COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 031154
Amending Section 80-446,
Auxiliary parking, to eliminate the requirement of Board of Zoning Adjustment
approval of parking already approved in a plan, and changing the requirements
regarding distance between the parking lot and the business district.
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 80-446, Auxiliary parking, and enacting in lieu
thereof a new section of like number and subject matter, to read as follows:
Sec. 80-446. Auxiliary
parking.
(a) Customer-employee
parking.
(1) The board of zoning adjustment
may permit, as an auxiliary use for customers and employees of neighboring
business establishments, a parking area for passenger automobiles only, on a
lot or lots in R-3, R-4, R-4-O, R-5, R-5-O and R-6 districts, a portion of
which lot or lots is within 500 feet of a business or industrial district;
provided such parking area is developed as follows:
a. Such area shall be
paved and shall be properly enclosed with a fence, wall or other suitable enclosure
to be determined by the board of zoning adjustment, having a height of not less
than four feet. Such fence, wall or enclosure shall be maintained in good
condition and observe the front yard requirements of the district in which it
is located. No parking shall be permitted within six feet of an adjoining lot
in a residential district, or, on a corner lot, within six feet of the side
street property line. The six-foot restriction or front yard requirement may be
modified by the board of zoning adjustment in unusual and justifiable
situations or circumstances.
b. Any lights used to
illuminate the parking area shall be so arranged as to reflect the light away
from any adjoining premises in a residential district.
c. Signs, as may be
permitted by the board to identify the parking area, shall be limited to not
more than 12 square feet in area and shall not exceed six feet in height, but
may be reduced in size and height at the direction of the board. Such signs may
show only the hours in which the parking lot is open and the persons authorized
to use the parking area.
d. In the interest of
traffic control and providing off-street parking in congested neighborhoods,
the owner of such auxiliary parking areas may, upon approval of the board, make
arrangements for the use thereof when not needed for the
auxiliary
use specified in this section; and such owner may charge a fee therefor,
provided such fee is not collected on such area and provided any advertising
signs relating to such fees are located on or adjacent to such area. Notwithstanding
such fee arrangements, such area shall not be considered to be a commercial
parking station.
e. The board of zoning
adjustment shall place such additional restrictions or conditions as deemed
necessary by the board for the protection of neighboring property, in harmony
with the purpose and intent of this chapter.
(2) The board of zoning adjustment
may permit, as an auxiliary use for customers and employees of neighboring
business establishments a multilevel parking structure, in an R-5, R-5-O or R-6
district, or portion of which structure is within 500 feet of a business or
industrial district, provided such parking structure complies with the
following:
a. The structure shall maintain the same
setback from the street as required for any residential structure in the
district.
b. The setback for the
rear yard shall be at least 25 percent of the depth of the lot but need not be
more than 25 feet.
c. The setback for the
side yard shall be the same as required for residential structures in this
district.
d. The height shall
not exceed three stories and shall not exceed 45 feet.
e. The yards shall be
suitably landscaped and well maintained.
f. Any lights used to
illuminate the parking structure shall be so arranged as to reflect the light
away from any adjoining premises in the residential district.
g. The provision for
signs and arrangement for fee parking shall be permitted upon the same basis as
set forth in subsections (a)(1)c and d of this section.
(b) Residential,
church or nonprofit use parking.
(1) The board of zoning adjustment
may permit, as an auxiliary use of residential uses, church uses or nonprofit
uses, such as community centers, schools or private clubs, a parking area for
passenger vehicles only, on a lot or lots in an R-1, R-2 or R-3 district, which
lot or lots so put to such auxiliary use adjoin or are opposite across the
street or alley from the use to be served; or permit the same use in R-4,
R-4-O, R-5, R-5-O and R-6 districts, a portion of which lot or lots is within
500 feet of the lot to be served; provided such parking area is developed as
provided in subsections (a)(1)a through e of this section.
(2) The board of zoning adjustment
may permit the use of a parking lot of a church or other nonprofit
organization, which lot is in an R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6
district, and which lot abuts or adjoins or is opposite or across a street or
alley from a business or industrial district, for the storage of passenger cars
only from an adjoining commercially operated parking area in the business or
industrial district, at only such time as the parking area is not required for
its use for parking for the church or nonprofit organization; provided that the
parking lot conforms to all conditions as set forth in subsections (a)(1)a
through e of this section, and further provided that no fees are collected and
no advertising signs are located within the residentially zoned area. The board
of zoning adjustment shall place such additional restrictions or conditions
such as side yard setback, location and widths of entrances and exits, and
appropriate landscaping or other restrictions as deemed necessary by the board
for the protection of neighboring property, in harmony with the purpose and
intent of this chapter.
(c) Any
auxiliary lot that conforms to the requirements of (a) or (b) of this section
and which has been approved by the City Plan Commission under Sections 80-270,
Community Unit Projects, (d) Final Plan; 80-271, Limited districts, (f) Final
Plan; 80-280, Final plans and failure to commence construction after approval
of planned district; and 80-260, Group housing projects, (d) Final Plan, shall
be allowed without the approval of the Board of Zoning Adjustment. Under this
subsection, the Commission shall have the authority given to the Board in
subsections (a) or (b).
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:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney