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Legislation #: 160341 Introduction Date: 4/28/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Code of Ordinances, through revisions and clarifications throughout the chapter in accordance with the Zoning _ Development Code periodic review (254-S-314)

Legislation History
DateMinutesDescription
4/28/2016 Filed by the Clerk's office
4/28/2016 Referred to Planning, Zoning & Economic Development Committee
5/4/2016 Do Pass as a Committee Substitute
5/5/2016 Assigned Third Read Calendar as Substituted
5/12/2016 Councilmember Taylor (Second by Wagner) Move to Amend
5/12/2016 Passed as Substituted and Amended

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160341 Staf Report .pdf Staff Report 1537K Staff Report
160341 Fact Sheet.pdf Fact Sheet 232K Fact Sheet
rfo_254S314_NON-COMPARED.pdf Request for Ordinance 1340K R-2016-00316_NON-COMPARED

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160341, AS AMENDED

 

Amending Chapter 88, Code of Ordinances, through revisions and clarifications throughout the chapter in accordance with the Zoning & Development Code periodic review (254-S-314)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 88-25-03, Table 110-1 in Section 88-110-03, Table 120-1 in Section 88-120-03, Table 130-1 in Section 88-130-04, Table 140-1 in Section 88-140-03, 88-305-02, 88-305-06-A, 88-305-09, 88-318, 88-323-01-A.3, 88-325, 88-331-01-A, 88-335-01-A.-B., 88-352-01-A.-B., 88-375, 88-405-04, 88-425-04, 88-425-11-A.4., 88-425-12, 88-430-06, 88-505-06, 88-555, 88-620-B., 88-805-04-U.-X., 88-805-06-B., 88-810-1660, and 88-820-12, are hereby repealed and new sections of like number and title are hereby enacted; that Sections 88-385-05-D., 88-385-05-E., 88-385-05-F., 88-517-02-I. 88-610-04-D.6-7, and 88-805-04-Y are hereby repealed; and that new Sections 88-25-04, 88-820-15 and 88-378, are hereby enacted, with said revised and new sections to read as follows:

 

88-25-03 EXISTING USES

88-25-03-A. When a use classified as a special use under this zoning and development code exists as a special use or permitted use on the effective dates specified in 88-10-02 and has been in continuous use since that date, such use will be considered a lawfully established special use.

 

88-25-03-B. When any amendment to this zoning and development code changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use if in continuous use after the effective date of such amendment.

 

88-25-03-C. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of 88-610.

 

88-25-04 ZONING DISTRICT CONVERSIONS

88-25-04-A.    DOWNTOWN AREA

The zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows within the downtown area, which is the area bounded by the Missouri River on the north; the Kansas-Missouri state line on the west; 31st street on the south; and the Paseo on the east:

 


 

Downtown Area Zoning Districts

Previous Zoning District

New Zoning District

  Downtown (See 88-130)

C-4

Central Business

DC-15

Downtown Core

URD

Urban Redevelopment District

UR

Urban Redevelopment

R

Any "R' District

 -> As specified in 88-25-06-B

M

Any "M" District

 -> As specified in 88-25-06-B

Other

Districts other than C-4, URD, R or M

 -> As specified in 88-25-06-B

No existing equivalent

DR

Downtown Residential

No existing equivalent

DX

Downtown Mixed-Use

 

88-25-04-B.    OTHER AREAS

Except as expressly stated for the downtown area in 88-25-06-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

 

Zoning Districts – Other Areas

Previous Zoning District

New Zoning District

Residential (See 88-110

RA

Agricultural

R-80

Residential 80

GPA

Agriculture

R-80

Residential 80

R-1aa

One-family Dwellings

R-10

Residential 10

R-1bb

One-family Dwellings

R-10

Residential 10

GPR1

Residential Low-density

R-10

Residential 10

GP-6

Low-density Residential

R-7.5

Residential 7.5

GPR2

Residential Medium-density

R-7.5

Residential 7.5

R-1a

One-family Dwellings

R-7.5

Residential 7.5

GP-5

Medium-density Residential

R-6

Residential 6

R-1b

One-family Dwellings

R-6

Residential 6

R-2a

Two-family Dwellings

R-5

Residential 5

R-2b

Two-family Dwellings

R-2.5

Residential 2.5

R-3

Low-density Low Apartments

R-2.5

Residential 2.5

GP-4

High-density Residential

R-1.5

Residential 1.5

R-4

Low Apartments

R-1.5

Residential 1.5

R-4O

Low Apartments/Admin. Office

R-1.5

Residential 1.5

R-5

High Apartments

R-0.5

Residential 0.5

R-5O

High Apartments/Admin. Office

R-0.5

Residential 0.5

R-6

High Apartments Provisional

R-0.3

Residential 0.3

Business/Commercial  (See 88-120

O

Office

O-2

Office (dash 2)

OM

Medium-Intensity Office

O-2

Office (dash 2)

CPO-1

Planned Office

O-2

Office (dash 2)

CPO-2

Planned Office

O-2

Office (dash 2)

GPO

Office (General Planned)

O-2

Office (dash 2)

GPI

Industrial (General Planned)

O-2

Office (dash 2)

C-1

Neighborhood Retail Business

B1-1

Neighborhood Business 1 (dash 1)

CP-1

Planned Business Center

B1-1

Neighborhood Business 1 (dash 1)

CP-2

Planned Business Center

B2-2

Neighborhood Business 2 (dash 2)

C-2

Local Retail Business

B3-2

Community Business (dash 2)

CP-3

Planned Business Center

B3-2

Community Business (dash 2)

GP-2

General Transient Retail Business

B3-3

Community Business (dash 3)

GP-3

Regional Business (Gen. Planned)

B3-3

Community Business (dash 3)

GPC

Commercial (General Planned)

B3-2

Community Business (dash 2)

C-3a1

Intermediate Business

B4-2

Heavy Business/Commercial (dash 2)

C-3a2

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

C-3b

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

Manufacturing (See 88-140

M1

Light Industry

M1-5

Manufacturing 1 (dash 5)

M2a

Heavy Industry

M1-5

Manufacturing 1 (dash 5)

M-P

Industrial

M2-2

Manufacturing 2 (dash 2)

GP-1

General Industry

M2-3

Manufacturing 2 (dash 3)

M-2b

Heavy Industry

M3-5

Manufacturing 3 (dash 5)

M-3

Heavy Industry-Residual Use

M3-5

Manufacturing 3 (dash 5)

M-R

Materials Reprocessing

M4-4

Manufacturing 4 (dash 4)

Overlay/Special Purpose (See 88-200 Series)

CX

Adult Entertainment

CX/O

Adult Entertainment Overlay

SR

Special Review

SR/O

Special Review Overlay

 No existing equivalent

NC/O

Neighborhood Character Overlay

 No existing equivalent

P/O

Pedestrian-Oriented Overlay

 No existing equivalent

H/O

Historic Overlay

MPC

Master Planned Community

SC

Shoal Creek

URD

Urban Redevelopment District

UR

Urban Redevelopment

US

Underground Space

US

Underground Space

BBD

Brookside Business District

B-1-P/O

Neighborhood Business-Pedestrian-
Oriented Overlay

GP7

Agriculture/Low-density Res

AG-R

Agricultural–Residential

GP8

Airport and Conservation

KCIA

Airport

RPT

Temporary Automobile Parking

NONE

Eliminated (convert to R-1.5)

CUP 

Community Unit Project    

MPD

Master Planned Development

GHP

Group Housing Project

MPD

Master Planned Development

 

88-110-03. USES

 

Table 110-1     RESIDENTIAL DISTRICTS USE TABLE 

Table 110-1
Residential Districts Use Table

U S E G R O U P
(refer to 88-805 Use Groups and Categories)

Z O N I N G   D I S T R I C T

Use Standards

Use Category
  » specific use type

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.5

R-0.3

R E S I D E N T I A L

Household Living

P

P

P

P

P

P

P

P

P

88-110-06-C & 
88-323

Group Living (except as noted below)

S

S

S

88-350

  » Group homes

P

P

P

88-350

  » Nursing home

S

S

S

S

S

S

P

P

P

88-350

P U B L I C / C I V I C

Bicycle-Sharing Facilities

P

P

P

P

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

 

College/University

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Day Care

  » Home-based (1–5)

P

P

P

P

P

P

P

P

P

 

  » Family (up to 10)

P

P

P

P

P

P

P

P

P

88-330-01

  » Group (up to 20)

P

S

S

S

S

S

P

P

P

88-330-02

  » Center (21+)

P

88-330-02

Detention and Correctional Facilities

S[1]

88-335

Halfway House

S

88-352

Hospital

S

S

 

Library/Museum/Cultural Exhibit

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Park/Recreation

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

  » Homes Association Amenities

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-805-03-H

Religious Assembly

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Safety Service (except as noted below)

S

S

S

S

S

S

S

S

S

88-365

  » Fire station

P

P

P

P

P

P

P

P

P

88-365

  » Police station

P

P

P

P

P

P

P

P

P

88-365

School

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Utilities and Services (except as noted below)

S[1]

S

S

S

S

S

S

S

S

 

  » Basic, minor

P

P

P

P

P

P

P

P

P

88-425-08-B

C O M M E R C I A L

Animal Service

  » Shelter or boarding

P

 

 

 

88-315

  » Stable

P

88-315

  » Veterinary Office

P

 

Entertainment and Spectator Sports

S

 

Funeral and Interment Service

  » Cemetery/columbarium/mausoleum

S

S

S

S

S

S

S

S

S

88-345

  » Crematory

S

S

S

S

S

S

S

S

S

88-345

  » Undertaking

S

S

 

Lodging

  » Bed and breakfast

S

S

S

S

S

S

88-320

  » Recreational vehicle park

S[1]

 

Neighborhood-serving retail

S

S

S

S

S

S

S

S

S

88-360

Office, Administrative, Professional or General

S

S

S

 

Reuse of officially designated historic landmark
(local or national) if proposed use is not permitted

S

S

S

S

S

S

S

S

S

 

Sports and Recreation, Participant

S

 

I N D U S T R I A L

Mining and Quarrying

S[2]

 

Waste-Related Use (except as noted below)

 

  » Composting facility

S[1]

88-328

  » Demolition debris landfill

S[1]

88-380

O T H E R

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

 *Chapter 14

Agriculture, Crop

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 88-312-01

Agricultural, Urban

  » Home Garden

P

P

P

P

P

P

P

P

P

88-312-02-A

  » Community Garden

P

P

P

P

P

P

P

P

P

88-312-02-B

  » Community Supported Agriculture (CSA) Farm

P

S

S

S

S

S

S

S

S

88-312-02-C

A C C E S S O R Y    S E R V I C E S

Wireless Communication Facility

  » Freestanding

P[1]

88-385

  » Co-located antenna

P

P

P

P

P

P

P

P

P

88-385

 


 

88-120-03. USES

 

Table 120-1     OFFICE, BUSINESS, AND COMMERCIAL DISTRICTS USE TABLE 

Table 120-1
Office, Business and Commercial Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Z O N I N G   D I S T R I C T

Use
Standards

Use Category
  » specific use type

O

B1

B2

B3

B4

R E S I D E N T I A L

Household Living

» Single family home

P

P

P

P

P

88-120-03-H.3.

   » In single-purpose residential building

P

P

P

P

88-323

   » In mixed-use building

P

P

P

P

P

 

Group Living

P

P

P

P

P[5]

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

P

P[5 for Ground Floor Uses]

 

College/University

P

P

P

P

P[5 for Ground Floor Uses]

 

Day Care

   » Home-based (1–5)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Family (up to 10)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Group (up to 20)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Center (21+)

P

P

P

P

P[5 for Ground Floor Uses]

 

Hospital

S

P

P

P

P[5 for Ground Floor Uses]

 

Library/Museum/Cultural Exhibit

P

P

P

P

P

 

Park/Recreation

P

P

P

P

P

 

Religious Assembly

P

P

P

P

P

 

Safety Service

   » Fire station

P

P

P

P

P[4]

 

   » Police station

P

P

P

P

P

 

   » Ambulance service

S

S

S

P

P[4]

 

School

P

P

P

P

P[5 for Ground Floor Uses]

 

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

S[1]

S[1][5]

 

   » Basic, minor

P

P

P

P

P

88-425-08-B 

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

P[1][4]

88-310-03

   » Adult motion picture theater

P[1]

P[1][4]

88-310-02

   » Sex shop

P[1]

P[1][4]

88-310-02

Animal Service

   » Sales and grooming

P

P

P

P

88-315

   » Shelter or boarding

P

P

P[4]

88-315

   » Stable

S[4]

88-315

   » Veterinary

P

P

P[5 for Ground Floor Uses]

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P[5]

 

Business Equipment Sales and Service

P

P

P

 

Business Support Service (except as noted below)

P

P

P[5]

 

   » Day labor employment agency

S[1][4]

88-331

Communications Service Establishments

P

P

P

P[5]

 

Drive-Through Facility

P[2]

P[2]

P[2]

88-338 & 
88-340

Eating and Drinking Establishments (except as noted below)

P

P

P

P

P

 

   » Tavern or nightclub

P

P

P

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P[5 for Ground Floor Uses]

 

   » Indoor medium venue (150–499 capacity)

S

P

P[5 for Ground Floor Uses]

 

   » Indoor large venue (500+ capacity)

S

P[5 for Ground Floor Uses]

 

   » Outdoor (all sizes)

S

P[5]

 

Financial Services (except as noted below)

S

P

P

P

P

 

   » Short-term loan establishment

P[1]

P[1]

P[1][4]

88-325

   » Pawn shop

S[1]

S[1]

P[1]

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

S

S

S

S

S

88-345

   » Cremating

S

S

S

S

88-345-02

   » Undertaking

S

P

P

P[5]

88-345

Gasoline and Fuel Sales

S[3]

S[3]

S[3]

P[3][5]

88-323

Lodging

   » Bed and Breakfast

P

P

P

P[5 for Ground Floor Uses]

88-320

   » Hotel/motel

P[2]

P[2]

88-323

   » Recreational vehicle park

S[1]

S[1][4]

 

Office, Administrative, Professional or General

P

P

P

P

P[5 for Ground Floor Uses]

 

Office, Medical

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Blood/plasma center

S

S

 

Parking, Accessory

P

P

P

P

P

88-323

Parking, Non-accessory

S[1]

P[1]

P[1]

 

Personal Improvement Service

P

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

P

 

Research Service

P

P

P

P

P[5 for Ground Floor Uses]

 

Retail Sales

P

P

P

P

 

Reuse of officially designated historic landmark (local or national)
if proposed use is not permitted

S

S

S

S

S

 

Sports and Recreation, Participant

   » Indoor

P

P

P

P[5 for Ground Floor Uses]

 

   » Outdoor

P

P[5 for Ground Floor Uses]

 

Vehicle Sales and Service      

   » Car wash/cleaning service

S[1]

P[1]

P[1][5, if not within a parking structure]

 

   » Heavy equipment sales/rental

S[1]

P[1][4]

 

   » Light equipment sales/rental (indoor)

P[2]

P[2]

P[2]

88-323

   » Light equipment sales/rental (outdoor)

S[1]

S[1]

P[1][5, if not within a parking structure]

 

   » Motor vehicle repair, limited

S[2]

P[2]

P[2][5]

88-323

   » Motor vehicle repair, general

S[2]

P[2][5]

88-323

   » Vehicle storage/towing

P[1][4]

88-375

I N D U S T R I A L  

Manufacturing, Production and Industrial Service

   » Artisan (except as noted below)

P

 

        » Artisanal Food and Beverage Manufacturing

S

P

88-318

        » Catering Establishments

S

P

88-318

   » Limited

S[4]

 

   » General

S[2][4]

88-323

   » Intensive

 

Outdoor Display 

  » Class A

P

P

P

P

P

88-435-02

  » Class B

P

P[4]

88-435-02

Outdoor Storage 

    » Principal

 

    » Accessory

P[1][4]

88-425

Recycling Service

   » Limited

S[1][4]

 

Residential Storage Warehouse

-

P[2][4]

88-323

Warehousing, Wholesaling, Freight Movement

  » Indoor

P[2][4]

88-323

  » Outdoor

 

A G R I C U L T U R A L

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*[4]

*Chapter 14

Agriculture, Crop

P

P

P

P

P[4]

88-312-01

Agriculture, Urban

  » Home Garden

P

P

P

P

P

88-312-02-A

  » Community Garden

P

P

P

P

P[4]

88-312-02-B

  » Community Supported Agriculture (CSA) Farm

P

P

P

P

P[4]

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P[1]

P[1]

P[1][4]

88-385

   » Co-located antenna

P

P

P

P

P[5]

88-385

 


 

88-130-04. USES

 

Table 130-1     DOWNTOWN DISTRICTS USE TABLE 

Table 130-1
Downtown Districts Use Table

U S E    G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

Use Standard

Use Category
 » specific use type

DC

DX

DR

R E S I D E N T I A L

Household Living

» Single family home

P

P

P

 

   » In single-purpose residential building

P

P

P

88-323

   » In mixed-use building

P

P

P

 

Group Living

S

S

S

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

 

College/University

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

 

   » Family (up to 10)

P

P

P

 

   » Group (up to 20)

P

P

S

 

   » Center (21+)

P

P

S

 

Hospital

S

S

S

 

Library/Museum/Cultural Exhibit

P

P

P

 

Park/Recreation (except as noted below)

P

P

P

 

   » Community center

P

P

P/S

88-365

Religious Assembly

P

P

P

 

Safety Service

   » Fire Station

P

P

P

88-365

   » Police Station

P

P

P

88-365

   » Ambulance service

P

P

P

88-365

School

P

P

P/S

88-365

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

 

   » Basic, minor

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

88-310-03

   » Adult motion picture theater

P[1]

P[1]

88-310-02

   » Sex shop

P[1]

P[1]

88-310-02

Animal Service

   » Sales and grooming

P

P

S

88-315

   » Shelter or boarding

P

P

88-315

   » Stable

S

88-315

   » Veterinary

P

P

S

88-315

Artist Work or Sales Space

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

 

Business Support Service (except as noted below)

P

P

 

   » Day labor employment agency

S[1]

 

Communications Service Establishments

P

P

 

Drive-Through Facility

S[2]

S[2]

88-338 & 88-340

Eating and Drinking Establishments (except as noted below)

P

P

P

 

   » Tavern or nightclub

P

P

S

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

S

 

   » Indoor medium venue (150–499 capacity)

P

P

S

 

   » Indoor large venue (500+ capacity)

S

S

S

 

   » Outdoor (all sizes)

S

S

S

 

Financial Services (except as noted below)

P

P

P

 

   » Pawn shop

S[1]

 

   » Short-term loan establishment

P[1]

88-325

Food and Beverage Retail Sales

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

 

   » Undertaking

P[2]

P[2]

88-345

Gasoline and Fuel Sales

S[3]

S[3]

88-323

Lodging

   » Bed and Breakfast

P

P

P

 

   » Hotel/motel

P[2]

P[2]

S[2]

88-323

Office, Administrative, Professional or General

P

P

P

 

Office, Medical

P

P

P

 

   » Blood/plasma center

S

S

 

Parking, Accessory

P

P

P

88-323

Parking, Non-accessory

S[1]

S[1]

S[1]

 

Personal Improvement Service

P

P

P

 

Repair or Laundry Service, Consumer

P

P

S

 

Research Service

P

P

 S

 

Residential Storage Warehouse

S[2]

 

Retail Sales

P

P

P

 

Reuse of Officially Designated Historic Landmark (local or national) if proposed use is not permitted

S

S

S

 

Sports and Recreation, Participant

   » Indoor

P

P

S

 

   » Outdoor

S

S

S

 

Vehicle Sales and Service

   » Car wash/cleaning service

S[1]

S[1]

 

   » Heavy equipment sales/rental

S[1]

 

   » Light equipment sales/rental (indoor)

S[2]

S[2]

88-323

   » Light equipment sales/rental (outdoor)

S[1]

S[1]

 

   » Motor vehicle repair, limited

S[2]

S[2]

88-323

   » Motor vehicle repair, general

S[2]

88-323

   » Vehicle storage/towing

S[1]

88-375

I N D U S T R I A L

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

 

   » Limited

S

S

S

 

   » General

S

S[2]

88-323

Outdoor Display

   » Class A

P

P

P

88-435-02

Recycling Service

   » Limited

S[1]

 

Residential Storage Warehouse

S[2]

88-323

Warehousing, Wholesaling, Freight Movement

   » Indoor

S[2]

S[2]

88-323

   » Outdoor

S[2]

