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Legislation #: 001267 Introduction Date: 9/21/2000
Type: Ordinance Effective Date: 10/29/2000
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-42, Accessory uses permitted in districts R-1aa and R-1bb (low density), R-1a (medium density) and R-1b, and enacting in lieu thereof one new section of like number and subject matter.

Legislation History
DateMinutesDescription
9/21/2000

Prepare to Introduce

9/21/2000

Referred Planning, Zoning & Economic Development Committee

10/18/2000

Advance and Do Pass

10/19/2000

Passed


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ORDINANCE NO. 001267

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-42, Accessory uses permitted in districts R-1aa and R-1bb (low density), R-1a (medium density) and R-1b, and enacting in lieu thereof one new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-42, Accessory uses permitted in districts R-1aa and R-1bb (low density), R-1a (medium density) and R-1b, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 80_42. Accessory uses permitted in districts R_1aa and R_1bb (low density), R_1a

(medium density) and R_1b.

 

(a) General requirements. Accessory uses permitted in districts R_1aa, R_1bb, R_1a and R_1b shall:

 

(1) Be located upon the same lot with a principal use unless otherwise set forth in this chapter.

 

(2) Be subordinate to the principal use and be a use or activity which is customarily incidental to the principal use.

 

(3) Not materially or substantially change or alter the character of activity of the principal use it serves.

 

(4) Include no use which is unrelated to a residential use unless otherwise defined by this chapter as a permitted home occupation.

 

(b) Yards, setbacks, building size and screening. The following are general yard requirements governing any accessory building or structure authorized under this section, which may be modified by the special requirements listed in this section:

 

(1) Setback requirements for accessory buildings and structures.

 

a. There shall be a front yard setback of at least 60 feet from the front property line.

 

b. There shall be a rear yard setback of at least four feet from any rear property line, except:

 

1. Pools shall be set back at least ten feet from any rear property line.


2. Private stables for animals shall be set back at least 30 feet.

 

c. There shall be a setback of at least two feet from any side line, except that pools shall be set back at least ten feet from any side line.

 

d. There shall be a setback of at least 15 feet from a side street line.

 

e. There shall be a setback of at least ten feet from the principal building.

 

f. There shall be a setback of at least 20 feet from a building on an adjoining lot occupied and used exclusively as a private residence.

 

(2) Height requirement for accessory buildings and structures. The maximum allowable height shall not exceed ten feet, except that a private garage or servants' quarters may be erected to a height not to exceed 16 feet.

 

(3) Allowable size of accessory buildings and structures.

 

a. The maximum allowable size shall not exceed 200 square feet, except that a private garage or servants' quarters may be erected to a maximum size of 800 square feet.

 

b. The area occupied by all accessory buildings and structures in a rear yard shall be limited to 40 percent of the area of the rear yard.

 

(4) Screening requirement.

 

a. Accessory buildings and structures, except for those structures as set forth in subsection (c) of this section, shall be screened from any public street. Screening shall be at least six feet high and may be either a fence, shrubbery or some combination of natural plants and trees. Screening shall be installed to allow for an open area not to exceed 40 percent. It is not the intent of screening to prohibit the use of any allowable accessory use or structure.

 

b. Pools with a depth of greater than two feet shall be enclosed by a protective fence of at least four feet in height. Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a responsible person.

 

(5) Variances. The provisions contained in this section may be varied by the board of zoning adjustment in accord with section 80_300(a).

 

(6) Exceptions. The following uses or areas are excepted from the requirements set forth in subsections (b)(1) through (4) of this section:

a. Districts R_3 and R_4.

 

b. Community unit projects.

 

c. Group housing projects.

 

d. Planned districts.

 

e. Any use associated with general farming as outlined in section 80_50 or identified in section 80_41(3)a.

 

f. Swing sets, sand boxes, basketball goals, children's playhouses under 50 square feet in area, tree houses under 50 square feet in area, composting bins under 50 square feet in area and similar uses.

 

(c) Accessory uses on land. Accessory uses on the land in district R_1 shall be permitted as follows:

 

(1) Private garage or servants' quarters:

 

a. If serving two lots, the garage may be built across the side or rear line, and where an alley abuts a side or rear lot line the garage may be built on the alley line.

 

b. A terrace garage may be allowed in a front or side yard forward of the building line, provided it is completely recessed into the terrace, and the height of the terrace is sufficient to cover and conceal the structure from above. The front of the terrace garage shall be at least four feet from the front property line, and all doors, when open, shall not project beyond the property line.

 

c. The servants' quarters shall be occupied only by servants working on the premises and members of their immediate family.

 

d. When built as an integral part of the main building, a private garage or servants' quarters shall be subject to the yard regulations affecting the main building.

 

e. A private garage or servants' quarters shall be subject to the yard requirements of subsection (b) of this section.

 

(2) Community garages, with or without facilities for washing cars, provided the following conditions are met:

 

a. Access thereto, if from the street, shall be by not more than one driveway.

 

b. Such garage shall be at least six feet from any interior lot line and shall be set back from any street line a distance at least ten feet greater than would be required for a residence building on the same lot.

 

c. A community garage shall not be over one story or 16 feet in height.

 

d. No commercial vehicle shall be housed in a community garage.

 

(3) A private stable for animals. See section 14_12 for additional restrictions on this accessory use.

 

(4) Recreation and service buildings in a public park or playground.

 

(5) Temporary buildings, such as real estate offices, contractors' sheds and buildings of like character, which will be permitted during construction of buildings or sale of property, but not to exceed two years, upon approval of the director of codes administration.

 

(6) Signs as follows: No billboard, signboard, advertising sign or window display, except as provided in this subsection, shall be permitted as an accessory use in this district.

 

a. The placing of an unilluminated "for sale," "for rent" or "for lease" sign, not more than eight square feet in area, will be permitted as an accessory use.

 

b. Uses of land as designated in section 80_41(3)a, when requiring approval of the board of zoning adjustment, may provide one sign only to identify the use on the premises, subject to the following conditions and the approval of the board of zoning adjustment:

 

1. The size and design of the identification sign shall conform to the architectural design of the structure identified, the size of the structure identified, and the size and topography of the lot on which the sign is located, but in no case may such sign exceed 40 square feet in area.

 

2. The size and location of the sign shall be indicated on plans required by the board of zoning adjustment for consideration of the conditional use. Two copies of a plan showing elevations of the sign, properly dimensioned, shall also be furnished the board of zoning adjustment.

 

3. The identification sign may be lighted only if by indirect lighting or a shaded light; however, the sign shall not include digital equipment displays or audio visual displays, including, without limitation, time and temperature displays, or revolving, moving or blinking message center displays.

 

4. The board may impose additional restrictions, terms and conditions governing setback, height, design and other appropriate safeguards as may be in harmony with the purpose and intent of this chapter.

 

c. Churches and other institutions as designated in section 80_41(3)a, where not requiring approval of the board of zoning adjustment, may display unilluminated bulletin boards not more than 25 square feet in size, showing names, activities and services therein provided. The bulletin boards may be lighted only if by indirect lighting or a shaded light; however, the sign shall not include digital equipment displays or audio visual displays, including, without limitation, time and temperature displays, or revolving, moving or blinking message center displays.

 

d. During the construction of a building, one unilluminated sign advertising the contractors, architects, engineers or technicians and owner of such building shall be permitted, provided such sign shall not be more than 16 square feet in area, and this sign shall be removed immediately upon completion of the building.

 

e. Where subdivisions are being developed, unilluminated signs advertising the subdivision, not exceeding 60 square feet and not extending more than seven feet above the ground, shall be permitted when spaced more than 1,000 feet apart within the same subdivision. These signs shall be removed immediately upon the completed development of the subdivision, or not to exceed three years. The sign shall maintain the front yard requirements of the district.

 

(d) Accessory uses in building or structure. Specific accessory uses permitted in a building or structure in district R_1 include but are not limited to:

 

(1) Family_like day care of children for any part of the 24_hour day, for which compensation is received, which shall be limited to no more than two children; provided that the main use of the premises is as a dwelling place, that no sign is displayed, that there is no exterior evidence of the day care service, and that the day care service is conducted only by members of a family residing in the dwelling. For purposes of this subsection, child care shall not include the boarding and lodging of children. The limitation of two children may be waived by the director of codes administration to permit the care of no more than six children if affidavits of consent are submitted to the director of codes administration by all owners of all property immediately adjacent and contiguous to the subject property. However, if affidavits of consent are not received from all property owners the matter may be appealed to the board of zoning adjustment. The board shall have the authority to vary the waiver requirement after a public hearing on the matter. Waiver of the limitation of two children shall be required if there is a change of operator of the family_like day care.

 

(2) Home occupations, as defined in section 80_20, subject to the following conditions:

 

a. A home occupation shall be located in the dwelling and carried on only by members of the immediate family of the person occupying such dwelling as his or her private residence.

 

b. There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

 

c. There shall be no exterior indication of the home occupation.

 

d. One unilluminated nameplate not exceeding 80 square inches may be displayed. The nameplate may carry only the name and occupation of the resident.

 

e. No home occupation, and no storage of goods, materials or products connected with a home occupation, shall be allowed in any accessory building or structure.

 

f. Merchandise shall not be displayed or offered for sale either within or outside the residence.

 

g. No activity shall produce any noxious matter or odor, nor shall there be any perceptible noise beyond the lot line.

 

h. No sales are permitted on the site.

 

(3) The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage; provided no window or other display or sign is used to advertise such use; and provided that the lodger or boarder lives in common with the family, sharing a common entrance, kitchen facilities and living areas.

 

(4) Newsstands or refreshment stands or restaurants in connection with a railroad passenger station.

 

Section 2. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney