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Legislation #: 970176 Introduction Date: 2/13/1997
Type: Ordinance Effective Date: 8/16/1998
Sponsor: None
Title: Amending chapter 80, Code of Ordinances, commonly known as the zoning ordinance, by enacting a new section 80-151(b)(1)e.7 entitled "Wireless communications facilities" for zoning district C-3.

Legislation History
DateMinutesDescription
2/13/1997

Prepare to Introduce

2/13/1997

Referred Planning, Zoning & Economic Development Committee

3/5/1997

Hold Off Agenda

7/29/1998

Do Pass as a Committee Substitute

7/30/1998

Assigned to Third Read Calendar

8/6/1998

Passed


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970176

 

Amending chapter 80, Code of Ordinances, commonly known as the zoning ordinance, by enacting a new section 80-151(b)(1)e.7 entitled Wireless communications facilities for zoning district C-3.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Wireless communications facilities - C-3 districts. That for the purpose of enacting a new section 80-151(b)(1)e.7, Code of Ordinances, section 80-151 is repealed and a new section 80-151 is enacted to read as follows:


 

Sec. 80-151. District C-3a1 (intermediate business, low buildings).

 

(a) Purpose. District C-3a1 is intended to serve regional trade areas by permitting large-scale commercial development of more intensive uses than allowed in the C-2 district. Such areas should be adjacent to major thoroughfares carrying regional traffic. Certain distribution and wholesale uses are first permitted in this district.

 

(b) Use regulations. In district C-3a1, 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:

 

(1) Principal uses.

 

a. Any use permitted in district C-2.

 

b. Retail services:

 

1. Bookbinding.

 

2. Diaper services.

 

3. Dyeing and dry cleaning plants.

 

4. Film exchanges.

 

5. Meat processing; provided that there is no slaughtering or rendering on premises, that all waste is stored within a building, that all loading and unloading shall be done in a recessed loading area on the premises with all truck ingress and egress to be from a major thoroughfare, that employee parking shall be provided in accordance with requirements for industrial buildings, and that no noxious odors are created on the premises.

6. Newspapers, job printing, lithographing and publishing.

 

7. Photograph printing shops.

 

8. Plumbing or sheetmetal shops (allowing punching of material one-eighth inch or less in thickness).

 

9. Shooting galleries.

 

10. Sign painting and sign shops.

 

11. Taxidermy.

 

12. Trade schools.

 

c. Automobile-related and automobile-oriented uses:

 

1. Auto body shops, provided that:

 

i. All work shall be done within the building.

 

ii. All inoperable or wrecked vehicles shall be stored inside the building.

 

iii. No salvage operations shall take place on the site.

 

iv. All access shall be from a major thoroughfare.

 

v. The property must have a frontage of at least 50 feet along a major thoroughfare unless the property fronts on a street and all of the property fronting on such street within the same block and on both sides of the street is zoned district C-2 or greater intensity.

 

vi. The yard requirements listed in subsection (c) of this section shall apply unless the property abuts district R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6, in which case any building shall be set back at least 15 feet from the rear property line and 40 feet from any side property line. Parking is permitted in side or rear yards.

 

vii. Parking spaces must be provided at the rate of one space for every 300 square feet of gross floor area.

 

viii. The property must be screened from surrounding nonresidential property and from any property adjacent to the rear by a solid fence at least six feet in height, provided that the height of the fence may be reduced to four feet to provide adequate sight distance at any street or driveway intersection. Property must be screened from any residential property and from the public street as follows:

 

(a) From the public street, deciduous shade trees spaced 30 feet on center shall be used, if at least 20 feet exists between curb and building.

 

(b) From the public street and from residential property, smaller ornamental trees in groupings at 15 feet on center shall be used if there is not adequate space between the curb and building for shade trees. These trees should also be used, where there are adjacent residential properties, in the side yards.

 

(c) Fences at least six feet in height will be used as detailed in this subsection c.1 in all rear yards.

 

2. Drive-in theaters, upon approval of specific plans by the board of zoning adjustment, after a public hearing, and subject to the following conditions:

 

i. The property shall consist of not less than ten acres of land in a single tract or parcel not intersected or divided by any street, alley or by property belonging to any other owner.

 

ii. The plans for the screen tower, buildings and other structures shall have received the approval of the director of codes administration.

 

iii. The screen shall be obscured from main thoroughfares. Any lights used to illuminate the theater site shall be so arranged as to reflect the light away from adjoining property and streets.

 

iv. The plans shall have been approved by the director of city development, indicating undue traffic congestion due to the location and arrangement of the theater, including the car rows and aisles, and minimizing the danger of fire and panic.

 

v. Acceleration and deceleration lanes shall be provided along the public thoroughfare adjacent to the entrance and exit of the theater. Parking space for patrons awaiting admission shall be provided on the side in an amount equal to not less than 30 percent of the vehicular capacity of the theater.

 

vi. Vehicular circulation shall be so designed and constructed as to permit only one-way traffic within the boundaries of the tract on which the theater is located. Emergency exits shall be provided and shall meet the approval of the fire department.

 

vii. The plans shall be approved by the fire department.

 

viii. Definite plans for shrubbery and landscaping shall be presented to the board and made a part of the permit. The board shall also approve the design of the fence surrounding the site.

 

ix. The nearest point of theater property, including driveways and parkway areas, shall be at least 750 feet from the boundary of a district zoned for residential use. This condition may be modified by the board where topographical considerations make the requirement excessive. The board may require any other condition that will safeguard the public health or welfare of the community.

 

3. Drive-in businesses.

 

4. Parking stations for trucks and buses.

 

5. Public garages, with the same conditions listed in this section for auto body shops.

 

6. Streetcar and bus barns.

 

7. Used car sales lots or trailer sales garages.

 

d. Distribution and wholesale uses:

 

1. Bakeries, wholesale, provided that the property adjoins or abuts an industrial district and all loading and unloading operations adjoin such industrial district, and subject to approval of the board of zoning adjustment after public hearing and notice and after due consideration as to the effect upon the present and future character of surrounding properties.

 

2. Bottling works for soft drinks only, provided that the building is soundproofed and air conditioned and recessed loading and unloading space is provided and that the property is more than 100 feet from any property zoned for districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O and R-6.

 

3. General distribution and wholesaling.

 

4. Manufacture of articles to be sold at retail on the premises only.

 

5. Storage, in bulk, within a building, or warehouses for automobiles, clothing, drugs, dry goods, furniture, hardware, household goods, glass, groceries, lubricating oil, millinery, paints and paint materials, pipes, rubber, shop supplies, tobacco, turpentine and varnish; also, office and warehouse structures of general building contractors for the storage of other than heavy construction equipment, provided all storage is within the building, and sufficient space is provided for truck loading, unloading and parking to be entirely on private property.

 

6. Transfer and storage offices or warehouses.

 

7. Wholesale uses as follows: Any use listed for districts C-1, C-2 and C-3a1, except where a wholesale use is specifically listed, and not including uses listed in district C-4 and in industrial districts, is permitted in this district as a wholesale use. Manufacture of products is permitted in connection with such wholesale uses, providing the area devoted to such manufacturing is limited to less than 50 percent of the floor area when the entire use is on one floor, or, in a multistoried building, not over the equivalent of the area of one floor, where the entire use occupies more than one floor.

 

e. Miscellaneous:

 

1. Armories.

 

2. Battery stations.

 

3. Cabinet and carpenter shops.

 

4. Fiestas and street fairs.

 

5. Tourist camps and motels.

 

6. Laundries.

 

7. Wireless communication facilities. Wireless communication facilities may be located as provided for in district C-2 with the following exceptions:

 

(a) 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 a C-3 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 district. A wireless communications facility shall be located no less than 200 feet from any residential structure located within a residential 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 district shall equal the height of the facility.

 

(b) 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.

 

(2) Accessory uses. Accessory uses customarily incident to the uses listed in subsection (b)(1) of this section.

 

(c) Height, yard and area regulations. In district C-3a1, 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, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements in district R-4:

 

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

 

(2) Front yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. There need be no front yard in this district.

 

(3) Side yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. There need be no side yard in this district.

 

(4) Rear yards.

 

a. Residential dwelling structure. Same as district R-4.

 

b. Nonresidential structure, including hotel and motel. Same as for district C-1.

 

(5) Lot area. Same as for district C-1, except that for apartment houses, apartment hotels, hotels and buildings used jointly for hotel and apartment house uses or for business and residence purposes, the minimum shall be 350 square feet.

 

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

 

(e) Signs. Sign regulations shall be as provided in section 80-220.

 

_________________________________________________________

 

Approved as to form and legality:

 

 

 

 

____________________________________

Assistant City Attorney