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Legislation #: 990880 Introduction Date: 7/1/1999
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Sections 80-20, Definitions, and 80-90, District R-5 (High apartments), and enacting in lieu thereof two new sections of like numbers and subject matters.

Legislation History
DateMinutesDescription
7/1/1999

Prepare to Introduce

7/1/1999

Referred Planning, Zoning & Economic Development Committee

7/28/1999

Hold On Agenda

8/25/1999

Hold Off Agenda

7/12/2000

Released


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ORDINANCE NO. 990880

 

Amending Chapter 80, Code of Ordinances, by repealing Sections 80-20, Definitions, and 80-90, District R-5 (High apartments), and enacting in lieu thereof two new sections of like numbers and subject matters.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-20, Definitions, and 80-90, District R-5 (High apartments), and enacting in lieu thereof two new sections of like numbers and subject matters:

 

Sec. 80-20. Definitions.

 

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Accessory use or building means a use or building customarily incident and subordinate to the then actual use or building and located on the same lot with the actual principal use or building.

 

Alley means a public way which affords only secondary access to abutting property.

 

Amusement park, children's means a group of not more than 12 amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three acres, which area shall include provisions for off-street parking.

 

Apartment hotel means an apartment house which furnishes services for the use of its tenants which are not primarily available to the public.

 

Apartment house means a building arranged, intended or designed at the time of original construction to be occupied by three or more families.

 

Attached accessory building means a building which has at least 25 percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

Auto wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

Block means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The director of codes administration shall decide any question regarding the limits or extent of a block.


Board means the board of zoning adjustment.

 

Boarder means any person who, in exchange for valuable consideration, receives the use of a sleeping room and meals.

 

Boarding house means a building other than a hotel, where room and meals are provided as part of a prearranged agreement.

 

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

 

Building coverage means the percentage of the lot area covered by the building area.

 

Building line means a line parallel to the front street line, between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

Chapter means the zoning ordinance, including this chapter 80.

 

Collector street means a street which carries traffic from minor streets to the major system of arterials streets and highways and includes the principal entrance streets to residential developments.

 

Community unit project means a residential building project of unlimited number of buildings on any size tract of land.

 

Converted dwelling means any residential building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for three or more families.

 

Curb level means the mean level of the curb in front of the lot, or, in case of a corner lot, along the abutting street where the mean curb is the highest.

 

Director of codes administration means the chief building official. The director is also occasionally referred to in this chapter as the commissioner of buildings and inspections.

 

Duplex means a building designed or used exclusively for residential purposes and containing two dwelling units separated by a common party wall or otherwise structurally attached.

 

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

 

Dwelling, multiple means a building or portion thereof designed for three or more dwelling units.

 

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy by one family and provided with sanitation and cooking facilities.

 

Family means an individual; or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen; or a group of eight or fewer unrelated mentally retarded or physically handicapped persons, including two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons in residence.

 

Floor area means the sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

Floor area ratio (FAR) means the ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

 

Garage, community means a building or portion thereof, other than a public or private garage, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

Garage, private means an accessory building for the storage only of motor vehicles.

 

Garage, public means a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

Group housing project means a residential building project consisting of four or fewer buildings on a tract or lot consisting of three or less acres.

 

Halfway house means a facility for rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are considered to be substance abusers; or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

 

Height of buildings means the vertical distance measured from the highest of the following three levels:

 

(1) From the curb level;

(2) From the established or mean street grade in case the curb has not been constructed; or

 

(3) From the average finished ground level adjoining the building if it sits back from the street line; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot and to the mean height level of the top of the main plate and highest ridge for other roofs.

 

Home occupation means any occupation of a service character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling, which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade or no commodity for sale shall be kept on the premises.

 

Homeless shelter means a charitable facility operated by either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

Hotel means a building occupied or used generally as a temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 15 sleeping rooms, and no provision is made for cooking in any individual guestroom.

 

Incinerator means a solid waste processing facility consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

Inn means a building occupied or used generally as a temporary place of residence of individuals or groups of individuals who are lodged, with or without meals, and in which there are less than 15 sleeping rooms.

 

Junk handling yard means a place where waste, discarded or salvaged metals, used plumbing fixtures and other materials are bought, sold, exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, or used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

Lodger means any person who, in exchange for valuable consideration, receives the use of a sleeping room without meals or cooking privileges.

 

Lodging house means a building, other than a hotel, where a room without meals or cooking privileges for five or more persons is provided for compensation.

 

Lot means a plot, parcel or tract of land with frontage on a street occupied or proposed to be occupied by one building or uses customarily incident to it.

Lot area means the area contained within the property lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

Lot, corner means a lot abutting upon two or more streets at their intersection.

 

Lot depth means the mean horizontal distance from the front street line to the rear line of a lot.

 

Lot, interior means a lot whose side lines do not abut a street.

 

Lot, through means an interior lot having frontage on two streets and distinguished from a corner lot.

 

Lot width means the mean horizontal distance between the side lines of the lot measured at right angles to the depth.

 

Major thoroughfare (street) means streets having, as their primary purpose, to provide for through traffic movement between areas and across the city, and having, as their secondary purpose, direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the major street plan as primary or secondary arterials.

 

Marquee means any hood of noncombustible construction projecting more than 12 inches from the wall of a building above an entranceway and having a roof area greater than 12 square feet.

 

Materials recovery facility means a facility where source-separated materials are separated and processed, but such operations shall not include auto wrecking and junk handling.

 

Mobile home means a factory-built structure more than eight feet in width and 32 body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation.

 

Mobile home development means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing longterm accommodation of more than 30 days for placement of two or more mobile homes, and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

Motel means a motorist's hotel where no portion of the building exceeds two stories in height and where at least 50 percent or more of the guestrooms are on the ground floor level and open directly on a private roadway or court.

Nonconforming use, yard or building means a use, yard or building that does not comply with the regulations of the district in which it is situated.

 

Off-street parking space means a paved area to which an automobile has direct access from a paved aisle of sufficient width.

 

Private club means a building and necessary grounds used for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

Row house means a row of three or more attached dwelling units, also known as a townhouse.

 

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

Sign, advertising copy. The term "advertising copy," as used in this chapter, means all letters, numbers and symbols constituting an advertising message.

 

Sign, animated means any sign with moving, rotating (other than on a vertical axis) or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises, which relies upon wind currents to create movement or the illusion of movement.

 

Sign, business advertising means an on-premises sign, other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

Sign, changeable copy panel means any panel which is characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

Sign, flat wall or fascia means a sign which is either painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than 12 inches from the wall and presents only one face with advertising copy to the public.

 

Sign, freestanding means a sign which is supported by one or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

Sign, gross area of means the smallest square, rectangle, triangle, circle or combination thereof necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided in this chapter, each face of a double-faced sign shall be computed and added to determine the gross area. This calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

Sign, incidental means a sign which guides or directs pedestrian or vehicular traffic.

 

Sign, outdoor advertising means an off-premises sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

Sign, roof means a sign, any part of which extends above the low point of a roof or parapet wall of a building and which is wholly or partially supported by the building.

 

Sign structure means a structure which ordinarily serves no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

Sign, temporary means a sign, directing attention to a temporary condition, including "for sale," "for rent," "for lease" or similar temporary real estate signs, but not including other business or outdoor advertising signs; signs identifying construction projects, including names of persons or firms engaged in the project; and signs for temporary uses of land such as carnivals, circuses or fairs, wherever such temporary uses are permitted. Temporary signs shall also include banners, pennants and unofficial flags, except those mounted upon permanent staffs, commemorating or drawing attention to a temporary activity, and signs of a political nature pertaining to public elections, including voting places.

 

Sign, tri-vision means a sign which, by the intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one message viewable at any one time.

 

Sign, under-marquee means a lighted or unlighted display attached to the underside of a marquee or canopy and protruding over private sidewalks or rights-of-way.

 

Solid waste separation facility means a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.

 

Stable, private means a detached accessory building for the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

Stable, riding means a structure in which horses, mules or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

Story means that part of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two of its opposite sides are situated in a sloping roof and the floor area of the attic does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

Street means a thoroughfare available to the public which affords the principal means of access to abutting property.

 

Street line means the dividing line between the street and the lot.

 

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.

 

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

 

Transfer station means a solid waste facility utilized as a central collection point at which solid waste from collection trucks or from a centralized location is placed in long haul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

Travel trailer means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit, would be considered examples of travel trailers.

 

Travel trailer camp means any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing shortterm accommodation, up to and including 30 days or less, for placement of two or more travel trailer units, and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

Truck includes tractor and trailer trucks, or any motor vehicle which carries a truck license.

 

Used tire facility means a site where waste tires are collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

Yard, front means an open space, unoccupied except as provided in this chapter, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot shall be as follows:

 

(1) The front yard of a corner lot consisting of one platted lot shall be adjacent to that street on which the lot has its least dimension, unless there is a question as to which is the least dimension. When this question arises, the director of codes administration shall make the determination.

 

(2) If a corner lot consists of all or more than two platted parcels of land, each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard of this lot shall be on the same street as the other lots.

 

(3) If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard shall be on that street on which there front the greater number of lots, either platted or unplatted.

 

Any question as to the requirements for a corner lot set out in this definition shall be determined by the director of codes administration.

 

Yard, least dimension means the least of the horizontal dimensions at any level of such yard at such level.

 

Yard, rear means an open space, unoccupied except as provided in this chapter, on the same lot with a building, between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at a right angle to the rear line of the lot.

 

Yard, side means an open space, unoccupied except as provided in this chapter, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard. Any line not a rear line or a front line shall be deemed a side line.

 

Yard waste compost facility means a facility that processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

(b) Words not otherwise defined in this section shall have their common meanings. Words used in the present tense include the future; and the singular number includes the plural and the plural the singular, unless the context clearly implies otherwise.

 

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) Medical research facilities 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. 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 90-444, plus an additional 25 percent of that required, shall be provided on the premises.

 

4. Specific plans are presented to the board of zoning adjustment, and its approval shall be based upon these plans.

 

5. The proposed use will not affect adversely the present character or future development of the surrounding residential community.

 

6. 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.

 

7. 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.

 

8. Any signs necessary for the proper identification of the facilities within such medical research facility 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.

 

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. and (c) of this section, as applicable. Variances of yard, setback and parking requirements may be granted after hearing by the board of zoning adjustment in compliance with section 80-300, Code of Ordinances. Additionally, signs necessary for the proper identification of the facilities within such medical research facility 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.

 

c. Without board of zoning adjustment approval, on property bordered on three sides by streets, a medical research facility for multiple occupancy may be constructed. The parking requirements shall be as specified in section 80-444. The yard requirements shall comply with subsection (c) of this section, provided that where the use is proposed in an existing building and parking lot, the building and parking lot setback requirements need not be met. Variances of yard, setback and parking requirements may be granted after hearing by the board of zoning adjustment in compliance with section 80-300, Code of Ordinances. Additionally, signs necessary for the proper identification of the facilities within such medical research facility 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.

 

(9) 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.

 

(10) 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.

 

(11) 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.

 

(12) Inns with a public dining room, banquet facility or restaurant under the following conditions:

 

a. Specific plans are presented to the board of zoning adjustment for approval, and its approval shall be based upon these plans.

 

b. The proposed use will not affect adversely the present character or future development of the surrounding residential community.

 

c. 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.

 

d. If a new building is to be constructed, the side yard requirements for this district shall be increased by one hundred percent (100%), except on the side street of a corner lot; and the rear yard requirements for this district shall be increased by fifty percent (50%). The property shall be suitably landscaped and well maintained.

 

e. A permit may be issued for a specified period of time as well as for an unlimited time at the request of the applicant and at the discretion of the board. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

f. The board may impose such conditions as to operation, site development, signs, times of operation or any other matter as may be deemed necessary in order that such use shall not materially injure or curtail the appropriate use of neighboring property; shall not jeopardize the public health, safety and welfare; and does not violate the general spirit or intent of this section.

 

g. The public dining room, banquet facility or restaurant shall be operated or supervised by the inn management and the public entrance to such dining room, banquet facility or restaurant shall be 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.

h. The size of any banquet facility located within an inn shall not exceed more than fifteen percent (15%) of the total gross square feet of the principal building.

 

(13) 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

____

50

)

2

}

 

 

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

50

)

2

x A

 

 

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 2. 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