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Legislation #: 051459 Introduction Date: 12/1/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-111, Uses permitted in CP district, and enacting in lieu thereof one new section of like number and subject matter to permit drive-in restaurants.

Legislation History
DateMinutesDescription
11/29/2005 Filed by the Clerk's office
12/1/2005 Referred to Planning, Zoning & Economic Development Committee
1/4/2006 Advance and Do Pass as a Committee Substitute, Debate
1/5/2006 Passed as Substituted

View Attachments
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051459.pdf Authenticated 345K Authenticated
fs254s230, 231,232_ContinuedOnWord.doc Fact Sheet 40K Fact Sheet continued on Word
fs254s230,231,232.xls Fact Sheet 74K Fact Sheet on Excel
254S229, 254S230, 254S231,254S232_10_18_2005.doc Staff Report 881K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051459

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-111, Uses permitted in CP district, and enacting in lieu thereof one new section of like number and subject matter to permit drive-in restaurants.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-111, Uses permitted in CP district, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 80-111. Uses permitted in CP district.

 

In district CP, which is further divided into districts CP-1, CP-2 and CP-3, no building or land shall be used and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the following uses:

 

(1) Principal uses.

 

a. District CP-1 (neighborhood planned business center).

 

1. Artists' studios.

 

2. Bakery or pastry shops, retail only, employing not more than five persons on the premises.

 

3. Banks.

 

4. Barbershops or beauty shops.

 

5. Bicycle repair shop.

 

6. Book or stationery stores.

 

7. Candy stores.

 

8. Children's day nurseries and day care centers.

 

9. Churches.

 

10. Clinics, for people only.

 

11. Clothing or read-to-wear stores.

 

12. Commercial radio and television broadcasting stations and transmitting stations and towers.

 

13. Dancing schools.

 

14. Drugstores.

 

15. Dry goods or notion stores.

 

16. Dyeing, dry cleaning or laundry collection offices.

 

17. Electrical shops.

 

18. Fix-it radio or television repair shops.

 

19. Florists' or gift shops.

 

20. Furniture homes or stores.

 

21. Garages (storage) for motor vehicles (no body or fender work).

 

22. Grocery, fruit or vegetable stores.

 

23. Hardware stores.

 

24. Jewelry stores.

 

25. Libraries.

 

26. Media stores.

 

27. Meat markets or delicatessens.

 

28. Music studios.

 

29. Offices, including ticket offices for railroad, steamship, bus and aviation lines.

 

30. Package liquor stores, if they comply with chapter 10.

 

31. Photographic studios or shops.

 

32. Plumbing shops, no tinwork or outside storage permitted.

 

33. Public parking lots or stations for passenger cars or taxicabs.

 

34. Restaurants. The service of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants serving substantial quantities of food as contained in chapter 10.

 

35. Service stations, gasoline and oil, not including motor, body or fender repair work, and complying with the restrictions for such as given in chapter 18.

 

36. Shoe stores or shoe repair shops.

 

37. Stationary stores.

 

38. Tailor shops.

 

39. Video stores.

 

40. Other retail business activities of the character enumerated above not included in any other classifications.

 

b. District CP-2 local planned business center.

 

1. Any use permitted in district CP-1.

 

2. Adult media stores.

 

3. Auto laundries.

 

4. Automobile or trailer sales rooms.

 

5. Bakery or pastry shops, retail only.

 

6. Barbecue stands.

 

7. Bars and cocktail lounges, if they comply with chapter 10.

 

8. Billiard or pool halls and bowling alleys, if the nearest point of the property is more than 200 feet from the boundary of an R-1 to R-3 district, inclusive, unless the building is soundproofed and air conditioned.

 

9. Bus stations.

 

10. Business or commercial schools.

 

11. Cat and dog hospitals, when in a soundproof and air conditioned building without outside pens. No smoke or odor caused by the operation of this facility shall be perceptible at the boundaries of the premises. Performance of activities of the cat and dog hospital shall not create noise outside the soundproofed building in excess of that of normal daily traffic measured at the lot line.

 

12. Commercial photography.

 

13. Country club houses or private clubs subject to meeting all of the conditions and restrictions as provided in district R-1.

 

14. Dyeing and dry cleaning plants and shirt laundry services employing not over a total of ten production employees on the premises in any 24-hour period, exclusive of office and retail service personnel and delivery motor vehicle operators. Dry cleaning machinery having not more than a total capacity of 50 pounds may be used. Laundry washing equipment for shirt laundry service having not more than a total capacity of 100 pounds may be used. No dust, lint, noise, vibration or odor generated by the plant operation shall be perceptible from any adjoining premises. Only nonflammable, non explosive synthetic solvents shall be used.

 

15. Frozen food lockers for individual or family use.

 

16. Garages (public) for general motor or body repair work, provided the nearest point of the structure is more than 200 feet from the boundary of an R-1 to R-3 district, inclusive, and provided all work is done within the building. The city plan commission may recommend and the city council may permit garages for general motor or body repair work where shown on preliminary plans presented within less than 200 feet of the boundary of an R-1 to R-3 district, inclusive, provided the minimum yard requirements of this district are met and where topographic conditions are such that the garage is below the established grade of the nearest streets and no wall facing the periphery of the CP district other than a parapet wall extending not more than three feet above the finished grade or roof of the building shall be exposed above the ground level. All access to the garage shall be from within the interior of the CP district.

 

17. Ice cream stores.

 

18. Job printing, newspapers, lithographing and publishing, less than a total of five horsepower.

 

19. Launderettes, washaterias, or self-service laundries.

 

20. Loan and finance companies.

 

21. Nightclubs or taverns, if they comply with chapter 10.

 

22. Office buildings.

 

23. Package liquor stores, if they comply with chapter 10.

 

24. Pet shops, if entirely within a building.

 

25. Pony rings, provided the animals are stabled outside of the development, and when in connection with a day nursery.

 

26. Public parking stations for commercial delivery cars not exceeding three-quarter ton.

 

27. Service stations, gasoline and oil.

 

28. Short-term loan establishments provided that signage shall conform to Section 80-110(g)(5) and shall be further limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed.

 

29. Telephone exchanges.

 

30. Theaters and picture shows, other than drive-in.

 

31. Tire and battery shops.

 

32. Tourist courts and motels.

 

33. Wholesale sales offices and sample rooms.

 

c. District CP-3 (regional planned business center):

 

1. Any use permitted in district CP-2.

 

2. Adult motion picture theaters.

 

3. Battery stations.

 

4. Diaper service.

 

5. Drive-in businesses, exclusive of restaurants, where persons are served in automobiles, such as refreshment stands, food stores and the like, provided that any building parking stall, menu board, or drive-through window shall be no less than 100 feet from the boundary of a residentially zoned (R-1 to R-3, inclusive) property; and further provided that for a drive in restaurant, the separation may be reduced to 50 feet upon approval of a plan portraying adequate screening, landscaping, berming, or other buffering.

 

6. Dyeing and dry cleaning plants and shirt laundry services employing not over a total of 15 production employees on the premises in any 24-hour period, exclusive of office and retail service personnel and delivery motor vehicle operators and when conforming otherwise to all other conditions and restrictions as provided for such used in district CP-2.

 

7. Garages, public, for general motor or body repair work, provided the nearest point of the structure is more than 100 feet from the boundary of an R-1 to R-3 district, inclusive, and provided all work is done within the building. The city plan commission may recommend and the city council may permit garages for general motor or body repair work where shown on preliminary plans presented within less than 100 feet of the boundary of an R-1 to R-3 district, inclusive, under the same conditions and restrictions as provided for such uses in district CP-2.

 

8. Hotels, when located to complement and serve a dominant regional activity or focal point, including but not limited to airports, sports complex and similar activities. Such focal points shall be oriented to the traveling public.

 

9. Manufacture of articles sold only at retail on the premises.

 

10. Miniature golf courses.

 

11. Newspapers, job printing, lithographing and publishing.

 

12. Parking stations for trucks and buses.

 

13. Photograph printing shops.

 

14. Plumbing or sheet metal shops, allowing punching of material of one-eighth inch or less in thickness.

 

15. Roller skating rinks.

 

16. Sign painting and sign shops.

 

17. Taxidermy.

 

18. Transfer and storage offices.

 

(2) Separation of adult businesses from other adult businesses. Not more than two adult businesses shall be located within 1,500 feet of each other (regardless of whether such uses are located in the same facility, separate facilities or different zoning districts) as measured in a straight line along street rights-of-way between the property lines of the two properties.

 

(3) Separation of adult businesses from certain other uses.

 

a. Types of adult businesses to which applicable. The adult businesses which shall be subject to the separation requirements of this subsection (3) are adult motion picture theatres and adult media stores.

 

b. Types of other uses to which applicable. The separation requirements of this subsection (3) shall apply to the relationship between the adult businesses specified in subparagraph (a) of this subsection (3), property zoned R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1, or GPR-2 for residential use; property containing a house of worship; property containing a public or licensed educational institution that serves persons younger than 18; property containing a day-care facility; a public park, property containing a community center, property containing a childrens amusement park; a library or museum, a recreation area or playground.

 

c. General location requirements. No adult business specified in paragraph (3)(a) shall be located on the same block with any of the types of property or uses specified in subparagraph (b) of this subsection (3).

 

d. Distance requirements. The adult businesses listed in paragraph (3)(a) shall be subject to the following distance separation requirements from the uses and types of property listed in paragraph (3)(b): for an adult media store, 600 feet; and for an adult motion picture theatre, 1,000 feet.

 

e. Measurement. Separation requirements shall be measured from property-line to property-line, following the route of property lines along public rights-of-way (to approximate pedestrian distances). For leased spaces in multi-tenant properties, the measurements shall be from the outer boundaries of the leased space (projected to ground level, if applicable); for leased space in single-tenant properties, the measurements shall be from the property lines.

 

(4) Conditions applicable to certain businesses carrying adult media.

 

a. Applicability. This section shall apply to any book store, media store or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

b. Prohibition of public display. The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portions of the business open to the general public.

 

c. Display of adult media. Adult media in a store to which this section is applicable shall be kept in a separate room or section of the store, which room or section shall:

 

(i) Not be open to any person under the age of 21;

 

(ii) Be physically and visually separated from the rest of the store by an opaque wall or durable material, reaching at least eight feet high or to the ceiling, whichever is less;

 

(iii) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and

 

(iv) Have access controlled by electronic or other means to provide assurance that persons under age 21 will not gain admission and that the general public will not accidentally enter such room or section.

 

(5) Accessory uses.

 

a. Any use which is accessory and incidental to any enumerated principal use within the district shall be permitted.

 

b. Air conditioning plants and ice refrigeration plants purely accessory and incidental to the principal use shall be permitted.

 

c. Any accessory use shall be limited to a maximum of one horsepower employed in the operation of any one machine, or a total of three horsepower for the manufacture of articles to be sold at retail on the premises and shall be limited to 115 volts.

 

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