88-323

A G R I C U L T U R A L

Agriculture, Animal

P/*

Chapter 14

Agriculture, Crop

P

P

P

88-312-01

Agriculture, Urban

   » Home Garden

P

P

P

88-312-02-A

   » Community Garden

P

P

P

88-312-02-B

   » Community Supported Agriculture (CSA) Farm

P

P

P

88-312-02-C

A C C E S S O R Y

Wireless Communication Facility

   » Freestanding

 

   » Co-located antenna

P

P

P

88-385

 

88-140-03. USES

 

Table 140-1     MANUFACTURING DISTRICTS USE TABLE 

Table 140-1
Manufacturing Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

  Use Standards

Use Category  
  » specific use type

M1

M2

M3

M4

R E S I D E N T I A L

Household Living

  » Single-family home

S

 

  » In single-purpose residential building

P

S

 

  » In mixed-use building

P

S

 

Group living

S

 

P U B L I C / C I V I C

Bicycle Sharing Facility

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

 

College/University

P

P

 

Day Care

P

P

S

S

 

Detention and Correctional Facilities

S[1]

S[1]

S[1]

S[1]

88-335

Halfway House

S

S

S

S

88-352

Hospital

P

 

Park/Recreation

P

P

P

P

 

Religious Assembly

P

P

P

P

 

Safety Service

P

P

P

P

 

Schools

 P

 

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

S[1]

 

   » Basic, minor

P

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

P[1]

P[1]

88-310

   » Adult motion picture theater

P[1]

P[1]

P[1]

P[1]

88-310

   » Sex shop

P[1]

P[1]

P[1]

P[1]

88-310

Animal Service

P

P

P

P

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

P

P

 

Business Equipment Sales and Service

P

P

P

P

 

Business Support Service(except as noted below)

P

P

P

P

 

   » Day labor employment agency

S[1]

S[1]

P[1]

P[1]

 

Communications Service Establishments

P

P

P

P

 

Drive-through Facility

P[2]

P[2]

88-340

Eating and Drinking Establishments

P

P

P

P

 

Entertainment and Spectator Sports

P

S

S

 

Financial Services (except as noted below)

P

P

P

P

 

» Pawn shop

P[1]

S[1]

S[1]

S[1]

 

» Short-term loan establishment

P[1]

P[1]

P[1]

P[1]

88-325

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

P

P

P

P

 

   » Undertaking

P

P

P

P

 

Gasoline and Fuel Sales

P[3]

P[3]

P[3]

P[3]

88-323

Personal Improvement Service

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

 

Research Service

P

P

P

P

 

Retail Sales

P

P

P

P

 

Reuse of officially designated historic landmark (local or national) if proposed use is not permitted

S

S

S

S

 

Sports and Recreation, Participant

P

S

S

 

Vehicle Sales and Service

  » Car wash/cleaning service

P[1]

P[1]

P[1]

P[1]

 

  » Heavy equipment sales/rental

P[1]

P[1]

P[1]

P[1]

 

  » Light equipment sales/rental (indoor)

P[2]

P[2]

88-323

  » Light equipment sales/rental (outdoor)

P[1]

P[1]

 

  » Motor vehicle repair, limited

P[2]

P[2]

P[2]

P[2]

88-323

   » Motor vehicle repair, general

P[2]

P[2]

P[2]

P[2]

88-323

   » Vehicle storage/towing

P[1]

P[1]

P[1]

P[1]

 

I N D U S T R I A L

Junk/Salvage Yard

S[1]

P[1]

88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S[2]

P[2]

P[2]

P[2]

88-323

   » Intensive

P[1]

P[1]

 

Mining/Quarrying

S

S

S

S

88-355

Outdoor Display

   »  Class A

P

P

P

P

88-435-02

   »  Class B

P

P

P

P

88-435-02

Outdoor Storage

  »  Principal

P[1]

P[1]

88-435-03

  »  Accessory

P[1]

P[1]

P[1]

P[1]

88-435-03

Recycling Service

   » Limited

P[1]

P[1]

P[1]

P[1]

 

   » General

S

S

S

P

 

Residential Storage Warehouse

P[2]

P[2]

P[2]

88-323

Warehousing, Wholesaling, and Freight Movement

   » Indoor

P[2]

P[2]

P[2]

P[2]

 

   » Outdoor

S[1]

P[1]

P[2]

P[2]

 88-378

Waste-Related Use

   » Composting Facility

S[1]

S[1]

S[1]

S[1]

88-328

   » Demolition debris landfill

S[1]

S[1]

S[1]

S[1]

88-380

   » Solid waste separation facility

S[1]

S[1]

88-380

   » Transfer station

S[1]

S[1]

88-380

A G R I C U L T U R A L

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Urban

   » Home garden

P

P

P

P

88-312-02-A

   » Community garden

P

P

P

P

88-312-02-B

   » Community supported agriculture (CSA) farm

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P[1]

P[1]

P[1]

P[1]

88-385

   » Co-located antenna

P

P

P

P

88-385

 

88-305 ACCESSORY USES AND STRUCTURES

88-305-02 LOT AND BUILDING STANDARDS IN RESIDENTIAL DISTRICTS

88-305-02-A.  GENERAL
The lot and building standards of the base zoning district apply to accessory structures in residential districts unless otherwise expressly stated.

 

88-305-02-B.  SETBACKS AND SEPARATION

1.      Accessory buildings and structures are prohibited in front and street side yards (i.e., they may not be closer to the street than the principal building), except for structures that are customarily found in front or street yards, such as flag poles and minor landscape structures.

 

2.      Accessory buildings and structures must be set back at least 1.5 feet from rear property lines, except that garages accessed from an alley and carriage houses are not required to be set back from a rear property line abutting an alley. Structures designed to contain animals must be set back at least 30 feet from rear property lines.  

 

3.      Accessory buildings and structures must be set back at least 1.5 feet from  interior side property lines, except that buildings and structures designed to contain animals must be set back at least 30 feet from interior property lines.

 

4.      On corner lots, accessory buildings and structures may not be closer to the street than the principal building line in the rear yard or must be set back at least 15 feet, whichever is less, except that accessory buildings and structures are not required to be set back from an interior side property line that abuts an alley.  

 

5. If serving two lots, an accessory building and structure may be built across the side or rear line. Where an alley abuts a side or rear lot line, the garage may be built on the alley line.

 

6. Accessory buildings must be located no closer than 10 feet to all other accessory and principal buildings on the same lot.

 

88-305-02-C.  HEIGHT
Accessory buildings and structures may not exceed 10 feet in height, except that detached garages may be up to 16 feet in height and allowed carriage houses may be up to 28 feet or 2 stories in height.  In Districts AG-R and R-80, an accessory building may be up to 35 feet in height.

 

88-305-02-D. FOOTPRINT AREA

The building footprint (ground level building coverage) of an individual, detached accessory building may not exceed 200 square feet, except that:

1.      the building footprint of a detached accessory garage may be up to 800 square feet or one square foot of building footprint area for each 10 square feet of lot area, whichever is greater; and

 

2.      the building footprint of a carriage house may be up to 1,500 square feet.

 

3.      in Districts AG-R and R-80, an accessory building may be up to 8,000 square feet.

 

88-305-02-E.  BUILDING COVERAGE

The total combined footprint area of all detached accessory buildings and structures may not exceed 40% of the actual rear yard area.

 

88-305-06 SATELLITE DISH ANTENNAS

88-305-06-A.     Satellite dish antennas less than one meter (39.4 inches) in diameter are permitted as accessory uses in all districts, subject to accessory structure setback requirements.

 

88-305-09 ACCESSORY SOLAR AND WIND ENERGY SYSTEMS

88-305-09-A.     GENERAL

1.      Accessory solar and wind energy systems must comply with all applicable building and electrical codes.

 

2.      Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded in the office of the appropriate county recorder of deeds.

 

88-305-09-B.   BUILDING-MOUNTED SOLAR AND WIND ENERGY

SYSTEMS

1.      Building-mounted solar and wind energy systems are allowed on principal and accessory structures.

 

2.      All applicable setback regulations apply to building-mounted solar and wind energy systems. Systems mounted on principal structures may encroach into interior side and rear setbacks in accordance with 88-820-12.

 

3.      Only building-integrated and/or flush-mounted solar and wind energy systems may be installed on street-facing building elevations.

 

4.      Solar and wind energy systems may not extend more than 3 feet above the applicable maximum height limit for the subject building type or more than 5 feet above the highest point of the roof line, whichever is less.

 

88-305-09-C.   GROUND-MOUNTED SOLAR AND WIND ENERGY

SYSTEMS

1.      In R zoning districts, ground-mounted solar and wind energy systems may not be located in the front yard or street side yard.

 

2.      Ground-mounted solar and wind energy systems are subject to applicable accessory structure setback, separation, and coverage regulations.

 

3.      Ground-mounted solar and wind energy systems are subject to applicable accessory structure height regulations.

 

88-318 ARTISANAL FOOD AND BEVERAGE MANUFACTURING

88-318-01 USE STANDARDS for artisAnal food and beverage manufacturing

The use standards of this section apply to artisanal food and beverage production, including but not limited to production of alcohol, coffee, bakery goods, or similar products.

88-318-01-A. Retail sales of the product produced on site are allowed. If to be consumed off-site, the product must be in the original packaging. The product may also be sold and served on-site, and accessory retail sales of related items are permitted.

 

88-318-01-B. Total floor area of the establishment, including production and retail areas, shall not exceed 5,000 square feet.

 

88-318-01-C. No more than 50% of the product may be produced for sale to a wholesaler and at least 50% of the product must be sold for retail use, to be consumed either on- or off-site.

 

88-318-01-D. All equipment used in the production and all products produced must be located within the principal building.

 

88-318-01-E. The production process shall not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property.

 

88-318-02 USE STANDARDS for catering establishments

The use standards of this section apply to catering establishments.

88-318-02-A. All equipment used in the production and all products produced must be located within the principal building.

 

88-318-02-B. All loading and unloading of vehicles shall be on-site.

 

88-318-02-C. Total floor area of the establishment, including production and retail areas, shall not exceed 5,000 square feet.

 

88-318-02-D. The production process shall not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property.

 

88-323 BOULEVARD AND PARKWAY STANDARDS 

88-323-01 PURPOSE

88-323-01-A. APPLICABILITY

  1. Enlargements and Expansions of Existing Buildings/Structures and Vehicular Use Areas. Full compliance with the Boulevard and Parkway Standards is required if the enlargement or expansion exceeds thirty percent (30%) of the gross square feet of the existing building/structure and for the development of any new or expanded vehicular use area.  If the enlargement or expansion is thirty percent (30%) or under, then the Boulevard and Parkway Standards will not apply.  All other provisions of the Zoning and Development Code as are applicable will continue to apply.

 

88-325 SHORT-TERM LOAN ESTABLISHMENTS

88-325-01 Short-term loan establishments are subject to the following conditions and restrictions, with separation measured in accordance with 88-820-15 (unless as specified in this section):

88-325-01-A.      No such establishment shall be located within one mile of another short-term loan establishment or pawn shop. When measuring separation distances between establishments on the same lot, the distance shall be measured from the front door of each of the establishments.

 

88-325-01-B.     No such establishment shall be located within or within 1,000 feet of a property or district which has been designated as a landmark or historic district.

 

88-325-01-C.    No such establishment shall be located adjacent to and within 150 feet of a park, boulevard, or parkway. 

 

88-331 DAY LABOR EMPLOYMENT AGENCY

88-331-01 STANDARDS

88-331-01-A.     At the time of original approval, no such establishment shall be located within 1,000 feet of another day labor establishment, or within 500 feet of a children's nursery or boarding home, a group day care home, a daycare facility, a school, or a package liquor store; or a park, boulevard, or parkway, with separation measured in accordance with 88-820-15.

 

88-335 DETENTION AND CORRECTIONAL FACILITIES

88-335-01 STANDARDS

Detention and correctional facilities are subject to the following standards:

88-335-01-A.     The property must have a minimum lot area of 2 acres.

 

88-335-01-B.     No such facility may be on property located within 1,000 feet of R zoning district or within 1,000 feet of any residential dwelling unit; school; library, museum, or cultural exhibit; community center; park, boulevard, or parkway; religious assembly; or day care use, with separation measured in accordance with 88-820-15.

 

88-352 HALFWAY HOUSES

88-352-01 STANDARDS

Halfway houses are subject to the following standards: 

88-352-01-A.     There shall be a minimum floor area of 100 square feet per resident and resident staff.

 

88-352-01-B.     At the time of original approval, no facility shall be located within 1,500 feet of another such facility, group living, day care; and no facility shall be located within 500 feet of a school, with separation measured in accordance with 88-820-15. The board of zoning adjustment may waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway, or other comparable manmade or natural barrier.

 

88-375 VEHICLE STORAGE AND TOWING

88-375-01 APPLICABILITY

Vehicle storage and towing uses, including tow lots and impound yards, must be developed and operated in compliance with the standards of this article.

 

88-375-02 LOCATION

All vehicle storage areas on the property must be located at least 500 feet from any R district and may not be located adjacent to and within 150 feet of parks, boulevards, or parkways.

 

88-375-03 OUTDOOR VEHICLE STORAGE

All outdoor vehicle storage areas must be shielded by an opaque fence or wall that is a minimum of 6 feet tall and a maximum of 10 feet tall. The interior of the fence or wall must be protected by a guardrail or similar barrier to prevent damage to the fence or wall. All vehicles, equipment, and inventory of the business must be stored behind the fence or wall and may not exceed the height of the fence or wall.

 

88-378 Warehousing, wholesaling, and freight movement

88-378-01 STANDARDS

Warehousing, Wholesaling, and Freight Movement facilities are subject to the following standards:

88-378-01-A. Any facility situated on a lot with side property lines or rear property lines contiguous with property in any R, O, B, or D district must be effectively screened along such side property lines or rear property lines by a solid wall, solid fence, or dense vegetative screen. Required screening must be at least 6 feet in height. Walls and fences may not exceed 8 feet in height. Fences and walls must be masonry or wood, sight-obscuring and planted with vines or tall-growing shrubs (to help screen the fence/wall). Chain-link fencing is expressly prohibited.

 

88-378-01-B. Any accessory outdoor storage must be in conformance with 88-435-03.  

 

88-405-04 REQUIRED DEDICATIONS AND RESERVATIONS

In subdividing land, re-subdividing an existing plat,  or creating any new residential units, a developer must dedicate rights-of-way for public streets and conform to adopted plans in providing suitable sites for parks, playgrounds, or other public or private recreational areas or open spaces in accordance with the standards of this zoning and development code. All areas to be dedicated or reserved must be indicated on the preliminary plat. A developer must provide a release or subordination of any dedicated right-of-way from and subordination of any deeds of trust to any building lines, lot lines, and easements on the plat, as required by the director.

 

88-425-04 GENERAL LANDSCAPING REQUIREMENTS

88-425-04-A.     SETBACKS AND OPEN SPACE

The setback areas required by this zoning and development code must be landscaped, except where they are:

1.      occupied by approved structures or paving;

 

2.      screened from public view; or

 

3.      retained in their natural (vegetated) state.

 

88-425-04-B.     private open space tracts

Private open space tracts platted in accordance with 88-405-05 and 88-408 must be landscaped. A landscape plan must be submitted for site plan approval per 88-425-12. Landscaping of the tract shall be done by the developer and occur within one year of platting of the tract or prior to issuance of any building permits for structures on lots within the subdivision, whichever occurs first.

 

88-425-04-C.     UNUSED AREAS

Any area of a site not intended for a specific use, including a commercial pad site intended for future development, must be landscaped unless retained in its natural state.

88-425-04-D.     TREES

Trees must be planted within general landscaping areas on sites used or zoned for public, civic, office, business, or commercial use. At least one tree must be provided per 5,000 square feet of principal building coverage (building footprint). The city planning and development director is authorized to reduce general tree planting requirements of this section when it is determined that the area available for planting will not accommodate the number of trees otherwise required by this subsection.

 

88-425-04-E.     GARDEN AREAS

Garden areas may be determined to be landscaped area for the purposes of determining compliance with general landscaping requirements in residential and mixed-use developments.

 

88-425-11 INSTALLATION AND MAINTENANCE

88-425-11-A.     INSTALLATION

4.      TIMING OF INSTALLATION. Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

88-425-12 LANDSCAPE PLANS

Landscape plans must accompany all required development and site plans, site plans for special use permit, and final development plans in Districts MPD and UR, and site plans for setback and open space tracts (88-425-04). All landscaping plans must be sealed and certified by a registered landscape architect licensed in the State of Missouri and include information as required by city planning and development department staff.

 

88-430-06 EXTERIOR LIGHTING PLAN

88-430-06-A.     WHEN REQUIRED

An outdoor lighting plan must be submitted as part of any special use or development plan application. The lighting plan must be reviewed to determine whether the proposed outdoor lighting complies with the standards of this article.

 

88-430-06-B.     INFORMATION REQUIRED

Outdoor lighting plans must include a photometric study and data on the types of lighting fixtures to be used. The photometric plan must include all of the following unless the city planning and development director determines that a thorough review and determination is possible without such information:

1.      scale drawing of the site with all outdoor lighting fixture locations identified;

 

2.      fixture specifications indicating the type of fixture, height, shielding, luminaire type and wattage;

 

3.      lamp type and size;

 

4.      a point-by-point illumination array for off-street parking areas and other vehicular use areas and along the property lines. The point-by-point array must indicate site illumination at (minimum) 10-foot intervals along the property line and at 20-foot intervals on the interior of the site.

 

88-430-06-C.     Certification REQUIRED

Prior to issuance of a final certificate of occupancy, a sealed letter by a licensed engineer shall be submitted, stating that photometrics on the site comply with the approved photometric plan.

 

88-505-06 PUBLIC HEARINGS

88-505-06-A.    Parties in interest, registered neighborhood/civic organizations per 88-505-11, certified civic organizations and citizens must be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.

 

88-505-06-B.     A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the continuance.

 

88-505-06-C.     If a public hearing is tabled or deferred for an indefinite period of time or postponed more than 3 months from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant is responsible for paying any costs of re-notification.

 

88-505-06-D.     Prior to the city plan commission hearing, an applicant must make a reasonable effort to contact and meet with, if requested, the applicable neighborhood and/or civic organizations registered with the city. Failure to do so may be cause for continuance by the city plan commission.

 

88-505-06-E.    If a case is continued by the city plan commission, a continuance fee may be assessed. Generally, if the applicant requests a continuance after the staff report has been prepared, a continuance fee will be due. The fee shall be waived if a continuance is necessary due to no fault of the applicant.

 

88-555 FINAL SUBDIVISION PLATS

88-555-01 APPLICATION FILING

Complete applications for final plat approval must be filed with appropriate personnel in the city planning and development department before the preliminary plat expiration date (see 88-545-09). Along with the completed application, an ownership certificate from a title company which identifies an authorized agent, is current within 90 days, and which shows the following must also be submitted:

88-555-01-A.   The complete and accurate legal description of the property to be subdivided.

 

88-555-01-B.    The fee ownership of all property within the described property.

 

88-555-01-C.    Any deeds of trust, liens, lawsuits, dangerous building cases, attachments, or encumbrances upon the property to be subdivided.

 

88-555-01-D.    Statement of taxes and assessments due and payable upon the property described.

 

88-555-01-E.    Existing easements or rights-of-way of record. 

 

88-555-02 REVIEW AND RECOMMENDATION–CITY PLAN COMMISSION

The city plan commission must review the final plat and, based on the plat's compliance with the approval criteria of 88-555-05, recommend that the final plat be approved, approved with conditions or disapproved. The date of the regular meeting of the city plan commission, including any adjourned date, at which time review of the final plat was conducted, constitutes the official submittal date of the plat. The city plan commission must take action on the final plat within 60 days of the official submittal date.

 

88-555-03 REVIEW AND ACTION–CITY COUNCIL

88-555-03-A.     Within 2 years of the date of the city plan commission's recommendation, the final plat must be submitted to the city council. Failure to submit the final plat within this 2-year period will cause the city plan commission's recommendation to lapse and be of no further effect. In this event, resubmission to the city plan commission will be required before the final plat may be submitted to the city council.

 

88-555-03-B.     Following action by the city plan commission, the city council must review the final plat and the recommendations of the development review committee and city plan commission and, based on the plat's compliance with the approval criteria of 88-555-05, act by simple majority vote to approve the final plat, approve the final plat with conditions, or disapprove the plat.

 

88-555-03-C.     The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-04-A, if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

 

88-555-04 APPROVAL CRITERIA

No final plat may be approved unless the decision-making body finds that the proposed subdivision conforms with the approved preliminary plat with all applicable regulations and standards of this zoning and development code.

 

88-555-05 EFFECT OF APPROVAL

Approval of a final plat confers upon the developer the right to record the approved plat in the office of the appropriate county recorder of deeds. No lot within the subdivision may be sold until the final plat has been approved by the city council and the plat has been officially recorded.

 

88-555-06 PREREQUISITES TO RECORDING A FINAL PLAT

Prior to recording a final plat, the developer must install all required public improvements or post a financial guarantee of performance in a form established by the city.  A copy of all paid receipts for any taxes due and payable must also be submitted.

 

88-555-07 LAPSE OF APPROVAL

88-555-07-A.     The applicant must file the final plat with the appropriate county recorder of deeds within 4 years of the date of passage of the final plat by the city council.

 

88-555-07-B.      If the applicant fails to record the final plat within the required timeframe, the city council's final plat approval will lapse and be of no further effect, in which case the final plat approval process must be repeated before recording the plat.

 

88-555-07-C.     The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-08-A. if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

 

88-555-08 DIGITAL FILES

88-555-08-A.     When an application is filed for final plat approval, the applicant must submit a digital file of the plat in addition to the paper copies of the plat. The digital file must be submitted at the same time of the application, with each subsequent resubmittal, and again at the time of the submission of signed copies of the final plat for recording.

 

88-555-08-B.     The submittal of digital plat files must conform to the formatting standards, layering system and text styles as provided by the city planning and development department director.

 

 

88-620-B.     APPLICATIONS TO THE CITY PLAN COMMISSION, THE BOARD OF ZONING ADJUSTMENT, AND ADMINISTRATIVE APPROVALS

Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows: 

1.    City plan commission 

A.    For applications to rezone: $648.00

 

B.    Development plan: 

1.  Residential: $648.00 plus $4.00 per dwelling unit, not to exceed $3,626.00

               

2.  Nonresidential: $648.00 plus $93.00 per acre or fraction thereof, not to exceed $3,626.00

 

C. Project plan:

1.      Residential: $259.00 plus $4.00 per dwelling unit

 

2.    Nonresidential: $259.00 plus $93.00 per acre or fraction thereof

 

D. Major amendments 

1.   Residential: $311.00 plus $4.00 per dwelling unit, not to exceed $1,295.00

               

2.    Nonresidential: $311.00 plus $93.00 per acre or fraction thereof, not to exceed $1,295.00

 

E. Urban redevelopment district 

1.     $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

F. Master plan development 

1.    $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

G. For approval of a council approved signage plan: $259.00

 

H. For application for special review district: $440.00

 

I. For text amendments: $518.00

 

J. For land use plan amendments: $829.00

 

K. For major street plan amendments: $414.00

 

L.  For applications for appeal from the decision of the director of city planning and development: $518.00

 

M. For Neighborhood rezoning projects:

 

from 0-200 parcels / lots . . . . . . . . .   $2,590.00

from 201-500 parcels / lots . . . . . . .  $4,662.00

from 501- + parcels / lots . . . . . . . . .  $5,698.00

 

N. For all other applications: $622.00

 

2.    Board of zoning adjustment 

A.    For applications for variances involving the following uses:

1.    1 and 2 family dwelling and accessory uses: $259.00

 

2.    All other uses: $518.00

 

B.    For applications for appeal from the decision of the director of city planning and development $518.00

 

C.     For applications for rehearing before the board of zoning adjustment: $207.00

 

D.   Certificates of legal nonconformance: For all applications for certificate of legal nonconformance, there shall be a charge of $130.00 for applications related to one- and two-family residences and $311.00 for all other applications. For all requests for approval of a change in use for an existing legal nonconforming use pursuant to 88-610 there shall be a charge of $52.00 for requests related to one- and two-family residences and $181.00 for all other requests.

 

E.   For applications for a special use permit for signs: $337.00

 

F.     For applications for all other requests: $389.00

 

G. For stay of enforcement: $414.00

 

H.    Special use permits 

1.    Ambulance service: $855.00

 

2.    Bed & breakfast: $596.00

 

3.    Blood/plasma center: $829.00

 

4.    Car wash/cleaning service: $855.00

 

5.    Cemetery/columbarium/mausoleum: $855.00

 

6.    Check-cashing, short-term loan/title loan establishment: $1,502.00

  

7.    College/university: $855.00

 

8.    Community center: $389.00

 

9.     Community supported agriculture: $100.00

  

10.  Crematory: $855.00

 

11.  Day care (home & family): $596.00

  

12.  Day care (11-20 children) (group): $596.00

 

13.  Day care center (21+): $829.00

 

14.  Day labor employment agency: $829.00

 

15.  Demolition debris landfill: $1,502.00

 

16.  Detention and correctional facilities: $1,502.00

 

17.  Drive-thru facility: $855.00

 

18.  Entertainment and spectator sports: $855.00

 

19.  Entertainment: small venue (1-149 capacity): $466.00

  

20.  Entertainment: medium venue (150-499 capacity): $855.00

 

21.  Entertainment: large venue (500 + capacity): $1,502.00

  

22.  Entertainment: outdoor (all sizes): $1,502.00

 

23.  Financial services (except check-cashing and pawn shops): $829.00

 

24.  Gasoline and fuel Sales: $855.00

 

25.  Group living: $596.00

  

26.  Heavy equipment sales/rental: $855.00

 

27.  Historic landmark (reuse of officially designated historic landmark, local or national): $207.00

 

28. Hospital: $855.00

 

29.  Hotel/motel: $855.00

 

30.  Household living: $855.00 

 

31. Junk/Salvage yard: $1,502.00

 

32.  Library/Museum/Cultural Exhibit: $389.00

 

33.  Light equipment sales/rental (indoor): $855.00 

 

34.  Light equipment sales/rental (outdoor): $1,502.00

 

35.  Manufacturing, production, and industrial service – limited: $1,502.00

  

36.  Manufacturing, production, and industrial service – general: $1,502.00

 

37.  Mining and quarrying: $1,502.00

  

38.  Motor vehicle repair limited: $855.00

 

39.  Motor vehicle repair general: $855.00

 

40.  Neighborhood-serving retail: $855.00

 

41.  Nursing homes: $829.00

  

42.  Office, administrative, professional or general: $855.00

 

43.  Park/recreation: $466.00

  

44.  Parking, non-accessory: $855.00

 

45.  Pawn shops: $1,502.00

 

46.  Recreation vehicle park: $1,502.00

 

47.  Recycling service – limited: $1,502.00

 

48.  Recycling service – general: $1,502.00

 

49.  Religious assembly: $389.00

  

50.  Repair or laundry service, consumer: $855.00

 

51.  Residential storage warehouse: $855.00

  

52.  Safety service (except for police and fire stations): $855.00

 

53.  School: $389.00

 

54.  Solid waste separation facility: $1,502.00

 

55.  Sports and recreation, participant (indoor): $855.00

  

56.  Sports and recreation, participant (outdoor): $1,502.00

 

57.  Stable: $829.00

 

58.  Tavern or nightclub: $855.00

 

59.  Transfer station: $1,502.00

 

60.  Undertaking: $855.00

 

61.  Utilities and services (except basic, minor): $855.00

  

62.  Vehicle sales and service: $855.00

 

63. Vehicle storage/towing: $1,502.00

  

64.  Warehousing, wholesaling, freight movement – indoor: $855.00

 

65.  Warehousing, wholesaling, freight movement – outdoor: $1,502.00

 

66.  Waste related use: $1,502.00

 

67.  All other uses: $855.00

 

3.    Administrative fees 

A.   Minor amendment to an approved development plan: 

1.    Residential: $233.00 plus $4.00 per dwelling unit, not to exceed $648.00

 

2.    Nonresidential: $233.00 plus $93.00 per acre or fraction thereof, not to exceed $648.00

 

B.    Administrative adjustment: $259.00

 

C.   Administrative approval: $259.00

 

D.    For any request for continuance by the applicant: $130.00

 

4.   The city plan commission and the board of zoning adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

 

5.   Transcripts on appeal to circuit court. Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment.

 

6.   The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

88-805-04-U.     RESIDENTIAL SUPPORT SERVICES

Commercial uses provided primarily to serve the needs of residents in large, multi-unit residential buildings. The following are considered residential support services:

1.      Restaurants;

 

2.      Financial services, except pawnshops, consumer loan agencies, and payday loan stores;

 

3.      Food and beverage retail sales;

 

4.      Medical office (other than blood/plasma center);

 

5.      Administrative, Professional, or General Offices;

 

6.      Personal improvement service; and

 

7.      Retail sales establishments.

 

88-805-04-V.     RETAIL SALES

Businesses involved in the sale, lease, or rent of new or used products or merchandise to consumers. Typical uses include drug stores, grocery stores, department stores, and apparel stores.

 

88-805-04-W.     SPORTS AND RECREATION, PARTICIPANT

Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). Examples include bowling alleys, skating rinks, billiard parlors, driving ranges and miniature golf courses, shooting and archery ranges, batting cages, and go-cart tracks.

 

88-805-04-X.     VEHICLE SALES AND SERVICE

Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:

1.      CAR WASH/CLEANING SERVICE

building or site containing facilities for washing automobiles. It may use automatic production line methods—a chain conveyor, blower, steam cleaning device, or other mechanical device—or it may provide space, water and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the operator.

 

2.      HEAVY EQUIPMENT SALES/RENTALS

Sale, retail, or wholesale and/or rental from the premises of heavy construction equipment, trucks, and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.

 

3.      LIGHT EQUIPMENT SALES/RENTALS

Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, recreational vehicles and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicle sales and rental agencies.

 

4.      MOTOR VEHICLE REPAIR, LIMITED

    1. A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is performed. Examples include quick lube services.

 

    1. Also included vehicle repair establishments that provide replacement of passenger vehicle parts or repairs that do not involve body work or painting or require removal of the engine head or pan, engine transmission, or differential. Examples include tire, muffler, and transmission shops.

 

5.      MOTOR VEHICLE REPAIR, GENERAL

Any vehicle repair activity other than "minor vehicle repair." Examples include repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles.

 

6.      VEHICLE STORAGE AND TOWING 

Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services, private tow lots, impound yards and fleet storage yards. Includes the use of a site for temporary storage of motor vehicles to be sold, rented, salvaged, dismantled, or repaired for a period of not more than 15 days.

 

88-805-06 AGRICULTURAL USE GROUP

The agricultural use group includes the following:

88-805-06-B.     AGRICULTURE, ANIMAL

The feeding, breeding, raising or holding of cattle, swine, poultry or other livestock, whether held in a confinement area or open pasture. Also includes the killing, butchering or dressing of livestock, fowl, fish or other animals raised on the premises. Such killing, butchering or dressing shall be done within an accessory building (or principal building if animal agriculture is the principal use on the lot), which building shall be located not less than 200 feet from any property line.

 

88-810-1660 SIGN, AWNING, MARQUEE, OR CANOPY

A sign that is attached to an awning, marquee, or canopy that extends from the building and covers the walkway.

 

88-820-12 FEATURES ALLOWED TO ENCROACH IN REQUIRED SETBACKS

Required setbacks must be unobstructed and unoccupied from the ground to the sky except that features are allowed to encroach into required setbacks to the extent indicated in the following table:


 

Obstruction/Projection into Required Setback

Front

Side

Rear

Accessory buildings used for domestic storage (e.g., sheds and tool rooms)

No

No

No

Air conditioning units, provided the unit is not more than 4 feet in height

No

Yes

Yes

Arbors and trellises

Yes

Yes

Yes

Awnings, canopies, light shelves, and architecturally integrated solar shading devices

Yes

Yes

Yes

Bay windows that project no more than 3 feet into the setback and are located at least 4 feet above grade at their lowest point

Yes

No

Yes

Chimneys that project no more than 18 inches into the setback

Yes

Yes

Yes

Decks and balconies of less than 500 square feet for detached houses may extend into the rear yard setback, provided that a minimum rear yard setback of 20 feet is maintained

No

No

Yes

Eaves and gutters projecting 3 feet or less into setback

Yes

Yes

Yes

Fences and walls (no more than 20% opaque) up to 6 feet in height

No

Yes

Yes

Fences and walls (more than 20% opaque or solid) up to 6 feet in height

No

Yes

Yes

Fire escape, open; projecting not more than one-half the width of the setback

No

Yes

No

Fire escape, open; projecting not more than 8 feet into the setback

No

No

Yes

Fireproof outside stairway or solid-floored balcony to a fire tower that projects no more than 4 feet into the setback

No

No

Yes

Flagpoles

Yes

Yes

Yes

Geothermal heat pumps and geothermal heat exchange system equipment up to 4 feet in height above grade

No

Yes

Yes

Parking spaces, enclosed, accessed from alleys

No

No

Yes

Parking spaces, unenclosed in R districts

No

No

Yes

Patios over 4 feet above the average level of the adjoining ground

No

No

Yes

Porches and balconies with a roof that are open on at least 3 sides

<10
feet

No

Yes

Rain barrels and cisterns up to 5 feet in height above grade

Yes

Yes

Yes

Recreational equipment (e.g., swing sets and basketball hoops)

No

No

Yes

Roof projecting from garage over open patio not to exceed 8 feet

No

No

Yes

Satellite dish antennas, not exceeding 1 meter in diameter

No

No

No

Satellite dish antennas, over 1 meter but not exceeding 3.0 meters in diameter

No

No

Yes

Sills, belt courses, cornices, buttresses and other architectural features projecting no more than 3 feet into the setback

Yes

Yes

Yes

Solar and wind energy systems, building-mounted

No

Yes

Yes

Solar and wind energy systems, ground-mounted

No

No

Yes

Stairs (unenclosed)

No

Yes

Yes

Steps no more than 6 feet above grade that are necessary for access to a permitted building or for access to zoning lot from a street or alley

Yes

Yes

Yes

Wheelchair lifts and ramps that meet federal, state and local accessibility standards

Yes

Yes

Yes

 

88-820. MEASUREMENTS AND EXCEPTIONS

88-820-15 separation distance

Unless specified otherwise, the required separation between certain land uses shall be measured in a straight line from the nearest property line of the lot occupied by or proposed to be occupied by the regulated use or development to the nearest property line of the other listed use.

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

 

_____________________________________________

 

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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney