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Legislation #: 061292 Introduction Date: 11/16/2006
Type: Ordinance Effective Date: 6/24/2007
Sponsor: None
Title: Amending Chapters 18 and 80, Code of Ordinances by repealing Sections Sec. 18-16. Permit required; exceptions, and repealing various sections in Chapter 80, and enacting in lieu thereof new sections to amend, simplify and clarify the provisions allowing noncommercial signs and amend the provisions regarding residential signs, and amending the definitions relating to signs and residential uses.

Legislation History
DateMinutesDescription
11/16/2006 Filed by the Clerk's office
11/16/2006 Referred to Planning and Zoning Committee
11/29/2006 Hold On Agenda (1/3/2007)
1/3/2007 Hold On Agenda (1/17/2007)
1/17/2007 Hold On Agenda (1/31/2007)
1/31/2007 Hold On Agenda (3/28/2007)
3/28/2007 Hold On Agenda (4/4/2007)
4/4/2007 Hold On Agenda (4/11/2007)
4/11/2007 Hold On Agenda (4/25/2007)
4/25/2007 Hold On Agenda (5/9/2007)
5/9/2007 Hold On Agenda (5/16/2007)
5/16/2007 Hold On Agenda (5/30/2007)
5/17/2007 Referred to Planning And Zoning Committee
5/30/2007 Hold On Agenda (6/6/2007)
6/6/2007 Do Pass as a Third Committee Substitute
6/7/2007 Assigned Third Read Calendar as Substituted
6/14/2007 Passed As Third Substitute

View Attachments
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061292.pdf Authenticated 4910K Authenticated
C000254S245_Fact Sheet.doc Fact Sheet 50K Fact Sheet
C000254S245_StaffReport_01-16-07.doc Staff Report 52K Staff Report

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THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 061292

 

Amending Chapters 18 and 80, Code of Ordinances by repealing Sections Sec. 18-16. Permit required; exceptions, and repealing various sections in Chapter 80, and enacting in lieu thereof new sections to amend, simplify and clarify the provisions allowing noncommercial signs and amend the provisions regarding residential signs, and amending the definitions relating to signs and residential uses.

 

WHEREAS, the City wishes to implement and support the implementation of multiple provisions of the city=s adopted comprehensive plan, Focus Kansas City, including but not limited to these:

 

In the Urban Core Plan, two of the eight Aaspirations@ are to ACreate Great Streets and Revitalize Boulevards@ and to ACreate and Maintain America=s Cleanest City.@ Among the implementing policy recommendations for those aspirations are:

 

- Reduce visual clutter along streets such as billboards, utility poles, overhead wires, etc (FOCUS Overview, Building Block of Quality Places to Live and Work, p. 126)

 

- Create a program to control private signage In order to maintain the beauty of the city=s built environment, the City will develop ordinances and enforcement programs to limit the ability of property owners to erect signs and billboards that create visual clutter. (App. F, Clean Cities Initiative, p. 156);

 

Under the Building Block of Neighborhood Livability, the ANeighborhood Prototypes Plan@ identifies appropriate signage as one of the important means of creating Aneighborhood identity@ (Kansas City Neighborhoods, p. 25);

 

WHEREAS, the City wishes to improve upon the city=s program of regulating signs and billboards that dates at least to 1905 by bringing that program into conformance with FOCUS Kansas City; and

 

WHEREAS, in adopting this ordinance in fulfillment of those purposes, it is the intent of the City Council to achieve balance among the following differing, and at times, competing objectives:

 

to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in Kansas City;

 

to protect the safety and welfare of the public by minimizing the hazards to pedestrian and vehicular traffic;

 

                       to differentiate among those signs that, because of their location, may distract drivers on public streets and those that may provide information to them while they remain in their cars but out of active traffic;

 

to minimize the possible adverse effects of signs on nearby public and private property;

 

to prohibit most signs with commercial messages in residential zoning districts, while allowing those commercial messages that relate to commercial activities lawfully conducted on individual properties within such districts;

 

to recognize that it is both necessary and appropriate to allow additional accessory signs for those limited institutional uses, such as religious and educational institutions, that are allowed in all residential districts;

 

to allow limited additional accessory signs for those few commercial uses that are allowed in certain mixed-use districts that remain primarily residential in character;

 

to recognize that the temporary activities of the sale or rental of dwelling units and the sale of lots and homes in approved subdivisions and other land developments are essential to the continued vitality of the city and its many neighborhoods; and further to recognize, as did the U.S. Supreme Court in Linmark Associates, Inc., v. Township of Willingboro, 431 U.S. 85, 97 S. Ct. 1614, 52 L. Ed. 2d 155 (1977), that the success of such activities depends on allowing for such uses temporary signage that would not otherwise be allowed in residential areas;

 

to provide broadly for the expression of individual opinions through the use of signs on private property by allowing expressions of opinion or other noncommercial messages on any lawful sign at any time, and by allowing for additional signs to be used only for such messages in residential areas;

 

to recognize that, historically, the time at which most people are interested in expressing the most opinions is before an election, and thus to allow even more signs for the expression of opinion during that brief period each year; NOW, THEREFORE,

 

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 80-20, 80-42, 80-50, 80-70, 80-80, 80-90, 80-211, 80-212, 80-213, Appendix A, Sections 2.5 and 4.1, Appendix B, Section 2.7, and enacting in lieu thereof new sections, and enacting a new Sections 80-32, 80-33 and 80-34, to read as follows:

 

Sec. 80-20. Definitions.

 

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Accessory use or building means a use or building customarily incident and subordinate to the then actual use or building and located on the same lot with the actual principal use or building.

 

Adult business is an inclusive term used to describe collectively: adult cabaret; adult motion picture theatre; adult media store; bathhouse; massage shop; modeling studio; and/or sex shop. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of Section 80-230 or other provisions of the zoning code or other applicable ordinances.

 

Adult cabaret means an adult live entertainment facility, or that part of an adult live entertainment facility, which regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

 

Adult media means magazines, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

 

Adult media store means an establishment that rents and/or sells adult media and that meets any of the following tests:

 

(a) More than forty percent (40%) of the gross public floor area is devoted to adult media; or

 

(b) More than forty percent (40%) of the stock in trade consists of adult media; or

 

(c) A media store which advertises or holds itself out in any forum as XXX, adult, sex or otherwise as an adult business.

 

Adult motion picture theater means a building or portion of a building (including any portion of a building which contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

 

Alley means a public way which affords only secondary access to abutting property.

 

Amusement park, children's means a group of not more than 12 amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three acres, which area shall include provisions for off-street parking.

 

Apartment hotel means an apartment house which furnishes services for the use of its tenants which are not primarily available to the public.

 

Apartment house means a building arranged, intended or designed at the time of original construction to be occupied by three or more families.

 

Attached accessory building means a building which has at least 25 percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

Auto wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

Awning means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

 

Balcony means an exterior floor projecting from and supported by a building without additional independent supports. Such balcony shall be attached to a building but shall not be enclosed or provide for a roof.

 

Banks, savings and loan associations, or other financial institutions. Banks means an establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. Savings and loan associations means an establishment that is engaged in the business as a savings and loan association and is federally chartered or state chartered. Other financial institutions means a credit union which is engaged in the business as a credit union and is state chartered or a mortgage company which is an establishment engaged in the business of providing loans as a principal part of its operation which are secured by an interest in real property as collateral for the loan.

 

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the state.

 

Block means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The director of codes administration shall decide any question regarding the limits or extent of a block.

 

Board means the board of zoning adjustment.

 

Boarder means any person who, in exchange for valuable consideration, receives the use of a sleeping room and meals.

 

Boardinghouse means a building other than a hotel, where room and meals are provided as part of a prearranged agreement.

 

Book store is defined as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, book store means a retail store offering for sale or rent books, magazines or other printed material for consumption or enjoyment off the premises, provided that any store in which material falling within the definition of adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for book stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

 

Building coverage means the percentage of the lot area covered by the building area.

 

Building line means a line parallel to the front street line, between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

Canopy means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached and at the outer end by not less than one stanchion. A canopy is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

 

Carriage House means an accessory building constructed prior to March 1, 2005, containing a private garage and one dwelling unit located on property designated as a historic landmark or located in a historic district as defined in Section 2-913 of the Kansas City Code of Ordinances.

 

Chapter means the zoning ordinance, chapter 80, Code of Ordinances of the City of Kansas City, Missouri.

 

Check-cashing establishment means a business engaged in cashing checks for members of the general public as a principal purpose of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter.

 

Collector street means a street which carries traffic from minor streets to the major system of arterial streets and highways and includes the principal entrance streets to residential developments.

 

Commercial message means a message which directs attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity.

 

Community unit project means a residential building project of unlimited number of buildings on any size tract of land.

 

Converted dwelling means any residential building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for three or more families.

 

Curb level means the mean level of the curb in front of the lot, or, in case of a corner lot, along the abutting street where the mean curb is the highest.

 

Day care facility means an establishment or business, licensed or registered with any applicable regulatory agency, which provides supervision or facilities for preschool children or provides before or after or summer care for school-age children.

 

Day labor establishment means any enterprise, other than a labor union or a not-for-profit organization, engaged in procuring or providing persons to perform temporary unskilled work at a site other than the day labor business premises in which (1) the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day following the work day, and (2) persons arrive and wait at the day labor businesses premises to make application for work as a day laborer, to wait for assignment for day labor, to wait for transportation to a day labor site or to wait for payment of wages or benefits for day labor. For purposes of this definition, unskilled work means work involving physical tasks for which the (1) the worker is not required by law to hold a professional or occupational license, or (2) employer or contractor controlling the site of the work does not require the worker to have (a) a high school diploma or its equivalent, or (b) education beyond high school, or (c) relevant vocational education or (d) demonstrated proficiency with a specified type of machinery to be used in the work, but does not include white collar, secretarial, clerical or professional employment.

 

Deck means an exterior floor system elevated more than 30 inches from the ground and supported on at least two opposing sides by an adjoining building and/or posts, piers, or other independent supports. Such deck shall be attached to a building but shall not be enclosed or provide for a roof.

 

Director of codes administration means the chief building official. The director is also occasionally referred to in this chapter as the commissioner of buildings and inspections.

 

Duplex means a building designed or used exclusively for residential purposes and containing two dwelling units separated by a common party wall or otherwise structurally attached.

 

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

 

Dwelling, multiple means a building or portion thereof designed for three or more dwelling units.

 

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy by one family and provided with sanitation and cooking facilities.

 

Family means an individual; or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen; or a group of eight or fewer unrelated mentally or physically handicapped persons, including two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons in residence.

 

Floor area means the sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

Floor area ratio (FAR) means the ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

 

Footprint Area means the floor area at grade or the first floor if elevated above grade of an accessory building or structure and includes any enclosed area therein for the parking of motor vehicles, areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

 

Garage, community means a building or portion thereof, other than a public or private garage, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

Garage, private means an accessory building for the storage only of motor vehicles.

 

Garage, public means a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theatres, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled public), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.

 

Group housing project means a residential building project consisting of four or fewer buildings on a tract or lot consisting of three or less acres.

 

Halfway house means a facility for rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of 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.

 

Height of buildings means the vertical distance measured from the highest of the following three levels:

 

(1) From the curb level;

 

(2) From the established or mean street grade in case the curb has not been constructed; or

 

(3) From the average finished ground level adjoining the building if it sits back from the street line;

 

to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot and to the mean height level of the top of the main plate and highest ridge for other roofs.

 

Home occupation means any occupation of a service character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling, which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade or no commodity for sale shall be kept on the premises.

 

Homeless shelter means a charitable facility operated by either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

Hotel means a building occupied or used generally as a temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 15 sleeping rooms, and no provision is made for cooking in any individual guestroom.

 

Incinerator means a solid waste processing facility consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

Indirect lighting (signs). A light source that is separate from the sign and that is not directed to shine onto the sign face.

 

Junk handling yard means a place where waste, discarded or salvaged metals, used plumbing fixtures and other materials are bought, sold, exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, or used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

Lodger means any person who, in exchange for valuable consideration, receives the use of a sleeping room without meals or cooking privileges.

 

Lodginghouse means a building, other than a hotel, where a room without meals or cooking privileges for five or more persons is provided for compensation.

 

Lot means a plot, parcel or tract of land with frontage on a street occupied or proposed to be occupied by one building or uses customarily incident to it.

 

Lot area means the area contained within the property lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

Lot, corner means a lot abutting upon two or more streets at their intersection.

 

Lot depth means the mean horizontal distance from the front street line to the rear line of a lot.

 

Lot, interior means a lot whose side lines do not abut a street.

 

Lot, through means an interior lot having frontage on two streets and distinguished from a corner lot.

 

Lot width means the mean horizontal distance between the side lines of the lot measured at right angles to the depth.

 

Major thoroughfare (street) means streets having, as their primary purpose, to provide for through traffic movement between areas and across the city, and having, as their secondary purpose, direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the major street plan as primary or secondary arterials.

 

Marquee means any hood of noncombustible construction projecting more than 12 inches from the wall of a building above an entranceway and having a roof area greater than 12 square feet.

 

Massage shop means an establishment which has a fixed place of business having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of, external parts of the human body with the hands or with the aid of any mechanical, electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity provided that this term shall not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.

 

Materials recovery facility means a facility where source-separated materials are separated and processed, but such operations shall not include auto wrecking and junk handling.

 

Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, digital video discs, other magnetic media, and undeveloped pictures.

 

Media store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In that context, media store means a retail store offering media for sale or rent for consumption or enjoyment off the premises; provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for media stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area. This definition intentionally includes and is intentionally broader than the definition of book store and video store.

 

Mobile home means a factory-built structure more than eight feet in width and 32 body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation.

 

Mobile home development means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long term accommodation of more than 30 days for placement of two or more mobile homes, and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

Modeling studio means an establishment or business which provides the services of modeling for the purposes of reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing or otherwise.

 

Motel means a motorist's hotel where no portion of the building exceeds two stories in height and where at least 50 percent or more of the guestrooms are on the ground floor level and open directly on a private roadway or court.

 

Motion picture arcade booth means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd rom, books, magazines or periodicals) for observation by patrons therein. The terms booth, arcade booth, preview booth, video arcade booth, and media room shall be synonymous with the term motion picture arcade booth. A motion picture arcade booth shall not mean a theater, moviehouse, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy a motion picture arcade booth at any time.

 

Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Motion picture arcade booth establishment is any business wherein one or more motion picture arcade booths are located. The terms establishment and video arcade shall be synonymous with motion picture arcade booth establishment. Note: This definition relates to certain nonconforming uses which lawfully exist on the date of adoption of this definition; the Zoning Ordinance specifically does not list this as a permitted use in any zoning district.

 

Museum means any government or non-profit institution devoted to the procurement, care and display of objects of lasting interest or value which is open to the general public.

 

Noncommercial message means a message which does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity.

 

Nonconforming use, yard or building means a use, yard or building that does not comply with the regulations of the district in which it is situated.

 

Off-street parking space means a paved area to which an automobile has direct access from a paved aisle of sufficient width.

 

Operator means any person operating, conducting or maintaining an adult business.

 

Owner-occupied means that a natural person has his or her principal residence in a dwelling unit and either (I) owns a 50% or greater fee interest in the dwelling, or (ii) owns and/or controls a trust, corporation, limited liability company, partnership or other legal entity that owns the fee interest in the dwelling.

 

Primary live entertainment means that entertainment which characterizes the business, as determined (if necessary) from a pattern of advertising as well as actual performances.

 

Private club means a building and necessary grounds used for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

Public display describes the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others, or from any portion of the persons store or property where items and material other than adult media are offered for sale or rent to the public.

 

Public park means any city, county, state or federal public park.

 

Row house means a row of three or more attached dwelling units, also known as a townhouse.

 

Sadomasochistic practices means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

 

Sex shop means a business offering goods for sale or rent and that meets any of the following tests:

 

(a) It offers for sale items from any two (2) of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or

 

(b) More than five percent (5%) of the stock in trade of the business consists of sexually-oriented toys or novelties; or

 

(c) More than five percent (5%) of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

 

Sexually-oriented toys or novelties means instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

 

Short-term loan establishment means a business engaged in providing short-term loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Short-term loan establishments shall include businesses offering payday loans, signature loans, small loans, and other similar loans but do not include pawnshops or title loan establishments.

 

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

Sign, advertising copy. The term "advertising copy," as used in this chapter, means all letters, numbers and symbols constituting an advertising message.

 

Sign, animated means any sign with moving, rotating (other than on a vertical axis) or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises, which relies upon wind currents to create movement or the illusion of movement.

 

Sign, business advertising means an on-premises sign, other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

Sign, changeable copy panel means any panel which is characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

Sign, flat wall or fascia means a sign which is either painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than 12 inches from the wall and presents only one face with advertising copy to the public.

 

Sign, freestanding means a sign which is supported by one or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

Sign, gross area of means the smallest square, rectangle, triangle, circle or combination thereof necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided in this chapter, each face of a double-faced sign shall be computed and added to determine the gross area. This calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

Sign, incidental means a sign which guides or directs pedestrian or vehicular traffic.

 

Sign, monument means a freestanding sign where the length of the base of the sign is a minimum of 75 percent of the length of the longest part of the sign and shall not include revolving signs and flashing signs.

 

Sign, outdoor advertising means an off-premises sign which directs attention to a business; commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

Sign, projecting wall means a sign which is affixed in some way to an exterior wall of a building or structure and which projects perpendicularly from an exterior wall or radially from a corner of a building or structure and presents two faces with advertising copy to the public.

 

Sign, roof means a sign, any part of which extends above the low point of a roof or parapet wall of a building and which is wholly or partially supported by the building.

 

Sign structure means a structure which ordinarily serves no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

Sign, temporary means a sign that is designed to be used only temporarily and not permanently mounted to a structure or permanently installed in the ground.

 

Sign, tri-vision means a sign which, by the intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one message viewable at any one time.

 

Sign, under-marquee means a lighted or unlighted display attached to the underside of a marquee, awning or canopy and protruding over private sidewalks or rights-of-way.

 

Solid waste separation facility means a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.

 

Specified anatomical areas means and includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

Specified sexual activities means sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual simulation or gratification, with a persons clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the states criminal code (RSMo ch. 573).

 

Stable, private means a detached accessory building for the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

Stable, riding means a structure in which horses, mules or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

Story means that part of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two of its opposite sides are situated in a sloping roof and the floor area of the attic does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

Street means a thoroughfare available to the public which affords the principal means of access to abutting property.

 

Street line means the dividing line between the street and the lot.

 

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.

 

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

 

Title loan establishments means a business engaged in providing title loans to members of the general public as an element of its operation and which is not a bank, savings and loan association, or other financial institution as defined in this chapter. Title loans are defined as a transaction between a borrower and a lender for which the borrower pledges any titled personal property to the lender as security for a loan received from the lender.

 

Transfer station means a solid waste facility utilized as a central collection point at which solid waste from collection trucks or from a centralized location is placed in long haul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

Travel trailer means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit, would be considered examples of travel trailers.

 

Travel trailer camp means any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodation, up to and including 30 days or less, for placement of two or more travel trailer units, and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

Truck includes tractor and trailer trucks, or any motor vehicle which carries a truck license.

 

Used tire facility means a site where waste tires are collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

Video store is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, video store means a retail store offering video cassettes, disks or other video recordings for sale or rent, provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an adult media store. See special conditions in applicable zoning districts for video stores in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

 

Yard, front means an open space, unoccupied except as provided in this chapter, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot shall be as follows:

 

(1) The front yard of a corner lot consisting of one platted lot shall be adjacent to that street on which the lot has its least dimension, unless there is a question as to which is the least dimension. When this question arises, the director of codes administration shall make the determination.

 

(2) If a corner lot consists of all or more than two platted parcels of land, each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard of this lot shall be on the same street as the other lots.

 

(3) If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard shall be on that street on which there front the greater number of lots, either platted or unplatted.

 

Any question as to the requirements for a corner lot set out in this definition shall be determined by the director of codes administration.

 

Yard, least dimension means the least of the horizontal dimensions at any level of such yard at such level.

 

Yard, rear means an open space, unoccupied except as provided in this chapter, on the same lot with a building, between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at a right angle to the rear line of the lot.

 

Yard, side means an open space, unoccupied except as provided in this chapter, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard. Any line not a rear line or a front line shall be deemed a side line.

 

Yard waste compost facility means a facility that processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

Sec. 80-32. Noncommercial signs.

 

(a) Any sign allowed or that would be allowed without permit, by sign permit, by conditional use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height and other requirements of this chapter.

 

(b) Noncommercial signs of any size may be displayed inside window areas at any time.

 

Sec. 80-33. Severability and construction of sign provisions.

 

(a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter.

 

(b) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

 

(c) Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed anywhere or in specific locations under this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, sentence, phrase, clause, term or word of this chapter.

 

(d) Severability and construction related to noncommercial signs. This chapter, including provisions for the substitution of messages shall be broadly construed to allow noncommercial messages, subject only to size, height, location and number limits that would apply to any sign bearing any message in that zoning district; any provision which is construed to limit the use of an apparently permitted sign for a noncommercial message should be disregarded in the administration of this chapter and struck down as unconstitutional and severed by any court considering it.

 

Sec. 80-34 Residential Signs

 

Only the following signs shall be allowed in districts R-1, RA, R-2, R-3, R-4, R-5, R-6, GP-4, GP-5, GP-6, GP-7, GPA, GPR-1, and GPR-2:

 

(1) General Rules

 

a. Lighting. Except where otherwise specified, signs in residential districts may have indirect lighting only.

 

b. Flashing, moving and similar signs. Flashing, moving, wind-blown or other signs that move or simulate movement are prohibited.

 

c. Traffic control signs. In addition to other signs permitted under this section, any lot or parcel containing more than four dwelling units, a permitted institutional use, or a permitted commercial use, may contain signs conforming with the Manual of Uniform Traffic Control Devices and not containing any commercial message.

 

d. Messages. Any sign allowed under this section may bear a noncommercial message. Limited commercial messages are allowed, in accordance with express provisions of this section, but such commercial messages shall in no case advertise or direct attention to a business or commercial activity other than one lawfully conducted on the premises, as expressly allowed under this section.

 

(2) A lot with a principal use of a single family or two-family home may have

 

a. For each entrance (excluding garage entrances) to a dwelling unit, one wall sign, not to exceed eighty square inches in area

 

b. One temporary sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the home. Such sign shall not exceed eight (8) square feet in area or four feet in height.

 

c. Additional temporary signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height. A total of sixteen square feet of sign area shall be allowed per lot.

 

d. During the period from six weeks prior to a public election to be held in Kansas City to two weeks after such election, each lot may display additional signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height.

 

(3) A lot with a principal use of a multi-family building may have

 

a. One wall sign per building which shall not exceed twelve square feet in area. The message on such sign may include a commercial message related to the sale, lease or rental of units in the building or complex.

 

b. For each building entrance providing access to multiple dwelling units, an additional sign which shall not exceed four square feet in area, provided that no message on such sign other than a word such as Adirectory@ or similar identifying word shall be legible from a location on the public right-of-way or on private property other than that which is part of the same complex.

 

c. For each entrance (excluding garage entrances) to an individual dwelling unit, one wall sign, not to exceed eighty square inches in area

 

d. There shall be permitted one additional sign per driveway, which sign shall not exceed 36 inches in height and two square feet in area, Such sign shall bear no commercial message.

 

e. For any multi-family residential building containing one or more offices, as permitted under the zoning for the district, there shall be permitted one additional wall sign, which sign shall not exceed 16 square feet in area. The wall sign may bear a commercial message related to activities lawfully conducted on the premises or a noncommercial message.

 

f. One temporary sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the units. Such sign shall not exceed eight (8) square feet in area or four feet in height.

 

g. Additional temporary signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height. A total of sixteen square feet of sign area shall be allowed per lot.

 

h. During the period from six weeks prior to a public election to be held in Kansas City to two weeks after such election, each lot may display additional signs displaying noncommercial messages. No such sign shall exceed eight square feet in area or four feet in height.

 

(4) A lot with an institutional use as its principal use, such as a church, school, police or fire station, hospital, community center, or public park, may have

 

a. One monument sign per street frontage which shall not exceed thirty two square feet in area or six feet in height. One sign per lot may include changeable copy, but the changeable copy feature shall use direct human intervention for changes and shall not include any form of digital or electronic display. Such sign may be lighted with direct white light

 

b. One wall sign per public entrance, which shall not exceed twenty square feet in area. Such sign may be internally or directly illuminated.

 

c. One temporary sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the property. Such sign shall not exceed eight (8) square feet in area or four feet in height.

 

c.                   Additional temporary signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height. A total of sixteen square feet of sign area shall be allowed per lot.

 

d. During the period from six weeks prior to a public election to be held in Kansas City to two weeks after such election, each lot may display additional signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height.

 

(5) One monument sign shall be allowed at each street entrance which identifies the name of the residential neighborhood, or multi-family complex or building, which shall not exceed thirty two square feet in area or six feet in height. Such sign my be lighted with direct white light.

 

(6) As a temporary use accessory to the permitted activity of lawful subdivision development in a development which will contain at least twenty dwelling units, temporary identification signs are permitted, provided that such signs shall not exceed 100 square feet in sign area nor more than 15 feet in height; if there is more than one such sign, such signs shall be at least 1,000 feet apart. Each such sign may remain in place until 90 percent of the lots in the sector are sold, but no longer than eighteen months from the date of erection. All such signs shall be located at least fifteen (15) feet from the pavement edge or edge of the street or thoroughfare to which it is directed, but not within the sight triangle. All such signs shall be within the development or within 2000 feet of the development. These signs shall not be illuminated.

 

(7) A lot with a principal use of a halfway house or other group home may have

 

a. For each entrance (excluding garage entrances) one wall sign, not to exceed eighty square inches in area

 

b. One temporary sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the home. Such sign shall not exceed eight (8) square feet in area or four feet in height.

 

d.                  Additional temporary signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height. A total of sixteen square feet of sign area shall be allowed per lot.

 

d. During the period from six weeks prior to a public election to be held in Kansas City to two weeks after such election, each lot may display additional signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height.

 

(8) A lot with a principal use not described in (1)-(7) above, or an vacant lot may have

 

a. One temporary sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the property. Such sign shall not exceed eight (8) square feet in area or four feet in height.

 

b. Additional temporary signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height. A total of sixteen square feet of sign area shall be allowed per lot.

 

c. During the period from six weeks prior to a public election to be held in Kansas City to two weeks after such election, each lot may display additional signs not bearing commercial messages. No such sign shall exceed eight square feet in area or four feet in height.

 

Sec. 80-42. Accessory uses permitted in districts R-1aa and R-1bb (low density),

R-1a (medium density) and R-1b.

 

(a) General requirements. Accessory uses permitted in districts R-1aa, R-1bb, R-1a and R-1b shall:

 

(1) Be located upon the same lot with a principal use unless otherwise set forth in this chapter.

 

(2) Be subordinate to the principal use and be a use or activity which is customarily incidental to the principal use.

 

(3) Not materially or substantially change or alter the character of activity of the principal use it serves.

 

(4) Include no use which is unrelated to a residential use unless otherwise defined by this chapter as a permitted home occupation.

 

(b) Yards, setbacks, building size and screening. The following are general yard requirements governing any accessory building or structure authorized under this section, which may be modified by the special requirements listed in this section:

 

(1) Setback requirements for accessory buildings and structures.

 

a. There shall be a front yard setback of at least 60 feet from the front property line.

