Kearney City Zoning Code
ARTICLE XXIV
Site Development Standards
Section 405.665 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
This Article presents a set of site development standards or guidelines to assist and guide the concept plan and site plan review authority when evaluating site plans relative to site layout, improvements and engineering in the interest of public health, safety, convenience and welfare. The purpose of these standards is to promote well planned and designed use of property; a high character of community development; new development which has a positive impact on the community as a whole and does not negatively impact neighbors, protects sensitive natural resources and is well designed to maximize efficient use of the land and surrounding transportation system and to provide adequate stormwater management.
Section 405.670 General Site Design Review Guidelines.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
In addition to the general purposes set forth above in Section 405.665, the following guidelines shall guide the design and preparation of concept plans and site plans.
1.
Ensure that sites subject to design review are graded and developed with due regard for the aesthetic qualities of the natural terrain and landscape and that existing trees and shrubs are not indiscriminately destroyed.
2.
Ensure that buildings, structures and signs are properly related to their sites and are in keeping with the character of the neighborhood and surrounding sites and are not detrimental to the orderly and harmonious development of their surroundings and of the City.
3.
Ensure that open spaces, parking areas, pedestrian walks, signs, illumination and landscaping are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development.
4.
Ensure that sites are developed to achieve a harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing, when feasible, similarity of style or originality of design.
Section 405.675 Natural Landscape Site Development Guidelines.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The following basic guidelines reflect the core principles of designing development (site plans and subdivision plats) in accordance with the natural features of a site. The site design shall follow the following design guidelines.
1.
Topography and site planning. Land development and infrastructure planning that includes lot layout, building placement and roads need to recognize the existing topographic conditions and be located in a manner that minimizes the need for significant cut and fills. Modification to the existing topographic conditions should be limited as much as possible. See Hillside Development.
2.
Significant natural features. Existing stands of mature trees should be retained, protected and replaced, where possible, to ensure the health and integrity of the natural environment and topography.
3.
Stream buffer setbacks. Existing riparian areas should be preserved and protected through the creation of a conservation easement on each side of the stream. The Planning and Zoning Commission shall determine the appropriate buffer setback distance on the site plan.
Section 405.680 Basic Commercial Appearance and Design Guidelines.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Building Design Guidelines. The following basic guidelines reflect the core principles of attractive building design in the "P" Planned District.
1.
Attractive color schemes employing subdued colors with contrasting colors that accent architectural details such as trim, windows and entrances. Bright colors should be used sparingly and limited to accenting a building.
2.
Compatible in size and architectural character and style of buildings of the surrounding area through the use of similar elements such as roof lines, materials colors, window design, building articulation and other architectural details.
3.
Natural and durable materials that are economically maintained and of a quality that will retain their appearance over time.
4.
Prominent public entries and windows focused on human scale.
5.
Facades with varying depths, relief and corners. Use of large, flat and unbroken planes should be avoided.
6.
Relate the size and proportions of new commercial structures to the scale of adjacent buildings.
B.
Building Appearance Guidelines. Building in the "P" Planned District shall be subject to the following appearance and design review guidelines:
1.
Building(s) shall incorporate a building front and facie pattern that avoids the appearance of a continuous, unbroken front and shall use vertical or horizontal patterns to vary the linear nature of large storefronts. The storefront shall incorporate wood, masonry or other attractive design materials to treat the unattractive nature of metal buildings.
2.
Outlying buildings (uses separate from the principal merchandise store) must incorporate separate landscaping design and buffering to provide an offset from the general parking lot.
3.
No more than sixty percent (60%) of the required parking for the principal use may be maintained in the front yard or front setback space. The remaining forty percent (40%) parking requirement must be developed to the rear of the principal building.
4.
Parking lots must employ attractive landscaping and separation strips in the front yard or front setback area. Separation strips must be at least four (4) feet in width. The location of separation strips and the use of plant materials shall not obstruct the clear vision of traffic or pedestrians.
5.
All parking spaces must be clearly delineated and painted. Traffic flow must be directed by the uses of painted directional symbols on the surface of the parking lot, by directional signs or both. Handicapped parking spaces shall only be located in the front of the first (1st) tier of parking spaces or at building fronts.
6.
Storefront(s) must employ signage design elements that give the appearance of a unified color and scale scheme for all building, projecting and/or flat signs and logos.
7.
Specific variances and/or site plan waivers may be granted for the above requirements in the case of practical difficulties related to difficult lot design, topography or excessively narrow lots of record.
8.
Loading bays and/or docks must be located to the rear or side of all principal or accessory buildings.
9.
All refuse must be stored in specially designed enclosures that have an appearance which is compatible with surrounding buildings.
10.
Promote pedestrian and vehicular connectivity.
11.
Minimize adverse impacts from lighting on adjacent property.
Section 405.685 Vision Triangle.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
On all corner lots in all districts, no use of land shall commence or no structure or vegetation shall hereafter be constructed, structurally altered, extended, enlarged or moved after the effective date of these regulations unless it also conforms to the requirements of the vision triangle as defined by these regulations. In all residentially zoned districts, the two (2) sides forming the lot line intersection shall be a minimum distance of thirty (30) feet from the center of the lot line intersection and in all other zoning districts such distance shall be a minimum of twenty (20) feet (except that there shall be no vision triangle requirements in the Central Business District).
Section 405.690 Accessibility For The Handicapped.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Special attention shall be given to the location and integration of accessible routes, parking spaces, and ramps for the disabled. Special attention shall also be given to identifying accessible access points between buildings and parking areas, public streets and sidewalks. The Federal Americans with Disabilities Act Accessibility Guidelines (ADAAG) shall be used as a guide in determining the adequacy of the proposed development in addressing the needs of the disabled.
Section 405.695 Outdoor Lighting Standards.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Outdoor Lighting Standards. The following basic guidelines are intended to ensure appropriate lighting while minimizing its undesirable side effects.
1.
All exterior lights shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass and glare across the property lines and/or disability glare at any location on or off the property.
2.
All parking area lighting shall be full cut-off type fixtures.
3.
All building lighting for security or aesthetics shall be full cut-off or a shielded type, not allowing any upward distribution of light. Flood lighting is discouraged and, if used, must be shielded.
4.
Outdoor commercial or industrial lighting adjacent to residential property shall be installed to ensure that no direct light source shall be visible at the property line at ground level or above.
Section 405.700 Stormwater Management.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
All development shall control any stormwater drainage which occurs off the property according to adopted City standards which are currently "Storm Drainage Systems and Facilities of Division V, Design Criteria of the Kansas City Metropolitan Article of the American Public Works Association (APWA)".
Section 405.705 Standards For Specific Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1156-2011 §1, 2-21-2011; Ord. No. 1257-2014 §3, 7-21-2014; Ord. No. 1611-2025, 2-18-2025]
A.
Motor Vehicle Oriented Business (MVOB). A proposed use or building that meets the definition of a motor vehicle oriented business (MVOB) shall be subject to the following screening criteria to determine if it should be permitted in the location proposed by the applicant:
1.
Location requirements. The proposed use/building shall not be permitted unless the following location requirements are met or exceeded as set forth below:
a.
Determine if the use/building is located in high-hazard street segments. High-hazard segments shall be determined as follows:
(1)
Accident. Locations of high-hazard segments of the City's street system shall be determined using the following formula:
Accident Rate = (Number of Accidents) X (1,000,000)
(Average Daily Traffic) X (Section Length) X (365 Days/Year)
Accident Rate will be in units of: Number of accidents occurring in a year per one million (1,000,000) miles traveled.
(2)
Analyzed roadway segments shall be compared to the latest published accident data by the Missouri Highway Transportation Department (MHTD). In the event the analyzed road segment exceeds State average rates, the proposed use/building shall be denied. Said presumption may be rebutted by applicant through substantial and competent evidence adduced on the record as a whole before the Board of Aldermen.
b.
The driveway must be at least one hundred (100) feet from any other MVOB driveway located on the same side.
2.
Access requirements. The proposed use/building shall not be permitted unless the access requirements for driveways is met or exceeded as set forth below:
a.
Must be one hundred sixty (160) feet from another driveway on same side.
b.
Must be two hundred (200) feet from another driveway on opposite side if left turn movements could potentially conflict.
c.
Must be one hundred sixty (160) feet from nearest public street.
d.
Must not have access to adjoining arterial if access available through shopping center or service road.
e.
Must have two hundred seventy-five (275) feet of sight distance in either direction.
f.
Two-way access must have minimum thirty (30) feet throat width. One-way access must have minimum fifteen (15) feet throat width. Must have a minimum radius of fifteen (15) feet.
If an island is used in a two-way driveway, clearance width of two (2) feet should be added on both sides of island.
3.
Congestion impact requirements. The proposed use/building shall not be permitted unless the congestion impact is determined to be acceptable applying the following criteria:
a.
b.
Determine vehicles per hour per access drive for all three (3) peak hour categories based on the following equation:
Trips/hour X number of units of measure access drives
c.
Determine if vph/access drive for all three (3) peak hour categories falls within acceptable limits based on existing volumes on adjacent arterial.
d.
Peak period traffic volumes shall be updated by scientifically conducted traffic counts on not less than an annual basis.
B.
Self-Storage Facility. If a site plan is for a structure containing separate, individual, private storage spaces of varying sizes leased or rented on individual leases for varying periods of time or any similar storage facility (commonly referred to as a self-service storage facility or mini-warehouse), then the site plan must meet the following criteria:
1.
Size requirements. The maximum height shall not exceed thirty (30) feet and the minimum setback from all lot lines shall be thirty (30) feet.
2.
Exterior screening. The exterior view of the premises shall be controlled as follows:
a.
Commercial district.
(1)
If the exterior surface of the structure is stucco, brick or rock, the required fence or wall may be transparent with minimal landscaping to provide screening as set out in Article XXVI, Landscaping Regulations.
(2)
If the exterior surface of the structure is other than stucco, brick or rock, the required fence or wall in combination with landscaping shall provide for a ninety percent (90%) opaque screening from all directions.
b.
Industrial district. Minimal landscaping in order to provide screening as set out in Article XXVI, Landscaping Regulations is required.
(1)
If the property is adjacent to any residential zoning district ("R-A", "R-1", "R-2", "R-3", "R-4", "R1P", "R2P", "R3P") or non-retail district ("C-O", "C-OP"), the adjacent property line with its required fence and landscaping shall provide for a ninety percent (90%) opaque screening from that direction.
3.
General requirements. The proposed use shall not be permitted unless the following general requirements are met or exceeded as set forth below:
a.
Master lighting plan outlining in detail all lighting elements.
b.
Master landscape plan outlining in detail all landscaping and materials.
c.
No structure, fence or wall shall be located within the required setback.
d.
All buildings or areas used for storage or necessary driveways shall be enclosed with a minimum six (6) foot fence or wall.
e.
No commercial, wholesale or retail sales or miscellaneous or garage sales shall be conducted.
f.
No auctions with the exception of abandoned property limited to the abandoned storage unit items only.
g.
No servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment shall be allowed.
h.
No manufacturing or assembly of any kind shall be allowed.
i.
No business establishment of a transfer and storage business type of any kind shall be allowed.
j.
No noxious or offensive use because of odors, dust, noise, fumes or vibration of any kind shall be allowed.
k.
No power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment of any kind shall be operated.
l.
All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete.
m.
All lights shall be shielded to direct light onto the uses established and away from adjacent property, but it may be of significant intensity to discourage vandalism and theft.
n.
The property shall be maintained by owner or operator for removal of trash and debris.
o.
No outside self-service storage shall be allowed unless the property is entirely zoned industrial.
p.
If a residential structure is allowed to be maintained, it shall be deemed an accessory use only and shall be newly constructed or remodeled to be compatible with the exterior of the storage units and be entirely contained within the fenced or walled area, and the residential structure shall be used for an on-site manager and not as rental property.
C.
Salvage Yards.
1.
The junk yard or salvage yard occupies a minimum lot size of ten (10) acres.
2.
All such uses shall be located at least three hundred (300) feet from a boundary line.
3.
All such uses shall be completely surrounded on all sides by a fence or wall at least eight (8) feet high. The fence or wall shall be of uniform height, uniform texture and color and shall be so maintained as to insure maximum safety to the public, obscure the junk or salvage from normal view of the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other materials within the yard. No scrap, junk or other salvaged materials may be piled so as to exceed the height of this enclosing fence or wall.
4.
No materials shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the fence or wall.
5.
No hazardous or toxic materials shall be stored or handled in a junk yard or salvage yard unless they are located in such use(s) on a temporary basis not to exceed ninety (90) days until other disposal can be arranged.
D.
Kennels.
1.
The kennel occupies a minimum lot size of five (5) acres.
2.
No kennel building or runs shall be located nearer than two hundred (200) feet to any property line.
3.
All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the animals.
4.
The kennel shall have adequate measures to prevent odor, dust, noise or drainage from becoming objectionable to uses on other properties. No incineration of animal refuse shall be permitted.
5.
All State licensing and operation requirements are met.
E.
Quarrying. (Including mining or removal of sand, gravel or stone and the processing of the same, including asphalt and concrete plants.)
1.
All quarries and mining operations and asphalt and concrete plants shall be screened by a method approved by the City when the same are visible from any public road.
2.
The applicant shall provide a method for dust abatement on all unpaved interior roads.
3.
Where applicable, a maintenance agreement between the applicant and the City shall be required to maintain the roads that provide the ingress/egress to the operation.
4.
A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation to the proposed use of the site in a general plan of the proposed use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is ready to begin such reclamation; however, the amended plan must be approved by the City before reclamation work may begin. Said approval shall require a public hearing under the same procedures as the original conditional use permit.
5.
All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A minimum setback of one hundred (100) horizontal feet from any road right-of-way and thirty (30) horizontal feet from all other property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either surface or subsurface.
6.
No building, equipment, quarry products or other materials shall be erected or stored within one hundred (100) feet of any property or right-of-way line. For asphalt or concrete plants only, buildings and equipment, excluding those buildings and equipment used to process materials, and finished product may be erected or stored a minimum of twenty (20) feet from a side or rear property line adjoining an "M" industrial zoning district, provided such activity is in compliance with any State requirements.
7.
The applicant's operation shall be inspected by the City or its designate on or before July first (1st) of every third (3rd) year following approval of the conditional use permit or at any other time that might be warranted for compliance with the above listed requirements and if found to be in violation shall have the permit removed if the non-compliance is not corrected within sixty (60) days of written notice from the City or its designate itemizing the violations and corrective measures necessary for compliance.
F.
Telecommunication Facilities.
1.
Purpose and intent. The intent of these regulations is to provide a uniform and comprehensive set of standards for the development of commercial wireless telecommunications facilities and the installation of antennas and:
a.
To protect and promote public health, safety, community welfare and aesthetic quality, while not unduly restricting the development of needed telecommunications facilities and encouraging managed development of telecommunications infrastructure.
b.
To protect the visual character of the City from the potential adverse effects of telecommunication facility development.
c.
To allow wireless telecommunications providers an opportunity to partner with City government or public utility companies to create wireless telecommunication facilities which act as community identity features.
d.
To promote collocated, concealed and visually unobtrusive wireless telecommunications facilities.
2.
Exemptions. The following wireless communication facilities are exempt from the requirements of this Section as specified below.
a.
A wireless communication facility is exempt if the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.
3.
General development standards.
a.
All telecommunication facilities shall comply with all applicable requirements of the current Building Codes as adopted by the City and shall be consistent with the standards and guidelines of this Article.
b.
All conditional use permit applications for telecommunication facilities shall include a description of services proposed and documentation certifying applicable licenses or other approvals required by the Federal Communications Commission to provide services proposed in connection with the application.
c.
All conditional use permit applications shall include a map and narrative description of all telecommunication sites existing, proposed or planned by the applicant in the City and within a one (1) mile radius of the City border. Such applications shall also include an analysis of all reasonable and technically feasible alternative locations and/or facilities (including co-locations) which could provide the proposed communication service.
d.
All conditional use permit applications for wireless telecommunication facilities shall include a propagation map. The propagation map will identify the existing coverage area and the proposed coverage area for the new wireless facility.
e.
To minimize the overall visual impact, new wireless telecommunication facilities shall be co-located with existing facilities, with other planned new facilities and with other facilities such as water tanks, light standards and other utility structures whenever feasible and aesthetically desirable. To facilitate co-location when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the site.
4.
Development standards for towers.
a.
The tower must be located a distance of its vertical height from any habitable structure (except broadcast studio), public road, park, historic structure or monument or cemetery.
b.
Submission of an acceptable agreement to remove the tower and any antenna within one hundred eighty (180) days after cessation of use together with a sufficient performance bond, letter of credit or other financial assurance, if required by the Board of Aldermen.
c.
Applicant must show that the new tower is designed to accommodate additional antennae equal in number to the applicant's present and future need and will accommodate co-located antennae requested by public and private concerns.
d.
The applicant must demonstrate that a tower proposed to be located in a residential area, or an area planned for residences, cannot reasonably be located in a non-residential area (for valid technical reasons).
e.
The applicant must demonstrate that the proposed communications device(s) cannot be co-located on an existing tower, existing building, water tower or other structure (for valid technical reasons).
G.
Agricultural Tourist Operation.
1.
On tracts that contain forty (40) acres or more with a minimum of seventy-five percent (75%) of the acres being agricultural in nature, excluding livestock, that are properly maintained and cared for to produce a commercial crop and held concurrently with the sale of agricultural products produced on-site;
2.
Property shall front on and have direct access from 92 Highway or 33 Highway;
3.
The display and sale of handicrafts and agricultural promotional items produced on-site or off-site is allowed, provided that the primary product sold is an agricultural product produced on the subject property;
4.
General gift display and sales area (not including handicrafts and agricultural promotional sales items above) not to exceed a total of five hundred (500) square feet of interior floor space for the retail sale of agricultural related promotional items, gift items, and/or pre-packaged goods not produced on the subject property. The general gift display and sales area shall be operated concurrently with the sale of agricultural products and/or byproducts produced on-site and subject to any Federal, State, and local regulations;
5.
Buildings shall meet zoning and commercial building code requirements, unless otherwise noted;
6.
Off-street parking shall be based on the size of the building and subject to the City's parking requirements. Parking and access drives may be gravel, but with a minimum fifty-foot-long driveway approach at the entrance and ADA parking constructed of asphalt or concrete. Yard areas may be used for overflow parking;
7.
Sidewalk construction to occur at the time of future development of the property;
8.
Areas maintained as agricultural crops are not subject to landscaping requirements;
9.
Signage to meet sign code requirements for commercial uses;
10.
Expansion of the activity, including area of property, size of buildings and/or additions of activities or services not identified on the approved plan, require re-submittal and review by the Planning and Zoning Commission and Board of Aldermen.
H.
Automotive Sale Services.
1.
No similar use is located within five hundred (500) feet; however, sites with frontage along only Centerville Avenue or North Country Avenue, but not other streets, may be closer than five hundred (500) feet to another similar use. Such uses are not allowed along Watson Drive.
2.
The site is one (1) acre or more in size. Existing new and/or used automobile sales businesses may be expanded in compliance with all other requirements.
3.
Parking and display areas are constructed of an asphalt or concrete surface.
4.
Parking and display areas are located at least fifteen (15) feet from a public right-of-way or from the edge of a private road.
5.
Parking and display areas are not constructed within required buffer areas, side yard setback or rear yard setback.
6.
Vehicles are not displayed within parking, side or rear yard setbacks access drives or required customer parking spaces.
7.
A minimum six (6) feet tall opaque fence is constructed adjacent to any display area along residentially zoned property or any residential use.
8.
Fencing along or within any front or street side building line area shall be decorative in nature and shall not include "piping" style fencing.
9.
New or expanded sites must comply with stormwater drainage, landscaping, screening and other site design standards.
10.
Sign plan to include all proposed signs, color schemes and wall signs limited to one (1) per building facade facing a street.