COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970122
Amending Chapter 80, Code of Ordinances of the City of
Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing
Section 80-213, Conditional uses permitted for unlimited time, and enacting in
lieu thereof a new section of like number and subject matter.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 80, Code of Ordinances of
the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is
hereby amended by repealing Section 80-213, Conditional uses permitted for
unlimited time, and enacting in lieu thereof a new section of like number and
subject matter, to read as follows:
Sec. 80-213. Conditional uses permitted for
unlimited time.
(a) The conditional uses set forth in this section
shall comply with the height, yard, area and parking regulations of the use
district in which such conditional uses are authorized, except as otherwise
provided. Such conditional uses may be authorized by the board of zoning
adjustment for an unlimited time subject to the conditions and restrictions
listed in this section.
(b) The following uses may be permitted in the
districts designated and, where otherwise not permitted, by permission of the
board of zoning adjustment on submittal of a plan by the applicant; provided
that, in the judgment of the board, such use will not materially injure the
appropriate uses of adjoining property, and will conform to the general intent
and purpose of this chapter, including the requirements for off-street parking
and loading facilities, and after receiving the report and recommendation of
the director of city development and only after a public hearing. The director
shall report as to whether or not any use to be permitted under this section is
compatible with the plan for the development of the city used as a guide by the
director on all matters referred to him. After a review of the plans, the
director may make such recommendations for additional conditions as he may deem
appropriate. The director may file a report with the board within 30 days of
receipt of the application and plan, or within 30 days of any requested
amendment thereof.
(1) Amusement parks and recreation centers
consisting of two or more recreational uses, in districts C-2 and
C-3, subject to the following conditions:
a. The facilities and grounds shall be a
sufficient distance from any area zoned
R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or
R-6 so that noise, traffic
generation and other effects will not be
adverse to the residential
neighborhood. Where the property adjoins
such zoning districts, no building
or facility shall be nearer than 100 feet
to any such district and no driveway
or parking area shall be nearer than 50
feet to such common boundary unless
topography or other factors justify a
lesser setback.
b. Plans for shrubbery, landscaping and
fencing shall be presented to the board
and made a part of the permit.
c. Outdoor lighting shall be so designed as
to reflect away from adjoining
residential zoned property.
d. Access to the property shall be directly
from major thoroughfares.
e. Parking space for patrons and employees
shall be provided on the site equal
to one space for each 500 square feet of
total site area, exclusive of setback
and parking areas, or one space for each
four persons based on the anticipated
capacity, whichever is greater. These
standards set out in this subsection are
minimum standards for parking. The board
may require additional parking if
review of the proposed operation so
indicates.
f. A permit may be issued for a specified
period as well as for an unlimited time.
If the permit is for a specified period of
time, the board may renew the permit
upon expiration.
(2) Aviation fields, airports and heliports in
districts RA, R-6, C-1, C-2, C-3, M-1, M-2 and M-3, provided the
following conditions are met:
a. Plans of any airport or heliport shall
include all approach and departure paths
as necessary to ensure safe and adequate
landing and takeoff area and shall be
supplemented by a favorable report by the
local airport district office of the
Federal Aviation Administration (FAA).
b. Adequate safety provisions shall be
provided and indicated by plans which
control or restrict access to the landing
and takeoff areas by the general
public.
c. Landing and takeoff areas shall be
surfaced in such a manner as to avoid the
blowing of dust or dirt onto neighboring
property.
(3) Cemeteries, burial grounds, graveyards,
mausoleums or crematories in districts R-1, RA, R-2, R-3, R-4 and
R-5.
(4) Commercial baseball or athletic fields,
racetracks, fairgrounds, batting cages or golf ranges in districts
RA, R-3, R-4, R-5, C-1, C-2 and C-3, subject to the following
conditions. Baseball parks are first allowed
outright in district M-1, as provided in
section 80-180.
a. Where the property adjoins any area zoned
R-1 and R-2, no building or
facility shall be nearer than 100 feet to
any such district and no driveway or
parking area shall be nearer than 50 feet
to such common boundary unless
topography or other factors justify a
lesser setback.
b. A plan for landscaping and fencing shall
be submitted to the board for
approval and made a part of the permit.
