ORDINANCE NO. 051270

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-151, District C-3a1 (Intermediate business, low buildings) and enacting in lieu thereof a new section of like number and subject matter revising storage and separation requirements for certain uses, and other minor revisions. (Case No. 254-S-234)

 

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 Section 80-151, District C-3a1 (Intermediate business, low buildings) and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

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

 

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

 

(b) Use regulations. In district C-3a1, no building or land shall be used, and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the following uses:

 

(1) Principal uses.

 

a. Any use permitted in district C-2.

 

b. Retail services:

 

1. Adult media stores.

 

2. Adult motion picture theaters.

 

3. Bookbinding.

 

4. Diaper services.

 

5. Dyeing and dry cleaning plants.

 

6. Film exchanges.

 

7. Meat processing; provided that there is no slaughtering or rendering on premises, that all waste is stored within a building, that all loading and unloading shall be done in a recessed loading area on the premises with all truck ingress and egress to be from a major thoroughfare, that employee parking shall be provided in accordance with requirements for industrial buildings, and that no noxious odors are created on the premises.

 

8. Newspapers, job printing, lithographing and publishing.

 

9. Photograph printing shops.

 

10. Plumbing or sheet metal shops.

 

11. Sex shops.

 

12. Shooting galleries.

 

13. Sign painting and sign shops.

 

14. Taxidermy.

 

15. Trade schools.

 

c. Automobile-related and automobile-oriented uses:

 

1. Auto body shops, provided that:

 

i. All work shall be done within the building.

 

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

 

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

 

iv. All access shall be from a major thoroughfare.

 

v. The property must have a frontage of at least 50 feet along a major thoroughfare unless the property fronts on a street and all of the property fronting on such street within the same block and on both sides of the street is zoned district C-2 or greater intensity.

 

vi. The yard requirements listed in subsection (c) of this section shall apply unless the property abuts district R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6, or any residential use in District URD, in which case any building shall be set back at least 15 feet from the rear property line and 40 feet from any side property line. Parking is permitted in side or rear yards.

 

vii. Parking spaces must be provided at the rate of one space for every 300 square feet of gross floor area.

 

viii. The property must be screened from surrounding nonresidential property and from any property adjacent to the rear by a solid fence at least six feet in height, provided that the height of the fence may be reduced to four feet to provide adequate sight distance at any street or driveway intersection. Property must be screened from any residential property and from residential uses in District URD and from the public street as follows:

 

(a) From the public street, deciduous shade trees spaced 30 feet on center shall be used, if at least 20 feet exists between curb and building.

 

(b) From the public street and from residential property, smaller ornamental trees in groupings at 15 feet on center shall be used if there is not adequate space between the curb and building for shade trees. These trees should also be used, where there are adjacent residential properties, in the side yards.

 

(c) Fences at least six feet in height will be used as detailed in this subsection c.1 in all rear yards.

 

2. Drive-in theaters, upon approval of specific plans by the board of zoning adjustment, after a public hearing, and subject to the following conditions:

 

i. The property shall consist of not less than ten acres of land in a single tract or parcel not intersected or divided by any street, alley or by property belonging to any other owner.

 

ii. The plans for the screen tower, buildings and other structures shall have received the approval of the director of city development.

 

iii. The screen shall be obscured from main thoroughfares. Any lights used to illuminate the theater site shall be so arranged as to reflect the light away from adjoining property and streets.

 

iv. The plans shall have been approved by the director of city development, indicating undue traffic congestion due to the location and arrangement of the theater, including the car rows and aisles, and minimizing the danger of fire and panic.

 

v. Acceleration and deceleration lanes shall be provided along the public thoroughfare adjacent to the entrance and exit of the theater. Parking space for patrons awaiting admission shall be provided on the side in an amount equal to not less than 30 percent of the vehicular capacity of the theater.

 

vi. Vehicular circulation shall be so designed and constructed as to permit only one-way traffic within the boundaries of the tract on which the theater is located. Emergency exits shall be provided and shall meet the approval of the fire department.

 

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

 

viii. Definite plans for shrubbery and landscaping shall be presented to the board and made a part of the permit. The board shall also approve the design of the fence surrounding the site.

 

ix. The nearest point of theater property, including driveways and parkway areas, shall be at least 750 feet from the boundary of a district zoned for residential use. This condition may be modified by the board where topographical considerations make the requirement excessive. The board may require any other condition that will safeguard the public health or welfare of the community.

 

3. Drive-in businesses.

 

4. Parking stations for trucks and buses.

 

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

 

6. Streetcar and bus barns.

 

7. Used car sales lots or trailer sales garages.

 

d. Distribution and wholesale uses:

 

1. Bakeries, wholesale, provided that the property adjoins or abuts an industrial district and all loading and unloading operations adjoin such industrial district, and subject to approval of the board of zoning adjustment after public hearing and notice and after due consideration as to the effect upon the present and future character of surrounding properties.

