Zoning and Development Code

On June 10, 2010 the City Council passed two ordinances revising the Zoning and Development Code:

Ordinance 100394 CS represents policy and administrative revisions identified during the first "Six-Month Review". This is the first major amendment to Chapter 88, the Zoning and Development Code, since its passage in May of 2009.

Ordinance 100299 CS further amends Chapter 88 to enable urban agriculture. With adoption of the City’s Climate Protection Plan in 2008, Kansas City committed to being a Green City. That plan included recommendations to promote residential neighborhood food production. Benefits include reuse of underutilized space in the city, provision of healthy food to residents, employment and training of youth in green collar jobs, reduction in transportation for food, and environmental health. While the ordinance allows residents to sell their produce, regulations are intended to protect neighborhoods. Refer to the ordinance for details.

Effective Date

The new Zoning and Development Code became optional for use December 1, 2009. Most recently, with passage of CS Ordinance 100426, the mandatory effective date has been postponed, from June 1 of this year, to January 1, 2011. The additional transition period will allow staff to complete a list of items intended to facilitate implementation of the new code. Further, the additional seven months will allow additional time for projects to be submitted to "test" the new code.

On-Going Assessment and Revision

During the approval process, staff committed to period assessments and revisions of the code so that it remains a viable and functional tool. Rather than process revisions to the code on a constant basis, the intention is to bundle these and present them for review on a semi-annual or annual basis.
For more information on implementation of the Zoning and Development Code, contact:

Patty Noll - Project Manager, Zoning Ordinance & Subdivision Regulations Revision
City Planning & Development Department
City of Kansas City Missouri
414 E. 12th St., 15th floor
Kansas City, MO 64106
(816) 513-2864 direct line; (816) 513-2838 fax
Patty_Noll@kcmo.org

Orientation for the new development code offered to the public

Friday, March 5, 2010
8:30 a.m. to 12 p.m.
Discovery Center Auditorium
4750 Troost Avenue, Kansas City

The new code became available for use on December 1, 2009, and its use becomes mandatory June 1, 2010. On March 5, staff will orient attendees to use of the new code and explain the review process. Please let us know if you plan to attend by contacting Patty Noll at 816-513-2864 or Patty_Noll@kcmo.org

For an overview of the new code, please view the draft PowerPoint presentation.

City Council approves Zoning and Development Code

On May 21, 2009, the City Council passed Ordinance 081033, approving the Zoning and Development Code.

The signage section 88-445 becomes effective June 1, 2009.
Other sections -- 88-410 (Open Space Developments and Conservation Developments) and 88-415 (Stream Buffers) became effective on February 14, 2009, within Chapter 65.
The remainder of the code becomes "voluntarily" effective on December 1, 2009. On this date and for six months thereafter, an applicant may choose to proceed wholely under either the current code or the new code.
The new code becomes mandatory on June 1, 2010, one year after council passage.

For further information, contact Patty Noll, Project Manager at (816) 513-2846 or Patty_Noll@kcmo.org

Zoning district conversion and maps

In conjunction with the new code, existing zoning classifications are combined and converted to new classifications. Zoning boundaries will not change. To view the conversion chart, go to Section 88-25-07 of the code. To view the maps, click on this link: http://www.kcmo.org/CKCMO/Maps/index.htm

Select "online mapping"
Click on box "accept disclaimer"
Select "go to the map"
Zoom in to area you wish to view
Expand "land use" box
Check the four zoning boxes (to view current and proposed zoning)

Note: As some of the proposed zoning labels are small, one must zoom in close to view them.

Council passes Kansas City's first Stream Buffer Ordinance

A major component of the new code is the stream buffer ordinance, Ordinance 080736 passed by Council on Aug. 21, 2008. The stream buffer ordinance will require certain new development to maintain a buffer to a stream. The ordinance sets out streamside, middle, and outer zones. The buffer not only reduces the amount of stormwater entering the creek, but also filters what does enter. Maintaining the proper distance from the stream reduces erosion and expensive repairs to infrastructure that often are funded by PIAC.

Creation of a stream buffer ordinance has been recommended and supported by the Stream Asset Inventory, the MARC Natural Resource Inventory, the Wet Weather Solutions Program, the Wet Weather Community Panel, Environmental Management Commission, KC One, and the Green Solutions position paper.

Riparian buffers provide direct public and environmental benefits by stabilizing streams, separating people and structures from flood hazards, protecting public infrastructure from damage, and improving water quality. Indirect benefits include habitat preservation, recreational opportunities, public amenities, and increased property values. The 2005 Stream Asset Inventory concluded that the best streams in Kansas City are those in which mature trees remain.

The City Plan Commission on Feb. 5, 2008, recommended approval of a stream buffer ordinance. On Nov. 20, 2007, the commission recommended approval of the Open Space and Conservation Development sections, enabling a development tool that accompanies the stream buffer ordinance.

On July 14, the City Council EPA Response Team recommended approval of a stream buffer ordinance with the following zones:

Streamside zone extending 25 ft. landward from edge of stream;
Middle zone extending landward from the outer edge of the streamside zone and encompassing the 100 year floodplain or 100 year conveyance and any wetlands;
Outer zone extending landward 75 ft. from the outer edge of the middle zone.
Additionally, when slopes in excess of 15 percent or areas of mature riparian vegetation* are contiguous with the middle zone boundary, the width of the outer zone is expanded as follows:
If the outer zone is set aside and protected as permanent open space, the maximum extent of the outer zone is 150 ft. as measured from the edge of the middle zone.
If a portion of the outer zone is to be developed to a maximum of 40 percent (or 50 percent using mitigation), the maximum extent of the outer zone is 250 ft.

* Mature riparian vegetation is defined as vegetation adjacent to a stream consisting predominantly of mature trees (10-inch diameter breast height or greater), where at least 50 percent of the mature trees are of riparian or bottomland species as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006)

The 25 ft. streamside zone and the 75 ft. minimum outer zone ensure that all streams as portrayed on the Kansas City Natural Resource Map have a minimum 100 ft. buffer as measured from edge of stream.

Allowable uses within zones:
While setting limitations certain uses within the zones, the ordinance sets forth allowable uses:

Streamside zone activity is limited to vegetation management; streambank stabilization; road, trail, and utility crossings and stormwater outfalls (designed per the City’s Standards, Specifications and Design Criteria). Stream access for fishing and wildlife viewing and trail overlook areas are allowed if incompliance with specifications and if they maintain the integrity of the stream buffer. In addition to trail crossings where necessary, certain trail encroachments may be permitted under certain conditions.
Middle zone activity includes that permitted in the streamside zone. Further, underground utility corridors that are fully vegetated and designed in accordance with city standards and paved and unpaved recreational trails for hiking and biking are allowed.
Outer zone activity includes those permitted in the streamside and middle zones. Also allowed are BMP’s as outlined in the Manual of Best Management Practices for Stormwater Quality, including stormwater management, BMP maintenance, stormwater discharge, and conservation development.

Conservation and Open Space Development Ordinance 080770:
The new code, through provision of a density bonus and reduction in lot size and setback requirements, encourages conservation development. Conservation development works well in allowing developers to comply with the stream buffer requirement. This promotes development in clusters, thereby reducing infrastructure and pavement. It allows residents to interact with nature in their communities, rather than causing its obliteration.

The conservation development option would allow developers to clear up to 40 percent of the outer zone (the buffer to the buffer) if they opt for conservation (low impact) development. Conservation development ensures that 60% of the outer zone of a stream buffer remains in its natural state - undisturbed and undeveloped. The open space tool requires that only 30 percent of the outer zone or other areas as designated by a plan, be set aside.
Use of conservation development for residential uses will allow a developer to comply with the stream buffer setback without losing density or number of units. The resulting open space is a valuable amenity to residents. It should be noted that a developer may opt for conservation development even if not affected by the stream buffer ordinance.

For residential conservation development, a density bonus of 20 percent may be achieved. For commercial development, required parking is reduced by 20 percent and building heights may be increased by 20 percent over otherwise applicable height limits.

In addition to the ability to clear up to 40 percent of the outer zone, a developer may use mitigation, which will allow clearing of an additional 10 percent of the outer zone if mitigation occurs adjacent to the outer zone.

Areas required to be undisturbed within the outer zone may not contain permanent buildings, structures, impervious cover, or active recreation facilities such as golf courses or athletic fields. Boundary markers will be put in place to mark the stream buffers before, during, and after construction. Fencing delineating the buffer must be installed prior to and maintained during construction. Permanent signs will be placed at the edge of permanent opens space after construction to denote the buffer.

The stream buffer sets forth a procedure for exceptions to be granted by the City Council in cases of unnecessary hardship. An implementation guide will be prepared to further assist developers and staff in using the ordinance.

Effective date and applicability:
As requested by the Council, these ordinances would become effective on Feb. 14, 2009. In certain cases where development plans and plats have previously been approved, new development may be exempt from compliance with the stream buffer ordinance. See Sec. 65-02 (d) for specific text. This was negotiated with the development community.Overview of development regulations
The City's first zoning ordinance was adopted in 1923, with only a few use and height categories. The document was revised in 1946 to add specific zoning districts and regulations. Further revision occurred in the late 1960s and early 1970s when "planned" zoning districts were added. Since then, revisions have primarily involved changes to categories and additions of certain sections, typically predicated by the need of a particular development. This piecemeal approach has produced roughly 40 zoning classifications and resulted in an awkward document, difficult for professionals and the public to interpret and use. Beginning in 1931, subdivision layout was governed by rules adopted by the City Plan Commission. In 1954, the first subdivision regulations were adopted. Many of these regulations still apply.Kansas City's first stream buffer ordinance, passed Aug. 21, 2008 and the Conservation and Open Space Development Ordinance are listed below.

080736 - stream buffer ordinance
080770 - conservation and open space developments ordinance