ORDINANCE NO. 250530
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Sponsor: Mayor Quinton Lucas
Amending Chapter 88, the Zoning and Development Code, by repealing Section 88-805-04, “Commercial Use Group,” and enacting in lieu thereof a new section of like number and subject matter to establish special use permit requirements and operational standards for used motor vehicle sales lots.
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WHEREAS, the City of Kansas City Municipal Code Section 88-805-04-X(3) currently allows light equipment sales/rentals, including used motor vehicle sales, in certain zoning districts;
WHEREAS, used motor vehicle sales establishments can have significant impacts on surrounding properties and neighborhoods through outdoor display and storage of inventory, frequent customer and delivery traffic, and operational activities;
WHEREAS, certain used motor vehicle dealers have engaged in practices that negatively impact consumers, particularly those with limited economic means, and surrounding neighborhoods;
WHEREAS, the City has determined that additional oversight through a special use permit process and enhanced operational standards are necessary to protect public health, safety, welfare, and neighborhood character;
WHEREAS, these enhanced requirements will ensure that used motor vehicle sales establishments operate as responsible commercial neighbors while maintaining their economic viability; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KANSAS CITY:
Section 1. That Chapter 88, Zoning and Development Code, is hereby amended by repealing Section 88-805-04, “Commercial Use Group,” and enacting in lieu thereof a new section of like number and subject matter to establish special use permit requirements and operational standards for used motor vehicle sale lots, said section to read as follows:
88-805-04 COMMERCIAL USE GROUP
The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use categories.
88-805-04-A. ADULT BUSINESS
"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 will not be considered a single use category.
1. ADULT CABARET
An adult live entertainment facility, or that part of an adult live entertainment facility, that 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.
2. ADULT MEDIA STORE
An establishment that rents and/or sells adult media and that meets any of the following tests:
(a) More than 40% of the gross public floor area is devoted to adult media;
(b) More than 40% of the stock in trade consists of adult media; or
(c) A media store that advertises or holds itself out in any forum as "XXX," "adult," "sex" or otherwise as an adult business.
3. ADULT MOTION PICTURE THEATER
A building or portion of a building (including any portion of a building that 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.
4. BATHHOUSE
An establishment or business that 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.
5. MASSAGE SHOP
An establishment that 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 does not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.
6. MODELING STUDIO
Modeling studio means an establishment or business that 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.
7. SEX SHOP
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 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 10% of the stock in trade of the business or occupies more than 10% of the gross public floor area of the business;
(b) More than 5% of the stock in trade of the business consists of sexually-oriented toys or novelties; or
(c) More than 5% of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.
88-805-04-B. ANIMAL SERVICES
The following are animal services use types:
1. SALES AND GROOMING
Sales and grooming of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons, and pet grooming shops.
2. SHELTER OR BOARDING KENNEL
Animal shelters and kennel services for dogs, cats, and small animals. Typical uses include boarding kennels, pet resorts/hotels, dog training centers, and animal rescue shelters.
3. VETERINARY
Typical uses include pet clinics, dog and cat hospitals, and animal hospitals.
4. STABLE
Stables and boarding facilities for horses and similar large animals.
88-805-04-C. ARTIST WORK OR SALES SPACE
Floor space devoted to the production, showing, or sale of art. Typical uses include art galleries and artist studios, but not including art museums. Art museums are classified in the "Libraries and Cultural Exhibits" use category.
88-805-04-D. BUILDING MAINTENANCE SERVICE
Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance, and window cleaning services. Also includes exterminator services for residential, commercial, or industrial applications.
88-805-04-E. BUSINESS EQUIPMENT SALES AND SERVICE
Sales, rental, or repair of office, professional and service equipment and supplies to companies rather than to individuals. Excludes automotive and heavy equipment sales or service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
88-805-04-F. BUSINESS SUPPORT SERVICE
Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Typical uses include employment agencies and telephone answering services and business or trade schools. Business or trades schools that involve outdoor storage and work areas or manufacturing processes are not considered business support services but rather are to be classified in an Industrial use group category.
1. DAY LABOR EMPLOYMENT AGENCY
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 at the day labor business premises to make application for work as a day laborer, to obtain assignment for day labor, to obtain transportation to a day labor site or to obtain 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) the 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 work.
88-805-04-G. COMMUNICATIONS SERVICE ESTABLISHMENTS
Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "major utilities and services" and "minor utilities." Typical uses include recording studios, television and radio studios, telecommunication service centers, data centers, and telegraph service offices.
88-805-04-H. DRIVE-THROUGH FACILITY
Any service window, automated device or other facility that provides goods or services to individuals in a motor vehicle. Also includes "drive-in" businesses and facilities, such as drive-in restaurants and car washes.
88-805-04-I. EATING AND DRINKING ESTABLISHMENTS
Provision of prepared food and/or beverages for on- or off-premises consumption. Typical uses include restaurants, taverns, and nightclubs.
1. RESTAURANT
An establishment primarily engaged in serving prepared food to the public and in which sales of such prepared foods and meals constitutes at least 50% of the establishment's gross income, pursuant to Chapter 10 of the municipal code.
2. TAVERN OR NIGHTCLUB
An establishment that is not a restaurant and that is primarily engaged in the serving of alcohol for consumption on the premises or engaged in allowing the smoking of tobacco or other substances.
88-805-04-J. ENTERTAINMENT VENUES AND SPECTATOR SPORTS
Provision of cultural, entertainment, athletic and other events to spectators, such as occurs in theaters, cinemas, auditoriums, fairgrounds, sports stadiums and racetracks. The following are spectator sports and entertainment use types:
1. SMALL VENUE
Entertainment and spectator sports establishments with a capacity of no more than 149 persons. Typical uses include small theaters and meeting or banquet halls.
2. MEDIUM VENUE
Entertainment and spectator sports establishments with a capacity of more than 149 and fewer than 500 persons. Typical uses include theaters and meeting or banquet halls.
3. LARGE VENUE
Entertainment and spectator sports establishments with a capacity of 500 persons or more. Typical uses include large theaters, cinemas and meeting or banquet halls.
4. OUTDOOR VENUE
Entertainment and spectator sports functions held outdoors. Typical uses include theaters, fairgrounds, sports stadiums, and racetracks.
88-805-04-K. FINANCIAL SERVICES
Financial or securities brokerage services. Typical uses include banks, savings and loans, credit unions, mortgage companies, pawnshops, and short-term loan establishments.
1. BANK
An establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. "Bank" also includes credit unions that are federally or state chartered, and mortgage companies that provide mortgage loans as a principal part of their operation, with the loans secured by an interest in real property as collateral for the loan.
2. PAWN SHOP
Businesses that lend money on the security of pledged goods or that is engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pawnshops and pawnbrokers are further governed by Chapter 367, RSMo.
3. SAVINGS AND LOAN ASSOCIATION
An establishment that is engaged in the business as a savings and loan association and is federally chartered or state chartered.
4. SHORT-TERM LOAN ESTABLISHMENT
An establishment which (a) engages in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck or car title, or (b) is registered as a lender under state or federal law. The classification does not include a state or federally chartered bank, savings and loan association, credit union, or mortgage broker or originator. Further, this classification does not include establishments selling consumer goods, including consumables, where the loans or the cashing of checks or money orders are incidental to the main purpose of the business. This classification does include, but is not limited to, check cashing stores, payday loan stores, and car title loan stores.
88-805-04-L. FOOD AND BEVERAGE RETAIL SALES
Retail sale of food and beverages for home consumption. Typical uses include groceries and liquor stores.
88-805-04-M. FUNERAL AND INTERMENT SERVICES
Provision of services involving the care, preparation, or disposition of human dead. The following are funeral and interment services use types:
1. CEMETERY/COLUMBARIUM/MAUSOLEUM
Land or facilities used for burial of the dead, including pet cemeteries.
2. CREMATING
Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums.
3. UNDERTAKING
Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.
88-805-04-N. GASOLINE AND FUEL SALES
Uses primarily engaged in retail sales of personal automobile and vehicle fuels, including principal and accessory structures associated with fuel sales, including DC fast charging, rapid, or level 3 battery charging stations, battery exchange stations and retail electric charging of vehicles.
88-805-04-O. LODGING
Provision of lodging services on a temporary basis of not more than 30 days, with incidental food, drink and other sales and services intended for the convenience of guests. The following are lodging use types:
1. BED AND BREAKFAST
A detached house in which the owner offers overnight accommodations and meal service to guests for compensation.
2. HOTEL/MOTEL
An establishment, other than a detached house, in which short-term lodging is offered for compensation and that may or may not include the service of one or more meals to guests. Typical uses include hotels, motels, and boarding houses.
3. RECREATIONAL VEHICLE PARK
A development site, parcel, or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation of not more than 30 days for placement of two or more recreational vehicles, including all buildings used or maintained for the use of the occupants in the recreational vehicle park.
88-805-04-P. OFFICE
1. ADMINISTRATIVE, PROFESSIONAL OR GENERAL OFFICE
Professional, governmental, executive, management, or administrative offices of private organizations or government agencies. Typical uses include administrative offices, law offices, architectural firms, insurance companies, and government offices.
2. MEDICAL OFFICE
Personal health services including prevention, diagnosis and treatment; rehabilitation services provided by physicians, dentists, nurses, and other health personnel; and medical testing and analysis services, including marijuana testing facilities. Typical uses include medical and dental offices, health maintenance organizations, blood banks, plasma centers, and government-operated health centers. Excludes use types more specifically classified, such as hospitals.
88-805-04-Q. PARKING, NON-ACCESSORY
Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non-accessory parking.
88-805-04-R. PERSONAL IMPROVEMENT SERVICE
Informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include hair salons, barber shops, beauty shops, nail salons, health clubs, yoga or dance studios, driving schools and martial arts studios.
88-805-04-S. REPAIR OR LAUNDRY SERVICE, CONSUMER
Provision of repair, dry cleaning, or laundry services to individuals and households, but not to firms. Excludes vehicle and equipment repair. Typical uses include laundry/dry cleaning drop-off stations (with no dry cleaning on the premises), hand laundries, appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.
88-805-04-T. RESEARCH SERVICE
An establishment that conducts educational, scientific, high-technology or medical research not involving the mass production, distribution, or sale of products. Includes marijuana testing facilities. Research services do not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property. Research-related establishments that do produce such external impacts are classified as "manufacturing, production, and industrial services."
88-805-04-U. RESIDENTIAL SUPPORT SERVICES
Commercial uses provided primarily to serve the needs of residents in large, multi-unit residential buildings. The following are considered residential support services:
1. Restaurants;
2. Financial services, except pawnshops, consumer loan agencies, and payday loan stores;
3. Food and beverage retail sales;
4. Medical office (other than blood/plasma center);
5. Administrative, Professional, or General Offices;
6. Personal improvement service; and
7. Retail sales establishments.
88-805-04-V. RETAIL SALES
Businesses involved in the sale, lease, or rent of new or used products or merchandise to consumers. Typical uses include drug stores, grocery stores, department stores, and apparel stores. Also includes comprehensive marijuana dispensary facilities and medical marijuana dispensary facilities.
1. OUTDOOR RETAIL SALES - CLASS A
Outdoor retail sales - class A are permanent uses outside of a completely enclosed building or structure used to display goods for sale to the general public as part of and subordinate to retail sales or similar business establishment. This includes but is not limited to garden supplies, building supplies, and plant materials.
2. OUTDOOR RETAIL SALES - CLASS B
Outdoor retail sales - class B are permanent uses where the majority of the retail space is outdoors and items are for sale to the general public. This includes but is not limited to garden nurseries, manufactured home sales, and recreational and play equipment sales.
88-805-04-W. SPORTS AND RECREATION, PARTICIPANT
Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). Examples include bowling alleys, skating rinks, billiard parlors, driving ranges and miniature golf courses, shooting and archery ranges, batting cages, and go-cart tracks.
88-805-04-X. VEHICLE SALES AND SERVICE
Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:
1. CAR WASH/CLEANING SERVICE
A building or site containing facilities for washing automobiles. It may use automatic production line methods-a chain conveyor, blower, steam cleaning device, or other mechanical device-or it may provide space, water and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the operator.
2. HEAVY EQUIPMENT SALES/RENTALS
Sale, retail or wholesale and/or rental from the premises of heavy construction equipment, trucks and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.
3. LIGHT EQUIPMENT SALES/RENTALS
Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, recreational vehicles and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicle sales and rental agencies.
Used Motor Vehicle Sales Special Requirements: Any establishment engaged primarily in the retail sale of used motor vehicles, or any expansion of an existing used motor vehicle sales establishment that increases inventory capacity by 25% or more, shall require a special use permit in accordance with the procedures set forth in Chapter 88 of the Municipal Code and shall comply with the standards established in Section 88-805-04-X(3)(a) of this Code.
(a) USED MOTOR VEHICLE SALES STANDARDS
Purpose: Vehicle sales and rental uses typically involve outdoor display and storage of inventory, frequent customer and delivery traffic, and operational activities that can impact adjacent properties if not properly regulated. Without appropriate standards, these uses may create adverse impacts including visual clutter and poor site aesthetics, inadequate traffic circulation and parking conflicts, noise from vehicle operations and customer activity, security concerns from unsecured inventory and premises, and incompatibility with residential neighborhood character.
These standards are designed to ensure that vehicle sales and rental establishments operate as responsible commercial neighbors while maintaining their economic viability. By establishing clear requirements for site design, operational practices, and structural improvements the City seeks to minimize potential conflicts with surrounding uses while preserving community character and property values.
The following standards shall apply to all used motor vehicle sales establishments requiring a special use permit:
a) Minimum Lot Area: The property must have a minimum lot area of two (2) acres in a single tract or parcel not intersected or divided by any street, alley, or property belonging to other owners.
b) Frontage Requirements: The property must have at least 250 feet of frontage on an arterial street.
c) Permanent Structure Required: The property must be developed with at least one permanent structure.
d) Outdoor Display: Vehicles and equipment displayed for sale may not be parked, displayed, or stored within 10 feet of the public right-of-way or within 10 feet of any R zoning district.
e) Vehicle Repair: Any on-site vehicle or equipment repair or service must be conducted in a completely enclosed building. Any inoperable, wrecked, junk, or salvage vehicles must be kept within a completely enclosed building and may not be stored outdoors.
f) Landscape Buffer: All used motor vehicle sales establishments must be screened from the public right-of-way with a landscape buffer meeting the standards of Section 88-425-05 (Perimeter Landscaping of Vehicular Use Areas).
g) Inventory Limits: The total number of vehicles displayed or stored on-site shall not exceed one vehicle per 400 square feet of lot area, excluding required parking, landscaping, and building areas.
h) Fencing and Security: Adequate lighting shall be provided for security purposes while minimizing impacts on adjacent properties; Security systems shall be installed and maintained to prevent theft and vandalism.
i) Traffic and Access: Access points shall be designed to minimize traffic conflicts and provide safe ingress and egress
j) Site Maintenance: The premises shall be kept clean and free of debris, automotive fluids, and hazardous materials; all buildings and structures shall be maintained in good repair; proper disposal of automotive waste shall be ensured through licensed waste management services
4. MOTOR VEHICLE REPAIR, LIMITED
a. A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is performed. Examples include quick lube services.
b. Also included vehicle repair establishments that provide replacement of passenger vehicle parts or repairs that do not involve body work or painting or require removal of the engine head or pan, engine transmission or differential. Examples include tire, muffler and transmission shops.
5. MOTOR VEHICLE REPAIR, GENERAL
Any vehicle repair activity other than "minor vehicle repair." Examples include repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles.
6. VEHICLE STORAGE AND TOWING
Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services; private tow lots; impound yards; parking station for buses; and fleet storage yards. Includes the use of a site for temporary storage of motor vehicles to be sold, rented, salvaged, dismantled, or repaired for a period of not more than 15 days.
Section 2. Any existing used motor vehicle sales establishment operating as of the effective date of this ordinance shall be deemed a legal nonconforming use and may continue to operate under existing conditions. However, any expansion of the use, increase in inventory capacity, or substantial renovation of the premises shall require compliance with the standards established in this ordinance and obtaining a special use permit.
Section 3. The City Manager or designee is hereby authorized to:
a) Develop administrative procedures for the review and approval of special use permits for used motor vehicle sales establishments;
b) Conduct regular inspections to ensure compliance with the standards established in this ordinance;
c) Issue violations and impose penalties for non-compliance with these standards;
d) Coordinate with other City departments and external agencies as necessary for enforcement;
Section 4. The City Council finds and declares that all public notices and hearings required by applicable law and the City's Zoning and Development Code shall be given and conducted according to existing City policy.
Section 5. This ordinance shall take effect after notices and hearings in Section 4 are complete, not to exceed 45 days after passage.
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Approved as to form:
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Sarah Baxter
Senior Associate City Attorney