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Legislation #: 051260 Introduction Date: 10/13/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER XBARNES
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-180, District M1 (light industry), and enacting in lieu thereof a new section of like number and subject matter to require a special use permit for new development or expansion in excess of 100,000 sq. ft., revise separation and screening requirements, and other minor revisions. ( 254-S-227)

Legislation History
DateMinutesDescription
10/13/2005 Filed by the Clerk's office
10/13/2005 Referred to Planning, Zoning & Economic Development Committee
11/2/2005 Hold On Agenda (11/9/2005)
11/9/2005 Hold On Agenda (11/16/2005)
11/16/2005 Hold On Agenda (12/7/2005)
12/14/2005 Hold Off Agenda
1/11/2007 Release
1/12/2007 Released

View Attachments
FileTypeSizeDescription
fs254s227,254s233,254s234.xls Fact Sheet 88K Fact Sheet on Excel
254s227,254s233,254s234_2005_10_04_2005_postCPC.doc Staff Report 1072K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051260

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-180, District M1 (light industry), and enacting in lieu thereof a new section of like number and subject matter to require a special use permit for new development or expansion in excess of 100,000 sq. ft., revise separation and screening requirements, and other minor revisions. ( 254-S-227)

 

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 80-180, District M1 (light industry), and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-180, District M1 (light industry)

 

(a)                Use regulations. In district M-1, 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) Any use permitted in district C-3a1.

 

(2) The following listed uses are permitted, provided that any new development or expansion of existing development, which new development or expansion is in excess of 100,000 sq. ft. of lot area or building square footage, shall be permitted upon approval of a special use permit by the city council after public hearing and recommendation of the city plan commission subject to the following: (i) submittal of a site plan meeting the requirements of Section 80-271(e) and elevations depicting the type, size and height of all structures and equipment, uses upon the site, and materials to be stored. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height; unless otherwise stated in this section or otherwise approved by a site plan; and (ii) 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 does not materially injure or curtail the appropriate use of neighboring property; does not jeopardize the public health, safety, and welfare; and does not violate the general spirit or intent of this chapter or 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 Ordinances has occurred. This provision shall not limit the city council from pursuing any other remedies available under the law.

 

a.         Animals. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Chicken batteries or brooders.

 

2.                  Creameries.

 

3.                  Meat processing (no slaughtering).

 

4.                  Milk bottling or central distribution stations.

 

5.                  Poultry killing or dressing.

 

6.                  Stables, riding.

 

7.                  Veterinary hospitals.

 

8.                  Kennels provided that all buildings and pens shall be located not less than 200 feet from any residentially zoned district.

 

b.                     Entertainment facilities. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Baseball parks.

 

2.                  Children's or adult amusement parks.

 

3.                  Carnivals.

 

4.                  Circuses.

 

5.                  Drive-in theaters, under the same conditions as required in district C-3a1.

 

c.                   Food or beverage processing. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Bottling works.

 

2.                  Brewing or distilling of liquor.

 

3.                  Canning or preserving factories.

 

4.                  Cold storage plants.

 

5.                  Coffee roasting.

 

6.                  Cutting or blending of liquors.

 

7.                  Manufacture of cigars, cigarettes, snuff or other tobacco products.

 

8.                  Manufacture of chewing gum.

 

9.                  Manufacture of syrups.

 

10.              Manufacture of fruit juices.

 

11.              Manufacture of extracts.

 

12.              Manufacture of drugs or medicines.

 

13.              Manufacture of ice.

 

14.              Manufacture of ice cream.

 

15.              Manufacture of potato, corn or tapioca chips.

 

16.              Manufacture of sausages.

 

17.              Wineries.

 

d.                     Light manufacturing. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Job shop foundries for making brass, bronze or aluminum castings, when the operation is conducted entirely within a building completely enclosed with walls and roof and the nearest point of the building is at least 500 feet from the boundary of an R-1 to C-4 district, inclusive or URD District. The activity shall create no regularly recurring noise in excess of 65 decibels as measured at a point 500 feet from the perimeter of the property, and shall create no vibration for a period longer than three minutes in any one hour which is perceptible from any adjoining premises. The activity shall create no smoke exceeding a density of two measured on the Ringelmann Chart published and used by the United States Bureau of Mines, except for a period or periods not exceeding six minutes in any one hour. The activity shall create no unusual dust, fly ash, dirt, odor, noxious gases, heat and unscreened glare which is perceptible on any adjoining premises. The activity shall be free from fire hazard and excessive industrial wastes.

 

2.                  Machine shops, when the operation is conducted entirely within a building completely enclosed with walls and roof and the nearest point of the building is at least 500 feet from the boundary of an R-1 to C-4 district, inclusive, or URD District. The activity shall create no regularly recurring noise in excess of 65 decibels as measured at a point 500 feet from the perimeter of the property, and shall create no vibration for a period longer than three minutes in any one hour which is perceptible from any adjoining premises. The activity shall create no smoke exceeding a density of two measured on the Ringelmann Chart published and used by the United States Bureau of Mines, except for a period or periods not exceeding six minutes in any one hour. The activity shall create no unusual dust, fly ash, dirt, odor, noxious gases, heat and unscreened glare which is perceptible on any adjoining premises. The activity shall be free from fire hazard and excessive industrial wastes.

 

3.                  Manufacture of goods from aluminum, brass, bronze, copper, steel, tin or other metal.

 

4.                  Manufacture of goods from bone, leather, paper, rubber, shell, wire or wood.

 

5.                  Manufacture of artificial flowers, feathers or plumes.

 

6.                  Manufacture of bags.

 

7.                  Manufacture of bicycles.

 

8.                  Manufacture of boats.

 

9.                  Manufacture of blacking, cleaning or polishing preparations.

 

10.              Manufacture of brooms or brushes.

 

11.              Manufacture of buttons and novelties.

 

12.              Manufacture of canvas products.

 

13.              Manufacture of cement products, including cement and cinder blocks.

 

14.              Manufacture of clothing of all kinds.

 

15.              Manufacture of cosmetics.

 

16.              Manufacture of electrical signs.

 

17.              Manufacture of furniture, including upholstering and rebuilding.

 

18.              Manufacture of gas or electric fixtures.

 

19.              Manufacture of mattresses or their renovation.

 

20.              Manufacture of musical instruments.

 

21.              Manufacture of plastics and plastic products, including assembly or processing, when the operation is conducted entirely within a building completely enclosed with walls and roof and the nearest point of the building is at least 500 feet from the boundary of an R-1 to C-4 district, inclusive, or URD District. The activity shall create no regularly recurring noise in excess of 65 decibels as measured at a point 500 feet from the perimeter of the property, and shall create no vibration for a period longer than three minutes i n any one hour which is perceptible from any adjoining premises. The activity shall create no smoke exceeding a density of two measured on the Ringelmann Chart published and used by the United States Bureau of Mines, except for a period or periods not exceeding six minutes in any one hour. The activity shall create no unusual dust, fly ash, dirt, odor, noxious gases, heat and unscreened glare which is perceptible on any adjoining premises. The activity shall be free from fire hazard and excessive industrial wastes.

 

22.              Manufacture of radio or television sets.

 

23.              Pattern shops.

 

24.              Stamping, dieing, shearing or punching of metal.

 

25.              Welding shops.

 

e.                     Services. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Assaying (other than gold or silver).

 

2.                  Carpet cleaning.

 

3.                  Chemical laboratories.

 

f.                       Storage. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Asphalt.

 

2.                  Brick.

 

3.                  Building material.

 

4.                  Butane (less than tank car lots).

 

5.                  Cement.

 

6.                  Clay products.

 

7.                  Coal.

 

8.                  Contractor's equipment.

 

9.                  Cotton.

 

10.              Feed.

 

11.              Fertilizer.

 

12.              Food.

 

13.              Fuel.

 

14.              Gasoline (less than tank car lots).

 

15.              Grain.

 

16.              Gravel.

 

17.              Grease.

 

18.              Hay.

 

19.              Ice.

 

20.              Lead.

 

21.              Lime.

 

22.              Liquor.

 

23.              Lumber.

 

24.              Machinery.

 

25.              Oils.

 

26.              Plaster.

 

27.              Pipe.

 

28.              Propane (less than tank car lots).

 

29.              Roofing.

 

30.              Rope.

 

31.              Sand.

 

32.              Stone.

 

33.              Tar.

 

34.              Tarred or creosoted products.

 

35.              Terra cotta.

 

36.              Timber.

 

37.              Wine.

 

38.              Wood.

 

39.              Wool.

 

g.                   Transportation-related activities. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Aviation schools.

 

2.                  Body and fender work

 

3.                  Terminals, freight, rail or water.

 

4.                  Terminals, truck, provided that all access is from a major thoroughfare.

 

5.                  Tracks, spur, loading or storage, and freight yards.

 

h.                     Material or waste processing facilities. Each of the following must be conducted entirely within a building completed enclosed with walls and roof, with a masonry wall at least eight feet in height erected along all property lines except where the building serves as a wall.

 

1.                  Auto wrecking.

 

2.                  Junk handling (yard).

 

3.                  Materials recovery facility.

 

4.                  Used tire facility.

 

i.                       Miscellaneous. Storage must be entirely enclosed within a building or screened by a masonry wall at least eight feet in height.

 

1.                  Cold storage plants.

 

2.                  Electroplating.

 

3.                  Forging.

 

4.                  Galvanizing.

 

5.                  Monument or marble works, finishing and carving only, and excluding stonecutting.

 

6.                  Oil compounding or barreling.

 

7.                  Spray painting or paint mixing.

 

8.                  Wholesale produce markets.

 

j.                       Accessory uses, the same as for district C-3a1.

 

(c)                Height, yard and area regulations. In district M-1, the height of buildings, the 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:

 

(1)               Height. Buildings or structures shall not exceed six stories and shall not exceed 75 feet in height.

 

(2)               Front and side yards.

 

a.                   There need be no front or side yard in this district, except when the district abuts or adjoins a district R-1, R-2, R-3, R-4, R-4-O, R-5 or R-5-O or abuts or adjoins residential uses in District URD (hereinafter considered a residential district or residential property) within the same block and on the same side of the street. Provided this situation occurs, and the majority of the buildings or lots in the residential district face on the street, there shall be a setback from the street for any building in the industrial district equal to one-half of the front yard requirement (or, if District URD, the front yard provided), for the abutting or adjoining residential district as given under the height, yard and area regulations for that district; and, when the side property line of residential property forms the greater portion, at least 70 percent of the street property line in the residential district, there shall be a setback in the industrial district equal to the side yard requirement for the residential district as given in paragraph 2 or 3 under the height, yard and area regulations for that district, but such setback need not be more than eight feet.

 

b.                  There shall be a side yard along the side line of a property in the industrial district which abuts, adjoins or is within eight feet of a boundary of a residential district (including residential uses in District URD), equal to eight feet measured from the residential district boundary line.

 

(3)               Rear yards.

 

a.                   The rear yard for business and industrial buildings shall be at least three inches in least dimension for each foot of height of the building at any given level, but must be at least four feet. Where there is an alley, the rear yard shall be measured to the center of the alley. Where the rear yard abuts or adjoins a residential district R-1, R-2, R-3, R-4, R-4-O, R-5 or R-5-O, and residential uses in District URD it shall be at least ten feet in depth. Within 50 feet of the nearest street, no rear yard is required where a rear line of a lot zoned for business or industry abuts or adjoins the side or rear line of a lot zoned for business or industry.

 

b.                  An accessory building shall be allowed in the rear yard referred to in this subsection, but shall be kept at least four feet from the rear and side lot lines unless there is an alley. Where there is an alley, it may extend to the property line along the alley. On a corner lot, the accessory building shall be set back at least 15 feet from any street line.

 

 

(4)               Lot area. No building, to be used wholly or partially for dwelling purposes, shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

a.                   For one- and two-family dwellings, 4,000 square feet.

 

b.                  For three-family dwellings, including conversions, 5,000 square feet.

 

c.                   For dwellings with more than three families, other than row houses, hotels, apartment houses and apartment hotels, 5,000 square feet, with 1,000 square feet additional for each family over three.

 

d.                  For row houses, 1,000 square feet per family.

 

e.                   For apartments, apartment hotels, hotels and buildings used jointly for hotel and apartment house uses, or for business and residential purposes, or for industrial and residential purposes, 1,000 square feet per family.

 

(d)               Parking and loading regulations. Parking and loading regulations shall be as provided for in sections 80-444 and 80-445

 

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