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Legislation #: 010170 Introduction Date: 1/25/2001
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER DANAHER AND COUNCILMEMBER COOPER
Title: Amending Chapter 80, Code of Ordinances, by amending Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses to include asphalt plants and concrete mixing plants as accessory uses to quarries.

Legislation History
DateMinutesDescription
1/25/2001

Prepare to Introduce

1/25/2001

Referred Planning, Zoning & Economic Development Committee

2/14/2001

Referred City Plan Commission

3/21/2001

Hold On Agenda

4/18/2001

Hold On Agenda

4/25/2001

Hold On Agenda

6/27/2001

Hold On Agenda

8/1/2001

Hold On Agenda

8/22/2001

Hold On Agenda

9/12/2001

Hold On Agenda

9/26/2001

Hold On Agenda

10/3/2001

Hold On Agenda

10/31/2001

Hold On Agenda

11/28/2001

Hold On Agenda

1/23/2002

Hold On Agenda

2/20/2002

Hold On Agenda

3/27/2002

Hold On Agenda

5/8/2002

Hold On Agenda

6/12/2002

Hold On Agenda

7/24/2002

Hold On Agenda

9/4/2002

Hold Off Agenda

1/7/2004

Hold Off Agenda

7/14/2004

Hold Off Agenda

7/14/2005 Hold Off Agenda
1/11/2007 Release
1/12/2007 Released

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ORDINANCE NO. 010170

 

Amending Chapter 80, Code of Ordinances, by amending Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses to include asphalt plants and concrete mixing plants as accessory uses to quarries.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses, of Chapter 80, Code of Ordinances, is amended to read as follows:

 

APPENDIX A

 

2.7 GP-7. Agricultural and Low Density Residential Uses.

 

I. Purpose.

 

The GP-7 zone is intended primarily for areas of the City on the outer edge of urbanized development. Subdivision of land to higher density development is usually premature, due to lack of adequate utility services, roadways and other transportation systems. Use of land and minimum low (lot) area is related primarily to agricultural activities. Uses in district GP-7 are hereby divided as uses requiring approval of a development plan in accordance with Section 80-206 and those uses not requiring approval of a development plan.

 

II. Permitted uses.

 

The following uses shall be permitted:

 


A.                 Principal uses requiring approval of a development plan in accordance with Section 80-206.

 

1. Utility right-of-way, substations and pressure control station.

 

2. Water treatment plants and water storage.

 

3. Sewage treatment plants.

 

4. Cemeteries.

 

5. Governmental services.

 

6. Elementary schools, public and private.

 

7. Junior high and senior high schools and institutions of higher learning.

8. Churches.

 


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