 

2. Bottling works for soft drinks only, provided that the building is soundproofed and air conditioned and recessed loading and unloading space is provided and that the property is more than 100 feet from any property zoned for districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6, or from any residential use in District URD.

 

3. General distribution and wholesaling, provided that the property is more than 100 feet from any property zoned for districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6 or from any residential use in District URD and further provided that all storage is within a building.

 

 

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

 

5. Storage, in bulk, within a building, or warehouses for automobiles, clothing, drugs, dry goods, furniture, hardware, household goods, glass, groceries, lubricating oil, millinery, paints and paint materials, pipes, rubber, shop supplies, tobacco, turpentine and varnish; also, office and warehouse structures of general building contractors for the storage of other than heavy construction equipment, provided all storage is within the building, and sufficient space is provided for truck loading, unloading and parking to be entirely on private property.

 

6. Transfer and storage offices or warehouses, provided that the property is more than 100 feet from any property zoned for districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6 or from any residential use in District URD and further provided that all storage is within a building.

 

7. Wholesale uses as follows: Any use listed for districts C-1, C-2 and C-3a1, except where a wholesale use is specifically listed, and not including uses listed in district C-4 and in industrial districts, is permitted in this district as a wholesale use. Manufacture of products is permitted in connection with such wholesale uses, providing the area devoted to such manufacturing is limited to less than 50 percent of the floor area when the entire use is on one floor, or, in a multi-storied building, not over the equivalent of the area of one floor, where the entire use occupies more than one floor. All storage shall be within a building.

 

 

e. Miscellaneous:

 

1. Armories.

 

2. Battery stations.

 

3. Cabinet and carpenter shops.

 

4. Fiestas and street fairs.

 

5. Tourist camps and motels.

 

6. Laundries.

 

7. Heating and cooling plants may be allowed as a special use permit by the city council after public hearing and recommendation of the city plan commission subject to the following conditions:

 

i. Submittal of a site plan and elevations depicting the type, size and height of all structures and equipment including provisions for adequate containment and screening.

 

ii. The city council may impose such conditions as to operation, site development, signs, times of operation or any other matter as may be deemed necessary in order that such use shall not materially injure or curtail the appropriate use of neighboring property; shall not jeopardize the public health, safety, and welfare; and does not violate the general spirit or intent of this chapter or this section. The special use permit may be revoked at any time by the city council upon notice to the permit holder and after a hearing before the city council when violations of any provision of the Code of Ordinances have occurred. This provision shall not limit the city council from pursuing any other remedies available under the law.

 

*(Note: Although codification of the following sections for wireless communication facilities and adult businesses do not follow standard procedures, numbering of these sections and subsections will remain as currently exists in the ordinance, unaffected by the current amendments.)

 

8. Wireless communication facilities. Wireless communication facilities may be located as provided for in district C-2 with the following exceptions:

 

(a) Setback.

 

(1) Property line - freestanding monopole.

 

(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-3 district.

 

(2) Property line - lattice tower. A setback equal to a distance of at least two-thirds the height of the tower or other structure shall apply from all property lines unless a larger setback applies.

 

(3) 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 within a residential district shall equal the height of the facility.

 

(a)                Type of facility. A wireless communications facility may be a freestanding monopole or a lattice tower with or without guy wires, and a structure no larger than necessary to protect the required equipment.

 

(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 theaters, sex shops, 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; 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 subsection (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 (a) of this subsection (3) shall be subject to the following distance separation requirements from the uses and types of property listed in subparagraph (b) of this subsection (3): for an adult media store, 600 feet; for a sex shop, 800 feet; for an adult motion picture theater, 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 18;

 

(ii) Be physically and visually separated from the rest of the store by an opaque wall of 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. Accessory uses customarily incident to the uses listed in subsection (b)(1) of this section. Motion picture arcade booths are not permitted as an accessory use in this zoning district nor in any other zoning district in the Zoning Ordinance.

 

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

 

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

 

(2) Front yards.

 

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

 

b. Nonresidential structure, including hotel and motel. There need be no front yard in this district.

 

(3) Side yards.

 

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

 

b. Nonresidential structure, including hotel and motel. There need be no side yard in this district.

 

(4) Rear yards.

 

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

 

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

 

(5) Lot area. Same as for district C-1, except that for apartment houses, apartment hotels, hotels and buildings used jointly for hotel and apartment house uses or for business and residence purposes, the minimum shall be 350 square feet.

 

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

 

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

 

 Section 2. 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney