The Consolidated Use Table (CUT) is a table created and updated by City staff for the convenience of the public. The CUT includes use tables for all zoning districts and cross-references to standards. The CUT shall be revised upon the passage of any ordinance revising any use or other information contained within this table. In the case of any discrepancy between the CUT and those use tables within the 100 Series Base Zoning Districts, the latter shall prevail.

(Ord. No. 160759, § 1, 10-20-2016)

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."

The provisions of this zoning and development code originally became effective on January 1, 2011, except for 88-405 which became effective on February 14, 2009, and 88-445 which became effective on May 31, 2009. Any amendment thereto shall be effective in accordance with the City Charter or pursuant to the specific terms of the ordinance enacting said amendment.

(Ord. No. 151050, § 1, 2-25-2016)

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 City's 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 city's 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 and sustainable development practices;

88-10-05-L. promoting development patterns and practices that support active living and uses that support improved public health;

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

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

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

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

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

(Ord. No. 120697, § 1, 8-23-2012)

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 code's 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-Webster's 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 city's geographic information system (GIS) under the direction of the city planning and development director. This "Zoning" geographic coverage layer constitutes the City of Kansas City's official zoning map. The official zoning map—together 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.

88-25-01-A. Site-specific development plans approved after January 1, 2006, and before January 1, 2016, will remain valid until January 1, 2018, unless a phasing plan or different lapse of approval date was approved at the time the site-specific development plan received final approval. Plans that remain in effect shall follow provisions of this code, as follows. For an amendment to a Chapter 80 plan, a development plan must be submitted per 88-516 and 88-517. For a final plan required under Chapter 80, a project plan application must be submitted per 88-516 and 88-518.

88-25-01-B. For purposes of this section, "site-specific development plans" are plans or plats submitted by a landowner or an 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, development plans, or other similar plans, as determined by the city planning and development director.

(Ord. No. 151050, § 1, 2-25-2016)

If this code is amended, and 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 prosecuting and collecting penalties for violations that occurred before the effective date of the amended ordinance.

(Ord. No. 151050, § 1, 2-25-2016)

88-25-03-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 and has been in continuous use since that date, such use will be considered a lawfully established special use.

88-25-03-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 if in continuous use after the effective date of such amendment.

88-25-03-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 88-610.

(Ord. No. 160341, § 1, 5-12-2016)

88-25-04-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; 31 ^st Street on the south; and the Paseo on east:

88-25-04-B. OTHER AREAS

Except as expressly stated for the downtown area in 88-25-04-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 160341, § 1, 5-12-2016; Ord. No. 170360, § 1, 6-15-2017; Ord. No. 180027, § A, 3-1-2018)