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Legislation #: 030226 Introduction Date: 2/20/2003
Type: Ordinance Effective Date: 6/1/2003
Sponsor: COUNCILMEMBER FORD
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-190, District M-2 (Heavy Industry), and enacting in lieu thereof one new section of like number and subject matter to allow haunted houses.

Legislation History
DateMinutesDescription
2/20/2003

Waive Charter Requirements City Council

2/20/2003

Referred Planning, Zoning & Economic Development Committee

3/12/2003

Hold On Agenda

3/19/2003

Hold On Agenda

4/2/2003

Hold On Agenda

5/7/2003

Hold On Agenda

5/21/2003

Advance and Do Pass

5/22/2003

Passed


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ORDINANCE NO. 030226

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-190, District M-2 (Heavy Industry), and enacting in lieu thereof one new section of like number and subject matter to allow haunted houses.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 80-190, District M-2 (Heavy Industry), and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 80-190. District M-2 (heavy industry).

 

(a) Use regulations. District M-2 is divided into two subdistricts, M-2a and M-2b. The distinction between the two districts is as to use as provided in this section. No building or land shall be used and no building shall be erected for any purpose other than one of the following uses:

 

(1) Permitted uses with exceptions: Any use permitted in district M-1 shall be permitted, except that no building or structure shall be erected in district M-2b to be used for residential purposes and no existing building or structure shall be converted for additional dwelling units, except hotels, provided that a building or structure to be used as a dwelling for caretakers or guards for any business or industrial establishment shall be permitted.

 

(2) Animal-related activities:

 

a. Animal burial grounds.

 

b. Animal refuges.

 

(3) Chemical processing:

 

a. Ammonia, bleaching powder or other chemical plants, other than those listed for district M-3.

 

b. Assaying.

 

c. Reclamation of chemicals, other than acids or radioactive materials; provided the operation is conducted entirely within a building completely enclosed within walls and roof, or some other structure approved by the director of health and the director of codes administration, and that, for any chemical regulated by the United States Environmental Protection Agency pursuant to the authority granted by section 6 of the Toxic Substances Control Act (15


USC 2605), the nearest point of the building or structure must be located at least 300 feet from any residentially zoned property, or any dwelling unit, whether vacant or occupied, in existence and not abandoned as of the date of application for a zoning clearance certificate. For the purpose of this subsection, the term "reclamation" shall also include the destruction, detoxification and recycling of chemicals, and the term "acids" shall mean any acid whose pH is equal to or below 2.0.

 

d. Reducing or refining aluminum, copper, tin or zinc.

 

(4) Construction-related activities:

 

a. Asphalt mixing plant.

 

b. Concrete mixing plant.

 

(5) Foundries:

 

a. Brass, bronze or aluminum.

 

b. Iron or steel.

 

(6) Manufacturing:

 

a. Any manufacturing use not heretofore enumerated or included in district M-3.

 

b. Any manufacturing use heretofore conditionally permitted is permitted without conditions.

 

(7) Mills:

 

a. Blooming or rolling.

 

b. Cider.

 

c. Feed and flour.

 

d. Lumber, power saw or planing.

 

e. Steel.

 

f. Wire.

 

(8) Processing:

a. Coal distillation, including manufacture or derivation of byproducts.

 

b. Coke ovens.

 

c. Enameling.

 

d. Sugar refining.

 

e. Tanning or curing of rawhides or skins.

 

f. Tar distillation.

 

g. Wood distillation.

 

h. Wool scouring.

 

(9) Railroad-related activity.

 

(10) Storage of:

 

a. Butane, gasoline, petroleum or propane.

 

b. Hides and skins.

 

c. Iron, tin, junk, paper and rags; provided all storage is carried on within a building completely enclosed with walls and roof or within a yard, enclosed on all sides, except on a side or portion of a side abutting a building, by a wall or a cyclone-type fence, at least eight feet high. The board of zoning adjustment may modify these requirements where a railroad track adjoins or enters the property. There shall be only one opening in the wall or fence facing any public street or alley, for each 200 feet of length. The opening shall not exceed 12 feet in width and shall be provided with a gate or door, which must be kept closed whenever the establishment is closed for business. The nearest point of the property shall be at least 350 feet distant from the boundary of any residentially or commercially zoned district.

 

(11) Waste processing, provided that the operation is carried on within a building completely enclosed with walls and roof or within a yard, enclosed on all sides, except on a side or portion of a side abutting a building, by a wall or a cyclone-type fence at least eight feet high. The board of zoning adjustment may modify these requirements where a railroad track adjoins or enters the property. There shall be only one opening in the wall or fence facing any public street or alley for each 200 feet of length. The opening shall not exceed 12 feet in width and shall be provided with a gate or door, which must be kept closed whenever the establishment is closed for business. Unless the operation is conducted entirely within a building enclosed with roofs and walls, the nearest point of the property shall be at least 350 feet distant from the boundary of any residentially or commercially zoned district. The following uses are permitted:

 

a. Auto wrecking.

 

b. Junk handling (yard).

 

(12) Miscellaneous:

 

a. Central station light or power plants.

 

b. Fish packing.

 

c. Grain elevators.

 

d. Haunted houses which are establishments open to the public which provide Halloween-related amusement activities, entertainment or displays, operated in a building.

 

e. Ore docks.

 

f. Power forges.

 

g. Rock crushing and quarrying, including but not limited to the removal, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials, which may be allowed as a special use permit by the city council after public hearing and recommendation of the city plan commission, subject to the following conditions:

 

1. Mines or quarry operations shall be located abutting or adjacent to secondary or primary arterial streets capable of handling the expected highway loads of heavy vehicular traffic; provided such requirement may be waived by the city council, upon submission by the applicant of sufficient evidence to demonstrate that the operation abuts or is adjacent to a street which is improved to a width and thickness sufficient to withstand truck traffic, that such street involves a minimum of turning maneuvers, that current and future traffic volume on the street will not be adversely impacted, that present and future development along the access street will not be adversely impacted, and that traffic signalization is appropriate.

 

2. All aboveground mine or quarry activity shall be located so as to minimize the adverse impact upon surrounding properties.

 

3. The city council may impose such conditions as to operation, site development, signs, times of operation or any other matter as may be deemed necessary in order that such use shall not materially injure or curtail the appropriate use of neighboring property; shall not jeopardize the public health, safety and welfare; and does not violate the general spirit or intent of this chapter or this section. The special use permit may be revoked at any time by the city council upon notice to the permit holder and after a hearing before the city council when violations of any provision of the Code of Ordinances has occurred. This provision shall not limit the city council from pursuing any other remedies available under the law.

 

h. Salt works.

 

i. Stonecutting.

 

(13) Customary accessory uses.

 

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

 

(1) Height. Buildings or structures shall not exceed 12 stories and shall not exceed 120 feet in height.

 

(2) Front yards. Same as for district M-1.

 

(3) Side yards. Same as for district M-1.

 

(4) Rear yards. Same as for district M-1.

 

(5) Lot area. Same as for district M-1.

 

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

 

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