 

b. There shall be a rear yard setback of at least four feet from any rear property line, except:

 

1. Pools shall be set back at least ten feet from any rear property line.

 

2. Private stables for animals shall be set back at least 30 feet.

 

3. No rear yard setback shall be required for a garage, servants' quarters or carriage house where an alley abuts the rear property line.

 

c. There shall be a setback of at least two feet from any side line, except that pools shall be set back at least ten feet from any side line.

 

d. There shall be a setback of at least 15 feet from a side street line.

 

e. There shall be a setback of at least ten feet from the principal building.

 

f. There shall be a setback of at least 20 feet from any residential principal building on any adjoining lot.

 

(2) Height requirement for accessory buildings and structures.

 

a. The height of a detached accessory building or structure shall not exceed ten feet.

 

b. The height of a private garage or servants' quarters shall not exceed 16 feet.

 

c. The height of a carriage house shall not exceed 28 feet and two stories.

 

(3) Allowable footprint area of accessory buildings and structures.

 

a. The total footprint area of detached accessory buildings or structures shall not exceed 200 square feet.

 

b. The total footprint area of private garages or servants' quarters may be erected to a maximum size of 800 square feet.

 

c. The total footprint area of carriage houses shall not exceed 1,500 square feet.

 

d. The area occupied by all accessory buildings and structures, including garages, servants' quarters and carriage houses, shall be limited to 40 percent of the area of the rear yard.

 

(4) Screening requirement.

 

a. Accessory buildings and structures, except for those structures as set forth in subsection (c) of this section, shall be screened from any public street. Screening shall be at least six feet high and may be either a fence, shrubbery or some combination of natural plants and trees. Screening shall be installed to allow for an open area not to exceed 40 percent. It is not the intent of screening to prohibit the use of any allowable accessory use or structure.

 

b. Pools with a depth of greater than two feet shall be enclosed by a protective fence of at least four feet in height. Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a responsible person.

 

(5) Lot area requirement. A carriage house may be maintained or altered on a lot which contains a minimum area of 12,000 square feet and which contains a principal building used exclusively for the purposes of no more than one (1) dwelling unit.

 

(6) Variances. The provisions contained in this section may be varied by the board of zoning adjustment in accord with section 80-300(a).

 

(7) Exceptions. The following uses or areas are excepted from the requirements set forth in subsections (b)(1) through (4) of this section:

 

a. Districts R-3 and R-4.

 

b. Community unit projects.

 

c. Group housing projects.

 

d. Planned districts.

 

e. Any use associated with general farming as outlined in section 80-50 or identified in section 80-41(3)a.

 

f. Swing sets, sand boxes, basketball goals, children's playhouses under 50 square feet in area, tree houses under 50 square feet in area, composting bins under 50 square feet in area and similar uses.

 

(c) Accessory uses on land. Accessory uses on the land in district R-1 shall be permitted as follows:

 

(1) Private garage, servants' quarters or carriage house:

 

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

 

b. A terrace garage may be allowed in a front or side yard forward of the building line, provided it is completely recessed into the terrace, and the height of the terrace is sufficient to cover and conceal the structure from above. The front of the terrace garage shall be at least four feet from the front property line, and all doors, when open, shall not project beyond the property line.

 

c. The servants' quarters shall be occupied only by servants working on the premises and members of their immediate family.

 

d. When built as an integral part of the main building, a private garage or servants' quarters shall be subject to the yard regulations affecting the main building.

 

e. A private garage, servants' quarters or carriage house shall be subject to the yard requirements of subsection (b) of this section.

 

f. Carriage houses shall not be allowed in districts R-1aa or R-1bb.

 

(2) Community garages, with or without facilities for washing cars, provided the following conditions are met:

 

a. Access thereto, if from the street, shall be by not more than one driveway.

 

b. Such garage shall be at least six feet from any interior lot line and shall be set back from any street line a distance at least ten feet greater than would be required for a residence building on the same lot.

 

c. A community garage shall not be over one story or 16 feet in height.

 

d. No commercial vehicle shall be housed in a community garage.

 

(3) A private stable for animals. See section 14-12 for additional restrictions on this accessory use.

 

(4) Recreation and service buildings in a public park or playground.

 

(5) Temporary buildings, such as real estate offices, contractors' sheds and buildings of like character, which will be permitted during construction of buildings or sale of property, but not to exceed two years, upon approval of the director of codes administration.

 

(d) Accessory uses in building or structure. Specific accessory uses permitted in a building or structure in district R-1 include but are not limited to:

 

(1) Family-like day care of children for any part of the 24-hour day, for which compensation is received, which shall be limited to no more than two children; provided that the main use of the premises is as a dwelling place, that no sign is displayed, that there is no exterior evidence of the day care service, and that the day care service is conducted only by members of a family residing in the dwelling. For purposes of this subsection, child care shall not include the boarding and lodging of children. The limitation of two children may be waived by the director of codes administration to permit the care of no more than six children if affidavits of consent are submitted to the director of codes administration by all owners of all property immediately adjacent and contiguous to the subject property. However, if affidavits of consent are not received from all property owners the matter may be appealed to the board of zoning adjustment. The board shall have the authority to vary the waiver requirement after a public hearing on the matter. Waiver of the limitation of two children shall be required if there is a change of operator of the family-like day care.

 

(2) Home occupations, as defined in section 80-20, subject to the following conditions:

 

a. A home occupation shall be located in the dwelling and carried on only by members of the immediate family of the person occupying such dwelling as his or her private residence.

 

b. There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

 

c. No home occupation, and no storage of goods, materials or products connected with a home occupation, shall be allowed in any accessory building or structure.

 

d. Merchandise shall not be displayed or offered for sale either within or outside the residence.

 

e. No activity shall produce any noxious matter or odor, nor shall there be any perceptible noise beyond the lot line.

 

f. No sales are permitted on the site.

 

(3) The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage; provided no window or other display or sign is used to advertise such use; and provided that the lodger or boarder lives in common with the family, sharing a common entrance, kitchen facilities and living areas.

 

(4) Newsstands or refreshment stands or restaurants in connection with a railroad passenger station.

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) 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.

 

(10) 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.

 

(11) 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 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.

 

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. 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:

 

i. 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. 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:

 

1. Be located within the structure.

 

2. 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.

 

(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. 80-211. Signs for conditional uses.

 

(a)   Conditional uses of land as designated in sections 80-212 and 80-213, when located in districts R-1 to R-6, inclusive, may provide such signs that are allowed for said use in Section 80-34. Any permanent sign that exceeds two square feet in area must be approved by the board of zoning adjustment.

 

(b)   The size and design of any sign shall conform to the architectural design of the structure identified, the size of the structure identified, and the size and topography of the lot on which the sign is located.

 

(c)   The size and location of any sign shall be indicated on plans required by the board of zoning adjustment for consideration of the conditional use. Two copies of a plan showing elevations of the sign, properly dimensioned, shall also be furnished the board of zoning adjustment.

 

(d)   A sign shall be located and constructed in such a manner as to conform to the requirements of the specific conditional use.

 

(e)   The board may impose additional restrictions, terms and conditions governing setback, height, design and other appropriate safeguards as may be in harmony with the purpose and intent of this chapter.

 


Sec. 80-212. Conditional uses permitted for limited 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 a limited time subject to the conditions and restrictions listed in this section.

 

(b)   The following uses may be permitted in the districts designated, 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 only after a public hearing and after receiving the report and recommendation of the director of city development. 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 30days of any requested amendment thereof.

 

(1) Carnivals, circuses, fiestas and street fairs, when sponsored by religious, philanthropic or community organizations, for a specified limited time only in districts R-1, RA, R-2, R-3, R-4, R-5, C-1, C-2 and C-3. Carnivals and circuses are first allowed outright in district M-1, as provided in section 80-180. See chapter 12, article V, division 2, for additional requirements for these uses.

 

(2) Check-cashing establishments or title loan establishments in Districts C-2, C-3, C-4, M-1, M-2, M-3, CP-2 and CP-3 subject to the following conditions and restrictions:

 

a. At the time of original approval, no such establishment shall be located within 1,000 feet of another check-cashing establishment, title loan establishment or pawnshop.

 

b. At the time of original approval, no such establishment shall be located on a lot contiguous with or directly across the street or an alley from any property zoned R-1, R-2, R-3, R-4, R-5 or R-6.

 

c. Signage shall be limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

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

 

e. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed establishment.

 

f. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided, however, at the time of renewal, the applicant shall demonstrate that the establishment has not had a negative impact on properties within 500 feet and that the establishment has complied with the provisions of chapter 56, the property maintenance code.

 

(3) Children's group home facility as a residential facility for the care of children who, upon completion of a course of treatment in a facility which provides an extensive treatment program for children with disabling emotional disturbances, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living, or for a group of developmentally disabled children in districts R-1, RA, R-2, R-3, GP-4, GP-5, GP-6, GP-7 and GP-8. Group home facilities are permitted outright in district R-4, as provided in section 80-80. A group home facility shall be subject to the following conditions and restrictions:

 

a. The maximum number of persons in a facility shall not exceed ten children and two resident staff members.

 

b. The facility shall provide off-street parking in the ratio of one space per every four children and one space per every resident staff member.

 

c. The parking shall be adequately paved and screened from adjoining properties.

 

d. The facility shall be a secondary facility operated and maintained by a facility which provides intensive treatment for children with disabling emotional disturbances or a contract facility wherein the children remain under the jurisdiction of the county juvenile system or the state division of youth services or a facility operated for developmentally disabled.

 

e. The property shall have a minimum lot area of 10,000 square feet.

 

f. There shall be a minimum building size of 250 square feet per residential and resident staff.

 

g. The facility shall not be used as a residence for substance abusers or ex-offenders.

 

i. At the time of original approval no facility shall be located within 1,000 feet of another such facility or of a halfway house (see subsection (b)(4) of this section), a convalescent home, a children's nursery or a group day care home; provided, however, that the board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

 

j. The residential character of the structure shall be maintained.

 

k. The applicant shall demonstrate that there is not a negative impact on property within 500 feet of the proposed facility and that such facility will maintain the residential character of the neighborhood.

 

l. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided that in any request for renewal the applicant shall demonstrate that the character of the neighborhood has been maintained, that there has been no negative impact upon properties within 500 feet, and that the facility has been maintained in accordance with the standards established by chapter 56, the property maintenance code.

 

(4) Day labor establishments in Districts C-3, C-4, M-1, M-2, M-3, and CP-3 subject to the following conditions and restrictions:

 

a. At the time of original approval, no such establishment shall be located within 1,000 feet of another day labor establishment, or within 500 feet of a children's nursery or boarding home, a group day care home, a daycare facility, a school, or a package liquor store, as measured in a straight line from the lot line of the affected properties.

 

b. At the time of original approval, no such establishment shall be located on a lot contiguous with or directly across the street or an alley from any property zoned R-1, R-2, R-3, R-4, R-5 or R-6.

 

c. Signage shall be limited to only one wall or fascia sign on any building wall with a total square feet of area of advertising copy not to exceed five percent of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed 20 feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated movement by mechanical means or roof signs advertising such establishment shall be allowed. Further, only one freestanding sign shall be allowed not to exceed 25 feet in height and not to exceed 40 square feet in area.

 

d. Parking with paving and screening shall be as required by section 80-444. Adequate off-street paved surfaces shall be provided for the loading and unloading of workers in conformance with Chapter 52 and section 80-446.

 

e. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed establishment.

 

f. The permit shall be limited to a two-year period but may be renewed by the board after a public hearing; provided, however, at the time of renewal, the applicant shall demonstrate that the establishment has not had a negative impact on properties within 500 feet and that the establishment has complied with the provisions of chapter 56, the property maintenance code.

 

(5) Gun clubs, skeet or trap shoots and target and archery ranges, when located on land at least two acres in size in districts RA, M-1, M-2 and M-3, for a period of five years, and renewable by the board after public hearing. See section 50-264 for regulations concerning police permits for these uses.

 

(6) Halfway houses for the rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of 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 in any district except R-1, R-2, GP-7 and GP-6, subject to the following conditions:

 

a. In districts R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-5 and GP-4, one parking space per every four residents, including staff residents, is required. In all other districts one parking space per every ten residents, including staff residents, is required.

 

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

 

c. In district R-3 there shall be a minimum lot area of 10,000 square feet.

 

d. In district R-3 there shall be no more than 12 residents, including resident staff.

 

e. In districts R-4, R-4-0 and GP-5, 700 square feet of lot area per resident is required. In districts R-5, R-5-O, R-6 and GP-4, 500 square feet of lot area per resident is required. In all other districts, no minimum lot size is required.

 

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

 

g. In districts R-4, R-4-O, R-5, R-5-O, R-6, GP-5 and GP-4 there shall be a minimum floor area of 250 square feet per resident and resident staff. In all other districts, there shall be 100 square feet of floor area per resident and resident staff.

 

h. At the time of original approval, no facility shall be located within 1,500 feet of another such facility, or a group home, or a convalescent center, or a children's nursery or boarding home, or a group day care home and no facility shall be located within 500 feet of a school; provided, however, that the board of zoning adjustment 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.

 

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

 

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

 

k. The permit shall be limited to a two-year period but may be renewed by the board 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 residential character of the neighborhood has not been impaired, and that the facility has complied with the provisions of chapter 56, the property maintenance code.

 

(7) Miniature cars and miniature trains not operated commercially in districts R-1, RA and R-2 for a period of five years and renewable by the board after public hearing. Miniature trains are first allowed outright in district C-2, as provided in section 80-140.

 

(8) Open-face quarries, sand or gravel pits for the purpose of removing, screening, crushing, washing or storage of clay, stone, gravel or similar materials, in district RA, subject to the following conditions:

 

a. Quarry operations shall be located on property abutting or adjacent to a freeway, expressway or primary or secondary arterial as depicted on the major street plan, and all access shall be from a street capable of handling the expected highway loads of heavy vehicular traffic. In order to determine the capability of such street, the applicant shall submit a traffic study assessing the impact of that quarry operation and a structural analysis of the street certified by a registered professional engineer as to the capacity of such street.

 

b. All quarry activity shall be located so as to minimize the adverse impact upon surrounding properties. 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 shall not violate the general spirit or intent of this chapter.

 

c.  Rock-crushing and quarrying are allowed as a special use in district M-2, as provided in section 80-190. Provision shall be made for the preservation or restoration of the ground surface and cover, and such provision shall be shown on the plans submitted to the board.

 

d. The term of the permit shall not exceed five years, but the permit may be renewed by the board after a public hearing.

 

(9) Refuse dumps in districts RA, M-1, M-2 and M-3, excluding demolition debris landfills, for a period not to exceed five years and renewable by the board after public hearing, subject to the following conditions:

 

a. The applicant shall submit an application to the board of zoning adjustment for approval of such refuse dump, with the application to contain such information as established by the board, including but not limited to:

 

1. Ownership of the property.

 

2. Plat of the property drawn to scale, showing legal description, the boundary of the property, the boundary of the proposed dump, existing topography, existing easements, access and any watercourses or drainage systems.

 

b. Upon filing of an application, the director of city development shall furnish copies of the application to the fire and public works departments. Each of these departments shall make the necessary investigation to determine the feasibility of the site, and shall make written recommendations to the board of zoning adjustment prior to the public hearing on the application.

 

c. Any application approved by the board of zoning adjustment shall be subject to the following conditions:

 

1. The refuse dump shall be properly protected from use by anyone other than the applicant, or his authorized agent, and it shall be the applicant's sole responsibility for maintenance and care of the area used as a refuse dump.

 

2. All refuse dumps shall be compacted by the use of machines for this purpose if so required by law.

 

3. All refuse dumps shall be operated so as not to violate any existing city ordinance, state statutes or federal laws relating to the health, safety or general welfare of the inhabitants of the city, and shall not encroach upon the environment on any waterways, atmospheric content or visual phenomena, and shall be in harmony with surrounding lands within the neighborhood.

 

(10) Demolition debris landfills in any district of the city subject to the following terms and conditions:

 

a. A demolition debris landfill is defined as a place designated for the disposal of used building materials resulting from the demolition, site clearance or waste materials from the construction of buildings or structures.

 

b. Used building material is any and all material requiring disposal resulting from the demolition, site clearance or construction of buildings or structures, but shall not include refuse, trash, garbage or any other material specifically designated in other ordinances of the city to be disposed of in any other type landfill.

 

c. The applicant shall submit an application to the board of zoning adjustment for approval of such demolition debris landfill site, with the application to contain such information as established by the board, including but not limited to:

 

1. Ownership of the property.

 

2. Plat of the property drawn to scale, showing legal description, the boundary of the property, the boundary of proposed fill, existing topography, finish topography, existing easements, access and any watercourses or drainage systems.

 

d. Upon the filing of an application, the director of city development shall furnish copies of the application to the fire and public works departments. Each of these departments shall make the necessary investigation to determine the feasibility of the site and its proposed use, and shall make written recommendations to the board of zoning adjustment prior to the public hearing on the application.

 

e. Any such application approved by the board of zoning adjustment shall be subject to the following conditions:

 

1. The demolition landfill shall be properly protected from use by anyone other than the applicant, and it shall be the applicant's sole responsibility for maintenance and care of the landfill area.

 

2. All demolition landfills shall be compacted by the use of machines for this purpose as the fill is introduced into the landfill area.

 

3. All demolition landfills shall be operated so as not to violate any existing city ordinances, state statutes or federal laws relating to the health, safety or general welfare of the inhabitants of the city, and shall not encroach upon the environment by encroachment on any waterways, atmospheric content or visual phenomena, and shall be in harmony with surrounding lands within the neighborhood.

 

4. At such time as the landfill reaches the finished topography as approved, the final 12 inches shall be earth cover and shall be properly graded and seeded by the applicant.

 

f. The approval by the board of zoning adjustment shall be for a specified period of time to be established by the board, but not to exceed five years from the date of approval. Extensions of the specified period of time may be granted upon application to and hearing by the board.

 

g. The applicant shall cause to be recorded in the proper county recorder's office approval of all demolition landfills granted by the board and provide the secretary of the board with the recording information.

 

h. The director of public works shall make such rules and regulations pertaining to the operation of the demolition debris landfill so as to accomplish the purpose and intent of this chapter and approval by the board of zoning adjustment. Employees of the city shall have the right to enter upon the site to make all reasonable inspections. If the applicant is found to be in violation of the provision of this section, written notice shall be given to the applicant by the city citing the violations and allowing the applicant 15 days to correct the violations. Should violations continue beyond such time, the city will institute proceedings for a public hearing before the board of zoning adjustment for revocation of the permit.

 

(11) Riding stables and tracks in districts R-1, RA, R-2, C-1, C-2, C-3, M-1, M-2 and M-3. Pony rings are allowed in District CP-2, as provided in Section 80-110, and District C-2, as provided in Section 80-140.

 

(12) Business, commercial and trade schools in districts R-1, R-2, R-3, R-4, R-5, R-6 and C-1 subject to the following conditions and restrictions:

 

a. The property shall have a minimum lot area of three acres and shall be located on a lot immediately adjoining any R-4 to M-3 district, inclusive, or on a corner lot across the street from any R-4 to M-3 district, inclusive.

 

b. The property shall be adjacent to a major thoroughfare or interstate highway, including frontage roads.

 

c. Parking and screening shall be provided as required in section 80-444, except that parking may be allowed in the front yard provided that the parking is set back a minimum of 30 feet from the nearest property line.

 

d. The property shall conform with all height and yard requirements of the underlying zoning district except as allowed by the board of zoning adjustment. In district R-5, the maximum allowable height of such a facility shall not exceed four stories.

 

e. No such facility shall be located on property which is within 400 feet from any residential structure in districts R-1, R-2, R-3, R-4, R-5, R-6, excluding motels and hotels.

 

f. Training occurring on the property shall only be allowed indoors. There shall be no exterior storage, training or educational activities allowed outside the building on the property.

 

h. The term of the permit shall not exceed five years, but the permit may be renewed by the board after a public hearing.

 

i. The applicant shall demonstrate that there shall be no negative impact on properties within 500 feet of the proposed facility.

 

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) 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.

 

(5) 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 ard-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.

 

(6) 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.

 

(7) 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 advertising such accessory use (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.

 

(8) 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.

 

(9) 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.

 

(10) 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.

 

(11) 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.

 

(12) 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1. Existing condition map showing:

 

i. Legal description of the proposed property.

 

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

 

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

 

iv. Date prepared, scale and north point.

 

2. Proposed development plans showing:

 

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

 

ii. Parking area location, sizes and capacity.

 

iii. Ingress and egress points for the projects.

 

iv. Use of structures.

 

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

 

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

 

vii Location of permanent open space to be retained.

 

viii Layout of roadways within the camp.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

APPENDIX A.

 

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 250 square feet of floor area per resident and resident staff.

 

e. 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.

 

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

 

g. 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.

 

h 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.

 

i. 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.

 

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).

 

Sec. 4.1. General Urban Design Standards.

 

(A) Architectural and landscape architectural treatment. The architectural and landscape architectural treatment of structures and sites shall be coordinated within each project area for the purpose of creating a pleasing and harmonious overall effect. The choice of building materials, plant materials, colors, structure and site furnishings, lighting and other elements of development shall be commensurate with the objectives of the use in question, in consideration of probable effect upon other adjoining uses and visual impact from transportation corridors. Careful consideration to these matters shall be given in the course of development plan processing and, in the case of dispute, the final decision with respect to landscape architectural and architectural treatment shall be made by the city plan commission.

 

(B) Setbacks from certain frontages. A 50-foot setback shall be required from freeways, expressways, parkways and other arterial streets to promote public safety and improve visual impact of development on lands adjacent to such rights of way; provided that this setback requirement shall not apply to signs.

 

(C) Minimum building height. In certain locations the unusual nature of certain parcels of land with respect to visual impact upon their environment shall be recognized in the development plan and minimum standards for building height and treatment shall be determined under that plan.

 

(D) Overhead utilities. Except for certain long distance transmission lines, all utilities shall be installed underground.

 

(E) Enclosure requirements, certain automotive services. Land uses depending in the normal conduct of their business on the frequent ingress and egress of automobiles, shall be screened by an appropriate ornamental fence or wall where they abut other uses which are not in the same category.

 

(F) Enclosure requirements, storage areas. Areas used for the storage of building materials and equipment or utility installations shall be completely screened by appropriate fences, walls, or hedges or combinations thereof.

 

(G) Surfacing of parking and loading areas. All parking and loading areas, whether public or private, shall be surfaced with a pavement of sufficient strength to support the vehicular loads thereon and to provide a durable and dustless surface, graded and drained, to disposed of surface water, and properly marked and arranged to provide for orderly and safe maneuvering and storage of automobiles and trucks.

 

(H) Lighting. All public areas shall be appropriately lighted to provide for safe and orderly usage thereof. Where such public areas are located adjacent to residential uses, all light fixtures shall be so arranged as to deflect the light from adjoining premises.

 

(I) Maintenance. All premises in the KCIA shall be well maintained and kept in orderly and sightly condition at all times. Structures damaged by fire or other calamity shall either be repaired or, if repair is impractical, shall be removed within 30 days of such calamity.

 

(J) Sign regulations.

 

(1) Signs in GP-4, GP-5, GP-6 and GP-7 shall be allowed as in section 80-34.

 

(2) Signage plan:

 

A. No sign shall be permitted unless the following standards are met and unless the signage plan has been approved by the city plan commission and the city council and is in accordance with the signage guidelines adopted by the city plan commission. For the purpose of this section, a "monument sign" shall be defined as a freestanding sign where the length of the base of the sign is a minimum of 75 percent of the length of the longest part of the sign and shall not include revolving signs and flashing signs.

 

B. At the time of approval of a development district for GP-1, GP-2, GP-3, GP-4, GP-5, GP-6, GP-7 and GP-8, the developer shall submit a signage plan for all signs within the development district. Such signage plan shall include specifications for type of signs (wall or monument), size, materials, type of illumination, landscaping and location as well as any other standards necessary for proper development. The signage plan shall not be effective until approved by the council after recommendation of the city plan commission. Public notice requirements of sections 80-330 and 80-335 shall not apply. No sign shall be erected in contravention of the design standards. A final signage plan for all types of signs shall be submitted to the director of city development for review and approval for each stage or phase of development prior to issuance of a sign permit. Minor modifications may be approved by the director of city development. For those development districts which have received approval prior to the date of this amendment, a signage permit as provided above may be submitted at any time prior to the issuance of a permit for a sign.

 

(3) Zoning districts GP-1, GP-2 and GP-3: The following signs are permitted in districts GP-1, GP-2 and GP-3, subject to the following conditions and subject to the approval of a signage plan by the city council in accordance with subsection (1) of this section, except as otherwise permitted herein;

 

A. Temporary freestanding signs to identify a developer or development:

 

(i) Identification: Name and logo of the developer.

 

(ii) Maximum area: 500 square feet.

 

(iii) Maximum number: One per each 1,000 feet of frontage along an interstate highway or limited access trafficway, such signs shall not occur at intervals less than 2,000 feet within the same development.

 

(iv) Maximum height: 15 feet.

 

(v) Location: 30 feet from the property line.

 

(vi) Illumination: Internal or external illumination allowed.

 

(vii) Special requirements: City plan commission approval required. Such signs shall be removed within three years after erection or upon completion of the development district, whichever occurs first. The city plan commission may approve extensions not to exceed three years.

 

B. Monument signs to identify a development district.

 

(i) Identification: Name and logo of the development district.

 

(ii) Maximum area: 75 square feet.

 

(iii) Maximum number: One on each side of the public street entering the district from any major thoroughfare; one freestanding sign to identify the development district shall be permitted along one major thoroughfare frontage for those development districts which do not have internal public streets.

 

(iv) Maximum height: Eight feet.

 

(v) Location: Ten feet from the property line.

 

(vi) Illumination: Internal or external illumination allowed.

 

C. Monument signs to identify a subdistrict or phase of development district:

 

(i) Identification: Name and logo of the subdistrict.

 

(ii) Maximum area: 40 square feet.

 

(iii) Maximum number: One at the primary public street or driveway entrance to the subdistrict or phase.

 

(iv) Maximum height: Six feet.

 

(v) Location: Ten feet from the property line.

 

(vi) Illumination: Internal or external illumination allowed.

 

D. Signs to identify single-purpose pad sites:

 

(i) Monument signs and menu boards, in lieu of one wall sign:

 

(a) Identification and menu board: On-premise business advertising.

 

(a) Identification: Name and logo of the building or business with no pricing information allowed.

 

(b) Maximum area: The total area of wall signage shall not exceed five percent of the area of the wall on which the signs are located, except that the area of advertising copy of projecting wall signs shall not be counted toward that maximum; in buildings greater than 20 feet in height, only the first 20 feet of height of any wall shall be used in calculating the allowable sign area. Projecting wall signs shall follow the dimensional requirements of Section 80-220.

 

(c) Maximum number: Three per building wall, with no more than one projecting sign per building wall, except that awning, canopy and under-marquee signs shall not be counted toward that maximum.

 

(d) Maximum height: N/A.

 

(e) Location: Building wall, fascia, marquee, awning or canopy.

 

(f) Illumination: Internal or external illumination allowed.

 

E. Signs to identify individual single-tenant buildings:

 

(i) Monument signs:

 

(a) Identification: Name and logo of the building or business.

 

(b) Maximum area: 30 square feet.

 

(c) Maximum number: One per street frontage.

 

(d) Maximum height: Six feet.

 

(e) Location: Ten feet from the property line.

 

(f) Illumination: Internal or external illumination allowed.

 

(ii) Wall signs (flat, projecting), fascia, marquee, awning, canopy and under-marquee:

 

(a) Identification: Name and logo of the building or business.

 

(b) Maximum area: The total area of wall signage shall not exceed five percent of the area of the area of the wall on which the signs are located, except that the area of advertising copy of projecting wall signs shall not be counted toward that maximum; in buildings greater than 20 feet in height, only the first 20 feet of height of any wall shall be used in calculating the allowable sign area. Projecting wall signs shall follow the dimensional requirements of Section 80-220.

 

(c) Maximum number: Three per building wall, with no more than one projecting sign per building wall, except that awning, canopy and under-marquee signs shall not be counted toward that maximum.

 

(d) Maximum height: N/A.

 

(e) Location: Building wall, fascia, marquee, awning or canopy.

 

(f) Illumination: Internal or external illumination allowed.

 

F. Wall (flat, projecting), fascia, marquee, awning, canopy and under-marquee signs to identify individual tenants in multi-tenant buildings:

 

(i) Identification: Name and logo of the tenant.

 

(ii) Maximum area: The total area of wall signage shall not exceed five percent of the area of the wall on which the signs are located, except that the area of advertising copy of projecting wall signs shall not be counted toward that maximum; only the first 20 feet of height any tenant wall elevation shall be used in calculating the allowable sign area. Projecting wall signs shall follow the dimensional requirements of Section 80-220.

 

(iii) Maximum number: Three per tenant wall elevation, with no more than one projecting sign per tenant wall elevation, except that awning, canopy and under-marquee signs shall not be counted toward that maximum.

 

(iv) Maximum height: N/A.

 

(v) Location: Building wall, fascia, marquee, awning or canopy.

 

(vi) Illumination: Internal or external illumination allowed.

 

G. Directional signs:

 

(i) Identification: See section 80-20, definitions.

 

(ii) Maximum area: Six square feet.

 

(iii) Maximum number: As required to direct pedestrian and vehicular traffic.

 

(iv) Maximum height: Three feet, if directional sign is freestanding; eight feet, if directional sign is wall mounted.

 

(v) Location: Ten feet from property line.

 

(vi) Illumination: Internal or external illumination allowed.

 

H. Temporary signs identifying "for sale," "for rent," "for lease" or similar temporary signs not previously identified:

 

(i) Identification: See section 80-20, definitions.

 

(ii) Maximum area: 32 square feet.

 

(iii) Maximum number: One per street frontage.

 

(iv) Maximum height: Eight feet; 15 feet if the property abuts an interstate highway.

 

(v) Location: Ten feet from property lines.

 

(vi) Illumination: No illumination allowed.

 

(vii) Special requirements: City plan commission approval required, except for real estate sale or lease signs.

 

I. Marquee signs for theaters shall be permitted in accordance with section 80-220 of the zoning ordinance; however, signs in the GP districts shall not be automatic or animated.

 

J. Roof signs, as defined in section 80-20, are permitted only on buildings used for manufacturing, processing, packaging, storage or assembly in district GP-1, section 2.1.II.A.

 

(i) Identification: Name and logo of the building or tenant.

 

(ii) Maximum horizontal dimension: Shall not exceed 30 percent of the wall it parallels.

 

(iii) Maximum number: One per building.

 

(iv) Maximum height: Height of the sign and supporting structure shall not exceed eight feet from the top of the highest parapet.

 

(v) Location: The roof sign shall be located on a building roof which is setback 1,000 feet from property lines.

 

(vi) Illumination: Internal and/or external illumination allowed.

 

(vii) Special requirements: City plan commission approval required.

 

K. Hospital signs in district GP-3:

 

(i) Identification: Signs necessary for the proper identification of the hospital facilities.

 

(ii)                Maximum area: The total area of wall signage shall not exceed five percent of the area of the wall on which the signs are located; multiple story buildings the total height of the wall shall not exceed 20 feet for computation purposes. Monument signs shall be limited to 80 square feet of area.

 

(iii) Maximum number: Three wall signs per building wall. One monument sign per street frontage and one per driveway entrance for a total number not to exceed two freestanding signs per street frontage.

 

(iv) Maximum height: Monument signs shall be limited to 12 feet in height.

 

(v) Location: Monument signs shall have a minimum setback of ten feet from the street right-of-way.

 

(vi) Illumination: Internal or external illumination allowed.

 

(3) District GP-8. Same as GP-1.

 


APPENDIX B.

 

2.7. Sign regulations.

 

I. GPA, GPR-1 and GPR-2 Districts:

 

A. As allowed in section 80-34.

 

II. GPO, GPC and GPI Districts:

 

A. Type of sign. A sign used to identify a specific business shall be attached to and constructed as a part of the face of the building, except that such sign may be erected on a marquee attached to a building. No sign shall extend above the roof line of the building or into the required yard.

 

B. Location. Identifying signs shall be located on the facade of the building which faces the street.

 

C. Size. An identifying sign shall not exceed five (5) percent of the total wall area on which the sign is to be attached. The total area, however, need not be less than thirty-two (32) square feet. Individual letters with no background shall be measured by the minimum rectangular area necessary to encompass such letter or by the combination of rectangles as necessary to encompass letters of irregular dimensions.

 

D.                 Signs to identify the district. One sign unattached to any building may be permitted at each street entrance to the district in order to identify the district and the industries located therein. The total area of such sign shall not exceed one hundred sixty (160) square feet and shall not exceed twenty-four (24) feet in height.

 

E. Directional or informational signs. Directional or informational signs, including temporary for sale or for rent signs, may be permitted, either attached or unattached to buildings. Such signs shall contain no advertising matter and shall be limited solely to that of providing information or directions. Signs necessary to the proper functions of the district, including for sale or for rent signs, shall not exceed sixteen (16) square feet in area. Signs necessary to the proper function of individual businesses or industries shall not exceed six (6) square feet in area.

 

Section B. That Chapter 18, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 18-16, Permit required; exceptions, enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 


Sec. 18-16. Permit required; exceptions.

 

(a) Required permits; permit conditions; annual permits.

 

(1) Generally; emergency work.

 

a. General. It shall be unlawful to construct, enlarge, alter, move, raise, shore, demolish, wreck or raze a structure or change the occupancy of a building or structure requiring additional strength, exit or sanitary provisions; or to change to another use; or to grade or excavate any land or real estate; or to install or alter any equipment or sign for which provision is made or the installation of which is regulated by this code, unless a separate permit for each building, premise or structure has first been obtained as required; except that repairs, as defined in section 18-4(b), which do not involve any violation of this code, and work as specified in subsection (b) of this section, shall be exempted from this provision.

 

b. Emergency work. In cases of emergency, the person or other entity doing work or causing work to be done may proceed with the work and file application for a permit within 72 hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately, and the burden shall be upon the person claiming such emergency to exist to prove the existence of such emergency by clear and convincing evidence.

 

(2) Moved buildings and building systems.

 

a. Moving, raising or shoring buildings. No building or fixed structure shall be moved in or within the city on or across a street or alley without a permit issued by the building official in accordance with the provisions set forth in other portions of this section and in the International Building Code section 3407. No building or major portion thereof shall be raised or shored without a permit from the building official.

 

b. Building systems. A permit shall be obtained for all heating, ventilating, comfort cooling and refrigeration systems, electrical service equipment, pipe fitting, incinerators and miscellaneous heat-producing appliances, moved with or installed in any moved building. A separate permit shall be obtained for the equipment installed in each separate building or structure.

 

c. Conditions of permit.

 

1. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

i. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

ii. The city shall be listed as an additional insured to such policy by separate endorsement.

 

iii. The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

 

iv. The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

v. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required in subsections (a)(2)c.1.ii and iii of this section are in effect.

 

2. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the moving of any building or structure shall at all times assume full responsibility for such work. Permission shall be further conditioned that any person, firm, or corporation shall release, hold harmless, and indemnify the city and all of the agents and employees from any and all responsibility, liability, loss, or damage resulting to any persons or property caused by or incidental to the moving of the building or structure.

 

3. Commencement and completion of work. See section 18-19(c)(3), pertaining to expiration of building moving permits.

 

(3) Conditions of permit for demolition work. Conditions of permits for demolition work are as follows:

 

a. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

1. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

2. The city shall be listed as an additional insured to such policy by separate endorsement.

 

3. The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

 

4. The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

5. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (a)(3)a.2. and 3. of this section are in effect.

 

b. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the demolition work of any building, structure, or utility shall at all times assume full responsibility for such demolition and shall hold harmless and indemnify the city and the building official from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the demolition work.

 

c. Commencement and completion of work. See section 18-19(c)(4), pertaining to expiration of permits for demolition work.

 

d. Damage to public property. The permit holder assumes liability for any incurred damage to public property.

 

(4) Temporary structures and uses.

 

a. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

 

b. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the code as necessary to ensure the public health, safety and general welfare.

 

c. Permits for temporary electrical service installations not to exceed 90 days' duration may be granted for fairs, carnivals, exhibitions, exterior lighting for decorative display and similar purposes. Permits for temporary electrical service installations not to exceed 180 days' duration may be granted for construction jobs. The time limit shall be subject to renewal, if requested in writing and if the building official determines that the temporary permit is not being used to evade the requirements of permanent electrical service installation, will not adversely affect the public safety, or is justified because of circumstances not within the control of the permit holder.

 

d. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

 

(5) Conditional permits. Upon written application, the building official may issue conditional permits, which shall not be considered a building permit for the purpose of chapter 66 of the Code of Ordinances, pertaining to subdivisions.

 

(6) Special nighttime building permits.

 

a. Notwithstanding any other provision of this code or of any other provision of the Code of Ordinances, no construction work, including excavation, demolition, hauling, dumping or filling, may be performed between the hours of 9:00 p.m. and 7:00 a.m. within 500 feet of an occupied residential structure located in an area zoned residential unless the building official issues a special building permit authorizing the work. The following types of construction work are exempted from the requirement of obtaining special nighttime building permit:

 

1. Emergency work authorized pursuant to subsection (a)(1) of this section.

 

2. Construction work being completely conducted inside a closed-in structure whenever such construction work does not involve the use of jackhammers, air compressors or other heavy equipment or continuing truck operations.

 

3. Roofing during the months of June through September, both inclusive.

 

4. Framing activities for conventional, wood-framed residential structures during the months of June through September, both inclusive.

 

b. The building official shall address in each special building permit issued authorizing nighttime work the following items:

 

1. Traffic routes to be used by construction equipment and trucks;

 

2. Means of lighting the construction site or place of operation;

 

3. Whether the noise level shall be a provision of the permit;

 

4. The type of work to be done and the nature of the project; and

 

5. Density of the residential area potentially affected by the nighttime work.

 

c. The director of health and director of public works are authorized to assist the building official in establishing criteria for the issuance of a special building permit authorizing nighttime work.

 

(7) Annual permits. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permits. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

 

(b) Exempted work. A permit shall not be required for the types of work in each of the separate classes of permit as listed in this subsection. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the city.

 

(1) Building permits. A building permit shall not be required for the following:

 

a. One-story detached accessory buildings used as tool and storage sheds, playhouses, garages, carports, and similar uses, provided the projected roof area does not exceed 200 square feet (18.58 m2 ).

 

b. Oil derricks.

 

c. Movable cases, counters and partitions not over five feet nine inches (1753 mm) in height.

 

d. Retaining walls which are not over four feet (1219 mm) in height measured from grade on the low side of the wall, unless supporting a surcharge or impounding flammable liquids or when adjacent to a public right-of-way.

 

e. Fences.

 

f. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed two to one.

 

g. Platforms and decks not more than 30 inches (762 mm) above grade at any point and not over any basement or story below.

 

h. Temporary motion picture, television and theater stage sets and scenery.

 

i. Window awnings supported by an exterior wall of a Group R-3 and Group U occupancies when projecting not more than 54 inches (1372 mm).

 

j. Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than 24 inches (610 mm) deep, in which the pool walls are entirely above the adjacent grade and which do not exceed 5,000 gallons (18,927 L).

 

k. Reroofing (replacement of roof coverings) one- and two-family residences with light roof covering or reroofing other structures in accordance with the requirements of this code pertaining to materials and installation methods. Exempted reroofing work does not include replacement of roof sheathing/deck or structural modifications or alterations to the building or structure.

 

l. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city. Administrative office buildings for such franchised utilities shall require building permits as described in subsection (a)(1) of this section.

 

m. Replacement of exterior wall covering for detached one- and two-family dwellings.

 

n. Replacement of doors and windows in existing openings where fire resistance, smoke control and opening protection are not required by article II.

 

o. Repairs of holes in plaster or gypsum board walls.

 

p. Installation or replacement of wall or floor mounted cabinets (kitchen, bath, etc.).

 

q. Painting, papering, installation of carpeting/floor coverings and similar finish work.

 

r. Installation or replacement of exterior gutters and downspouts.

 

s. Tuckpointing brick and/or stone masonry.

 

t. Replacement of soffits and wall or roof sheathing less than 32 square feet (2.97 m2 ) in area for one- and two-family dwellings.

 

u. Replacement of interior or exterior trimwork.

 

v. Boarding up vacant buildings.

 

w. Walks, patios and driveways constructed on existing grade.

 

x. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

 

y. Swings and other playground equipment accessory to one- and two-family dwellings.

 

z. Grading or excavation of any land or premises under at least one of the following conditions:

 

1. When approved by the building official, grading in an isolated, self-contained area provided there is no danger to private or public property;

 

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit;

 

3. Cemetery graves;

 

4. Refuse disposal sites authorized and controlled by other regulations;

 

5. Excavations for wells, or trenches for utilities.

 

 

6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

 

7. Exploratory excavations under the direction of soils engineers or engineering geologists;

 

8. An excavation which:

 

i.                     Is less than two feet in depth; or

 

ii. Which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

 

9. A fill, placed on natural terrain with a slope flatter than five horizontal to one vertical, and which does not obstruct a drainage course, provided that such fill is either: less than one foot in depth; or, is less than three feet in depth, does not exceed 50 cubic yards on any one lot or parcel, and is not intended to support structures.

 

(2) Mechanical permits. A mechanical permit shall not be required for the following:

a. Any portable heating appliance.

 

b. Any portable ventilating equipment.

 

c. Any portable cooling unit.

 

d Any portable evaporative cooler.

 

e. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this code.

 

f. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

 

g. Replacement of grills and diffusers on existing mechanical ductwork.

 

h. Any self-contained refrigeration system that contains ten pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of one horsepower (0.75 kW) or less.

 

i. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to mechanical work. Administrative office buildings for such franchised utilities shall require mechanical permits as described in subsection (a)(1) of this section.

 

(3) Plumbing permits. A plumbing permit shall not be required for the following:

 

a. Repairs which involve only the working parts of a faucet or valve.

 

b. Clearance of stoppages.

 

c. Repairing or replacement of defective fixtures or valves provided alterations or extensions of piping systems are not made.

 

d. Replacement and repair of lavatory and sink traps.

 

e. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to plumbing work. Administrative office buildings for such franchised utilities shall require plumbing permits as described in subsection (a)(1) of this section.

 

(4) Elevator permits. An elevator permit shall not be required for the following:

 

a. Material hoists within the scope of ANSI A10.5.

 

b. Mobile scaffolds, towers and platforms within the scope of ANSI A92.

 

c. Powered platform and equipment for exterior and interior building maintenance within the scope of ANSI A120.1.

 

d. Conveyors and related equipment within the scope of ASME B20.1.

 

e. Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30.

 

f. Industrial trucks within the scope of ASME B56.

 

g. Portable equipment, except for portable escalators, which are covered by article IX of this chapter.

 

h.                   Tiering or piling machines used to move material to and from storage located and operating entirely within one story.

 

i. Equipment for feeding or positioning material at machine tools, printing presses, etc.

 

j. Skip or furnace hoists.

 

k. Wharf ramps.

 

l. Amusement devices.

 

m. Stage and orchestra lifts.

 

n. Lift bridges.

 

o. Railroad car lifts or dumpers.

 

p. Mechanized parking garage equipment.

 

q. Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator.

 

r. Mine elevators not located in or adjacent to a building or structure.

 

s. Manlifts within the scope of ASME 90.1.

 

t. Platform elevators installed in a ship or offshore drilling rig and used for the purpose of loading and unloading cargo, equipment and personnel.

 

u. Shipboard elevators.

 

v. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to elevator work. Administrative office buildings for such franchised utilities shall require elevator permits as described in subsection (a)(1) of this section.

 

(5) Electrical permits. An electrical permit shall not be required for the following:

 

a. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

 

b. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to electrical work. Administrative office buildings for such franchised utilities shall require electrical permits as described in subsection (a)(1) of this section.

 

c. The installation, alteration or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution or metering of electricity.

 

d. The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

 

e. Replacement of snap switches, receptacles and fixtures (other than ceiling fans) where no alteration or extension of an existing circuit is required.

 

(6) Sign permits. A sign permit shall not be required for the following:

 

a. The advertising copy or message, on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exemption.

 

b. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

 

c. Any sign placed or painted on the inside of a building or on the inside or outside of any bus, taxicab or other vehicle.

 

d. Any sign painted or lettered directly on the wall of any building or structure which advertises the name of the owner or lessee or sublessee of the building, or the products manufactured, sold or stored in such building; or any sign painted on the surface of any window or door of a building.

 

e. Miscellaneous traffic or other municipal signs, danger signs, railroad crossing signs, legal notices or trespassing signs, or signs of public service companies indicating danger or aids to service or safety.

 

f. Emergency, nonadvertising signs.

 

g. Bulletin boards for public, charitable or religious institutions when such bulletin boards are located on the premises of the institution.

 

h. Real estate signs advertising the sale, rental or lease of the premises on which they are maintained; provided that there is not more than one such sign for any street frontage and the total gross area does not exceed 32 square feet (2.97m2 ).

 

i. Tablets constructed of bronze, brass, stone or other noncombustible materials, when built or attached to the walls of a building or other structure, provided that such tablets bear only the name of the owner, the name or use of the building, the date of erection of the building or commemorative matter.

 

j. Signs announcing the name of the architect, engineer and contractors of a building under construction, alteration or repair, and announcing the character of the building enterprise or the purpose for which the building is intended.

 

k. Signs of public service companies indicating danger, ownership of property, offices, or places where their service is available to the public, when the signs are placed flat against the wall of a building or other structure.

 

l. Signs less than ten square feet in area in residential zoning districts.

 

Section C. 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