lot area.

 

4. Off-street parking required for office buildings in section 80-444,

plus an additional 100 percent of that requirement, is provided on the

premises. No parking shall be permitted within ten feet of any side or

rear line, and no parking shall be permitted in the front yard required

in the R-5 district. Where the property abuts or adjoins a business or

industrial district, off-street parking required in section 80-444, plus

an additional 25 percent of that required, shall be provided on the

premises.

 

5. Specific plans are presented to the board of zoning adjustment, and

its approval shall be based upon these plans.

 

6. The proposed use will not affect adversely the present character or

future development of the surrounding residential community.

 

7. If the proposed use is to be in a building now constructed, there shall

be no exterior alterations of the building, except those approved by

the board. The yard shall be suitably landscaped in accordance with

the plans presented to the board and shall be well maintained.

 

8. If a new building is to be constructed, the side yard requirements for

this district shall be increased by 100 percent, except on the street

side of a corner lot; and the rear yard requirements for this district

shall be increased 50 percent. The property shall be suitably

landscaped and well maintained.

 

b. Without board of zoning adjustment approval, such buildings may be

constructed when the property abuts or adjoins a C-4 or industrial district

within the same block, and lies wholly within 300 feet of the boundary

between the R-5 district and C-4 or industrial district. The parking and yard

requirements shall be as specified in subsection (b)(8)a.8 of this section, as

applicable. The number of employees permitted in the office building shall

be one person for each 70 square feet of lot area, and the entire lot area

included in the same ownership shall be used in this density determination.

 

c. Without board of zoning adjustment approval, on property bordered on three

sides by streets, and where the building will face on a major thoroughfare, not

including a parkway or boulevard, an office building for multiple occupancy

may be constructed. The parking requirements shall be as specified in

subsection (b)(8)a.8 of this section, as applicable. The yard requirements

shall comply with subsection (c) of this section. The density of occupancy

shall not exceed one person for each 90 square feet of the area of the lot.

 

(9) Television and radio broadcasting studios, production studios, administrative offices and microwave relay facilities, provided:

 

a. Any tower or transmission structure accessory thereto shall not exceed ten

feet in height.

 

b. Such studios shall not provide more than 25 permanent seats for studio

audiences.

 

(10) Mixed-use/office-residential, where the office use is used exclusively for the administrative functions of business firms, professional groups or societies, including

medical offices (but excluding medical research facilities) or any combination of

such organizations, provided that such development is within a limited district,

pursuant to section 80-271, or within a planned district, pursuant to section 80-272

et seq., under the following conditions without exception:

 

a. The ratio of office floor area to residential floor area shall not be less than 30

percent to 70 percent, and not more than 70 percent to 30 percent.

 

b. The administrative office occupancy shall have only limited contact with the

general public.

 

c. No merchandise shall be handled or merchandising services rendered on the

premises.

 

d. In determining the number of units and the office floor area allowed, there

shall be an initial determination of the number of dwelling units to be allowed

based upon the area requirements as set forth in subsection (c)(6) of this

section. The lot area required for the number of dwelling units shall be

deducted from the total lot area. Based on such reduced lot area, the floor

area devoted to office space shall not exceed 50 percent of the net lot area.

 

e. Off-street parking shall be as required for both office/medical office buildings

and residential uses in section 80-444, plus an additional 100 percent of the

office/medical office requirement on the premises. No parking shall be

permitted within ten feet of any required side or required rear line and no

parking shall be permitted in the front yard required in the R-5 district.

Loading requirements of section 80-445 shall apply to the office/medical

office portion only.

 

f. The proposed mixed use shall not affect adversely the present character or

future development of the surrounding residential community.

 

(11) Accessory uses as in district R-4; and, in addition, the following are permitted:

 

a. A public dining room or restaurant located within an apartment hotel or hotel,

and operated or supervised by the apartment or hotel management, shall be

permitted, provided that the public entrance to such dining room or restaurant

is from within the building, and further provided that no window or other

display or sign is used to advertise such use, except that a sign not to exceed

120 square inches shall be allowed, to designate the use thereof.

 

b. Such facilities as are required for the operation of a hotel, an apartment hotel

or apartment house, or primarily for the use or entertainment of guests or

tenants of the hotel, apartment hotel or apartment house, shall be permitted,

when operated or supervised by the apartment or hotel management, and

when located and conducted within the building, and when entered only from

within the building, provided no display or sign is used to advertise such use.

 

c. A helipad shall be permitted, provided a plan is submitted for review and

recommendation by the city plan commission and approved by the city

council. The plan shall include sufficient information for the commission to:

 

1. Determine if any adverse effect is minimized on adjoining property

by indicating all structures which abut, adjoin or are part of the

facility, public rights-of-way and private drives;

 

2. Ensure an adequate and safe landing area with controlled or restricted

access, by indicating its size, location and screening;

 

3. Ensure adequate surfacing of the landing area to avoid the blowing of

dust and dirt; and

 

4. Review approach and departure paths to ensure safe and adequate

operation.

 

The plan shall be supplemented by a favorable report by the local district

office of the Federal Aviation Administration. For the purposes of this

subsection, a helipad is defined as an area of land or structural surface

designed to accommodate one landing space for helicopters, for the purpose

of boarding or discharging passengers or cargo. No other facilities are

permitted.

 

d. One sign only shall be permitted, subject to review and approval by the board

of zoning adjustment. Such sign may be either a freestanding or wall sign.

The sign shall contain only the name of the building or principal business or

occupant on the premises. The following sizes may be permitted:

 

1. Freestanding signs:

 

i. Freestanding signs shall not exceeds a maximum square

footage determined by the formula of:

 

 

10 distance of sign from street right-of-way +30 2

50

Freestanding signs need be no less than ten square feet and

shall be not greater than 40 square feet in area.

 

ii. The height of freestanding signs in feet, measured at the final

grade, shall be determined by the formula of:

 

Distance of sign from street right-of-way + 30

10

 

Freestanding signs need not be less than five feet in height

and shall be no more than ten feet in height.

 

2. Wall signs:

 

i. Wall signs shall be limited in size of square footage

determined by the formula of:

 

d + 30 2 x A

50

 

Where:

 

d = Distance of wall from street right-of-way

 

A = Area of the building facade

 

The area of a wall sign shall not exceed four percent of the

area of the building facade, and is not to exceed 20 feet of the

height of the building. The formula for the area of

freestanding signs may be used in lieu of the formula in this

subsection.

 

ii. Wall signs need be no less than ten feet and shall be no

greater than 40 feet in area. Wall signs shall not project over

the roofline.

 

3. No sign in the R-5 district shall be illuminated unless the board of

zoning adjustment determines that illumination is necessary in the

public interest upon a demonstration of good cause by the applicant.

 

4. The board of zoning adjustment shall use the following criteria to

determine whether the sign shall be permitted: Such sign is necessary

for identification; without such sign, the requested site identification

would be difficult or impossible; such sign is compatible in design

and scale with the building and the surrounding neighborhood; and

such sign does not obstruct vehicular or pedestrian visibility.

 

(c) Height, yard and area regulations. In district R-5, the height of buildings or structures, 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):

 

(1) Height. Buildings or structures shall not exceed 12 stories and shall not exceed 164 feet in height at the highest point of the building or structure.

 

(2) Front yards. The front yards in this district shall have a minimum depth of 15 percent of the depth of the lot, but the depth of such lot yard need not be more than 20 feet.

 

(3) Side yards.

 

a. 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, except that the minimum side yard for structures 35 feet in

height shall be six feet and that for each story above 35 feet, or three stories,

one foot shall be added to this required yard.

 

b. 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 (c)(2) of this section.

 

(4) Rear yards.

 

a. 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 25 feet.

 

b. The area occupied by a detached accessory building in the rear yard shall be

limited to 40 percent of the area of the rear yard.

 

(5) Lot width.

 

a. The minimum mean width of a lot shall be 50 percent; except that, where a

lot has a mean width of less than 50 feet and is in separate ownership on or

before January 1, 1954, this subsection will not prohibit the erection of a one-family dwelling.

 

b. Duplexes and multiple dwellings, hereafter erected, require a minimum lot

width of 50 feet.

 

(6) Lot area. 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:

 

a. For single-family dwellings, 4,000 square feet per dwelling.

 

b. For two-family dwellings, 2,000 square feet per dwelling unit.

 

c. For dwellings with more than three dwelling units, other than row houses,

hotels, apartment houses and apartment hotels, and for conversions, 5,000

square feet for three dwelling units plus 1,000 square feet additional for each

dwelling unit over three.

 

d. For row houses, 1,000 square feet per dwelling unit.

 

e. For apartment houses, apartment hotels and hotels, 350 square feet per

dwelling unit or room.

 

(d) Parking and loading regulations. Parking and loading regulations shall be as provided for in sections 80-444 and 80-445.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney