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Legislation #: 060113 Introduction Date: 1/26/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Sections 80-70 (District R-3), 80-80 (District R-4), 80-90 (District R-5), 80-213 (Conditional uses permitted for unlimited time), and Appendix A (KCIA General Planned Development District), Sections 2.4 (GP-4), and 2.5 (GP-5) and enacting in lieu thereof new sections of like numbers and subject matters to allow certain uses such as banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants as accessory uses within residential structures for the elderly. (254-S-237)

Legislation History
DateMinutesDescription
1/26/2006 Filed by the Clerk's office
1/26/2006 Referred to Planning, Zoning & Economic Development Committee
2/15/2006 Do Pass as a Committee Substitute
2/23/2006 Assigned Third Read Calendar as Substituted
3/2/2006 Passed as Substituted

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060113.pdf Authenticated 1918K Authenticated
fs254s237.xls Fact Sheet 71K REVISED FACT SHEET-USE THIS
254s237_01_03_2006_revised forPZ_Ed.doc Staff Report 551K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060113

 

Amending Chapter 80, Code of Ordinances, by repealing Sections 80-70 (District R-3), 80-80 (District R-4), 80-90 (District R-5), 80-213 (Conditional uses permitted for unlimited time), and Appendix A (KCIA General Planned Development District), Sections 2.4 (GP-4), and 2.5 (GP-5) and enacting in lieu thereof new sections of like numbers and subject matters to allow certain uses such as banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants as accessory uses within residential structures for the elderly. (254-S-237)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 80-70, District R-3 (low apartments, low density), 80-80, District R4 (low apartments), 80-90, District R-5 (high apartments), 80-213, Conditional uses permitted for unlimited time, and Appendix A, KCIA General Planned Development District, Sections 2.4, GP-4 (high density residential uses) and 2.5, GP-5 (medium density residential uses), and enacting in lieu thereof new sections of like numbers and subject matter, to read as follows:

 

Sec. 80-70. District R-3--Low density low apartments.

 

The purpose of district R-3 is primarily to accommodate nonelevator walk-up type apartment buildings located generally in peripheral relation to central areas of the city or in convenient relation to major thoroughfares, regional or local business centers. Transportation may be principally by private automobile although adequate utility services are required to support a concentrated but relatively low apartment density.

 

Districts heretofore designated as district R-3b prior to September 23, 1967, are hereby reclassified and designated as district R-4 on the official zoning maps. Districts heretofore designated as district R-3a prior to September 23, 1967, are hereby reclassified and designated as district R-3 on the official zoning maps.

 

(1) Use regulations. In district R-3 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, 80-230, 80-260, and 80-270.

 

a. Any use included in district R-2. The conditions for district R-1 governing the location of uses under subsection (3)b. of section 80-41 apply also to their location in district R-3.

 

b. Apartment houses, row houses and converted dwellings.

 

c. Accessory uses customarily incident to the above uses, located on the same lot therewith and not involving the conduct of a business or industry as follows:

 

1. A private garage or parking space permitted as an accessory use shall provide storage for not more than one motor vehicle for each 1,000 square feet of the lot area and shall be located as in district R-1.

 

2. Window or other displays or signs shall comply with the regulations for such accessory uses in district R-1, except that in this district an unilluminated sign, advertising lodging and/or board, shall be allowed, which sign shall not exceed 80 square inches in size.

 

3. Home occupations, as defined in section 80-20, shall be allowed in this district but in this district an unilluminated sign, attached to or within the building, not to exceed 80 square inches, carrying the name and occupation, may be allowed.

 

4. All other limitations governing accessory uses in district R-1 shall apply to district R-3.

 

d.                  In addition to the accessory uses identified in subsection (1)c. of this section, banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants shall be permitted accessory uses to an apartment, row house, or converted dwelling structure permitted under this section and used as independent living homes, assisted living homes or other retirement homes; provided, however, that such accessory uses must:

 

1.                  Be located within the structure.

 

ii.                   Aggregate no more than 2,500 square feet within the retirement home, with no single individual accessory use occupying more than 500 square feet within the retirement home.

 

iii.                  Serve only the occupants, residents, or employees of the retirement home or their guests.

 

iv.                 Have no exterior signage (interior signage shall be permitted) on or about the retirement home.

 

v.                   Entrance to the use shall be only from within the structure.

 

(2) Height, yard, and area regulations. In district R-3 the height of buildings, the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows (for exceptions see section 80-250):

 

a. Height. Buildings or structures shall not exceed three stories in height.

 

b. Front yards. The front yards in this district shall have a minimum depth of 25 percent of the depth of the lot but the depth of such front yard need not be more than 25 feet.

 

c. Side yards.

 

1. There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent of the width of the lot. Such side yard shall not be less than four feet and need not be more than eight feet.

 

2. On a corner lot, the side yard regulation 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 on the street side of the corner lot not less than one half of the front yard required in paragraph b.

 

d. 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 25 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.

 

e. Lot width. The minimum mean width of a lot shall be 50 feet, except that in case of a lot having a mean width of less than 50 feet and in separate ownership on or before January 1, 1954, this regulation will not prohibit the erection of a one-family dwelling. Duplexes and multiple dwellings hereafter erected require a minimum mean lot width of 50 feet.

 

f. Lot area.

 

1. In district R-3 no building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

(i) For one-family dwellings, 5,000 square feet.

 

(ii) For two or more family dwellings, converted dwellings, apartments or row houses, 3,000 square feet per family.

 

(3) Parking regulations. As provided for in section 80-444, Code of Ordinances.

 

Sec. 80-80. District R-4 (low apartment).

 

(a) Use regulations. In district R-4, 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-3 (section 65.070 of the Revised Ordinances of 1956). The specific conditions governing location of uses enumerated in section 80-41(3)b of R-1 uses do not apply.

 

(2) Apartment houses, row houses and converted dwellings.

 

(3) Boardinghouses and children's boarding homes. For the purpose of computing the number of boarders allowed, a minimum of 300 square feet of lot area shall be provided for each boarder.

 

(4) Day care centers.

 

(5) Group home facility, meaning a residential facility operated for the care of persons who are:

 

a. Handicapped due to a developmental disability, where the disability is attributable to mental retardation, cerebral palsy, epilepsy or other neurological conditions which are closely related to mental retardation, and who require treatment similar to mental retardation;

 

b. In need of rehabilitation, habilitation or resocialization when their mental illness is stabilized;

 

c. Children experiencing emotional problems who fall in the category of homeless or neglected; or

 

d. Physically handicapped.

 

For the purposes of computing the required lot area, if the facility is constructed as dwelling units, 1,500 square feet of lot area is required for each dwelling unit; and if the facility is constructed other than as dwelling units a minimum of 300 square feet of lot area shall be provided for each individual, and 1,500 square feet of each unit shall be reserved to individuals required to care for the group home residents. Additionally, if the facility is constructed as dwelling units, one parking space is required for each dwelling unit; and if the facility is constructed other than as dwelling units, one parking space shall be provided per four persons, plus one for each caretaker unit. The provision for group homes shall not apply to any facility deemed a halfway house for alcoholics, drug addicts, prisoners or juvenile delinquents, or any facility for individuals required to be confined due to their inability to function in society.

 

(6) Lodginghouses. For the purpose of computing the number of lodgers allowed, a minimum of 300 square feet of lot area shall be provided for each lodger.

 

(7) Convalescent homes, nursing homes or old folks' homes, other than for mental patients, alcoholics or persons having contagious diseases. For the purpose of computing the number of patients or guests allowed, a minimum of 300 square feet of lot area shall be provided for each patient or guest.

 

(8) Convents, private clubs or fraternal orders, including fraternity or sorority houses, except clubs, the chief activities of which are services customarily carried on as a business.

 

(9) Accessory uses customarily incident to the uses listed in this subsection (a) and located on the same lot therewith, except as otherwise provided in subsection (a)(9)c of this section, and not involving the conduct of a business or industry, as follows:

 

a. Any window or other display or sign shall comply with the regulations for such accessory uses in district R-1; except that in this district an unilluminated sign advertising lodging or board shall be allowed, which sign shall not exceed 80 square inches in size, and an unilluminated sign shall be permitted identifying the name only of an apartment building. Such sign shall be attached to and shall not project beyond the face of the building or marquee to which the sign is attached, and shall not exceed nine square feet in area.

 

b. Home occupations as defined in section 80-20 shall be allowed in this district, but in this district an unilluminated sign, attached to or within the building, not to exceed 80 square inches, carrying the name and occupation, may be allowed.

 

c. All other limitations governing accessory uses in district R-1 shall apply to district R-4, except that the board of zoning adjustment may permit an accessory use on a lot separated by an alley from the principal use to be served, provided the board finds that such accessory use will not adversely affect adjoining property and is constructed in accordance with a specific plan approved by the board.

 

(10)           In addition to the accessory uses identified in subsection (a)(9) of this section, banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants shall be permitted accessory uses to 1) apartment, row house, or converted dwelling, or other multi-family residential structures permitted under this section and used as independent living homes, assisted living homes or other retirement homes or 2) convalescent homes, nursing homes, or old folks homes; provided, however, that such accessory uses must:

 

a. Be located within the structure.

 

b.                  Aggregate no more than 2,500 square feet within the retirement home, convalescent home, nursing home, or old folks home, with no single individual accessory use occupying more than 500 square feet within the retirement home, convalescent home, nursing home, or old folks home.

 

c.                   Serve only the occupants, residents, or employees of the retirement home, convalescent home, nursing home, or old folks home, or their guests.

 

d.                  Have no exterior signage (interior signage shall be permitted) on or about the retirement home, convalescent home, nursing home, or old folks home.

 

e.                   Entrance to the use shall be only from within the structure.

 

(b) Height, yard and area regulations. In district R-4, the height of buildings or structures, the minimum dimension of yards, and the minimum lot area per family permitted on any lot shall be as follows (for exceptions see section 80-250):

 

(1) Height. Buildings or structures shall not exceed three stories and shall not exceed 45 feet in height.

 

(2) Front yards. The front yards in this district shall have a minimum depth of 15 percent of the depth of the lot, but the depth of such front yard need not be more than 20 feet.

 

(3) Side yards.

 

a. There shall be a side yard on each side of every principal building with a minimum width of not less than ten percent of the width of the lot. Such side yard shall not be less than four feet and need not be more than eight feet. For a structure over 35 feet in height, any side yard shall not be less than six feet.

 

b. Side yards for accessory buildings or structures shall be in accordance with section 89-43 as provided for district R-1.

 

c. 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 on the corner lot not less than one-half of the front yard required in subsection (b)(2) of this section.

 

(4) Rear yards.

 

a. 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 25 feet.

 

b. 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.

 

(5) Lot width.

 

a. The minimum mean width of a lot shall be 50 feet, except that, where a lot has a mean width of less than 50 feet and is in separate ownership on or before January 1, 1954, this subsection will not prohibit the erection of a one-family dwelling.

 

b. Duplexes and multiple dwellings hereafter erected require a minimum mean lot width of 50 feet.

 

(6) Lot area. No building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

a. For one-family dwellings, 5,000 square feet.

 

b. For two-family dwellings, including conversions, 3,000 square feet per family.

 

c. For over two families in converted dwellings, but not including apartments or row houses, 3,000 square feet per family for the first two families and 1,500 square feet per each family over two families.

 

d. For apartments and row houses having three or more dwellings, 1,500 square feet per family.

 

(c) Parking regulations. Parking regulations shall be as provided for in section 80-444.

 

Sec. 80-90. District R-5 (high apartment).

 

(a) Purpose. District R-5 is a transitional district but predominantly residential in character. It is designed to provide high density apartment construction as well as certain institutional uses compatible with high density residential development. Other uses permitted are noncommercial in nature and serve to buffer residential and commercial developments.

 

(b) Use regulations. In district R-5, 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 this chapter:

(1) Any use permitted in district R-4.

 

(2) Apartment hotels and hotels.

 

(3) Clinics for people only, and offices of surgeons, physicians, including osteopaths and chiropractors, or dentists, under the following conditions:

 

a. The clinic or office adjoins or abuts a business or industrial district within the same block;

 

b. The clinic or office borders or fronts on a major thoroughfare; and

 

c. Off-street parking is provided on the premises as required for medical office buildings in section 80-444, plus an additional 25 percent of that requirement.

 

(4) Convalescent homes, including congregate care facilities, nursing or old folks' homes, other than for mental patients, alcoholics or persons having contagious diseases.

 

(5) Eleemosynary uses or institutions, other than those specifically enumerated in this chapter, under the following conditions:

 

a. The use is located on property which has at least 100 percent greater lot area than the average of both:

 

1. All the lots in the block in which it is located; and

 

2. All lots on the street on which the property fronts across the street from the block; and

 

b. In case of a corner lot, the property has 100 percent greater lot area than the average of the lots on the other three corners of the intersection; or

 

c. The lot area of the property is 100 percent greater than that required in the district, whichever is greater; provided that a plan meeting all the requirements of section 80-271 is submitted to and approved by the city council.

 

(6) Funeral homes or mortuaries, subject to the following conditions:

 

a. The property shall consist of not less than five acres of land in a single tract or parcel not intersected or divided by any street, alley or property belonging to any other owners; provided that this five-acre requirement shall not apply if the funeral home is located within a cemetery which consists of at least 50 acres of land;

 

b. The property shall have at least a 500-foot frontage on a major thoroughfare;

 

c. The entrance and exit shall be directly to and from a major thoroughfare or parkway;

 

d. Parking space shall be provided as set forth for funeral homes under section 80-444;

 

e. Definite and detailed plans for shrubbery and landscaping shall be presented and made part of the permit. Such landscaping shall provide for boundary screen planting of a minimum width of 20 feet and a height adequate to provide a protective screen for adjoining residential uses; provided that for any funeral home which is located within a cemetery consisting of at least 50 acres of land no screening shall be required from the cemetery property; and

 

f. No principal building or accessory building shall be within 100 feet of the boundary of an adjoining property which is located in an R-1 to C-1 district, inclusive. No driveway or parking area shall be within 25 feet of the boundary of an adjoining property which is located in an R-1 to R-5 district, inclusive. Provided that for any funeral home which is located within a cemetery consisting of at least 50 acres of land no setbacks shall be required from the cemetery property except that no principal or accessory building shall be within 100 feet of any public right-of-way.

 

(7) Hospitals, sanitariums and institutions or special medical facilities for the care and treatment of mental disability and illness, when located on land at least three acres in size; provided that, in the case of such use fronting on a major thoroughfare, the three-acre requirement may be waived if not warranted to adequately accommodate its functional operation and to ensure proper relation to the function of adjoining uses; and further provided that a plan meeting all requirements of section 80-271 is submitted to and approved by the city council. Any signs necessary for the proper identification of the facilities within such hospital, sanitarium, institution or special medical facilities may be permitted subject to approval of the board of zoning adjustment. Such signs shall be on-premises signs and limited to proper identification of the facilities.

 

(8) Medical research facilities under the following conditions:

 

a. After public notice and hearing and approval by the board of zoning adjustment, such buildings may be constructed provided that:

 

1. The occupancy has only limited contact with the general public.

 

2. No merchandise is handled or merchandising services are rendered on the premises.

 

3. Off-street parking required for office buildings in section 80-444, plus an additional 100 percent of that requirement, is provided on the premises. No parking shall be permitted within ten feet of any side or rear line, and no parking shall be permitted in the front yard required in the R-5 district. Where the property abuts or adjoins a business or industrial district, off-street parking required in section 90-444, plus an additional 25 percent of that required, shall be provided on the premises.

 

4. Specific plans are presented to the board of zoning adjustment, and its approval shall be based upon these plans.

 

5. The proposed use will not affect adversely the present character or future development of the surrounding residential community.

 

6. If the proposed use is to be in a building now constructed, there shall be no exterior alterations of the building, except those approved by the board. The yard shall be suitably landscaped in accordance with the plans presented to the board and shall be well maintained.

 

7. If a new building is to be constructed, the side yard requirements for this district shall be increased by 100 percent, except on the street side of a corner lot; and the rear yard requirements for this district shall be increased 50 percent. The property shall be suitably landscaped and well maintained.

 

8. Any signs necessary for the proper identification of the facilities within such medical research facility may be permitted subject to approval of the board of zoning adjustment. Such signs shall be on-premises signs and limited to proper identification of the facilities.

 

b. Without board of zoning adjustment approval, such buildings may be constructed when the property abuts or adjoins a C-4 or industrial district within the same block, and lies wholly within 300 feet of the boundary between the R-5 district and C-4 or industrial district. The parking and yard requirements shall be as specified in subsection (b)(8)a. and (c) of this section, as applicable. Variances of yard, setback and parking requirements may be granted after hearing by the board of zoning adjustment in compliance with section 80-300, Code of Ordinances. Additionally, signs necessary for the proper identification of the facilities within such medical research facility may be permitted subject to approval of the board of zoning adjustment. Such signs shall be on-premises signs and limited to proper identification of the facilities.

 

c. Without board of zoning adjustment approval, on property bordered on three sides by streets, a medical research facility for multiple occupancy may be constructed. The parking requirements shall be as specified in section 80-444. The yard requirements shall comply with subsection (c) of this section, provided that where the use is proposed in an existing building and parking lot, the building and parking lot setback requirements need not be met. Variances of yard, setback and parking requirements may be granted after hearing by the board of zoning adjustment in compliance with section 80-300, Code of Ordinances. Additionally, signs necessary for the proper identification of the facilities within such medical research facility may be permitted subject to approval of the board of zoning adjustment. Such signs shall be on-premises signs and limited to proper identification of the facilities.

 

(9) Office buildings used exclusively for the administrative functions of business firms, professional groups or societies or any combination of such organizations, under the following conditions:

 

a. After public notice and hearing and approval by the board of zoning adjustment, such buildings may be constructed provided that:

 

1. The occupancy has only limited contact with the general public.

 

2. No merchandise is handled or merchandising services are rendered on the premises.

 

3. The density of occupancy does not exceed one person for each 90 square feet of lot area.

 

4. Off-street parking required for office buildings in section 80-444, plus an additional 100 percent of that requirement, is provided on the premises. No parking shall be permitted within ten feet of any side or rear line, and no parking shall be permitted in the front yard required in the R-5 district. Where the property abuts or adjoins a business or industrial district, off-street parking required in section 80-444, plus an additional 25 percent of that required, shall be provided on the premises.

 

5. Specific plans are presented to the board of zoning adjustment, and its approval shall be based upon these plans.

 

6. The proposed use will not affect adversely the present character or future development of the surrounding residential community.

 

7. If the proposed use is to be in a building now constructed, there shall be no exterior alterations of the building, except those approved by the board. The yard shall be suitably landscaped in accordance with the plans presented to the board and shall be well maintained.

 

8. If a new building is to be constructed, the side yard requirements for this district shall be increased by 100 percent, except on the street side of a corner lot; and the rear yard requirements for this district shall be increased 50 percent. The property shall be suitably landscaped and well maintained.

 

b. Without board of zoning adjustment approval, such buildings may be constructed when the property abuts or adjoins a C-4 or industrial district within the same block, and lies wholly within 300 feet of the boundary between the R-5 district and C-4 or industrial district. The parking and yard requirements shall be as specified in subsection (b)(8)a.8 of this section, as applicable. The number of employees permitted in the office building shall be one person for each 70 square feet of lot area, and the entire lot area included in the same ownership shall be used in this density determination.

 

c. Without board of zoning adjustment approval, on property bordered on three sides by streets, and where the building will face on a major thoroughfare, not including a parkway or boulevard, an office building for multiple occupancy may be constructed. The parking requirements shall be as specified in subsection (b)(8)a.8 of this section, as applicable. The yard requirements shall comply with subsection (c) of this section. The density of occupancy shall not exceed one person for each 90 square feet of the area of the lot.

 

(10) Television and radio broadcasting studios, production studios, administrative offices and microwave relay facilities, provided:

 

a. Any tower or transmission structure accessory thereto shall not exceed ten feet in height.

 

b. Such studios shall not provide more than 25 permanent seats for studio audiences.

 

(11) Mixed-use/office-residential, where the office use is used exclusively for the administrative functions of business firms, professional groups or societies, including medical offices (but excluding medical research facilities) or any combination of such organizations, provided that such development is within a limited district, pursuant to section 80-271, or within a planned district, pursuant to section 80-272 et seq., under the following conditions without exception:

 

a. The ratio of office floor area to residential floor area shall not be less than 30 percent to 70 percent, and not more than 70 percent to 30 percent.

 

b. The administrative office occupancy shall have only limited contact with the general public.

 

c. No merchandise shall be handled or merchandising services rendered on the premises.

 

d. In determining the number of units and the office floor area allowed, there shall be an initial determination of the number of dwelling units to be allowed based upon the area requirements as set forth in subsection (c)(6) of this section. The lot area required for the number of dwelling units shall be deducted from the total lot area. Based on such reduced lot area, the floor area devoted to office space shall not exceed 50 percent of the net lot area.

 

e. Off-street parking shall be as required for both office/medical office buildings and residential uses in section 80-444, plus an additional 100 percent of the office/medical office requirement on the premises. No parking shall be permitted within ten feet of any required side or required rear line and no parking shall be permitted in the front yard required in the R-5 district. Loading requirements of section 80-445 shall apply to the office/medical office portion only.

 

f. The proposed mixed use shall not affect adversely the present character or future development of the surrounding residential community.

 

(12) Accessory uses as in district R-4; and, in addition, the following are permitted:

 

a. A public dining room or restaurant located within an apartment hotel or hotel, and operated or supervised by the apartment or hotel management, shall be permitted, provided that the public entrance to such dining room or restaurant is from within the building, and further provided that no window or other display or sign is used to advertise such use, except that a sign not to exceed 120 square inches shall be allowed, to designate the use thereof.

 

b. Such facilities as are required for the operation of a hotel, an apartment hotel or apartment house, or primarily for the use or entertainment of guests or tenants of the hotel, apartment hotel or apartment house, shall be permitted, when operated or supervised by the apartment or hotel management, and when located and conducted within the building, and when entered only from within the building, provided no display or sign is used to advertise such use.

 

c. A helipad shall be permitted, provided a plan is submitted for review and recommendation by the city plan commission and approved by the city council. The plan shall include sufficient information for the commission to:

 

1. Determine if any adverse effect is minimized on adjoining property by indicating all structures which abut, adjoin or are part of the facility, public rights-of-way and private drives;

 

2. Ensure an adequate and safe landing area with controlled or restricted access, by indicating its size, location and screening;

 

3. Ensure adequate surfacing of the landing area to avoid the blowing of dust and dirt; and

 

4. Review approach and departure paths to ensure safe and adequate operation.

 

The plan shall be supplemented by a favorable report by the local district office of the Federal Aviation Administration. For the purposes of this subsection, a helipad is defined as an area of land or structural surface designed to accommodate one landing space for helicopters, for the purpose of boarding or discharging passengers or cargo. No other facilities are permitted.

 

d. Banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants shall be permitted accessory uses to 1) mixed-use/office residential or other multi-family residential structures permitted under this section and used as independent living homes, assisted living homes or other retirement homes or 2) convalescent homes, including congregate care facilities, nursing homes, or old folks homes as permitted under this section; provided, however, that such accessory uses must:

 

i.                     Be located within the structure.

 

ii.                   Aggregate no more than 2,500 square feet within the retirement home, convalescent home, nursing home, or old folks home, with no single individual accessory use occupying more than 500 square feet within the retirement home, convalescent home, nursing home, or old folks home.

 

3. Serve only the occupants, residents, or employees of the retirement home, convalescent home, nursing home, or old folks home or their guests.

 

4. Have no exterior signage (interior signage shall be permitted) on or about the retirement home, convalescent home, nursing home, or old folks home.

 

5. Entrance to the use shall be only from within the structure.

 

e. One sign only shall be permitted, subject to review and approval by the board of zoning adjustment. Such sign may be either a freestanding or wall sign. The sign shall contain only the name of the building or principal business or occupant on the premises. The following sizes may be permitted:

 

1. Freestanding signs:

 

i. Freestanding signs shall not exceeds a maximum square footage determined by the formula of:

 

10 (distance of sign from street) 2

( right-of-way + 30 )

(______________________)

( 50 )

 

Freestanding signs need be no less than ten square feet and shall be not greater than 40 square feet in area.

 

ii. The height of freestanding signs in feet, measured at the final grade, shall be determined by the formula of:

 

Distance of sign from street right-of-way + 30/10

 

Freestanding signs need not be less than five feet in height and shall be no more than ten feet in height.

 

2. Wall signs:

 

i. Wall signs shall be limited in size of square footage determined by the formula of:

 

( d + 30 ) 2

( 50 ) x A

 

Where:

 

d = Distance of wall from street right-of- way

A = Area of the building facade

 

The area of a wall sign shall not exceed four percent of the area of the building facade, and is not to exceed 20 feet of the height of the building. The formula for the area of freestanding signs may be used in lieu of the formula in this subsection.

 

ii. Wall signs need be no less than ten feet and shall be no greater than 40 feet in area. Wall signs shall not project over the roofline.

 

3. No sign in the R-5 district shall be illuminated unless the board of zoning adjustment determines that illumination is necessary in the public interest upon a demonstration of good cause by the applicant.

 

4. The board of zoning adjustment shall use the following criteria to determine whether the sign shall be permitted: Such sign is necessary for identification; without such sign, the requested site identification would be difficult or impossible; such sign is compatible in design and scale with the building and the surrounding neighborhood; and such sign does not obstruct vehicular or pedestrian visibility.

 

(c) Height, yard and area regulations. In district R-5, the height of buildings or structures, the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows (for exceptions see section 80-250):

 

(1) Height. Buildings or structures shall not exceed 12 stories and shall not exceed 164 feet in height at the highest point of the building or structure.

 

(2) Front yards. The front yards in this district shall have a minimum depth of 15 percent of the depth of the lot, but the depth of such lot yard need not be more than 20 feet.

 

(3) Side yards.

 

a. There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent of the width of the lot. Such side yard shall not be less than four feet and need not be more than eight feet, except that the minimum side yard for structures 35 feet in height shall be six feet and that for each story above 35 feet, or three stories, one foot shall be added to this required yard.

 

b. On a corner lot, the side yard regulation 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 on the street side of the corner lot not less than one-half of the front yard required in subsection (c)(2) of this section.

 

(4) Rear yards.

 

a. 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 25 feet.

 

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

 

(5) Lot width.

 

a. The minimum mean width of a lot shall be 50 percent; except that, where a lot has a mean width of less than 50 feet and is in separate ownership on or before January 1, 1954, this subsection will not prohibit the erection of a one-family dwelling.

 

b. Duplexes and multiple dwellings, hereafter erected, require a minimum lot width of 50 feet.

 

(6) Lot area. No building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area:

 

a. For single-family dwellings, 4,000 square feet per dwelling.

 

b. For two-family dwellings, 2,000 square feet per dwelling unit.

 

c. For dwellings with more than three dwelling units, other than row houses, hotels, apartment houses and apartment hotels, and for conversions, 5,000 square feet for three dwelling units plus 1,000 square feet additional for each dwelling unit over three.

 

d. For row houses, 1,000 square feet per dwelling unit.

 

e.                   For apartment houses, apartment hotels and hotels, 350 square feet per dwelling unit or room.

 

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

 

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.

 

7.                  Such convalescent homes, nursing homes, or old folks homes may include as accessory uses banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants; provided, however, that such accessory uses must:

 

i.                     Be located within the convalescent home, nursing home, or old folks home.

 

ii.                   Aggregate no more than 2,500 square feet within the convalescent home, nursing home, or old folks home, with no single individual accessory use occupying more than 500 square feet within the convalescent home, nursing home, or old folks home.

 

iii.                  Serve only the occupants, residents, or employees of the convalescent home, nursing home, or old folks home, or their guests.

 

iv.                 Have no exterior signage (interior signage shall be permitted) on or about the retirement home, convalescent home, nursing home, or old folks home.

 

v.                   Entrance to the use shall be only from within the structure.

 

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) Pet resorts, pet motels 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.

 

(13) Private Parks in all districts, subject to the following conditions and restrictions:

 

a. Plans for lighting and landscaping shall be presented to the board and made a part of the permit.

 

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

 

c. 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.

 

d. In Districts R-1 and R-2 private parks are subject to the following additional conditions and restrictions:

 

1. Uses shall be limited to picnic shelters (not to exceed 400 square feet), trails, playing fields (without stands, lighting, scoreboards or dugouts) and playgrounds.

 

2. The private park shall not exceed 1 acre in size.

 

3. Parking lots are not permitted.

 

(14) 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.

 

(15) 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:

 

1. 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.

 

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

 

3. 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).

 

4. 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.

 

5. 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.

 

6. 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.

 

7. Landscape planting plan of the area.

 

8. 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.

 

(16) 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.

 

(17) 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.

 

Sec. 2.4. GP-4 High Density Residential Uses.

 

I. Purpose. The GP-4 zone is primarily for apartment buildings located in relation to outlying major thoroughfares or in peripheral relationship to outlying regional or local business districts.

 

II. Permitted uses. The following uses shall be permitted:

 

A. Principal uses.

 

1. Apartments or other multifamily residences having three or more dwelling units.

 

2. Hospitals (minimum lot area - ten acres).

 

3. Junior or senior high schools and schools of higher learning, public or private (minimum lot area - ten acres; minimum yard depth or width - 50 feet).

 

4. Elementary schools, public or private (minimum lot area - five acres; minimum yard depth or width - 50 feet).

 

5. Churches (minimum lot area - three acres; minimum yard depth or width - 30 feet).

 

6. Nursing homes.

 

7. Golf courses, not including miniature golf courses or golf driving ranges, if a part of an overall development plan for residential development.

 

8. Day care centers.

 

B. Accessory uses customarily incident to the above uses including the following:

 

1. Golf course clubhouses and driving ranges which are accessory to golf courses.

 

2. Banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants which are accessory to (1) apartments or multi-family residential structures used as independent living homes, assisted living homes or other retirement homes or (2) nursing homes; provided, however, that such accessory uses must:

 

                                                                     i.                        Be located within the structure.

 

                                                                   ii.                        Aggregate no more than 2,500 square feet within the retirement or nursing home, with no single individual accessory use occupying more than 500 square feet within the structure.

 

                                                                  iii.                        Serve only the occupants, residents, or employees of the retirement or nursing home or their guests.

 

                                                                 iv.                        Have no exterior signage (interior signage shall be permitted) on or about the retirement or nursing home.

 

                                                                   v.                        Entrance to the use shall be only from within the structure.

 

III. Building height, coverage, lot area, lot width, and yard regulations.

 

A. Building height. None, except as prescribed within any airport runway approach zone (see Section 1.6).

 

B. Coverage and minimum open space. No building or buildings on any lot shall occupy more than 30 percent of the lot area. Not less than 40 percent of the lot area shall be in open landscaped yard space, unobstructed by vehicular driveways or parking areas.

 

C. Minimum lot area.

 

1. For three or more bedroom apartments - 4,300 square feet per unit;

 

2. For two bedroom apartments - 3,300 square feet per unit;

 

3. For one bedroom apartments - 2,200 square feet per unit;

 

4. For efficiency apartments and transient hotel rooms - 1,600 square feet per unit.

 

5. For nursing homes, 715 square feet per bed if dormitory design; otherwise, one-half ( 1/2) the lot area requirements as stated above.

 

D. Minimum lot width. Eighty feet.

 

E. Yards. No building shall be located nearer than 20 feet from any property line or less than a distance equal to 50 percent of its height, whichever is greater. Where any property line is a street property line, the yard related to the building height may be measured from the centerline of the street.

 

IV. Parking and loading requirements. In the GP-4 zone, no on-street parking shall be permitted. Off-street parking shall be provided in amounts not less than three parking spaces for each two apartments and otherwise all parking shall conform to the requirements of section 80-444 and section 80-445, Code of Ordinances (the Zoning Ordinance).

 

Sec. 2.5. GP-5 Medium Density Residential Uses.

 

I. Purpose. The GP-5 zone is intended for all types of residential uses.

 

II. Permitted uses. The following uses shall be permitted:

 

A. Principal uses.

 

1. One-family dwellings.

 

2. Two-family dwellings.

 

3. Apartments or other multifamily residences having three or more dwelling units.

 

4. Junior or senior high school and schools of higher learning, public or private (minimum lot area - ten acres; minimum yard depth or width - 50 feet).

 

5. Elementary schools, public or private (minimum lot area - five acres; minimum yard depth or width - 50 feet).

 

6. Churches (minimum lot area - three acres; minimum yard depth or width - 30 feet).

 

7. Golf courses, not including miniature golf courses or golf driving ranges, if a part of an overall development plan for residential development.

 

8. Halfway houses for the rehabilitation of drug addicts, alcoholics and prisoners or juvenile delinquents who are considered to be substance abusers or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility may be allowed as a special use permit by the city council, after public hearing and recommendation of the city plan commission, subject to the following conditions:

 

a. One parking space per every four residents, plus one per every employee, is required.

 

b. Paving and screening of the parking area shall be as required by section 80-444.

 

c. There shall be required 700 square feet of lot area per resident.

 

d. There shall be no exterior evidence of such use and no sign advertising such use.

 

e. There shall be 250 square feet of floor area per resident and resident staff.

 

f. At the time of original approval, no halfway house shall be located within 1,500 feet of another halfway house nor shall be located within 1,500 feet of a group home, a convalescent center, a children's nursery or boarding home, a group day care home or a day care center located in any residential district (R-1, R-2, R-3, R-4, R-4-O, R-5, R-6, GP-6, GP-5 or GP-4); provided, however, that the city council shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

 

g. The facility shall maintain the residential character of the structure.

 

h. The applicant shall demonstrate that there shall be no negative impact on property within 500 feet of the proposed facility and that the character of the neighborhood shall be maintained.

 

i. Any halfway houses which are approved as a special use permit shall comply with the height, yard, and area regulations of the zoning district in which the facility is authorized, except as otherwise provided in these subsections.

 

j. The permit shall be limited to a two-year period but may be renewed by the city council after a public hearing; provided, however, at the time of renewal, the applicant shall demonstrate that the facility has not had a negative impact on properties within 500 feet, that the character of the neighborhood has not been impaired, and that the facility has complied with the provisions of chapter 56, the property maintenance code. The city council may impose such conditions as to operation, site development, 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 subsection.

 

B. Accessory uses customarily incident to the above uses including the following:

 

1. Golf course clubhouses and driving ranges which are accessory to golf courses.

 

2. Banks, savings and loans, retail sales (not to include a pharmacy), beauty shops, barbershops, and restaurants which are accessory to (1) apartments or multi-family residential structures used as independent living homes, assisted living homes or other retirement homes or (2) nursing homes; provided, however, that such accessory uses must

 

i.                     Be located within the structure.

 

ii.                   Aggregate no more than 2,500 square feet within the retirement or nursing home with no single individual accessory use occupying more than 500 square feet within the home.

 

iii.                  Serve only the occupants, residents, or employees of the retirement or nursing home or their guests.

 

iv.                 Have no exterior signage (interior signage shall be permitted) on or about the retirement or nursing home.

 

v.                   Entrance to the use shall be only from within the structure.

 

3. Signs. Same as GP-4; however, no sign upon the premises of a one- or two-family dwelling shall exceed one square foot in area.

 

III. Building height, coverage, lot area, lot width, and yards regulations.

 

A. Building height. Three stories (see section 1.6).

 

B. Coverage and minimum open space. No building or buildings on any lot shall occupy more than 30 percent of the lot area. Not less than 40 percent of the lot area shall be in open landscaped yard space, unobstructed by vehicular driveways or parking areas.

 

C. Minimum lot area.

 

1. For one-family dwellings - 6,200 square feet;

 

2. For two-family dwellings - 8,600 square feet;

 

3. For more than two-family dwellings - same as GP-4;

 

D. Minimum lot width.

 

1. For one-family dwellings - 50 feet;

 

2. For two-family dwellings - 60 feet;

 

3. For more than two-family dwellings or other permitted nonresidential uses - 80 feet.

 

E. Yards. Same as GP-4 except:

 

1. One- and two-family dwellings may, as an alternative, provide a side yard of not less than ten percent of the width of the lot. Such side yard shall not be less than eight feet; provided such use is at least 30 feet from any interior rear property line.

 

2. One- and two-family dwellings may, as an alternative, provide a rear yard of not less than 20 feet for decks and balconies which are 500 square feet in area or less.

 

IV. Parking and loading regulations. In the GP-5 zone, one off-street parking space shall be provided for each dwelling unit in a one- or two-family dwelling structure and for dwelling structures having more than two dwelling units, three parking spaces shall be provided for each two dwelling units. All parking for other permitted uses shall conform to the requirements set forth in section 80-444 and section 80-445, Code of Ordinances (the Zoning Ordinance).

 

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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney