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Legislation #: 081033 Introduction Date: 10/9/2008
Type: Ordinance Effective Date: none
Sponsor: None
Title: Enacting a new Chapter 88, Code of Ordinances, by adding Sections 88-10 through 88-820, which comprises the zoning and development code, and repealing Chapters 65, 66 and 80.

Legislation History
DateMinutesDescription
10/9/2008 Filed by the Clerk's office
10/9/2008 Referred to Planning and Zoning Committee
10/22/2008 Hold On Agenda (11/5/2008)
11/5/2008 Hold On Agenda (11/19/2008)
11/19/2008 Hold On Agenda (12/3/2008)
12/3/2008 Hold On Agenda (12/10/2008)
12/10/2008 Hold On Agenda (12/17/2008)
12/17/2008 Referred to City Plan Commission
12/17/2008 Hold On Agenda (1/21/2009)
1/28/2009 Hold On Agenda (2/18/2009)
2/18/2009 Hold On Agenda (2/25/2009)
2/25/2009 Hold On Agenda (3/4/2009)
3/4/2009 Hold On Agenda (3/11/2009)
3/11/2009 Hold On Agenda (4/1/2009)
4/1/2009 Hold On Agenda (4/8/2009)
4/8/2009 Hold On Agenda (4/22/2009)
4/22/2009 Do Pass as a Committee Substitute
4/23/2009 Assigned Third Read Calendar as Substituted
4/30/2009 Councilmember Riley Move To Hold On Docket
4/30/2009 Held on Docket (5/14/2009)
5/14/2009 Councilmember Curls Move To Hold On Docket
5/14/2009 Held on Docket (5/21/2009)
5/21/2009 Councilmember Riley Move to Amend
5/21/2009 Councilmember Ford Move to Amend
5/21/2009 Passed As a Com Sub As Amended and Further Amended

View Attachments
FileTypeSizeDescription
081033pt3.pdf Authenticated 8832K AUTHENTICATED
081033pt2.pdf Authenticated 8378K AUTHENTICATED
081033pt1.pdf Authenticated 5451K AUTHENTICATED
fs_signage­_02_17_2009.xls Fact Sheet 95K Fact Sheet, 02-17-2009, signage Electronic and digital
254S252_stfrpt_02_17_2009_rev020909_Signs.doc Staff Report 3305K Staff Report, CPC 02-17-2009, signage electronic & digital
081033 Affidavit of Publication2.pdf Other 41K Affidavit of Publication
121508.doc Reports 7744K development code in word
Development_Code_Summary_12_16_2008.doc Reports 591K December Development Code summary
Development_Code_Summary_12_16_2008.doc Reports 591K December Development Code summary
Development Code Summary.doc Reports 574K Summary
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081033 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081033
081033, 081035 Affidavit of Publication.pdf Other 43K Affidavit of Publication
Adv. 102208.doc Advertise Notice 23K Advertise Notice
2008_10_06_2008_PublicHearingDraft.pdf Other 2945K final draft development code
Legal_DevelopmentCode_10_02_2008.doc Advertise Notice 20K advertise notice-REVISED, USE THIS ONE
Legal_DevelopmentCode_10_02_2008.doc Advertise Notice 20K advertise notice

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081033, AS AMENDED

 

Enacting a new Chapter 88, Code of Ordinances, by adding Sections 88-10 through 88-820, which comprises the zoning and development code, and repealing Chapters 65, 66 and 80.

WHEREAS, the Citys Zoning Ordinance and Subdivision Regulations have not had a major revision in many years; and

WHEREAS, the City would like to simplify and modernize these regulations; and

  WHEREAS, this ordinance represents several years of difficult work by City staff, City consultants, the Zoning Ordinance Steering Committee, the City Plan commission, the Council, and interested members of the public; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is hereby enacted by adding new Sections 88-10 through 88-820, to read as follows:

 

Kansas City Zoning and Development Code

 

Contents

10 Series  Introductory Provisions

88-10 Legal Framework

88-15 General Rules of Language and Interpretation

88-20 Zoning Map

88-25 Transitional Provisions

100 Series  Base Zoning Districts

88-110 Residential Districts

88-120 Office, Business and Commercial Districts

88-130 Downtown Districts

88-140 Manufacturing Districts

200 Series  Overlay and Special Purpose Districts

88-205 Overlay Districts Generally

88-210 CX/O, Adult Entertainment Overlay District

88-220 SR/O, Special Review Overlay District

88-225 NC/O, Neighborhood Conservation Overlay District

88-230 P/O, Pedestrian-Oriented Overlay

88-235 H/O, Historic Overlay District

88-250 Special Purpose Districts Generally

88-255 SC, Shoal Creek District

88-260 UR, Urban Redevelopment District

88-265 US, Underground Space District

88-270 AG-R, Agricultural-Residential District

88-275 KCIA, Airport District

88-280 MPD, Master Planned Development District

300 Series  Use Regulations

88-305 Accessory Uses and Structures

88-310 Adult Businesses and Adult Media

88-315 Animal Service

88-320 Bed and Breakfast

88-325 Check-Cashing, Title Loan, and Short-Term Loan Establishments

88-330 Day Care

88-331 Day Labor Employment Agency

88-335 Detention and Correctional Facilities

88-340 Drive-Through Facilities

88-345 Funeral and Interment Service

88-350 Group Living and Nursing Homes

88-355 Mining and Quarrying

88-360 Neighborhood-Serving Retail

88-365 Public and Civic Uses

88-370 Temporary Uses

88-375 Vehicle Storage and Towing

88-380 Waste-Related Uses

88-385 Wireless Communication Facilities

400 Series  Development Standards

88-405 Subdivision Design and Improvements

88-410 Open Space Developments &Conservation Developments

88-415 Stream Buffers

88-420 Parking and Loading

88-425 Landscaping and Screening

88-430 Outdoor Lighting

88-435 Outdoor Storage and Display

88-440 Traffic Impact Studies

88-445 Signs

500 Series  Review and Approval Procedures

88-505 General/Common Procedures

88-510 Zoning and Development Code Text Amendments

88-515 Zoning Map Amendments (Rezonings)

88-520 Master Planned Developments

88-525 Special Use Permits

88-530 Site Plan Review

88-535 Minor Subdivisions

88-540 Major Subdivisions Generally

88-545 Preliminary Subdivision Plat

88-550 Construction Plans (Subdivision Improvements)

88-555 Final Subdivision Plats

88-565 Zoning Variances

88-570 Administrative Adjustments

88-575 Appeals of Administrative Decisions

88-580 Historic Designations

88-585 Certificates of Appropriateness

88-590 City Standards, Specifications and Design Criteria

600 Series  Administration and Enforcement

88-605 Review and Decision-Making Bodies

88-610 Nonconformities

88-615 Violations, Penalties and Enforcement

800 Series  Terminology and Measurements

88-805 Use Groups and Categories

88-810 Definitions

88-820 Measurements and Exceptions

88-825 Index

 


10 Series  Introductory Provisions

88-10 Legal Framework

88-10-01 Title

88-10-02 Effective Date

88-10-03 Authority

88-10-04 Applicability

88-10-05 Purposes

88-10-06 Minimum Requirements; Compliance with other Applicable Regulations

88-10-07 Compliance required

88-10-08 Conflicting Provisions

88-10-09 Severability

88-15 General Rules of Language and Interpretation

88-15-01 Meanings and Intent

88-15-02 Tenses and Usage

88-15-03 Conjunctions

88-15-04 Fractions

88-15-05 Headings and Illustrations

88-15-06 References to Other Regulations

88-15-07 Current Versions and Citations

88-15-08 Lists and Examples

88-15-09 Delegation of Authority

88-15-10 Public Officials and Agencies

88-20 Zoning Map

88-20-01 Establishment

88-20-02 Maintenance and Updates

88-20-03 District Boundaries

88-20-04 Interpretations of District Boundaries

88-25 Transitional Provisions

88-25-01 Applications Submitted Before June 1, 2010

88-25-02 Permits Issued Before June 1, 2010

88-25-03 Site-Specific Development Plans Approved Before June 1, 2010

88-25-04 Violations Continue

88-25-05 Nonconformities

88-25-06 Existing Uses

88-25-07 Zoning District Conversions

 

88-10 Legal Framework

 

88-10-01       Title

The official title of this chapter (chapter 88) is the Zoning and Development Code of the City of Kansas City, Missouri. For convenience, it is referred to throughout this chapter as the zoning and development code or this chapter.

88-10-02       Effective Date

88-10-02-A.     Mandatory Compliance

1.           The provisions of this zoning and development code become effective on and compliance with its provisions is mandatory beginning June 1, 2010, except as otherwise expressly stated.

2.           The sign provisions, Section 88-445, will become effective ten days after passage of this ordinance. If any provision of Chapter 80 conflicts with 88-445, Section 88-445 will govern. Until the reminder of this chapter is in effect, references in 88-445 to the zoning districts in this chapter will apply to the zoning districts in Chapter 80, as converted in 88-25-07 herein.

88-10-02-B.     Voluntary Compliance

Starting December 1, 2009, applicants may voluntarily elect to comply with the provisions of this zoning and development code (except the provisions that are already in effect). Those electing to voluntarily comply with this zoning and development code must comply with this zoning and development code in its entirety. Applicants may not selectively choose to comply with some provisions of this zoning and development code and some provisions of prior ordinances.

88-10-03       Authority

This zoning and development code is adopted pursuant to the powers granted and limitations imposed by Missouri law, RSMo Chapter 89, the City Charter and the City of Kansas Citys home rule authority.

88-10-04       Applicability

The regulations of this zoning and development code apply to all development, public or private, within the corporate limits of the City of Kansas City unless otherwise expressly stated in this zoning and development code.

88-10-05       Purposes

This zoning and development code is adopted for the purposes of:

88-10-05-A.     protecting and promoting the public health, safety and general welfare;

88-10-05-B.     implementing the policies and goals contained with officially adopted plans;

88-10-05-C.     enhancing residents quality of life;

88-10-05-D.     protecting the character of established residential neighborhoods;

88-10-05-E.      maintaining economically vibrant and visually attractive business and commercial areas;

88-10-05-F.      retaining and expanding the citys industrial and employment base;

88-10-05-G.     accommodating mixed-use, pedestrian-oriented development patterns;

88-10-05-H.     promoting pedestrian, bicycle and transit use;

88-10-05-I.        maintaining orderly and compatible development patterns that promote an appropriate mix of land uses and protect and conserve property values;

88-10-05-J.       ensuring adequate light, air, privacy and access to property;

88-10-05-K.     promoting natural resource conservation and environmentally responsible development practices;

88-10-05-L.      promoting rehabilitation and reuse of older buildings, including adaptive reuse;

88-10-05-M.   maintaining a range of housing choices and options;

88-10-05-N.     ensuring provision of adequate public facilities and services;

88-10-05-O.     establishing clear and efficient development review and approval procedures; and

88-10-05-P.      accommodating orderly and beneficial development in accordance with the preceding purposes.

88-10-06       Minimum Requirements; Compliance with other Applicable Regulations

88-10-06-A.     The provisions of this zoning and development code are the minimum requirements deemed necessary to carry out the zoning and development codes stated purpose and intent.

88-10-06-B.     In addition to the requirements of the zoning and development code, all uses and development must comply with all other applicable city, state and federal regulations.

88-10-06-C.     All references in the zoning and development code to other city, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the city to enforce state or federal regulations.

88-10-07       Compliance required

Except as otherwise expressly provided in this zoning and development code:

88-10-07-A.     A building or structure may not be erected, moved, reconstructed, extended or structurally altered for any purpose other than one that is permitted in the subject zoning district.

88-10-07-B.     Land may not be used for any purpose other than one that is permitted in the subject zoning district.

88-10-07-C.     Buildings, structures and land may be used and arranged only in compliance with the requirements specified in this zoning and development code.

88-10-07-D.     No building or structure may be erected or moved onto a lot that is not served by a street constructed in accordance with the standards adopted by the director of public works.

88-10-08       Conflicting Provisions

88-10-08-A.     Conflict with State or Federal Regulations

If the provisions of this zoning and development code are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

88-10-08-B.     Conflict with Other City Regulations

If the provisions of this zoning and development code are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

88-10-08-C.     Conflict with Private Agreements and Covenants

This zoning and development code is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning and development code impose a greater restriction than imposed by a private agreement, the provisions of this zoning and development code will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this zoning and development code, the provisions of the private agreement may control. The city does not enforce or maintain a record of private agreements.

88-10-09       Severability

If any portion of this zoning and development code is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning and development code and in no way affects the validity of the remainder of the zoning and development code.

88-15 General Rules of Language and Interpretation

 

88-15-01       Meanings and Intent

The language of the zoning and development code must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in 88-805 and 88-810 or other sections of this ordinance have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance have the meaning given in the latest edition of Merriam-Websters Unabridged Dictionary.

88-15-02       Tenses and Usage

88-15-02-A.     Words used in the singular include the plural. The reverse is also true.

88-15-02-B.     Words used in the present tense include the future tense. The reverse is also true.

88-15-02-C.     The words must, will, shall and may not are mandatory.

88-15-02-D.     The word may is permissive, and should is advisory, not mandatory or required.

88-15-02-E.      When used with numbers, up to X, not more than X and a maximum of X all include X.

88-15-03       Conjunctions

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

88-15-03-A.     And indicates that all connected items or provisions apply; and

88-15-03-B.     Or indicates that the connected items or provisions may apply singularly or in combination.

88-15-04       Fractions

The following rules apply to fractional number unless otherwise expressly stated.

88-15-04-A.     Minimum Requirements

When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.

88-15-04-B.     Maximum Limits

When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a 12,500 square foot lot, the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling units).

88-15-05       Headings and Illustrations

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning and development code. In case of any difference of meaning or implication between the text of this zoning and development code and any heading, drawing, table, figure, or illustration, the text controls.

88-15-06       References to Other Regulations

All references in the zoning and development code to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of county, state, or federal regulations.

88-15-07       Current Versions and Citations

All references to other city, county, state, or federal regulations in the zoning and development code refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning and development code requirements for compliance are no longer in effect.

88-15-08       Lists and Examples

Unless otherwise expressly indicated, lists of items or examples that use including, such as, or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

88-15-09       Delegation of Authority

Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning and development code expressly prohibit such a delegation.

88-15-10       Public Officials and Agencies

All employees, public officials, bodies and agencies to which references are made are those of the City of Kansas City unless otherwise expressly stated.

88-20 Zoning Map

88-20-01       Establishment

The location and boundaries of the zoning districts established by this zoning and development code are shown on a geographic coverage layer entitled Zoning that is maintained as part of the citys geographic information system (GIS) under the direction of the city planning and development director. This Zoning geographic coverage layer constitutes the City of Kansas Citys official zoning map. The official zoning maptogether with all notations, references, data and other information shown on the map is adopted and incorporated into this zoning and development code. It is as much a part of this zoning and development code as if actually depicted within its pages.

88-20-02       Maintenance and Updates

The city planning and development director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The city planning and development director may authorize printed copies of the official zoning map to be produced, and must maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

88-20-03       District Boundaries

When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists. The official zoning map must note any such relationship between a zoning boundary and other mapped feature on the zoning map when entering the zoning boundary.

88-20-04       Interpretations of District Boundaries

Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the city planning and development director using the following rules of interpretation:

88-20-04-A.     A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.

88-20-04-B.     A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

88-20-04-C.     A boundary shown on the zoning map as approximately following a lot line or parcel boundary will be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established.

88-20-04-D.     A boundary shown on the zoning map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.

88-20-04-E.      A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.

88-20-04-F.      A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

 

88-25 Transitional Provisions

88-25-01       Applications Submitted Before JUNE 1, 2010

Development applications (except signage) that were submitted in complete form and are pending approval on the effective date specified in 88-10-02 must be reviewed wholly under the terms of the zoning and subdivision ordinances in effect immediately before the effective date specified in 88-10-02 unless the applicant elects to comply with this zoning and development code pursuant to 88-10-02-B.

88-25-02       Permits Issued Before JUNE 1, 2010

Any building, development or structure for which a final building permit was issued before June 1, 2010 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning and development code. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this zoning and development code.

88-25-03       Site-Specific Development Plans Approved Before JUNE 1, 2010

88-25-03-A.     Permits may be issued for previously approved, unexpired site-specific development plans in accordance with the approved plan. Site-specific development plans approved before June 1, 2010, will remain valid until June 1, 2015 unless a phasing plan or different lapse of approval date was approved at the time the site-specific development plan received final approval.

88-25-03-B.     The city planning and development director and the city plan commission are authorized to grant one time extension for no more than one additional year if the city planning and development director or city plan commission determines that the extension is necessary to address delays beyond the reasonable control of the applicant. After the lapse of approval date, no permits or other approvals may be issued except in accordance with the standards and procedures of this zoning and development code.

88-25-03-C.     For purposes of this section, site-specific development plans are plans or plats submitted by landowner or a landowners authorized representative describing with reasonable certainty the type and intensity of development for a specific parcel of property and that have been approved by the city plan commission, board of zoning adjustment and/or city council. Such plans may be in the form of a preliminary subdivision plats or plans, final subdivision plats or plans, or other similar plans, as determined by the planning and development director.

88-25-04       Violations Continue

Any violation of the previous zoning and development code will continue to be a violation under this zoning and development code and be subject to penalties and enforcement under 88-615. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this zoning and development code, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in 88-10-02. The adoption of this zoning and development code does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in 88-10-02.

88-25-05       Nonconformities

Any nonconformity under the previous zoning ordinance will also be a nonconformity under this zoning and development code, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning and development code, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted zoning and development code does not achieve nonconforming status under this zoning and development code merely by repeal of the previous zoning ordinance.

88-25-06       Existing Uses

88-25-06-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, such use will be considered a lawfully established special use.

88-25-06-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 after the effective date of such amendment.

88-25-06-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 Section 88-610.

88-25-07       Zoning District Conversions

88-25-07-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 east:

 

 

Previous Zoning District

 

New Zoning District

 

 

 

 

 

 

 

Downtown ►►►

 

(See Section 88-130)

C-4

 

Central Business

DC-15

Downtown Core

URD

 

Urban Redevelopment District

UR

Urban Redevelopment

R

 

Any R District

->

As specified in 88-25-07-B

M

 

Any M District

->

As specified in 88-25-07-B

Other

 

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

->

As specified in 88-25-07-B

 

 

No existing equivalent

DR

Downtown Residential

 

 

No existing equivalent

DX

Downtown Mixed-Use

88-25-07-B.     Other Areas

Except as expressly stated for the downtown area in 88-25-07-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

 

 

Previous Zoning District

 

New Zoning District

 

 

 

 

 

 

 

Residential ►►►

 

(See Section 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

GP6

 

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

GP5

 

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

GP4

 

High-density Residential

R-2.5

Residential 2.5

R-3

 

Low-density Low Apartments

R-2.5

Residential 2.5

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 Section 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)

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 Section 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

AgriculturalResidential

GP8

 

Airport and Conservation

KCIA

Airport

RPT

 

Temporary Automobile Parking

NONE

Eliminated (convert to R-1.5)

 


100 Series  Base Zoning Districts

88-110 Residential Districts........................................................................................................ 16

88-110-01 Districts................................................................................................................... 16

88-110-02 Purpose.................................................................................................................. 16

88-110-03 Uses....................................................................................................................... 16

88-110-04 Residential Building Types....................................................................................... 18

88-110-05 Development Options.............................................................................................. 21

88-110-06 Lot and Building Standards...................................................................................... 22

88-120 Office, Business and Commercial Districts.................................................................... 30

88-120-01 Districts................................................................................................................... 30

88-120-02 Purpose.................................................................................................................. 31

88-120-03 Uses....................................................................................................................... 31

88-120-04 Lot and Building Standards...................................................................................... 34

88-120-05 Floor Area Limits for Commercial Establishments..................................................... 35

88-120-06 Floor Area Limits for Industrial Establishments......................................................... 36

88-120-07 Ground-Floor Commercial Floor Space................................................................... 36

88-120-08 Indoor/Outdoor Operations..................................................................................... 36

88-130 Downtown Districts.......................................................................................................... 36

88-130-01 Districts................................................................................................................... 36

88-130-02 Purpose.................................................................................................................. 37

88-130-03 Eligibility for D Zoning............................................................................................. 38

88-130-04 Allowed Uses.......................................................................................................... 38

88-130-05 Lot and Building Standards...................................................................................... 41

88-130-06 Ground-Floor Commercial Floor Space................................................................... 42

88-130-07 Floor Area and Building Height Bonuses for Public Benefits...................................... 42

88-140 Manufacturing Districts................................................................................................... 42

88-140-01 Purpose.................................................................................................................. 42

88-140-02 Districts................................................................................................................... 42

88-140-03 Allowed Uses.......................................................................................................... 43

88-140-04 Lot and Building Standards...................................................................................... 45

88-140-05 Outdoor Storage and Work Activities...................................................................... 46

88-140-06 Screening and Buffering........................................................................................... 47

88-140-07 Outdoor Work Areas.............................................................................................. 47

 

88-110 Residential Districts

88-110-01   Districts

88-110-01-A. List

The citys residential zoning districts are listed below. When this zoning and development code refers to residential zoning districts or R districts, it is referring to these districts.

Map Symbol

 

District Name

 

 

 

R-80

 

Residential 80

R-10

 

Residential 10

R-7.5

 

Residential 7.5

R-6

 

Residential 6

R-5

 

Residential 5

R-2.5

 

Residential 2.5

R-1.5

 

Residential 1.5

R-0.5

 

Residential 0.5

R-0.3

 

Residential 0.3

88-110-01-B. Deciphering The Names and Map Symbols

The R district names (map symbols) are intended to provide a general indication of what is allowed in the district, with the R denoting the residential orientation of the district and the numeral providing a general indication of the allowed density, expressed in terms of the required minimum lot area per dwelling unit (in thousands). The R-7.5 district, for example, is a short-hand reference to a residential district that generally allows one dwelling unit per 7,500 square feet of gross site area.

88-110-02   Purpose

Kansas Citys residential (R) zoning districts are primarily intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain the desired physical character of existing and developing neighborhoods. While the districts primarily accommodate residential use types, some nonresidential uses are also allowed. The R district standards provide development flexibility, while at the same time helping to ensure that new development is compatible with the citys many neighborhoods. In addition, the regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed.

88-110-03   Uses

88-110-03-A. Use Table

Uses are allowed in R zoning districts in accordance with Table 110-1, below.

88-110-03-B. Use Classification System

For the purpose of this zoning and development code, uses are classified into use groups, use categories, and specific use types. These are described and defined in 88-805. The first column of Table 110-1 lists the groups, categories and types allowed in one or more R districts.

88-110-03-C. Permitted Uses

Uses identified with a P in Table 110-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning and development code.

88-110-03-D. Special Uses

Uses identified with an S in Table 110-1 may be allowed if reviewed and approved in accordance with the special use permit procedures of Section 88-525. Special uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning and development code.

88-110-03-E.  Prohibited Uses

Uses not listed in the table and those identified with a are expressly prohibited.

88-110-03-F.  Use Standards

The use standards column of Table 110-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required regardless of whether the use is permitted as-of-right or requires special use approval.

88-110-03-G. Special Standards Adjacent to Parks, Boulevards and parkways

(RESERVED)

Table 110-1

Residential Districts Use Table

U S E G R O U P

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

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 (14)

 

P

P

P

P

P

P

P

P

P

 

 

└Family (510)

 

P

P

P

P

P

P

P

P

P

 

88-330-01

└Group(1120)

 

S

S

S

S

S

S

P

P

P

 

88-330-02

└Center (21+)

 

 

 

Detention and Correctional Facilities

 

S

 

88-335

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

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

S

S

S

S

S

S

S

S

 

 

└Basic, minor

 

P

P

P

P

P

P

P

P

P

 

 

C O M M E R C I A L

 

 

 

 

 

 

 

 

 

 

 

 

Entertainment and Spectator Sports

 

S

 

 

Funeral and Interment Service

 

 

 

 

 

 

 

 

 

 

 

88-345

└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

 

88-345

Lodging

 

 

 

 

 

 

 

 

 

 

 

 

└Bed and breakfast

 

S

S

S

S

S

S

 

88-320

└Recreational vehicle park

 

S

 

 

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)

 

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

 

 

Waste-Related Use (except as noted below)

 

 

 

└Demolition debris landfill

 

S

 

88-380

O T H E R

 

 

 

 

 

 

 

 

 

 

 

 

Agriculture, Crop

 

P

P

P

P

P

P

P

P

P

 

 

Agriculture, Animal

 

P

 

 

Wireless Communication Facility

 

 

 

 

 

 

 

 

 

 

 

 

└Freestanding

 

P

 

88-385

└Co-located antenna

 

P

P

P

P

P

P

P

P

P

 

88-385

88-110-04   Residential Building Types

88-110-04-A. Residential Building Types Allowed

The residential uses allowed in R districts must be located in residential buildings. The following residential building types are allowed in R districts. Many residential building types are subject to supplemental standards, as referenced in 88-110-06-C.

Building Type

 

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.5

R-0.3

 

 

 

 

 

 

 

 

 

 

 

Detached house

 

P

P

P

P

P

P

P

P

P

Zero lot line house

 

P

P

P

P

P

P

P

P

P

Cottage house

 

P

P

P

P

P

P

P

Attached house

 

 

 

 

 

 

 

 

 

 

└Semi-attached

 

 

 

 

 

 

 

 

 

 

└on corner lots

 

P[1]

P[1]

P[1]

P

P

P

P

P

└in other situations

 

P

P

P

P

P

└Townhouse

 

P

P

P

P

P

Two-unit house

 

 

 

 

 

 

 

 

 

 

└on corner lots

 

P[1]

P[1]

P[1]

P

P

P

P

P

└in other situations

 

P

P

P

P

P

Multi-unit house

 

P

P

P

P

Multiplex

 

P

P

P

Multi-unit building

 

P

P

P

 

 

 

 

 

 

 

 

 

 

 

P = permitted building type = prohibited building type

[1] Permitted only in approved open space development or conservation development; subject to 88-110-06-C.4

88-110-04-B. Residential Building Types Defined and Regulated

Definitions and regulations for residential building types are as follows:

1.

Detached House

A detached house is a principal building containing one dwelling unit located on a single lot with private yards on all sides. Detached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2). No more than one detached house may be located on a single lot.

 

 

 

 

2.

Zero Lot Line House

A zero lot line house is a principal building containing one dwelling unit located on a single lot. The building is shifted to one side of the lot so that there is a more usable side yard on one side of the house and very little or no private yard on the other side. Zero lot line houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the zero lot line standards of 88-110-06-C. No more than one zero lot line house may be located on a single lot.

 

 

 

 

3.

Cottage House

A small detached house that is grouped with other cottages around a shared open space. Cottage houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the cottage house development standards of 88-110-06-C. Multiple cottage houses may be located on a single lot, subject to the limitation of 88-110-06-C.

 

 

 

 

4.

Attached House

A building containing multiple dwelling units, each located on its own lot with a common or abutting wall along shared lot lines. Each dwelling unit has its own external entrance. There are two types of attached houses: semi attached houses and townhouses. Attached houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the attached house standards of 88-110-06-C No more than one attached house may be located on a single lot.

 

 

 

 

 

 

 

A semi-attached house is an attached house building containing 2 dwelling units.

 

 

 

 

 

 

 

 

A townhouse is an attached house building containing 3 or more dwelling units.

 

 

 

 

5.

Two-unit House

A two-unit house is a building containing 2 dwelling units, both of which are located on a single lot or parcel (also referred to as a duplex or two-flat). The dwelling units are attached and may be located on separate floors or side-by-side. Two-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the two-unit house standards of 88-110-06-C. No more than one two-unit house may be located on a single lot.

 

 

 

 

6.

Multi-unit House

A multi-unit house is a building containing 3 to 8 dwelling units located on a single lot. Multi-unit houses appear as large detached houses and have only one entrance visible from the street. Multi-unit houses are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the multi-unit house standards of 88-110-06-C. More than one multi-unit house may be located on a single lot, subject to compliance with all applicable lot and building standards.

 

 

 

 

7.

Multiplex

A multiplex is a building containing 3 to 8 dwelling units, each of which has its own external entrance. Multiplexes are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified by the multiplex standards of 88-110-06-C. More than one multiplex may be located on a single lot, subject to compliance with all applicable lot and building standards and subject to site plan review

 

 

 

 

8.

Multi-unit building

A multi-unit building is a building containing 3 or more dwelling units (other than a multiplex or multi-unit house) that share common walls and/or common floors/ceilings. Multi-unit buildings are typically served by one or more common building entrances. Multi-unit buildings are subject to the lot and building standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the Multi-unit building standards of 88-110-06-C. More than one multi-unit building may be located on a single lot, subject to compliance with all applicable lot and building standards.

88-110-05   Development Options

Different development options are offered in R districts to accommodate a variety of community and lifestyle choices. The options described in this section may be used at the property owners election.

88-110-05-A. Conventional Development

Conventional development is any development that is not part of an approved open space development or conservation development. Lot and building standards for conventional development can be found in 88-110-06-B (Table 110-2).

88-110-05-B. Open Space Development

The open space development option allows smaller lots and other flexible lot and building standards in exchange for the provision of common open space that is not typically provided in a conventional development. Lot and building standards for open space development can be found in 88-110-06-B (Table 110-2). Additional open space development standards are included in 88-410.

88-110-05-C. Conservation Development

The conservation development option allows even greater flexibility in exchange for the provisions of a greater amount of common open space than required for open space developments. Lot and building standards for conservation development can be found in 88-110-06-B (Table 110-2). Additional conservation development standards are included in 88-410.

88-110-06   Lot and Building Standards

88-110-06-A. General

This section establishes basic lot and building standards for all development in R districts. The standards vary based on zoning classification, building type and development type. These standards are not to be interpreted as a guarantee that allowed densities and development yields can be achieved on every lot. Other factors, such as off-street parking requirements, central water and wastewater service availability, and others may limit development more than these standards.

88-110-06-B. Basic Standards

All residential and nonresidential development in R districts must comply with the lot and building standards of Table 110-2, except as otherwise expressly provided by the building type-specific standards of 88-110-06-C. Nonresidential development in R districts must comply with the conventional development standards of Table 110-2. General exceptions to lot and building standards and rules for measuring compliance can be found in 88-820.

Table 110-2

Lot and Building Standards

 

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.5

R-0.3

 

 

 

 

 

 

 

 

 

 

 

C O N V E N T I O N A L D E V T

 

 

 

 

 

 

 

 

 

 

Lot Size

 

 

 

 

 

 

 

 

 

 

└Min. lot area (square feet)

 

80,000

10,000

7,500

6,000

5,000

4,000

3,000

3,000

2,500

└Min. lot area per unit (sq. ft.)

 

80,000

10,000

7,500

6,000

5,000

2,500

1,500

500

300

└Min. lot width (feet)

 

150

85

50

50

45

40

30

30

25

Front Setback [1]

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

25

25

25

25

25

25

15

15

15

└Min. garage (% of lot depth)

 

25

25

25

25

25

25

20

20

20

└Maximum required (ft)

 

40

30

30

30

25

25

20

20

20

Rear Setback

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

25

25

25

25

25

25

25

25

25

└Maximum required (ft)

 

50

30

30

30

30

25

25

25

25

Side Setback

 

 

 

 

 

 

 

 

 

 

└Min. each side (% lot width)

 

10

10

10

10

10

10

10

10

10

└Maximum required (feet)

 

8

8

8

8

8

8

8

8

8

└Min. abutting major street (ft)

 

15

15

15

15

15

15

15

15

15

Height (feet)

 

 

 

 

 

 

 

 

 

 

└Maximum

 

35

35

35

35

35

40

45

120

200

O P E N S P A C E D E V T

 

 

 

 

 

 

 

 

 

 

Overall Site

 

 

 

 

 

 

 

 

 

 

└Min. open space (% of site)

 

30

30

30

30

30

30

30

30

30

└Min. area per unit (sq. ft.)

 

72,000

9,000

6,750

5,400

4,500

2,750

1,350

450

270

Lot Size

 

 

 

 

 

 

 

 

 

 

└Min. lot area (square feet)

 

12,000

7,500

6,000

5,000

3,750

3,000

2,500

2,500

2,500

└Min. lot width (feet)

 

100

75

50

45

35

25

25

25

25

Front Setback

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

20

15

15

15

15

15

15

15

15

└Min. garage (% of lot depth)

 

25

25

25

25

25

20

20

20

20

└Maximum required (ft)

 

25

25

25

25

25

20

20

20

20

Rear Setback

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

25

25

25

25

25

25

25

25

25

└Maximum required (ft)

 

50

30

30

30

30

25

25

25

25

Side Setback

 

 

 

 

 

 

 

 

 

 

└Min. each side (% lot width)

 

10

10

10

10

10

10

10

10

10

└Maximum required (feet)

 

8

8

8

8

8

8

8

8

8

└Min. abutting major street (ft)

 

15

15

15

15

15

15

15

15

15

Height( feet)

 

 

 

 

 

 

 

 

 

 

└Maximum

 

35

35

35

35

35

40

45

120

200

C O N S E R V A T I O N D E V T

 

 

 

 

 

 

 

 

 

 

Overall Site

 

 

 

 

 

 

 

 

 

 

└Min. open space (% of site)

 

60

60

60

60

60

60

60

60

60

└Min. area per unit (sq. ft.)

 

64,000

8,000

6,000

4,800

4,000

2,000

1,200

400

240

Lot Size

 

 

 

 

 

 

 

 

 

 

└Min. lot area (square feet)

 

9,600

3,200

2,500

2,500

2,500

2,500

2,500

2,500

2,500

└Min. lot width (feet)

 

85

50

45

35

30

25

25

25

25

Front Setback

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

20

15

15

15

15

15

15

15

15

└Min. garage (% of lot depth)

 

25

25

25

25

25

20

20

20

20

└Maximum required (ft)

 

25

25

25

25

25

20

20

20

20

Rear Setback

 

 

 

 

 

 

 

 

 

 

└Minimum (% of lot depth)

 

25

25

25

25

25

25

25

25

25

└Maximum required (ft)

 

50

30

30

30

30

25

25

25

25

Side Setback

 

 

 

 

 

 

 

 

 

 

└Min. each side (% lot width)

 

10

10

10

10

10

10

10

10

10

└Maximum required (feet)

 

8

8

8

8

8

8

8

8

8

└Min. abutting major street (ft)

 

15

15

15

15

15

15

15

15

15

Height (feet)

 

 

 

 

 

 

 

 

 

 

└Maximum

 

35

35

35

35

35

40

45

120

200

 

[1] Minimum street side setback is 50% of required front setback.

88-110-06-C. Building-Type Specific Standards

1.           Zero Lot Line Houses

Zero lot line houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following zero lot line house standards:

(a)    Zero lot line building arrangements require that the planning for all house locations be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site planning is possible, while ensuring that neighborhood character is maintained.

(b)   The side setback on one side of the lot may be reduced to as little as zero. The zero-setback side may not abut a street or a lot that is not part of the zero lot line development. The minimum combined side setback requirements of 88-110-06-B apply on the non-zero side, which means that a lot with a zero side setback on one side must provide a setback equal to at least 20% of the lot width on the opposite side of the lot.

(c)    Eaves on the side of a house with a reduced setback may project over the abutting lot line only if a perpetual eave overhang easement at least 5 feet in width is provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property.

(d)   When the zero lot line houses exterior wall or eaves are set back less than 2 feet from the abutting side lot line, a perpetual maintenance easement at least 5 feet in width must be provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title on the property. This provision is intended to ensure the ability to conduct maintenance and upkeep activities on the zero lot line house.

(e)    Windows or other openings that allow for visibility into the side yard of the lot abutting the zero-setback side lot are not allowed on zero lot line houses. Windows that do not allow visibility into the side yard of the abutting lot, such as clerestory windows or translucent windows, are allowed, subject to compliance with the building code.

2.           Cottage House

Cottage house developments are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified by the following cottage house development standards:

(a)    Development Size

Cottage house developments must contain at least 4 and no more than 12 cottage houses. A development site may contain more than one cottage house development.

(b)   Lot Size

(1)   In the R-7.5, R-6 and R-5 districts the minimum required lot area per cottage unit is 50% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).

(2)   In the R-2.5 district the minimum required lot area per cottage unit is 75% of the minimum lot area per unit standard of 88-110-06-B (Table 110-2).

(3)   In the R-1.5, R-0.5 and R-0.3 districts the minimum lot area per unit standard of 88-110-06-B (Table 110-2) applies.

(c)    Floor Area

(1)   The total floor area of each cottage may not exceed either 1.5 times the area of the main floor or 1,250 square feet, whichever is less. Attached garages are counted in the calculation of total floor area.

(2)   The maximum main floor area for cottages is 850 square feet. For the purposes of this calculation, the area of interior stairways may be allocated between floors served.

(d)   Setbacks and building Separation

All structures within cottage house developments must be set back at least 15 feet from property lines abutting streets and 10 feet from other property lines along the outer perimeter of the cottage house development site. When vehicular access to a cottage housing development is from an alley, a 4-foot minimum rear setback is allowed. All buildings within the cottage house development must be separated by a minimum distance of 10 feet.

(e)    Building Height

Cottage houses may not exceed 18 feet in height, except that pitched roofs with a minimum pitch of 6:12 may extend up to 25 feet in height. All parts of a roof above 18 feet in height must be pitched.

(f)     Open Space

Cottage house developments must include at least 200 square feet of common open space per cottage. At least 50% of the cottages in a cottage housing development must abut common open space and the common open space must have cottages abutting on at least 2 sides. All cottages must be located within 60 feet walking distance of the common open space.

Each cottage unit must have 150 square feet of private, contiguous, usable open space adjacent to each dwelling unit, for the exclusive use of the cottage resident. Such private open space must be oriented toward the common open space as much as possible, with no dimension less than 10 feet.

All cottages must have a roofed porch at least 80 square feet in area with a minimum dimension of 8 feet on any side.

3.           Attached house

Attached houses are subject to the standards of 88-110-06-B (Table 110-2), except as expressly modified or supplemented by the following attached house standards.

(a)    The minimum lot width for an attached house is 18 feet.

(b)   The minimum lot area per unit requirements of 88-110-06-B (Table 110-2) apply to attached house projects on a project-wide basis, meaning that the total area of the attached house site, including common areas comprising up to 20% of the overall site, may be counted as lot area. Common areas may include commonly owned open space, access drives and parking areas. Such common areas may also be included in setback calculations.

(c)    No side setback is required for common or abutting walls. The minimum total (combined) side setback standard of Table 110-2 (88-110-06-B) applies along the sides of the building that do not have common or abutting walls.

(d)   Common or abutting walls must be shared for at least 50% of their length.

(e)    On corner lots, either the rear setback or side setback may be reduced to zero. However, the remaining side or rear setback must comply with the standards of Table 110-2.

(f)     The minimum total (combined) side setback standard of Table 110-2 applies along the sides of the building that do not have common or abutting walls.

(g)    The front facade of any attached house may not include more than 40% garage wall area.

(h)    Townhouse buildings may not contain more than 9 attached dwelling units.

4.           Two-unit Houses and Semi-Attached Houses on Corner Lots

Under the conventional development option, two-unit houses and semi-attached houses are subject to the standards of Table 110-2 (88-110-06-B). In approved open space or conservation developments two-unit houses and semi-attached houses are allowed on corner lots in all R districts except R-80. In R-10, R-7.5 and R-6 districts they are subject to the following additional standards.

(a)    Two-unit houses and semi-attached houses are allowed on corner lots in situations in which such building types would not otherwise be allowed because they can be designed so each unit is oriented towards a different street. This gives the two-unit house and the semi-attached house the overall appearance of a detached house when viewed from either street.

(b)   The corner lot must comply with the minimum lot area standard of the subject zoning district. No lot with less than 3,000 square feet of lot area may be used for the corner lot option.

(c)    Each dwelling unit within the two-unit house or semi-attached house must have its address and main entrance oriented towards a separate street frontage. Conversion of an existing detached house may provide one main entrance with internal access to both units.

5.           Multi-unit house

Multi-unit houses are subject to the standards of Table 110-2 (88-110-06-B) except as expressly modified or supplemented by the following standards.

(a)    The street-facing faade of a multi-unit house may have only one visible entrance to the building. If the building is located on a corner lot, one building entrance may be visible from each street.

(b)   Visible building entrances must be clearly emphasized by any one of the following means:

(1)   covered porch or canopy;

(2)   transom and sidelight windows;

(3)   pilasters and pediment; or

(4)   other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)

(c)    Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.

(d)   A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.

(e)    Surface parking and parking within accessory structures must be located behind the front building line and otherwise concealed from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Any portion of a parking area that is visible from an abutting street must comply with the perimeter landscaping requirements of 88-425-05.

(f)     The front facade of new multi-unit houses may not exceed 40 feet in width. Buildings may exceed this limitation if the street-facing plane of the building is broken into horizontal modules that comply with the following standards:

(1)   Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a change in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet.

(2)   Each module must have a corresponding change in the roofline.

(3)   Each module must be distinguished from the adjacent module by at least one of the following means:

a.           changes in material colors, types or textures;

b.           changes in the building and/or parapet height;

c.           changes in the architectural details such as decorative banding, reveals, stone, or tile accents;

d.           change in window pattern; and

e.           the use of balconies and recesses.

6.           Multi-unit Buildings

Multi-unit buildings (i.e., buildings containing 3 or more dwelling units, other than multiplexes or multi-unit houses) are subject to the standards of 88-110-06-B (Table 110-2) except as modified or supplemented by the following standards.

(a)    Visible building entrances to dwelling units on the ground floor must be clearly emphasized by any one of the following means:

(1)   covered porch or canopy;

(2)   transom and sidelight windows;

(3)   pilasters and pediment; or

(4)   other significant architectural treatment that emphasizes the entrance. (Simple trim around the doorway does not meet this standard)

(b)   Patio-style doors, such as sliding glass doors, may not be used for main entrance doors.

(c)    A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights-of-way and to parking areas and other on-site facilities.

(d)   Surface parking and parking within accessory structures must be located behind front building line or otherwise screened from view of abutting streets. Parking areas may not be located directly between the principal building and the street or within any required side setback area. Any portion of a parking area that is visible from an abutting street must comply with the perimeter landscaping requirements of 88-425-05.

(e)    Street-facing walls that are greater than 50 feet in length must be articulated with bays, projections, recesses or other design elements that effectively break-up the mass of the building.

 

88-120 Office, Business and Commercial Districts

88-120-01   Districts

88-120-01-A. List

The citys office, business and commercial zoning districts are listed below. When this zoning and development code refers to office or business zoning districts or O or B districts, respectively, it is referring to these districts.

Map Symbol

 

District Name

 

 

 

O

 

Office

B1

 

Neighborhood Business 1

B2

 

Neighborhood Business 2

B3

 

Community Business

B4

 

Heavy Business/Commercial4

88-120-01-B. Deciphering the Names and Map Symbols

The map symbols and district names shown above provide only a general, relative indication of the types and scale of uses allowed within respective districts. When these districts are identified on the zoning map they will include at least one other essential information component: an intensity designator, which will be identified by a dash and a numeral following the initial letter or letter-number combination, as in B2-2 (B2 dash 2). The intensity designator establishes the allowable intensity of development and applicable lot and building standards (see also 88-120-04).

88-120-02   Purpose

88-120-02-A. General

Kansas Citys office (O) and business (B) zoning districts are primarily intended to accommodate office, retail, service, business and commercial uses and to ensure that O-and B- zoned areas are compatible with their surroundings in terms of physical character and operating characteristics.

88-120-02-B. O, Office Districts

O zoning districts are primarily intended to accommodate professional and administrative office uses.

88-120-02-C. B, Business Districts

B zoning districts are primarily intended to accommodate and promote neighborhood- and community-serving retail sales or service uses, as well as mixed-use development consisting of business uses on a buildings lower floors and residential uses on upper floors. This type of vertical, mixed-use development is encouraged in many areas of the city because it reflects the citys traditional urban, pedestrian-oriented character. Encouraging residential development in mixed-use zoning districts also provides increased housing choice and opportunities to promote higher density housing. The B districts are distinguished primarily on the basis of allowed uses and commercial floor area limits. The B4 district is primarily intended to accommodate heavier commercial activities and/or outdoor operations that are typically not found in or compatible with mixed-use or neighborhood-oriented environments.

88-120-03   Uses

88-120-03-A. Use Table

Uses are allowed in O and B zoning districts in accordance with Table 120-1, below.

88-120-03-B. Use Classification System

For the purpose of this zoning and development code, uses are classified into use groups, use categories, and specific use types. These are described and defined in 88-805. The first column of Table 120-1 lists the groups, categories and types allowed in one or more O or B districts.

88-120-03-C. Permitted Uses

Uses identified with a P in Table 120-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning and development code.

88-120-03-D. Special Uses

Uses identified with an S in Table 120-1 may be allowed if reviewed and approved in accordance with any special use permit procedures of Article 88-525. Special uses are subject to compliance with the use standards identified in the final column of the table and all other applicable standards of this zoning and development code.

88-120-03-E.  Prohibited Uses

Uses not listed in the table and those identified with a are expressly prohibited.

88-120-03-F.  Use Standards

The use standards column of Table 120-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required regardless of whether the use is permitted as-of-right or requires special use approval.

88-120-03-G. Special Standards Adjacent to Parks, Boulevards and parkways

(RESERVED)

Table 120-1

Office, Business and Commercial Districts Use Table

U S E G R O U P

 

Z O N I N G

DISTR I C T

 

 

Use Category

└specific use type

 

O

B1

B2

B3

B4

 

Use

Standards

 

 

 

 

 

 

 

 

 

R E S I D E N T I A L

 

 

 

 

 

 

 

 

Household Living

 

 

 

 

 

 

 

 

└In single-purpose residential building

 

P

P

P

P

 

 

└above ground floor (in mixed-use building)

 

P

P

P

P

P

 

 

Group Living

 

P

P

P

P

P

 

 

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

 

 

 

 

 

 

 

 

College/University

 

P

P

P

P

P

 

 

Day Care

 

 

 

 

 

 

 

 

└Home-based (14)

 

P

P

P

P

P

 

 

└Family (510)

 

P

P

P

P

P

 

 

└Group(1120)

 

P

P

P

P

P

 

 

└Center (21+)

 

P

P

P

P

P

 

 

Hospital

 

S

P

P

 

 

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

 

 

└Police station

 

P

P

P

P

P

 

 

└Ambulance service

 

S

S

S

P

P

 

 

School

 

P

P

P

P

P

 

 

Utilities and Services(except as noted below)

 

S

S

S

S

S

 

 

└Basic, minor

 

P

P

P

P

P

 

 

C O M M E R C I A L

 

 

 

 

 

 

 

 

Adult Business

 

 

 

 

 

 

 

 

└Adult media store

 

P

P

P

 

88-310-03

└Adult motion picture theater

 

P

P

 

88-310-02

└Sex shop

 

P

P

 

88-310-02

Animal Service

 

 

 

 

 

 

 

 

└Sales and grooming

 

P

P

P

P

 

88-315

└Shelter or boarding

 

P

P

P

 

88-315

└Veterinary

 

P

P

P

 

88-315

└Stable

 

S

 

88-315

Artist Work or Sales Space

 

P

P

P

P

 

 

Building Maintenance Service

 

P

P

 

 

Business Equipment Sales and Service

 

P

P

P

 

 

Business Support Service(except as noted below)

 

P

P

P

 

 

└Day labor employment agency

 

S

 

88-331

Communications Service Establishments

 

P

P

P

P

 

 

Drive-Through Facility

 

P

P

P

 

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 (1149 capacity)

 

S

P

P

 

 

└Indoor medium venue (150499 capacity)

 

P

P

 

 

└Indoor large venue (500+ capacity)

 

S

P

 

 

└Outdoor (all sizes)

 

S

P

 

 

Financial Services(except as noted below)

 

S

P

P

P

P

 

 

└Check-cashing, short-term loan/title loan establishment

 

S

S

S

 

88-325

└Pawn shop

 

S

S

P

 

 

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

 

88-345

Gasoline and Fuel Sales

 

S

S

S

P

 

 

Lodging

 

 

 

 

 

 

 

 

└Bed and Breakfast

 

P

P

P

P

 

 

└Hotel/motel

 

P

P

 

 

└Recreational vehicle park

 

S

S

 

 

Office, Administrative, Professional or General

 

P

P

P

P

P

 

 

Office, Medical

 

P

P

P

P

P

 

 

└Blood/plasma center

 

S

S

 

 

Parking, Non-accessory

 

S

P

P

 

 

Personal Improvement Service

 

P

P

P

P

P

 

 

Repair or Laundry Service, Consumer

 

P

P

P

P

 

 

Research Service

 

P

P

P

P

P

 

 

Retail Sales

 

P

P

P

P

 

 

Sports and Recreation, Participant

 

 

 

 

 

 

 

 

└Indoor

 

P

P

P

P

 

 

└Outdoor

 

P

P

 

 

Vehicle Sales and Service(except as noted below)

 

P

P

 

 

└Car wash/cleaning service

 

S

P

P

 

 

└Heavy equipment sales/rental

 

S

P

 

 

└Light equipment sales/rental (indoor)

 

P

P

P

 

 

└Light equipment sales/rental (outdoor)

 

S

S

P

 

 

└Motor vehicle repair, limited

 

S

P

P

 

 

└Motor vehicle repair, general

 

S

P

 

 

└Vehicle storage/towing

 

P

 

88-375

I N D U S T R I A L

 

 

 

 

 

 

 

 

Manufacturing, Production and Industrial Service

 

 

 

 

 

 

 

 

└Artisan

 

P

 

 

└Limited

 

S

 

 

└General

 

S

 

 

Recycling Service

 

 

 

 

 

 

 

 

└Limited

 

S

 

 

Residential Storage Warehouse

 

-

P

 

 

Warehousing, Wholesaling, Freight Movement

 

 

 

 

 

 

 

 

└Indoor

 

P

 

 

└Outdoor

 

 

 

O T H E R

 

 

 

 

 

 

 

 

Agriculture, Crop

 

P

P

P

P

P

 

 

Wireless Communication Facility

 

 

 

 

 

 

 

 

└Freestanding

 

P

P

P

 

88-385

└Co-located antenna

 

P

P

P

P

P

 

88-385

88-120-04   Lot and Building Standards

88-120-04-A. General

This section establishes basic lot and building standards for all development in O and B districts. The standards that apply vary according to the intensity designator that is attached to the zoning district symbol. These intensity designators are identified by the numeral following the dash (-) in the district name, as in B1-2 (B1 dash 2).

88-120-04-B. Basic Standards

All residential and nonresidential development in O and B districts must comply with the lot and building standards of Table 120-2, except as otherwise expressly provided. General exceptions to lot and building standards and rules for measuring compliance can be found in 88-820.

Table 120-2

Lot and Building Standards (O and B Districts)

 

-1

-2

-3

-4

-5

 

 

 

 

 

 

 

Lot Size

 

 

 

 

 

 

└Min. lot area (square feet)

 

None

None

None

None

None

└Min. lot area per unit (sq. ft.)

 

 

 

 

 

 

└in single purpose residential building

 

1,250

750

400

300

200

└above ground floor in mixed-use building

 

None

None

None

None

None

└Min. lot width (feet)

 

None

None

None

None

None

Floor Area Ratio

 

 

 

 

 

 

└Maximum

 

1.4

2.2

3.0

4.0

5.0

Min. Front Setback [1]

 

 

 

 

 

 

└Abutting residential district

 

[1]

[1]

[1]

[1]

[1]

└Not abutting R district

 

None

None

None

None

None