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
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-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.
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.
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.
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.
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-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.
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-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.
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.
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-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.
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.
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).
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.
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.
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.
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.
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.
All
employees, public officials, bodies and agencies to which references are made
are those of the City of Kansas City unless otherwise expressly stated.
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.
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.
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.
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.
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.
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-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.
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.
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-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.
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:
|
|
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Previous Zoning District
|
|
New Zoning District
|
|
|
|
|
|
|
|
|
|
Downtown ►►►
|
|
(See Section 88-130)
|
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C-4
|
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Central Business
|
DC-15
|
Downtown Core
|
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URD
|
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Urban Redevelopment District
|
UR
|
Urban Redevelopment
|
|
R
|
|
Any R District
|
->
|
As specified in 88-25-07-B
|
|
M
|
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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
|
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:
|
|
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Previous Zoning District
|
|
New Zoning District
|
|
|
|
|
|
|
|
|
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Residential ►►►
|
|
(See Section 88-110)
|
|
RA
|
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Agricultural
|
R-80
|
Residential 80
|
|
GPA
|
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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
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R-2b
|
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Two-family Dwellings
|
R-2.5
|
Residential 2.5
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|
GP4
|
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High-density
Residential
|
R-2.5
|
Residential 2.5
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|
R-3
|
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Low-density Low
Apartments
|
R-2.5
|
Residential 2.5
|
|
R-4
|
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Low Apartments
|
R-1.5
|
Residential 1.5
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|
R-4O
|
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Low Apartments/Admin.
Office
|
R-1.5
|
Residential 1.5
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R-5
|
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High Apartments
|
R-0.5
|
Residential 0.5
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R-5O
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High Apartments/Admin. Office
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R-0.5
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Residential 0.5
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R-6
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High Apartments Provisional
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R-0.3
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Residential 0.3
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Business/Commercial►►►
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(See Section 88-120)
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O
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Office
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O-2
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Office (dash 2)
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OM
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Medium-Intensity Office
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O-2
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Office (dash 2)
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CPO-1
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Planned Office
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O-2
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Office (dash 2)
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CPO-2
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Planned Office
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O-2
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Office (dash 2)
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GPO
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Office (General Planned)
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O-2
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Office (dash 2)
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C-1
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Neighborhood Retail Business
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B1-1
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Neighborhood Business 1 (dash 1)
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CP-1
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Planned Business Center
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B1-1
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Neighborhood Business 1 (dash 1)
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CP-2
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Planned Business Center
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B2-2
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Neighborhood Business 2 (dash 2)
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C-2
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Local Retail Business
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B3-2
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Community Business (dash 2)
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CP-3
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Planned Business Center
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B3-2
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Community Business (dash 2)
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GP-2
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General Transient Retail Business
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B3-3
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Community Business (dash 3)
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GP-3
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Regional Business (Gen. Planned)
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B3-3
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Community Business (dash 3)
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GPC
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Commercial (General Planned)
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B3-2
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Community Business (dash 2)
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C-3a1
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Intermediate Business
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B4-2
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Heavy Business/Commercial (dash 2)
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C-3a2
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Intermediate Business
|
B4-5
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Heavy Business/Commercial (dash 5)
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C-3b
|
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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
88-110-01-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.
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.
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-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.
|
|
|
|
|