COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980834
Chapter 80, Code of Ordinances, by repealing Section 80-50, District RA
(Agricultural), and enacting in lieu thereof one new section of like number and
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri,
is hereby amended by repealing Section 80-50, District RA (Agricultural), and
enacting in lieu thereof one new section of like number and subject matter, to
read as follows:
80-50. District RA (agricultural).
Use regulations. In district RA, no building or land shall be used and
no building shall be erected, altered or enlarged, which is arranged, intended
or designed for other than one of the following uses, except as otherwise
provided in sections 80-210 through 80-214 and 80-230:
use permitted in district R-1; provided, further, that the restrictions for
district R-1 governing the location of uses under section 80-41(3)a apply also
to their locations in district RA. Churches and other public uses as provided
for in section 80-41(3)b.1 through 3 shall provide a lot area of at least three
uses, including horticulture, nurseries, orchards, aviaries, apiaries and field
farming, including the breeding and raising of livestock, riding stables and
academies, and polo fields, on a tract, lot or parcel having an area not less
than 20 acres; provided that all stables, barns, animal sheds or shelters shall
be located not less than 100 feet from any property line; and further provided
there shall be no feeding or disposal of garbage, rubbish or offal unless a
permit for such operation is issued by the health department, which permit
shall be for a stipulated period not to exceed three years.
devoted to hatching, raising, breeding and marketing of chickens, turkeys or
other poultry, fowl, rabbits, fur-bearing animals, fish or frogs, on a tract,
lot or parcel having an area of not less than five acres.
butchering or dressing of livestock, fowl, fish or other animals raised on the
premises, provided that such killing, butchering or dressing is done in an
accessory building, which building shall be located not less than 200 feet from
any property line.
provided the buildings and pens shall be located not less than 200 feet from
any property line.
barns and caves.
groves, but not including any regular business or cabin camp development
freestanding directional or informational, pertaining to a public improvement
and serving a public purpose; provided that they do not exceed 12 feet by 24
feet in size and shall not extend more than 12 feet above the ground, that the
name of no firm or corporation shall appear upon the sign or be attached
thereto, that no advertising matter shall be presented or appear upon such sign
or be attached thereto, that any illumination shall be by shaded or indirect
lighting and no flashing or intermittent lights shall be permitted, and that
the location of such sign shall be in accordance with the yard requirements of
radio and television transmitting towers subject to certain conditions as
setback of two-thirds the transmitting tower height to the nearest property
line from the center of the transmitting tower is required. Guy wires and
similar support devices shall be no closer than 20 feet from any lot line.
height of the tower shall be subject to meeting the setback requirements as
stated in subsection (a)(10)a of this section, or the requirements within an
airport approach zone as defined in section 6-73, whichever is less.
of the following is required:
site plan showing the location of the transmitting tower and any outbuildings
proposed or existing on the property, fences and screenings.
specifications detailing construction of tower, base and guy wire anchorage.
anti-climb fence shall be provided around the perimeter of the transmitting
any accessory building is proposed, details of the building, including
construction plans, elevations and use, will be provided by the applicant. One
parking space will be provided for every two persons anticipated to be working
in the building.
applicant shall present documentation of the possession of any required license
by any federal, state or local agency.
1. Colocation as City policy.
Wireless communications providers are encouraged to colocate at single sites
unless technically and economically impossible. This goal recognizes that the
reduction in the number of facilities may result in an increase in the height
of facilities that are permitted.
2. Industry cooperation.
Wireless communications providers should work together to develop a network of
wireless communications facilities and sites that all providers can share to
minimize the number of facilities.
b. Building permit required.
The construction of a wireless communications facility requires a building
permit. In addition to the requirements of the Building Code, an applicant for
a building permit must meet the requirements of this section. In this section,
the term applicant means the entity wishing to place a wireless
communications facility in the City.
c. Site plan. When seeking
a building permit, an applicant must submit a site plan showing the conditions
required by this section, and other applicable regulations, including Chapter
25 Communications Transmissions Systems, Code of Ordinances, and Chapter 2,
Article VI, Division 8 Landmarks Commission, Code of Ordinances.
1. Technical data. An
applicant for a wireless communications facility shall provide engineering or
other appropriate technical data establishing the need for a facility at the requested
2. Colocation. An
applicant shall describe efforts made to colocate the required equipment on
existing wireless communications facilities and on other existing structures.
An applicant shall describe why colocation is not possible, thus requiring the
construction of a new wireless communications facility. All new facilities
shall be constructed to permit the colocation of no less than two additional
3. Public safety facilities.
Operators of facilities shall, by obtaining a permit to construct a facility,
agree to permit the colocation of public safety communications facilities owned
or operated by the City or the Kansas City Police Department on terms and
conditions mutually agreeable to each party.
4. Consideration of public
property. An applicant shall indicate whether public property,
particularly property of the City of Kansas City, Missouri, is appropriate for
placement of wireless communications facilities. Efforts to locate the
required equipment on public property shall be described. If the use of public
property is not possible, the applicant shall explain why a wireless
communications facility cannot be placed on public property.
(a) One mile separation.
Monopoles or other towers constructed as part of a wireless communications
facility shall not be located closer than within a one mile radius of the
center of the base of another monopole or other tower constructed as part of a
wireless communications facility. This requirement does not apply to antennas
or other equipment located on existing buildings or to be collocated on
existing monopoles or towers.
(b) Exception. A facility
may be located within the one mile radius of another facility if an engineering
or other appropriate technical study establishes that there are no suitable
sites available that meet the one mile separation requirement. A lack of
suitable sites means that there are no existing wireless communications
facilities available for colocation, no existing buildings or other structures
available for placement of equipment, or, for engineering or other appropriate
technical reasons, equipment must be located closer than one mile apart to
operate the wireless communications system.
6. Exception to height
limitations. To encourage the use of existing structures, a wireless
communications provider may place an antenna on an existing building even
though the resulting height of the existing building exceeds that allowable for
the zoning district in which the building is located by up to 25 feet. All
other requirements of the zoning district will apply to any structure required
to hold and protect equipment.
second principal use. The construction of a wireless communications
facility shall not be considered a second principal use of property.
1. Property line -
(a) Front property lines.
A setback of at least 50 feet shall apply to the front property line, unless a
larger setback applies.
(b) All other property lines.
Setback requirements, unless specifically addressed in this subsection, shall
comply with the requirements applicable to all structures located in an RA
line - lattice tower. A setback equal to a distance of at least two-thirds
the height of the tower or other structure shall apply from all property lines
unless a larger setback applies.
3. Residential and
agricultural districts. A wireless communications facility shall be located
no less than 200 feet from any residential structure located within a
residential or agricultural district. If a wireless communications facility is
taller than 200 feet, the separation from the center of the facility to a
residential structure located within a residential or agricultural district
shall equal the height of the facility.
f. Type of facility. A
wireless communications facility may be a freestanding monopole or a lattice
tower with or without guy wires, and a structure no larger than necessary to
protect the required equipment.
1. General. Unless located
in an undeveloped area, adjacent property shall be screened from the equipment
and ground-level portion of the facility. Screening may be accomplished by a
visual barrier fence or landscaping, or both. Landscaping shall provide
screening throughout all seasons.
2. Undeveloped areas.
Facilities located in undeveloped areas need not be screened when constructed
if the bottom 25 feet of the facility is not visible, based upon a six foot
line of sight, from public rights of way or adjacent property. Once the area
around the wireless communications facility begins to develop, and the bottom
25 feet of the facility will become visible to public rights of way or adjacent
property, the wireless communications facility shall be screened from adjacent
property or rights of way. Screening may be accomplished by a visual barrier
fence or landscaping, or both. Once construction begins on a project or
segment of a project that will result in the wireless communications facility
becoming visible from public rights of way or adjacent property, the wireless
communications facility shall be screened within three months of commencement
of the project or segment of the project causing the required screening. The
City shall endeavor to provide notice of the commencement of the project or
segment of the project, but the failure to give such notice shall not be a
justification for failing to screen the facility.
h. Lighting. Only basic
security lighting shall be permitted. Lighting shall not result in glare on
the adjacent properties. A lighting ring chart shall be provided as part of
the plan submitted for approval of any facility. This requirement does not
preclude the use of light poles, athletic field light structures or other
sources of light from being used to disguise or to support wireless
communications facilities. Lighting required by federal authorities, including
the Federal Communications Commission or the Federal Aviation Administration
are recognized as superseding local requirements for lighting when the
requirements are inconsistent.
i. Signs. A wireless
communications facility may not have signage for business identification or
advertising attached or incorporated into the facility, except for a sign no
larger than 12 inches by 18 inches which contains the name of the operator and
an emergency telephone number. This prohibition does not preclude the use of
existing signs or billboards from being used to disguise or to support wireless
communications facilities. This prohibition is not intended to supersede any
requirement by the Federal Communications Commission or other appropriate
agency for identification signs.
uses, including all buildings and structures commonly required for the
operation of any of the uses listed in this subsection; and roadside stands
offering for sale only products which are produced on the premises. Display of
one unilluminated sign not larger than 16 square feet in area, pertaining to
the sale, lease or identification of the premises upon which it is located, or
to the sale of products raised thereon, is permitted.
Height, yard and area regulations. In district RA, the height of the
buildings, the minimum dimensions of lots and yards and the minimum lot area
per family permitted on any lot shall be as follows, with the exception of
commercial communication towers as noted in subsection (a)(10) of this section:
Buildings shall not exceed 2 1/2 stories and shall not exceed 35 feet in
height. Accessory buildings or structures, such as barns and silos, whose
usability is based on certain heights, may extend above these limits.
yards. The front yards in this district shall have a minimum depth of 40
side yards in this district shall have a minimum depth of eight feet.
a corner lot, the side yard regulations shall be the same as for interior lots,
except in the case of reversed frontage where interior lots have been platted
or sold fronting on the side street. In this case there shall be a side yard
equal to the front yard required in subsection (b)(2)a of this section for the
lots on the side street.
rear yards in this district shall have a minimum depth of 25 percent of the
depth of the lot, but the depth of such rear yard need not be more than 50
area occupied by a detached accessory building in a rear yard shall be limited
to 40 percent of the area of the rear yard.
area frontage. No building shall be erected or altered to accommodate or
make provision for more than one family for each three acres with a minimum
frontage of 120 feet, provided that, where a lot, in single ownership at the
time of the adoption of this district, has less area or width than required in
this section, this subsection will not prohibit the erection of a one-family
2. That the Council finds and declares that before taking any action on the
proposed amendment hereinabove, all public notices and hearings required by the
Zoning Ordinance have been given and had.
hereby certify that as required by Chapter 80, Code of Ordinances, the
foregoing ordinance was duly advertised and public hearings were held.
City Plan Commission
as to form and legality: