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Store Size Cap – Kansas City, MO

| Written by admin | No Comments | Updated on Dec 2, 2008 The content that follows was originally published on the Institute for Local Self-Reliance website at http://www.ilsr.org/rule/store-size-caps/2261-2/

In November 2000, the Kansas City Council voted to approve two new ordinances that will protect the Brookside neighborhood from large-scale, suburban-style chain store development.

The first, Ord. No. 1442, creates the Brookside Business District as a special zoning district, with its own rules and requirements. The district encompasses a 10.3 acre neighborhood with a mix of residential, office, and commercial uses.

The second, Ord. No. 1441, restricts retail uses in the area to 10,000 square feet, except for grocery stores, which may be as large as 25,000 square feet; prohibits drive-through restaurants; limits building heights; caps the number of parking spaces allowed; and sets architectural and design standards for the neighborhood.

The purpose of the new zoning rules is to protect and maintain Brookside’s small-scale, neighborhood-serving businesses and pedestrian nature. The ordinance specifies that auto-dependent businesses that serve a larger geographical area are inappropriate for the district.


ORDINANCE NO. 001442

AmendingChapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0319, rezoning an area of approximately 10.3 acres generally bounded by Wornall Road, Brookside Boulevard and KCATA right of way on the west, Main Street on the east, a line approximately 140 feet north of 63rd Street, 62nd Terrace and a line approximately 120 feet north of 62nd Terrace on the north, and lines approximately 150 feet, 110 feet and 250 feet north of Meyer Boulevard and a line approximately 130 feet south of 63rd Street on the south from District C-2 (Local Retail Business) to District BBD (Brookside Business District).

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

SectionA. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0319, rezoning an area of approximately 10.3 acres generally bounded by Wornall Road, Brookside Boulevard and KCATA right of way on the west, Main Street on the east, a line approximately 140 feet north of 63rd Street, 62nd Terrace and a line approximately 120 feet north of 62nd Terrace on the north, and lines approximately 150 feet, 110 feet and 250 feet north of Meyer Boulevard and a line approximately 130 feet south of 63rd Street on the south from District C-2 (Local Retail Business) to District BBD (Brookside Business District), said section to read as follows:

Section 80-11A0319. That an area legally described as:

1. 302-28 West 63rd Street. All of Lots 10 through 16, Block 12, "Blocks 11, 12, 13 & A of Wornall Homestead", a subdivision in Kansas City, Jackson County, Missouri, except that portion in 63rd Street as now established.
2./3. 6225-49 Brookside Boulevard/6223 Brookside Boulevard. All of Lots 6 and 7 lying south of 62nd Terrace as now established and all of Lots 8 through 11 inclusive, Block 13,"Blocks 11, 12, 13 & A of Wornall Homestead", a subdivision in Kansas City, Jackson County, Missouri, except that portion of Lot 11 in 63rd St as now established.
4. 14 West 62nd Terrace. All that part of Block A, "Blocks 11, 12, 13 & A of Wornall Homestead", a subdivision in Kansas City, Jackson County, Missouri, lying north of 62nd Terrace and west of Main Street and east of Brookside Plaza, all as now established.
5./6. 12-128 West 63rd Street/6227 Brookside Plaza. All that part of Block A, "Blocks 11, 12, 13 & A of Wornall Homestead", a subdivision in Kansas City, Jackson County, Missouri, lying south of 62nd Terrace and north of 63rd Street and west of Main Street and east of Brookside Plaza, all as now established.
7.-10. 6314 Brookside Plaza. Lots 1 through 5, inclusive, Block 7, Meadow Park, Park, a subdivision in Kansas City, Jackson County, Missouri.
11. – 20. Lots 1 through 3, inclusive and Lots 16 through 24, inclusive, Block 6, Meadow Park a subdivision in Kansas City, Jackson County, Missouri, except that portion in the right of way of 63rd Street and Brookside Plaza, as now established.
21. to Lots 1 through 3, inclusive and Lots 22 through 24, inclusive, Block 5,
24. Meadow Park a subdivision in Kansas City, Jackson County, Missouri, except that portion in the right of way of 63rd Street, as now established.
25. That portion of a 100 foot wide tract reserved for the Kansas City & Westport Belt Railway Company by the plat of "Blocks 11, 12, 13 & A of Wornall Homestead", a subdivision in Kansas City, Jackson County, Missouri, lying north of the centerline of 63rd Street and lying south of the easterly prolongation of the centerline of 62nd Terrace as platted, and that portion lying east of the centerline of said tract and lying north of the easterly prolongation of the centerline of 62nd Terrace as platted and lying south of the westerly prolongation of the north line of Block A,"Blocks 11, 12, 13 & A of Wornall Homestead", all in the NW 1/4 Section 5 Township 48 North Range 33 West, Kansas City, Jackson County, Missouri.
26. The easterly 50 feet of a tract reserved for the Kansas City & Westport Belt Railway Company by the plat of Meadow Park, a subdivision in Kansas City, Jackson County, Missouri, lying south of the centerline of 63rd Street and lying north of the westerly prolongation of the south line of Lot 5, Block 7, Meadow Park all in the SW 1/4 Section 5 Township 48 North Range 33 West, Kansas City, Jackson County, Missouri.

is hereby rezoned from District C-2 (Local Retail Business) to District BBD (Brookside Business District), all as shown outlined on a map marked Section 80-11A0319, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

Section B. 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.


ORDINANCE NO. 001441

Amending Chapter 80, Code of Ordinances, by adding a new Section 80-135, District BBD (Brookside business district).

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by adding a new Section 80-135, District BBD (Brookside business district), said section to read as follows:

Sec. 80-135. District BBD (Brookside business district).

(a) Purpose. District BBD is intended to permit development and continuance of small-scale retail, service and office uses, designed to serve adjacent residential neighborhoods; or larger trade areas with small-size specialty shops and services such as antique shops, travel agencies and other related activities. Combined commercial-residential (mixed use) structures are appropriate in this district. General retail uses intended to draw from a larger area, and having a substantial reliance on automobile-based customer trips, are better located in more intensive commercial districts. Parking requirements in this district recognize the pedestrian and transit orientation of customer trips, and the shared use of both on-street and off-street parking.

(b) Use regulations. In district BBD, 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 or a combination of the following uses:

(1) Principal uses.

a. Any use permitted in district R-4.

b. Professional services:

1. Artists’ studios except tattoo parlors and body piercing studios.
2. Clinics, for people only.
3. Office buildings.
4. Photographic studios.

c. Retail and personal services:

1. Banks, savings and loan associations and other financial institutions, including automatic tellers and accessory drive-up services, provided that there are five on-site reservoir spaces per drive-up window or automatic teller.
2. Barbershops or beauty shops.
3. Bicycle repair shops.
4. Dancing schools.
5. Dyeing and dry cleaning shops and laundry services. No dust, lint, noise, vibration or odor generated by the plant operation shall be perceptible from any adjoining premises. Only nonflammable, nonexplosive synthetic solvents shall be used.
6. Electrical appliance, radio or television repair shops.
7. Eleemosynary uses, including shelters for the homeless. Such uses shall be considered nonresidential for purposes of subsection (c) of this section.
8. Grooming for small pets, provided that no animals are kept overnight, that there are no kennels on the premises and that the entire operation is carried on within a building.
9. Laundromats, coin-operated, or self-service laundries or self-service dry cleaning shops with no accessory drive-up service windows. All equipment shall be so installed and anchored as to eliminate vibration. No dust, lint, noise or odor generated by this operation shall be perceptible at the boundaries of the premises.
10. Music studios.
11. Printing and reproduction services.
12. Shoe repair shops.
13. Tailor shops.
14. Travel agencies.

d. Transportation services:

1. Service stations for the sale and dispensing of gasoline and oil only with a maximum of four fueling islands, but not including body or fender repair work.
2. Bus stations for passenger pickup and discharge only.
3. Garages for motor repair of passenger vehicles.
4. Taxicab businesses, including garage, servicing and parking facilities.

e. Retail commercial except pawnshops:

1. Antique stores.
2. Bakery or pastry shops (retail only).
3. Book stores.
4. Clothing or ready-to-wear stores.
5. Confectionery stores.
6. Drugstores with no accessory drive-up service
7. Dry goods or notions stores.
8. Florists or gift shops.
9. Furniture homes or stores.
10. Grocery, fruit or vegetable stores.
11. Hardware stores.
12. Jewelry stores.
13. Meat markets or delicatessens.
14. Media stores.
15. Package liquor stores, if they comply with chapter 10.
16. Photographic shops.
17. Restaurants, excluding drive-ins, and with no accessory drive-up service. The serving of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants serving substantial quantities of food as contained in chapter 10.
18. Shoe stores.
19. Stationery stores.
20. Video stores
21. Pet shops, if entirely within a building.
22. Bars or cocktail lounges, when in conformance with chapter 10.
23. Business and commercial schools.
24. Commercial photography and processing.
25. Frozen food lockers for individual or family use.
26. Job printing, newspapers, lithography and publishing.
27. Nightclubs or taverns, when in compliance with chapter 10.
28. Package liquor stores, when in compliance with chapter 10.
29. Recreation centers and activities within a building enclosed with walls and a roof, including but not limited to arcades, skating rinks, trampoline centers, batting cages, dancehalls, pool halls, pony tracks or rings for children only, miniature golf courses and miniature trains, and theaters or movies (other than drive-ins).

e. Miscellaneous:

1. Public utility stations or substations or terminals.
2. Small animal hospitals if in a soundproofed and air conditioned building without outside pens. The boarding of well animals is permitted as an accessory use; provided that the operation is enclosed within a building, is soundproofed, and is adequately ventilated; provided, further, that such animals may be exercised outside the building as long as noise levels created do not exceed 80 decibels at property lines shared with commercially zoned property or 60 decibels at property lines shared with residentially zoned property.

f. Other business or service activities of the character enumerated in this subsection, not included in any other category.

(3) Accessory uses.

a. Accessory uses customarily incidental to a local retail activity; provided however, car washes are specifically not permitted as an accessory use to a service station.

b. Drive-in, drive-up or drive-through facilities are not permitted as an accessory use except for banks, savings and loan associations and other financial institutions.

c. Motion picture arcade booths are not permitted as an accessory use in this zoning district nor in any other zoning district in the zoning ordinance.

(c) Height, yard and area regulations.In district BBD, the height of the buildings or structures, 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 two and one-half stories or 35 feet in height.

(2) Front yards.

a. Single-family residential dwelling structure. Same as in district R-4. All other residential dwelling structures shall conform with the requirements contained in subsection (g), architectural standards.

b. Nonresidential or mixed use structure shall conform with the requirements contained in subsection (g), architectural standards. Mixed use structure shall be defined as a structure containing both residential and nonresidential uses.

(3) Side yards.

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

b. Nonresidential or mixed use structure. There shall be a side yard along the side line of a property in the business district, which line abuts, adjoins or is within eight feet of a boundary of a residential district, districts R-1, R-2, R- 3, R-4 and R-5, equal to eight feet, measured from the residential district boundary line. Otherwise no side yard is required. In the event of a conflict, those regulations identified in subsection (g), architectural standards, of this section shall take precedence over these regulations.

(4) Rear yards.

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

b. Nonresidential or mixed use structure. Same as in district C-1. In the event of a conflict, those regulations identified in subsection (g), architectural standards, of this section shall take precedence over these regulations.

(5) Lot area.

a. Residential dwelling structures.

1. For one-and two-family dwellings, 4,000 square feet.
2. For three-family dwellings, including conversions, 5,000 square feet.
3. For dwellings with more than three families, other than row houses or apartment houses 5,000 square feet, with 1,000 square feet additional for each family over three.
4. For row houses, 1,000 square feet per family.

b. Apartment houses and mixed use structures. For apartment houses or for business and residence purposes, 350 square feet per family. The further limitations on buildings used jointly for apartment house uses or for business and residence purposes, per section 80-250(6)a and b shall not apply.

c. Nonresidential structures. There shall be no lot area requirement for nonresidential structures.

(d) Parking and loading regulations. Loading regulations for all uses and parking for buildings erected exclusively for dwelling purposes shall be as provided in section 80-444 and 80- 445. There are no minimum non-residential parking requirements in this district. An individual non-residential use may not provide more than one and one-half times the minimum parking requirements of Section 80-444 on the same lot or on a combination of the same and contiguous lots, provided however, any individual use may provide up to six parking spaces. Multiple tenants in a common structure or structures sharing a common wall shall be considered an individual use for purposes of this calculation. Mixed use structures may provide a maximum of one parking space per dwelling unit for purposes of this calculation.

(e) Signs. Signs shall be allowed as permitted in Section 80-220 (c) (1), except that 80-220 (c) (1) a. (pylon signs), 80-220(c)(1)b. (monument signs), 80-220 (c) (1) e. (digital equipment displays), 80-220 (c) (1) f.(changeable copy panels), 80-220 (c) (1) m. (roof signs) and 80-220 (e)(outdoor advertising signs) are not permitted in this district. Signs, except for incidental or temporary signs, shall contain only the name and/or logo of the business and a general description of the products or services offered. Further, signs for the uses of land as designated in section 80- 41(3)(a) shall conform as provided in section 80-42(c)(6) except that freestanding signs, including pole signs and monument signs, are not permitted in this district. For purposes of this district, and the definition of "sign" per Section 80-20 (a)notwithstanding, a licensed or unlicenced vehicle, boat or trailer displaying advertising copy, other than an operable vehicle used in the daily conduct of business, is considered a sign, and is prohibited.

(f) Maximum building size. No building except grocery stores in this district shall exceed 10,000 square feet in area for any single floor. "Building" for this purpose is defined as a separate structure or a building or tenant space sharing a common wall through which no access is allowed. Grocery stores shall not exceed 25,000 square feet in area for any single floor.

(g) Architectural standards

(1)Structures other than single-family residential dwelling structures. All structures, except for single-family residential dwelling structures, shall be built to the street right of way line. Such structures on lots with frontage on more than one street line need only be built to one street line. At least three square feet of window or door openings per lineal foot of street wall frontage shall be provided on the first floor elevation. For new construction or exterior renovation of existing structures, exterior materials, except doors and windows, shall be of stone, brick, stucco or wood.

(2)Screening. Parking for non-residential or mixed use structures must be screened from the street by a wall, fence, landscaping or berm between 18 inches and 42 inches in height. Roof-mounted mechanical equipment must be screened from the view of the street and adjacent property. Dumpsters and other waste receptacles must be enclosed by a solid wall or fence at least as high as the receptacles.

(3)Fences. New fences for non-residential or mixed use structures, other than those erected in satisfaction of the screening requirements of Section 52-34 (Parking Stations) of the Code of Ordinances or those enclosing dumpsters and other waste receptacles per (g)(2) of this subsection, must be of wrought iron or decorative steel construction. Chain link fences, with or without opaque slat inserts, are prohibited in this district.

(4) Lighting. Floodlights or lights which illuminate open areas in connection with any of the uses listed in this section shall be so arranged as to reflect the light away from any adjoining residential property, and the intensity shall not exceed two lux measured at any property line.

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

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