COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980834

 

Amending 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 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 80-50, District RA (Agricultural), and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 80-50. District RA (agricultural).

 

(a) 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:

 

(1) Any 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 acres.

 

(2) Agricultural uses, including horticulture, nurseries, orchards, aviaries, apiaries and field crops.

 

(3) General 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.

 

(4) Farms 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.

 

(5) Killing, 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.

 

(6) Kennels, provided the buildings and pens shall be located not less than 200 feet from any property line.

(7) Mushroom barns and caves.

 

(8) Picnic groves, but not including any regular business or cabin camp development therein.

 

(9) Signs, 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 this district.

 

(10) Commercial radio and television transmitting towers subject to certain conditions as follows:

 

a. A 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.

 

b. The 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.

 

c. Submission of the following is required:

 

1. A site plan showing the location of the transmitting tower and any outbuildings proposed or existing on the property, fences and screenings.

 

2. Engineering specifications detailing construction of tower, base and guy wire anchorage.

 

d. An anti-climb fence shall be provided around the perimeter of the transmitting tower.

 

e. If 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.

 

f. The applicant shall present documentation of the possession of any required license by any federal, state or local agency.

 

(11) Wireless communication facilities.

 

a. Purpose.

 

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.

 

d. Location.

 

1. Technical data. An applicant for a wireless communications facility shall provide engineering or other appropriate technical data establishing the need for a facility at the requested location.

 

2. 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 broadband providers.

 

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.

 

5. Separation of facilities.

 

(a) One mile separation. Monopoles or other towers constructed as part of a wireless communications facility shall not be located closer than within a one mile radius of the center of the base of another monopole or other tower constructed as part of a wireless communications facility. This requirement does not apply to antennas or other equipment located on existing 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.

 

7. Not second principal use. The construction of a wireless communications facility shall not be considered a second principal use of property.

 

e. Setback.

 

1. Property line - freestanding monopole.

 

(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 district.

 

2. Property 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.

 

g. Screening

 

1. General. Unless located in an undeveloped area, adjacent property shall be screened from the equipment and ground-level portion of the facility. Screening may be accomplished by 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.

 

(12) Accessory 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.

 

(b) 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:

 

(1) Height. 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.

 

(2) Yards.

 

a. Front yards. The front yards in this district shall have a minimum depth of 40 feet.

 

b. Side yards.

 

1. The side yards in this district shall have a minimum depth of eight feet.

 

2. On 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.

 

c. Rear yards.

 

1. The 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 feet.

 

2. The area occupied by a detached accessory building in a rear yard shall be limited to 40 percent of the area of the rear yard.

 

(3) Lot 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 dwelling.

 

Section 2. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney