KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 120783 Introduction Date: 8/30/2012
Type: Ordinance Effective Date: 10/14/2012
Sponsor: None
Title: Amending Chapter 88, Code of Ordinances, through revisions, clarifications, and other administrative changes throughout the chapter; and repealing Chapter 25, Wireless Communication Facilities. (254-S-274)

Legislation History
DateMinutesDescription
8/30/2012 Filed by the Clerk's office
8/30/2012 Referred to Planning, Zoning & Economic Development Committee
9/19/2012 Hold On Agenda (9/26/2012)
9/26/2012 Hold On Agenda (10/3/2012)
10/3/2012 Advance and Do Pass as a Committee Substitute, Debate
10/4/2012 Passed as Substituted

View Attachments
FileTypeSizeDescription
120783.pdf Authenticated 8314K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120783 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120783
120783.pdf Advertise Notice 42K affidavit of publication
120783 Fact Sheet.xls Fact Sheet 110K Fact Sheet
C000254S274_Chapter_63_and_64_Revisions_PZ ED_2012.doc Staff Report 279K staff report part 3 of 3
C000254S274_Zoning_Ordinance_and_Development_Code_Periodic_Review_REVIEW_FINAL_05_15_2012_revised.docx Staff Report 640K staff report part 1 of 3
C000254S274_Ch_25_WIRELESS_COMMUNICATIONS_FACILITIES_05_15_2012_revised.docx Staff Report 40K staff report part 2 of 3
C000254S274_Zoning_Ordinance_and_Development_Code_Periodic_Review_legalad_05_15_2012.docx Advertise Notice 10K advertise notice

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120783

 

Amending Chapter 88, Code of Ordinances, through revisions, clarifications, and other administrative changes throughout the chapter; and repealing Chapter 25, Wireless Communication Facilities. (254-S-274)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 88, Zoning and Development Code, is hereby amended by repealing and reenacting certain sections and subsections, and enacting new sections, said revised and new sections to read as follows:

88-25-03 SITE-SPECIFIC DEVELOPMENT PLANS APPROVED BEFORE JANUARY 1, 2011

This section shall apply only to those plans approved under Chapter 80, before January 1, 2011.

 

88-25-03-A.   Permits may be issued for previously approved, site-specific development plans in accordance with the approved plan. Site-specific development plans approved before January 1, 2011, will remain valid until January 1, 2016, unless a phasing plan or different lapse of approval date was approved at the time the site-specific development plan received final approval.

88-25-03-B.   The city planning and development director and the city plan commission are authorized to grant one time extension for no more than one additional year if the city planning and development director or city plan commission determines that the extension is necessary to address delays beyond the reasonable control of the applicant. After the lapse of approval date, no permits or other approvals may be issued except in accordance with the standards and procedures of this zoning and development code.

88-25-03-C.  For purposes of this section, "site-specific development plans" are plans or plats submitted by a landowner or an authorized representative describing with reasonable certainty the type and intensity of development for a specific parcel of property and that have been approved by the city plan commission, board of zoning adjustment and/or city council. Such plans may be in the form of preliminary subdivision plats or plans, final subdivision plats or plans, development plans, or other similar plans, as determined by the city planning and development director.

88-25-03 -D. Any site-specific development plan, or any phase thereof, must be reviewed and approved by the City Plan Commission through approval of a final plan prior to the issuance of a permit as referenced above in Section 88-25-03-A. The final plan shall be the basis for the issuance of any permit. If a final plan was approved under the terms and conditions of Chapter 80, Code of Ordinances, said final plan shall satisfy this requirement. If no final plan has been approved under Chapter 80, the final plan shall provide all the information required on the approved site-specific development plan and shall further include a grading and landscaping plan, and a signage plan. The final plan may be submitted separately for each phase or stage of development. The city plan commission shall review the final plan and determine if the final plan is in substantial compliance with the site-specific development plan, allowing for slight differences in setbacks, yard, and parking requirements and ratio of building coverage to land area where conditions justify such changes. If the city plan commission determines that the final plan is in substantial compliance with the site-specific development plan, the city plan commission shall approve the final plan and so advise the city planning and development department director. The hearing by the city plan commission shall not constitute a public hearing for which public notice is required.

----------------------------------------------------------------------------------------------

88-25-06-B. Other Areas

Except as expressly stated for the downtown area in 88-25-06-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

Zoning Districts – Other Areas

Previous Zoning District

New Zoning District

Residential (See 88-110) 

RA

Agricultural

R-80

Residential 80

GPA

Agriculture

R-80

Residential 80

R-1aa

One-family Dwellings

R-10

Residential 10

R-1bb

One-family Dwellings

R-10

Residential 10

GPR1

Residential Low-density

R-10

Residential 10

GP6

Low-density Residential

R-7.5

Residential 7.5

GPR2

Residential Medium-density

R-7.5

Residential 7.5

R-1a

One-family Dwellings

R-7.5

Residential 7.5

GP5

Medium-density Residential

R-6

Residential 6

R-1b

One-family Dwellings

R-6

Residential 6

R-2a

Two-family Dwellings

R-5

Residential 5

R-2b

Two-family Dwellings

R-2.5

Residential 2.5

GP4

High-density Residential

R-2.5

Residential 2.5

R-3

Low-density Low Apartments

R-2.5

Residential 2.5

R-4

Low Apartments

R-1.5

Residential 1.5

R-4O

Low Apartments/Admin. Office

R-1.5

Residential 1.5

R-5

High Apartments

R-0.5

Residential 0.5

R-5O

High Apartments/Admin. Office

R-0.5

Residential 0.5

R-6

High Apartments Provisional

R-0.3

Residential 0.3

Business/Commercial  (See 88-120) 

O

Office

O-2

Office (dash 2)

OM

Medium-Intensity Office

O-2

Office (dash 2)

CPO-1

Planned Office

O-2

Office (dash 2)

CPO-2

Planned Office

O-2

Office (dash 2)

GPO

Office (General Planned)

O-2

Office (dash 2)

