THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991274

 

Amending Chapter 80, Code of Ordinances, by repealing Sections 80-20, Definitions, 80-111, Uses permitted in CP district, 80-140, District C-2 (local retail business), and 80-212, Conditional uses permitted for limited time, and enacting in lieu thereof new sections of like numbers and subject matters.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 80-20, Definitions, 80-111, Uses permitted in CP district, 80-140, District C-2 (local retail business), and 80-212, Conditional uses permitted for limited time, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

Sec. 80-20. Definitions.

 

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Accessory use or building means a use or building customarily incident and subordinate to the then actual use or building and located on the same lot with the actual principal use or building.

 

Adult business is an inclusive term used to describe collectively: adult cabaret; adult motion picture theatre; adult media store; bathhouse; massage shop; modeling studio; and/or sex shop. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of Section 80-230 or other provisions of the zoning code or other applicable ordinances.

 

Adult cabaret means an adult live entertainment facility, or that part of an adult live entertainment facility, which regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

 

Adult media means magazines, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

 

Adult media store means an establishment that rents and/or sells adult media and that meets any of the following tests:

 

(a) More than forty percent (40%) of the gross public floor area is devoted to adult media; or

 

(b) More than forty percent (40%) of the stock in trade consists of adult media; or

 

(c) A media store which advertises or holds itself out in any forum as XXX, adult, sex or otherwise as an adult business.

 

Adult motion picture theater means a building or portion of a building (including any portion of a building which contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

 

Alley means a public way which affords only secondary access to abutting property.

 

Amusement park, children's means a group of not more than 12 amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three acres, which area shall include provisions for off-street parking.

 

Apartment hotel means an apartment house which furnishes services for the use of its tenants which are not primarily available to the public.

 

Apartment house means a building arranged, intended or designed at the time of original construction to be occupied by three or more families.

 

Attached accessory building means a building which has at least 25 percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

Auto wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

Banks, savings and loan associations, or other financial institutions. Banks means an establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. Savings and loan associations means an establishment that is engaged in the business as a savings and loan association and is federally chartered or state chartered. Other financial institutions means a credit union which is engaged in the business as a credit union and is state chartered or a mortgage company which is an establishment engaged in the business of providing loans as a principal part of its operation which are secured by an interest in real property as collateral for the loan.

 

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the state.

 

Block means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The director of codes administration shall decide any question regarding the limits or extent of a block.

 

Board means the board of zoning adjustment.

 

Boarder means any person who, in exchange for valuable consideration, receives the use of a sleeping room and meals.

 

Boardinghouse means a building other than a hotel, where room and meals are provided as part of a prearranged agreement.

 

Book store is defined as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, book store means a retail store offering for sale or rent books, magazines or other printed material for consumption or enjoyment off the premises, provided that any store in which material falling within the definition of adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for book stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

 

Building coverage means the percentage of the lot area covered by the building area.

 

Building line means a line parallel to the front street line, between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

Chapter means the zoning ordinance, chapter 80, Code of Ordinances of the City of Kansas City, Missouri.

 

Check-cashing establishment means a business engaged in cashing checks for members of the general public as a principal purpose of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter.

 

Collector street means a street which carries traffic from minor streets to the major system of arterial streets and highways and includes the principal entrance streets to residential developments.

Community unit project means a residential building project of unlimited number of buildings on any size tract of land.

 

Converted dwelling means any residential building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for three or more families.

 

Curb level means the mean level of the curb in front of the lot, or, in case of a corner lot, along the abutting street where the mean curb is the highest.

 

Day care facility means an establishment or business, licensed or registered with any applicable regulatory agency, which provides supervision or facilities for preschool children or provides before or after or summer care for school-age children.

 

Director of codes administration means the chief building official. The director is also occasionally referred to in this chapter as the commissioner of buildings and inspections.

 

Duplex means a building designed or used exclusively for residential purposes and containing two dwelling units separated by a common party wall or otherwise structurally attached.

 

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

 

Dwelling, multiple means a building or portion thereof designed for three or more dwelling units.

 

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy by one family and provided with sanitation and cooking facilities.

 

Family means an individual; or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen; or a group of eight or fewer unrelated mentally retarded or physically handicapped persons, including two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons in residence.

 

Floor area means the sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

Floor area ratio (FAR) means the ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

Garage, community means a building or portion thereof, other than a public or private garage, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

Garage, private means an accessory building for the storage only of motor vehicles.

 

Garage, public means a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theatres, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled public), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.

 

Group housing project means a residential building project consisting of four or fewer buildings on a tract or lot consisting of three or less acres.

 

Halfway house means a facility for rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are considered to be substance abusers; or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

 

Height of buildings means the vertical distance measured from the highest of the following three levels:

 

(1) From the curb level;

 

(2) From the established or mean street grade in case the curb has not been constructed; or

 

(3) From the average finished ground level adjoining the building if it sits back from the street line;

 

to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot and to the mean height level of the top of the main plate and highest ridge for other roofs.

 

Home occupation means any occupation of a service character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling, which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade or no commodity for sale shall be kept on the premises.

Homeless shelter means a charitable facility operated by either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

Hotel means a building occupied or used generally as a temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 15 sleeping rooms, and no provision is made for cooking in any individual guestroom.

 

Incinerator means a solid waste processing facility consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

Junk handling yard means a place where waste, discarded or salvaged metals, used plumbing fixtures and other materials are bought, sold, exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, or used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

Lodger means any person who, in exchange for valuable consideration, receives the use of a sleeping room without meals or cooking privileges.

 

Lodginghouse means a building, other than a hotel, where a room without meals or cooking privileges for five or more persons is provided for compensation.

 

Lot means a plot, parcel or tract of land with frontage on a street occupied or proposed to be occupied by one building or uses customarily incident to it.

 

Lot area means the area contained within the property lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

Lot, corner means a lot abutting upon two or more streets at their intersection.

 

Lot depth means the mean horizontal distance from the front street line to the rear line of a lot.

 

Lot, interior means a lot whose side lines do not abut a street.

 

Lot, through means an interior lot having frontage on two streets and distinguished from a corner lot.

 

Lot width means the mean horizontal distance between the side lines of the lot measured at right angles to the depth.

 

Major thoroughfare (street) means streets having, as their primary purpose, to provide for through traffic movement between areas and across the city, and having, as their secondary purpose, direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the major street plan as primary or secondary arterials.

 

Marquee means any hood of noncombustible construction projecting more than 12 inches from the wall of a building above an entranceway and having a roof area greater than 12 square feet.

 

Massage shop means an establishment which has a fixed place of business having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of, external parts of the human body with the hands or with the aid of any mechanical, electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity provided that this term shall not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.

 

Materials recovery facility means a facility where source-separated materials are separated and processed, but such operations shall not include auto wrecking and junk handling.

 

Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, digital video discs, other magnetic media, and undeveloped pictures.

 

Media store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In that context, media store means a retail store offering media for sale or rent for consumption or enjoyment off the premises; provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for media stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area. This definition intentionally includes and is intentionally broader than the definition of book store and video store.

 

Mobile home means a factory-built structure more than eight feet in width and 32 body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation.

 

Mobile home development means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long term accommodation of more than 30 days for placement of two or more mobile homes, and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

Modeling studio means an establishment or business which provides the services of modeling for the purposes of reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing or otherwise.

 

Motel means a motorist's hotel where no portion of the building exceeds two stories in height and where at least 50 percent or more of the guestrooms are on the ground floor level and open directly on a private roadway or court.

 

Motion picture arcade booth means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd rom, books, magazines or periodicals) for observation by patrons therein. The terms booth, arcade booth, preview booth, video arcade booth, and media room shall be synonymous with the term motion picture arcade booth. A motion picture arcade booth shall not mean a theater, moviehouse, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy a motion picture arcade booth at any time. Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Motion picture arcade booth establishment is any business wherein one or more motion picture arcade booths are located. The terms establishment and video arcade shall be synonymous with motion picture arcade booth establishment. Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Museum means any government or non-profit institution devoted to the procurement, care and display of objects of lasting interest or value which is open to the general public.

 

Nonconforming use, yard or building means a use, yard or building that does not comply with the regulations of the district in which it is situated.

 

Off-street parking space means a paved area to which an automobile has direct access from a paved aisle of sufficient width.

 

Operator means any person operating, conducting or maintaining an adult business.

 

Primary live entertainment means that entertainment which characterizes the business, as determined (if necessary) from a pattern of advertising as well as actual performances.

 

Private club means a building and necessary grounds used for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

Public display describes the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others, or from any portion of the persons store or property where items and material other than adult media are offered for sale or rent to the public.

 

Public park means any city, county, state or federal public park.

 

Row house means a row of three or more attached dwelling units, also known as a townhouse.

 

Sadomasochistic practices means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

 

Sex shop means a business offering goods for sale or rent and that meets any of the following tests:

 

(a) It offers for sale items from any two (2) of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or

 

(b) More than five percent (5%) of the stock in trade of the business consists of sexually-oriented toys or novelties; or

 

(c) More than five percent (5%) of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

 

Sexually-oriented toys or novelties means instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

 

Short-term loan establishment means a business engaged in providing short-term loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Short-term loan establishments shall include businesses offering payday loans, signature loans, small loans, and other similar loans but do not include pawnshops or title loan establishments.

 

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

Sign, advertising copy. The term "advertising copy," as used in this chapter, means all letters, numbers and symbols constituting an advertising message.

 

Sign, animated means any sign with moving, rotating (other than on a vertical axis) or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises, which relies upon wind currents to create movement or the illusion of movement.

 

Sign, business advertising means an on-premises sign, other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

Sign, changeable copy panel means any panel which is characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

Sign, flat wall or fascia means a sign which is either painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than 12 inches from the wall and presents only one face with advertising copy to the public.

 

Sign, freestanding means a sign which is supported by one or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

Sign, gross area of means the smallest square, rectangle, triangle, circle or combination thereof necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided in this chapter, each face of a double-faced sign shall be computed and added to determine the gross area. This calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

Sign, incidental means a sign which guides or directs pedestrian or vehicular traffic.

 

Sign, outdoor advertising means an off-premises sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

Sign, roof means a sign, any part of which extends above the low point of a roof or parapet wall of a building and which is wholly or partially supported by the building.

 

Sign structure means a structure which ordinarily serves no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

Sign, temporary means a sign, directing attention to a temporary condition, including "for sale," "for rent," "for lease" or similar temporary real estate signs, but not including other business or outdoor advertising signs; signs identifying construction projects, including names of persons or firms engaged in the project; and signs for temporary uses of land such as carnivals, circuses or fairs, wherever such temporary uses are permitted. Temporary signs shall also include banners, pennants and unofficial flags, except those mounted upon permanent staffs, commemorating or drawing attention to a temporary activity, and signs of a political nature pertaining to public elections, including voting places.

 

Sign, tri-vision means a sign which, by the intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one message viewable at any one time.

 

Sign, under-marquee means a lighted or unlighted display attached to the underside of a marquee or canopy and protruding over private sidewalks or rights-of-way.

 

Solid waste separation facility means a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.

 

Specified anatomical areas means and includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

Specified sexual activities means sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual simulation or gratification, with a persons clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the states criminal code (RSMo ch. 573).

 

Stable, private means a detached accessory building for the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

Stable, riding means a structure in which horses, mules or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

Story means that part of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two of its opposite sides are situated in a sloping roof and the floor area of the attic does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

Street means a thoroughfare available to the public which affords the principal means of access to abutting property.

 

Street line means the dividing line between the street and the lot.

 

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.

 

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

 

Title loan establishments means a business engaged in providing title loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Title loans are defined as a transaction between a borrower and a lender for which the borrower pledges any titled personal property to the lender as security for a loan received from the lender.

 

Transfer station means a solid waste facility utilized as a central collection point at which solid waste from collection trucks or from a centralized location is placed in long haul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

Travel trailer means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit, would be considered examples of travel trailers.

 

Travel trailer camp means any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodation, up to and including

30 days or less, for placement of two or more travel trailer units, and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

Truck includes tractor and trailer trucks, or any motor vehicle which carries a truck license.

 

Used tire facility means a site where waste tires are collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

Video store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, video store means a retail store offering video cassettes, disks or other video recordings for sale or rent, provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for video stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

Yard, front means an open space, unoccupied except as provided in this chapter, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot shall be as follows:

 

(1) The front yard of a corner lot consisting of one platted lot shall be adjacent to that street on which the lot has its least dimension, unless there is a question as to which is the least dimension. When this question arises, the director of codes administration shall make the determination.

 

(2) If a corner lot consists of all or more than two platted parcels of land, each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard of this lot shall be on the same street as the other lots.

 

(3) If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard shall be on that street on which there front the greater number of lots, either platted or unplatted.

 

Any question as to the requirements for a corner lot set out in this definition shall be determined by the director of codes administration.

 

Yard, least dimension means the least of the horizontal dimensions at any level of such yard at such level.

 

Yard, rear means an open space, unoccupied except as provided in this chapter, on the same lot with a building, between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at a right angle to the rear line of the lot.

 

Yard, side means an open space, unoccupied except as provided in this chapter, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard. Any line not a rear line or a front line shall be deemed a side line.

 

Yard waste compost facility means a facility that processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

Sec. 80-111. Uses permitted in CP district.

 

In district CP, which is further divided into districts CP-1, CP-2 and CP-3, 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. District CP-1 (neighborhood planned business center).

 

1. Artists' studios.

 

2. Bakery or pastry shops, retail only, employing not more than five persons on the premises.

 

3. Banks.

 

4. Barbershops or beauty shops.

 

5. Bicycle repair shop.

 

6. Book or stationery stores.

 

7. Candy stores.

 

8. Children's day nurseries and day care centers.

 

9. Churches.

 

10. Clinics, for people only.

 

11. Clothing or read-to-wear stores.

 

12. Commercial radio and television broadcasting stations and transmitting stations and towers.

 

13. Dancing schools.

 

14. Drugstores.

 

15. Dry goods or notion stores.

 

16. Dyeing, dry cleaning or laundry collection offices.

 

17. Electrical shops.

 

18. Fix-it radio or television repair shops.

 

19. Florists' or gift shops.

 

20. Furniture homes or stores.

 

21. Garages (storage) for motor vehicles (no body or fender work).

 

22. Grocery, fruit or vegetable stores.

 

23. Hardware stores.

 

24. Jewelry stores.

 

25. Libraries.

 

26. Media stores.

 

27. Meat markets or delicatessens.

 

28. Music studios.

 

29. Offices, including ticket offices for railroad, steamship, bus and aviation lines.

 

30. Package liquor stores, if they comply with chapter 10.

 

31. Photographic studios or shops.

 

32. Plumbing shops, no tinwork or outside storage permitted.

 

33. Public parking lots or stations for passenger cars or taxicabs.

 

34. Restaurants, excluding drive-ins. The service of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants serving substantial quantities of food as contained in chapter 10.

 

35. Service stations, gasoline and oil, not including motor, body or fender repair work, and complying with the restrictions for such as given in chapter 18.

 

36. Shoe stores or shoe repair shops.

 

37. Stationary stores.

 

38. Tailor shops.

 

39. Video stores.

 

40. Other retail business activities of the character enumerated above not included in any other classifications.

 

b. District CP-2 local planned business center.

 

1. Any use permitted in district CP-1.

 

2. Adult media stores.

 

3. Auto laundries.

 

4. Automobile or trailer sales rooms.

 

5. Bakery or pastry shops, retail only.

 

6. Barbecue stands.

 

7. Bars and cocktail lounges, if they comply with chapter 10.

 

8. Billiard or pool halls and bowling alleys, if the nearest point of the property is more than 200 feet from the boundary of an R-1 to R-3 district, inclusive, unless the building is soundproofed and air conditioned.

 

9. Bus stations.

 

10. Business or commercial schools.

 

11. Cat and dog hospitals, when in a soundproof and air conditioned building without outside pens. No smoke or odor caused by the operation of this facility shall be perceptible at the boundaries of the premises. Performance of activities of the cat and dog hospital shall not create noise outside the soundproofed building in excess of that of normal daily traffic measured at the lot line.

 

12. Commercial photography.

 

13. Country club houses or private clubs subject to meeting all of the conditions and restrictions as provided in district R-1.

 

14. Drive-in restaurants, where persons are served in automobiles, when the nearest point of the property is more than 200 feet from the boundary of an R-1 to R-3 district, inclusive.

 

15. Dyeing and dry cleaning plants and shirt laundry services employing not over a total of ten production employees on the premises in any 24-hour period, exclusive of office and retail service personnel and delivery motor vehicle operators. Dry cleaning machinery having not more than a total capacity of 50 pounds may be used. Laundry washing equipment for shirt laundry service having not more than a total capacity of 100 pounds may be used. No dust, lint, noise, vibration or odor generated by the plant operation shall be perceptible from any adjoining premises. Only nonflammable, nonexplosive synthetic solvents shall be used.

 

16. Frozen food lockers for individual or family use.

 

17. Garages (public) for general motor or body repair work, provided the nearest point of the structure is more than 200 feet from the boundary of an R-1 to R-3 district, inclusive, and provided all work is done within the building. The city plan commission may recommend and the city council may permit garages for general motor or body repair work where shown on preliminary plans presented within less than 200 feet of the boundary of an R-1 to R-3 district, inclusive, provided the minimum yard requirements of this district are met and where topographic conditions are such that the garage is below the established grade of the nearest streets and no wall facing the periphery of the CP district other than a parapet wall extending not more than three feet above the finished grade or roof of the building shall be exposed above the ground level. All access to the garage shall be from within the interior of the CP district.

 

18. Ice cream stores.

 

19. Job printing, newspapers, lithographing and publishing, less than a total of five horsepower.

 

20. Launderettes, washaterias, or self-service laundries.

 

21. Loan and finance companies.

 

22. Nightclubs or taverns, if they comply with chapter 10.

 

23. Office buildings.

 

24. Package liquor stores, if they comply with chapter 10.

 

25. Pet shops, if entirely within a building.

 

26. Pony rings, provided the animals are stabled outside of the development, and when in connection with a day nursery.

 

27. Public parking stations for commercial delivery cars not exceeding three-quarter ton.

 

28. Service stations, gasoline and oil.

 

29. Short-term loan establishments provided that signage shall conform to Section 80-110(g)(5) and shall be further limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed.

30. Telephone exchanges.

 

31. Theaters and picture shows, other than drive-in.

 

32. Tire and battery shops.

 

33. Tourist courts and motels.

 

34. Wholesale sales offices and sample rooms.

 

c. District CP-3 (regional planned business center):

 

1. Any use permitted in district CP-2.

 

2. Adult motion picture theaters.

 

3. Battery stations.

 

4. Diaper service.

 

5. Drive-in businesses where persons are served in automobiles, such as refreshment stands, restaurants, food stores and the like, provided the nearest point of the property is more than 100 feet from the boundary of a residentially zoned (R-1 to R-3, inclusive) property.

 

6. Dyeing and dry cleaning plants and shirt laundry services employing not over a total of 15 production employees on the premises in any 24-hour period, exclusive of office and retail service personnel and delivery motor vehicle operators and when conforming otherwise to all other conditions and restrictions as provided for such used in district CP-2.

 

7. Garages, public, for general motor or body repair work, provided the nearest point of the structure is more than 100 feet from the boundary of an R-1 to R-3 district, inclusive, and provided all work is done within the building. The city plan commission may recommend and the city council may permit garages for general motor or body repair work where shown on preliminary plans presented within less than 100 feet of the boundary of an R-1 to R-3 district, inclusive, under the same conditions and restrictions as provided for such uses in district CP-2.

 

8. Hotels, when located to complement and serve a dominant regional activity or focal point, including but not limited to airports, sports complex and similar activities. Such focal points shall be oriented to the traveling public.

9. Manufacture of articles sold only at retail on the premises.

 

10. Miniature golf courses.

 

11. Newspapers, job printing, lithographing and publishing.

 

12. Parking stations for trucks and buses.

 

13. Photograph printing shops.

 

14. Plumbing or sheet metal shops, allowing punching of material of one-eighth inch or less in thickness.

 

15. Roller skating rinks.

 

16. Sign painting and sign shops.

 

17. Taxidermy.

 

18. Transfer and storage offices.

 

(2) Separation of adult businesses from other adult businesses. Not more than two adult businesses shall be located within 1,500 feet of each other (regardless of whether such uses are located in the same facility, separate facilities or different zoning districts) as measured in a straight line along street rights-of-way between the property lines of the two properties.

 

(3) Separation of adult businesses from certain other uses.

 

a. Types of adult businesses to which applicable. The adult businesses which shall be subject to the separation requirements of this subsection (3) are adult motion picture theatres and adult media stores.

 

b. Types of other uses to which applicable. The separation requirements of this subsection (3) shall apply to the relationship between the adult businesses specified in subparagraph (a) of this subsection (3), property zoned R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1, or GPR-2 for residential use; property containing a house of worship; property containing a public or licensed educational institution that serves persons younger than 18; property containing a day-care facility; a public park, property containing a community center, property containing a childrens amusement park; a library or museum, a recreation area or playground.

 

c. General location requirements. No adult business specified in paragraph (3)(a) shall be located on the same block with any of the types of property or uses specified in subparagraph (b) of this subsection (3).

 

d. Distance requirements. The adult businesses listed in paragraph (3)(a) shall be subject to the following distance separation requirements from the uses and types of property listed in paragraph (3)(b): for an adult media store, 600 feet; and for an adult motion picture theatre, 1,000 feet.

 

e. Measurement. Separation requirements shall be measured from property-line to property-line, following the route of property lines along public rights-of-way (to approximate pedestrian distances). For leased spaces in multi-tenant properties, the measurements shall be from the outer boundaries of the leased space (projected to ground level, if applicable); for leased space in single-tenant properties, the measurements shall be from the property lines.

 

(4) Conditions applicable to certain businesses carrying adult media.

 

a. Applicability. This section shall apply to any book store, media store or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

b. Prohibition of public display. The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portions of the business open to the general public.

 

c. Display of adult media. Adult media in a store to which this section is applicable shall be kept in a separate room or section of the store, which room or section shall:

 

(i) Not be open to any person under the age of 21;

 

(ii) Be physically and visually separated from the rest of the store by an opaque wall or durable material, reaching at least eight feet high or to the ceiling, whichever is less;

 

(iii) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and

 

(iv) Have access controlled by electronic or other means to provide assurance that persons under age 21 will not gain admission and that the general public will not accidentally enter such room or section.

 

(5) Accessory uses.

 

a. Any use which is accessory and incidental to any enumerated principal use within the district shall be permitted.

 

b. Air conditioning plants and ice refrigeration plants purely accessory and incidental to the principal use shall be permitted.

 

c. Any accessory use shall be limited to a maximum of one horsepower employed in the operation of any one machine, or a total of three horsepower for the manufacture of articles to be sold at retail on the premises and shall be limited to 115 volts.

 

Sec. 80-140. District C-2 (local retail business).

 

(a) Purpose. District C-2, general retail business district, is intended to permit development and continuance of offices, retail trades and commercial services at specific locations along major streets, such as intersections. Automobile-related uses, such as drive-ins, dealerships, garages and other related uses, are first permitted in this district.

 

(b) Use regulations. In district C-2, 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 or a combination of the following uses:

 

(1) Principal uses.

 

a. Any use permitted in district C-1.

 

b. Retail/commercial:

 

1. Feed stores (no grinding).

 

2. Pet shops, if entirely within a building.

 

3. Commercial greenhouses.

 

c. Retail services:

 

1. Adult media stores.

 

2. Aluminum or other similar metal collection centers, provided the center is self-enclosed and no compaction or processing occurs on the site.

 

3. Bars or cocktail lounges, when in conformance with chapter 10.

 

4. Business and commercial schools.

 

5. Commercial photography and processing.

 

6. Frozen food lockers for individual or family use.

 

7. Funeral homes or undertaking establishments, when located on a major thoroughfare.

 

8. Ice delivery stations.

 

9. Job printing, newspapers, lithography and publishing.

 

10. Motels.

 

11. Nightclubs or taverns, when in compliance with chapter 10.

 

12. Package liquor stores, when in compliance with chapter 10.

 

13. Recreation centers and activities, including but not limited to arcades, skating rinks, trampoline centers, batting cages, dancehalls, pool halls, pony tracks or rings for children only, miniature golf courses and miniature trains, and theaters or movies (other than drive-ins).

 

14. Sign painting or sign shops if fronting on a major thoroughfare and provided there is no open storage of trucks or goods.

 

d. Automobile-related and automobile-oriented uses:

 

1. Automobile or trailer sales agencies and trailer or used car sales lots, provided that all repair services shall be within a building and access thereto shall be only from a major thoroughfare. When service facilities are provided for motor vehicles or trailer repair work, the nearest point of the property shall be 200 feet or more from the boundary of an R-1 to R-3 district, inclusive, unless such use creates no noise in excess of that of normal daily traffic measured at the boundaries of the premises, and no vibration or odor generated by such use shall be perceptible at the boundaries of the premises. No dismantling of cars or trailers, repair services or sale of used parts shall be allowed on any trailer or used car sales lot. Any lights used to illuminate a trailer or used car sales lot shall be so arranged as to reflect the light away from any adjoining premises in a residential use. The use of floodlights, except those used for protection of the property, shall be permitted only until 10:00 at night. Such lighting used for protection shall not exceed in intensity two lux, measured at any property line.

 

2. Brake lining, only installation and repair.

 

3. Bus stations for passenger pickup and discharge only.

 

4. Carwashes, provided sufficient space is provided on the site for stacking a minimum of five cars per bay.

 

5. Drive-in restaurants or other businesses where food or refreshments are served or consumed on the premises outside of a building. When the premises occupied by such use abut or are separated by an alley from a residentially zoned district, a solid wall or fence at least six feet in height shall be provided along all side and rear lot lines of the property. When the premises are within 1,000 feet of district C-4, the use shall be permitted only by a special use permit issued by the city council, after recommendation by the city plan commission, giving due consideration to the traffic generated thereby and compatibility with existing development.

 

6. Garages for the parking of passenger vehicles and for motor repair of passenger vehicles.

 

7. Public parking stations for commercial delivery cars not to exceed three-quarter ton.

 

8. Taxicab businesses, including garage, servicing and parking facilities.

 

9. Tire and battery stores.

 

10. Wheel aligning only.

 

e. Miscellaneous:

 

1. Cabinet shops or carpenter shops.

 

2. Commercial radio and television broadcasting stations or transmitting stations and towers, provided that any tower shall maintain a setback of two-thirds the tower height from the nearest property line to the center of the tower.

 

3. Short-term loan establishments provided that signage for each establishment shall be limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

4. Wireless communication facilities.

 

(a) Purpose.

 

(1) Colocation as city policy. Wireless communications providers are encouraged to colocate at single sites unless technically and economically impossible. This goal recognizes that the reduction in the number of facilities may result in an increase in the height of facilities that are permitted.

 

(2) Industry cooperation. Wireless communications providers should work together to develop a network of wireless communications facilities and sites that all providers can share to minimize the number of facilities.

 

(b) Building permit required. The construction of a wireless communications facility requires a building permit. In addition to the requirements of the building code, an applicant for a building permit must meet the requirements of this section. In this section, the term "applicant" means the entity wishing to place a wireless communications facility in the city.

 

(c) Site plan. When seeking a building permit, an applicant must submit a site plan showing the conditions required by this section, and other applicable regulations, including Chapter 25 "Communications Transmissions Systems," Code of Ordinances, and Chapter 2, Article VI, Division 8 "Landmarks Commission," Code of Ordinances.

 

(d) Location.

 

(1) Technical data. An applicant for a wireless communications facility shall provide engineering or other appropriate technical data establishing the need for a facility at the requested location.

 

(2) Colocation. An applicant shall describe efforts made to colocate the required equipment on existing wireless communications facilities and on other existing structures. An applicant shall describe why colocation is not possible, thus requiring the construction of a new wireless communications facility. All new facilities shall be constructed to permit the colocation of no less than two additional broadband providers.

 

(3) Public safety facilities. Operators of facilities shall, by obtaining a permit to construct a facility, agree to permit the colocation of public safety communications facilities owned or operated by the city or the Kansas City Police Department on terms and conditions mutually agreeable to each party.

 

(4) Consideration of public property. An applicant shall indicate whether public property, particularly property of the City of Kansas City, Missouri, is appropriate for placement of wireless communications facilities. Efforts to locate the required equipment on public property shall be described. If the use of public property is not possible, the applicant shall explain why a wireless communications facility cannot be placed on public property.

 

(5) Separation of facilities.

 

(a) One mile separation. Monopoles or other towers constructed as part of a wireless communications facility shall not be located closer than within a one mile radius of the center of the base of another monopole or other tower constructed as part of a wireless communications facility. This requirement does not apply to antennas or other equipment located on existing buildings or to be collocated on existing monopoles or towers.

 

(b) Exception. A facility may be located within the one mile radius of another facility if an engineering or other appropriate technical study establishes that there are no suitable sites available that meet the one mile separation requirement. A lack of suitable sites means that there are no existing wireless communications facilities available for colocation, no existing buildings or other structures available for placement of equipment, or, for engineering or other appropriate technical reasons, equipment must be located closer than one mile apart to operate the wireless communications system.

 

(6) Exception to height limitations. To encourage the use of existing structures, a wireless communications provider may place an antenna on an existing building even though the resulting height of the existing building exceeds that allowable for the zoning district in which the building is located by up to 25 feet. All other requirements of the zoning district will apply to any structure required to hold and protect equipment.

 

(7) Not second principal use. The construction of a wireless communications facility shall not be considered a second principal use of property.

 

(e) Setback.

 

(1) Property line.

 

(a) Front property lines. A setback of at least 50 feet shall apply to the front property line, unless a larger setback applies.

 

(b) All other property lines. Setback requirements, unless specifically addressed in this subsection, shall comply with the requirements applicable to all structures located in a C-2 district.

 

(2) Residential district. A wireless communications facility shall be located no less than 200 feet from any residential structure located within a residential district. If a wireless communications facility is taller than 200 feet, the separation from the center of the facility to a residential structure located with a residential district shall equal the height of the facility.

 

(f) Type of facility.

 

(1) Monopole. A wireless communications facility shall be a freestanding monopole and a structure no larger than necessary to protect the required equipment.

 

(a) Exception - least intrusive alternative. If an applicant establishes that an alternative design, without guy wires, is less intrusive to a neighborhood than a monopole, an alternative design may be considered. To determine whether an alternative design is less intrusive, factors such as, but not limited to, the following may be considered: size, color, location, attempts to disguise the facility.

 

(b) Exception - disguised facilities. An applicant may use disguised facilities, such as poles or towers designed to appear like trees.

 

(c) Exception - colocation. If an applicant establishes that by use of an alternative design, without guy wires, that colocation of facilities will occur, and that any intrusion to a neighborhood is mitigated by colocation, an alternative design may be considered.

 

(g) Screening.

 

(1) General. Unless located in an undeveloped area, adjacent property shall be screened from the equipment and ground-level portion of the facility. Screening may be accomplished by a visual barrier fence or landscaping, or both. Landscaping shall provide screening throughout all seasons.

 

(2) Undeveloped areas. Facilities located in undeveloped areas need not be screened when constructed if the bottom 25 feet of the facility is not visible, based upon a six foot line of sight, from public rights-of-way or adjacent property. Once the area around the wireless communications facility begins to develop, and the bottom 25 feet of the facility will become visible to public rights-of-way or adjacent property, the wireless communications facility shall be screened from adjacent property or rights-of-way. Screening may be accomplished by a visual barrier fence or landscaping, or both. Once construction begins on a project or segment of a project that will result in the wireless communications facility becoming visible from public rights-of-way or adjacent property, the wireless communications facility shall be screened within three months of commencement of the project or segment of the project causing the required screening. The city shall endeavor to provide notice of the commencement of the project or segment of the project, but the failure to give such notice shall not be a justification for failing to screen the facility.

 

(h) Lighting. Only basic security lighting shall be permitted. Lighting shall not result in glare on the adjacent properties. A lighting ring chart shall be provided as part of the plan submitted for approval of any facility. This requirement does not preclude the use of light poles, athletic field light structures or other sources of light from being used to disguise or to support wireless communications facilities. Lighting required by federal authorities, including the Federal Communications Commission or the Federal Aviation Administration are recognized as superseding local requirements for lighting when the requirements are inconsistent.

 

(i) Signs. A wireless communications facility may not have signage for business identification or advertising attached or incorporated into the facility, except for a sign no larger than 12 inches by 18 inches which contains the name of the operator and an emergency telephone number. This prohibition does not preclude the use of existing signs or billboards from being used to disguise or to support wireless communications facilities. This prohibition is not intended to supersede any requirement by the Federal Communications Commission or other appropriate agency for identification signs.

 

4. Public utility stations or substations or terminals.

 

5. Small animal hospitals if in a soundproofed and air conditioned building without outside pens. The boarding of well animals is permitted as an accessory use; provided that the operation is enclosed within a building, is soundproofed, and is adequately ventilated; provided, further, that such animals may be exercised outside the building as long as noise levels created do not exceed 80 decibels at property lines.

 

6. Telephone exchanges.

 

f. Other business or service activities of the character enumerated in this subsection, not included in any other category.

 

(2) Separation of adult businesses from other adult businesses. Not more than two adult businesses shall be located within 1,500 feet of each other (regardless of whether such uses are located in the same facility, separate facilities or different zoning districts) as measured in a straight line along street rights-of-way between the property lines of the two properties.

 

(3) Separation of adult businesses from certain other uses.

 

a. Types of adult businesses to which applicable. The adult businesses which shall be subject to the separation requirements of this subsection (3) are adult media stores.

 

b. Types of other uses to which applicable. The separation requirements of this subsection (3) shall apply to the relationship between the adult businesses specified in subparagraph (a) of this subsection (3), property zoned R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1, or GPR-2; property containing a house of worship; property containing a public or licensed educational institution that serves persons younger than 18; property containing a day-care facility; a public park, property containing a community center, property containing a childrens amusement park; a library or museum, a recreation area or playground.

c. General location requirements. No adult business specified in paragraph (3)(a) shall be located on the same block with any of the types of property or uses specified in subparagraph (b) of this subsection (3).

 

d. Distance requirements. The adult businesses listed in subparagraph (1) shall be subject to the following distance separation requirements from the uses and types of property listed in subparagraph (b): for an adult media store, 600 feet.

 

e. Measurement. Separation requirements shall be measured from property-line to property-line, following the route of property lines along public rights-of-way (to approximate pedestrian distances). For leased spaces in multi-tenant properties, the measurements shall be from the outer boundaries of the leased space (projected to ground level, if applicable); for leased space in single-tenant properties, the measurements shall be from the property lines.

 

(4) Conditions applicable to certain businesses carrying adult media.

 

a. Applicability. This section shall apply to any book store, media store or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

b. Prohibition of public display. The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portions of the business open to the general public.

 

c. Display of adult media. Adult media in a store to which this section is applicable shall be kept in a separate room or section of the store, which room or section shall:

 

(i) Not be open to any person under the age of 18;

 

(ii) Be physically and visually separated from the rest of the store by an opaque wall or durable material, reaching at least eight feet high or to the ceiling, whichever is less;

 

(iii) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and

 

(iv) Have access controlled by electronic or other means to provide assurance that persons under age 18 will not gain admission and that the general public will not accidentally enter such room or section.

 

(5) Accessory uses.

 

a. Accessory uses customarily incidental to a local retail activity.

 

b. Drive-in, drive-up or drive-through facilities, provided that such accessory facilities within 1,000 feet of district C-4 shall not be permitted except by special permit issued by the city council after recommendation by the city plan commission, giving due consideration to the traffic generated thereby and compatibility with existing development.

 

(c) Height, yard and area regulations. In district C-2, the height of the buildings or structures, 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 45 feet in height. This height restriction shall not apply to wireless communications facilities, which may be erected up to 200 feet in height.

 

(2) Front yards.

 

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

 

b. Nonresidential structure, including hotels and motels. There need be no front yard in this district except where the district abuts or adjoins a district R-1, R-2, R-3, R-4 or R-5, within the same block and on the same side of a street. If the district abuts or adjoins such residential districts, there shall be a setback from the street for any building in the business district equal to one-half of the front yard requirement for the abutting or adjoining residential district under the height, yard and area regulations for the district. When the side property line of the 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 business district equal to the yard requirement for the residential district given in paragraph 3 under the height, yard and area regulations for that district, but such setback need not be more than eight feet.

 

(3) Side yards.

 

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

 

b. Nonresidential structure, including hotel and motel. There shall be a side yard along the side line of a property in the business district, which line abuts, adjoins or is within eight feet of a boundary of a residential district, districts R-1, R-2, R-3, R-4 and R-5, equal to eight feet, measured from the residential district boundary line. Otherwise no side yard is required.

 

(4) Rear yards.

 

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

 

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

 

(5) Lot area per family. Same as for district C-1.

 

(d) Performance standards.

 

(1) No use enumerated in this section shall create any noise in excess of that of normal daily traffic measured at the boundaries of the premises, and no vibration or odor generated by such uses shall be perceptible at the boundaries of the premises.

 

(2) Floodlights or lights which illuminate open areas in connection with any of the uses listed in this section shall be so arranged as to reflect the light away from any adjoining residential property, and the intensity shall not exceed two lux measured at any property line.

 

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

 

(f) Signs. Sign regulations shall be as provided in this chapter.

 

Sec. 80-212. Conditional uses permitted for limited time.

 

(a) The conditional uses set forth in this section shall comply with the height, yard, area and parking regulations of the use district in which such conditional uses are authorized, except as otherwise provided. Such conditional uses may be authorized by the board of zoning adjustment for a limited time subject to the conditions and restrictions listed in this section.

 

(b) The following uses may be permitted in the districts designated, where otherwise not permitted, by permission of the board of zoning adjustment on submittal of a plan by the applicant, provided that, in the judgment of the board, such use will not materially injure the appropriate uses of adjoining property, and will conform to the general intent and purpose of this chapter, including the requirements for off-street parking and loading facilities, and only after a public hearing and after receiving the report and recommendation of the director of city development. The director shall report as to whether or not any use to be permitted under this section is compatible with the plan for the development of the city used as a guide by the director on all matters referred to him. After a review of the plans, the director may make such recommendations for additional conditions as he may deem appropriate. The director may file a report with the board within 30 days of receipt of the application and plan, or within 30 days of any requested amendment thereof.

 

(1) Carnivals, circuses, fiestas and street fairs, when sponsored by religious, philanthropic or community organizations, for a specified limited time only in districts R-1, RA, R-2, R-3, R-4, R-5, C-1, C-2 and C-3. Carnivals and circuses are first allowed outright in district M-1, as provided in section 80-180. See chapter 12, article V, division 2, for additional requirements for these uses.

 

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

 

a. At the time of original approval, no such establishment shall be located within 1,000 feet of another check-cashing establishment, title loan establishment or pawnshop.

 

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

 

c. Signage shall be limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

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

 

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

 

f. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided, however, at the time of renewal, the applicant shall demonstrate that the establishment has not had a negative impact on properties within 500 feet and that the establishment has complied with the provisions of chapter 56, the property maintenance code.

 

(3) Children's group home facility as a residential facility for the care of children who, upon completion of a course of treatment in a facility which provides an extensive treatment program for children with disabling emotional disturbances, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living, or for a group of developmentally disabled children in districts R-1, RA, R-2, R-3, GP-4, GP-5, GP-6, GP-7 and GP-8. Group home facilities are permitted outright in district R-4, as provided in section 80-80. A group home facility shall be subject to the following conditions and restrictions:

 

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

 

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

 

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

 

d. The facility shall be a secondary facility operated and maintained by a facility which provides intensive treatment for children with disabling emotional disturbances or a contract facility wherein the children remain under the jurisdiction of the county juvenile system or the state division of youth services or a facility operated for developmentally disabled.

 

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

 

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

 

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

 

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

 

i. At the time of original approval no facility shall be located within 1,000 feet of another such facility or of a halfway house (see subsection (b)(4) of this section), a convalescent home, a children's nursery or a group day care home; provided, however, that the board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

 

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

 

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

 

l. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided that in any request for renewal the applicant shall demonstrate that the character of the neighborhood has been maintained, that there has been no negative impact upon properties within 500 feet, and that the facility has been maintained in accordance with the standards established by chapter 56, the property maintenance code.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

f. There shall be no exterior evidence of such use and no sign advertising such use.

 

g. In districts R-4, R-4-O, R-5, R-5-O, R-6, GP-5 and GP-4 there shall be a minimum floor area of 250 square feet per resident and resident staff. In all other districts, there shall be 100 square feet of floor area per resident and resident staff.

 

h. At the time of original approval, no facility shall be located within 1,500 feet of another such facility, or a group home, or a convalescent center, or a children's nursery or boarding home, or a group day care home and no facility shall be located within 500 feet of a school; provided, however, that the board of zoning adjustment shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

 

i. The facility shall maintain the residential character of the structure.

 

j. The applicant shall demonstrate that there shall be no negative impact on property within 500 feet of the proposed facility and that the residential character of the neighborhood shall be maintained.

 

k. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided, however, at the time of renewal, the applicant shall demonstrate that the facility has not had a negative impact on properties within 500 feet, that the residential character of the neighborhood has not been impaired, and that the facility has complied with the provisions of chapter 56, the property maintenance code.

 

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

 

(7) Open-face quarries, sand or gravel pits for the purpose of removing, screening, crushing, washing or storage of clay, stone, gravel or similar materials, in district RA, subject to the following conditions:

 

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

 

b. All quarry activity shall be located so as to minimize the adverse impact upon surrounding properties. The board may impose such conditions as to operation, site development, signs, times of operation or any other matter as may be deemed necessary in order that such use shall not materially injure or curtail the appropriate use of neighboring property, shall not jeopardize the public health, safety and welfare, and shall not violate the general spirit or intent of this chapter.

 

c. Rock-crushing and quarrying are allowed as a special use in district M-2, as provided in section 80-190. Provision shall be made for the preservation or restoration of the ground surface and cover, and such provision shall be shown on the plans submitted to the board.

 

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

 

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

 

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

 

1. Ownership of the property.

 

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

 

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

 

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

 

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

 

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

 

3. All refuse dumps shall be operated so as not to violate any existing city ordinance, state statutes or federal laws relating to the health, safety or general welfare of the inhabitants of the city, and shall not encroach upon the environment on any waterways, atmospheric content or visual phenomena, and shall be in harmony with surrounding lands within the neighborhood.

 

(9) Demolition debris landfills in any district of the city subject to the following terms and conditions:

 

a. A demolition debris landfill is defined as a place designated for the disposal of used building materials resulting from the demolition, site clearance or waste materials from the construction of buildings or structures.

 

b. Used building material is any and all material requiring disposal resulting from the demolition, site clearance or construction of buildings, but shall not include refuse, trash, garbage or any other material specifically designated in other ordinances of the city to be disposed of in any other type landfill.

 

c. The applicant shall submit an application to the board of zoning adjustment for approval of such demolition debris landfill site, with the application to contain such information as established by the board, including but not limited to:

 

1. Ownership of the property.

 

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

 

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

 

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

 

1. The demolition landfill shall be properly protected from use by anyone other than the applicant, and it shall be the applicant's sole responsibility for maintenance and care of the landfill area.

 

2. All demolition landfills shall be compacted by the use of machines for this purpose as the fill is introduced into the landfill area.

 

3. All demolition landfills shall be operated so as not to violate any existing city ordinances, state statutes or federal laws relating to the health, safety or general welfare of the inhabitants of the city, and shall not encroach upon the environment by encroachment on any waterways, atmospheric content or visual phenomena, and shall be in harmony with surrounding lands within the neighborhood.

 

4. At such time as the landfill reaches the finished topography as approved, the final 12 inches shall be earth cover and shall be properly graded and seeded by the applicant.

 

f. The approval by the board of zoning adjustment shall be for a specified period of time to be established by the board, but not to exceed five years from the date of approval. Extensions of the specified period of time may be granted upon application to and hearing by the board.

 

g. The applicant shall cause to be recorded in the proper county recorder's office approval of all demolition landfills granted by the board and provide the secretary of the board with the recording information.

 

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

 

(10) Riding stables and tracks in districts R-1, RA, R-2, C-1, C-2, C-3, M-1, M-2 and M-3. Pony rings are allowed in District CP-2, as provided in Section 80-110, and District C-2, as provided in Section 80-140.

 

Section C. 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