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Legislation #: 041396 Introduction Date: 12/9/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SKAGGS
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-213, Conditional uses permitted for unlimited time, and enacting in lieu thereof one new section of like number and subject matter.

Legislation History
DateMinutesDescription
12/9/2004 Filed by the Clerk's office
12/9/2004 Referred to Planning, Zoning & Economic Development Committee
1/12/2005 Hold On Agenda (2/16/2005)
2/16/2005 Hold On Agenda (3/2/2005)
3/2/2005 Hold On Agenda (3/9/2005)
3/9/2005 Advance and Do Pass as Second Committee Substitute, Debate
3/10/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
code corp. letter(new one).doc Other 25K MCC
041396.pdf Authenticated 795K Authenticated
041396attmt.pdf Advertise Notice 31K southern communities coalition hand out
Advertising notices.pdf Advertise Notice 3106K ad notice

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041396

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-213, Conditional uses permitted for unlimited time, and enacting in lieu thereof one new section of like number and subject matter.

 

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 Section 80-213, Conditional uses permitted for unlimited time, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-213. Conditional uses permitted for unlimited time.

 

(a)                The conditional uses set forth in this section shall comply with the height, yard, area and parking regulations of the use district in which such conditional uses are authorized, except as otherwise provided. Such conditional uses may be authorized by the board of zoning adjustment for an unlimited time subject to the conditions and restrictions listed in this section.

 

(b)               The following uses may be permitted in the districts designated and, where otherwise not permitted, by permission of the board of zoning adjustment on submittal of a plan by the applicant; provided that, in the judgment of the board, such use will not materially injure the appropriate uses of adjoining property, and will conform to the general intent and purpose of this chapter, including the requirements for off-street parking and loading facilities, and after receiving the report and recommendation of the director of city development and only after a public hearing. The director shall report as to whether or not any use to be permitted under this section is compatible with the plan for the development of the city used as a guide by the director on all matters referred to him. After a review of the plans, the director may make such recommendations for additional conditions as he may deem appropriate. The director may file a report with the board within 30 days of receipt of the application and plan, or within 30 days of any requested amendment thereof.

 

(1)               Amusement parks and recreation centers consisting of two or more recreational uses, in districts C-2 and C-3, subject to the following conditions:

 

a.                   The facilities and grounds shall be a sufficient distance from any area zoned R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6 so that noise, traffic generation and other effects will not be adverse to the residential neighborhood. Where the property adjoins such zoning districts, no building or facility shall be nearer than 100 feet to any such district and no driveway or parking area shall be nearer than 50 feet to such common boundary unless topography or other factors justify a lesser setback.

 

b.                  Plans for shrubbery, landscaping and fencing shall be presented to the board and made a part of the permit.

 

c.                   Outdoor lighting shall be so designed as to reflect away from adjoining residential zoned property.

 

d.                  Access to the property shall be directly from major thoroughfares.

 

e.                   Parking space for patrons and employees shall be provided on the site equal to one space for each 500 square feet of total site area, exclusive of setback and parking areas, or one space for each four persons based on the anticipated capacity, whichever is greater. These standards set out in this subsection are minimum standards for parking. The board may require additional parking if review of the proposed operation so indicates.

 

f.                    A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

(2)     Aviation fields, airports and heliports in districts RA, R-6, C-1, C-2, C-3, M-1, M-2 and M-3, provided the following conditions are met:

 

a.                   Plans of any airport or heliport shall include all approach and departure paths as necessary to ensure safe and adequate landing and takeoff area and shall be supplemented by a favorable report by the local airport district office of the Federal Aviation Administration (FAA).

 

b.                  Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and takeoff areas by the general public.

 

c.                   Landing and takeoff areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.

 

(3)               Cemeteries, burial grounds, graveyards, mausoleums or crematories in districts R-1, RA, R-2, R-3, R-4 and R-5.

(4) Church signs on a lot separate from the church buildings lot, in R-1, RA, R-2, R-3, R-4, R-5 or C-1 districts, where the board shall find such signs to be in the public interest and upon approval of a specific plan and design and in accordance with the following conditions and restrictions:

a. The sign must not exceed 250 square feet in area and the overall height of the sign and the structure supporting the sign shall not exceed 15 feet.

 

b. The lot on which the sign is located shall be within 500 feet of the church building.

 

c. The lot on which the sign is located shall be owned by the church.

 

d. The lot on which the sign is located must adjoin a district zoned C-2 to M-3, inclusive , or CP-2 or CP-3.

 

e. The lot on which the sign is located shall be within 100 feet of an interstate highway.

 

f. Any illumination shall be by indirect lighting only and shall create no glare on adjoining property.

 

g. The sign shall be designed in such manner that it will, in the judgment of the board, be in harmony with the character of surrounding property.

 

h The ground upon which the sign is located shall be appropriately landscaped.

 

i. The sign must not jeopardize or harm the health, safety, welfare or property values of the residents of adjoining neighborhoods.

 

(5) Commercial baseball or athletic fields, racetracks, fairgrounds, batting cages or golf ranges in districts RA, R-3, R-4, R-5, C-1, C-2 and C-3, subject to the following conditions. Baseball parks are first allowed outright in district M-1, as provided in section 80-180.

 

a.                   Where the property adjoins any area zoned R-1 and R-2, no building or facility shall be nearer than 100 feet to any such district and no driveway or parking area shall be nearer than 50 feet to such common boundary unless topography or other factors justify a lesser setback.

 

b.                  A plan for landscaping and fencing shall be submitted to the board for approval and made a part of the permit. The board may require specific landscaping and specific fencing to protect adjoining properties.

 

c.                   Outdoor lighting shall be so designed as to reflect away from adjoining property.

 

d.                  Access to the property shall be directly from a major thoroughfare.

 

e.                   Parking spaces for commercial baseball or athletic fields, racetracks and fairgrounds shall be one per each four persons, plus one per each four employees. Parking spaces for batting cages shall be one space for each cage, and, for golf driving ranges, one space for each pad or tee-box.

 

f.                    A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

(6) Country club clubhouses, golf course clubhouses and private clubs in districts R-1, RA, R-2 and R-3, subject to meeting all the conditions and restrictions set forth in this subsection. Private clubs are first allowed outright in district R-4, as provided in section 80-80.

 

a.                   The property shall be at least four acres in size.

 

b.                  The property shall have direct access to a major thoroughfare. The club property, when in connection with a subdivision plan or an overall plan for community development, may be located on a minor street having a minimum right-of-way width of 60 feet and a minimum pavement width of 34 feet between the club site and a major thoroughfare.

 

c.                   The front, side and rear yards for all buildings and structures, including outdoor recreation areas and parking lots, but excluding fences and walls, shall be at least 30 feet in width or depth.

 

d.                  Off-street parking shall be provided on the basis of one space for every two members.

 

e.                   Vehicular access shall be only from a major thoroughfare; or, when the club site is located on a minor street, vehicular access shall be only from a minor street having a minimum right-of-way of 60 feet and a minimum pavement width of 34 feet.

 

f.                    Parking areas shall be hard-surfaced, and outdoor recreation facilities and parking areas shall be appropriately screened by landscaping or a wall if adjacent to adjoining residential property. Outdoor lighting shall be so designed as to reflect away from adjoining residential property. Outdoor recreation facilities shall not be used later than 10:00 p.m., and lighting for such facilities shall be turned off at that time.

 

(7) Gas and oil drilling in any district, subject to the following conditions and restrictions:

 

a.                   Any oil or gas well within 165 feet of a residential district shall be visually screened.

 

b.                  Any wellhead shall be screened within six months after installation of the pumps and storage tanks.

 

c.                   Any storage tank shall be located at least 165 feet from the property line.

 

(8) Group homes for various types of individuals requiring special consideration, as follows:

 

a.     Children's day nurseries and children's boarding homes in districts R-1 RA, R-2 and R-3, if the primary use of the land or if providing care for more than ten children within a home, subject to meeting all of the following conditions and restrictions:

 

1.                  The property shall have a minimum lot area of 20,000 square feet and shall have a minimum lot width of 100 feet.

 

2.                  Not less than 500 square feet of lot area shall be provided for each child.

 

3.                  Side yards shall be at least 100 percent greater than the side yard required in the district.

 

4.                  Not less than 100 square feet of open play space shall be provided on the lot for each child.

 

5.                  All open play areas shall be completely enclosed with a tight fence at least four feet in height.

 

6.                  The property shall front or abut on a collector street.

 

7.                  The property shall be adequately screened from adjoining properties.

 

8.                  A permit may be issued for a specified period as well as for an unlimited time at the request of the applicant and at the discretion of the board. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

b.     Convalescent, nursing and old folks' homes, in districts R-1, RA, R-2 and R-3, subject to meeting the following conditions and restrictions:

 

1.                  The property shall have a minimum lot area of 20,000 square feet and shall have a minimum lot width of 100 feet.

 

2.                  Not less than 500 square feet of lot area shall be provided for each patient.

 

3.                  Side yards shall be at least 100 percent greater than the side yard required in the district.

 

4.                  Off-street parking shall be provided for on the basis of one space for each living unit, or, in the case of dormitory design, one space for each four beds and one space for each four employees.

 

5.                  The number of beds, if dormitory design, shall not exceed six times the number of dwelling units per square foot of lot area in the district in which the use is located; or the number of living units shall not exceed twice the number of dwelling units per square foot of lot area in the district in which the use is located.

 

6.                  A permit may be issued for a specified period as well as for an unlimited time at the request of the applicant and at the discretion of the board. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

c. Group day care homes in districts R-1, RA, R-2, R-3, GP-5, GP-6 and GP-7 subject to the following conditions:

 

1.                  The primary use of the premises shall be residential.

 

2.                  The use shall be primarily carried on or conducted by members of a family residing in the dwelling.

 

3.                  Day care shall be provided for no more than ten children and no less than seven within any 24-hour period; provided, however, that in the event of overlapping shifts the day care home may have twice the number of children permitted for a period of time not to exceed one hour.

 

4.                  One off-street parking space shall be provided if an assistant is to be employed.

 

5.                  All open play areas shall be completely enclosed with a tight fence at least four feet in height.

 

6.                  The permit shall be issued to a particular provider. A change in the day care provider shall require another public hearing. Furthermore, the board may limit the use to a specified time as well as an unlimited time. If the permit is for a specified time, the board may renew the permit.

 

(9) Medical office buildings in districts R-4 and R-5, when located immediately adjacent to a hospital or when the property is located directly across a street from a hospital, and subject to meeting all of the following conditions and restrictions:

 

a.                   Vehicular access may be on the same street on which the hospital property is located, but on no other streets.

 

b.                  The buildings shall not exceed the maximum height requirement of the districts in which they are located.

 

c.                   Buildings shall front on the street on which the hospital property is located or on interior parking areas.

 

d.                  Prescription shops, pharmaceuticals, laboratory and X-ray facilities, restaurants or other such similar facilities serving only those who maintain offices or are employed in such buildings may be permitted within the building as accessory uses, provided no display or sign is used to advertise such use and provided all access to such facilities is within the building with no outside entrances.

 

e.                   One off-street parking space shall be provided on the premises for each 500 square feet of gross floor area, exclusive of basements and floor area devoted to parking and entranceways. Off-street parking areas shall be developed as set forth under section 80-444.

 

(10)    Penal or detention centers or facilities in which persons accused or convicted of offenses are held in custody, confined or housed prior to or during trial or for incarceration after trial and conviction, excluding individuals confined to their own home by means of electronic surveillance or an equivalent thereto, in districts RA, M-1 and M-2, subject to the following conditions:

 

a.                   The property shall have a minimum lot area of two acres in districts RA, M-1 and M-2.

 

b.                  No such facility shall be located on property which is within 1,000 feet from any area zoned R-1, R-2, R-3, R-4, R-5, R-6, R-4-O, R-5-O, GP-4, GP-5, GP-6, GPR-1 and GPR-2, or within 1,000 feet of any educational institution; library; museum; children's amusement park; building primarily designed and devoted for human habitation, excluding motels and hotels; community center; park; church, synagogue, temple or other place of worship; or day care facility.

 

c.                   All outdoor recreation areas and all structures to be occupied by inmates shall be set back a minimum of 200 feet in district RA and 25 feet in districts M-1 and M-2.

 

d.                  The property on which the facility is to be located shall provide a minimum lot area of 350 square feet per occupant in districts RA, M-1 and M-2.

 

e.                   Parking shall be provided on the basis of one space per employee in the largest shift plus one additional space per every ten occupants. The board shall have authority to require additional parking if such additional parking is necessary due to the special needs generated by the particular facility.

 

f.                    A plan shall be submitted which provides for the arrangement of buildings, recreation space, parking and other relevant matters and shall include a statement delineating the number and types of inmates, conditions of incarceration and type of security to be provided. In addition, the board may request any additional information necessary to evaluate the proposal and may establish and impose conditions for approval.

 

(11)     Pet cemeteries in district RA, subject to the following conditions:

 

a.                   The property shall be at least three acres in size.

 

b.                  The property shall have at least 120 feet of lot frontage.

 

c.                   The front, side and rear yards for all buildings and structures, including all graves, parking lots and drives, shall be at least 20 feet in width and depth.

 

d.                  Plans for landscaping, screening and fencing, including locked gates for all entry points, shall be submitted to the board for approval and made a part of the permit. The board may require specific landscaping and specific fencing to protect adjoining properties.

 

e.                   All drives and parking lots shall be paved with asphalt or concrete materials.

 

f.                    Pet cemeteries shall not be opened later than 10:00 p.m. and lighting for such use shall be turned off at that time. The animal and/or burial container shall be placed at least 18 inches below the surface of the ground with at least 18 inches of soil placed upon the animal and/or burial container.

 

(12)    Signs, informational or directional, to identify shopping centers or residential districts in R-1, RA, R-2, R-3, R-4, R-5 or C-1 districts, where the board shall find such signs to be in the public interest and upon approval of a specific plan and design and in accordance with the following conditions and restrictions:

 

a.                   Such sign shall be located within a radius of one-half mile of the area it identifies and shall be located on a corner lot at a street intersection, one street of which is a major thoroughfare. Signs which identify a residential district or subdivision or district so identified need not be on a major thoroughfare and need not be on a corner lot. On-premises signs which identify an apartment complex need not be at a street intersection. Where the complex abuts on two or more major thoroughfares, one identification sign shall be permitted along each street.

 

b. The sign shall be designed in such manner that it will, in the judgment of the board, be in harmony with the character of surrounding property. The ground upon which the sign is located shall be appropriately landscaped. The sign shall show only the name, telephone number, direction and distance to the area designated.

 

c. The sign panel shall not exceed 40 square feet in area, and the overall height of the sign and the structure supporting the sign shall not exceed 10 1/2 feet; except, where the topography of the site is such that this height is insufficient for public viewing, the board of zoning adjustment may grant height variances not to exceed the difference in grade between that of the roadway and that of the sign site. Uses which have frontage on interstate highways or expressways may be permitted to increase the size of the signs up to 25 percent with approval of the board of zoning adjustment, or the size of the sign may be increased ten square feet over 40 square feet for each additional 50-foot distance from the right-of-way, up to a maximum of 96 square feet Any illumination shall be by indirect lighting only and shall create no glare on adjoining property.

 

d. The location of such sign shall be established as follows:

 

1.                  By a declaration of restrictions;

 

2.                  By an easement on a platted lot;

 

3.                  On platted property owned and maintained by a homes association as established by a recorded declaration; or

 

4.                  On property under same ownership.

 

The sign shall be at least 75 feet from the nearest point of any existing or future residence which is located in a residentially zoned district, except that this provision shall not apply to a sign identifying a residential district or subdivision in which the sign is located.

 

e. On a corner lot, the sign shall not extend forward of a diagonal line which intersects the front and side property lines of the lot at points 20 feet distant from the common intersection of the front and side property lines, or, if the corner of the lot is platted on a radius, the extension of the front and side property lines to a point of common intersection. On an interior lot, the sign shall be set back at least one foot from the right-of-way line and be no more than two feet in height. For each additional foot the sign is set back from the right-of-way line, the sign's height may increase an additional one foot in height. However, the sign shall not exceed 10 1/2 feet in height.

 

f. Signs conforming to the above requirements and approved by the City Plan Commission under Sections 80-270, Community Unit Projects, (d) Final Plan; 80-271, Limited districts, (f) Final Plan; 80-280, Final plans and failure to commence construction after approval of planned district; and 80-260, Group housing projects, (d) Final Plan, shall not be subject to approval by the Board of Zoning Adjustment under this subsection.

 

(13)     Solid waste separation facilities and transfer stations in districts M-2 or M-3 subject to meeting all of the following conditions and restrictions:

 

a.                   Any such use shall be conducted entirely within a building completely enclosed with walls and a roof.

 

b.                  The building which contains the solid waste separation facility or transfer station shall be located a minimum of 600 feet from any property zoned districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-6, GP-5, GP-4, GPR-1 or GPR-2.

 

c.                   A solid waste separation facility or a transfer station may be located in a regulatory floodplain if a floodplain certificate as required by Chapter 28 is issued for the building and the building is protected to prevent damage or waste contact with flood waters.

 

d.                  The buildings shall not exceed the maximum height requirement of the districts in which they are located.

 

e.                   Off-street parking and loading shall be required and developed as set forth in sections 80-444 and 80-445.

 

f.                    In addition to the use of the property for a solid waste separation facility or a transfer station, other uses may be permitted by the board of zoning adjustment as a part of the overall activities on the property provided that such uses are depicted on the site plan and approved by the board.

 

g.                   A site plan for a solid waste separation facility or a transfer station shall be submitted and approved by the board as part of the application and shall include the following information:

 

5.                  The site plan shall consist of a drawing, to scale, of the proposed uses, both principal and accessory, and the location of such uses on the site. The site plan shall also provide a time schedule by phases for implementation.

 

6.                  Metes and bounds perimeter description and ownerships of individual parcels, with legal descriptions, if applicable.

 

7.                  Plan of the property drawn to a scale of one inch equals 200 feet or larger showing legal description, boundary of property, boundary of proposed solid waste separation facility or transfer station, existing topography with contours of five-foot intervals or less to NGVD of 1929 or city datum, existing easements and utilities, access, 100 year floodplain and watercourses or drainage systems. For horizontal control, the plans of the property and engineering drawings and grading plans shall be based on the Missouri State Plane Coordinate System (West Zone) 1983 North American Datum (NAD-1983).

 

8.                  Phasing plan for location and description of the solid waste separation facility or the transfer station and other related uses and parking on the site.

 

9.                  Traffic study identifying truck traffic and other vehicular traffic to and from the site, streets to be used for such traffic, peak hour trips and total trips per day based on hours of operations. Access shall be provided from a street improved to a width and thickness sufficient to withstand truck traffic, shall require a minimum of turning maneuvers, shall not adversely impact current and future traffic volume, shall not negatively impact future development along the access street and has appropriate signalization.

 

10.              Method of operation of the solid waste separation facility or the transfer station including types of waste processed or separated; hours of operation; control of dust, odor, noise, rodents and birds, and control and pickup of litter and debris from both on-site and off-site areas and roadways; routes of collection trucks directly to the site.

 

11.              Landscape planting plan of the area.

 

12.              Any other information necessary for a determination as to the suitability of the area for the use.

 

h. A permit may be issued for a specified period of time as well as for an unlimited time at the request of the applicant and at the discretion of the board. If the permit is for a specified period of time, the board may renew the permit upon expiration.

 

i.     The board 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 conditional use permit may be revoked at any time by the board upon notice to the permit holder and after a hearing before the board when violations of any provision of the Code of Ordinances has occurred.

 

(14)     Travel trailer camps, only in RA and C-2 districts, subject to the following conditions and the provisions of chapter 72:

 

a.                   The site selected for travel trailer camp areas shall be well-drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site need not necessarily front on a major thoroughfare, but it shall be directly accessible to the major thoroughfare by means of a private road or public road on which it has frontage.

 

b.                  Minimum tract size shall be five acres, and such tract shall be in one ownership.

 

c.                   The maximum number of travel trailer spaces allowed within the permitted districts shall not be more than 20 spaces per acre. Consideration shall be given to whether the camp and the density level are designed accordingly. The densities of overnight use may be higher than destination-type camps since it primarily serves as a short stopping point while the destination-type camp located at or near a scenic historical or outdoor recreational area provides for longer and extended stays of several days or weeks.

 

d.                  Minimum width of a trailer space shall be 25 feet, and it shall be so designed to provide space for parking both the trailer and towing vehicle off the roadway. No trailer unit shall be closer than ten feet to any other adjacent unit, structure or roadway; and all spaces shall have direct access to the roadway. No unit shall be placed closer than 30 feet to any of the development property lines, and the ten feet nearest to the property line shall be permanently maintained as a sodded or landscaped area.

 

e.                   The minimum open area required for a common use of the trailer camp shall be not less than ten percent of the gross area of the camp. Common open space shall be calculated as any open unoccupied area remaining after the dwelling spaces, buildings, roadways or streets, parking areas and the ten-foot permanent perimeter areas have been deducted. This open space shall be sodded or landscaped or otherwise designed and made available for recreational use.

 

f.                    A central office or convenience establishment with an attendant shall be provided within the trailer camp to register guests and provide service and supervision to the camp.

 

g.                   The applicant for a travel trailer camp shall submit a development plan to the board of zoning adjustment for approval. Such plan shall contain the information as required in this subsection and any other information the board reasonably shall deem necessary to fully evaluate the proposed development. The applicant shall submit the information on a sheet size not to exceed 24-inch by 36-inch dimensions.

 

1.                  Existing condition map showing:

 

i.     Legal description of the proposed property.

 

ii.                   Location drawing showing the existing development within a one-half-mile radius of the proposed location.

 

iii.                  Existing site plan indicating the size of the site, topography (at no greater than five-foot contour intervals); right-of-way or easement locations, size and identification (water, gas, power, telephone, storm sanitary sewer); existing structures; tree masses; drainageways and any other unusual land forms or features.

 

iv.                 Date prepared, scale and north point.

 

2.                  Proposed development plans showing:

 

i.     General layout of development, with dimension sizes, number of spaces and related sanitation accommodations.

 

ii.                   Parking area location, sizes and capacity.

 

iii.                  Ingress and egress points for the projects.

 

iv.                 Use of structures.

 

v.                   General layout of typical travel trailer spaces showing size of spaces and proposed improvements.

 

vi.                 General layout of the required common open space development indicating location of recreational areas and accessory convenience establishment.

 

vii.                Location of permanent open space to be retained.

 

viii.              Layout of roadways within the camp.

 

ix.                 Net density of the proposed project, expressed in terms of units per acre.

 

x.                   General landscaping plan indicating all new and retained plant material to be incorporated within the new development and a layout of the outdoor lighting system.

 

xi.                 Plan and method of sewage disposal and water supply.

 

xii.                Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas.

 

The development shall provide a general refuse storage area which shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

 

h.                   The travel trailer camps shall be planned and constructed in accordance with the minimum standards as established in this section and as outlined in this subsection:

1.                  All parking areas and roadways shall be constructed and paved with a hard-surfaced bituminous or concrete material.

 

2.                  All camps shall be provided with general outdoor lighting with a minimum of 0.3 footcandle of general illumination.

 

3.                  All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded or landscaped and shall be maintained.

 

(15)     Underground mines or quarries in district RA, or use of such underground mined-out areas for uses not otherwise permitted, provided the following conditions are met:

 

a.                   All surface access to such underground mine or quarry shall be from within a district M-2, and all surface access to uses in any existing mined-out area shall be from within a district in which such use is permitted.

 

b.                  Surface and subsurface rights shall be in single ownership or under unified control, or surface rights shall be dedicated to public use and subsurface rights alone shall be retained for mining and subsequent use.

 

c.                   No activities shall be conducted upon the surface of such mine or mined-out area other than as permitted in district RA.

 

d.                  Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four sides to a height of at least eight feet. No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area. Such facilities shall observe the height and yard requirements of district R-4.

 

e.                   A plan of operation indicating the extent of the area proposed to be mined, accompanied by profiles describing any proposed subsequent use of the mined-out areas, shall be included with the site plan submitted to the board.

 

(16)     Pet resort, pet motel and pet recreation centers in Districts C-2, C-3, C-4, CP-2, CP-3 and GP-3, subject to meeting all of the following conditions and restrictions:

 

a.                   For the purposes of this section, a pet resort, pet motel and pet recreation center is defined as a business offering daycare services, overnight accommodations, grooming and training for domestic animals along with the retail sale of pet food and pet products.

 

b.                  For the purposes of this section, the term domestic animal is defined as a companion pet, including, but not limited to, dogs, cats, birds, hamsters, guinea pigs, ferrets and other animals sold in a retail pet store, but excluding farm animals, bovine and equine, and zoo animals.

 

c.                   There shall be no intentional breeding of animals conducted in such pet resort, pet motel and pet recreation centers.

 

d.                  The height, yard and area regulations, including parking lots and drives shall comply with the height, yard and area regulations of the district in which the pet resort, pet motel and pet recreation center is to be located.

 

e.                   At the time of original approval, the principal structure of such an establishment shall be located a minimum of 75 feet from a principal structure used for the purposes of residential dwelling in any residentially zoned district.

 

f.                    The building(s) must be soundproofed to a minimum STC (sound transmission class) rating of 50, air-conditioned and must include, without limitation, rooms or containment facilities, an area for grooming and bathing, an indoor exercise area and entertainment facilities for the domestic animals.

 

g.                   There shall be no doors designed to permit the domestic animals to move from the interior of the building to the outside without an attendant assisting them.

 

h.                   Domestic animals may be exercised in a designated and fenced area outside the building so long as there is an attendant with them.

 

i.                     The noise levels created from the facility shall not exceed 80 decibels at the property lines.

 

j.                    All outdoor runs or exercise areas shall be hard surfaced or grass.

 

k.                  A detailed landscaping, screening and fencing plan to shield the use from the adjoining properties and/or public right-of-way shall be submitted to the Board of Zoning Adjustment for approval.

 

l.                     All drives and parking lots shall be paved and with either asphalt or concrete materials.

 

m.                 The facility may have an on-site resident 24-hour caretaker.

 

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Approved as to form and legality:

 

 

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M. Margaret Sheahan Moran

Assistant City Attorney