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Legislation #: 900778 Introduction Date: 12/6/1990
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WEBER
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.212, Conditional Uses - Limited Time and enacting in lieu thereof a new section of like number and subject matter to provide for landfills and other modifications. (254-S-94)

Legislation History
DateMinutesDescription
12/6/1990

Prepare to Introduce

12/6/1990

Referred Plans And Zoning Committee

12/12/1990

Referred To Department City Plan Commission

2/28/1991

Return From Department Plans And Zoning Committee

2/28/1991

Advertise

3/20/1991

Hold On Agenda

3/27/1991

Hold On Agenda

4/3/1991

Hold On Agenda

4/17/1991

Hold On Agenda

4/24/1991

Hold On Agenda Plans And Zoning Committee

5/1/1991

Hold On Agenda

5/8/1991

Hold Off Agenda

1/15/1992

Hold On Agenda

1/22/1992

Hold On Agenda

1/29/1992

Hold On Agenda

2/5/1992

Hold On Agenda

2/12/1992

Hold Off Agenda

2/13/1992

Called Out of Committee

2/20/1992

Assigned to Third Read Calendar

2/27/1992

Held on Docket

2/27/1992

Held on Docket

3/12/1992

Held off Docket

1/21/1993

Released


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 900778

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.212, Conditional Uses - Limited Time and enacting in lieu thereof a new section of like number and subject matter to provide for landfills and other modifications. (254-S-94)

 

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 39.212, Conditional Uses - Limited Time and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 39.212. Conditional Uses - Limited Time.

 

A. The conditional uses set forth in this Section shall comply with the height, yard, area and parking regulations of the use district in which such conditional uses are authorized, except as otherwise provided. Such conditional uses may be authorized by the Board of Zoning Adjustment for a limited time subject to the conditions and restrictions listed in this Subsection.

 

B. The following uses may be permitted in the districts designated, where otherwise not permitted, by permission of the Board of Zoning Adjustment on submittal of a plan by the applicant, provided that in the judgment of the Board, such use will not materially injure the appropriate uses of adjoining property, and will conform to the general intent and purpose of this Chapter, including the requirements for off-street parking and loading facilities, and only after a public hearing and after receiving the report and recommendation of the City Plan Commission; provided such recommendation shall not be required for carnivals, circuses, fiestas, street fairs, miniature cars and miniature trains.

 

The City Plan Commission shall report as to whether any use to be permitted under this Subsection is compatible with the plan for the development of the City used as a guide by the City Plan Commission of all matters referred to it. After a review of the plans, the City Plan Commission may make such recommendations for additional conditions as it may deem appropriate.

 

(1) CARNIVALS, CIRCUSES, FIESTAS AND STREET FAIRS, when

sponsored by religious, philanthropic or community

organizations for a specified limited time only in

Districts R-1, RA, R-2, R-3, R-4, R-5, C-1, C-2 and

C-3.

 

Carnivals and circuses are first allowed outright

in District M-1, Section 39.180 (See Sections 5.67

to 5.76, Code of General Ordinances, for additional

requirements for these uses).

 

(2) CHILDREN'S GROUP HOME FACILITY as a residential

facility for the care of children who, upon

completion of a course of treatment in a facility

which provides an extensive treatment program for

children with disabling emotional disturbances, in

need of an interim structured living situation to

allow for their resocialization and reintegration

into community living, or for a group of

developmentally disabled children in Districts R-1,

RA, R-2, R-3, GP-4, GP-5, GP-6, GP-7 and GP-8.

 

(Group Home Facilities are permitted outright

in District R-4, Section 39.080). A Group Home

Facility shall be subject to the following

conditions and restrictions:

 

(a) That the maximum number of persons in a

facility shall not exceed ten (10) children

and two (2) resident staff members.

 

(b) That the facility shall provide off-street

parking in the ratio of one (1) space per

every four (4) children and one (1) space per

every resident staff member.

 

(c) That the parking shall be adequately paved and

screened from adjoining properties.

 

(d) That the facility shall be a secondary

facility operated and maintained by a facility

which provides intensive treatment for

children with disabling emotional disturbances

or a contract facility wherein the children

remain under the jurisdiction of the County

juvenile system or the State Division of Youth

Services or a facility operated for

developmentally disabled.

 

(e) That the property shall have a minimum lot

area of 10,000 square feet.

 

(f) That there shall be a minimum building size of

two hundred fifty (250) square feet per

resident and resident staff.

 

(g) That there shall be no exterior evidence of

such a use and that there shall be no sign

advertising the nature of the use.

 

(h) That the facility shall not be used as a

residence for substance abusers or ex-

offenders.

 

(i) That at the time of original approval no

facility shall be located within one thousand

(1,000) feet of another such facility or of a

halfway house (Section 39.212.B.4), a

convalescent home, a children's nursery or a

group day care home; provided, however, that

the Board shall have the authority to waive

this requirement, provided that the facilities

are separated by a major thoroughfare,

railroad track, major waterway or other

comparable man-made or natural barrier.

 

(j) That the residential character of the

structure shall be maintained.

 

(k) That the applicant shall demonstrate that

there is not a negative impact on property

within five hundred (500) feet of the proposed

facility and that such facility will maintain

the residential character of the neighborhood.

 

(l) That the permit shall be limited to a two-year

period but may be renewed by the Board after a

public hearing; provided that in any request

for renewal the applicant shall demonstrate

that the character of the neighborhood has

been maintained, that there has been no

negative impact upon properties within five

hundred (500) feet, and the facility has been

maintained in accordance with the standards

established by Chapter 20, the Property

Maintenance Code.

 

(3) GUN CLUBS, SKEET OR TRAP SHOOTS AND TARGET AND

ARCHERY RANGES, when located on land at least two

(2) acres in size in Districts RA, M-1, M-2 and

M-3, for a period of five (5) years and renewable

by the Board after public hearing. (See Section

26.183, Code of General Ordinances, for regulations

concerning police permits for these uses.)

 

(4) HALFWAY HOUSES for the rehabilitation of drug

addicts, alcoholics, prisoners, or juvenile

delinquents considered substance abusers in any

district except R-1, GP-7, and GP-6, subject to the

following conditions:

 

(a) In districts R-2, R-3, R-4, R-4-O, R-5, R-5-O,

R-6, GP-5 and GP-4, one (1) parking space per

every four (4) residents including staff

residents; in all other districts one (1)

parking space per every ten (10) residents,

including staff residents.

 

(b) Paving and screening of the parking area as

required by Section 39.444.

 

(c) In Districts R-2 and R-3, minimum lot area of

10,000 square feet.

 

(d) In Districts R-2 and R-3, no more than twelve

(12) residents (including resident staff).

 

(e) In District R-4, R-4-O, and GP-5, seven

hundred (700) square feet of lot area per

resident; in districts R-5, R-5-O, R-6 and

GP-4, five hundred (500) square feet of lot

area per resident; in all other districts, no

minimum lot size required.

 

(f) No exterior evidence of such use and no sign

advertising such use.

 

(g) In Districts R-4, R-4-O, R-5, R-5-O, R-6, GP-5

and GP-4 there shall be a minimum building

size of two hundred fifty (250) square feet

per resident and resident staff; in all other

districts, one hundred (100) square feet of

floor per resident and resident staff.

 

(h) At the time of original approval, no facility

shall be located within one thousand (1,000)

feet of another such facility, or a group

home, or a convalescent center, or a

children's nursery or boarding home, or a

group day care home, if either facility is

located in any residential district (R-2, R-3,

R-4, R-4-O, R-5, R-6, GP-5 or GP-4); provided,

however, that the Board of Zoning Adjustment

shall have the authority to waive this

requirement if the facilities are separated by

a major thoroughfare, railroad track, major

waterway or other comparable man-made or

natural barrier.

 

(i) That the facility shall maintain the

residential character of the structure.

 

(j) The applicant shall demonstrate that there

shall be no negative impact on property within

five hundred (500) feet of the proposed

facility and that the residential character of

the neighborhood shall be maintained.

 

(k) The permit shall be limited to a two-year

period but may be renewed by the Board after a

public hearing; provided, however, at the time

of renewal, the applicant shall demonstrate

that the facility has not had a negative

impact on properties within five hundred (500)

feet, that the residential character of the

neighborhood has not be impaired, and that the

facility has complied with the provisions of

Chapter 20, the Property Maintenance Code.

 

(5) MINIATURE CARS AND MINIATURE TRAINS not operated

commercially in Districts R-1, RA and R-2 for a

period of five (5) years and renewable by the Board

after public hearing.

 

Miniature trains are first allowed outright in

District C-2, Section 65.140.

 

(6) OPEN-FACE QUARRIES, SAND OR GRAVEL PITS for the

purpose of removing, screening, crushing, washing,

or storage of clay, stone, gravel or similar

materials in District RA.

 

Rock-crushing and quarrying are allowed

outright in District M-2, Section 65.190.

Provision shall be made for the preservation or

restoration of the ground surface and cover and

such provision shall be shown on the plans

submitted to the Board.

 

Permit shall not exceed five (5) years but may

be renewed by the Board after public hearing.

 

(7) SANITARY LANDFILLS in Districts RA, M-2 and M-3,

for a period not to exceed five (5) years and

renewable by the Board after public hearing,

subject to the following conditions:

 

(a) A sanitary landfill is defined as a solid

waste disposal area which accepts commercial

and residential solid waste, all as such terms

are defined by Section 260.200, Revised

Statutes of Missouri, as amended, to 1990.

 

(b) The applicant shall submit an application to

the Board of Zoning Adjustment for approval of

such landfill; said application to contain

such information as established by the Board,

including but not limited to:

 

(1) Metes and bounds perimeter description

and ownerships of individual parcels with

legal descriptions, if applicable.

 

(2) Plan of the property drawn to scale of 1

inch equals 200 feet or greater showing

legal description, boundary of property,

boundary of proposed landfill, existing

topography with contours of 5 feet

intervals or less to NGVD, existing

easements and utilities, access, and

watercourses or drainage systems.

 

(3) Grading plan and cross-sections to

identify excavation below existing

topography as to NGVD planned and

ultimate height above existing contours

of proposed fill material and final cover

material, location of stockpiling of

dirt, location of berms, ponds and other

erosion control methods to eliminate

downstream siltation and control upstream

drainage.

 

(4) Phasing plan and method of operation by

location of cells, number of lifts and

height of each lift.

 

(5) Plan for control of leachate including

bedrock/subgrade soils compatibility,

collection, pumping, storage, transfer

system treatment disposal and monitoring

systems; and methods of assuring that

groundwater will not be contaminated.

 

(6) Plan for control of methane gas,

including, recovery, collection,

monitoring and disposal.

 

(7) Plan for re-use of property after

closure.

 

(8) Geological survey prepared by a geologist

with sample core drilling as required.

 

(9) Map identifying existing land uses within

one-half mile of the perimeter of the

property.

 

(10) Traffic study identifying truck traffic

and other vehicular traffic to and from

the site, streets to be used for such

traffic, peak hour trips and total trips

per day based on hours of operation.

 

(11) Method of operation of landfill including

types of waste, hours of operation; type

of slope liner design; length and width

of cover; and control of dust, odor,

noise, rodents and birds and control and

pick-up of litter and debris both on-site

and off-site.

 

(12) Landscape planting plan of the buffer

area.

 

(13) Letter or other communication from the

Federal Aviation Agency that no hazard

will be created for any air traffic

associated for any airport within the

jurisdiction of such Agency.

 

(14) Complete hydrogeologic study.

 

(15) Any other information necessary for a

determination as to the suitability of

the area as a sanitary landfill.

 

(c) Access to the landfill shall be from a major

thoroughfare on a surfaced access road. No

direct turning movements shall be allowed onto

the major thoroughfare except on the access

road.

 

(d) No landfill shall be permitted within a

regulatory floodplain as defined by the

Official Floodplain Document, Chapter 40, Code

of General Ordinances.

 

(e) The landfill operation shall be buffered by a

600 foot buffer area between the operation

area and perimeter boundaries of the property.

Such buffer shall be landscaped and graded to

visually block the operation of the landfill

prior to the acceptance of any solid waste.

 

(f) Upon request of the applicant, provision may

be made for a recycling recovery center within

the boundaries of the property, but not within

the buffer area; a reduction or manufacturing

facility to recycle materials shall not be

allowed unless the property is located in

Districts M-2 or M-3.

 

(g) Hazardous wastes are strictly prohibited in a

sanitary landfill.

 

(h) Any application approved by the Board of

Zoning Adjustment shall be subject to the

following conditions:

 

(1) The sanitary landfill shall be properly

protected from use by anyone other than

the applicant, or his authorized agent,

and it shall be the applicant's sole and

exclusive responsibility for maintenance

and care of the area used as a sanitary

landfill.

 

(2) All sanitary landfill shall be compacted

by the use of machines for this purpose

as required by law.

 

(3) The sanitary landfill shall be operated

so as not to violate any existing City

Ordinance, Missouri State Statutes, or

Federal laws relating to the health,

safety or general welfare of the

inhabitants of the City, and shall not

encroach upon the environment on any

waterways, atmospheric content or visual

phenomena, and shall be in harmony with

surrounding lands within the

neighborhood.

 

(i) Regulation and Inspections: The Director of

Codes Administration shall make rules and

regulations to carry out the purpose and

intent of this subsection.

 

(8) DEMOLITION DEBRIS LANDFILLS in any district of the

City subject to the following terms and conditions:

 

(a) A demolition debris landfill is defined as a

place designated for the disposal of used

building materials resulting from the

demolition, site clearance of waste materials

from the construction of buildings or

structures.

 

(b) Used building material is any and all material

requiring disposal resulting from the

demolition, site clearance, or construction of

buildings, but shall not include refuse,

trash, garbage or any other material

specifically designated in other Ordinances of

the City to be disposed of in any other type

landfill.

 

(c) The applicant shall subject an application to

the Board of Zoning Adjustment for approval of

such demolition debris landfill site; said

application to contain such information as

established by the Board, including, but not

limited to:

 

(1) Metes and bounds perimeter description

and ownerships of individual parcels with

legal descriptions.

 

(2) Plan of the property drawn to a scale of

1 inch - 100 feet or larger showing legal

description, boundary of property,

boundary of proposed fill, existing

topography with contour intervals of 5

feet or less to NGVD, existing easements,

access and any watercourses or drainage

systems.

 

(3) Grading plan and cross-sections to

identify ultimate height above existing

contours.

 

(4) Phasing plan, identification of fill

materials accepted and method of

operation including hours of operation.

 

(5) Any other information necessary for a

determination as to the suitability of

the area as a demolition debris landfill.

 

(d) The Director of Codes Administration shall

make rules and regulations to carry out the

purpose and intent of this subsection.

 

(e) Any such application approved by the Board of

Zoning Adjustment shall be subject to the

following conditions:

 

(1) The demolition landfill shall be properly

protected from use by anyone other than

the applicant and it shall be the

applicant's sole responsibility for

maintenance and care of the landfill

area.

 

(2) All demolition landfills shall be

compacted by the use of machines for this

purpose as the fill is introduced into

the landfill area.

 

(3) All demolition landfills shall be

operated so as not to violate any

existing City Ordinances, Missouri State

Statutes or Federal laws relating to the

health, safety or general welfare of the

inhabitants of the City, and shall not

encroach upon the environment by

encroachment on any waterways,

atmospheric content or visual phenomena,

and shall be in harmony with surrounding

lands within the neighborhood.

 

(4) At such time as the landfill reaches the

finished topography as approved the final

twelve (12) inches shall be earth cover

and shall be properly graded and seeded

by the applicant.

 

(f) The approval by the Board of Zoning Adjustment

shall be for a specified period of time to be

established by the Board but not to exceed

five (5) years from the date of approval.

Extensions of the specified period of time may

be granted upon application to and hearing by

the Board.

 

(g) The applicant shall cause to be recorded in

the proper county recorder's office approval

of all demolition landfills granted by the

Board and provide the Secretary of the Board

with the recording information.

 

(9) RIDING STABLES AND TRACKS, in Districts R-1, RA,

R-2, C-1, C-2, C-3, M-1, M-2 and M-3.

 

Pony rings are allowed in District CP-2,

Section 65.110 and District C-2, Section 65.140.

 

 

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