The board may require specific
landscaping and specific fencing to
protect adjoining properties.
c. Outdoor lighting shall be so designed as
to reflect away from adjoining
property.
d. Access to the property shall be directly
from a major thoroughfare.
e. Parking spaces for commercial baseball or
athletic fields, racetracks and
fairgrounds shall be one per each four
persons, plus one per each four
employees. Parking spaces for batting
cages shall be one space for each cage,
and, for golf driving ranges, one space
for each pad or tee-box.
f. A permit may be issued for a specified
period as well as for an unlimited time.
If the permit is for a specified period of
time, the board may renew the permit
upon expiration.
(5) Country club clubhouses, golf course clubhouses
and private clubs in districts R-1, RA, R-2 and R-3, subject to
meeting all the conditions and restrictions set forth in this
subsection. Private clubs are first allowed
outright in district R-4, as provided in
section 80-80.
a. The property shall be at least four acres
in size.
b. The property shall have direct access to a
major thoroughfare. The club
property, when in connection with a
subdivision plan or an overall plan for
community development, may be located on a
minor street having a minimum
right-of-way width of 60 feet and a
minimum pavement width of 34 feet
between the club site and a major
thoroughfare.
c. The front, side and rear yards for all
buildings and structures, including
outdoor recreation areas and parking lots,
but excluding fences and walls,
shall be at least 30 feet in width or
depth.
d. Off-street parking shall be provided on
the basis of one space for every two
members.
e. Vehicular access shall be only from a
major thoroughfare; or, when the club
site is located on a minor street, vehicular
access shall be only from a minor
street having a minimum right-of-way of 60
feet and a minimum pavement
width of 34 feet.
f. Parking areas shall be hard-surfaced, and
outdoor recreation facilities and
parking areas shall be appropriately
screened by landscaping or a wall if
adjacent to adjoining residential
property. Outdoor lighting shall be so
designed as to reflect away from adjoining
residential property. Outdoor
recreation facilities shall not be used
later than 10:00 p.m., and lighting for
such facilities shall be turned off at
that time.
(6) Gas and oil drilling in any district, subject
to the following conditions and restrictions:
a. Any oil or gas well within 165 feet of a
residential district shall be visually
screened.
b. Any wellhead shall be screened within six
months after installation of the
pumps and storage tanks.
c. Any storage tank shall be located at least
165 feet from the property line.
(7) Group homes for various types of individuals
requiring special consideration, as follows:
a. Children's day nurseries and children's
boarding homes in districts R-1, RA,
R-2 and R-3, if the primary use of the
land or if providing care for more than
ten children within a home, subject to
meeting all of the following conditions
and restrictions:
1. The property shall have a minimum lot
area of 20,000 square feet and
shall have a minimum lot width of 100
feet.
2. Not less than 500 square feet of lot
area shall be provided for each
child.
3. Side yards shall be at least 100
percent greater than the side yard
required in the district.
4. Not less than 100 square feet of open
play space shall be provided on
the lot for each child.
5. All open play areas shall be
completely enclosed with a tight fence at
least four feet in height.
6. The property shall front or abut on a
collector street.
7. The property shall be adequately
screened from adjoining properties.
8. A permit may be issued for a
specified period as well as for an
unlimited time at the request of the
applicant and at the discretion of
the board. If the permit is for a
specified period of time, the board may
renew the permit upon expiration.
b. Convalescent, nursing and old folks'
homes, in districts R-1, RA, R-2 and R-3,
subject to meeting the following
conditions and restrictions:
1. The property shall have a minimum lot
area of 20,000 square feet and
shall have a minimum lot width of 100
feet.
2. Not less than 500 square feet of lot
area shall be provided for each
patient.
3. Side yards shall be at least 100
percent greater than the side yard
required in the district.
4. Off-street parking shall be provided
for on the basis of one space for
each living unit, or, in the case of
dormitory design, one space for
each four beds and one space for each
four employees.
5. The number of beds, if dormitory
design, shall not exceed six times
the number of dwelling units per
square foot of lot area in the district
in which the use is located; or the
number of living units shall not
exceed twice the number of dwelling
units per square foot of lot area
in the district in which the use is
located.
6. A permit may be issued for a
specified period as well as for an
unlimited time at the request of the
applicant and at the discretion of
the board. If the permit is for a
specified period of time, the board may
renew the permit upon expiration.
c. Group day care homes in districts R-1, RA,
R-2, R-3, GP-5, GP-6 and GP-7
subject to the following conditions:
1. The primary use of the premises shall
be residential.
2. The use shall be primarily carried on
or conducted by members of a
family residing in the dwelling.
3. Day care shall be provided for no
more than ten children and no less
than seven within
any 24-hour period; provided, however, that in the
event of overlapping shifts the day care home may have
twice the
number of children permitted for a
period of time not to exceed one
hour.
4. One off-street parking space shall be
provided if an assistant is to be
employed.
5. All open play areas shall be
completely enclosed with a tight fence at
least four feet in height.
6. The permit shall be issued to a
particular provider. A change in the
day care provider shall require
another public hearing. Furthermore,
the board may limit the use to a
specified time as well as an unlimited
time. If the permit is for a
specified time, the board may renew the
permit.
(8) Medical office buildings in districts R-4 and
R-5, when located immediately adjacent to a hospital or when the
property is located directly across a street from a hospital,
and subject to meeting all of the following
conditions and restrictions:
a. Vehicular access may be on the same street
on which the hospital property is
located, but on no other streets.
b. The buildings shall not exceed the maximum
height requirement of the
districts in which they are located.
c. Buildings shall front on the street on
which the hospital property is located or
on interior parking areas.
d. Prescription shops, pharmaceuticals,
laboratory and X-ray facilities,
restaurants or other such similar
facilities serving only those who maintain
offices or are employed in such buildings
may be permitted within the building
as accessory uses, provided no display or
sign is used to advertise such use
and provided all access to such facilities
is within the building with no outside
entrances.
e. One off-street parking space shall be
provided on the premises for each 500
square feet of gross floor area, exclusive
of basements and floor area devoted
to parking and entranceways. Off-street
parking areas shall be developed as
set forth under section 80-444.
(9) Penal or detention centers or facilities in
which persons accused or convicted of offenses are held in custody,
confined or housed prior to or during trial or for
incarceration after trial and conviction,
excluding individuals confined to their own
home by means of electronic surveillance or an
equivalent thereto, in districts RA, M-1 and M-2, subject to the following
conditions:
a. The property shall have a minimum lot area
of two acres in districts RA, M-1
and M-2.
b. No such facility shall be located on
property which is within 1,000 feet from
any area zoned R-1, R-2, R-3, R-4, R-5,
R-6, R-4-O, R-5-O, GP-4, GP-5,
GP-6, GPR-1 and GPR-2, or within 1,000
feet of any educational institution;
library; museum; children's amusement
park; building primarily designed and
devoted for human habitation, excluding
motels and hotels; community center;
park; church, synagogue, temple or other
place of worship; or day care
facility.
c. All outdoor recreation areas and all
structures to be occupied by inmates shall
be set back a minimum of 200 feet in
district RA and 25 feet in districts M-1
and M-2.
d. The property on which the facility is to
be located shall provide a minimum lot
area of 350 square feet per occupant in
districts RA, M-1 and M-2.
e. Parking shall be provided on the basis of
one space per employee in the largest
shift plus one additional space per every
ten occupants. The board shall have
authority to require additional parking if
such additional parking is necessary
due to the special needs generated by the
particular facility.
f. A plan shall be submitted which provides
for the arrangement of buildings,
recreation space, parking and other
relevant matters and shall include a
statement delineating the number and types
of inmates, conditions of
incarceration and type of security to be
provided. In addition, the board may
request any additional information
necessary to evaluate the proposal and may
establish and impose conditions for
approval.
(10) Pet cemeteries in district RA, subject to the
following conditions:
a. The property shall be at least three acres
in size.
b. The property shall have at least 120 feet
of lot frontage.
c. The front, side and rear yards for all
buildings and structures, including all
graves, parking lots and drives, shall be
at least 20 feet in width and depth.
d. Plans for landscaping, screening and
fencing, including locked gates for all
entry points, shall be submitted to the
board for approval and made a part of
the permit. The board may require specific
landscaping and specific fencing
to protect adjoining properties.
e. All drives and parking lots shall be paved
with asphalt or concrete materials.
f. Pet cemeteries shall not be opened later
than 10:00 p.m. and lighting for such
use shall be turned off at that time. The
animal and/or burial container shall be
placed at least 18 inches below the
surface of the ground with at least 18
inches of soil placed upon the animal
and/or burial container.
(11) Signs, informational or directional, to
identify shopping centers or residential districts in R-1, RA, R-2,
R-3, R-4, R-5 or C-1 districts, where the board shall find such signs
to be in the public interest and upon approval
of a specific plan and design and in
accordance with the following conditions and
restrictions:
a. Such sign shall be located within a radius
of one-half mile of the area it
identifies and shall be located on a
corner lot at a street intersection, one street
of which is a major thoroughfare. Signs
which identify a residential district or
subdivision or district so identified need
not be on a major thoroughfare and
need not be on a corner lot. On-premises
signs which identify an apartment
complex need not be at a street
intersection. Where the complex abuts on two
or more major thoroughfares, one
identification sign shall be permitted along
each street.
b. The sign shall be designed in such manner
that it will, in the judgment of the
board, be in harmony with the character of
surrounding property. The ground
upon which the sign is located shall be
appropriately landscaped. The sign
shall show only the name, telephone
number, direction and distance to the
area designated.
c. The sign panel shall not exceed 40 square
feet in area, and the overall height
of the sign and the structure supporting
the sign shall not exceed 10 1/2 feet;
except, where the topography of the site
is such that this height is insufficient
for public viewing, the board of zoning
adjustment may grant height variances
not to exceed the difference in grade
between that of the roadway and that of
the sign site. Uses which have frontage on
interstate highways or expressways
may be permitted to increase the size of the
signs up to 25 percent with
approval of the board of zoning
adjustment, or the size of the sign may be
increased ten square feet over 40 square
feet for each additional 50-foot
distance from the right-of-way, up to a
maximum of 96 square feet. Any
illumination shall be by indirect lighting
only and shall create no glare on
adjoining property.
d. The location of such sign shall be
established as follows:
1. By a declaration of restrictions;
2. By an easement on a platted lot;
3. On platted property owned and
maintained by a homes association as
established by a recorded
declaration; or
4. On property under same ownership.
The sign shall be at least 75 feet from
the nearest point of any existing or
future residence which is located in a
residentially zoned district, except that
this provision shall not apply to a sign
identifying a residential district or
subdivision in which the sign is located.
e. On a corner lot, the sign shall not extend
forward of a diagonal line which
intersects the front and side property
lines of the lot at points 20 feet distant
from the common intersection of the front
and side property lines, or, if the
corner of the lot is platted on a radius,
the extension of the front and side
property lines to a point of common
intersection. On an interior lot, the sign
shall be set back at least one foot from
the right-of-way line and be no more
than two feet in height. For each additional
foot the sign is set back from the
right-of-way line, the sign's height may
increase an additional one foot in
height. However, the sign shall not exceed
10 1/2 feet in height.
(12) Travel trailer camps, only in RA and C-2
districts, subject to the following conditions and the provisions of
chapter 72:
a. The site selected for travel trailer camp
areas shall be well-drained and
primarily designed to provide space for
shortterm occupancy to the traveling
public. Location of the site need not
necessarily front on a major
thoroughfare, but it shall be directly
accessible to the major thoroughfare by
means of a private road or public road on
which it has frontage.
b. Minimum tract size shall be five acres,
and such tract shall be in one
ownership.
c. The maximum number of travel trailer
spaces allowed within the permitted
districts shall not be more than 20 spaces
per acre. Consideration shall be
given to whether the camp and the density
level are designed accordingly. The
densities of overnight use may be higher
than destination-type camps since it
primarily serves as a short stopping point
while the destination-type camp
located at or near a scenic historical or
outdoor recreational area provides for
longer and extended stays of several days
or weeks.
d. Minimum width of a trailer space shall be
25 feet, and it shall be so designed
to provide space for parking both the
trailer and towing vehicle off the
roadway. No trailer unit shall be closer
than ten feet to any other adjacent
unit, structure or roadway; and all spaces
shall have direct access to the
roadway. No unit shall be placed closer
than 30 feet to any of the
development property lines, and the ten
feet nearest to the property line shall
be permanently maintained as a sodded or
landscaped area.
e. The minimum open area required for a
common use of the trailer camp shall
be not less than ten percent of the gross
area of the camp. Common open
space shall be calculated as any open
unoccupied area remaining after the
dwelling spaces, buildings, roadways or
streets, parking areas and the ten-foot
permanent perimeter areas have been
deducted. This open space shall be
sodded or landscaped or otherwise designed
and made available for
recreational use.
f. A central office or convenience
establishment with an attendant shall be
provided within the trailer camp to
register guests and provide service and
supervision to the camp.
g. The applicant for a travel trailer camp
shall submit a development plan to the
board of zoning adjustment for approval.
Such plan shall contain the
information as required in this subsection
and any other information the board
reasonably shall deem necessary to fully
evaluate the proposed development.
The applicant shall submit the information
on a sheet size not to exceed 24-inch by 36-inch dimensions.
1. Existing condition map showing:
i. Legal description of the
proposed property.
ii. Location drawing showing the
existing development within a
one-half-mile radius of the
proposed location.
iii. Existing site plan indicating
the size of the site, topography (at
not greater than five-foot
contour intervals); right-of-way or
easement locations, size and
identification (water, gas, power,
telephone, storm sanitary
sewer); existing structures; tree
masses; drainageways and any
other unusual land forms or
features.
iv. Date prepared, scale and north
point.
2. Proposed development plans showing:
i. General layout of development,
with dimension sizes, number
of spaces and related sanitation
accommodations.
ii. Parking area location, sizes and
capacity.
iii. Ingress and egress points for
the projects.
iv. Use of structures.
v. General layout of typical travel
trailer spaces showing size of
spaces and proposed
improvements.
vi. General layout of the required
common open space
development indicating location
of recreational areas and
accessory convenience
establishment.
vii. Location of permanent open space
to be retained.
viii. Layout of roadways within
the camp.
ix. Net density of the proposed
project, expressed in terms of
units per acre.
x. General landscaping plan
indicating all new and retained plant
material to be incorporated
within the new development and
a layout of the outdoor lighting
system.
xi. Plan and method of sewage
disposal and water supply.
xii. Location plan and number of
proposed sanitary conveniences,
including proposed toilets,
washrooms, laundries and utility
areas.
The development shall provide a
general refuse storage area which
shall be provided with a paved
concrete surface and shall be enclosed
to screen it from view.
h. The travel trailer camps shall be planned
and constructed in accordance with
the minimum standards as established in
this section and as outlined in this
subsection:
1. All parking areas and roadways shall
be constructed and paved with
a hard-surfaced bituminous or
concrete material.
2. All camps shall be provided with
general outdoor lighting with a
minimum of 0.3 footcandle of general
illumination.
3. All yard areas and other open spaces
not otherwise paved or occupied
by structures shall be sodded or
landscaped and shall be maintained.
(13) Underground mines or quarries in district RA,
or use of such underground mined-out areas for uses not otherwise
permitted, provided the following conditions are met:
a. All surface access to such underground
mine or quarry shall be from within
a district M-2, and all surface access to
uses in any existing mined-out area
shall be from within a district in which
such use is permitted.
b. Surface and subsurface rights shall be in
single ownership or under unified
control, or surface rights shall be
dedicated to public use and subsurface rights
alone shall be retained for mining and
subsequent use.
c. No activities shall be conducted upon the
surface of such mine or mined-out
area other than as permitted in district
RA.
d. Exhaust air vents, air shafts or other
surface features necessary and incidental
to the underground operation shall be
enclosed on four sides to a height of at
least eight feet. No noxious gas or fumes
shall emanate from any exhaust air
vent on the surface of such mine or
mined-out area. Such facilities shall
observe the height and yard requirements
of district R-4.
e. A plan of operation indicating the extent
of the area proposed to be mined,
accompanied by profiles describing any
proposed subsequent use of the
mined-out areas, shall be included with
the site plan submitted to the board.
Section B. That the Council finds and declares that
before taking any action on the proposed amendment hereinabove, all public
notices and hearings required by the Zoning Ordinance have been given and had.
______________________________________________________________
Approved as to form and
legality:
_________________________________
Assistant City Attorney