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Legislation #: 010330 Introduction Date: 3/1/2001
Type: Ordinance Effective Date: 5/13/2001
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Appendix B (KCL), Section 2.2, Permitted uses by district, and enacting in lieu thereof one new section of like number and subject matter.

Legislation History
DateMinutesDescription
3/29/2001

Waive Charter Requirements City Council

3/1/2001

Prepare to Introduce

3/1/2001

Referred Planning, Zoning & Economic Development Committee

3/21/2001

Advance and Do Pass

3/22/2001

Passed

4/4/2001

Hold On Agenda

3/29/2001

Reconsidered

3/29/2001

Re-Referred

5/2/2001

Advance and Do Pass as a Committee Substitute

5/3/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010330

 

Amending Chapter 80, Code of Ordinances, by repealing Appendix B (KCL), Section 2.2, Permitted uses by district, and enacting in lieu thereof one new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Appendix B (KCL), Section 2.2, Permitted uses by district, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 


2.2 Permitted uses by districts.

 

A. GPA. Permitted uses. The following uses shall be permitted:

 

1. Camping, picnic grounds, playgrounds, athletic fields, and similar recreational and open-space facilities.

 

2. Cemeteries.

 

3. Churches.

 

4. Commercial radio and television transmitting towers subject to the following conditions:

 

(a) Setback of two-thirds the tower height to nearest property line from center of tower. Guy wires and similar support devices shall be no closer than twenty (20) feet from any lot line.

 

(b) Height of tower shall be subject to meeting the setback requirements as stated above, or the requirements within an airport approach zone as defined in Section 6-73, Code of Ordinances, whichever is less.

 

(c) Submission of:

 

(1) Site plan showing the location of the tower and any outbuildings proposed or existing on the property, fences and screenings.

 

(2) Engineering specifications detailing construction of tower, base and guy wire anchorage.

 

(3) Anti-climb fence around perimeter of the tower.


(4) If any accessory building is proposed, details of the building including construction plans, elevations and use will be provided by applicant. One parking space will be provided for every two persons anticipated to be working in the building.

 

(d) The applicant shall present documentation of the possession of any required license by any federal, state or local agency.

 

5. Wireless communication facilities, subject to the following conditions:

 

(a) Purpose.

 

(1) Collocation as city policy. Wireless communications providers are encouraged to collocate 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) Collocation. An applicant shall describe efforts made to collocate the required equipment on existing wireless communications facilities and on other existing structures. An applicant shall describe why collocation is not possible, thus requiring the construction of a new wireless communications facility. All new facilities shall be constructed to permit the collocation 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 collocation of public safety communications facilities owned or operated by the city or the 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 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 collocation no public property is appropriate or available, 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) 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.

 

(2) 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.

 

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

 

(f) Setback. The tower and compound, shall be setback a minimum of two-thirds the monopole height to the nearest property line from the center of the monopole or structure. A wireless communications facility should be located no less than 200 feet from any residential structure located in a residential or agricultural district.

 

(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.

6. Nurseries for trees, plants and shrubs. (Retail sales permitted for nursery stock grown on the premises.)

 

7. Extraction of minerals (subject to Section 4.2).

 

8. Schools (elementary, junior high, senior high and institutions of higher learning).

 

9. Veterinarian services.

 

10. Accessory uses customarily incident to the uses listed in this subsection (A).

B. Principal uses not requiring approval of a development plan.

 

1. Farm and farming operations (including crops, orchards, gardens, dairies, livestock, etc.)

 

2. One-family dwellings.

3. Railroad and utility right-of-way.

 

4. Government services and public recreation areas.

 

5. Accessory uses customarily incident to the uses listed in this subsection (B).

 

C. GPR-1. The following uses shall be permitted:

 

1. One-family dwellings.

 

2. Churches.

 

3. Elementary school, public or private.

 

4. Hospitals.

 

5. Junior or senior high school and schools of higher learning.

 

6. Golf courses, not including miniature golf courses, or golf driving ranges, if part of an overall development plan for residential development.

 

7. Accessory uses customarily incident to the above uses including golf course clubhouses and driving ranges which are accessory to golf courses.

 

D. GPR-2. The following uses shall be permitted:

 

1. One-family dwellings.

 

2. Two-family dwellings.

 

3. Churches.

 

4. Apartments or multi-family residences.

 

5. Hospitals.

 

6. Elementary schools, public or private.

 

7. Junior and senior high schools and schools of higher learning.

 

8. Golf courses, not including miniature golf course or golf driving ranges, if a part of an overall development plan for residential development.

 

9. Accessory uses customarily incident to the above uses including golf course clubhouses and driving ranges which are accessory to golf courses.

 

E. GPO. The following uses shall be permitted:

 

1. Offices for medical and dental purposes.

 

2. Offices for the conduct of professional activities (lawyer, architect, real estate, insurance, planning, landscape architect, etc.).

 

3. Offices for administrative function and where no retail trade is conducted.

 

4. Business offices that serve clients rather than individual customers (commercial art studio, advertising agency, business consultant, court reporters, public stenographers, etc.).

 

5. Accessory uses customarily incident to the above uses, only if:

 

(a) Maintained within the building;

 

(b) They provide for the health, education, comfort, and convenience of occupants, employees, clients and patients;

 

(c) Entrances are provided from within the building;

 

(d) There are no outdoor advertising signs; and

 

(e) There are no drive-in facilities.

 

F. GPC. The following retail and service business shall be permitted providing all such activity is contained entirely within a building:

 

Retail Businesses

 

1. Antiques

 

2. Bicycles

 

3. Books and stationery

 

4. Cameras and photographic supplies

 

5. Cigars and cigarettes

 

6. Clothing stores of all kinds

 

7. Department stores

8. Drug and proprietary

 

9. Eating and drinking places

 

10. Electrical supplies

 

11. Florists

 

12. Food stores

 

13. Furniture and floor coverings

 

14. Gasoline service stations

 

15. Gifts, novelties and souvenirs

 

16. Hardware

 

17. Heating and plumbing equipment

 

18. Home furnishings

 

19. Household appliances, radios and television sets

 

20. Jewelry

 

21. Lawn and garden supplies

 

22. Liquor stores

 

23. Music supplies

 

24. Newspapers and magazines

 

25. Optical goods

 

26. Paint, glass and wallpaper

 

27. Retail pet stores. A pet shall be considered a small animal including, but not limited to, dogs, cats, birds, hamsters, guinea pigs, ferrets and other similar animals but excluding zoo, equine and food animals. The use shall be located within a soundproofed and air conditioned building without exterior storage of kennels, pens, cages, etc. No odor caused by the operation of this facility shall be perceptible at the boundaries of the premises.

 

28. Shoe stores

 

29. Sporting goods

 

30. Tailoring

 

31. Tires, batteries and automobile accessories

 

32. Variety, general merchandise, dry goods and general stores

 

33. Veterinary small animal clinics if in conjunction with retail sales of pet supplies. A small animal is a companion or pet including, but not limited to dogs, cats, birds, hamsters, guinea pigs, ferrets, and animals sold in a retail pet store, excluding zoo, equine, and food animals. The use shall be located within a soundproofed and air conditioned building without exterior storage of kennels, pens, cages, etc. 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. Further, direct outside access to the store/clinic shall be provided. The proposed use shall be made known on the GP District Plan. The operator shall be a licensed veterinarian and graduate of an accredited school.

 

Services

 

1. Advertising services (offices)

 

2. Art, music and dancing schools

 

3. Art studios and galleries

 

4. Auditoriums and exhibition halls

 

5. Barber and beauty schools

 

6. Beauty and barber services

 

7. Blue printing and photocopying services

 

8. Bowling alleys

 

9. Business and management consulting services

 

10. Business association and professional and labor organizations

 

11. Civic, social and fraternal associations

 

12. Detective and protection services

 

13. Electrical, plumbing and mechanical repair services

 

14, Employment services

 

15. Equipment rental and leasing services (except vehicles)

 

16. Financial, insurance, real estate and general office services of all kinds

 

17. Fur repair and storage service

 

18. Government services

 

19. Gymnasium, athletic clubs

 

20. Laundry and dry cleaning self-service

 

21. Legal and other professional services

 

22. Libraries

 

23. Medical clinic - out patient services

 

24. Medical and dental laboratory services

 

25. Motion picture theater (except drive-ins)

 

26. Motels

 

27. Museums

 

28. News syndicate services

 

29. Photographic services

 

30. Physician and dental services

 

31. Pressing, alteration, garment repairs, laundry and dry cleaning pickup services

 

32. Professional, business and stenographic schools

 

33. Radio and television broadcasting (studio only)

 

34. Reupholstery and furniture repair

 

35. Shoe repair, shoe shining and hat cleaning services

 

36. Stenographic and other duplicating and mailing services

 

37. Swimming pools

 

38. Trading stamp services

 

39. Travel agencies

40. Watch, clock and jewelry repair

 

41. Welfare and charitable services

 

G. GPI. The following uses shall be permitted:

 

1. Campuses of educational institutions.

 

2. Hospitals and related uses.

 

3. Eleemosynary uses, including but not limited to complexes providing for the integration of not-for-profit organizations whose primary purpose relates to physical or mental health and including therein the administrative organization headquarters of such.

 

4. Complexes providing for research facilities of not-for-profit organizations whose activities comply with the Performance Standard Regulations of Subsection 3.4 hereof.

 

5. Campuses of religious institutions, including but not limited to seminaries, monasteries, convents and retreats.

 

6. Accessory uses customarily incidental to the above uses, including but not limited to caretakers residence and storage facilities for the primary use.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney