80-140. District C-2 (local retail business).
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.
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:
use permitted in district C-1.
stores (no grinding).
shops, if entirely within a building.
1. Aluminum or other
similar metal collection centers, provided the center is self-enclosed and no
compaction or processing occurs on the site.
or cocktail lounges, when in conformance with chapter 10.
and commercial schools.
photography and processing.
food lockers for individual or family use.
6. Funeral homes or
undertaking establishments, when located on a major thoroughfare.
printing, newspapers, lithography and publishing.
or taverns, when in compliance with chapter 10.
liquor stores, when in compliance with chapter 10.
12. Recreation centers
and activities, including but not limited to arcades, skating rinks, trampoline
centers, batting cages, dance halls, pool halls, pony tracks or rings for
children only, miniature golf courses and miniature trains, and theaters or
movies (other than drive-ins).
13. Sign painting or
sign shops if fronting on a major thoroughfare and provided there is no open
storage of trucks or goods.
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.
lining, only installation and repair.
stations for passenger pickup and discharge only.
4. Carwashes, provided
sufficient space is provided on the site for stacking a minimum of five cars
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
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.
businesses, including garage, servicing and parking facilities.
and battery stores.
shops or carpenter shops.
2. Commercial radio
and television broadcasting stations provided that any transmitting tower
associated with said station shall maintain a setback of two-thirds the
transmitting tower height from the nearest property line to the center of the
(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.
(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.
(1) Property line.
(a) Front property lines. A setback of
at least 50 feet shall apply to the front property line, unless a larger
(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.
(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.
- 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
(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
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.
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.
f. Other business or service
activities of the character enumerated in this subsection, not included in any
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
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:
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.
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.
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.
dwelling structure. Same as in district R-4.
structure, including hotel and motel. Same as for district C-1.
area per family. Same as for district C-1.
(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.
and loading regulations. Parking and loading regulations shall be as
provided for in sections 80-444 and 80-445.
Sign regulations shall be as provided in this chapter.
2. Wireless communications facilities regulations. That the Code of Ordinances is amended to enact a
new chapter 25 entitled Communications Transmission Systems and to establish
Article I entitled Wireless Communications Facilities to read as follows:
Communications Transmission Systems
Wireless Communications Facilities
This article provides regulations applicable to wireless communication systems
in addition to engineering and construction requirements imposed by the
building code, siting and location requirements imposed by the zoning
ordinance, and general maintenance requirements imposed by the property
conservation code. Because the City, along with federal and Missouri
regulators have a responsible to properly implement the regulations developing
around new technology, the terms used in this ordinance shall have the meanings
used in federal and State law.
The color of a wireless communications facility should be a neutral shade.
However, a wireless communications facility shall be painted to match
structures to which the facility is attached or to which it is made a part in
an effort to disguise the facility. Color schemes required by federal
authorities, including the Federal Communications Commission or the Federal
Aviation Administration are recognized as superseding local requirements for
color when the requirements are inconsistent.
The design of the facility shall use building materials, textures,
screening and landscaping to effectively blend the facility and the property on
which it is built into the surrounding setting and built environment.
buildings or cabinets. Buildings or cabinets shall be properly maintained,
and provide the appearance of a permanent structure. Buildings or cabinets
shall be consistent with the built environment around the facility to maximize
the blending of the facility into the environment..
(a) Developed areas. Access drives to
the site must be asphalt or concrete, at least 12 feet wide, if the facility is
located within an area developed with hard surface roads or streets.
(b) Undeveloped areas. Access drives to
facilities located in undeveloped areas will be constructed of all weather
material. If a drive is constructed of gravel or other non-asphalt or
non-concrete surface approved surface, that drive may continue to be used in
accordance with applicable regulations and maintenance standards until the area
around the wireless communications facility begins to develop. Once
construction begins on a project or segment of a project that includes the use
of asphalt or concrete for surfacing access drives, the access drive to the
wireless communications facility shall be upgraded to asphalt or concrete, at
least 12 feet wide, within six months of commencement of the project or segment
of the project causing the required upgrade. 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
upgrade the access drive.
with FCC regulations. Any wireless communications facility that produces
radio frequency emissions which fails to comply with regulations of the Federal
Communications Commission may not be operated.
(b) Reporting. A wireless
communications operator will submit a copy of all required reports and forms
submitted by the operator to the Federal Communications Commission showing the
operators compliance or noncompliance with the Federal Communications Commissions
regulations. The copy shall be submitted to the Citys Director of City
Development at the time the original is submitted to the Federal Communications
(a) Removal of unused facilities. Any
wireless communications facility no longer used for its original communications
purpose shall be removed at the owners or permit holders expense. The owner
or permit holder shall provide a copy to the City of any federally required
notice of intent to cease operations. This notification shall be provided to
the Director of Codes Administration. The owner or permit holder shall have
ninety (90) days in which to remove the facility from the date operations
cease. In the case of multiple operators sharing a single facility, this
provision shall not become effective until all users cease operations.
(b) Public nuisance declared. Any
wireless communications facility unused for more than ninety (90) days as part
of an operating wireless communications system but not removed in accordance
with the requirements of this section is declared a public nuisance. The
director of neighborhood and community services will enforce this declaration
of nuisance pursuant to the terms of chapter 48 Nuisances, Code of
for removal. To ensure the timely removal of an unused facility, an
applicant for a permit to construct a wireless communications facility shall
submit a bond in the amount of $20,000. Whether or not the bond ultimately is
sufficient to pay for the abatement of a public nuisance caused by the
abandonment or nonuse of a facility, the property owner or owner of the
facility shall be responsible for the costs of abatement. The bond shall be
submitted to the Director of Codes Administration before a permit for
construction is issued. Such bond shall be released by the City only upon the
removal of the facility or upon receipt of a substitute bond.
Violations of this chapter shall be punishable as provided in section 1.17,
General penalty; continuing violations, Code of Ordinances.
3. Public notices given.
That the Council finds and declares that before taking any action on the
proposed amendment hereinabove, all public notices and hearings have been given
4. Application to existing
facilities. That reflecting the importance of the protection of the
public safety, health and welfare, while balancing the legitimate needs of
operators and owners of current facilities, all provisions of Section 1
amending section 80-140(b)(1)e.3, and Section 2 enacting a new Chapter 25,
Article I shall apply to existing facilities except those provisions
specifically addressing new facilities.
5. Time period for compliance.
That because some provisions of the new section 80-140(b)(1)e.3, and the new
Chapter 25, Article I may require an operator to make modifications at the site
of a facility, the following provisions shall not be effective when applied to
existing facilities for 180 days following the effective date of this
25-5 Access Roads
25-8 Bond for removal
hereby certify that as required by Chapter 80, Code of Ordinances, the
foregoing ordinance was duly advertised and public hearings were held.
City Plan Commission
as to form and legality: