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