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Legislation #: 050956 Introduction Date: 8/4/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER COOPER
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-212, Conditional use permitted for limited time, and enacting in lieu thereof a new section of like number and subject matter which excepts title loan businesses which hold certificates of legal nonconformance from the distance requirements from other such businesses.

Legislation History
DateMinutesDescription
8/3/2005 Filed by the Clerk's office
8/4/2005 Referred to Planning, Zoning & Economic Development Committee
8/24/2005 Hold On Agenda (10/5/2005)
10/5/2005 Hold Off Agenda
7/12/2006 Release
7/20/2006 Released

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ORDINANCE NO050956

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-212, Conditional use permitted for limited time, and enacting in lieu thereof a new section of like number and subject matter which excepts title loan businesses which hold certificates of legal nonconformance from the distance requirements from other such businesses.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-212, Conditional use permitted for limited time, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-212. Conditional uses permitted for 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 section.

 

(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 director of city development. The director shall report as to whether or not any use to be permitted under this section is compatible with the plan for the development of the city used as a guide by the director on all matters referred to him. After a review of the plans, the director may make such recommendations for additional conditions as he may deem appropriate. The director may file a report with the board within 30 days of receipt of the application and plan, or within 30 days of any requested amendment thereof.

 

(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, as provided in section 80-180. See chapter 12, article V, division 2, for additional requirements for these uses.

 

(2) Check-cashing establishments or title loan establishments in Districts C-2, C-3, C-4, M-1, M-2, M-3, CP-2 and CP-3 subject to the following conditions and restrictions:

 

a.. At the time of original approval, no such establishment shall be located within 1,000 feet of another check-cashing establishment, title loan establishment or pawnshop; except that a person holding a valid certificate of legal nonconformance for a title loan business may be granted a conditional use permit to move such business once to an adjacent lot regardless of its distance from another check-cashing or title loan establishment or pawn shop.

 

b. At the time of original approval, no such establishment shall be located on a lot contiguous with or directly across the street or an alley from any property zoned R-1, R-2, R-3, R-4, R-5 or R-6.

 

c. Signage shall be 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. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

d. Paving and screening of the parking area shall be as required by section 80-444.

 

e. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed establishment.

 

f.                    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 establishment has not had a negative impact on properties within 500 feet and that the establishment has complied with the provisions of chapter 56, the property maintenance code.

 

(3) 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, are 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, as provided in section 80-80. A group home facility shall be subject to the following conditions and restrictions:

 

a. The maximum number of persons in a facility shall not exceed ten children and two resident staff members.

 

b. The facility shall provide off-street parking in the ratio of one space per every four children and one space per every resident staff member.

 

c. The parking shall be adequately paved and screened from adjoining properties.

 

d. 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. The property shall have a minimum lot area of 10,000 square feet.

 

f. There shall be a minimum building size of 250 square feet per residential and resident staff.

 

g. There shall be no exterior evidence of such a use and that there shall be no sign advertising the nature of the use.

 

h. The facility shall not be used as a residence for substance abusers or ex-offenders.

 

i. At the time of original approval no facility shall be located within 1,000 feet of another such facility or of a halfway house (see subsection (b)(4) of this section), 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 manmade or natural barrier.

 

j. The residential character of the structure shall be maintained.

 

k. The applicant shall demonstrate that there is not a negative impact on property within 500 feet of the proposed facility and that such facility will maintain the residential character of the neighborhood.

 

l. 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 500 feet, and that the facility has been maintained in accordance with the standards established by chapter 56, the property maintenance code.

 

(4) Day labor establishments in Districts C-3, C-4, M-1, M-2, M-3, and CP-3 subject to the following conditions and restrictions:

 

a. At the time of original approval, no such establishment shall be located within 1,000 feet of another day labor establishment, or within 500 feet of a childrens nursery or boarding home, a group day care home, a daycare facility, a school, or a package liquor store, as measured in a straight line from the lot line of the affected properties.

 

b. At the time of original approval, no such establishment shall be located on a lot contiguous with or directly across the street or an alley from any property zoned R-1, R-2, R-3, R-4, R-5 or R-6.

 

c. Signage shall be 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. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

d. Parking with paving and screening shall be as required by section 80-444. Adequate off-street paved surfaces shall be provided for the loading and unloading of workers in conformance with Chapter 52 and section 80-446.

 

e. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed establishment.

 

f. 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 establishment has not had a negative impact on properties within 500 feet and that the establishment has complied with the provisions of chapter 56, the property maintenance code.

 

(5) Gun clubs, skeet or trap shoots and target and archery ranges, when located on land at least two acres in size in districts RA, M-1, M-2 and M-3, for a period of five years, and renewable by the board after public hearing. See section 50-264 for regulations concerning police permits for these uses.

 

(6) Halfway houses for the rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are considered to be substance abusers; or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility in any district except R-1, R-2, GP-7 and GP-6, subject to the following conditions:

 

a. In districts R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-5 and GP-4, one parking space per every four residents, including staff residents, is required. In all other districts one parking space per every ten residents, including staff residents, is required.

 

b. Paving and screening of the parking area shall be as required by section 80-444.

 

c. In district R-3 there shall be a minimum lot area of 10,000 square feet.

 

d. In district R-3 there shall be no more than 12 residents, including resident staff.

 

e. In districts R-4, R-4-0 and GP-5, 700 square feet of lot area per resident is required. In districts R-5, R-5-O, R-6 and GP-4, 500 square feet of lot area per resident is required. In all other districts, no minimum lot size is required.

 

f. There shall be 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 floor area of 250 square feet per resident and resident staff. In all other districts, there shall be 100 square feet of floor area per resident and resident staff.

 

h. At the time of original approval, no facility shall be located within 1,500 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 and no facility shall be located within 500 feet of a school; 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 manmade or natural barrier.

 

i. 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 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 500 feet, that the residential character of the neighborhood has not been impaired, and that the facility has complied with the provisions of chapter 56, the property maintenance code.

 

(7) Miniature cars and miniature trains not operated commercially in districts R-1, RA and R-2 for a period of five years and renewable by the board after public hearing. Miniature trains are first allowed outright in district C-2, as provided in section 80-140.

 

(8) 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, subject to the following conditions:

 

a. Quarry operations shall be located on property abutting or adjacent to a freeway, expressway or primary or secondary arterial as depicted on the major street plan, and all access shall be from a street capable of handling the expected highway loads of heavy vehicular traffic. In order to determine the capability of such street, the applicant shall submit a traffic study assessing the impact of that quarry operation and a structural analysis of the street certified by a registered professional engineer as to the capacity of such street.

 

b. All quarry activity shall be located so as to minimize the adverse impact upon surrounding properties. The board 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 shall not violate the general spirit or intent of this chapter.

 

c. Rock-crushing and quarrying are allowed as a special use in district M-2, as provided in section 80-190. 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.

 

d. The term of the permit shall not exceed five years, but the permit may be renewed by the board after a public hearing.

 

(9) Refuse dumps in districts RA, M-1, M-2 and M-3, excluding demolition debris landfills, for a period not to exceed five years and renewable by the board after public hearing, subject to the following conditions:

 

a. The applicant shall submit an application to the board of zoning adjustment for approval of such refuse dump, with the application to contain such information as established by the board, including but not limited to:

 

1. Ownership of the property.

 

2. Plat of the property drawn to scale, showing legal description, the boundary of the property, the boundary of the proposed dump, existing topography, existing easements, access and any watercourses or drainage systems.

 

b. Upon filing of an application, the director of city development shall furnish copies of the application to the fire and public works departments. Each of these departments shall make the necessary investigation to determine the feasibility of the site, and shall make written recommendations to the board of zoning adjustment prior to the public hearing on the application.

 

c. Any application approved by the board of zoning adjustment shall be subject to the following conditions:

 

1. The refuse dump shall be properly protected from use by anyone other than the applicant, or his authorized agent, and it shall be the applicant's sole responsibility for maintenance and care of the area used as a refuse dump.

 

2. All refuse dumps shall be compacted by the use of machines for this purpose if so required by law.

 

3. All refuse dumps shall be operated so as not to violate any existing city ordinance, 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.

 

(10) 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 or 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 or structures, 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 submit an application to the board of zoning adjustment for approval of such demolition debris landfill site, with the application to contain such information as established by the board, including but not limited to:

 

1. Ownership of the property.

 

2. Plat of the property drawn to scale, showing legal description, the boundary of the property, the boundary of proposed fill, existing topography, finish topography, existing easements, access and any watercourses or drainage systems.

 

d. Upon the filing of an application, the director of city development shall furnish copies of the application to the fire and public works departments. Each of these departments shall make the necessary investigation to determine the feasibility of the site and its proposed use, and shall make written recommendations to the board of zoning adjustment prior to the public hearing on the application.

 

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, 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 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 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.

 

h. The director of public works shall make such rules and regulations pertaining to the operation of the demolition debris landfill so as to accomplish the purpose and intent of this chapter and approval by the board of zoning adjustment. Employees of the city shall have the right to enter upon the site to make all reasonable inspections. If the applicant is found to be in violation of the provision of this section, written notice shall be given to the applicant by the city citing the violations and allowing the applicant 15 days to correct the violations. Should violations continue beyond such time, the city will institute proceedings for a public hearing before the board of zoning adjustment for revocation of the permit.

 

(11) 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, as provided in Section 80-110, and District C-2, as provided in Section 80-140.

 

(12) Business, commercial and trade schools in districts R-1, R-2, R-3, R-4, R-5, R-6 and C-1 subject to the following conditions and restrictions:

 

a. The property shall have a minimum lot area of 3 acres and shall be located on a lot immediately adjoining any R-4 to M-3 district, inclusive, or on a corner lot across the street from any R-4 to M-3 district, inclusive.

 

b. The property shall be adjacent to a major thoroughfare or interstate highway, including frontage roads.

 

c. Parking and screening shall be provided as required in Section 80-444, except that parking may be allowed in the front yard provided that the parking is set back a minimum of 30 feet from the nearest property line.

 

d. The property shall conform with all height and yard requirements of the underlying zoning district except as allowed by the board of zoning adjustment. In district R-5, the maximum allowable height of such a facility shall not exceed four stories.

 

e. No such facility shall be located on property which is within 400 feet from any residential structure in districts R-1, R-2, R-3, R-4, R-5, R-6, excluding motels and hotels.

 

f. Training occurring on the property shall only be allowed indoors. There shall be no exterior storage, training or educational activities allowed outside the building on the property.

 

g. Signage shall be 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. In lieu of wall signs, one freestanding sign shall be allowed not to exceed 8 feet in height and not to exceed 40 square feet in area.

 

h. The term of the permit shall not exceed five years, but the permit may be renewed by the board after a public hearing.

 

i. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed facility.

 

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