GPI

Industrial (General Planned)

O-2

Office (dash 2)

C-1

Neighborhood Retail Business

B1-1

Neighborhood Business 1 (dash 1)

CP-1

Planned Business Center

B1-1

Neighborhood Business 1 (dash 1)

CP-2

Planned Business Center

B2-2

Neighborhood Business 2 (dash 2)

C-2

Local Retail Business

B3-2

Community Business (dash 2)

CP-3

Planned Business Center

B3-2

Community Business (dash 2)

GP-2

General Transient Retail Business

B3-3

Community Business (dash 3)

GP-3

Regional Business (Gen. Planned)

B3-3

Community Business (dash 3)

GPC

Commercial (General Planned)

B3-2

Community Business (dash 2)

C-3a1

Intermediate Business

B4-2

Heavy Business/Commercial (dash 2)

C-3a2

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

C-3b

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

Manufacturing (See 88-140) 

M1

Light Industry

M1-5

Manufacturing 1 (dash 5)

M2a

Heavy Industry

M1-5

Manufacturing 1 (dash 5)

M-P

Industrial

M2-2

Manufacturing 2 (dash 2)

GP-1

General Industry

M2-3

Manufacturing 2 (dash 3)

M-2b

Heavy Industry

M3-5

Manufacturing 3 (dash 5)

M-3

Heavy Industry-Residual Use

M3-5

Manufacturing 3 (dash 5)

M-R

Materials Reprocessing

M4-4

Manufacturing 4 (dash 4)

Overlay/Special Purpose (See 88-200 Series)

CX

Adult Entertainment

CX/O

Adult Entertainment Overlay

SR

Special Review

SR/O

Special Review Overlay

 No existing equivalent

NC/O

Neighborhood Character Overlay

 No existing equivalent

P/O

Pedestrian-Oriented Overlay

 No existing equivalent

H/O

Historic Overlay

MPC

Master Planned Community

SC

Shoal Creek

URD

Urban Redevelopment District

UR

Urban Redevelopment

US

Underground Space

US

Underground Space

BBD

Brookside Business District

B-1-P/O

Neighborhood Business-Pedestrian-
Oriented Overlay

GP7

Agriculture/Low-density Res

AG-R

Agricultural–Residential

GP8

Airport and Conservation

KCIA

Airport

RPT

Temporary Automobile Parking

NONE

Eliminated (convert to R-1.5)

 CUP

Community Unit Project    

MPD

Master Planned Development

 

----------------------------------------------------------------------------------------------

 

Table 110-1

Residential Districts Use Table

U S E G R O U P

 

ZONING DISTRICT

 

 

 

(Refer to 88-805 Use Groups and Categories)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Use Category

specific use type

 

AG-

R

R

80

R

10

R

7.5

R

6

R

5

R

2.5

R

1.5

R

0.5

R

0.3

 

 

Use

Standards

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R E S I D E N T I A L

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Household Living (except as noted below)

 

P

P

P

P

P

P

P

P

P

P

 

 

88-110-06-C

Group Living (except as noted below)

 

--

S

S

S

 

 

88-350

Group homes

 

--

P

P

P

 

 

88-350

Nursing home

 

--

S

S

S

S

S

S

P

P

P

 

 

88-350

P U B L I C / C I V I C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bicycle-Sharing Facility

 

P

P

P

P

P

P

P

P

P

P

 

 

88-322

Club, Lodge, or Fraternal Organization

 

--

P

P

P

 

 

88-365

College/University

 

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-365

Day Care

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Home-based (1–5)

 

P

P

P

P

P

P

P

P

P

P

 

 

 

Family (up to 10)

 

P

P

P

P

P

P

P

P

P

P

 

 

88-330-01

Group(up to 20)

 

S

S

S

S

S

S

S

P

P

P

 

 

88-330-02

Center (21+)

 

P

P

 

 

88-330-02

Detention and Correctional Facilities

 

--

S

 

 

88-335

Halfway House

 

--

S

 

 

88-352

Hospital

 

--

S

S

 

 

 

Library/Museum/Cultural Exhibit

 

--

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-365

Park/Recreation

 

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-365

Religious Assembly

 

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-365

Safety Service (except as noted below)

 

--

S

S

S

S

S

S

S

S

S

 

 

88-365

Fire station

 

--

P

P

P

P

P

P

P

P

P

 

 

88-365

Police station

 

--

P

P

P

P

P

P

P

P

P

 

 

88-365

School

 

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-365

Utilities and Services (except as noted below)

 

P

S

S

S

S

S

S

S

S

S

 

 

 

Basic, minor

 

P

P

P

P

P

P

P

P

P

P

 

 

88-425-08-B

C O M M E R C I A L

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal Service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shelter or boarding

 

P

P

 

 

88-315

Stable

 

P

P

 

 

88-315

Veterinary Office

 

P

P

 

 

 

Entertainment and Spectator Sports

 

S

 

 

 

Funeral and Interment Service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cemetery/columbarium/mausoleum

 

P

S

S

S

S

S

S

S

S

S

 

 

88-345

Crematory

 

S

S

S

S

S

S

S

S

S

 

 

88-345

Undertaking

 

S

S

 

 

88-345

Lodging

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bed and breakfast

 

S

S

S

S

S

S

 

 

88-320

Recreational vehicle park

 

P

S

 

 

 

Neighborhood-serving retail

 

S

S

S

S

S

S

S

S

S

 

 

88-360

Office, Administrative, Professional or General

 

S

S

S

 

 

 

Reuse of designated historic landmark (local or national)

 

S

S

S

S

S

S

S

S

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sports and Recreation, Participant (except as noted below)

 

--

S

--

--

--

--

--

--

--

--

 

 

 

Indoor

 

S

 

 

 

Outdoor

 

P

S

 

 

 

I N D U S T R I A L

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mining and Quarrying

 

P

S

 

 

88-355

Waste-Related Use

 

 

 

88-380

Composting facility

 

S

S

 

 

88-328

Demolition debris landfill

 

S

 

 

88-380

A G R I C U L T U R E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agriculture, Animal

 

P

P[1]

P[1]

P[1]

P[1]

P[1]

P[1]

P[1]

P[1]

P[1]

 

 

 

Agriculture, Crop

 

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 

 

88-312-01

Agriculture, Urban

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Home garden

 

P

P

P

P

P

P

P

P

P

P

 

 

88-312-02-A

Community garden

 

P

P

P

P

P

P

P

P

P

P

 

 

88-312-02-B

Community-supported agriculture (CSA) farm

 

P

P

S

S

S

S

S

S

S

S

 

 

88-312-02-C

A C C E S S O R Y S E R V I C E S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wireless Communication Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Freestanding

 

P

P

 

 

88-385

Co-located antenna

 

P

P

P

P

P

P

P

P

P

P

 

 

88-385

1.        Table Notes

2.        [1] See Chapter 14 of City Code for additional regulations.

 

Table 110-2: Lot and Building Standards

 

 R-80

 R-10

 R-7.5

 R-6

 R-5

 R-2.5

 R-1.5

R-0.5

 R-0.3

C O N V E N T I O N A L   D E V' T         

Lot Size

 » Min. lot area (square feet)          

80,000

10,000

7,500

6,000

5,000

4,000

3,000

3,000

2,500

 » Min. lot area per unit (sq. ft.)

80,000

10,000

7,500

6,000

5,000

2,500

1,500

350

300

 » Min. lot width (feet)

150

85

50

50

45

40

30

30

25

Front Setback1, 2

 » Minimum (% of lot depth)

25

25

25

25

25

25

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

25

20

20

20

 » Maximum required (ft)

40

30

30

30

25

25

20

20

20

Rear Setback2

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft)

50

30

30

30

30

25

25

25

25

Side Setback2

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street (ft)

15

15

15

15

15

15

15

15

15

Height (feet)

 » Maximum

35

35

35

35

35

40

45

164

235

O P E N   S P A C E   D E V' T 

Overall Site         

 » Min. open space (% of site)

30

30

30

30

30

30

30

30

30

 » Min. area per unit (sq. ft.)

72,000

9,000

6,750

5,400

4,500

2,750

1,350

450

270

Lot Size         

 » Min. lot area (square feet)

12,000

7,500

6,000

5,000

3,750

3,000

2,500

2,500

2,500

 » Min. lot width (feet)

100

75

50

45

35

25

25

25

25

Front Setback2          

 » Minimum (% of lot depth)

20

15

15

15

15

15

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

20

20

20

20

 » Maximum required (ft)

25

25

25

25

25

20

20

20

20

Rear Setback2         

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft)

50

30

30

30

30

25

25

25

25

Side Setback2         

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street(ft)

15

15

15

15

15

15

15

15

15

Height (feet)         

 » Maximum

35

35

35

35

35

40

45

120

200

C O N S E R V A T I O N   D E V' T 

Overall Site         

 » Min. open space (% of site)

60

60

60

60

60

60

60

60

60

 » Min. area per unit (sq. ft.)

64,000

8,000

6,000

4,800

4,000

2,000

1,200

400

240

Lot Size         

 » Min. lot area (square feet)

9,600

3,200

2,500

2,500

2,500

2,500

2,500

2,500

2,500

 » Min. lot width (feet)

85

50

45

35

30

25

25

25

25

Front Setback2         

 » Minimum (% of lot depth)

20

15

15

15

15

15

15

15

15

 » Min. garage (% of lot depth)

25

25

25

25

25

20

20

20

20

 » Maximum required (ft)

25

25

25

25

25

20

20

20

20

Rear Setback2         

 » Minimum (% of lot depth)

25

25

25

25

25

25

25

25

25

 » Maximum required (ft)

50

30

30

30

30

25

25

25

25

Side Setback2         

 » Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

 » Maximum required (feet)

8

8

8

8

8

8

8

8

8

 » Min. abutting street(ft)

15

15

15

15

15

15

15

15

15

Height (feet)         

 » Maximum

35

35

35

35

35

40

45

120

200

1 Minimum street side setback is 50% of required front setback.

2Required building setback shall be per this table or the platted building line, whichever is greater.

 

----------------------------------------------------------------------------------------------


Table 120-1     OFFICE, BUSINESS, AND COMMERCIAL DISTRICTS USE TABLE

Table 120-1
Office, Business and Commercial Districts Use Table

U S E   G R O U P

Z O N I N G   D I STR I C T

Use
Standards

Use Category
  » specific use type

O

B1

B2

B3

B4

(Refer to 88-805 Use Groups and Categories)

 

 

 

 

 

 

R E S I D E N T I A L

Household Living

   » In single-purpose residential building

P

P

P

P

 

   » Above ground floor (in mixed-use building)

P

P

P

P

P

 

Group Living

P

P

P

P

P

 

P U B L I C / C I V I C

Club, Lodge, or Fraternal Organization

P

P

P

P

P

 

College/University

P

P

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

P

P

 

   » Family (up to 10)

P

P

P

P

P

 

   » Group (up to 20)

P

P

P

P

P

 

   » Center (21+)

P

P

P

P

P

 

Hospital

S

P

P

P

P

 

Library/Museum/Cultural Exhibit

P

P

P

P

P

 

Park/Recreation

P

P

P

P

P

 

Religious Assembly

P

P

P

P

P

 

Safety Service

   » Fire station

P

P

P

P

P

 

   » Police station

P

P

P

P

P

 

   » Ambulance service

S

S

S

P

P

 

School

P

P

P

P

P

 

Utilities and Services (except as noted below)

S

S

S

S

S

 

   » Basic, minor

P

P

P

P

P

88-425-08-B 

C O M M E R C I A L

Adult Business

   » Adult media store

­–

P

P

P

88-310-03

   » Adult motion picture theater

P

P

88-310-02

   » Sex shop

P

P

88-310-02

Animal Service

   » Sales and grooming

­–

P

P

P

P

88-315

   » Shelter or boarding

P

P

P

88-315

   » Veterinary

P

P

P

88-315

   » Stable

S

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

P

 

Business Support Service (except as noted
below)

P

P

P

 

   » Day labor employment agency

S

88-331

Communications Service Establishments

P

P

P

P

 

Drive-Through Facility

P

P

P

88-340

Eating and Drinking Establishments (except as
noted below)

P

P

P

P

P

 

   » Tavern or nightclub

P

P

P

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P

 

   » Indoor medium venue (150–499 capacity)

S

P

P

 

   » Indoor large venue (500+ capacity)

S

P

 

   » Outdoor (all sizes)

S

P

 

Financial Services (except as noted below)

S

P

P

P

P

 

   » Short-term loan establishment

P

P

P

88-325

   » Pawn shop

S

S

P

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

S

S

S

S

S

88-345

   » Cremating

S

S

S

S

88-345-02

   » Undertaking

S

P

P

P

88-345

Gasoline and Fuel Sales

S

S

S

P

 

Lodging

   » Bed and Breakfast

P

P

P

P

 

   » Hotel/motel

P

P

 

   » Recreational vehicle park

S

S

 

Office, Administrative, Professional or General

P

P

P

P

P

 

Office, Medical

P

P

P

P

P

 

   » Blood/plasma center

S

S

 

Parking, Non-accessory

S

P

P

 

Personal Improvement Service

P

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

P

 

Research Service

P

P

P

P

P

 

Retail Sales

P

P

P

P

 

Reuse of officially designated historic landmark
(local or national)

P/S

P/S

P/S

P/S

P/S

 

Sports and Recreation, Participant

   » Indoor

P

P

P

P

 

   » Outdoor

P

P

 

Vehicle Sales and Service (except as noted below)

– 

– 

– 

 

   » Car wash/cleaning service

S

P

P

 

   » Heavy equipment sales/rental

S

P

 

   » Light equipment sales/rental (indoor)

P

P

P

 

   » Light equipment sales/rental (outdoor)

S

S

P

 

   » Motor vehicle repair, limited

S

P

P

 

   » Motor vehicle repair, general

S

P

 

   » Vehicle storage/towing

P

88-375

I N D U S T R I A L  

Manufacturing, Production and Industrial Service

   » Artisan

P

 

   » Limited

S

 

   » General

S

 

Outdoor Storage

P

88-435-03

Recycling Service

 

 

 

 

   » Limited

S

 

Residential Storage Warehouse

-

P

 

Warehousing, Wholesaling, Freight Movement

  » Indoor

P

 

  » Outdoor

 

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

P

P

88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*

*Chapter 14

Agriculture, Urban

  » Home Garden

P

P

P

P

P

88-312-02-A

  » Community Garden

P

P

P

P

P

88-312-02-B

  » Community Supported Agriculture
   (CSA) Farm

P

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P

P

P

88-385

   » Co-located antenna

P

P

P

P

P

88-385

 


 

Table 120-2
Lot and Building Standards (O and B Districts)

 

 -1

 -2

 -3

 -4

-5 

 

Lot Size

 

 » Min. lot area (square feet)

None

None

None

None

None

 

 » Min. lot area per unit (sq. ft.)

 

 » in single purpose residential building

1,250

750

400

300

200

 

 » mixed-use building3

None

None

None

None

None

 

 » Min. lot width (feet)

None

None

None

None

None

 

Floor area ratio

 

 » Maximum

1.4

2.2

3.0

4.0

6.0

 

Min. Front Setback 1,4

 

 » Abutting residential district

1

1

1

1

1

 

 » Not abutting R district

None

None

None

None

None

 

Min. Rear Setback 4

 

 » Abutting residential district

 

    » % of lot depth

25

25

25

25

25

 

    » Maximum required (feet)

30

30

30

30

30

 

 » Not abutting R district

None

None

None

None

None

 

Side Setback

 

 » Abutting residential district

2

2

2

2

2

 

 » Not abutting R district

None

None

None

None

None

 

Maximum Height

 

 » Mixed-use buildings3

40

50

60

70

None

 

 » All other buildings

35

45

55

65

None

 

Notes to Table 120-2
1
Front setback required only when O- or B-zoned lot abuts R-zoned lot with frontage on the same street. In such cases, the O- or B-zoned lot must match the platted front setback of the abutting R-zoned lot. If there is no platted setback, the O- or B-zoned lot must provide at least 50% of the front setback that applies to the abutting R-zoned lot.

2 
Side setback required only when the side yard of an O- or B-zoned lot abuts R-zoned lots. In such cases, the O- or B-zoned lot must provide the same side setback as required for the abutting R-zoned lot. 

3 Only mixed-use buildings that comply with the ground-floor commercial space requirements of 88-120-07 are eligible to use the mixed-use building density and height provisions of Table 120-2.

4 Buffer and setback regulations of 88-425 apply.

 

 

----------------------------------------------------------------------------------------------


Table 130-1     DOWNTOWN DISTRICTS USE TABLE

 Table 130-1
Downtown Districts Use Table

U S E    G R O U P

Zoning District

Use Standard

Use Category
 » specific use type

DC

DX

DR

(Refer to 88-805 Use Groups and Categories)

 

 

 

 

R E S I D E N T I A L

Household Living

   » In single-purpose residential building

P

P

P

 

   » Above ground floor (in mixed-use building)

P

P

P

 

Group Living

S

S

S

 

P U B L I C / C I V I C

Club, Lodge, or Fraternal Organization

P

P

P

 

College/University

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

 

   » Family (up to 10)

P

P

P

 

   » Group (up to 20)

P

P

S

 

   » Center (21+)

P

P

S

 

Hospital

S

S

S

 

Library/Museum/Cultural Exhibit

P

P

P

 

Park/Recreation (except as noted below)

P

P

P

 

   » Community center

P

P

P/S

88-365

Religious Assembly

P

P

P

 

Safety Service

P

P

P/S

88-365

School

P

P

P/S

88-365

Utilities and Services (except as noted below)

S

S

S

 

   » Basic, minor

P

P

P

 88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

88-310-03

   » Adult motion picture theater

P

P

88-310-02

   » Sex shop

P

P

88-310-02

Animal Service

   » Sales and grooming

P

P

88-315

   » Shelter or boarding

P

P

88-315

   » Veterinary

P

P

88-315

   » Stable

S

88-315

Artist Work or Sales Space

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

 

Business Support Service (except as noted below)

P

P

 

   » Day labor employment agency

S

 

Communications Service Establishments

P

P

 

Drive-Through Facility

S

S

88-340

Eating and Drinking Establishments (except
as noted below)

P

P

P

 

   » Tavern or nightclub

P

P

S

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P

 

   » Indoor medium venue (150–499 capacity)

P

P

S

 

   » Indoor large venue (500+ capacity)

S

S

S

 

   » Outdoor (all sizes)

S

S

S

 

Financial Services (except as noted below)

P

P

P

 

   » Short-term loan establishment

P

88-325

   » Pawn shop

S

 

Food and Beverage Retail Sales

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

 

   » Undertaking

P

P

88-345

Gasoline and Fuel Sales

S

S

 

Lodging

   » Bed and Breakfast

P

P

P

 

   » Hotel/motel

P

P

S

 

Office, Administrative, Professional or General

P

P

P

 

Office, Medical

P

P

 

   » Blood/plasma center

S

S

 

Parking, Non-accessory

S

S

S

 

Personal Improvement Service

P

P

P

 

Repair or Laundry Service, Consumer

P

P

S

 

Research Service

P

P

 

Retail Sales

P

P

P

 

Sports and Recreation, Participant

   » Indoor

P

P

S

 

   » Outdoor

S

S

S

 

Vehicle Sales and Service (except as noted below)

S

S

 

   » Car wash/cleaning service

S

S

 

   » Heavy equipment sales/rental

S

 

   » Light equipment sales/rental (indoor)

S

S

 

   » Light equipment sales/rental (outdoor)

S

S

 

   » Motor vehicle repair, limited

S

S

 

   » Motor vehicle repair, general

S

 

   » Vehicle storage/towing

S

 88-375

I N D U S T R I A L

Manufacturing, Production and Industrial Service

   » Artisan

P

P

 

   » Limited

S

S

 

   » General

S

 

Recycling Service

   » Limited

S

 

Residential Storage Warehouse

S

 

Warehousing, Wholesaling, Freight Movement

   » Indoor

S

S

 

   » Outdoor

S

 

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

88-312-01

Agriculture, Animal

P/*

Chapter 14

Agriculture, Urban

   » Home Garden

P

P

P

88-312-02-A

   » Community Garden

P

P

P

88-312-02-B

   » Community Supported Agriculture (CSA) Farm

P

P

P

88-312-02-C

A C C E S S O R Y

Wireless Communication Facility

   » Freestanding

 

   » Co-located antenna

P

P

P

88-385

 

----------------------------------------------------------------------------------------------

Table 140-1     MANUFACTURING DISTRICTS USE TABLE

 Table 140-1
Manufacturing Districts Use Table

U S E   G R O U P

Zoning District

  Use Standards

Use Category  
  » specific use type

M1

M2

M3

M4

(Refer to 88-805 Use Groups and Categories)

 

 

 

 

 

R E S I D E N T I A L

Household Living 

   » Single family home

S

 

   » In single-purpose residential building

P

S

 

  » Above ground floor (in mixed-use building)

P

 

Group living

S

 

P U B L I C / C I V I C

Club, Lodge, or Fraternal Organization

P

P

 

College/University

P

P

 

Day Care

P

P

S

S

 

Detention and Correctional Facilities

S

S

S

S

88-335

Halfway House

S

S

S

S

88-352

Hospital

P

 

Safety Service

P

P

P

P

 

Schools

 P

 

Utilities and Services (except as noted below)

S

S

S

S

 

   » Basic, minor

P

P

P

P

 88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

P

P

88-310

   » Adult motion picture theater

P

P

P

P

88-310

   » Sex shop

P

P

P

P

88-310

Animal Service

P

P

P

P

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

P

P

 

Business Equipment Sales and Service

P

P

P

P

 

Business Support Service(except as noted below)

P

P

P

P

 

   » Day labor employment agency

S

S

P

P

 

Communications Service Establishments

P

P

P

P

 

Drive-through Facility

P

P

 

Eating and Drinking Establishments

P

P

P

P

 

Entertainment and Spectator Sports

P

S

S

 

Financial Services

P

S

S

S

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

P

P

P

P

 

   » Undertaking

P

P

P

P

 

Gasoline and Fuel Sales

P

P

P

P

 

Office, Administrative, Professional or General

P

P

P

P

 

Office, Medical

P

P

 

Parking, Non-accessory

P

P

P

P

 

Personal Improvement Service

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

 

Research Service

P

P

P

P

 

Retail Sales

P

P

P

P

 

Sports and Recreation, Participant

P

S

S

 

Vehicle Sales and Service(except as noted below)

P

P

P

P

 

   » Light equipment sales/rental (indoor)

P

P

 

   » Light equipment sales/rental (outdoor)

P

P

 

I N D U S T R I A L

Junk/Salvage Yard

S

P

 88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S

P

P

P

 

   » Intensive

P

 

Outdoor Storage

P

P

P

P

88-435-03

Mining/Quarrying

S

S

S

S

88-355

Recycling Service

   » Limited

P

P

P

P

 

   » General

S

S

S

P

 

Residential Storage Warehouse

P

P

P

 

Warehousing, Wholesaling, Freight Movement

   » Indoor

P

P

P

P

 

   » Outdoor

S

P

 

Waste-related Use

S

 

   » Demolition debris landfill

S

S

S

S

88-380

   » Solid waste separation facility

S

S

88-380

   » Transfer station

S

S

88-380

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Urban

   » Home Garden

P

P

P

P

88-312-02-A

   » Community Garden

P

P

P

P

88-312-02-B

   » Community Supported Agriculture 
     (CSA) Farm

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P

P

P

P

88-385

   » Co-located antenna

P

P

P

P

88-385

 

----------------------------------------------------------------------------------------------

88-120-05. Floor Area Limits for Commercial Establishments

88-120-05-A. B1 District

Commercial buildings in B1 districts may not include more than 10,000 square feet of gross floor area on any single floor, except that food stores (groceries) may include up to 25,000 square feet of gross floor area on a single floor.

88-120-05-B. B2 District

Commercial buildings in B2 districts may not include more than 25,000 square feet of gross floor area on any single floor, except that food stores (groceries) may include up to 45,000 square feet of gross floor area on a single floor.

88-120-05-C.     B3 District

No floor area limit applies to commercial buildings in B3 districts, except that commercial establishments with more than 75,000 square feet for gross floor area on a single floor must be reviewed and approved in accordance with the major site plan review procedures of 88-530.

 

----------------------------------------------------------------------------------------------

 

88-120-07 Ground-Floor Commercial Floor Space

Only buildings that comply with the following requirements are allowed to use the mixed-use building density and height requirements of Table 120-2:

88-120-07-A. The minimum floor-to-ceiling height of all ground floor space in the building must be at least 13 feet.

88-120-07-B. Commercial and other nonresidential uses allowed in the subject zoning districts must occupy at least 800 square feet or 50% of the building’s ground floor area, whichever is greater.

 

----------------------------------------------------------------------------------------------

 

88-120-08. INDOOR/OUTDOOR OPERATIONS

88-120-08-A.     O and B Districts

All allowed office, business, service and commercial activities in O and B zoning districts must be conducted within completely enclosed buildings unless otherwise expressly stated. This requirement does not apply to off-street parking or loading areas, automated teller machines, outdoor dining areas or any drive-through facilities that may be allowed in such districts. It is also not intended to prohibit outdoor display as permitted by 88-435.

------------------------------------------------------------------------------------------

88-130-03 ELIGIBILITY FOR D ZONING

"D" zoning may be applied only within the area bounded by the Missouri River on the north or the North Kansas City/Kansas City city limits between the Missouri River and the Paseo Bridge on the north; the Kansas-Missouri state line on the west; 31st street on the south; and the Paseo on east.

 

----------------------------------------------------------------------------------------------

 

88-230-03-G. GROUND-FLOOR COMMERCIAL FLOOR SPACE

All buildings constructed in the P/O district must comply with the following floor space requirements:

1.      The minimum floor-to-ceiling height of all ground floor space in the building must be at least 13 feet.

2.      Commercial and other nonresidential uses allowed in the subject zoning districts must occupy at least 800 square feet or 50% of the building’s ground floor area, whichever is greater.

 

----------------------------------------------------------------------------------------------

88-255-09 AMENDMENTS TO APPROVED PLANS

88-255-09-A.     If the city plan commission determines that the final plan is not in substantial compliance with the approved community master plan subject to any variations or modifications submitted as part of the final plan or final plat (as provided above), the commission must deny the request. The applicant may resubmit a revised final plan which does conform with the approved community master plan or may file an amended community master plan in the same manner as provided for a zoning map amendment. Provided, however, if the community master plan identifies neighborhoods, no amendment need include information other than that required to amend the neighborhood plan notwithstanding any other provision to the contrary.

88-255-09-B. In the case of a plan amendment with multiple owners, a single property owner may initiate the application to amend the plan if:

1.      The amendment to the plan does not adversely affect the remaining parcels within the plan boundaries as to density, parking, setbacks, or other similar factors as provided in the rules and regulations of the city plan commission; and

2.      The applicant property owner has notified all other property owners within the plan boundaries, in the form and manner adopted by the city plan commission and by certified mail, and has received no written objection to such amendment within 30 days after the date such notice is mailed.

88-255-09-C.     The perimeter boundaries of an established SC district may be modified from time to time by the original applicant or its assignee in the same manner as provided for a zoning map amendment. Such modification may be to an existing neighborhood or may establish a new neighborhood or may be to an existing subdistrict.

 

----------------------------------------------------------------------------------------------

88-270-02-B.     Uses Permitted without Site Plan Approval

The following uses are permitted as of right in the AG-R district without approval of a site plan in accordance with 88-530.

1.      Detached houses

2.      Orchards

3.      Agriculture, Crop or Animal

4.      Agricultural services, such as grist milling, corn shelling, hay baling and threshing services

5.      Sorting, grading, and packaging of fruits and vegetables and retail fruit and vegetable stands for products grown on the premises

6.      Animal Services, Stables

88-270-03. LOT AND BUILDING STANDARDS

88-270-03-A.     Maximum Building Height

The maximum building height shall be 35 feet

 

----------------------------------------------------------------------------------------------

 

88-280-01. PURPOSE

88-280-01-A.General

The MPD, Master Planned Development district is intended to accommodate development that may be difficult if not impossible to carry out under otherwise applicable zoning district standards. Examples of the types of development that may benefit from the MPD zoning tool include the following:

1.      ENHANCED PROTECTION OF NATURAL RESOURCE AREAS
Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, steep slopes, woodlands, wildlife habitats, and native plant communities.

2.      TRADITIONAL URBAN DEVELOPMENT
Developments characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities commonly found in urban neighborhoods platted or otherwise created before the 1950s.

3.      MIXED-USE DEVELOPMENT
Developments that contain a complementary mix of residential and nonresidential uses.

4.      MIXED HOUSING DEVELOPMENT

Residential developments containing a mix of housing types such as detached house, attached house, multi-unit house, etc., such as those formerly approved with a community unit project application.

----------------------------------------------------------------------------------------------

88-305-02 Lot and Building Standards in Residential Districts

88-305-02-A.     GENERAL
The lot and building standards of the
base zoning district apply to accessory structures in residential districts unless otherwise expressly stated.

 

88-305-02-B.     SETBACKS

1.      Accessory buildings and structures are prohibited in front and street side yards (i.e., they may not be closer to the street than the principal building), except for structures that are customarily found in front or street yards, such as flag poles and minor landscape structures.

2.      Accessory buildings and structures must be set back at least 1.5 feet from rear property lines, except that garages accessed from an alley and carriage houses are not required to be set back from a rear property line abutting an alley. Structures designed to contain animals must be set back at least 30 feet from rear property lines. Accessory buildings and structures are prohibited in front and street side yards (i.e., they may not be closer to the street than the principal building), except for structures that are customarily found in front or street yards, such as flag poles and minor landscape structures.

3.      Accessory buildings and structures must be set back at least 1.5 feet from rear property lines, except that garages accessed from an alley and carriage houses are not required to be set back from a rear property line abutting an alley. Structures designed to contain animals must be set back at least 30 feet from rear property lines.

4.      Accessory buildings and structures must be set back at least 1.5 feet from interior side property lines, and may not be closer to the street than the principal building in the streetside rear yard or at least 15 feet, whichever is less, except that accessory buildings and structures are not required to be set back from an interior side property line that abuts an alley. Structures designed to contain animals must be set back at least 30 feet from interior property lines.

5. If serving two lots, an accessory building and structure may be built across the side or rear line, and where an alley abuts a side or rear lot line, the garage may be built on the alley line.

Accessory buildings must be separated by a minimum distance of 10 feet from all other accessory and principal buildings located on the same lot.

 

88-305-02-C. HEIGHT

Accessory buildings may not exceed 10 feet in height, except that detached garages may be up to 16 feet in height and allowed carriage houses may be up to 28 feet or 2 stories in height. In Districts AG-R and R-80, an accessory building may be up to 35 feet in height.

 

88-305-02-D.    FOOTPRINT AREA

The building footprint (ground level building coverage) of an individual, detached accessory building may not exceed 200 square feet, except that:

1.      the building footprint of a detached accessory garage may be up to 800 square feet or one square foot of building footprint area for each 10 square feet of lot area, whichever is greater; and

2.      the building footprint of a carriage house may be up to 1,500 square feet.

3.      in Districts AG-R and R-80, an accessory building may be up to 8,000 square feet.

 

----------------------------------------------------------------------------------------------

88-305-07. SWIMMING POOLS

Swimming pools must be set back at least 10 feet from side and rear property lines. Swimming pools with a depth of more than 2 feet must be enclosed by a protective fence at least 4 feet in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a responsible person. 

 

----------------------------------------------------------------------------------------------

88-305-08-B.     Standards

Residential support services must:

1.      be located in the same structure as the principal residential use;

2.      occupy, in aggregate, no more than 5,000 square feet or 10% of the floor area of the principal residential use, whichever is less, with no single individual residential support service use occupying more than 2,500 square feet;

3.      serve only the occupants, residents, or employees of the principal residential use or their guests;

4.      have no exterior signage (interior signage is permitted) on the building;

5.      and have no separate external public entrances.

 

----------------------------------------------------------------------------------------------

88-305-09 LODGING AND BOARD

The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage. No display or sign shall be used to advertise such use. The lodger or boarder must live in common with the family, sharing a common entrance, kitchen facilities, and living areas. However, in no case shall more than five unrelated individuals reside within the dwelling.

 

----------------------------------------------------------------------------------------------

88-315-01-B. In District R-80, shelter and boarding kennels and stables shall be located not less than 200 feet from any property line.

 

----------------------------------------------------------------------------------------------

88-328 COMPOSTING FACILITY

 

88-328-01 Applicability

Composting facilities are subject to the following standards in addition to any standards imposed as part of the special use approval process.

 

88-328-02 Standards and Conditions

88-328-02-A.     The lot must have a minimum area of at least 40,000 square feet per 1,000 cubic yards of compost material;

 

88-328-02-B.     Windrows of compost material must be set back at least 250 feet from all property lines and at least 500 feet from any residential dwelling unit;

 

88-328-02-C.   No portion of the facility may be located within any portion of a required stream buffer;

 

88-328-02-D.  As part of the special use permit approval process, the owner must submit a plan of operation, detailing such information as how often the windrows will be turned, the type of machinery that will be used, hours of operation, methods to control litter and odors, and the intended use of the end product.

 

----------------------------------------------------------------------------------------------

88-330-01 FAMILY DAY CARE

Family day care homes in AG-R, R-80, R-10, R-7.5, R-6, R-5, and R-2.5 districts are subject to the following standards:

 

88-330-01-A.     The predominant use of the premises must be residential.

 

88-330-01-B.     The use must be carried on or conducted by members of a family residing in the dwelling.

 

88-330-01-C.     All open play areas must be completely enclosed with a tight fence at least 4 feet in height.

 

----------------------------------------------------------------------------------------------

88-340 DRIVE-THROUGH FACILITIES

 

88-340-01 STANDARDS

88-340-01-A. The nearest point of the drive-through operation of any establishment, including the drive-through lane, menu board, and payment and pick-up windows must be at least 50 feet from the boundary of a residentially zoned district.

 

88-340-01-B. Each drive-through facility must provide 80 feet of vehicle stacking area (queue space) in advance of the service window to accommodate waiting vehicles. The stacking area must be designed to accommodate safe and efficient on-site circulation and required parking spaces.

 

88-340-02 PLAN REQUIRED

A plan portraying adequate landscaping, screening, landscaping, berming, or other buffering must be submitted for approval. The plan must also show:

 

88-340-02-A. adequate vehicle storage to ensure that no motor vehicles will block pedestrian traffic on public sidewalks during peak traffic hours;

 

88-340-02-B. design of building orientation so as to minimize pedestrian conflict.

 

----------------------------------------------------------------------------------------------

88-380-02-E.     A permit must be issued for a specified period. The board of zoning adjustment may renew the permit upon expiration.

 

88-380-02-F.     The board of zoning adjustment may impose such conditions related to the operation, site development, signs, times of operation or any other matter that the board deems necessary in order to ensure that such use does not materially injure or curtail the appropriate use of neighboring property; does not jeopardize the public health, safety and welfare; and does not violate the general spirit or intent of this zoning and development code.

 

----------------------------------------------------------------------------------------------

88-385. WIRELESS COMMUNICATION FACILITIES

88-385-01. Purpose

This article provides regulations applicable to wireless communication systems. Because the city, along with federal and Missouri regulators have a responsibility to properly implement the regulations developing around new technology, the terms used in this chapter shall have the meanings used in Federal and state law.

88-385-01-A.     Co-location as City Policy

Wireless communication providers are encouraged to co-locate 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.

88-385-01-B.     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.

88.385-01-C. NOT SECOND PRINCIPAL USE

The construction of a wireless communications facility will not be considered a second principal use of property.

 

88-385-01-D. RADIO FREQUENCY EMISSIONS

Any wireless communications facility that produces radio frequency emissions which fails to comply with regulations of the Federal Communications Commission may not be operated.

88-385-02. BUILDING PERMIT REQUIRED

The construction of a wireless communications facility requires a building permit where required by Chapter 18, “Building & Rehabilitation Code”, Code of Ordinances. In addition to the requirements of the building code, an applicant for a building permit must meet the requirements of this article. In this article, the term "applicant" means the entity wishing to place a wireless communications facility in the city.

88-385-03. DEVELOPMENT PLAN

When seeking a building permit, an applicant must submit a development plan showing the conditions required by this article, and other applicable regulations, including Chapter 18, “Building & Rehabilitation Code", Code of Ordinances, and Chapter 2, Article VI, Division 8, "Landmarks Commission," Code of Ordinances.

88-385-04. Co-Located Facilities

The standards of this section apply to co-located antennas (attached to existing towers or other structures).

88-385-04-A.     Co-Location on Existing Wireless Communication Facility

Installation of a wireless antenna and associated equipment on an existing wireless communication facility is a permitted use in all zoning districts.

88-385-04-B.     Co-Location by Attachment to Existing Structure

This subsection addresses the installation of a tower or antenna on an existing structure, other than a wireless communication facility tower, including but not limited to buildings, light poles, water towers, commercial signs, church steeples, and any other freestanding structures. Such co-located facilities, including associated equipment and accessory structures, are subject to the following standards:

1.       HEIGHT

a.       In zoning districts with maximum height limits, co-located facilities, including antennae, may not extend above the highest point of the structure to which it is attached by more than:

1.      10 feet, if the structure is 40 feet in height or less;

2.      15 feet, if the structure is more than 40 feet in height or less than 60 feet in height; or

3.      35 feet, if the structure is 60 feet in height or higher.

b.      In zoning district with no maximum height limits, there is no limit on the height of the co-located facility.

2.       EQUIPMENT BUILDINGS AND CABINETS

a.       All equipment buildings must maintain the appearance of a permanent structure.

b.      All equipment buildings and cabinets must be screened in accordance with 88-425-08-B. Rooftop equipment must be screened in accordance with 88-425-08-C.

c. Ground mounted equipment buildings and cabinets must comply with applicable setback regulations of the subject zoning district for accessory structures.

3.     Antenna Dimensions

Antennas on co-located facilities may not be more than:

a.          4 feet high or wide, if the structure is 40 feet in height or less; or

b.         6 feet high or wide, if the structure is 40 feet in height or higher.

4.     Antenna Projection

The antenna of such a co-located facility may not project more than 3 feet from the side of the structure, nor may any equipment shelter or platform or other supporting electrical or mechanical equipment that is mounted on the structure be located within 5 feet of the outer edge of the structure.

5.     Antenna Design

The antenna and associated equipment of such a co-located facility must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure or building so as to make the antenna and associated equipment as visually unobtrusive as possible.

88-385-04-C. ANTENNA DIMENSIONS

Antennas on co-located facilities may not be more than:

 

1. 4 feet high or wide, if the structure is up to 40 feet high; or

 

2. 6 feet high or wide, if the structure is more than 40 feet high.

 

88-385-04-D. ANTENNA PROJECTION

The antenna of such a co-located facility may not project more than 3 feet from the side of the structure, nor may any equipment shelter or platform or other supporting electrical or mechanical equipment that is mounted on the structure be located within 5 feet of the outer edge of the structure.

 

88-385-04-E. ANTENNA DESIGN

The antenna and associated equipment of such a co-located facility must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure or building so as to make the antenna and associated equipment as visually unobtrusive as possible.

88-385-05. Freestanding facilities

The standards of this section apply to freestanding facilities constructed for the primary purpose of supporting wireless communication equipment.

 

88-385-05-A.     Location

 

1.      TECHNICAL DATA

An applicant for a freestanding facility must provide engineering or other appropriate technical data establishing the need for a facility at the requested location.

 

2.      CO-LOCATION
An applicant must describe efforts made to co-locate the required equipment on existing wireless communications facilities and on other existing structures. An applicant must describe why co-location is not possible, thus requiring the construction of a new freestanding facility. All new facilities must be constructed to permit the co-location of no less than two additional wireless communication providers.

3.      PUBLIC SAFETY FACILITIES

As a condition precedent to obtaining a building permit to construct a freestanding facility, the owner must agree to permit the co-location 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 must indicate whether public property, particularly property of the city, is appropriate for placement of a freestanding facility. Efforts to locate the required equipment on public property must be described. If the use of public property is not possible, the applicant must explain why a freestanding facility cannot be placed on public property.

 

5.      SEPARATION OF FACILITIES 

a.       ONE MILE SEPARATION

Monopoles or other towers constructed as part of a freestanding facility may 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 freestanding facility

b.      EXCEPTION
A freestanding facility may be located within the one-mile radius of another freestanding 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 freestanding facilities available for co-location, 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 to the freestanding systems.

88-385-05-B.     Setbacks

 

1.          PROPERTY LINES

a.       FRONT PROPERTY LINES

A setback of at least 50 feet must be provided from the