ORDINANCE NO. 190501

Amending Chapter 88, the Zoning & Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning & Development Code periodic review. (CD-CPC-2018-00218)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Sections 88-205-07, Documentation of Overlays, 88-420-06, Parking Ratios, 88-445-07, Signs in Non-Residential Districts (Office, Commercial and Manufacturing), and 88-820-13-B., Exceptions, are hereby repealed and new sections of like number and title are hereby enacted, with said new sections to read as follows:

88-205-07 - DOCUMENTATION OF OVERLAYS

88-205-07-A. Once an overlay district is approved by the city council, the city planning and development department must amend the official zoning maps to identify the overlay district boundaries and designation, together with the underlying zoning designation.

88-205-07-B. The city planning and development department must maintain a list of established overlay districts by type.

88-205-07-C.

Except as otherwise expressly stated, off-street parking must be provided in accordance with the following minimum ratios. In lieu of complying with these minimum standards, applicants may apply for approval of an alternative compliance parking plan, in accordance with 88-420-15. See also the exemptions reductions and special area standards of 88-420-04. Bicycle parking must be provided in accordance with 88-420-09.

Table 420-1.

88-445-07 SIGNS IN NON-RESIDENTIAL DISTRICTS (OFFICE, COMMERCIAL AND MANUFACTURING)

Signs to identify parking areas allowed by special use permit shall be approved in conjunction with such special use permit, although no sign may exceed 12 square feet in area or 6 feet in height. Such signs may show only the hours in which the parking lot is open and the persons authorized to use the parking area.

The following business advertising signs are permitted in non-residential districts. Signs within the P/O, pedestrian-oriented overlay district must comply with the requirements of 88-445-09.

88-820-13-B.     EXCEPTIONS

1. PARAPET WALLS AND FALSE MANSARDS

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

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

3. AMUSEMENT PARK RIDES, AMUSEMENT ATTRACTIONS OR ROLLER COASTERS

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

4. LIMITATIONS ON ROOFTOP FEATURES IN R DISTRICTS

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

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

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

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

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

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

Section B. That new Sections 88-215-02-E, Special Character Districts, PBO and 88-420- 04-M, Single Family or Duplex Structure, are hereby enacted, with said new sections to read as follows:

88-215-02-E. The PBO, Plaza Bowl Overlay, ensures that future expansion with the area generally located on the south and north sides of 47th Street (extending northerly to the north side of 46th Terrace), between Madison Avenue on the west and J.C. Nichols Parkway on the east will continue in a quality manner, respectful of the current design of the Plaza. The overlay codifies height and use recommendations of the Midtown Plaza Area Plan.

88-420-04-M. SINGLE FAMILY OR DUPLEX STRUCTURE.

For any single family or duplex structure on a lot platted prior to September 10, 1951, no off-street parking shall be required.

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

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

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Secretary, City Plan Commission

Approved as to form and legality:

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Sarah Baxter

Assistant City Attorney