COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 190506, AS AMENDED
Amending Chapter 88, the Zoning
& Development Code, by repealing Section 88-610-03., Nonconforming Lots,
and enacting a new section of like number and title in lieu thereof; deleting
Section 88-820-01-B., Exceptions; enacting Section 88-110-06-D., Exceptions, to
permit construction of a single family-dwelling on an area of land legally
created; and providing for a delayed effective date. (CD-CPC-2019-00060)
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section
A. That Section 88-610-03. Nonconforming Lots is hereby repealed and a new
section of like number and title is enacted, to read as follows:
88-610-03-A.
DESCRIPTION
A nonconforming
lot is a lawfully created lot that does not comply with the most restrictive
minimum lot area or lot width standards of the zoning district in which the lot
is
now located.
88-610-03-B. USE
OF NONCONFORMING LOTS
1. In
residential zoning districts, a detached dwelling is allowed on a nonconforming
lot whose width is more than thirty feet.
2. In
residential zoning districts, a detached dwelling is allowed on a nonconforming
lot whose width is less than 30 feet if it is separated from the nearest
adjacent detached dwelling by at least six feet; however, in no case shall it
be required to provide a setback from the intervening property line in excess
of four feet, even if it results in a separation of less than six feet from the
nearest adjacent dwelling. Notwithstanding the foregoing, in no case shall it
be permitted to provide a setback from the intervening property line which is
less than that required in the district in which it is located.
3. In
nonresidential zoning districts, a nonconforming lot may be developed with a
use allowed within the subject zoning classification. If the zoning allows a
variety of uses or a variety of intensities of uses and one or more uses or
intensities would comply with applicable lot area and lot width standards,
while others would not, then only the uses or intensities that comply with
applicable standards are permitted.
88-610-03-C.
DIMENSIONAL STANDARDS
Development on
nonconforming lots must comply with the bulk and density standards of the
subject zoning classification unless otherwise expressly stated.
Section
B. That Section 88-820-01-B, Exceptions, is hereby repealed.
Section
C. That Section 88-110-06-D, Exceptions, is hereby enacted, with said new
section to read as follows:
88-110-06-D.
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 lot width or
less lot 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.
Section
D. 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.
Section
E. That this ordinance shall become effective 6 months from passage.
__________________________________________
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:
_____________________________
Sarah
Baxter
Assistant
City Attorney