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Legislation #: 910687 Introduction Date: 5/30/1991
Type: Ordinance Effective Date: 10/11/1992
Sponsor: COUNCILMEMBER SWOPE AND COUNCILMEMBER BLACKWOOD
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.190, District M-2 (Heavy Industry) and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
5/30/1991

Prepare to Introduce

5/30/1991

Referred Plans And Zoning Committee

6/5/1991

Referred To Department City Plan Commission

6/26/1991

Hold Off Agenda

7/8/1991

Advertise

7/24/1991

Hold On Agenda

7/31/1991

Hold Off Agenda

9/23/1992

Hold On Agenda

9/30/1992

Advance and Do Pass as a Committee Substitute

10/1/1992

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910687

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.190, District M-2 (Heavy Industry) and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 39.190, District M-2 (Heavy Industry) and enacting in lieu thereof a new section of like number and subject matter to read as follow:

 

Section 39.190. District M-2 - Heavy Industry.

 

I. USE REGULATIONS.

 

District M-2 is divided into two subdistricts, M-2a and M-2b. The distinction between the two districts is as to the uses hereafter provided. No building or land shall be used and no building shall be erected for any purpose other than one of the following uses:

 

A. PERMITTED USES WITH EXCEPTIONS.

 

1. Any use permitted in District M-1 except that no

building or structure shall be erected in District

M-2b to be used for residential purposes and no

existing building or structure shall be converted

for additional dwelling units, except hotels,

provided that a building or structure to be used as

a dwelling for caretakers or guards or any business

or industrial establishment shall be permitted.

 

2. A transfer station and/or a solid waste separation

facility shall be permitted in District M-2 subject

to the following conditions:

 

a. All activity shall be conducted within a

building enclosed with roofs and walls.

 

b. All materials shall be stored within a

building enclosed with roofs and walls.

 

c. All access shall be from a major thoroughfare.

 

d. An eight (8) foot solid fence shall be erected

ten (10) feet from the property line.

 

e. No transfer station or solid waste separation

facility shall be permitted within a

regulatory floodplain defined by the Official

Floodplain Document, Chapter 40, Code of

General Ordinances.

 

B. ANIMAL RELATED ACTIVITIES.

 

1. Animal burial grounds.

 

2. Animal refuges.

 

C. CHEMICAL PROCESSING.

 

1. Ammonia, bleaching powder or other chemical plans,

other than those listed in District M-3.

 

2. Assaying.

 

3. Reclamation of chemicals, other than acids or

radioactive materials; provided the operation is

conducted entirely within a building completely

enclosed within walls and roof, or some other

structure approved by the Director of Health and

the Codes Administrator and that, for any chemical

regulated by the United States Environmental

Protection agency pursuant to the authority granted

by Section 6 of the Toxic Substances Control Act

(15 U.S.C. 2605), the nearest point of the

building or structure must be located at least

three hundred (300) feet from any residentially

zoned property, or any dwelling unit, whether

vacant or occupied, in existence and not abandoned

as of the date of application for a zoning

clearance certificate. For the purpose of this

subsection, the term reclamation shall also include

the destruction, detoxification and recycling of

chemicals and the term acids shall mean any acid

whose pH is equal to or below 2.0.

 

4. Reducing or refining aluminum, copper, tin or zinc.

 

D. CONSTRUCTION RELATED ACTIVITIES.

 

1. Asphalt mixing plant.

 

2. Concrete mixing plant.

 

E. FOUNDRIES.

 

1. Brass, bronze or aluminum.

 

2. Iron or steel.

 

F. MANUFACTURING.

 

1. Any manufacturing use not heretofore enumerated nor

included in District M-3.

 

2. Any manufacturing use heretofore conditionally

permitted is permitted without conditions.

 

G. MILLS.

 

1. Blooming or rolling.

 

2. Cider.

 

3. Feed and flour.

 

4. Lumber, power saw or planing.

 

5. Steel.

 

6. Wire.

 

H. PROCESSING.

 

1. Coal distillation, including manufacture or

derivation of by-products.

 

2. Coke ovens.

 

3. Enameling.

 

4. Sugar refining.

 

5. Tanning or curing of rawhides or skins.

 

6. Tar distillation.

 

7. Wood distillation.

 

8. Wool scouring.

 

I. RAILROAD RELATED ACTIVITY.

 

J. STORAGE OF

 

1. Butane, gasoline, petroleum, or propane.

 

2. Hides and skins.

 

3. Iron, tin, junk, paper and rags; provided all

storage is carried on within a building completely

enclosed with walls and roof or within a yard,

enclosed on all sides, except on a side or portion

of a side abutting a building, by a wall or a

cyclone-type fence, at least eight (8) feet high.

The Board of Zoning Adjustment may modify the above

requirements where a railroad track adjoins or

enters the property. There shall be only one (1)

opening in the wall or fence facing any public

street or alley, for each two hundred (200) feet of

length. The opening shall not exceed twelve (12)

feet in width, and shall be provided with a gate or

door which must be kept closed whenever the

establishment is closed for business. The nearest

point of the property shall be at least three

hundred fifty (350) feet distant from the boundary

of any residentially or commercially zoned

district.

 

K. WASTE PROCESSING, provided that each of the following is conducted within a building completely enclosed with

walls and roof or within a yard, enclosed on all sides,

except on a side or portion of a side abutting a

building, by a wall or a cyclone-type fence at least

eight (8) feet high. The Board of Zoning Adjustment may

modify the above requirements where a railroad track

adjoins or enters the property. There shall be only one

(1) opening in the wall or fence facing any public street

or alley for each two hundred (200) feet of length. The

opening shall not exceed twelve (12) feet in width and

shall be provided with a gate or door which must be kept

closed whenever the establishment is closed for business.

Unless the operation is conducted entirely within a

building enclosed with roofs and walls, the nearest point

of the property shall be at least three hundred fifty

(350) feet distant from the boundary of any residentially

or commercially zoned district.

 

1. Auto wrecking.

 

2. Junk handling (yard).

 

L. MISCELLANEOUS.

 

1. Central station light or power plants.

 

2. Fish packing.

 

3. Grain elevators.

 

4. Ore docks.

 

5. Power forges.

 

6. Rock crushing and quarrying, including but not

limited to the removal, screening, crushing,

washing or storage of ore, sand, clay, stone,

gravel, or similar materials may be allowed as a

special use permit by the City Council after public

hearing and recommendation of the City Plan Commis-

sion, subject to the following conditions:

 

a. Mines or quarry operations shall be located

abutting or adjacent to secondary or primary

arterial streets capable of handling the

expected highway loads of heavy vehicular

traffic.

 

b. All above ground mine or quarry activity shall

be located so as to minimize the adverse

impact upon surrounding properties.

 

The City Council may impose such conditions as to

operation, site development, signs, times of

operation or any other matter as may be deemed

necessary in order that such use shall not

materially injure or curtail the appropriate use of

neighboring property, shall not jeopardize the

public health, safety and welfare, and does not

violate the general spirit or intent of the zoning

ordinance of this section. The special use permit

may be revoked at any time by the City Council upon

notice to the permit holder and after a hearing

before the City Council when violations of any

provision of the Code of General Ordinances has

occurred. This provision shall not limit the City

Council from pursuing any other remedies available

under the law.

 

7. Salt works.

 

8. Stonecutting.

 

M. CUSTOMARY ACCESSORY USES.

 

 

II. HEIGHT, YARD, AND AREA REGULATIONS.

 

In District M-2, the height of buildings, minimum dimensions of lots and yards, and the minimum lot area per family permitted upon any lot shall be as follows, provided that buildings erected for dwelling purposes exclusively, shall comply with the front, side and rear yard requirements of District R-4:

 

A. HEIGHT.

 

Building or structures shall not exceed twelve (12)

stories and shall not exceed one hundred twenty (120)

feet in height.

 

B. FRONT YARDS.

 

Same as for District M-1.

 

C. SIDE YARDS.

 

Same as for District M-1.

 

D. REAR YARDS.

 

Same as for District M-1.

 

E. LOT AREA.

 

Same as for District M-1.

 

III. PARKING AND LOADING REGULATIONS.

 

As provided for in Sections 39.444 and 39.445.

 

 

Section B. 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 39, Code of General 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