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Legislation #: 021306 Introduction Date: 10/24/2002
Type: Ordinance Effective Date: 12/6/2002
Sponsor: COUNCILMEMBER FORD
Title: Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Appendix A, Sections 2.1, GP-1 General industry, 2.2, GP-2 General transient retail business, 2.3, GP-3 Regional business, and 2.8, GP-8 Airport and conservation uses, and Appendix B, Kansas City Longview Lake General Planned Development District, Section 2.2, Permitted uses by districts, and enacting in lieu thereof new sections of like numbers and subject matters.

Legislation History
DateMinutesDescription
10/24/2002

Waive Charter Requirements City Council

10/24/2002

Referred Planning, Zoning & Economic Development Committee

10/30/2002

Referred City Plan Commission

11/13/2002

Hold On Agenda

11/20/2002

Hold On Agenda

11/25/2002

Advance and Do Pass as a Committee Substitute

11/26/2002

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021306

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Appendix A, Sections 2.1, GP-1 General industry, 2.2, GP-2 General transient retail business, 2.3, GP-3 Regional business, and 2.8, GP-8 Airport and conservation uses, and Appendix B, Kansas City Longview Lake General Planned Development District, Section 2.2, Permitted uses by districts, and enacting in lieu thereof new sections of like numbers and subject matters.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Appendix A, Sections 2.1, GP-1 General industry, 2.2, GP-2 General transient retail business, 2.3, GP-3 Regional business, and 2.8, GP-8 Airport and conservation uses, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

2.1 GP-1 General Industry.

 

I. Purpose.

 

The GP-1 zone is intended for manufacturing and related industries which characteristically manufacture, assemble, fabricate or process finished products from semi-finished materials or, in certain cases, from selected raw agricultural products but do not store or process other raw materials or scrap, junk or salvage materials. Certain commercial uses generally serving the industrial establishments and their employees are permitted. Residential uses are not compatible in this environment and are not included.

 

II. Permitted uses.

 

The following uses shall be permitted:

 

A. Principal uses.

 

1. Manufacturing, processing, packaging, storage or assembly of the following:

 

(a) Food products.

 

(i) Dairy products of all kinds.

 

(ii) Canning food of all kinds.

 

(iii) Drying and dehydrating fruits and vegetables.

 


(iv) Pickling fruits and vegetables; vegetable sauces and seasonings and salad dressings.

 

(v) Fresh or frozen packaged fish and seafoods.

 

(vi) Frozen fruits, fruit juices, vegetables and specialities.

 

(vii) Bakery products.

 

(viii) Candy and other confectionery products.

 

(ix) Chocolate and cocoa products.

 

(x) Chewing gum.

 

(xi) Malt liquors and malt.

 

(xii) Wine, brandy and brandy spirits.

 

(xiii) Distillery, rectifying and blending liquors.

 

(xiv) Bottling and canning soft drink and carbonated waters.

 

(xv) Flavor extracts and flavoring sirups.

 

(xvi) Roasting coffee and coffee products.

 

(xvii) Ice.

 

(xviii) Macaroni, spaghetti, vermicelli and noodles.

 

(b) Fabricated textile products.

 

(i) Clothing of all kinds.

 

(ii) Leather goods, including belting, packing, boots and shoes, cut stock, footwear, gloves and mittens, luggage, handbags and other personal leather goods.

 

(iii) Fur goods.

 

(iv) Curtains draperies, house furnishings.

 

(v) Textile bags.

(vi) Canvas products.

 

(vii) Pleating, decorative and novelty stitching and tucking for the trade.

 

(c) Furniture and Fixtures.

 

(i) Household, office and other miscellaneous furniture.

 

(ii) Partitions shelving, lockers, office and store fixtures.

 

(iii) Venetian blinds and shades.

 

(d) Paper products.

 

(i) Envelopes.

 

(ii) Bags.

 

(iii) Wallpaper.

 

(iv) Sanitary paper.

 

(v) Paperboard containers and boxes.

 

(vi) Building paper and building boards.

 

(e) Printing and publishing.

 

(i) Newspapers, periodicals, books and miscellaneous commercial printing.

 

(ii) Greeting cards.

 

(iii) Bookbinding and related work.

 

(iv) Typesetting.

 

(v) Photoengraving.

 

(vi) Electrotyping, stereotyping and miscellaneous printing, trade services.

 

(f) Chemical and allied products.

(i) Biological, botanical, medicinal and pharmaceutical products, chemicals and preparations.

 

(ii) Specialty cleaning, polishing and sanitation preparations (except soap and detergents).

 

(iii) Surface active agents, finishing agents, sulfonated oils, and assistants.

 

(iv) Perfumes, cosmetics, and other toilet preparations.

 

(g) Pottery and related products.

 

(i) Vitreous china plumbing fixtures, china, earthenware fittings and bathroom accessories, china table and kitchen articles.

 

(ii) Fine earthenware (white ware) table and kitchen articles.

 

(iii) Porcelain electrical supplies.

 

(iv) Miscellaneous potter and related products.

 

(h) Ordnance and accessories.

 

Small arms (no ammunition).

 

(i) Machinery and equipment.

 

(i) Office, computing and accounting machines.

 

(ii) Household appliances.

 

(iii) Electric lighting and wiring equipment.

 

(iv) Radio and television receiving sets.

 

(v) Communication equipment.

 

(vi) Electronic components and accessories.

 

(vii) Packaging machinery.

 

(viii) Other machinery and transportation equipment, assembly only.

(j) Miscellaneous.

 

(i) Engineering, laboratory and scientific and research instruments and associated equipment.

 

(ii) Mechanical measuring and controlling instruments.

 

(iii) Automatic temperature control.

 

(iv) Optical instruments and lenses.

 

(v) Surgical and medical instruments and apparatus.

 

(vi) Dental equipment and supplies.

 

(vii) Photographic equipment and supplies.

 

(viii) Watches, clocks, clockwork operated devices and parts.

 

(ix) Jewelry and precious metals.

 

(x) Lapidary work.

 

(xi) Silverware and plated ware.

 

(xii) Musical instruments and parts.

 

(xiii) Toys, amusement, sporting and athletic goods.

 

(xiv) Pens, pencils, and other office and artists materials.

 

(xv) Costume jewelry, novelties, buttons and miscellaneous notions.

 

(xvi) Cigarette, cigar and other tobacco products.

 

(xvii) Motion picture production.

 

(xviii) Brooms and brushes.

 

(xix) Lamp shades.

 

(xx) Morticians goods.

 

(xxi) Fur dressing and dyeing.

 

(xxii) Signs and advertising displays.

 

(xxiii) Umbrellas, parasols and canes.

 

B. Transportation, communication and utilities.

 

1. Railroad right of way, switching yard and freight terminal.

 

2. Bus garages and equipment maintenance.

 

3. Motor freight terminals, garaging and equipment maintenance.

 

4. Aircraft storage and equipment maintenance.

 

5. Automobile parking.

 

6. Telephone exchange stations.

 

7. Telegraph message centers.

 

8. Electric transmission right of way.

 

9. Electricity regulating substations.

 

10. Gas pipeline right of way, storage, distribution points and pressure control stations.

 

11. Water pipeline right of way, treatment plants, storage and pressure control stations.

 

12. Sewage treatment plants and pressure control stations.

 

13. Petroleum pipeline right of way and pressure control stations.

 

14. Freight forwarding services.

 

15. Packing and crating services.

 

16. Travel and arranging services.

 

C. Wholesale warehouses for

 

1. Automobile and automobile equipment.

 

2. Tires and tubes.

 

3. Drugs and sundries.

 

4. Paints and varnishes.

 

5. Dry goods and notions.

 

6. Apparel and footwear.

 

7. Groceries, dairy products, confectionery, fish and seafoods, meats, fruits and vegetables.

 

8. Electrical apparatus, appliances, parts and equipment.

 

9. Hardware, plumbing and heating supplies.

 

10. Air-conditioning, refrigerated equipment and supplies.

 

11. Commercial, industrial and farm machinery, equipment and supplies.

 

12. Professional, services and transportation equipment and supplies.

 

13. Tobacco products.

 

14. Paper and paper products.

 

15. Furniture and home furnishings.

 

16. Lumber and construction materials.

 

D. Retail trade.

 

1. Lumber and building materials.

 

2. Heating and plumbing equipment.

 

3. Paint, glass and wallpaper.

 

4. Electrical supplies.

 

5. Hardware and farm equipment.

6. Gasoline service stations.

 

7. Aircraft and marine craft and accessories.

 

8. Eating and drinking places, excluding drive-ins.

 

9. Hay, grains and feeds.

 

10. Farm and garden supplies.

 

11. Fuel and ice dealers.

 

E. Services.

 

1. Financial, insurance and real estate services.

 

2. Laundry services.

 

3. Rug cleaning and repair services.

 

4. Fur repair and storage.

 

5. Blueprinting and photocopying service.

 

6. Stenographic and other duplicating and mailing services.

 

7. Window cleaning services.

 

8. Disinfecting and exterminating services.

 

9. Employment services.

 

10. Warehousing and storage services.

 

11. Research, development and testing services.

 

12. Business and management consulting services.

 

13. Detective and protective services.

 

14. Equipment rental and leasing services.

 

15. Automobile and truck rental services.

 

16. Motion picture distribution and services.

 

17. Automobile repair and wash services.

 

18. Other repair services.

 

19. Medical and dental laboratory services.

 

20. Professional services.

 

21. Construction trade services.

 

22. Postal services.

 

23. Vocational or trade schools.

 

24. Business, professional and labor organizations.

 

25. Auditorium and exhibition halls.

 

26. Agricultural related activities.

 

F. Churches.

 

III. Building height, coverage, lot area, lot width, and yard regulations.

 

A. Building height.

 

None, except as prescribed within any airport runway approach zone (See Section 1.6).

 

B. Coverage.

 

No building or buildings upon any lot shall occupy more than:

 

1. 35% coverage on buildings of 0 to 50,000 square feet.

 

2. 40% coverage on buildings of 50,000 to 100,000 square feet.

 

3. 45% coverage on buildings of 100,000 square feet or more.

 

C. Yards.

 

1. Adjacent to streets: No building shall be located nearer than fifty (50) feet from any street property line of the lot it occupies nor nearer than a distance equal to fifty percent (50%) of its height measured from the centerline of the street, whichever distance is greater.

 

2. Adjacent to interior property lines. No building shall be located nearer than ten (10) feet from any interior property line or nearer than fifty (50) feet or a distance equal to fifty percent (50%) of its height, whichever is greater, from any interior property line which forms a boundary of the industrial district. Where an alley or other easement right of way borders any interior property line, the above distances may be measured from the centerline of such right of way.

 

IV. Parking and loading regulations.

 

There shall be no parking or loading permitted upon any public right of way within the GP-1 zone. All off-street parking and loading space within the GP-1 zone shall observe at least the requirements of Section 80-169 Code of Ordinances (commonly known as the Zoning Ordinance). Churches shall provide parking in accordance with Section 80-444.

 

2.2 GP-2 General Transient Retail Business.

2.2-A Purpose.

 

The GP-2 zone is primarily related to business services for the traveling public, as distinguished from businesses providing general retail goods and services for local residents. The district is oriented primarily to major interstate highway and to other travel oriented facilities.

 

2.2-B Permitted uses.

 

The following uses are permitted:

 

I. Principal uses.

 

1. Hotels, motels, tourist courts.

 

2. Bus and other transit passenger terminals.

 

3. Taxi stands.

 

4. Automobile parking.

 

5. Telephone exchange stations.

 

6. Telegraph message centers.

7. Utility right of way and utility substations.

 

8. Travel arranging services.

 

9. Gasoline service stations.

 

10. Eating places, excluding drive-ins.

 

11. Drinking places, excluding drive-ins.

 

12. Office buildings.

 

13. Automobile rental services.

 

14. Governmental services.

 

15. Churches.

 

2.2-C Building height limit.

 

None, except as required in any airport runway approach zone (see Section 1.6).

 

2.2-D Building coverage limit.

 

No building or buildings shall cover more than thirty-five percent (35%) of the lot area.

 

2.2-E Yards.

 

Same as GP-3.

 

2.2-F Parking and loading regulations.

 

Same as GP-3.

 

2.3 GP-3 Regional Business.

 

I. Purpose.

 

The GP-3 zone is intended primarily for major business services and retail trades serving a broad regional segment of the City outside of the Central Business District, and is located in relation to intersecting major thoroughfares. Transient accommodations are the only residential uses included within the district.

 

II. Permitted uses.

The following uses shall be permitted:

 

A. Principal uses.

 

1. Hotels, motels.

2. Bus or other transit passenger terminals.

 

3. Taxi stands.

 

4. Automobile parking.

 

5. Telephone exchange.

 

6. Telegraph message centers.

 

7. Radio and television broadcasting studios (only).

 

8. Utility right of way or utility substations.

 

9. Travel arranging services.

 

10. Churches.

 

B. Retail businesses.

 

1. Heating and plumbing equipment.

 

2. Paint, glass and wallpaper.

 

3. Electrical supplies.

 

4. Hardware.

 

5. Department stores.

 

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

 

7. Merchandise vending machines operators.

 

8. Food stores of all kinds.

 

9. Tires, batteries and automobile accessories.

 

10. Gasoline service stations.

 

11. Clothing stores of all kinds.

 

12. Shoe stores.

 

13. Tailoring.

 

14. Furniture and floor coverings.

 

15. Home furnishings of all kinds.

 

16. Household appliances, radios and television sets.

 

17. Music supplies.

 

18. Eating and drinking places.

 

19. Drug and proprietary.

 

20. Liquor.

 

21. Antiques.

 

22. Books and stationery.

 

23. Sporting goods.

 

24. Bicycles.

 

25. Lawn and garden supplies.

 

26. Jewelry.

 

27. Florists.

 

28. Cigars and cigarettes.

 

29. Newspapers and magazines.

 

30. Cameras and photographic supplies.

 

31. Gifts, novelties and souvenirs.

 

32. Optical goods.

 

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.

 

34. 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.

 

C. Services.

 

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

 

2. Laundry and dry cleaning self-service.

 

3. Photographic services.

 

4. Beauty and barber services.

 

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

 

6. Fur repair and storage services.

 

7. Shoe repair, shoe shining and hat cleaning services.

8. Advertising services (offices).

9. Blueprinting and photocopying services.

 

10. Stenographic and other duplicating and mailing services.

 

11. News syndicate services.

 

12. Employment services.

 

13. Business and management consulting services.

 

14. Detective and protection services.

 

15. Equipment rental and leasing services (except vehicles).

 

16. Trading stamp services.

 

17. Electrical repair, including radio and television.

 

18. Watch, clock and jewelry repair.

 

19. Upholstery and furniture repair.

 

20. Physician and dental services.

 

21. Medical and dental laboratory services.

 

22. Medical clinic - outpatient services.

 

23. Legal and other professional services.

 

24. Government services.

 

25. Professional, business and stenographic schools.

 

26. Barber and beauty schools.

 

27. Art, music and dancing schools.

 

28. Welfare and charitable services.

 

29. Business association and professional and labor organizations.

 

30. Civic, social and fraternal associations.

 

31. Libraries.

32. Museums.

 

33. Art galleries.

 

34. Motion picture theatre (except drive-ins).

 

35. Auditoriums and exhibition halls.

 

36. Penny arcades.

 

37. Roller skating and ice skating rinks.

 

38. Bowling alleys.

 

39. Recreation centers, general.

 

40. Gymnasium, athletic clubs.

 

41. Swimming pools.

 

42. Medical complex, including medical offices, clinics, outpatients, hospitals.

 

43. Car washes, provided that sufficient space is provided on-site for stacking a minimum of five (5) cars per bay and that the paved area is setback a minimum of twenty (20) feet from all streets other than freeways, expressways, parkways and other arterial streets for which setbacks are regulated by Chapter 4.1-B, General Urban Design Standards, of the KCIA General Plan Development District. Where the property adjoins any property zoned R-1, R-2, R-3, R-4, R-5, R-6, GP-4, GP-5 and GP-6, a six (6) foot high solid fence and plant materials shall be installed along the district line, unless the district line is not the property line and, in that case, the fence shall be installed along the property line.

 

III. Building height, coverage, and yards regulation.

 

A. Buildings Heights. None, except as prescribed within any airport runway approach zone (see Section 1.6).

 

B. Coverage. No building or buildings upon any lot shall occupy more than thirty-five percent (35%) of the lot area.

C. Yards.

 

1. Adjacent to streets: No building shall be located nearer than fifty (50) feet from any street property line of the lot it occupies, nor nearer than a distance equal to fifty percent (50%) of its height measured from the centerline of the street, whichever distance is greater.

 

2. Adjacent to interior property lines: None, except adjacent to an interior property line which forms a boundary with a residential district or a lot occupied by a residential use.

 

In this case, no building or buildings shall be located nearer than fifty (50) feet or a distance equal to fifty percent (50%) of the buildings height, whichever is greater, from said interior property line.

 

IV. Parking and loading regulations.

 

There shall be no on-street parking or loading permitted upon any public right of way within any GP-3 zone. However, off-street parking shall be provided in the amount not less than the provisions of Section 80-444 and Section 80-445, Code of Ordinances (the Zoning Ordinance).

 

2.8. GP-8. Airport and Conservation Uses.

 

I. Purpose.

 

GP-8 zone is intended to promote airport and/or conservation uses in the immediate vicinity of KCI Airport and to limit housing and certain commercial uses which are incompatible with the use of the airport and related airport uses. Further, GP-8 is intended to provide services to the airport and related airport services.

 

II. Permitted uses. The following uses shall be permitted.

 

A. Principal uses.

 

1. Airports, public, including passenger and freight terminals, aircraft storage, maintenance and related services for aircraft and air passengers.

 

2. Manufacturing, processing, storage, packaging, or assembling of aircraft.

 

3. Hotels and accessory uses, including but not limited to, bars, restaurants, gift shops and hair salons.

 

4. Railroad right of way.

 

5. Utility rights of way, substations and pressure control stations.

 

6. Water treatment plants or water storage.

 

7. Sewage treatment plants.

 

8. Cemeteries.

 

9. Governmental services.

 

10. Golf courses.

 

11. Playgrounds, playfields and athletic fields.

 

12. Swimming beaches.

 

13. Boat rentals and boat access sites and marinas.

 

14. Camping or picnic grounds.

 

15. Group or organized camps for recreation.

 

16. Parks, public.

 

17. Farms for raising of all crops.

 

18. Orchards.

 

19. Truck gardening.

 

20. Poultry farms.

 

21. Farms for the raising of livestock.

 

22. Dairy farms.

 

23. Apiary farms.

 

24. General farms, ranges and pastures.

 

25. Grist milling, cornshelling, hay baling and threshing services.

 

26. Horticultural services.

 

27. Nurseries for trees, plants, and shrubs including retail sale when grown on the premises.

 

28. Fish hatcheries.

 

29. Quarrying and other extraction of minerals (subject to Section 4.4).

 

30. Churches.

 

Section B. Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Appendix B, Kansas City Longview Lake General Planned Development District, Section 2.2, Permitted uses by districts, and enacting in lieu thereof one new section of like number and subject matter, to read as follows.

 

Sec. 2.2. Permitted uses by districts.

 

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

 

1. Principal uses in District GPA requiring approval of a development plan in accordance with Section 80-206:

 

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

 

b. Cemeteries.

 

c. Churches.

 

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

 

(1) 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.

 

(2) 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.

 

(3) Submission of:

 

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

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

 

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

 

(d) 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.

 

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

 

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

 

(1) Purpose.

 

(a) 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.

 

(b) 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.

 

(2) 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.

 

(3) 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.

 

(4) Location.

(a) 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.

 

(b) 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.

 

(c) 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.

 

(d) 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.

 

(e) Separation of facilities:

 

(i) 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.

 

(ii) 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.

 

(f) 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.

 

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

 

(5) Type of facility.

 

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

 

(b) 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.

 

(c) 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.

 

(6) 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.

 

(7) Screening.

 

(a) 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.

 

(b) 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.

 

(8) 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.

(9) 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.

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

 

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

 

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

 

i. Veterinarian services.

 

j. Utility substations.

k. Accessory uses customarily incident to the uses listed in this subsection A.1.

 

2. Principal uses permitted in GPA which do not require approval of a development plan:

 

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

 

b. One-family dwellings, including private garages, decks and balconies as defined in Section 80-20 and in accordance with the yard, setback and size requirements of Sections 80-42(b) and 80-43(3).

c. Railroad and utility right-of-way.

 

d. Government services and public recreation areas.

 

e. Accessory uses customarily incident to the uses listed in this subsection A.2.

 

B. GPR-1. The following uses shall be permitted and require approval of a development plan in accordance with Section 80-206:

 

1. One-family dwellings, including private garages, decks and balconies as defined in Section 80-20 and in accordance with the yard, setback and size requirements of Sections 80-42(b) and 80-43(3).

 

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.

 

C. GPR-2. The following uses shall be permitted and require approval of a development plan in accordance with Section 80-206:

 

1. One-family dwellings, including private garages, decks and balconies as defined in Section 80-20 and in accordance with the yard, setback and size requirements of Sections 80-42(b) and 80-43(3).

 

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.

 

D. GPO. The following uses shall be permitted and require approval of a development plan in accordance with Section 80-206:

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.

 

6. Churches.

 

E. GPC. The following retail and service business shall be permitted and require approval of a development plan in accordance with Section 80-206 providing all such activity is contained entirely within a building:

 

1. Retail Businesses

 

a. Antiques

 

b. Bicycles

 

c. Books and stationery

 

d. Cameras and photographic supplies

 

e. Cigars and cigarettes

 

f. Clothing stores of all kinds

 

g. Department stores

h. Drug and proprietary

 

i. Eating and drinking places

 

j. Electrical supplies

 

k. Florists

 

l. Food stores

 

m. Furniture and floor coverings

 

n. Gasoline service stations

 

o. Gifts, novelties and souvenirs

 

p. Hardware

 

q. Heating and plumbing equipment

 

r. Home furnishings

 

s. Household appliances, radios and television sets

 

t. Jewelry

 

u. Lawn and garden supplies

 

v. Liquor stores

 

w. Music supplies

 

x. Newspapers and magazines

 

y. Optical goods

 

z. Paint, glass and wallpaper

 

aa. 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.

 

bb. Shoe stores

 

cc. Sporting goods

 

dd. Tailoring

 

ee. Tires, batteries and automobile accessories

 

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

 

gg. 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.

 

2. Services

 

a. Advertising services (offices)

 

b. Art, music and dancing schools

 

c. Art studios and galleries

 

d. Auditoriums and exhibition halls

 

e. Barber and beauty schools

 

f. Beauty and barber services

 

g. Blue printing and photocopying services

 

h. Bowling alleys

 

i. Business and management consulting services

 

j. Business association and professional and labor organizations

 

k. Civic, social and fraternal associations

 

l. Detective and protection services

 

m. Electrical, plumbing and mechanical repair services

 

n. Employment services

 

o. Equipment rental and leasing services (except vehicles)

 

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

 

q. Fur repair and storage service

 

r. Government services

 

s. Gymnasium, athletic clubs

 

t. Laundry and dry cleaning self-service

 

u. Legal and other professional services

 

v. Libraries

 

w. Medical clinic - out patient services

 

x. Medical and dental laboratory services

 

y. Motion picture theater (except drive-ins)

 

z. Motels

 

aa. Museums

 

bb. News syndicate services

 

cc. Photographic services

 

dd. Physician and dental services

 

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

 

ff. Professional, business and stenographic schools

 

gg. Radio and television broadcasting (studio only)

 

hh. Reupholstery and furniture repair

 

ii. Shoe repair, shoe shining and hat cleaning services

 

jj. Stenographic and other duplicating and mailing services

 

kk. Swimming pools

 

ll. Trading stamp services

 

mm. Travel agencies

 

nn. Watch, clock and jewelry repair

 

oo. Welfare and charitable services

 

3. Churches.

 

F. GPI. The following uses shall be permitted and require approval of a development plan in accordance with section 80-206:

 

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.

 

7. Churches.

 

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