A.

The following sections or articles further regulate uses within each zoning district, the requirements of which shall be satisfied as applicable to any proposed development.

B.

Airports, flood plains, historic districts, residential cluster development and transportation corridors.

Applicable standards regulating development in or near airports, flood plains, historical districts, residential cluster subdivisions or major transportation corridors are contained in Article 5 (Overlay Districts).

C.

Design standards. Applicable standards regarding design requirements for residential, office, commercial and industrial development are contained in Article 8, Division 1 (Design Standards).

D.

Accessory uses and uses permitted with conditions. Applicable standards regulating accessory uses and uses permitted with conditions are contained in Divisions IV and II of this article respectively. (Accessory Uses and Structures and Uses Permitted with Conditions).

E.

Special use permits. For any use listed as a special use in Table 4-1, applicable standards regulating uses subject to special use permits are contained in Division III of this article (Special Use Permits).

F.

Parking requirements. Applicable standards regulating parking are contained in Article 8, Division II (Parking).

G.

Sign regulations. Applicable standards regulating signs are contained in Article 9 (Sign Regulations).

H.

Landscaping, buffering and tree protection. Applicable regulations regulating landscaping, buffering and tree protection are contained in Article 8, Division 3 (Landscaping, Buffering and Tree Protection).

A.

Uses that are permitted by right or permitted by right but with conditions and uses permitted as special uses are shown in Table 6-1.

B.

In a PMIX District, permitted uses are specified as part of the zoning approval for each development.

C.

Any use not shown as a permitted, conditional or special use in a zoning district is specifically prohibited in that district.

D.

Uses that are allowed in the PMIX District pursuant to Table 6-1 may be modified by the Governing Body when it is determined that a better overall plan can be achieved.

Table 6-1
List of Permitted, Conditional and Special Uses

Use is permitted by right: P

Use is permitted by right but with conditions: C

Use may be permitted as a special use: S

Per approved plan: *

Use is not permitted:

(Ord. No. 6523, § 1, 12-18-2018; Ord. No. 8527, § 1, 12-18-2018; Ord. No. 8683, § 1, 7-16-2019; Ord. No. 9601, § 1, 1-17-2023; Ord. No. 9907, § 4, 5-14-2024)

Every property upon which a principal use may be located shall meet or exceed the following requirements for its respective zoning district:

Table 6-2
Minimum Lot Sizes

*FAR — Floor Area Ratio: Ratio of building square footage to lot square footage.

NA — Not Applicable.

* The cluster development option in the RP-1, RP-2, and RP-3 may vary the lot size and lot width requirements. See Article 4

** Major streets include highways and existing and proposed 4-lane streets.

(Ord. No. 9907, § 4, 5-14-2024)

All principal buildings on a lot shall be set back from the street rights-of-way lines and property lines bounding the lot no less than the distances shown in Table 6-3:

Table 6-3
Minimum Principal Building Setbacks

* Front yard setback may be reduced by 5 feet if garage is accessed from alley.

** Major streets include highways and existing and proposed 4-lane streets.

++Not applicable for townhouses, except for end units.

(Ord. No. 9907, § 4, 5-14-2024)

The maximum height of all structures in each zoning district (except as provided in the subsections below) shall be as follows:

Table 6-4
Maximum Structure Heights

A.

Height.

1.

Exemptions. The following are exempt from the district height standards:

a.

Agricultural buildings such as but not limited to barns, silos, windmills, grain elevators, and other farm structures, but not including dwellings.

b.

Cooling towers, gas holders, or other industrial structures where required as part of the manufacturing process.

2.

Additional regulations. The regulations and requirements as to height of buildings, and area of lots which may be occupied by buildings, yards and other regulations and requirements in the foregoing sections of this ordinance, shall be subject to the following exceptions and additional regulations:

a.

In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards the depth and width of which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

b.

Parapet walls and false mansards shall not extend more than six feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio, television or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Lee's Summit, Missouri.

B.

Yard exceptions and additional regulations.

1.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features and eaves. None of the above projections shall extend into a court or into a minimum yard more than 36 inches.

2.

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four feet into a required rear yard.

3.

In computing the depth of a rear yard for any building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard.

4.

Condominium ownership shall not constitute violation of the lot and yard requirements of this ordinance.

5.

Irregular lots, only within districts R-1 and RP-1, lots that are irregular in shape, i.e., the lot dimensions are such that it would be difficult to place a home within the building envelope established by the required setbacks (as determined by the Director), may be averaged. Examples of such lots may include:

a.

Lots that get significantly narrower from front to back.

b.

Lots where side lot lines are not equal in length thereby producing an odd shaped lot.

c.

Lots referred to as "flag" lots that have a very narrow access and then open into normal size and shaped lots may utilize the averaging only if the resulting area beyond the narrow access meets one of the other criteria as mentioned above.

In order to determine the dimension allowed for the rear yard, each side of the existing or proposed structure shall be extended in a straight line to its point of intersection with the property line. One additional measurement shall be included in the calculation and shall be determined by drawing a perpendicular line from the center of the structure to the property line. An average of these three measurements shall equal a minimum of 30 feet in R-1 and 20 feet in RP-1.

6.

Corner lots in Districts R-1 and RP-1. (See Table 6-5)

a.

On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than 15 feet.

b.

On corner lots where adjacent interior lots have been platted fronting the street the required setback shall be either equal to the front yard setback of the adjacent interior lot or may be reduced by not more than five feet.

7.

Homes angled on corner lots, in R-1 and RP-1 Districts where a home is to be angled on a corner lot the two front yard setbacks may both be reduced by five feet according to its respective district requirement. The other lot lines shall maintain a minimum setback of seven and one-half feet. (See Table 6-5).

8.

Single-family homes shall be a minimum of 720 square feet.

Table 6-5
Corner Lot Minimum Principal Building Setbacks

It is the intent of this article to identify certain activities or structures, which, if the use or structure complies with specifically identified conditions, shall be treated as a permitted use. For the purposes of this chapter, these uses shall be known as "Uses Permitted with Conditions." The regulations that govern uses subject to conditions are set forth in this article.

A.

Pre-Application conference. A pre-application conference is required if applicant intends to operate a use or develop a structure that is intended to be occupied by a use set forth in this article. The purpose of the conference is to advise the applicant of any additional information required to determine whether the proposed use qualifies as a use permitted with conditions. Within ten days of the receipt of all information requested, the Director shall inform the applicant if the use as proposed by the applicant qualifies as a use subject to conditions pursuant to this article.

B.

It is anticipated that there may be instances in which applicant may not know at the time of the pre-application conference all of the uses to which a structures in a development will be put, therefore, applicant may seek a determination on whether a proposed use qualifies as a use permitted with conditions from the Director at any time. This request shall be submitted in writing with such information, as the Director shall request. Within ten days of receipt of all the requested information, the Director shall inform the applicant in writing of whether the proposed use qualifies as a use subject to conditions.

C.

No person, however, shall have any right to operate a use identified in this article as a Use Subject to Conditions unless all of the conditions specified in the section related to that use are currently and continuously complied with. It shall be a violation of Section 1.150 of this chapter to operate any use delineated in this article without complying with the applicable conditions.

An adult entertainment business may include such business as an adult media outlet, adult motion picture theater or adult night club. An adult entertainment business shall be permitted, subject to the following conditions and restrictions:

A.

All applicable licensing requirements of Chapter 3 of the City Code shall be satisfied; and

B.

All adult entertainment businesses shall be located in appropriate zoning districts, pursuant to the uses specified in Section 6.010 and Table 6-1 of this chapter.

C.

All conditions and restrictions of Section 6.140 Adult personal services shall also apply.

An adult personal service may include a bath house, body painting studio, escort service or bureau, dating service or bureau, or modeling studio. An adult entertainment business shall be subject to the following conditions and restrictions:

A.

All requirements of the Lee's Summit General Code of Ordinances, Chapter 3. Adult Services.

B.

Such use shall not be established within 1,250 feet of any church, school, day care facility, public building, public park, hospital or area zoned or used for residential purposes.

C.

No more than two uses regulated in Sections 6.130 and 6.140 may be located within 1,250 feet of each other. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the uses noted above.

D.

The 1,250-foot restriction between such regulated uses may be waived by the Governing Body after review and recommendation by the Commission, if the applicant demonstrates by substantial and competent evidence that:

1.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed,

2.

The proposed use will not enlarge or encourage the development of a "blighted area" as defined in the Revised Statutes of Missouri,

3.

The establishment of such use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of community renewal, and

4.

All applicable regulations of this chapter will be observed.

Agricultural sales and service, such as feed and seed stores, must be operated in accordance with county and state health department regulations and are required to be located at least 200 feet from any residential district or property line.

A.

Commercial greenhouses, garden center or plant nursery.

1.

All plant stock not enclosed within a structure shall be set back at least 50 feet from any property under separate ownership or from residentially zoned property.

2.

Sufficient hard surface parking shall be provided on site to serve the anticipated need.

3.

Parking areas for customers must be paved.

4.

Fencing and screening must be provided in accordance with Article 8, Division III.

5.

All lighting and electrical wiring must meet applicable codes.

6.

All plant stock not enclosed within a structure shall be set back at least 50 feet from a residential property line.

7.

No merchandise shall be within the required yard setbacks.

8.

Greenhouses shall be maintained in good operating conditions.

9.

All outside storage of planting materials (soils, sand, peat moss, etc.), nutrients, pest sprays, etc. shall be screened from view within commercial districts.

10.

See "garden center" as an accessory use if use is accessory to other commercial operations.

B.

Kennel, fish hatchery, apiary and aviary. A kennel with outside runs, fish hatchery, apiary or aviary shall be located not less than 200 feet from any property under separate ownership or from residentially zoned property.

C.

Livestock, including poultry and fur-bearing animals.

1.

Minimum parcel size is ten acres.

2.

All livestock buildings or feeding areas shall be set back not less than 200 feet from any property under separate ownership or from residentially zoned property.

3.

There shall be at least 5,000 square feet of fenced lot area not covered by the principal structure for each animal (does not include poultry).

4.

Poultry houses shall be spaced 100 feet from one another and shall be set back not less than 200 feet from any property in separate ownership or from residentially zoned property.

D.

Stable.

1.

A private stable shall be allowed on a lot having an area of more than one acre, provided that it is located not less than 100 feet from the front lot line, nor less than 30 feet from any side or rear lot line. On such lots, there shall not be kept more than one horse, pony or mule for each 40,000 square feet of lot area.

2.

Where such stable exists or animals are kept, the owner or keeper shall maintain the premises in compliance with all applicable state, county and municipal sanitary and health regulations.

3.

A stable shall be set back not less than 200 feet from any property under separate ownership or from residentially zoned property.

E.

Tenant dwelling for persons employed on land used for bona fide agricultural purposes. Dwellings may not be rented for any purposes other than provide housing for persons employed by the agricultural operations upon which the dwelling is located.

(See Repair services, nonautomotive.)

(See Repair services, automotive.)

(See Repair services, automotive.)

(See Repair services, automotive.)

Automotive rental agency provided:

A.

Automobiles stored on site shall be contained in a separate area not in required parking spaces.

B.

Two hundred feet minimum distance from residential district or use.

A.

Lighting requirements. Light levels shall be in accordance with the following standards:

1.

Indoor-lobby. Light levels of sufficient intensity to provide for high resolution video data recording from the digital video surveillance cameras in accordance with the camera manufacturer's specifications.

2.

Outdoor. Minimum lighting levels of five footcandles shall be maintained at the stores entrance or shall be sufficiently lit to provide for high resolution video data recording of outside activity within 50 feet of the store entrance.

B.

Employee protection required.

1.

Hard-wired phone shall be installed inside walk-in vaults or other emergency measure shall be provided that is acceptable to the CPTED Review Committee.

2.

Banning disguises, i.e., no caps, sunglasses or visors, etc.

C.

Video surveillance camera(s), two-color digital high definition, required.

1.

To maintain view of cash register counter.

2.

To maintain view of all public and/or employee entrances into building/tenant space.

3.

To maintain view of customers leaving via a door mounted pinhole camera to be positioned at a height of between four and five feet from the bottom of the door.

4.

Capable of providing a minimum storage of 30 days of video surveillance data.

D.

Alarm system required.

1.

Alarm system shall be monitored off-site.

2.

Silent panic alarm shall be provided at each cash register.

3.

Each teller and each employee directly accessible to the public shall be provided a remote alarm to wear on their person.

4.

Provide alarm activation inside walk-in vaults.

E.

Automatic door lock required. An automatic door lock capable of being locked from any cash transaction counter shall be provided.

F.

Visibility maintained.

1.

Unobstructed line of sight shall be maintained at all times from the cash register to the front door.

2.

Window areas shall be free from posters, flyers and other such visibility blockers.

G.

Height strips shall be required at each public entrance in direct view of employees.

H.

"No loitering/trespass" signs shall be posted at the front entry to the building.

I.

Annual review required.

1.

An annual review of security measures shall be performed by each establishment with assistance from the Police Department.

2.

In the event of a robbery, the establishment where the robbery occurred shall, within 15 days of the event, schedule a review of security measures with the Police Department to determine steps to be taken to help deter additional robberies including, but not limited to, adding surveillance cameras, adding new lighting or increase the amount of existing lighting, adding a bullet resistant glass bandit barrier or man trap, adding landscaping for controlled access, etc.

3.

In the event of an additional robbery where the Police Department's recommendations have not been implemented from a previous robbery, grounds may exist for revocation of the business license.

A.

Lighting requirements.

B.

Video surveillance camera(s), two-color digital high definition, required:

1.

To maintain view of vehicle occupants.

2.

To maintain view of drive through stalls.

3.

Capable of providing a minimum storage of 30 days of video surveillance data.

C.

View from street to be maintained.

A.

Provided there is a minimum of five-car stacking for a single window/lane or three car stacking per lane, for multiple lanes, measured from the point of service delivery, i.e., drive-up window, or delivery tube station.

B.

Provided on-site traffic circulation is not impeded by the required car stacking mentioned above.

C.

Lighting requirements.

1.

Undercanopy lighting shall include flush mounted LED fixtures.

2.

Minimum lighting levels of five footcandles shall be maintained at each delivery tube station.

D.

Employee protection required.

1.

Bullet resistant glass shall be used at all window viewing stations of each teller handling cash transactions at drive through facilities.

E.

Video surveillance camera(s), two-color digital high definition, required.

1.

To maintain view of cash register counter.

2.

To maintain view of all drive through stalls at delivery tube station.

3.

Capable of providing a minimum storage of 30 days of video surveillance data.

F.

Alarm system required.

1.

Alarm system shall be monitored off-site.

2.

Each teller shall be provided a remote alarm to wear on their person.

3.

Silent panic alarm shall be provided at each cash register/transaction station.

G.

Annual review required.

1.

An annual review of security measures shall be performed by each establishment with assistance from the Police Department.

2.

In the event of a robbery, the establishment where the robbery occurred shall, within 15 days of the event, schedule a review of security measures with the Police Department to determine steps to be taken to help deter additional robberies similar to those listed for banks and financial institutions.

3.

In the event of an additional robbery where the Police Department's recommendations have not been implemented from a previous robbery, grounds may exist for revocation of the business license.

A.

Provided the front entrance of the facility is 300 feet or greater distance from any existing school or church, or residential district (RDR, RLL, R-1, RP-1, RP-2, RP-3, and RP-4) or residential use in any district, with the following exceptions:

1.

A bar/tavern located in the CBD district shall have no distance requirement from any existing residential use within the CBD district.

2.

A bar/tavern located in a CBD or CP-2 district shall have no distance requirement from any existing loft dwelling use which is located within a CBD or CP-2 district.

3.

A bar/tavern located in a CBD or CP-2 district shall have a 100-foot distance requirement from the front entrance of the facility to any existing residential use which is located within a TNZ or PO district.

4.

A bar/tavern located in the M-150 Corridor Development Overlay districts CDO-MR, CDO-MC, or CDO-ME shall have no distance requirement from any multi-family (apartment) or loft dwelling unit within any M-150 CDO-MR, MC or ME district.

(See Unsecured loan business.)

A church, temple or synagogue, including associated accessory uses such as day care services, provided that:

A.

Buildings shall be located not less than 50 feet from the boundary of adjoining property zoned for residential use;

B.

Primary driveway access for any such use with more than 5,000 square feet of floor area shall be from a collector or arterial street; and

C.

Primary driveway access for any such use with more than 10,000 square feet of floor area shall be from an arterial street.

A civic or fraternal club located in a residentially zoned area, with respect to which:

A.

All structures are at least 50 feet from any property line.

B.

Parking area is screened in accordance with the standards for parking lot screening.

C.

The exterior of the building maintains a residential character and blends harmoniously with surrounding residential properties.

A.

A construction materials sales and services operation, such as a building supply or home improvement center, is permitted to store materials outside, provided such materials are located to the side or rear of the property and fully screened from view.

B.

Seasonal sales materials may be stored outside in front of the building provided that such materials shall be limited to placement adjacent to the front wall and outside of any paved travel way including parking areas and drive aisles. And further provided that a six-foot minimum width sidewalk separate the materials from any paved travel way or parking area. Seasonal sales intended to be displayed, stored or open for sale longer than 90 days shall be enclosed by a permanent decorative fence i.e., painted steel fence with brick pilasters as approved by the Director. See Section 6.500 Seasonal sales for additional restrictions. The Director's decision may be appealed to the City Council in writing requesting the reason for the appeal and asking for a time to be heard.

A.

All storage of machinery and equipment shall be placed in the rear or sides of the building and screened from street views with an opaque fence of sufficient height to hide the storage area.

B.

Storage areas not readily visible from any street need not provide screening.

A.

Lighting requirements. Light levels shall be in accordance with the following standards:

1.

Indoor-lobby. Light levels of sufficient intensity to provide for high resolution video data recording from the digital video surveillance cameras in accordance with the camera manufacturer's specifications.

2.

Outdoor. Minimum lighting levels of five footcandles shall be maintained at the stores entrance or shall be sufficiently lit to provide for high resolution video data recording of outside activity within 50 feet of the store entrance.

3.

Pump islands. Under-canopy minimum lighting levels of 10.0 footcandles with a maximum of 30.0 footcandles shall be maintained at each pumping station.

B.

Video surveillance camera(s), two-color digital high definition, required.

1.

To maintain view of cash register counter.

2.

To maintain view of all public and/or employee entrances into building/tenant space.

3.

To maintain view of customers leaving via a door mounted pinhole camera, to be positioned at a height of between four and five feet from the bottom of the door.

4.

Capable of providing a minimum storage of 30 days of video surveillance data.

C.

Alarm system required.

1.

Alarm system shall be monitored off-site.

2.

Silent panic alarm shall be provided at each cash register.

3.

Employees shall be provided a remote alarm to wear on their person.

D.

Automatic door lock required. An automatic door lock capable of being locked from the cash transaction counter shall be provided.

E.

Visibility maintained.

1.

Unobstructed line of sight shall be maintained at all times from the cash register to the front door.

2.

Window areas shall be free from posters, flyers and other such visibility blockers.

3.

Displays set up in front of the window area, inside or outside, shall not inhibit the view from the front counter or cash transaction area.

4.

The floor area at the cash register shall be elevated a minimum of six inches above floor grade to assist employee surveillance throughout the store.

F.

Drop safes, bolted to floor shall be required.

G.

Height strips shall be required at each public entrance in direct view of employees.

H.

"No loitering/trespass" signs shall be posted at the front entry to the building.

I.

Annual review required.

1.

An annual review of security measures shall be performed by each establishment with assistance from the Police Department.

2.

In the event of a robbery, the establishment where the robbery occurred shall, within 15 days of the event, schedule a review of security measures with the Police Department to determine steps to be taken to help deter additional robberies including, but not limited to, adding surveillance cameras, adding new lighting or increase the amount of existing lighting, requiring a minimum of two employees on a given shift, etc.

3.

In the event of an additional robbery where the Police Department's recommendations have not been implemented from a previous robbery, grounds may exist for revocation of the business license.

A.

Provided the front entrance of the facility is 300 feet or greater distance from any school, church or residential district or use.

A.

Provided there is a minimum of three-car stacking measured from the point of service delivery, i.e., drive-up window or pneumatic tube, etc.

B.

Provided on-site traffic circulation is not impeded by the required car stacking mentioned above.

A.

Provided there is a minimum of two-car stacking measured from the point of service delivery, i.e., drive-up window, door or pneumatic tube, etc.

B.

Provided on-site traffic circulation is not impeded by the required car stacking mentioned above.

(See Restaurant, drive-through.)

A.

Shall front on a collector or arterial classified street.

B.

Shall be architecturally compatible with surrounding development.

(Ord. No. 6523, § 1, 12-18-2018)

Editor's note— Ord. No. 6523, § 1, adopted December 18, 2018, set out provisions intended for use as § 6.370. For purposes of classification, and at the editor's discretion, these provisions have been included as § 6.365.

A commercial horse riding stable, track or polo field:

A.

Shall be located on a site of at least ten acres, and

B.

All structures shall be located at least 200 feet from any property.

A.

Limited to 12 students per class.

B.

Limited to one class at a time.

C.

One hour minimum time lapse between classes to lessen the parking impact on surrounding businesses.

A.

Adherence to Code of Ordinances. Massage therapy to be conducted as a home occupation where the therapy is to take place in the home of the licensed massage therapist shall meet all requirements of Chapter 28, Division 2 of the Code of Ordinances of the City of Lee's Summit.

B.

Inspections. The massage facility shall be available for inspection in accordance with Chapter 28, Division 2 of the Code of Ordinances of the City of Lee's Summit.

C.

Intensity of use. There shall be only one licensed therapist per address operating at the home. No more than one room shall be used for massage therapy and the appointment times shall be spaced out during the day to elim inate patients waiting for their massage therapy appointment.

D.

Hours of operation. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

A.

See definitions in Article 15 of this chapter.

B.

See Chapter 28, Division 2 of the Code of Ordinances for licensing requirements.

A.

This section covers the following uses: All medical marijuana facilities, and all marijuana facilities.

B.

Definitions. As used in this section only, and notwithstanding definitions of the same or related words or terms in Article 15 of this UDO, the following words and terms shall have the following meanings in addition to the definitions contained in Article XIV of the Missouri Constitution related to medical marijuana and marijuana:

1.

Medical marijuana facility shall mean a medical marijuana cultivation facility, a medical marijuana dispensary facility, a medical marijuana-infused products manufacturing facility, a marijuana testing facility, a medical marijuana transportation facility, or any other type of medical marijuana-related facility or business licensed or certified by the Department of Health and Senior Services, or its successor, under Article XIV of the Missouri Constitution.

2.

Marijuana facility shall mean a comprehensive marijuana cultivation facility, a comprehensive marijuana dispensary facility, a comprehensive marijuana-infused products manufacturing facility, a marijuana testing facility, a marijuana microbusiness facility, a microbusiness dispensary facility, a microbusiness wholesale facility, a marijuana testing facility, or any other type of marijuana-related facility or business licensed or certified by the Department of Health and Senior Services, or its successor, under Article XIV of the Missouri Constitution.

C.

General standards. All medical marijuana facilities and marijuana facilities shall comply with the following regulations, in addition to all other regulations imposed upon such facilities by federal, state, or local law:

1.

A business license shall be obtained annually, and the medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

2.

Medical marijuana facilities and marijuana facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources. No use shall emit an odor that violates the provisions of Chapter 16, Section 302.1.2, Commercial odor.

3.

No medical marijuana facilities or marijuana facilities shall be located in a building that contains a residence, and no residences may be established or maintained in any such medical marijuana facility.

4.

No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility or marijuana facility.

5.

All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

6.

If multiple licenses for a medical marijuana facilities or marijuana facilities are issued for one lot, tract or parcel of property, then restrictions for the highest intensity use shall apply. The highest intensity use shall mean the use that has the most restrictive regulations.

7.

Buffer.

a.

The applicant shall be responsible for submitting a survey that is compliant with the America Land Title Association requirements, or other form of certified measurement that can be verified by City staff, to prove that the proposed facility and property meets the distance requirements set forth in this section.

b.

Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

c.

No new medical marijuana facility or marijuana facility shall be sited within 1,000 feet of any then-existing elementary or secondary school, child day-care center, or church. In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

8.

All other City Codes requirements that are not inconsistent with the medical marijuana facility or marijuana facility regulations of the UDO shall apply to all such facilities.

9.

All medical marijuana facilities and marijuana facilities shall be constructed and operated in compliance with the rules and regulations issued by the Department of Health and Senior Services, or its successor.

(Ord. No. 8683, § 1, 7-16-2019; Ord. No. 9601, § 1, 1-17-2023)

A pawn shop shall be allowed provided that the following conditions can be met:

A.

A minimum of 5,280 feet distance between similar businesses.

B.

A minimum distance of 1,500 feet from any church, school, day care facility, public park or hospital.

C.

A minimum distance of 500 feet from any residential district or use.

Note: All distances shall be measured from the front door of the pawn shop to the property line of the other use.

D.

Lighting requirements. Light levels shall be in accordance with the following standards:

1.

Indoor-lobby. Light levels of sufficient intensity to provide for high resolution video data recording from the digital video surveillance cameras in accordance with the camera manufacturer's specifications.

2.

Outdoor. Minimum lighting levels of five footcandles shall be maintained at the stores entrance or shall be sufficiently lit to provide for high resolution video data recording of outside activity within 50 feet of the store entrance.

E.

Video surveillance camera(s), two-color digital high definition, required:

1.

To maintain view of cash register counter.

2.

To maintain view of all public and/or employee entrances into building/tenant space.

3.

To maintain view of customers leaving via a door mounted pinhole camera, to be positioned at a height of between four and five feet from the bottom of the door.

4.

Capable of providing a minimum storage of 30 days of video surveillance data.

F.

Alarm system required.

1.

Alarm system shall be monitored off-site.

2.

Silent panic alarm shall be provided at each cash register.

3.

Employees shall be provided a remote alarm to wear on their person.

G.

Automatic door lock required. An automatic door lock capable of being locked from the cash transaction counter shall be provided.

H.

Visibility maintained.

1.

Unobstructed line of sight shall be maintained at all times from the cash register to the front door.

2.

Window areas shall be free from posters, flyers and other such visibility blockers.

I.

Banning disguises, i.e. no caps, sunglasses or visors, etc.

J.

Drop safes, bolted to floor shall be required.

K.

Height strips shall be required at each public entrance in direct view of employees.

L.

"No loitering/trespass" signs shall be posted at the front entry to the building.

M.

Annual review required.

1.

An annual review of security measures shall be performed by each establishment with assistance from the Police Department.

2.

In the event of a robbery, the establishment where the robbery occurred shall, within 15 days of the event, schedule a review of security measures with the Police Department to determine steps to be taken to help deter additional robberies including, but not limited to, adding surveillance cameras, adding new lighting or increase the amount of existing lighting, adding a bullet resistant glass bandit barrier or man trap, requiring a minimum of two employees on a given shift, etc.

3.

In the event of an additional robbery where the Police Department's recommendations have not been implemented from a previous robbery, grounds may exist for revocation of the business license.

A pet motel or training facility with an outdoor exercise area shall be set back a minimum of 200 feet from the property line of a residential use or residential district and 100 feet from outdoor seating areas of commercial uses.

Parking shall be provided and paved with either asphalt or concrete.

A commercial indoor and/or outdoor recreation facility or area shall be allowed provided the front entrance is 300 feet or greater distance from any residential district or use.

Repair services on equipment or vehicles, with respect to which:

A.

All activities are conducted within a building or fully screened area;

B.

Outside storage is confined to the rear of the property and visually screened in accordance with the buffer standards of Article 2;

C.

Do not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is housed; and

D.

Overhead doors are to remain closed to eliminate associated noise from such uses that are within 300 feet of any residential district or use. (Ventilation, exhaust and air circulation should be considered by the prospective business operator and/or owner when the enactment of this condition is present. Such use may require special fans, air conditioning, etc.).

Repair services on nonautomotive equipment provided:

A.

All activities are conducted totally within a building; and

B.

Provision of services does not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is located.

Restaurant, drive-in provided:

A.

All drive-in stations are screened from view of adjoining properties and streets to eliminate glare from automobile lights;

B.

Access is provided from a commercial collector street or internal drive, not a residential street;

C.

Building, drive and parking, including individual stations, shall be a minimum of 100 feet from any residential district or use;

D.

Outdoor music shall not be audible at the property line.

Restaurant, drive-up provided:

A.

Drive-up window is a minimum of 100 feet from any residential district or use;

B.

Minimum five-car stacking from window is provided;

C.

Drive-up lane is screened from view of adjoining residential district or use; and

D.

Drive-up lane is a minimum of 100 feet from any residential district or use.

Restaurant, drive-through provided:

A.

A minimum of five-car stacking from order box;

B.

Order box is screened from view and located to project sound away from residential districts or uses;

C.

Drive-through lane screened from view by high impact screen in accordance with Article 8, Division III in order to eliminate glare; and

D.

A minimum distance of 100 feet to any residential district or use shall be maintained to the order (speaker) box or pick-up window.

A.

Restaurant, general stand-alone facility (individual building on separate lot or parcel) shall provide a minimum distance of 100 feet measured from the building to any residential district (RDR, RLL, R-1, RP-1, RP-2, RP-3, and RP-4) or residential use, with the following exceptions:

1.

A restaurant, general located in the CBD district shall have no distance requirement from any existing residential use within the CBD district.

2.

A restaurant, general located in a CBD or CP-2 district shall have no distance requirement from any existing loft dwelling use which is located within a CBD or CP-2 district.

3.

A restaurant, general located in a CBD or CP-2 district shall have a 100 foot distance requirement from the building to any existing residential use which is located within a TNZ or PO district.

4.

A restaurant, general located in the M-150 Corridor Development Overlay districts CDO-MR, CDO-MC, or CDO-ME shall have no distance requirement from any multi-family (apartment) or loft dwelling use within any M-150 CDO-MR, MC or ME district.

B.

Restaurant, general in-line tenant space facility (located in a strip center or series of attached commercial shops) shall provide a minimum distance of 50 feet measured from the building in which located to any residential district (RDR, RLL, R-1, RP-1, RP-2, RP-3, and RP-4) or residential use. Same exceptions apply as stated in Subsection A. above.

C.

Access is provided from a commercial street or internal drive from a commercial street.

A.

Seasonal sales limited to 90 days (See Division V of this article, Special Events).

B.

Seasonal sales areas intended for sales longer than 90 days shall install permanent decorative fencing with brick or masonry pilasters to separate such sales from travel ways. Such sales areas shall first be approved by the Director prior to their placement. The following requirements shall govern their location:

1.

A maximum of ten percent of the total number of parking spaces dedicated to the primary business intending to operate seasonal sales shall be used;

2.

No fire lane or emergency access area shall be used at any time for either the sale of goods or pick-up or loading area;

3.

No handicapped parking spaces shall be used or interfered with at any time;

4.

Reasonable traffic flow shall be maintained in and around the sales area.

A.

Location:

1.

Parcels greater than one acre in size; or

2.

Located within the Old Town Master Development Plan area as shown in the comprehensive plan;

3.

Short term rentals are only allowed in single-family dwelling units or two-family dwelling units (duplex); and

4.

Short term rentals will not be located in any accessory dwelling unit (ADU) or accessory structure.

B.

The owner or a local representative must occupy a dwelling unit on the same parcel or an adjacent parcel.

C.

A maximum of two rooms shall be rented.

D.

A maximum of four unrelated guests or a family are permitted.

E.

The owner must obtain a business license with the City.

F.

The owner shall pay license taxes in accordance with Chapter 28, Division 7.

G.

The owner or local representative must provide their contact information to the City.

H.

Chapter 17, Article IX, Section 17-254, Regulations regarding control of noise and sound, must be posted in each room for rent.

I.

Units must be provided with:

1.

A functioning fire extinguisher;

2.

A smoke alarm in each bedroom;

3.

Child-proofed electrical outlets;

4.

A map identifying escape routes;

5.

Emergency contact information for the owner;

6.

Carbon monoxide detection as require by code.

(Ord. No. 9812, § 4(Exh. A), 12-12-2023)

A.

Subdivision swimming pools to be located on platted tracts or common areas within an existing subdivision shall be allowed as a permitted use with conditions provided:

1.

The swimming pool, including concrete apron or deck structure and any associated mechanical equipment or other pool appurtenances, is setback from all property lines by a minimum distance of 20 feet;

2.

A medium impact screen is provided per Article 8, Division III of this chapter along any common property line shared with a residential dwelling; and

3.

Lighting of the swimming pool area, except by low level bollard type lighting or wall pack with 90-degree cutoffs, shall only be provided by special use permit, SUP (see Division III of this article).

B.

Subdivision swimming pools to be located on a platted lot (or lots) within an existing subdivision shall be allowed as a permitted use with conditions provided:

1.

The lot(s) on which the swimming pool is to be located is either owned or is to be owned and under the control of the homes association; and

2.

A medium impact screen, per Article 8, Division III of this chapter, is placed on all common property lines to any adjoining residential lots within the subdivision and located on a three-foot tall berm; or in lieu thereof, a six foot tall opaque vinyl fence with a low impact screen placed between the fence and property line; or

3.

A six-foot tall opaque vinyl fence with a medium impact screen planted between the fence and property line, per Article 8, Division III of this chapter, is placed on all shared property lines of residential property not within the subdivision; and

4.

The swimming pool, including concrete apron or deck structure and any associated mechanical equipment or other pool appurtenances, is setback from all property lines by a minimum distance of 20 feet; and

5.

Lighting of the swimming pool area, except by low level bollard type lighting or wall pack with 90-degree cutoffs, shall only be provided by special use permit, SUP (see Division III of this article).

(See Unsecured loan business.)

Such businesses are allowed provided the following conditions can be met:

A.

A minimum of 5,280 feet distance between similar businesses.

B.

A minimum of 500 feet distance from any residential district or use.

C.

A minimum of 1,500 feet distance from any church, school, day care facility, public building, public park or hospital.

All distances shall be measured from the front door of the loan business to the property line of the other use.

In addition to the conditions above, businesses performing on site cash transactions shall meet the following requirements.

D.

Lighting requirements. Light levels shall be in accordance with the following standards:

1.

Indoor-lobby. Light levels of sufficient intensity to provide for high resolution video data recording from the digital video surveillance cameras in accordance with the camera manufacturer's specifications.

2.

Outdoor. Minimum lighting levels of five footcandles shall be maintained at the stores entrance or shall be sufficiently lit to provide for high resolution video data recording of outside activity within 50 feet of the store entrance.

E.

Employee protection required.

1.

Banning disguises, i.e., no caps, sunglasses or visors, etc.

F.

Video surveillance camera(s), two-color digital high definition, required.

1.

To maintain view of cash register counter.

2.

To maintain view of all public and/or employee entrances into building/tenant space.

3.

To maintain view of customers leaving via a door mounted pinhole camera, to be positioned at a height of five feet from the bottom of the door.

4.

Capable of providing a minimum storage of 30 days of video surveillance data.

G.

Alarm system required.

1.

Alarm system shall be monitored off-site.

2.

Silent panic alarm shall be provided at each cash register.

3.

Each employee shall be provided a remote alarm to wear on their person.

H.

Automatic door lock required. An automatic door lock capable of being locked from any cash transaction counter shall be provided.

I.

Visibility maintained.

1.

Unobstructed line of sight shall be maintained at all times from the cash register to the front door.

2.

Window areas shall be free from posters, flyers and other such visibility blockers.

J.

Drop safes, bolted to floor shall be required.

K.

Height strips shall be required at each public entrance in direct view of employees.

L.

No loitering/trespass signs shall be posted at the front entry to the building.

M.

Annual review required.

1.

An annual review of security measures shall be performed by each establishment with assistance from the Police Department.

2.

In the event of a robbery, the establishment where the robbery occurred shall, within 15 days of the event, schedule a review of security measures with the Police Department to determine steps to be taken to help deter additional robberies including, but not limited to, adding surveillance cameras, adding new lighting or increase the amount of existing lighting, adding a bullet resistant glass bandit barrier or man trap, etc.

3.

In the event of an additional robbery where the Police Department's recommendations have not been implemented from a previous robbery, grounds may exist for revocation of the business license.

A building or premises for public utility services authorized by the Public Service Commission or by permit of the Governing Body, provided the building or premises is enclosed, landscaped in accordance with the provisions of Article 8, Division III, and is in keeping with the appearance of the neighborhood.

A.

A veterinarian, with respect to which, all buildings and activities are located at least 100 feet from any property zoned or used for residential purposes.

B.

When all activity is conducted totally inside of the building the standard district setback shall apply.

A.

Limited to 12 students per class.

B.

Limited to one class at a time.

C.

One hour minimum time lapse between classes to lessen the parking impact on surrounding businesses.

The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as special uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Special uses may have a unique impact on the adjoining uses of land, and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this chapter. A special use permit is issued by the Governing Body following the procedures set forth in Article 2.

A.

Special uses. Uses for which a special use permit is required are listed within this article and noted as "special uses" in Article 4.

B.

Uses not designated. Uses not specifically set forth as "permitted uses", "prohibited uses" or as "uses subject to conditions" elsewhere in this chapter shall be deemed to be "special uses" unless otherwise determined. The Commission and Governing Body may consider granting a special use permit for such uses in accordance with the requirements of Article 2.

The following items shall be submitted in support of an application for a special use permit:

A.

All general application requirements contained in Article 2.

B.

A preliminary development plan accompanied by the number of copies required by the Director, containing all information set forth in Article 2, except when the SUP is for use of an existing building or property and where no substantial changes are proposed per Article 2.

C.

A comprehensive narrative description of the use sought, both as to function and operation, and as to structures, installations, equipment or surface improvements, changes or other requirements incidental to such use.

D.

The length of term of the use after the date of issuance of the permit, if applicable.

E.

Special conditions relating to the operation of the proposed use(s), site development and other pertinent descriptive factors.

F.

Color photographs of surrounding structures within 185 feet and elevation drawings of the proposed special use in sufficient detail to determine compliance with the zoning district regulations in which the special use is to be located.

G.

See this subdivision "General Provisions" and Subdivision 2 for "Specified Special Uses."

A.

Public hearing required. Consideration of all applications for special use permit shall require a public hearing before the Commission and Governing Body, with publication notice, notice to surrounding property owners, and postings of signs as required by Article 2.

B.

Procedures. Except as provided, the procedures for Commission and Governing Body consideration of special use permit applications shall conform to the procedures set forth in Article 2.

C.

Protest petition. Protest petitions may be filed pursuant to Article 2.

A.

Special uses may be approved by action of the Governing Body after recommendation from the Commission using the procedures set forth in Article 2. Special uses may be approved with conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual special use and other conditions deemed necessary to insure compatibility with surrounding land uses.

B.

In considering any application for a special use permit, the Commission and Governing Body may give consideration to the criteria listed below, to the extent they are pertinent to the particular application.

1.

Character of the neighborhood;

2.

Compatibility with adjacent property uses and zoning;

3.

Suitability of the property for which the special use is being requested;

4.

Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties;

5.

Extent to which the proposed use will injure the appropriate use of, or detrimentally affect, neighboring property;

6.

Impact on the street system to handle traffic and/or parking;

7.

Impact of additional storm water runoff to the existing system or to the water shed area if no storm sewer is available;

8.

Impact of noise pollution or other environmental harm;

9.

Potential negative impact on neighborhood property values;

10.

Extent to which there is need of the proposed use in the community;

11.

Economic impact upon the community;

12.

Extent to which public facilities and services are available and adequate to satisfy the demand generated by the proposed use;

13.

Comparison of the benefit gained to the public health, safety and welfare of the community if approved versus the hardship imposed upon the landowner if the requested application is denied;

14.

Conformance to the UDO, and current city policies and ordinances;

15.

Recommendation of professional staff;

16.

Consistency with permitted uses in the area in which the special use is sought.

A.

Transferability.

1.

A special use permit may be conveyed with the land only if the transferor has obtained a building permit for one or more structures authorized by the special use permit and construction of at least ten percent of the project has been completed in terms of the total expected cost of the project. The transfer of a permit in which these conditions have not been satisfied shall be invalid. Nothing in this article shall be construed to alter the expiration date of permits or the authority of the Governing Body to revoke a permit.

2.

A permit cannot be assigned or transferred to a different parcel of land.

3.

Every entity attempting to convey a special use permit shall give notice in writing to the Director within 72 hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a special use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.

B.

Lapse. Unless a building permit for one or more structures authorized by the special use permit has been obtained and at least ten percent of the total expected cost of the project has been expended, the special use permit shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two years of the date of approval by the Governing Body. Upon the written request of the property owner and for good cause shown, the Director may grant one extension of not more than one year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.

C.

Expiration. A special use permit shall be valid for a specific period of time if so stated in the permit. A permit may be renewed upon application to the Governing Body, subject to the same procedures, standards, and conditions as an original application. A special use permit for a lawful nonconforming special use may be granted or renewed without correcting the nonconforming aspects of the special use if the Governing Body finds that all standards set forth in Section 6.650, Standards for approval have been met. All regulations in Article 10 regarding lawful nonconforming uses shall apply to the extension of a nonconforming special use pursuant to this paragraph.

D.

Revocation procedure.

1.

Grounds of revocation. Any special use permit granted by the Governing Body in accordance with this chapter is subject to revocation for any or all of the following reasons:

a.

Non-compliance with all the conditions of approval established in the ordinance granting such special use permit;

b.

A change from the original use or the intensity of the original use for which the permit was issued resulting in a change in impact upon the surrounding neighborhood per Section 6.650, Standards for approval;

c.

Expiration of the special use permit;

d.

Violation of any provisions of this chapter; or

e.

Violation of any provisions of the Code of Ordinances pertaining to the use of land, construction or uses of buildings or structures, or activities conducted on the premises by the permit holder, agents of the permit holder or tenants and is declared to be a nuisance to the neighborhood in which located.

2.

Procedure for revocation.

a.

Revocation proceedings may be initiated by the Director or his or her designee.

b.

Notice of intent to revoke shall be mailed to the permit holder's last known address stating the grounds for the intended revocation, and the date, time and place of the hearing.

c.

The matter will then be placed on a designated Planning Commission agenda for hearing, which may be continued for good cause shown.

d.

The matter will then be forwarded to the City Council with the Commission's findings and recommendation.

e.

The City Council will consider the findings and recommendation of the Commission in rendering their final decision.

f.

No special use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of evidence that grounds for revocation exist.

E.

Renewal. A special use permit may be renewed using the same procedure as was used for the original approval set forth in this article. The Governing Body may grant a renewal containing modifications, but only for existing conditions, without the submission of a preliminary development plan.

A.

The issuance of a special use permit gives no vested rights to the permit holder.

B.

The rights conferred by the authorization of a special use under this article shall not become effective until the project is constructed and the use actually started.

C.

A right to continue a specially permitted use shall only exist provided all conditions of the special use permit and all other City ordinances have been met and continue to be met, and until duly revoked under this article.

D.

The right to continue a special use authorized under this article shall last only as long as specified by the special use permit.

E.

As of the effective date of this chapter, existing permits shall be subject to the provisions for transferability as expressed in this chapter.

F.

Uses that are allowed without a special use permit prior to the effective date of this chapter, but are designated as special uses in this chapter, shall be allowed to continue as nonconforming uses if the requirements of Article 10 are satisfied.

All conditions imposed pursuant to Section 6.650.A., Standards for approval, and all conditions and restrictions imposed pursuant to any section of this division, shall constitute amendments, modifications, or changes to, or supplementation of, the regulations and restrictions of the use of buildings, structures, or land as set forth in this chapter.

(See Industrial activity.)

(See Outdoor sale or lease of vehicles/equipment.)

An aviation field, airport or heliport includes the sale of aviation fuel. A special use permit may be granted under such restrictions as the Governing Body may impose on the land, buildings or structures, within the approach, transitional, horizontal or conical zone, as defined in Section 5.010 to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards.

A bed and breakfast homestay property shall be subject to the following conditions and restrictions:

A.

Appearance. If located in an existing residence, the exterior residential appearance of the dwelling unit shall not be changed. If an addition is to be made to an existing residence or a new structure is to be constructed, building elevations shall be submitted for approval, and a residential appearance shall be maintained.

B.

Rooms. The maximum number of guest rooms shall be three.

C.

Parking location. Parking areas shall be located on the side or rear of the property and shall be screened from adjacent residential properties by a solid screen fence or wall.

D.

Food service. Food service may be provided to guest rooms. No cooking or food preparation will be allowed in guest rooms. Approval must be received from the Jackson County Health Department.

E.

Codes. The bed and breakfast homestay shall comply with all applicable requirements of the International Building Code, the International Fire Code and the International Residential Code, as adopted by the City of Lee's Summit.

F.

Inspections. The Fire Department and other city departments shall be permitted to perform inspections as in any other business.

G.

Length of stay. No person shall be an occupant of a bed and breakfast homestay for more than 14 consecutive days.

H.

Other criteria. In determining whether a bed and breakfast homestay is an appropriate use in the proposed location, the Commission and Governing Body may consider the following:

1.

Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property.

2.

Whether the use will adversely affect the existing use or usability of adjacent or nearby property.

3.

Whether the use is in conformity with the policy and intent of the comprehensive plan.

4.

Whether there are existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the proposed use.

A bed and breakfast inn property shall be subject to the following conditions and restrictions:

A.

Appearance. If located in an existing residence, the exterior residential appearance of the dwelling unit shall not be changed. If an addition is to be made to an existing residence or new structure is to be constructed, building elevations shall be submitted for approval, and a residential appearance shall be maintained.

B.

Ownership. The owner of the residence is not required to reside on the premises. If the owner does not live on the premises, a resident manager or resident employee shall be required, while guests are present.

C.

Rooms. The maximum number of guest rooms shall be 12.

D.

Parking location. Parking areas shall be located on the side or rear of the property and shall be screened from adjacent residential properties by a solid screen fence or wall.

E.

Food service. Restaurant facilities or food service shall be optional; and any such facilities or service shall require the approval of the Jackson County Health Department. No cooking or food preparation will be allowed in guestrooms.

F.

Codes. The residence shall comply with all applicable requirements of the International Building Code, International Fire Code and the International Residential Code, as adopted by the City of Lee's Summit.

G.

Inspections. The Fire Department and other city departments shall be permitted to perform inspections as in any other business.

H.

Landscaping and screening. A bed and breakfast inn shall be subject to the landscaping requirements of Article 9.

I.

Length of stay. No person shall be an occupant of a bed and breakfast inn for more than 14 consecutive days.

J.

Other criteria. In determining whether a bed and breakfast inn is an appropriate use in the proposed location, the Commission and Governing Body may consider the following:

1.

Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property.

2.

Whether the use will adversely affect the existing use or usability of adjacent or nearby property.

3.

Whether the use is in conformity with the policy and intent of the comprehensive plan.

4.

Whether there are existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the proposed use.

(See Outdoor sale or lease of vehicles/equipment.)

A special use permit is required for storage of boats, recreational vehicles and maintenance equipment, whether in open or enclosed yards. Such facility shall meet the following conditions:

A.

The facility is to be located on land owned by, leased by, or under the control of the users or an association.

B.

Open yards are to be properly screened by means of a solid, sight-obscuring fence, not less than six feet in height. Screening directly adjacent to land zoned residential shall incorporate planted buffers as required in Article 8, Division III.

C.

All parking areas and access drives shall be paved.

D.

The requirements of the "exterior building materials design standards" in Article 8, Division 1, Subdivision 5, of this chapter shall apply to all applicable buildings.

A.

A cemetery, mausoleum or crematory shall be subject to the following conditions and restrictions:

1.

All applicable state regulations are met.

2.

Access is via an arterial or collector roadway.

(See Article 9 of this chapter.)

(See Industrial activity.)

A convalescent, nursing or retirement home shall be subject to the following conditions and restrictions:

A.

The property shall have a minimum lot area of 40,000 square feet and shall have a minimum lot width of 200 feet.

B.

Not less than 500 square feet of lot area is provided for each patient/resident.

C.

Side yards shall be increased to double the side yard required in the district.

D.

The architecture of the facility shall maintain a residential character.

Group day care is a special use in a residential structure occupied by a day care provider that cares for between five and ten persons for care for any part of a 24-hour day. The following requirements shall apply:

A.

The permit shall be issued to a particular provider. A change in the day care provider shall require another public hearing.

B.

All applicable state licensing requirements must be met. Proof of a current state license shall be required.

C.

Adequate access shall be provided that allows for pick-up and discharge of children or adults without creating traffic disruption on adjacent streets.

D.

Adequate outdoor space shall be provided for recreation purposes without creating a disturbance to surrounding properties.

E.

Usual hours of operation are limited to 6:00 a.m. to 6:00 p.m.

(See Outdoor sale or lease of vehicles/equipment.)

(See Plant nursery, garden center or greenhouse (excluding seasonal sales).)

A.

Defined. Group home facility for the disabled is a residential facility for the care of individuals who, upon completion of a course of treatment in a facility that provides an extensive treatment program for individuals 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 permanent housing of developmentally disabled individuals. A group home facility does not include any home in which eight or fewer unrelated mentally retarded or physically handicapped persons reside (RSMo 89.020).

B.

A group home facility shall be subject to the following conditions and restrictions:

1.

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

2.

Parking shall be indicative of the neighborhood in which located.

3.

The facility shall be a secondary facility operated and maintained by a facility that provides intensive treatment for individuals with disabling emotional disturbances or a contract facility wherein the individuals remain under the jurisdiction of the County or the State or a facility operated for developmentally disabled.

4.

The property shall have a minimum lot area of 20,000 square feet.

5.

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

6.

There shall be no sign advertising the nature of the use.

7.

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

8.

At the time of original approval no facility shall be located within 1,000 feet of another such facility or of a halfway house, a convalescent home, nursing home, retirement home, a children's nursery or a day care home. However, the Governing Body 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 man-made or natural barrier.

9.

The residential character of the structure shall be maintained.

A gun club, skeet or trap shoot, and outdoor target or archery range shall be subject to the following conditions and restrictions:

A.

Being located on a site of at least two acres.

B.

A two-year time limit renewable by the Governing Body after a public hearing.

C.

Must be able to demonstrate that all measures have been or will be taken to minimize any risk to adjoining properties stemming from the activities associated the use of guns and/or archery equipment.

A halfway house for parolees, prisoners, or juvenile shall be subject to the following conditions and restrictions:

A.

Paving and screening of all parking area.

B.

No more than four residents (excluding resident staff).

C.

No exterior evidence of such use and no sign advertising such use.

D.

The residential character of the structure shall be maintained.

E.

There shall be a minimum building size of 300 square feet for each resident and resident staff.

F.

At the time of original approval, no facility shall be located within 1,000 feet of another such facility, or a group home, or a convalescent center, or a children's nursery or boarding home, or a day care home. However, the Governing Body shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable man-made or natural barrier.

(See Outdoor sale or lease of vehicles/equipment.)

A hospital, substance abuse treatment facility or mental health facility shall be subject to the following conditions and restrictions:

A.

Health and sanitation requirements as may be imposed by the Governing Body and the Health Authorities of the City, County, or State.

B.

A minimum lot area of 20,000 square feet.

C.

The provision of at least 300 square feet of lot area for each patient or guest.

An industrial activity that uses or produces materials that can be offensive or dangerous by nature shall be subject to a special use permit. Such activity may include:

A.

Acid manufacture.

B.

Asphalt plant.

C.

Cement, lime, gypsum or plaster of paris manufacture.

D.

Chemical and allied products.

E.

Concrete batch plant.

F.

Distillation of bones.

G.

Explosive manufacture or storage.

H.

Fertilizer manufacture or storage.

I.

Gas manufacture.

J.

Garbage, offal, or dead animal reduction, processing or dumping.

K.

Hides and skins (storage, curing, and tanning).

L.

Meat or fish packing or storage plant.

M.

Meat processing.

N.

Miscellaneous manufacturing industries not permitted by right elsewhere.

O.

Petroleum or its products (refining of oil and gas).

P.

Processing or disposal plant, sewage or garbage.

Q.

Smelting of tin or copper, mining of iron ores.

R.

Stockyard or slaughter house.

S.

Stone clay glass and concrete products.

T.

Tar distillation or manufacture.

U.

Toxic waste or hazardous materials disposal site.

V.

Wholesale storage of Class I liquids.

W.

Wood distillation plant (charcoal, tar, turpentine, etc.).

A sanitary or demolition landfill is subject to a special use permit and all requirements of Chapter 25 of the Lee's Summit General Code of Ordinances and all applicable State laws.

Editor's note— Ord. No. 9812, § 4(Exh. B), adopted December 12, 2023, repealed § 6.970 which pertained to loft dwelling units.

A.

Definitions.

1.

Manufactured home. A dwelling fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. 5401—5445), which first became effective on June 15, 1976.

2.

Single sectional manufactured home. A manufactured home built in only one section at the factory, which section is transported over the road and forms a single-family residential structure at the site.

3.

Multi-sectional manufactured home. A manufactured home built in two or more sections at the factory, which two sections are transported over the road separately with assembly into a single-family residential structure at the site.

4.

Manufactured home lot. A parcel of land for the placement of one single or multi-sectional manufactured home and its accessory buildings for the exclusive use of its occupants.

5.

Manufactured home park. A parcel of land under single ownership that has been developed into lots for the placement of manufactured homes for residences.

6.

Manufactured home stand. That part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.

7.

Recreational vehicle. Vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size and weight as to not require special highway movement permits when drawn by a motorized vehicle.

8.

Seal. A device, label or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home to evidence compliance with applicable codes.

B.

General.

1.

Within a manufactured home park no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

a.

Single and multi-sectional manufactured homes.

b.

Parks, playgrounds, community centers and non-commercial recreational facilities.

c.

Structures and uses required for the operation of a public utility, the performance of a governmental function, or the operation or maintenance of the manufactured home park.

2.

In a manufactured home park, recreational vehicles shall not be occupied as living quarters and manufactured home sales lots shall not be permitted, but manufactured homes may be sold on lots they occupy in residential use.

3.

Commercial and service establishments intended to serve only persons within the manufactured home park may be constructed once a manufactured home park contains at least 100 manufactured home lots ready for occupancy. These establishments may occupy, including related parking area, no more than five percent of the area of the manufactured home park.

4.

Prior to the placement of a manufactured home for residential purposes within the corporate limits of Lee's Summit, a permit for the manufactured home shall be issued by the Building Official, subject to compliance with all provisions of this chapter.

5.

A manufactured home shall not be temporarily or permanently parked, stored or occupied on any public street or alley, nor on any lot or parcel within the City of Lee's Summit, except when in complete conformity to zoning and other applicable ordinances.

6.

Manufactured homes that do not bear a seal dated on or after June 15, 1976, shall not be permitted within the corporate limits of the City of Lee's Summit.

C.

Approval process for a manufactured home park. In addition to information required of all development plans, plans related to a manufactured home park shall contain the following elements:

1.

General layout of development with number of manufactured home lots and their approximate dimensions.

2.

Location of parking areas, size and capacity.

3.

Location and size of park and playground area.

4.

Location and type of accessory convenience building.

5.

Proposed street system for both public and private streets with setback lines indicated.

6.

General landscaping and screening plan.

7.

Typical layout of manufactured home lot showing size of lot, stand location and type, outdoor living area, location of refuse receptacles, walkways, parking area, curb and gutter location, and any other improvements included within the development.

8.

Gross and net density of proposed project and parking ratio.

D.

General site planning.

1.

Location. The development shall front on a primary thoroughfare or have frontage on a collector street and/or frontage road which has direct access to a primary thoroughfare.

2.

Access points. Minor streets shall not be connected with streets outside the park such that said minor streets will be used by through traffic. No lot within the manufactured home park shall have direct vehicular access to a street bordering the development.

3.

Peripheral yard setbacks. All sides of the manufactured home park shall have a 25-foot setback along exterior boundaries. Such yard may be used to satisfy open space depth requirements for individual lots, but shall not contain parking pads, carports, recreational shelters or storage structures.

4.

Landscaping. Along the property lines of the manufactured home park, fences or vegetative screening or a combination of fences and vegetative screening shall be provided.

5.

Storm shelters. The development shall provide a storm shelter or shelters. Such shelter facilities shall provide 15 square feet of unobstructed floor space per manufactured home space in structures either below ground or above ground with walls and roof designed to withstand a wind load of 200 miles per hour. The maximum distance to the entrance of the shelter from any manufactured home stand shall be 1,000 feet. Provisions shall be made for adequate emergency lighting and ventilating. At the time of submission of the building permit, the developer shall submit storm shelter drawings and certifications by an architect or engineer licensed in the State of Missouri that such proposed facilities meet the design standards of this section.

E.

Minimum standards.

1.

Minimum park size.

a.

No manufactured home park shall have a site smaller than 20 acres.

b.

The minimum tract width for portions used for general vehicular entrances and exits only shall be 100 feet; portions containing lots for dwellings and buildings, the minimum tract width shall be 200 feet. The tract shall be and remain in one ownership and shall be designed for the purpose of renting and/or providing spaces for placement of manufactured homes.

2.

Density. The maximum number of manufactured home units allowed within the manufactured home park shall be five units per acre.

3.

Minimum lots. No manufactured home park shall contain less than 100 lots, and at least 28 lots must be finished and ready for use with required storm shelter facilities prior to occupancy.

4.

Maximum lot coverage. A manufactured home and its accessory building(s) shall occupy not more than 35 percent of the lot area, except as follows:

a.

When a roofed area, such as a carport or outdoor recreation shelter, is open for 40 percent or more of its perimeter, its lot coverage shall be computed as one-half the area covered by the roof.

b.

When the manufactured home lot is adjacent to and has direct access to approved common open space not less than ten feet in minimum width, an additional five percent of the lot area may be occupied.

5.

Outdoor living area. An outdoor living area, commonly known as a patio, shall be provided on each lot equal to at least ten percent of its area. In no case shall such area be less than 300 square feet nor need be more than 500 square feet. The minimum horizontal distance of such area shall be not less than 15 feet. The outdoor living area shall be surfaced with concrete, asphalt or other approved hard surface. The parking area may not be considered to meet the requirements of outdoor living area.

6.

Spacing. All manufactured homes, including structural additions thereto, shall be located at least 20 feet from any other manufactured home, permanent building, interior roadways or common parking lot for more than two vehicles.

7.

Parking requirements. A minimum of two all weather parking spaces shall be provided for each manufactured home lot. These spaces may be located on the lot or in parking areas located not more than 60 feet from the manufactured home. Parking spaces shall be located off the public street or private drive. When parking is provided on each individual manufactured home lot, the minimum distance from roadway or street curb to manufactured home shall not be less than 25 feet. No parking area for more than two vehicles shall be designed in a manner to cause such vehicles to back out into the park's main road network.

8.

Common open space.

a.

No less than ten percent of the gross area of any manufactured home park shall be devoted to common recreational areas and facilities. Such open space shall be separate and aside from the open space provided on each manufactured home space. Said open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.

b.

One principal recreation and community area shall be provided that contains at least one-half of the total required open space. However, no principal recreation and community area need be larger than two and one-half acres.

c.

To be countable as common recreational area, interior-block ways for pedestrians or cyclists shall be at least ten feet in width and form parts of a system leading to a principal designation. Such ways may also be used for installation of utilities.

d.

To be countable as common recreational area, interior-block play areas for small children or other interior-block areas shall contain at least 1,000 square feet and be at least 20 feet at its smallest dimension.

9.

Stands and skirts. Each manufactured home space shall contain a Portland cement or asphaltic concrete stand on which the manufactured home will be situated. Each home shall be equipped with skirts on all sides and such skirting shall be of a finished nature and installed within 30 days of home placement.

10.

Anchoring. Each manufactured home shall be secured to the ground by use of anchors and tie-downs so as to resist wind overturning and sliding. Anchors and tie-downs shall be installed according to the rules and regulations of the State of Missouri and the Missouri Public Service Commission.

(See Outdoor sale or lease of vehicles/equipment.)

A.

Permits.

1.

Open face quarry, sand or gravel pit for the purpose of removing, screening, crushing, washing, or storage of clay, stone, gravel; concrete batching plant; asphalt plant; and related industries.

a.

No permit shall be issued until the location, development plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Commission and Governing Body.

b.

Such operation shall make provision for the preservation or restoration of the ground surface and cover and shown on the Development Plan.

c.

The special use permit shall not exceed five years but may be renewed by the Governing Body after public hearing.

2.

Underground mine.

a.

No permit shall be issued until the location, development plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Commission and Governing Body.

b.

The permit shall be for a limited period of time not to exceed ten years, and shall be subject to regulations and restrictions prescribed by the Governing Body.

B.

Prior to initiation of mining activities an application for a special use permit must be submitted that provides the following:

1.

Written stipulations that the activity will not have any harmful impacts on the environment (air, water, natural landscape), neighboring residents and businesses, or to livestock.

2.

A specific development plan indicating the extent of the area proposed to be mined and time schedule for completion of mining operations.

3.

Information as to how the operation will be buffered and methods to assure that no harmful off-site impacts will occur.

4.

A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes.

5.

Information on hours of operation and procedures (on- and off-site) related to any on-site blasting that might occur.

6.

Profiles describing any proposed subsequent use of the mined-out areas.

7.

Adequate financial bonding for damages.

C.

The removal area shall be completely enclosed with a fence not less than 6 feet in height.

D.

An earthen berm shall be provided that shields all operations from ground level view along all property lines.

E.

Where mining is occurring beneath agriculturally zoned properties the following conditions must be met:

1.

All surface access to such underground mine must be from a heavy industrial district.

2.

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

3.

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 not exceed 45 feet in height and be no closer than 30 feet to any property line.

A mini-warehouse facility shall be subject to the following conditions and restrictions:

A.

In any non-industrial district, a mini-warehouse facility must be enclosed on all sides by a wall or earthen berm that shields the development from view.

B.

Colors selected must be of muted shades.

C.

Roof pitch shall be 1:3.

Oil or gas production shall include wells, storage tanks, tank batteries, cleansers and separators. Oil and gas production shall be subject to the following conditions and restrictions:

A.

Oil or gas production shall meet all requirements of Chapter 18, Lee's Summit General Code of Ordinances, as well as all Missouri State Statutes and regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency.

B.

All state permits shall be obtained prior to application for a special use permit.

C.

Any oil or gas well within 150 feet of a residential district shall be visually screened.

D.

Any storage tank shall be located at least 150 feet from the property line.

E.

Any oil or gas well shall be removed after 180 days of non-production, as determined by production records.

(See Article 9.)

A.

Outdoor sale or lease of motor vehicles (including automobiles, vans, sport utility vehicles (SUV's), trucks less than one ton, personal watercraft or motorcycles) shall be subject to the following conditions:

1.

Motor vehicles must be set back ten feet from all property lines or in compliance with the district's setback lines, whichever is greater.

2.

No fencing is permitted in the area forward of the main building or within the front yard setback if no building exists on the premises.

3.

All display or storage area must be paved and the motor vehicles arranged in an orderly manner.

B.

Outdoor sale or lease of manufactured homes, motor homes, recreational vehicles, boats, trucks one ton or greater, large motorized maintenance, farming or construction equipment, and construction trailers shall be subject to the following conditions:

1.

Structures and vehicles for sale, lease or rental, must be set back 30 feet from all property lines or in compliance with the district's setback lines, whichever is greater.

2.

No fencing is permitted in the area forward of the main building or within the front yard setback if no building exists on the premises.

3.

All display or storage area must be paved and the vehicles/equipment arranged in an orderly manner.

Outdoor secondary sales of motor vehicles shall only be permitted as accessory sales at business locations where the primary business is vehicle related subject to the following:

A.

Primary motor vehicle related businesses shall include:

1.

Motor vehicle parts and supply.

2.

Motor vehicle repair services, both minor and major.

B.

Number and placement/display of accessory motor vehicles shall:

1.

Be limited to a maximum of five vehicles at any time.

2.

Be limited to existing parking spaces, for display purposes, in excess of the required parking spaces for the primary business use as determined by the Director on a case by case basis.

C.

Motor vehicle accessory sale locations shall be limited to specific areas identified in Figure 6-1 as follows:

1.

Major arterials. Allowed only within a one-quarter mile wide strip measured one-eighth mile from centerline on each side of the arterial.

2.

Entry gateways. Prohibited within one-quarter mile radius.

3.

Primary intersections. Prohibited within one-eighth mile radius.

D.

Minimum landscaping shall be required:

1.

Between street right-of-way and parking lot display of motor vehicles, and

2.

To include a 30-inch high berm with shrubbery and ornamental trees as approved by the Governing Body

E.

Signage.

1.

One sign per motor vehicle.

2.

Six square feet maximum area.

3.

Located inside motor vehicle

A penal or correctional institution shall be subject to a special use permit.

A special use permit is required for a plant nursery, garden center or greenhouse as a primary use located in any district other than an agriculture district. The nursery, garden center or greenhouse shall meet the following restrictions or conditions:

A.

Parking areas for customers must be paved.

B.

Fencing and screening must be provided in accordance with Article 8, Division 3.

C.

All lighting and electrical wiring must meet applicable codes.

D.

All plant stock not enclosed within a structure shall be set back at least 50 feet from a residential property line.

E.

No merchandise shall be within the required yard setbacks.

F.

Greenhouses shall be maintained in good operating conditions.

G.

All outside storage of planting materials (soils, sand, peat moss, etc.), nutrients, pest sprays, etc., shall be screened from view within commercial districts.

H.

See "garden center" as an accessory use if use is accessory to other commercial operations.

A special use permit is required for an outdoor offsite produce stand. All applicable Jackson County Health Department regulations shall also be met.

An outdoor commercial recreation facility or area such as an amusement park, a baseball or an athletic field, a race track or fairground with incidental concession facilities, picnic grounds, fishing, swimming and other types of commercial recreation facilities shall be subject to the following conditions and restrictions:

A.

The facilities shall be set back from the boundaries of adjoining property as follows:

1.

The facilities and grounds shall be a sufficient distance from any area zoned or used for residential purposes so that noise, traffic generation and other effects will not adversely impact the residential development.

2.

Where the property adjoins an area zoned or used for residential purposes, no building or facility shall be nearer than on 100 feet and no driveway or parking area shall be nearer than 50 feet of such boundary unless topography or other factors justify a lesser setback.

B.

The design and layout of the facility shall be in a fashion that minimizes sound and light at the property line.

C.

A sound amplification system or any other noise caused by the operation shall not exceed 65 decibels as measured at such boundary.

D.

Outdoor lighting shall be so designed that light sources are not visible from such boundaries and include shields or cutoffs at the light source to redirect light away from such boundaries.

E.

Access to the property shall be directly from arterial streets, and traffic generation and other effects will be handled so as not to adversely affect adjoining property.

F.

Landscaping, berming, or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of Article 8, Division 3 of this chapter.

G.

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 Governing Body may renew the permit upon expiration.

A.

A special use permit is required for an outdoor non-commercial recreational facility for team sports, for an accessory use to a subdivision, apartment development or church, or for any other non-commercial, principal recreation use if:

1.

It is lighted for night use,

2.

Is utilized for intensive play for leagues, tournaments or used by teams outside the subdivision, apartment development, church or other principal use to which the facility is accessory,

3.

Includes permanent or temporary spectator seating, or

4.

Is a baseball or softball field.

B.

The following setbacks from adjoining residentially zoned or used property boundaries shall apply:

1.

Courts and fields for one- or two-person teams (e.g., tennis courts) shall be set back at least 50 feet. Courts and fields for three- or more-person teams shall be set back at least 100 feet. All lighted courts and fields shall be set back 100 feet.

2.

Spectator seating areas shall be set back from such boundaries at least 100 feet and shall be located and oriented to minimize noise at such boundaries.

3.

A fence more than six feet in height shall be set back from such boundaries a distance equal to the height of the fence.

C.

The design and layout of the recreation facility on the property shall be in a fashion that minimizes sound and light at the property line.

1.

A sound amplification system or any other noise caused by the operation shall not exceed those established by Lee's Summit's Noise Ordinance as measured at such boundary.

2.

Outdoor lighting shall be so designed that light sources are not visible from such boundaries and reflectors and baffles at the light sources direct light away from such boundaries.

D.

Access to the property shall be directly from arterial or collector streets, and traffic generation and other effects will be handled so as not to adversely affect adjoining property.

E.

Landscaping, berming, or fencing shall be provided as required to minimize adverse effects.

(See Outdoor sale or lease of vehicles/equipment.)

A.

Definitions.

1.

Recycling collection facility. A recycling collection facility is a facility for the deposit or drop-off of recyclable materials. A recycling collection facility is not a salvage yard. Such a facility does not do processing except limited baling, batching, and sorting of materials. It is designed to allow for a combination of bins, boxes, trailers, reverse vending machines, and other containers for the collection of recyclable materials.

2.

Recycling processing facility. A recycling processing facility receives material from the public and/or other recycling facilities and uses power-driven machinery to prepare materials for efficient shipment by such means as flattening, sorting, compacting, baling, shredding, grinding and crushing.

3.

Recyclable material. Recyclable material is "feedstock" used for direct conversion to manufactured products. It includes, but is not limited to cans, bottles, plastic, and paper. Items composed of more than one material, such as salvaged vehicular parts, are generally not considered a recyclable material.

B.

Applicability.

1.

A special use permit for a recycling collection facility may be approved in any residential or non-residential district subject to the following conditions and restrictions:

a.

In a residential district, the facility is located on the grounds of a church or school.

b.

In all districts, the conditions specified in this section are met.

2.

This section does not apply to the following facilities:

a.

Temporary recycling collection facility (See Division IV of this article).

b.

Recycling processing facility. A recycling processing facility is considered a salvage yard and is subject to a separate special use permit.

C.

Conditions of special use permit approval.

1.

The days and hours of operation are approved by the Governing Body.

2.

A development plan is submitted showing traffic circulation on the site and showing how the sign, lighting, landscaping and fencing requirements of this chapter will be met.

3.

Materials are not stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces.

4.

Storage of materials is not allowed outside of the semi-trailers, bins, barrels or other appropriate containers.

5.

Containers are painted and well maintained.

6.

The site is kept clean and free of litter and debris, and weeds are controlled.

7.

Rodents and other pests are controlled.

8.

Activity is at least 150 feet from other property zoned or used for residential purposes.

Salvage yard, tow lot, scrap yard, junkyard, automobile wrecking yard or similar operation is subject to the following restrictions and conditions:

A.

The operation shall be enclosed by a fence or wall not less than eight feet in height that provides total visual screening. Such screening shall be maintained in good condition and meet the standards established for buffers in Article 8, Division 3 of this chapter.

B.

The storage of vehicles shall be on an all-weather treatment of asphalt or concrete. Vehicles shall be arranged in rows and not stacked upon one another.

C.

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes. The incidental sale of auto parts removed from cars on the site shall be permitted.

A sewage treatment or garbage processing/disposal facility shall meet all requirements of Chapter 18, Lee's Summit General Code of Ordinances and applicable State and Federal laws.

A solid waste transfer station shall be subject to a special use permit.

In addition to the special use regulations contained in this article, indoor climate controlled storage facilities shall be subject to the following conditions:

A.

All activities shall be carried on inside the structure.

B.

Four-sided architecture shall be required.

C.

No outside storage of any kind shall be permitted on the premises.

D.

PO District requirements shall be used for building placement, minimum lot size, height, setbacks, signage and landscaping.

(Ord. No. 8527, § 1, 12-18-2018)

Editor's note— Ord. No. 8527, § 1, adopted December 18, 2018, set out provisions intended for use as § 6.1190. For purposes of classification, and at the editor's discretion, these provisions have been included as § 6.1185.

A.

Purpose. The purpose of these standards is to establish general guidelines for the siting of communication towers, antenna structures and antennas for commercial wireless telecommunications.

B.

Goals.

1.

Encourage the location of towers, where necessary, in non-residential areas;

2.

Encourage the joint use of new and existing telecommunication tower sites and other antenna structures;

3.

Encourage telecommunication towers, other antenna structures, and antennas to be configured in a way that minimizes the adverse visual impact on the community;

4.

Encourage users of communication towers, other antenna mounts, and antennas to configure them in a way that minimizes the adverse visual impact of those structures;

5.

Enhance the ability of the City to ensure that wireless telecommunications services are provided to the community quickly, effectively, and efficiently.

C.

Minimize the potential adverse effects associated with telecommunication towers through the implementation of reasonable design, landscaping, and construction practices; and:

1.

Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.

D.

Definitions.

1.

Telecommunications tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. Terms associated with tower shall mean as follows:

a.

Alternative communication tower structure shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

b.

Antenna shall mean any exterior apparatus or apparatuses designed for telephonic, radio, data, Internet, or television communications through the sending or receiving of electromagnetic waves including equipment attached to a tower or building for the purpose of providing personal wireless services including, for example, cellular, enhanced specialized mobile radio and personal communications services telecommunications services, and its attendant base station.

c.

Antenna for non-commercial use shall mean any antenna external to a building, including any supporting structure such as a tower, which is not hand-carried while in use and is used for: Reception or electromagnetic signals, such as radio or television broadcasts or direct satellite television; or for transmission of electromagnetic signals by a licensed amateur radio operator or by means of an Earth-orbiting satellite communications device.

d.

Antenna, panel shall mean an antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also, referred to as directional antennas.

e.

Antenna support structure shall mean any mast, pole, tripod, tower or similar structure used to support an antenna.

f.

Antenna system shall mean the combination of an antenna and antenna support structure.

g.

Antenna system height shall mean the overall vertical length of the antenna system above grade. If such system is located on a building, the overall height shall include the height of the building.

h.

Antenna tower shall mean a structure designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be free-standing (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or either lattice or monopole construction.

i.

Antenna, whip shall mean an antenna that transmits signals in 360 degrees. They are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 feet in height. Also called omni-directional, pipe, or stick antenna.

j.

Coaxial cable shall mean a cable consisting of one or more cylinders with a single wire running down the center of each cylinder.

k.

Mast shall mean any structure or part of an antenna that has vertical dimensions greater than five times its horizontal dimension that supports or lends support to any part of an antenna.

l.

Microwave shall mean electromagnetic radiation with frequencies higher than 1,000 MHz; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.

m.

Microwave radio shall mean a line-of-sign radio transmission using very short wavelengths, corresponding to a frequency of 1,000 megahertz or greater.

n.

Radio transmitting and receiving antenna shall mean an array or system of wires, tubing and supporting members mounted on a mast, tower or building, used for transmitting and/or receiving radio signals that include, but are not limited to, citizen band and other special frequencies.

o.

Satellite parabolic or dish receiving antenna shall mean a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, bowl, or cornucopia. Such device shall be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas. See: Division IV, Table 6.IV-1 of this article.

p.

Satellite relay shall mean an active or passive satellite repeater that relays signals between two earth terminals.

q.

Standard residential receiving antenna shall mean an array made up of small metal tubing and supporting members that are commonly installed on or near residential buildings for the purpose of receiving television or radio signals. See: Division IV, Table 6.IV-1 of this article.

r.

Telecommunications carrier shall mean a company that provides wireless services. Telecommunication carriers may or may not own the tower they are on; if they are not the owner they are typically leasing the space from a tower company.

s.

Telecommunications facilities equipment shelter shall mean a facility, shelter, cabinet, shed, or vaults used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include, for example, air conditioning, backup power supplies and emergency generators.

t.

Tower company shall mean a company that owns, operates and maintains the tower infrastructure.

u.

Tower, guyed shall mean a monopole or lattice tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

v.

Tower, lattice shall mean a tower characterized by an open frame-work of lateral cross-members that stabilize the structure.

w.

Tower, monopole shall mean a telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors.

x.

Tower, self-supporting shall mean a lattice telecommunications tower that is constructed without guy wires and ground anchors.

y.

Wireless telecommunication shall mean the transmission through the air of information in the form of electromagnetic or optical signals; including television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic or optical wireless communication.

z.

Wireless telecommunication facility shall mean a facility including antennas and transmitting and receiving equipment for wireless telecommunication, including personal wireless services facilities.

E.

Applicability.

1.

Antenna and antenna structure. An antenna and antenna structure, any portion of which is located within the City of Lee's Summit, shall be subject to this chapter, except as otherwise provided herein.

2.

Utility poles. The provisions of this chapter shall not apply to utility poles that are utilized for the support of electrical, telephone, cable television, or other similar cables and wires, are located on public rights-of-ways or easements for that purpose, and are a part of a system of such poles throughout the City of Lee's Summit.

3.

Amateur radio, receive-only antenna. The requirements of section 6.1200 shall not govern any telecommunications tower or the installation of any antenna that is:

a.

Under 70 feet in height;

b.

Setback from all structures on the same lot, tract, or parcel, and all structures on adjacent lots, tracts, and parcels, a distance equal to its height; and

c.

Owned and operated by a federally-licensed amateur radio station operator.

4.

Pre-existing communication tower, other antenna structure, and antenna. A pre-existing communication tower, other pre-existing antenna structure, and pre-existing antenna shall not be required to meet the requirements of this section except upon expiration of an existing special use permit.