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Legislation #: 970523 Introduction Date: 4/24/1997
Type: Ordinance Effective Date: 6/1/1997
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 80-151, District C-3a1 (intermediate business, low buildings), and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
4/24/1997

Prepare to Introduce

4/24/1997

Referred Planning, Zoning & Economic Development Committee

5/14/1997

Do Pass

5/15/1997

Assigned to Third Read Calendar

5/22/1997

Passed


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ORDINANCE NO. 970523

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 80-151, District C-3a1 (intermediate business, low buildings), 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 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 80-151, District C-3a1 (intermediate business, low buildings), and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-151. District C-3a1 (intermediate business, low buildings).

 

(a) Purpose. District C-3a1 is intended to serve regional trade areas by permitting large-scale commercial development of more intensive uses than allowed in the C-2 district. Such areas should be adjacent to major thoroughfares carrying regional traffic. Certain distribution and wholesale uses are first permitted in this district.

 

(b) Use regulations. In district C-3a1, 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. Any use permitted in district C-2.

 

b. Retail services:

 

1. Bookbinding.

 

2. Diaper services.

 

3. Dyeing and dry cleaning plants.

 

4. Film exchanges.

 

5. Meat processing; provided that there is no slaughtering or rendering

on premises, that all waste is stored within a building, that all loading

and unloading shall be done in a recessed loading area on the premises

with all truck ingress and egress to be from a major thoroughfare, that

employee parking shall be provided in accordance with requirements

for industrial buildings, and that no noxious odors are created on the

premises.

 

6. Newspapers, job printing, lithographing and publishing.

 

7. Photograph printing shops.

 

8. Plumbing or sheetmetal shops (allowing punching of material one-eighth inch or less in thickness).

 

9. Shooting galleries.

 

10. Sign painting and sign shops.

 

11. Taxidermy.

 

12. Trade schools.

 

c. Automobile-related and automobile-oriented uses:

 

1. Auto body shops, provided that:

 

i. All work shall be done within the building.

 

ii. All inoperable or wrecked vehicles shall be stored inside the

building.

 

iii. No salvage operations shall take place on the site.

 

iv. All access shall be from a major thoroughfare.

 

v. The property must have a frontage of at least 50 feet along a

major thoroughfare unless the property fronts on a street and

all of the property fronting on such street within the same

block and on both sides of the street is zoned district C-2 or

greater intensity.

 

vi. The yard requirements listed in subsection (c) of this section

shall apply unless the property abuts district R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6, in which case any building shall

be set back at least 15 feet from the rear property line and 40

feet from any side property line. Parking is permitted in side or

rear yards.

 

vii. Parking spaces must be provided at the rate of one space for

every 300 square feet of gross floor area.

 

viii. The property must be screened from surrounding

nonresidential property and from any property adjacent to the

rear by a solid fence at least six feet in height, provided that

the height of the fence may be reduced to four feet to provide

adequate sight distance at any street or driveway intersection.

Property must be screened from any residential property and

from the public street as follows:

 

(a) From the public street, deciduous shade trees spaced 30

feet on center shall be used, if at least 20 feet exists between

curb and building.

 

(b) From the public street and from residential property,

smaller ornamental trees in groupings at 15 feet on center shall

be used if there is not adequate space between the curb and

building for shade trees. These trees should also be used,

where there are adjacent residential properties, in the side

yards.

 

(c) Fences at least six feet in height will be used as detailed in

this subsection c.1 in all rear yards.

 

2. Drive-in theaters, upon approval of specific plans by the board of

zoning adjustment, after a public hearing, and subject to the following

conditions:

 

i. The property shall consist of not less than ten acres of land in

a single tract or parcel not intersected or divided by any street,

alley or by property belonging to any other owner.

 

ii. The plans for the screen tower, buildings and other structures

shall have received the approval of the director of codes

administration.

 

iii. The screen shall be obscured from main thoroughfares. Any

lights used to illuminate the theater site shall be so arranged as

to reflect the light away from adjoining property and streets.

 

iv. The plans shall have been approved by the director of city

development, indicating undue traffic congestion due to the

location and arrangement of the theater, including the car

rows and aisles, and minimizing the danger of fire and panic.

 

v. Acceleration and deceleration lanes shall be provided along

the public thoroughfare adjacent to the entrance and exit of

the theater. Parking space for patrons awaiting admission shall

be provided on the side in an amount equal to not less than 30

percent of the vehicular capacity of the theater.

 

vi. Vehicular circulation shall be so designed and constructed as

to permit only one-way traffic within the boundaries of the

tract on which the theater is located. Emergency exits shall be

provided and shall meet the approval of the fire department.

 

vii. The plans shall be approved by the fire department.

 

viii. Definite plans for shrubbery and landscaping shall be presented

to the board and made a part of the permit. The board shall

also approve the design of the fence surrounding the site.

 

ix. The nearest point of theater property, including driveways and

parkway areas, shall be at least 750 feet from the boundary of

a district zoned for residential use. This condition may be

modified by the board where topographical considerations

make the requirement excessive. The board may require any

other condition that will safeguard the public health or welfare

of the community.

 

3. Drive-in businesses.

 

4. Parking stations for trucks and buses.

 

5. Public garages, with the same conditions listed in this section for auto

body shops.

 

6. Streetcar and bus barns.

 

7. Used car sales lots or trailer sales garages.

 

d. Distribution and wholesale uses:

 

1. Bakeries, wholesale, provided that the property adjoins or abuts an

industrial district and all loading and unloading operations adjoin such

industrial district, and subject to approval of the board of zoning

adjustment after public hearing and notice and after due consideration

as to the effect upon the present and future character of surrounding

properties.

 

2. Bottling works for soft drinks only, provided that the building is

soundproofed and air conditioned and recessed loading and unloading

space is provided and that the property is more than 100 feet from any

property zoned for districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O

and R-6.

 

3. General distribution and wholesaling.

 

4. Manufacture of articles to be sold at retail on the premises only.

 

5. Storage, in bulk, within a building, or warehouses for automobiles,

clothing, drugs, dry goods, furniture, hardware, household goods,

glass, groceries, lubricating oil, millinery, paints and paint materials,

pipes, rubber, shop supplies, tobacco, turpentine and varnish; also,

office and warehouse structures of general building contractors for the

storage of other than heavy construction equipment, provided all

storage is within the building, and sufficient space is provided for

truck loading, unloading and parking to be entirely on private

property.

 

6. Transfer and storage offices or warehouses.

 

7. Wholesale uses as follows: Any use listed for districts C-1, C-2 and C-3a1, except where a wholesale use is specifically listed, and not

including uses listed in district C-4 and in industrial districts, is

permitted in this district as a wholesale use. Manufacture of products

is permitted in connection with such wholesale uses, providing the

area devoted to such manufacturing is limited to less than 50 percent

of the floor area when the entire use is on one floor, or, in a

multistoried building, not over the equivalent of the area of one floor,

where the entire use occupies more than one floor.

 

e. Miscellaneous:

 

1. Armories.

 

2. Battery stations.

 

3. Cabinet and carpenter shops.

 

4. Fiestas and street fairs.

 

5. Tourist camps and motels.

 

6. Laundries.

 

7. Heating and cooling plants may be allowed as a special use permit by

the City Council after public hearing and recommendation of the City

Plan Commission subject to the following conditions:

 

a. Submittal of a site plan and elevations depicting the type, size

and height of all structures and equipment including provisions

for adequate containment and screening.

 

b. 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 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.

 

(2) Accessory uses. Accessory uses customarily incident to the uses listed in subsection (b)(1) of this section.

 

(c) Height, yard and area regulations. In district C-3a1, the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements in district R-4:

 

(1) Height. Buildings or structures shall not exceed three stories and shall not exceed 45 feet in height.

 

(2) Front yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. There need be no front

yard in this district.

 

(3) Side yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. There need be no side

yard in this district.

 

(4) Rear yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. Same as for district C-1.

 

(5) Lot area. Same as for district C-1, except that for apartment houses, apartment hotels, hotels and buildings used jointly for hotel and apartment house uses or for business

and residence purposes, the minimum shall be 350 square feet.

 

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

 

(e) Signs. Sign regulations shall be as provided in section 80-220.

 

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 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:

 

 

 

___________________________________

Assistant City Attorney