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Legislation #: 900698 Introduction Date: 11/21/1990
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance by repealing Section 39.213, Same - Unlimited Time and enacting in lieu thereof a new section of like number and subject matter to provide for penal or detention centers or facilities as conditional use and other minor revisions.

Legislation History
DateMinutesDescription
11/20/1990

Prepare to Introduce

11/21/1990

Referred Plans And Zoning Committee

11/26/1990

Advertise

12/12/1990

Hold On Agenda

12/19/1990

Do Pass as a Committee Substitute

12/20/1990

Assigned Third Read Calendar as Substituted

12/27/1990

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 900698

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance by repealing Section 39.213, Same - Unlimited Time and enacting in lieu thereof a new section of like number and subject matter to provide for penal or detention centers or facilities as conditional use and other minor revisions.

 

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 39.213, Same - Unlimited Time and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 39.213. Same - Unlimited 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 an unlimited time subject to the conditions and restrictions listed in this Section.

 

B. The following uses may be permitted in the districts designated and, 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 after receiving the report and recommendation of the Director of City Development and only after a public hearing. The Director shall report as to whether or not 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 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 thirty (30) days of receipt of the application and plan, or within thirty (30) days of any requested amendment thereof.

 

1. AMUSEMENT PARKS AND RECREATION CENTERS consisting

of two (2) or more recreational uses in Districts

C-2 and C-3, subject to the following conditions:

 

(a) The facilities and grounds shall be a

sufficient distance from any area zoned R-1,

R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6 so that

noise, traffic generation, and other effects

will not be adverse to the residential

neighborhood. Where the property adjoins the

aforesaid zoning districts, no building or

facility shall be nearer than one hundred

(100) feet of any such district and no

driveway or parking area shall be nearer than

fifty (50) feet of such common boundary unless

topography or other factors justify a lesser

setback.

 

(b) Plans for shrubbery, landscaping and fencing

shall be presented to the Board and made a

part of the permit.

 

(c) Sound amplification system or any other noise

caused by the operation shall not exceed

sixty-five (65) decibels as measured at the

property line.

 

(d) Outdoor lighting shall be so designed as to

reflect away from adjoining residential zoned

property.

 

(e) Access to the property shall be directly from

major thoroughfares.

 

(f) Parking spaces for patrons and employees shall

be provided on site equal to one (1) space for

each five hundred (500) square feet of total

site area exclusive of setback and parking

areas, or one (1) space for each four (4)

persons based on the anticipated capacity,

whichever is greater. The foregoing are

minimum standards for parking; the Board may

require additional parking if review of the

proposed operation so indicates.

 

(g) A permit may be issued for a specified period

as well as for an unlimited time. If the

permit is for a specified period of time, the

Board may renew the permit upon expiration.

 

2. AVIATION FIELDS, AIRPORTS AND HELIPORTS in

Districts RA, R-6, C-1, C-2, C-3, M-1, M-2 and M-3,

provided the following conditions are met:

 

(a) Plans of any airport or heliport shall include

all approach and departure paths as necessary

to assure safe and adequate landing and

take-off area and shall be supplemented by a

favorable report by the local airport district

office of the Federal Aviation Administration

(FAA).

 

(b) Adequate safety provisions shall be provided

and indicated by plans which control or

restrict access to the landing and take-off

areas by the general public.

 

(c) Landing and take-off areas shall be surfaced

in such a manner as to avoid the blowing of

dust or dirt onto neighboring property.

 

3. CEMETERIES, BURIAL GROUNDS, GRAVEYARDS, MAUSOLEUMS

OR CREMATORIES, in Districts R-1, RA, R-2, R-3, R-4

and R-5.

 

4. COMMERCIAL BASEBALL OR ATHLETIC FIELDS, RACE TRACKS

OR FAIRGROUNDS, in Districts RA, R-3, R-4, R-5,

C-1, C-2 and C-3. Baseball parks are first allowed

outright in District M-1, Section 39.180.

 

5. COUNTRY CLUB CLUBHOUSES, GOLF COURSE CLUBHOUSES AND

PRIVATE CLUBS in Districts R-1, RA, R-2 and R-3,

subject to meeting all the conditions and

restrictions set forth below. Private clubs are

first allowed outright in District R-4, Section

39.080.

 

(a) The property shall be at least four (4) acres

in size.

 

(b) The property shall have direct access to a

major thoroughfare; the club property, when in

connection with a subdivision plan or an

overall plan for community development may be

located on a minor street or streets having a

minimum right-of-way width of sixty (60) feet

and a minimum pavement width of thirty-four

(34) feet between the club site and a major

thoroughfare.

 

(c) The front, side and rear yards for all

buildings and structures, including outdoor

recreation areas and parking lots, but

excluding fences and walls, shall be at least

thirty (30) feet in width or depth.

 

(d) Off-street parking shall be provided on the

basis of one (1) space for every two (2)

members.

 

(e) Vehicular access shall be only from a major

thoroughfare or, when the club site is located

on a minor street, vehicular access shall be

only from a minor street having a minimum

right-of-way of sixty (60) feet and a minimum

pavement width of thirty-four (34) feet.

 

(f) Parking areas shall be hard-surfaced and

outdoor recreation facilities and parking

areas shall be appropriately screened by

landscaping or a wall if adjacent to adjoining

residential property. Outdoor lighting shall

be so designed as to reflect away from

adjoining residential property. Outdoor

recreation facilities shall not be used later

than 10:00 p.m. and lighting for such

facilities shall be turned off at that time.

 

6. GAS AND OIL DRILLING in any district, subject to

the following conditions and restrictions:

 

(a) Any oil or gas well within one hundred

sixty-five (165) feet of a residential

district shall be visually screened.

 

(b) Any wellhead shall be screened within six (6)

months after installation of the pumps and

storage tanks.

 

(c) Any storage tank shall be located at least one

hundred sixty-five (165) feet from the

property line.

 

7. GROUP HOMES for various types of individuals

requiring special consideration:

 

(a) Children's day nurseries and children's

boarding homes in Districts R-1, RA, R-2 and

R-3, if the primary use of the land or if

providing care for more than ten (10) children

within a home, subject to meeting all of the

following conditions and restrictions:

 

(1) The property shall have a minimum lot

area of twenty thousand (20,000) square

feet and shall have a minimum lot width

of one hundred (100) feet.

 

(2) Not less than five hundred (500) square

feet of lot area shall be provided for

each child.

 


(3) Side yards shall be at least one hundred percent (100%) greater than the side yard

required in the district.

 

(4) Not less than one hundred (100) square

feet of open play space shall be provided

on the lot for each child.

 

(5) All open play areas shall be completely

enclosed with a tight fence at least four

(4) feet in height.

 

(6) The property shall front or abut on a

collector street.

 

(7) The property be adequately screened from

adjoining properties.

 

(8) A permit may be issued for a specified

period as well as for an unlimited time

at the request of the applicant and at

the discretion of the Board. If the

permit is for a specified period of time,

the Board may renew the permit upon

expiration.

 

(b) Convalescent, nursing and old folks' homes, in

Districts R-1, RA, R-2 and R-3, subject to

meeting the following conditions and

restrictions:

 

(1) The property shall have a minimum lot

area of twenty thousand (20,000) square

feet and shall have a minimum lot width

of one hundred (100) feet.

 

(2) Not less than five hundred (500) square

feet of lot area shall be provided for

each patient.

 

(3) Side yards shall be at least one hundred

percent (100%) greater than the side yard

required in the district.

 

(4) Off-street parking is provided for on the

basis of one (1) space for each living

unit or, in the case of dormitory design,

one (1) space for each four (4) beds and

one (1) space for each four (4)

employees.

 

(5) The number of beds, if dormitory design,

shall not exceed six times the number of

dwelling units per square foot of lot

area in the district in which the use is

located; or the number of living units

does not exceed twice the number of

dwelling units per square foot of lot

area in the district in which the use is

located.

 

(6) A permit may be issued for a specified

period as well as for an unlimited time

at the request of the applicant and at

the discretion of the Board. If the

permit is for a specified period of time,

the Board may renew the permit upon

expiration.

 

(c) Group day care home in Districts R-1, RA, R-2

and R-3, subject to the following conditions:

 

(1) The primary use of the premises shall be

residential.

 

(2) The use shall be primarily carried on or

conducted by members of a family residing

in the dwelling.

 

(3) Day care shall be provided for no more

than ten (10) children and no less than

seven (7) within any twenty-four (24)

hour period; provided, however, that in

the event of overlapping shifts, the day

care home may have twice the number of

children permitted for a period of time

not to exceed one (1) hour.

 

(4) One (1) off-street parking space shall be

provided, if an assistant is to be

employed.

 

(5) All open play areas shall be completely

enclosed with a tight fence at least four

(4) feet in height.

 

(6) The permit shall be issued to a

particular provider. A change in the day

care provider shall require another

public hearing. Furthermore, the Board

may limit the use to a specified time as

well as an unlimited time. If the permit

is for a specified time, the Board may

renew the permit.

 

8. MEDICAL OFFICE BUILDINGS in Districts R-4 and R-5,

when located immediately adjacent to a hospital or

when the property is located directly across a

street from a hospital, and subject to meeting all

of the following conditions and restrictions:

 

(a) Vehicular access may be on the same street on

which the hospital property is located, but on

no other streets.

 

(b) The building or buildings shall not exceed the

maximum height requirement of the district in

which they are located.

 

(c) Buildings shall front on the street on which

the hospital property is located or on

interior parking areas.

 

(d) Prescription shops, pharmaceutical, laboratory

and X-ray facilities, restaurants, or other

such similar facilities serving only those who

maintain offices or are employed in said

buildings may be permitted within the building

as accessory uses, provided no display or sign

is used to advertise such use and provided all

access to such facilities is within the

building with no outside entrances.

 

(e) One (1) off-street parking space shall be

provided on the premises for each five hundred

(500) square feet of gross floor area,

exclusive of basements and floor devoted to

parking and entrance ways. Off-street parking

areas shall be developed as set forth under

Section 39.300e1(a) and (e).

 

(9) PENAL OR DETENTION CENTERS OR FACILITIES in which

persons accused or convicted of offenses are held

in custody, confined, or housed prior to or during

trial or for incarceration after trial and

conviction, (excluding individuals confined to

their own home by means of electronic surveillance

or an equivalent thereto) in Districts RA, M-1 and

M-2, subject to the following conditions:

 

(a) The property shall have a minimum lot area of

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

 

(b) No such facility shall be located on property

which is within one thousand (1,000) feet from

any area zoned R-1, R-2, R-3, R-4, R-5, R-6,

R-4-O, R-5-O, GP-4, GP-5, GP-6, GPR-1 and

GPR-2 or within one thousand (1,000) feet of

any educational institution; library; museum;

children's amusement park; building primarily

designed and devoted for human habitation,

excluding motels and hotels; community center;

park; church, synagogue, temple or other place

of worship; or day care facility.

 

(c) All outdoor recreation areas and all

structures to be occupied by inmates shall be

set back a minimum of two hundred (200) feet

in District RA and twenty-five (25) feet in

Districts M-1 and M-2.

 

(d) The property on which the facility is to be

located shall provide a minimum lot area of

three hundred fifty (350) square feet per

occupant in Districts RA, M-1 and M-2.

 

(e) Parking shall be provided on the basis of one

(1) space per employee in the largest shift

plus (1) additional space per every ten (10)

occupants. The Board shall have authority to

require additional parking if such additional

parking is necessary due to the special needs

generated by the particular facility.

 

(f) A plan shall be submitted which provides for

the arrangement of buildings, recreation

space, parking and other relevant matters and

shall include a statement delineating the

number and types of inmates, conditions of

incarceration and type of security to be

provided. In addition, the Board may request

any additional information necessary to

evaluate the proposal and may establish and

impose conditions for approval.

 

10. SIGNS, informational or directional, to identify

shopping centers or residential districts in R-1,

RA, R-2, R-3, R-4, R-5 or C-1 districts where the

Board shall find such signs to be in the public

interest and upon approval of a specific plan and

design and in accordance with the following

conditions and restrictions:


(a) Such sign shall be located within a radius of one-half (1/2) mile of the area it identifies

and shall be located on a corner lot at a

street intersection, one (1) street of which

is a major thoroughfare. Signs which identify

a residential district or subdivision or

district so identified need not be on a major

thoroughfare. On premise signs which identify

an apartment complex need not be at a street

intersection. Where the complex abuts on two

(2) or more major thoroughfares, one

identification sign shall be permitted along

each street.

 

(b) The sign shall be designed in such manner that

it will, in the judgment of the Board, be in

harmony with the character of surrounding

property. The ground upon which the sign is

located shall be appropriately landscaped.

The sign shall show only the name, telephone

number, direction and distance to the area

designated.

 

(c) The sign panel shall not exceed forty (40)

square feet in area and the overall height of

the sign and the structure supporting the sign

shall not exceed ten and one-half (10 1/2)

feet, except where the topography of the site

is such that this height is insufficient for

public viewing, the Board of Zoning Adjustment

may grant height variances not to exceed the

difference in grade between that of the

roadway and that of the sign site.

 

Uses which have frontage on interstate

highways or expressways may be permitted to

increase the size of the signs up to

twenty-five percent (25%) with approval of the

Board of Zoning Adjustment, or the size of the

sign may be increased ten (10) square feet

over forty (40) square feet for each

additional fifty (50) feet distance from the

right-of-way up to a maximum of ninety-six

(96) square feet.

 

Any illumination shall be by indirect

lighting only and shall create no glare on

adjoining property.

 

(d) The location of such sign shall be established

as follows:

 

(1) By a declaration of restrictions; or

 

(2) By an easement on a platted lot; or

 

(3) On platted property owned and maintained

by a Homes Association as established by

a recorded declaration; or

 

(4) On property under same ownership.

 

The sign shall be at least seventy-five

(75) feet from the nearest point of any

existing or future residence which is located

in a residentially-zoned district except that

this provision shall not apply to a sign

identifying a residential district or

subdivision in which the sign is located.

 

(e) The sign shall not extend forward of a

diagonal line which intersects the front and

side property lines of the lot at points

twenty (20) feet distant from the common

intersection of said front and side property

lines, or if the corner of the lot is platted

on a radius, the extension of said front and

side property lines to a point of common

intersection.

 

11. TRAVEL TRAILER CAMPS shall be permitted only in RA

and C-2 Districts, subject to the following

conditions and the provisions of Chapter 35, Code

of General Ordinances of Kansas City, Missouri:

 

(a) The site selected for travel trailer camp

areas shall be well drained and primarily

designed to provide space for short-term

occupancy to the traveling public. Location

of the site need not necessarily front on a

major thoroughfare, but it shall be directly

accessible to the major thoroughfare by means

of a private road or public road on which it

has frontage.

 

(b) Minimum tract size shall be five (5) acres and

shall be in one (1) ownership.

 

(c) The maximum number of travel trailer spaces

allowed within the permitted districts shall

not be more than twenty (20) spaces per acre.

Consideration shall be given to whether the

camp and the density level are designed

accordingly. The densities of overnight use

may be higher than destination type since it

primarily serves as a short stopping point

while the destination type camp located at or

near a scenic historical or outdoor

recreational area provides for longer and

extended stays of several days or weeks.

 

(d) Minimum width of a trailer space shall be

twenty-five (25) feet and it shall be so

designed to provide space for parking both the

trailer and towing vehicle off the roadway.

No trailer unit shall be closer than ten (10)

feet to any other adjacent unit, structure or

roadway and all spaces shall have direct

access to the roadway. No unit shall be

placed closer than thirty (30) feet to any of

the development property lines and the ten

(10) feet nearest to the property line shall

be permanently maintained as a sodded and/or

landscaped area.

 

(e) The minimum open area required for a common

use of the trailer camp shall be not less than

ten percent (10%) of the gross area of the

camp. Common open space shall be calculated

as any open unoccupied area remaining after

the dwelling spaces, buildings, roadways or

streets, parking areas and the ten (10) foot

permanent perimeter areas have been deducted.

This open space shall be sodded and/or

landscaped or otherwise designed and made

available for recreational use.

 

(f) A central office or convenience establishment

with an attendant shall be provided within the

trailer camp to register guests and provide

service and supervision to the camp.

 

(g) The applicant for a travel trailer camp shall

submit a development plan to the Board of

Zoning Adjustment for approval. Such plan

shall contain the information as required

below and any other information the Board

reasonably shall deem necessary to fully

evaluate the proposed development. The

applicant shall submit the information on a

sheet size not to exceed 24" x 36" dimensions.

 

(1) Existing condition map showing:

 

(a) Legal description of proposed

property.

 

(b) Location drawing showing the

existing development within one-half

(1/2) mile radius of the proposed

location.

 

(c) Existing site plan indicating the

size of site, topography (not

greater than five (5) foot contour

intervals); right-of-way or easement

locations, size and identification

(water, gas, power, telephone, storm

sanitary sewer); existing

structures; tree masses; drainage

ways and any other unusual land

forms or features.

 

(d) Date prepared, scales and north

point.

 

(2) Proposed development plans showing:

 

(a) General layout of development with

dimension sizes, number of spaces

and related sanitation

accommodations.

 

(b) Parking area location, sizes and

capacity.

 

(c) Ingress and egress points for the

projects.

 

(d) Use of structures.

 

(e) General layout of typical travel

trailer spaces showing size of space

and proposed improvements.

 

(f) General layout of the required

common open space development

indicating location of recreational

areas and accessory convenience

establishment.

 

(g) Location of permanent open space to

be retained.

 

(h) Layout of roadway within the camp.

 

(i) Net density of proposed project,

expressed in terms of units per

acre.

 

(j) General landscaping plan indicating

all new and retained plant material

to be incorporated within the new

development and a layout of outdoor

lighting system.

 

(k) Plan and method of sewage disposal

and water supply.

 

(l) Location plan and number of proposed

sanitary conveniences, including

proposed toilets, washrooms,

laundries and utility areas.

 

(m) The development shall provide a

general refuse storage area or areas

which shall be provided with a paved

concrete surface and shall be

enclosed to screen it from view.

 

(h) The travel trailer camps shall be planned and

constructed in accordance with the minimum

standards as established in this Section and

as outlined below:

 

(1) All parking areas and roadways shall be

constructed and paved with a hard surface

bituminous or concrete material.

 

(2) All camps shall be provided with general

outdoor lighting with a minimum of

0.3-foot candles of general illumination.

 

(3) All yard areas and other open spaces not

otherwise paved or occupied by structures

shall be sodded and/or landscaped and

shall be maintained.

 

12. IN DISTRICT RA, UNDERGROUND MINES OR QUARRIES, or

use of such underground mined-out areas for uses

not otherwise permitted, provided the following

conditions are met:

 

(a) All surface access to such underground mine or

quarry is from within a District M-2. All
surface access to uses in any existing

mined-out area is from within a district in

which such use is permitted.

 

(b) Surface and subsurface rights are in single

ownership or under unified control or surface

rights are dedicated to public use and

subsurface rights alone are retained for

mining and subsequent use.

 

(c) No activities shall be conducted upon the

surface of such mine or mined-out area other

than as permitted in District RA.

 

(d) Exhaust air vents, air shafts or other surface

features necessary and incidental to the

underground operation shall be enclosed on

four (4) sides to a height of at least eight

(8) feet. No noxious gas or fumes shall

emanate from any exhaust air vent on the

surface of such mine or mined-out area. Such

facilities shall observe the height and yard

requirements of District R-4.

 

(e) A plan of operation indicating the extent of

the area proposed to be mined, accompanied by

profiles describing any proposed subsequent

use of the mined-out areas, shall be included

with the site plan submitted to the Board.

 

 

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 of Kansas City, Missouri, the amendment in the foregoing ordinance was duly advertised and public hearings were held.

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney