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Legislation #: 961520 Introduction Date: 11/21/1996
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS FINLEY, ASJES AND SWOPE
Title: Amending chapter 80, Code of Ordinances, commonly known as the zoning ordinance, by enacting a new section 80-140(b)(1)e.3 entitled `Wireless communications facilities,´ and enacting a new chapter 25, Code of Ordinances, entitled `Communications Transmission Systems´ to adopt regulations for the placement and operation of wireless communications facilities.

Legislation History
DateMinutesDescription
11/21/1996

Prepare to Introduce

11/21/1996

Referred Planning, Zoning & Economic Development Committee

11/25/1996

Referred City Plan Commission

1/8/1997

Hold On Agenda

1/22/1997

Hold On Agenda

2/5/1997

Hold On Agenda

2/24/1997

Hold Off Agenda

12/10/1997

Hold On Agenda

12/17/1997

Hold On Agenda

1/7/1998

Do Pass as a Committee Substitute

1/8/1998

Assigned to Third Read Calendar

1/15/1998

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 961520

 

Amending chapter 80, Code of Ordinances, commonly known as the zoning ordinance, by enacting a new section 80-140(b)(1)e.3 entitled Wireless communications facilities, and enacting a new chapter 25, Code of Ordinances, entitled Communications Transmission Systems to adopt regulations for the placement and operation of wireless communications facilities.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Wireless communications facilities - C-2 districts. That for the purpose of enacting a new section 80-140(b)(1)e.3, Code of Ordinances, section 80-140 is repealed and a new section 80-140 is enacted to read as follows:


 

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

 

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

 

(b) Use regulations. In district C-2, no building or land shall be used, and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than one or a combination of the following uses:

 

(1) Principal uses.

 

a. Any use permitted in district C-1.

 

b. Retail/commercial:

 

1. Feed stores (no grinding).

 

2. Pet shops, if entirely within a building.

 

3. Commercial greenhouses.

 

c. Retail services:

 

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

 

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

 

3. Business and commercial schools.

 

4. Commercial photography and processing.

 

5. Frozen food lockers for individual or family use.

 

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

 

7. Ice delivery stations.

 

8. Job printing, newspapers, lithography and publishing.

 

9. Motels.

 

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

 

11. Package 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.

 

d. Automobile-related and automobile-oriented uses:

 

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

2. Brake lining, only installation and repair.

 

3. Bus stations for passenger pickup and discharge only.

 

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

 

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

 

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

 

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

 

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

 

9. Tire and battery stores.

 

10. Wheel aligning only.

 

e. Miscellaneous:

 

1. Cabinet shops or carpenter shops.

 

2. Commercial radio and television broadcasting stations 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 transmitting tower.

 

3. Wireless communication facilities.

 

(a) Purpose.

 

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

 

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

 

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

 

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

 

(d) Location.

 

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

 

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

 

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

 

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

 

(5) Separation of facilities.

 

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

 

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

 

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

 

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

 

(e) Setback.

 

(1) Property line.

 

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

 

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

 

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

 

(f) Type of facility

 

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

 

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

 

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

 

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

 

(g) Screening

 

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

 

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

 

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

 

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

 

4. Public utility stations or substations or terminals.

 

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

 

6. Telephone exchanges.

 

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

 

(2) Accessory uses.

 

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

 

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

 

(c) Height, yard and area regulations. In district C-2, the height of the buildings or structures, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements in district R-4:

 

(1) Height. Buildings or structures shall not exceed 45 feet in height. This height restriction shall not apply to wireless communications facilities, which may be erected up to 200 feet in height.

 

(2) Front yards.

 

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

 

b. Nonresidential structure, including hotels and motels. There need be no front yard in this district except where the district abuts or adjoins a district R-1, R-2, R-3, R-4 or R-5, within the same block and on the same side of a street. If the district abuts or adjoins such residential districts, there shall be a setback from the street for any building in the business district equal to one-half of the front yard requirement for the abutting or adjoining residential district under the height, yard and area regulations for the district. When the side property line of the residential property forms the greater portion (at least 70 percent) of the street property line in the residential district, there shall be a setback in the business district equal to the yard requirement for the residential district given in paragraph 3 under the height, yard and area regulations for that district, but such setback need not be more than eight feet.

 

(3) Side yards.

 

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

 

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

 

(4) Rear yards.

 

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

 

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

 

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

 

(d) Performance standards.

 

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

 

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

 

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

 

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

 

Section 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:

 

Chapter 25

Communications Transmission Systems

 

Article I

Wireless Communications Facilities

 

25-1. Purpose. 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.

 

25-2. Color. 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.

 

25-3. Materials. 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.

25-4. Equipment 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..

 

25-5. Access roads.

 

(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.

 

25-6. Radio frequency emissions.

 

(a) Compliance 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 Commission.

 

25-7. Removal of facility.

 

(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 Ordinances.

 

25-8. Bond 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.

 

25-9. Penalty. Violations of this chapter shall be punishable as provided in section 1.17, General penalty; continuing violations, Code of Ordinances.

 

Section 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 and had.

 

Section 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.

 

Section 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 ordinance:

 

Section 80-140(b)(1)e.3.(f) Screening

Section 80-140(b)(1)e.3.(g) Lighting

Section 80-140(b)(1)e.3.(h) Signs

Section 25-2 Color

Section 25-5 Access Roads

Section 25-8 Bond for removal

_____________________________________________

 

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