SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 100299, AS AMENDED
Amending Chapter 88, Zoning and
Development Code, by repealing Tables 110-1, 120-1, 130-1, and 140-1, and
Section 88-805-06 and replacing said tables and section with tables and a
section of like number and title, changing the section number for Wireless Communication
Facility, and adding a new Section 88-312, Agriculture, all to provide for and
regulate urban agriculture; and directing the City Manager to make certain
reports to the Council regarding this ordinance.
WHEREAS, Kansas City, through the adoption of
the Climate Protection Plan in 2008, has committed to being a Green City; and
WHEREAS, said plan included recommendations to
“promote residential neighborhood food production” and to “create urban
agriculture zoning to foster fruit and vegetable production as well as
small-scale animal husbandry on vacant land and lots within neighborhoods,”
and
WHEREAS, all residents of the city should have
access to healthy food that is reasonably priced; and
WHEREAS, the City desires to create local employment
opportunities, particularly in the field of green infrastructure, and
WHEREAS, urban agriculture can
return underused urban spaces to being productive land uses: and
WHEREAS, urban agriculture
reduces the need for transportation, processing, packaging and refrigeration of
food grown elsewhere and transported into the city; and
WHEREAS, urban agriculture
offers opportunities for urban residents, especially children, to learn about
the principles of environmental sustainability, ecology, biology, plants, and
insects; and
WHEREAS, other cities across the country are
adopting legislation to further urban agriculture; and
WHEREAS, although urban agriculture can bring
many benefits to the City, there is a need to regulate such land uses to
protect neighborhoods, prevent nuisances, protect property values, protect the
environment, and ensure the health and safety of the City’s residents; NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 88, Zoning and Development Code, by repealing Tables 110-1, 120-1,
130-1, and 140-1, and Section 88-805-06 and replacing said tables and section
with tables and section of like number and title, adding a new section
88-805-07, Wireless Communication Facility (which makes no substantive changes
but rather renumbers the section from 88-805-06-C), and adding a new Section
88-312, Agriculture, to read as follows:
Table 110-1
Residential Districts Use Table
U S E G R O U P
|
|
Z O N I N G
D I S T R I C T
|
|
Use
Standards
|
Use Category
└specific use type
|
|
R
80
|
R
10
|
R
7.5
|
R
6
|
R
5
|
R
2.5
|
R
1.5
|
R
0.5
|
R
0.3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
R E S I D E N
T I A L
|
|
|
|
|
|
|
|
|
|
|
|
|
Household Living
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-110-06-C
|
Group Living (except as
noted below)
|
|
–
|
–
|
–
|
–
|
–
|
–
|
S
|
S
|
S
|
|
88-350
|
└Group homes
|
|
–
|
–
|
–
|
–
|
–
|
–
|
P
|
P
|
P
|
|
88-350
|
└Nursing home
|
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
|
88-350
|
P U B L I C / C I V I C
|
|
|
|
|
|
|
|
|
|
|
|
|
College/University
|
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
|
88-365
|
Day Care
|
|
|
|
|
|
|
|
|
|
|
|
|
└Home-based (1–4)
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
└Family (5–10)
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-330-01
|
└Group(11–20)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
|
88-330-02
|
└Center (21+)
|
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
Detention and Correctional Facilities
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
88-335
|
Hospital
|
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
S
|
S
|
|
|
Library/Museum/Cultural Exhibit
|
|
P/S
|
–
|
–
|
–
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
|
88-365
|
Park/Recreation
|
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
|
88-365
|
Religious Assembly
|
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
|
88-365
|
Safety Service (except as
noted below)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
88-365
|
└Fire station
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-365
|
└Police station
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-365
|
School
|
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
|
88-365
|
Utilities and Services(except as
noted below)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
└Basic, minor
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
C O M M E R C
I A L
|
|
|
|
|
|
|
|
|
|
|
|
|
Entertainment and Spectator Sports
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
Funeral and Interment Service
|
|
|
|
|
|
|
|
|
|
|
|
88-345
|
└Cemetery/columbarium/mausoleum
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
88-345
|
└Crematory
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
88-345
|
└Undertaking
|
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
S
|
S
|
|
88-345
|
Lodging
|
|
|
|
|
|
|
|
|
|
|
|
|
└Bed and breakfast
|
|
S
|
–
|
–
|
–
|
S
|
S
|
S
|
S
|
S
|
|
88-320
|
└Recreational vehicle park
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
Neighborhood-serving retail
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
88-360
|
Office, Administrative, Professional
or General
|
|
–
|
–
|
–
|
–
|
–
|
–
|
S
|
S
|
S
|
|
|
Reuse of officially designated
historic landmark (local or national)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
Sports and Recreation, Participant
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
I N
D U S T R I A L
|
|
|
|
|
|
|
|
|
|
|
|
|
Mining and Quarrying
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
Waste-Related Use (except as
noted below)
|
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
|
└Demolition debris landfill
|
|
S
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
88-380
|
A G R I C U L
T U R A L
|
|
|
|
|
|
|
|
|
|
|
|
|
Agriculture, Crop
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-312-01
|
Agriculture, Animal
|
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
|
*Chapter 14
|
Agriculture, Urban
|
|
|
|
|
|
|
|
|
|
|
|
|
└Home Garden
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-312-02-A
|
└Community Garden
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-312-02-B
|
└Community Supported
Agriculture
(CSA) Farm
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
88-312-02-C
|
A C C E S S O
R Y S E R V I C E S
|
|
|
|
|
|
|
|
|
|
|
|
|
Wireless Communication Facility
|
|
|
|
|
|
|
|
|
|
|
|
|
└Freestanding
|
|
P
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
88-385
|
└Co-located antenna
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
88-385
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table
120-1
Office, Business
and Commercial Districts Use Table
U S E G R O U P
|
|
Z O N I N G
DISTR I C T
|
|
|
Use Category
└specific use type
|
|
O
|
B1
|
B2
|
B3
|
B4
|
|
Use
Standards
|
|
|
|
|
|
|
|
|
|
R E S I D E N
T I A L
|
|
|
|
|
|
|
|
|
Household Living
|
|
|
|
|
|
|
|
|
└In single-purpose
residential building
|
|
–
|
P
|
P
|
P
|
P
|
|
|
└above ground floor (in
mixed-use building)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Group Living
|
|
P
|
P
|
P
|
P
|
P
|
|
|
P U B L I C / C I V I C
|
|
|
|
|
|
|
|
|
College/University
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Day Care
|
|
|
|
|
|
|
|
|
└Home-based (1–4)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Family (5–10)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Group(11–20)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Center (21+)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Hospital
|
|
S
|
–
|
–
|
P
|
P
|
|
|
Library/Museum/Cultural Exhibit
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Park/Recreation
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Religious Assembly
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Safety Service
|
|
|
|
|
|
|
|
|
└Fire station
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Police station
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Ambulance service
|
|
S
|
S
|
S
|
P
|
P
|
|
|
School
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Utilities and Services(except as
noted below)
|
|
S
|
S
|
S
|
S
|
S
|
|
|
└Basic, minor
|
|
P
|
P
|
P
|
P
|
P
|
|
|
C O M M E R C
I A L
|
|
|
|
|
|
|
|
|
Adult Business
|
|
|
|
|
|
|
|
|
└Adult media store
|
|
–
|
–
|
P
|
P
|
P
|
|
88-310-03
|
└Adult motion picture theater
|
|
–
|
–
|
–
|
P
|
P
|
|
88-310-02
|
└Sex shop
|
|
–
|
–
|
–
|
P
|
P
|
|
88-310-02
|
Animal Service
|
|
|
|
|
|
|
|
|
└Sales and grooming
|
|
–
|
P
|
P
|
P
|
P
|
|
88-315
|
└Shelter or boarding
|
|
–
|
–
|
P
|
P
|
P
|
|
88-315
|
└Veterinary
|
|
–
|
–
|
P
|
P
|
P
|
|
88-315
|
└Stable
|
|
–
|
–
|
–
|
–
|
S
|
|
88-315
|
Artist Work or Sales Space
|
|
–
|
P
|
P
|
P
|
P
|
|
|
Building Maintenance Service
|
|
–
|
–
|
–
|
P
|
P
|
|
|
Business Equipment Sales and Service
|
|
–
|
–
|
P
|
P
|
P
|
|
|
Business Support Service(except as noted below)
|
|
–
|
–
|
P
|
P
|
P
|
|
|
└Day labor employment agency
|
|
–
|
–
|
–
|
–
|
S
|
|
88-331
|
Communications Service Establishments
|
|
P
|
–
|
P
|
P
|
P
|
|
|
Drive-Through Facility
|
|
–
|
–
|
P
|
P
|
P
|
|
88-340
|
Eating and Drinking Establishments(except as noted below)
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Tavern or nightclub
|
|
–
|
–
|
P
|
P
|
P
|
|
|
Entertainment and Spectator Sports
|
|
|
|
|
|
|
|
|
└Indoor small venue (1–149
capacity)
|
|
–
|
–
|
S
|
P
|
P
|
|
|
└Indoor medium venue (150–499
capacity)
|
|
–
|
–
|
–
|
P
|
P
|
|
|
└Indoor large venue (500+
capacity)
|
|
–
|
–
|
–
|
S
|
P
|
|
|
└Outdoor (all sizes)
|
|
–
|
–
|
–
|
S
|
P
|
|
|
Financial Services(except as noted below)
|
|
S
|
P
|
P
|
P
|
P
|
|
|
└Check-cashing, short-term
loan/title loan establishment
|
|
–
|
–
|
S
|
S
|
S
|
|
88-325
|
└Pawn shop
|
|
–
|
–
|
S
|
S
|
P
|
|
|
Food and Beverage Retail Sales
|
|
–
|
P
|
P
|
P
|
P
|
|
|
Funeral and Interment Service
|
|
|
|
|
|
|
|
|
└Cemetery/columbarium/mausoleum
|
|
S
|
S
|
S
|
S
|
S
|
|
88-345
|
└Cremating
|
|
–
|
S
|
S
|
S
|
S
|
|
88-345-02
|
└Undertaking
|
|
–
|
S
|
P
|
P
|
P
|
|
88-345
|
Gasoline and Fuel Sales
|
|
–
|
S
|
S
|
S
|
P
|
|
|
Lodging
|
|
|
|
|
|
|
|
|
└Bed and Breakfast
|
|
–
|
P
|
P
|
P
|
P
|
|
|
└Hotel/motel
|
|
–
|
–
|
–
|
P
|
P
|
|
|
└Recreational vehicle park
|
|
–
|
–
|
–
|
S
|
S
|
|
|
Office, Administrative, Professional
or General
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Office, Medical
|
|
P
|
P
|
P
|
P
|
P
|
|
|
└Blood/plasma center
|
|
–
|
–
|
–
|
S
|
S
|
|
|
Parking, Non-accessory
|
|
–
|
–
|
S
|
P
|
P
|
|
|
Personal Improvement Service
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Repair or Laundry Service, Consumer
|
|
–
|
P
|
P
|
P
|
P
|
|
|
Research Service
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Retail Sales
|
|
–
|
P
|
P
|
P
|
P
|
|
|
Sports and Recreation, Participant
|
|
|
|
|
|
|
|
|
└Indoor
|
|
–
|
P
|
P
|
P
|
P
|
|
|
└Outdoor
|
|
–
|
–
|
–
|
P
|
P
|
|
|
Vehicle Sales and Service(except as noted below)
|
|
–
|
–
|
–
|
P
|
P
|
|
|
└Car wash/cleaning service
|
|
–
|
–
|
S
|
P
|
P
|
|
|
└Heavy equipment sales/rental
|
|
–
|
–
|
–
|
S
|
P
|
|
|
└Light equipment sales/rental
(indoor)
|
|
–
|
–
|
P
|
P
|
P
|
|
|
└Light equipment sales/rental
(outdoor)
|
|
–
|
–
|
S
|
S
|
P
|
|
|
└Motor vehicle repair,
limited
|
|
–
|
–
|
S
|
P
|
P
|
|
|
└Motor vehicle repair,
general
|
|
–
|
–
|
–
|
S
|
P
|
|
|
└Vehicle storage/towing
|
|
–
|
–
|
–
|
–
|
P
|
|
88-375
|
I N D U S T R
I A L
|
|
|
|
|
|
|
|
|
Manufacturing, Production and
Industrial Service
|
|
|
|
|
|
|
|
|
└Artisan
|
|
–
|
–
|
–
|
–
|
P
|
|
|
└Limited
|
|
–
|
–
|
–
|
–
|
S
|
|
|
└General
|
|
–
|
–
|
–
|
–
|
S
|
|
|
Recycling Service
|
|
|
|
|
|
|
|
|
└Limited
|
|
–
|
–
|
–
|
–
|
S
|
|
|
Residential Storage Warehouse
|
|
–
|
–
|
–
|
-
|
P
|
|
|
Warehousing, Wholesaling, Freight
Movement
|
|
|
|
|
|
|
|
|
└Indoor
|
|
–
|
–
|
–
|
–
|
P
|
|
|
└Outdoor
|
|
–
|
–
|
–
|
–
|
–
|
|
|
A G R I C U L
T U R A L
|
|
|
|
|
|
|
|
|
Agriculture, Crop
|
|
P
|
P
|
P
|
P
|
P
|
|
88-312-01
|
Agriculture, Animal
|
|
P/*
|
P/*
|
P/*
|
P/*
|
P/*
|
|
*Chapter
14
|
Agriculture, Urban
|
|
|
|
|
|
|
|
|
└Home Garden
|
|
P
|
P
|
P
|
P
|
P
|
|
88-312-02-A
|
└Community Garden
|
|
P
|
P
|
P
|
P
|
P
|
|
88-312-02-B
|
└Community
Supported Agriculture (CSA) Farm
|
|
P
|
P
|
P
|
P
|
P
|
|
88-312-02-C
|
A C C E S S O
R Y S E R V I C E S
|
|
|
|
|
|
|
|
|
Wireless Communication Facility
|
|
|
|
|
|
|
|
|
└Freestanding
|
|
–
|
–
|
P
|
P
|
P
|
|
88-385
|
└Co-located antenna
|
|
P
|
P
|
P
|
P
|
P
|
|
88-385
|
Table
130-1
Downtown
Districts Use Table
U S E G R O
U P
|
|
Zoning
District
|
|
Use Standard
|
Use Category
└specific use type
|
|
DC
|
DX
|
DR
|
|
|
|
|
|
|
|
|
R E S I D E N
T I A L
|
|
|
|
|
|
|
Household Living
|
|
|
|
|
|
|
└In single-purpose
residential building
|
|
P
|
P
|
P
|
|
|
└above ground floor (in
mixed-use building)
|
|
P
|
P
|
P
|
|
|
Group Living
|
|
S
|
S
|
S
|
|
|
P U B L I C / C I V I C
|
|
|
|
|
|
|
College/University
|
|
P
|
P
|
P
|
|
|
Day Care
|
|
|
|
|
|
|
└Home-based (1–4)
|
|
P
|
P
|
P
|
|
|
└Family (5–10)
|
|
P
|
P
|
P
|
|
|
└Group(11–20)
|
|
P
|
P
|
S
|
|
|
└Center (21+)
|
|
P
|
P
|
S
|
|
|
Hospital
|
|
S
|
S
|
S
|
|
|
Library/Museum/Cultural Exhibit
|
|
P
|
P
|
P
|
|
|
Park/Recreation (except as
noted below)
|
|
P
|
P
|
P
|
|
|
└Community center
|
|
P
|
P
|
P/S
|
|
88-365
|
Religious Assembly
|
|
P
|
P
|
P
|
|
|
Safety Service
|
|
P
|
P
|
P/S
|
|
88-365
|
School
|
|
P
|
P
|
P/S
|
|
88-365
|
Utilities and Services(except as
noted below)
|
|
S
|
S
|
S
|
|
|
└Basic, minor
|
|
P
|
P
|
P
|
|
|
C O M M E R C
I A L
|
|
|
|
|
|
|
Adult Business
|
|
|
|
|
|
|
└Adult media store
|
|
P
|
P
|
–
|
|
88-310-03
|
└Adult motion picture theater
|
|
P
|
P
|
–
|
|
88-310-02
|
└Sex shop
|
|
P
|
P
|
–
|
|
88-310-02
|
Animal Service
|
|
|
|
|
|
|
└Sales and grooming
|
|
P
|
P
|
–
|
|
88-315
|
└Shelter or boarding
|
|
P
|
P
|
–
|
|
88-315
|
└Veterinary
|
|
P
|
P
|
–
|
|
88-315
|
└Stable
|
|
–
|
S
|
–
|
|
88-315
|
Artist Work or Sales Space
|
|
P
|
P
|
P
|
|
|
Building Maintenance Service
|
|
P
|
P
|
–
|
|
|
Business Equipment Sales and Service
|
|
P
|
P
|
–
|
|
|
Business Support Service(except as noted below)
|
|
P
|
P
|
–
|
|
|
└Day labor employment agency
|
|
–
|
S
|
–
|
|
|
Communications Service Establishments
|
|
P
|
P
|
–
|
|
|
Drive-Through Facility
|
|
S
|
S
|
–
|
|
88-340
|
Eating and Drinking Establishments(except as noted below)
|
|
P
|
P
|
P
|
|
|
└Tavern or nightclub
|
|
P
|
P
|
S
|
|
|
Entertainment and Spectator Sports
|
|
|
|
|
|
|
└Indoor small venue (1–149
capacity)
|
|
P
|
P
|
P
|
|
|
└Indoor medium venue (150–499
capacity)
|
|
P
|
P
|
S
|
|
|
└Indoor large venue (500+
capacity)
|
|
S
|
S
|
S
|
|
|
└Outdoor (all sizes)
|
|
S
|
S
|
S
|
|
|
Financial Services(except as noted below)
|
|
P
|
P
|
P
|
|
|
└Check-cashing, short-term
loan/title loan establishment
|
|
–
|
S
|
–
|
|
88-325
|
└Pawn shop
|
|
–
|
S
|
–
|
|
|
Food and Beverage Retail Sales
|
|
P
|
P
|
P
|
|
|
Funeral and Interment Service
|
|
|
|
|
|
|
└Cemetery/columbarium/mausoleum
|
|
–
|
–
|
–
|
|
88-345
|
└Cremating
|
|
–
|
–
|
–
|
|
88-345-02
|
└Undertaking
|
|
P
|
P
|
–
|
|
88-345
|
Gasoline and Fuel Sales
|
|
S
|
S
|
–
|
|
|
Lodging
|
|
|
|
|
|
|
└Bed and Breakfast
|
|
P
|
P
|
P
|
|
|
└Hotel/motel
|
|
P
|
P
|
S
|
|
|
Office, Administrative, Professional
or General
|
|
P
|
P
|
P
|
|
|
Office, Medical
|
|
P
|
P
|
–
|
|
|
└Blood/plasma center
|
|
S
|
S
|
–
|
|
|
Parking, Non-accessory
|
|
S
|
S
|
S
|
|
|
Personal Improvement Service
|
|
P
|
P
|
P
|
|
|
Repair or Laundry Service, Consumer
|
|
P
|
P
|
S
|
|
|
Research Service
|
|
P
|
P
|
–
|
|
|
Retail Sales
|
|
P
|
P
|
P
|
|
|
Sports and Recreation, Participant
|
|
|
|
|
|
|
└Indoor
|
|
P
|
P
|
S
|
|
|
└Outdoor
|
|
S
|
S
|
S
|
|
|
Vehicle Sales and Service (except as noted below)
|
|
S
|
S
|
–
|
|
|
└Car wash/cleaning service
|
|
S
|
S
|
–
|
|
|
└Heavy equipment sales/rental
|
|
–
|
S
|
–
|
|
|
└Light equipment sales/rental
(indoor)
|
|
S
|
S
|
–
|
|
|
└Light equipment sales/rental
(outdoor)
|
|
S
|
S
|
–
|
|
|
└Motor vehicle repair,
limited
|
|
S
|
S
|
–
|
|
|
└Motor vehicle repair,
general
|
|
–
|
S
|
–
|
|
|
└Vehicle storage/towing
|
|
–
|
S
|
–
|
|
|
I N D U S T R
I A L
|
|
|
|
|
|
|
Manufacturing, Production and
Industrial Service
|
|
|
|
|
|
|
└Artisan
|
|
P
|
P
|
–
|
|
|
└Limited
|
|
S
|
S
|
–
|
|
|
└General
|
|
–
|
S
|
–
|
|
|
Recycling Service
|
|
|
|
|
|
|
└Limited
|
|
–
|
S
|
–
|
|
|
Residential Storage Warehouse
|
|
–
|
S
|
–
|
|
|
Warehousing, Wholesaling, Freight
Movement
|
|
|
|
|
|
|
└Indoor
|
|
S
|
S
|
–
|
|
|
└Outdoor
|
|
–
|
S
|
–
|
|
|
A G R I C U L
T U R A L
|
|
|
|
|
|
|
Agriculture, Crop
|
|
P
|
P
|
P
|
|
88-312-01
|
Agricultural, Animal
|
|
–
|
P/*
|
–
|
|
*Chapter 14
|
Agriculture, Urban
|
|
|
|
|
|
|
└Home Garden
|
|
P
|
P
|
P
|
|
88-312-02-A
|
└Community Garden
|
|
P
|
P
|
P
|
|
88-312-02-B
|
└Community Supported
Agriculture (CSA) Farm
|
|
P
|
P
|
P
|
|
88-312-02-C
|
A C C E S S O
R Y S E R V I C E S
|
|
|
|
|
|
|
Wireless Communication Facility
|
|
|
|
|
|
|
└Freestanding
|
|
–
|
–
|
–
|
|
88-385
|
└Co-located antenna
|
|
P
|
P
|
P
|
|
88-385
|
Table
140-1
Manufacturing
Districts Use Table
U S E G R O
U P
|
|
Zoning
District
|
|
Use
Standards
|
Use Category
└specific use type
|
|
M1
|
M2
|
M3
|
M4
|
|
|
|
|
|
|
|
|
|
R E S I D E N
T I A L
|
|
|
|
|
|
|
|
Household Living
|
|
S
|
–
|
–
|
–
|
|
|
Group living
|
|
S
|
–
|
–
|
–
|
|
|
P U B L I C / C I V I C
|
|
|
|
|
|
|
|
College/University
|
|
P
|
P
|
–
|
–
|
|
|
Day Care
|
|
P
|
P
|
S
|
S
|
|
|
Detention and Correctional Facilities
|
|
S
|
S
|
S
|
S
|
|
88-335
|
Safety Service
|
|
P
|
P
|
P
|
P
|
|
|
Utilities and Services(except as
noted below)
|
|
S
|
S
|
S
|
S
|
|
|
└Basic, minor
|
|
P
|
P
|
P
|
P
|
|
|
C O M M E R C
I A L
|
|
|
|
|
|
|
|
Adult Business
|
|
|
|
|
|
|
|
└Adult media store
|
|
P
|
P
|
P
|
P
|
|
88-310
|
└Adult motion picture theater
|
|
P
|
P
|
P
|
P
|
|
88-310
|
└Sex shop
|
|
P
|
P
|
P
|
P
|
|
88-310
|
Animal Service
|
|
P
|
P
|
P
|
P
|
|
88-315
|
Artist Work or Sales Space
|
|
P
|
P
|
P
|
P
|
|
|
Building Maintenance Service
|
|
P
|
P
|
P
|
P
|
|
|
Business Equipment Sales and Service
|
|
P
|
P
|
P
|
P
|
|
|
Business Support Service(except as noted below)
|
|
P
|
P
|
P
|
P
|
|
|
└Day labor employment agency
|
|
S
|
S
|
P
|
P
|
|
|
Communications Service Establishments
|
|
P
|
P
|
P
|
P
|
|
|
Drive-through Facility
|
|
P
|
–
|
–
|
–
|
|
|
Eating and Drinking Establishments
|
|
P
|
P
|
P
|
P
|
|
|
Entertainment and Spectator Sports
|
|
P
|
S
|
S
|
–
|
|
|
Financial Services
|
|
P
|
S
|
S
|
S
|
|
|
Food and Beverage Retail Sales
|
|
P
|
P
|
P
|
P
|
|
Max 5K sq. ft.
|
Funeral and Interment Service
|
|
|
|
|
|
|
|
└Cemetery/columbarium/mausoleum
|
|
–
|
–
|
–
|
–
|
|
|
└Cremating
|
|
P
|
P
|
P
|
P
|
|
|
└Undertaking
|
|
P
|
P
|
P
|
P
|
|
|
Gasoline and Fuel Sales
|
|
P
|
P
|
P
|
P
|
|
|
Office, Administrative, Professional
or General
|
|
P
|
P
|
P
|
P
|
|
|
Office, Medical
|
|
P
|
P
|
–
|
–
|
|
|
Parking, Non-accessory
|
|
P
|
P
|
P
|
P
|
|
|
Personal Improvement Service
|
|
P
|
P
|
P
|
P
|
|
|
Repair or Laundry Service, Consumer
|
|
P
|
P
|
P
|
–
|
|
|
Research Service
|
|
P
|
P
|
P
|
P
|
|
|
Retail Sales
|
|
P
|
P
|
P
|
P
|
|
Max 5K sq. ft.
|
Sports and Recreation, Participant
|
|
P
|
S
|
S
|
–
|
|
|
Vehicle Sales and Service(except as noted below)
|
|
P
|
P
|
P
|
P
|
|
|
└Light equipment sales/rental
(indoor)
|
|
P
|
P
|
–
|
–
|
|
|
└Light equipment sales/rental
(outdoor)
|
|
P
|
P
|
–
|
–
|
|
|
I N D U S T R
I A L
|
|
|
|
|
|
|
|
Junk/Salvage Yard
|
|
–
|
–
|
S
|
P
|
|
|
Manufacturing, Production and
Industrial Service
|
|
|
|
|
|
|
|
└Artisan
|
|
P
|
P
|
P
|
P
|
|
|
└Limited
|
|
P
|
P
|
P
|
P
|
|
|
└General
|
|
S
|
P
|
P
|
P
|
|
|
└Intensive
|
|
–
|
–
|
–
|
P
|
|
|
Mining/Quarrying
|
|
S
|
S
|
S
|
S
|
|
88-355
|
Recycling Service
|
|
|
|
|
|
|
|
└Limited
|
|
P
|
P
|
P
|
P
|
|
|
└General
|
|
S
|
S
|
S
|
P
|
|
|
Residential Storage Warehouse
|
|
P
|
P
|
P
|
–
|
|
|
Warehousing, Wholesaling, Freight
Movement
|
|
|
|
|
|
|
|
└Indoor
|
|
P
|
P
|
P
|
P
|
|
|
└Outdoor
|
|
–
|
–
|
S
|
P
|
|
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Waste-related Use
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|
–
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–
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–
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S
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|
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└Demolition debris landfill
|
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S
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S
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S
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S
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88-380
|
└Solid waste separation
facility
|
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–
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–
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S
|
S
|
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88-380
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└Transfer station
|
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–
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–
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S
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S
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88-380
|
A G R I C U L
T U R A L
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|
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Agriculture, Crop
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P
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P
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P
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P
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88-312-01
|
Agriculture, Animal
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P/*
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P/*
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P/*
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P/*
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*Chapter 14
|
Agriculture, Urban
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|
|
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└Home Garden
|
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P
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P
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P
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P
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88-312-02-A
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└Community Garden
|
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P
|
P
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P
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P
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|
88-312-02-B
|
└Community Supported
Agriculture (CSA)
Farm
|
|
P
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P
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P
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P
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88-312-02-C
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A C C E S S O
R Y S E R V I C E S
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Wireless Communication Facility
|
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|
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└Freestanding
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P
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P
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P
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P
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88-385
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└Co-located antenna
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P
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P
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P
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P
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88-385
|
88-312. Agriculture
88-312-01. Crop Agriculture
88-312-01-A.
General
An area of land
managed and maintained by an individual or group of individuals to grow and
harvest food crops and horticultural products (including flowers, trees, and
bees and apiary products) for off-site sale in locations where retail sales are
an allowed use. Crop agriculture may be a principal or accessory use.
1. Crop Agriculture Standards
(a) Garden and farm-related buildings and structures must comply
with the accessory structure setback requirements that apply in the subject
zoning district (See 88-305). Crop areas must be set back at least 3 feet from
all property lines. The required setback must be covered with ground cover
plants, which may include grasses.
(b) The site must
be designed and maintained so that chemicals will not drain onto adjacent
property.
(c) On-site
sales of whole, uncut, fresh food and/or horticultural products grown on the crop
agriculture property are allowed on property zoned R-80.
2. Special Use Permit Required for On-Site
Sales
In residential zoning districts, except
R-80, on-site sales of whole, uncut, fresh food and/or horticultural products
grown on the crop agriculture property may be allowed if reviewed and approved
in accordance with the special use permit procedures of 88-525. A special use
permit shall not be issued unless all of the approval criteria in 88-525-09 are
satisfied.
88-312-02. Urban Agriculture
88-312-02-A. Home
Garden
A garden maintained by one
or more individuals who reside in a dwelling unit located on the subject
property. Food and/or horticultural products grown in the home garden may be
used for personal consumption, and only whole, uncut, fresh food and/or horticultural
products grown in a home garden may be donated or sold on-site within a
reasonable time of its harvest. The sales may only take place during the period
of May 15 through October 15. Row crops are not permitted in the front yard of
a residentially zoned and occupied property, except property zoned R-80, if
whole, uncut fresh food and/or horticultural products grown in the home garden
are donated or sold onsite. “Row crops” shall be defined as grain, fruit or
vegetable plants, grown in rows, which are 24 inches or more in height. “Row
crops” shall not mean cultivated or attended trees, bushes, or shrubbery less
than 6 feet in height, or trees in excess of 6 feet in height, and shall not
include grain, fruit or vegetable plants that are part of the front yard’s
borders, that extend no more than 5 feet from the side property lines or from
the front of the principal building. A home garden is an accessory use to a
principal residential use, and must comply with the lot and building standards
for its zoning district. On-site sales made in accordance with this section
shall not be considered to be commercial activity under this Code, and shall
not be subject to the restrictions for home occupations in 88-305-04. Section
88-10-08-C shall govern any conflict between the provisions of this section and
any private homeowner covenants or restrictions. Any area of land that is
managed and maintained in a manner that fits within the description of
Community Supported Agriculture in 88-312-02-C cannot be considered to be a
Home Garden.
88-312-02-B.
Community Garden
An area of land managed
and maintained by a group of individuals to grow and harvest food and/or
horticultural products for personal or group consumption or for sale or
donation. A community garden area may be divided into separate garden plots for
cultivation by one or more individuals or may be farmed collectively by members
of the group. A community garden may include common areas (e.g., hand tool
storage sheds) maintained and used by the group. The Community Garden must
comply with the lot and building standards for its zoning district. All chemicals and fuels shall be stored in an
enclosed, locked structure when the site is unattended. Community
garden group members may or may not reside on the subject property. Sales and
donation of only whole, uncut, fresh food and/or horticultural products grown
in the community garden may occur on-site on otherwise vacant property, but may
not occur on residentially zoned and occupied property, except property zoned
R-80. Row crops are not permitted in the front yard of a residentially zoned
and occupied property, except property zoned R-80, if whole, uncut fresh food
and/or horticultural products grown in the community garden are donated or sold
onsite. “Row crops” shall be defined as grain, fruit or vegetable plants,
grown in rows, which are 24 inches or more in height. “Row crops” shall not
mean cultivated or attended trees, bushes, or shrubbery less than 6 feet in
height, or trees in excess of 6 feet in height, and shall not include grain,
fruit or vegetable plants that are part of the front yard’s borders, that
extend no more than 5 feet from the side property lines or from the front of
the principal building. A community garden may be a principal or accessory
use. Any area of land that is managed and maintained in a manner that fits
within the description of Community Supported Agriculture in 88-312-02-C cannot
be considered to be a Community Garden.
88-312-02-C.
Community Supported Agriculture (CSA)
An area of land managed and maintained by an individual or group of
individuals to grow and harvest food and/or horticultural products for
shareholder consumption or for sale or donation. Under the CSA model,
shareholders arrange to work on the farm in exchange for a share of the food
and/or horticultural products grown on the CSA property and/or pay for a
portion of the food and/or horticultural products in advance. A CSA may be a
principal or accessory use. A CSA located in a residential zoning district,
except R-80, requires a special use permit issued in accordance with the
special use permit procedures of 88-525. A special use permit shall not be
issued unless all of the approval criteria in 88-525-09 are satisfied. The
permit is also subject to the following additional standards.
1. Community Supported Agriculture (CSA) Standards
(a)
Garden and farm-related buildings and structures must comply with the
accessory structure setback requirements that apply in the subject zoning
district (See 88-305). Farmed areas must be set back at least 3 feet from all
property lines. The required setback must be covered with ground cover plants,
which may include grasses.
(b)
Row crops are not permitted in the front
yard of a residentially zoned and occupied property, except property
zoned R-80, if whole, uncut fresh food and/or horticultural products grown on
the CSA property are donated or sold onsite. “Row crops” shall be defined as
grain, fruit or vegetable plants, grown in rows, which are 24 inches or more in
height. “Row crops” shall not mean cultivated or attended trees, bushes, or
shrubbery less than 6 feet in height, or trees in excess of 6 feet in height,
and shall not include grain, fruit or vegetable plants that are part of the
front yard’s borders, that extend no more than 5 feet from the side property
lines or from the front of the principal building.
(c)
The CSA must comply with the lot and building standards for its zoning
district.
(d)
Shareholders may pick up food and/or horticultural products grown on the
CSA property at the site and may work at the site.
(e)
The site must be designed and
maintained so that chemicals will not drain onto adjacent property.
(f)
Tractors, lawnmowers, and other
farm-related machinery in R-10 through R-0.3 residential districts must be
stored in an enclosed structure.
(g)
Interns and apprentices may be
allowed to work on the CSA property.
(h)
All chemicals and fuels shall be
stored in an enclosed, locked structure when the site is unattended.
(i)
Synthetic pesticides or herbicides
may be applied only in accordance with state and federal regulations.
(j)
Sales and donation of only whole, uncut, fresh food and/or
horticultural products grown on the CSA property may be allowed.
(k)
Reasonable conditions for the operation of the CSA may be
imposed.
(l)
The permit may be granted for an
initial period of one year. Subsequent renewals may be allowed for up to 5
years if the CSA has complied with all of the requirements of the permit for
the previous permit period.
(m)
Section 88-10-08-C shall govern
any conflict between the provisions of this section and any private homeowner
covenants or restrictions.
88-312-02-D. Private Nuisance Actions.
Nothing herein is intended to preclude any person from filing a private
nuisance action against an offensive agricultural use.
88-312-03 Signage for
Agricultural Sales
One temporary
sign advertising only food or horticultural products grown on-site may be
displayed during sales. The sign must be on-site, unilluminated, and must not
exceed 6 square feet in area or 3 feet in height.
88-805-06. agricultural Use Group
The agricultural use group includes the
following:
88-805-06-A. Agriculture,
Crop
The use of land for the production of
row crops, field crops, tree crops, timber, bees, apiary products, or
fur-bearing animals.
88-805-06-B. Agriculture,
Animal
The feeding, breeding, raising or
holding of cattle, swine, poultry or other livestock, whether held in a
confinement area or open pasture.
88-805-06-C.
AGRICULTURE, URBAN
A home garden,
community garden, or community supported agriculture (CSA) farm.
1. Home Garden
A garden
maintained by one or more individuals who reside in a dwelling unit located on
the subject property to grow and harvest food and/or horticultural products for
personal consumption or for sale or donation. Any area of land that is managed
and maintained in a manner that fits within the description of Community
Supported Agriculture cannot be considered to be a Home Garden.
2. Community Garden
An area of land
managed and maintained by a group of individuals to grow and harvest food and/or
horticultural products for personal or group consumption or for sale or
donation. Any area of land that is managed and maintained in a manner that
fits within the description of Community Supported Agriculture cannot be
considered to be a Community Garden.
3. Community Supported
Agriculture (CSA)
An area of land managed and maintained by an individual or group of
individuals to grow and harvest food and/or horticultural products for
shareholder consumption or for sale or donation.
88-805-07. accessory services
88-805-07-a. Wireless
Communication Facility
Facilities related to the use of the
radio frequency spectrum for the purposes of transmitting or receiving radio
signals, and may include, but is not limited to radio towers, television
towers, telephone exchanges, micro-wave relay towers, telephone transmission
equipment buildings, commercial mobile radio service facilities or other
personal wireless services (such as cellular, personal communication service
[PCS], paging, specialized mobile radio [SMR], and other similar services).
This use category includes all associated equipment unless the written context
clearly indicates that another meaning is intended. The term “associated
equipment” is to be read broadly and in context. Associated equipment may include,
but is not limited to: antenna, equipment shelter or platform, lighting,
monopole tower, mounting hardware, supporting electrical or mechanical
equipment, access road, and guy system.
1.
Co-located Facility
A wireless telecommunication facility
that is attached to an existing pole, tower, or other structure including, but
not limited to, a structure that can accommodate the future installation of 2
or more antenna systems.
2.
Freestanding Facility
A new tower, monopole, or other
unattached structure erected to support wireless communication antennas and
connecting appurtenances.
Section 2. That
the City Manager is directed to submit a report to the Council six months after
the effective date of this ordinance, and again eighteen months after the
effective date, detailing the permits issued under this ordinance, any
complaints or known successes from this ordinance, and recommending any changes
to this ordinance suggested by the City’s experiences with urban agriculture
during those periods.
______________________________________
I hereby certify
that as required by Chapter 88, 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