9. Golf courses and
country clubs.
10. Playgrounds,
playfields, athletic fields, swimming beaches.
11. Boat rentals and
boat access sites and marinas.
12. Camping and picnic
grounds.
13. Hunting and fishing
clubs.
14. Groups or organized
camps for recreation.
15. Veterinarian
services.
16. Horticultural
services.
17. Nurseries for trees,
plants, and shrubs including retail sale when grown on the premises.
18. Quarries and other
extraction of minerals (subject to Section 4.4). Asphalt plants and concrete
mixing plants are permitted as accessory uses.
19. Commercial
communication towers, subject to the following conditions:
(a) That
the tower be set back a distance of at least two-thirds the tower height to the
nearest property line from center of tower and guy wires and sim8ilar support
devices be no closer than twenty (20) feet from any lot line.
(b) That
height of tower shall be subject to meeting the setback requirements as stated
in (a) above, or shall be limited to the height requirements if within an
airport approach zone as defined in Section 6-73, Code of Ordinances, whichever
is less.
(c) That
the applicant submit:
(i) Site
plan showing the location of the tower and any outbuildings proposed or
existing on the property, fences and screenings.
(ii) Engineering
specifications detailing construction of tower, base and guy wire anchorage.
(iii) Provision
for anti-climb fence around perimeter of tower.
(iv) Details
of any accessory building including construction plans, elevations and use with
provisions for one parking space for every two persons anticipated to be
working in the building.
(d) That
applicant present documentation of the possession of any required license by
any federal, state or local agency.
20. Wireless
communication facilities, subject to the following conditions:
(a) Purpose.
(1) Collocation
as City policy. Wireless communication providers are encouraged to collocate
at single sites unless technically and economically impossible. This goal
recognizes that the reduction in the number of facilities may result in an
increase in the height of facilities that are permitted.
(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) Collocation.
An applicant shall describe efforts made to collocate the required equipment on
existing wireless communications facilities and on other existing structures.
An applicant shall describe why collocation is not possible, thus requiring the
construction of a new wireless communications facility. All new facilities
shall be construct4ed to permit the collocation 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 collocation of public safety
communications facilities owned or operated by the City or the City Police
Department on terms and conditions mutually agreeable to each party.
(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 building 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 not
suitable sites available that meet the one mile separation requirement. A lack
of suitable sites means that there are no existing wireless communications
facilities available for collocation, no 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 systems.
(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 districts 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 constructions 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 within 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 than 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
collocation. If an applicant establishes that by use of an alternative design,
without guy wires, that collocation of facilities will occur, and that any
intrusion for a neighborhood is mitigated by collocation, 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 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 of 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.
B. Principal uses not requiring
approval of a development plan:
1. One-family
dwellings.
2. Railroad right of
way.
3. Parks, public.
4. Farms for the
raising of all crops.
5. Orchards.
6. Truck gardening.
7. Dairy farms.
8. Farms for the
raising of all livestock.
9. Poultry farms and
poultry hatching services.
10. Apiary farms.
11. Fish hatcheries.
12. General farms,
ranges and pastures.
13. Grist milling, corn
shelling, hay baling and threshing services.
14. Sorting, grading and
packaging of fruits and vegetables, and retail fruit and vegetable stands for
products grown on the premises.
III. Building
height, lot area and yards.
A. Building
height. Three (3) stories (see also Section 1.6).
B. Minimum
lot.
1. For one-family
dwellings, forty (40) acres.
2. For churches and
elementary schools, five (5) acres.
3. For secondary
junior and senior high schools and institutions of higher learning, ten (10)
acres.
C. Yards.
Minimum yard area adjacent to any property line, thirty (30) feet.
IV. Parking
and loading regulations.
Same
as regulation in Sections 80-444 and 80-445, Code of Ordinances (the Zoning
Ordinance).
Section 2. That the Council
finds and declares that before taking any action on the proposed amendment
hereinabove, all public notices and hearings required by the Zoning Ordinance
have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
Assistant
City Attorney