Mission City Zoning Code
CHAPTER 415
Supplemental District Regulations
Section 415.010 Height, Area and Yard Exceptions.
[Code 1974 §§13-602-16-605; Ord. No. 621, 10-27-1982; CC 2000 §§13-423-13-426; Ord. No. 1007 §16-225, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.010), 9-24-2003]
A.
The regulations and requirements as to height of buildings and area of lots as found in each foregoing use district is modified as found herein.
B.
Height Exceptions. In any district, public or semi-public buildings, such as churches, schools, hospitals, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed specified height limit as established by the regulations of the district in which such buildings are situated.
Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Items such as flagpoles, chimneys, cooling towers, elevator penthouses, radio or television antennas, cupolas, spires and the like may be erected to a height in accordance with existing or hereafter enacted laws affecting the same.
C.
Yard Exceptions.
1.
Where variations presently exist from front yard setbacks as specified in each use district or where terrain features or lot configuration make it more desirable to alter the setback as called for in the use district, the Planning Commission may recommend a variance be permitted.
2.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves provided that none of the above projections shall extend more than thirty (30) inches into a minimum yard and, provided further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard and existing open porches extending into the required yard shall not be enclosed.
3.
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 (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
4.
In any district, a detached accessory building, swimming pool, game court, patio may be built that does not occupy more than thirty percent (30%) of the back yard area.
D.
Site Distance On Corner Lots.
1.
All corner lots shall provide a sight distance triangle, the short leg of which shall be twenty (20) feet and the long leg of which shall be one hundred forty (140) feet measured along the curb line or edge of the pavement. Such area shall be and remain free of shrubbery, fences or other obstruction to vision more than two (2) feet in height measured from the roadway.
2.
Obstructing intersection view — exceptions. The provisions of Section 415.010(D)(1) shall not apply to permanent buildings; public utilities poles; hedges trimmed to a height of less than two (2) feet; trees, the limbs of which are at all times kept trimmed of limbs and sucker growth on the trunk to a height of at least eight (8) feet or the limbs of which overhang the public street and are at all times kept trimmed of sucker growth to a height of at least thirteen (13) feet; plant species not planted in the form of a hedge which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; fences not placed in accordance with the zoning regulations of the City; provided that any such fence shall not restrict vision of traffic on any abutting street; supporting members appurtenant to permanent buildings existing on the publication date of this Code; official warning signs or signals; to places where the contour of the ground is such that there can be no cross visibility or signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction; and non-commercial signs constructed parallel with the base line which in the opinion of the Police Department do not obstruct the clean site zone. All heights herein mentioned shall be measured from the gutter grade at the apex of the clear zone triangle.
3.
Obstructing intersection view — pre-existing violations not excepted. No obstruction to cross visibility shall be determined to be an exception from the application of this Article because of its being in existence on the publication date of this Code, unless expressly exempted by the terms of this Article.
4.
Obstructing intersection view — notice, removal by property owner. When in the opinion of the Police Department an obstruction to visibility exists as prohibited herein, it shall be the duty of the Police Department to give notice in writing to the property owner or owners or occupants, provided that the notice shall specify in what manner a traffic hazard has been alleged to exist. The notice shall direct the removal by the property owner or owners of such structures, trees or other obstructions which constitute the traffic hazard. The property owner or owners shall be allowed ten (10) days in which to comply with the order, except obstructions of a temporary nature which shall be removed on notice.
5.
Obstructing intersection view — removal by City. If within ten (10) days after the service of such notice, either by mailing or by personal delivery, the owner or owners of the lot or parcel of land have failed, refused or neglected to remove such obstructions, then the City shall cause to be removed such obstructions on the lot or pieces of land of the owner and the cost of such removal shall be assessed and charged against the lot or parcel of ground on which the obstruction was located and the City Clerk shall, at the time of certifying other City taxes, extend the same on the tax rolls of the County against the lot or parcel of ground and it shall be collected by the County Treasurer and paid to the City as other taxes are collected and paid.
E.
Through Lot With One End Abutting A Limited Access Highway. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
F.
Accessibility To Rear Portions Of Lots — All Districts. Accessibility to the rear portion of all lots for four-wheeled vehicles from and to a public street or alley is required.
Section 415.020 Purpose and Intent.
[Ord. No. 1007 §16-229.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.020), 9-24-2003]
It is the purpose and intent of this Article to improve the well-being of the community by the control of fencing and the requiring of proper screening to enhance visual surroundings by screening out unsightly views and conditions, to increase the quality of living by upgrading conditions within the City of Mission, to protect the residential community by affording a level of privacy and at the same time establishing better scale and controls to the business and commercial areas. It is desirable to encourage combinations of elements of appropriate fencing, land berming and planting barriers and to soften hard transition areas. It is equally desirable to maintain a high degree of traffic safety by proper location of screening and fencing so that safety will remain paramount.
Section 415.030 Where Screening and Fencing Is Required.
[Ord. No. 1007 §16-229.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.030), 9-24-2003]
A.
Screening and fencing is required at the following locations:
1.
Where Districts "C-O" through "M-1" abut a residentially zoned district, not less than a six (6) feet (6) high solid screen fence or wall will be erected along the abutting rear or side property lines which are common to the property zoned for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings. In addition to the fencing, sufficient landscaping, berming and plant material will afford a pleasing and softening variety so that the view is equally pleasant from the non-residential side. Where an equal fence exists on the abutting residential property, it will not be required on this property. Details shall be included in the landscape or construction plans.
2.
All multi-family residential projects and all commercial, office, industrial or special use projects shall include on the site plan a detailed drawing of enclosure and screening method to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent masonry or frame enclosure shall be provided and maintained for each such bin.
3.
In any district where a retaining wall is needed because of abrupt changes in the grade, planting and fencing shall form a protective barrier to prevent loss or injury.
4.
Around a swimming pool, whether private or public, shall be a protective fenced enclosure not less than five (5) feet high including a locking gate which shall be locked at all times when the facility is unattended.
5.
Around and about hazardous areas, holes, new construction, etc., whether temporary or permanently necessary to protect against intrusion, for control or to give a degree of privacy or whatever reason, to protect the public from a hazardous situation.
6.
Where it is deemed necessary as a solution to a problem by the Planning Commission or Governing Body.
7.
All roof-mounted mechanical equipment shall be screened on all sides to the extent that such equipment will not be seen from adjacent property or street at normal eye level. Such a screen shall be of a material that harmonizes with the building.
Section 415.040 Where Screening and Fencing Is Prohibited.
[Ord. No. 1007 §16-229.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.040), 9-24-2003; Ord. No. 1260 §3, 5-21-2008]
Post and rail fencing or other such decorative fencing may be built to a height of three (3) feet in the front yard or side yard abutting a street. (Also see Section 415.010(D) Site Distance on Corner Lots.) The maximum height of a fence in the rear yard of a lot zoned residential shall be six (6) feet. The smooth side of the fence must face the neighboring property. Installation of electric, barbed wire razor ribbon, barbed wire or other similar fences shall be prohibited in all zoning districts. Barbed wire assemblages atop fences shall be prohibited in residential zoning districts. In the interest of safety, every attempt shall be made to eliminate blind corners near all drive and street intersections. Nothing shall discourage or prohibit the landscaping, planting or screening of other areas that are not hazardous to traffic.
Section 415.050 Maintenance.
[Ord. No. 1007 §16-229.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.050), 9-24-2003]
A.
It is expected that the owners of fences will maintain and keep them in good repair at all times. Fences and screening approved on zoning plans and construction plans are elements of the project in the same manner as parking and other details are elements of the plan.
B.
The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.
C.
Should fencing and screening not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered unlawful and in violation of the terms of the building or occupancy permit. The Building Official or his/her designee is empowered to enforce the terms of this Title.
Section 415.060 General Conditions and Plan Requirements.
[Ord. No. 1007 §16-228.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.060), 9-24-2003; Ord. No. 1260 §4, 5-21-2008]
A.
The location of all trees twelve (12) inches or greater in diameter, measured at four and one-half (4½) feet above the ground, which are proposed to be removed, shall be shown on the landscape plan. Where the number of such trees on a site is so great as to make individual locations impractical, the location of groups or clusters of such trees, with the average size and approximate number, may be shown instead.
B.
In addition to the minimum number of trees to be planted as set forth in Section 415.090, the appropriate number or amounts of shrubs, ground cover and/or turf area plantings that shall be included within each project shall be determined by the design criteria within each project as established by the City Planning Commission as they relate to visual safety, species used and landscape function.
C.
With the exception of "R-1", "R-2", "RP-1" and "RP-2" zoning districts described in Chapter 405, Article III, Section 405.070 et seq., all plans submitted for approval of a landscape plan shall have the following information included:
1.
North point and scale.
2.
Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.
3.
The location, sizes and surface of materials of all structures and parking areas.
4.
The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscaping installation.
5.
The location, type, size and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grade and condition shall be specified according to American Association of Nurserymen Standards.
6.
The location, size and common name of all existing plant materials to be retained on the site.
7.
Mature sizes of plant material drawn to scale and called out on plan by common name or appropriate key.
8.
Location of hose connections and other watering sources.
9.
The location of all trees twelve (12) inches caliper or larger measured at four and one-half (4½) feet above ground level on site that are proposed for removal.
Section 415.070 Intent.
[Ord. No. 1007 §16-228.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.070), 9-24-2003; Ord. No. 1260 §5, 5-21-2008]
A.
The purpose of such landscaping is:
1.
To provide greenery to visually soften paved areas and buildings. To reduce energy consumption, enhance environmental well-being, make cool and inviting.
2.
To establish desirable environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation and noise, glare and heat abatement.
3.
To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to this region. Landscaping plans shall comply with Kansas State University Extension Office 10% rule, ensuring the future health of the landscape from infestation and disease epidemics in that no one (1) tree or variety of species should be more than ten percent (10%) of the total population.
4.
To buffer and screen uncomplimentary land uses and enhance the quality and appearance over the entire site of the project.
Section 415.080 Definitions.
[Ord. No. 1007 §16-228.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.080), 9-24-2003; Ord. No. 1260 §6, 5-21-2008]
As used in this Article, the following terms shall have these prescribed meanings:
Generally those trees which shed their leaves annually, such as Ash, Sycamore, Willow, etc.
Generally those trees which do not shed their leaves annually, such as Pine, Spruce, Juniper, etc.
Landscaping materials or living low-growing plant, other than turf grass, installed in such a manner so as to form a continuous cover over the ground surface.
Consists of such living material as trees, shrubs, ground cover/vines, turf grasses and non-living material such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement) and/or other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.
All land area within the property lines not covered by building or pavement.
Generally include those species of trees that reach a height of seventy (70) feet or taller at maturity.
Generally thirty (30) to seventy (70) feet in height at maturity.
Species of perennial grass other than those designated as noxious weeds by the State of Kansas Department of Agriculture and Entomology.
That distance of open area between the curb line and the building setback line.
That distance of open area between the street right-of-way line and the building setback line.
Any self-supporting, woody plant of a species which normally grows to an overall height of less than fifteen (15) feet in this region.
Generally thirty (30) feet or less in height at maturity, including ornamental flowering trees and "patio" trees.
Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen (15) feet in this region.
A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes.
The American Standard for Nursery Stock, as published by the American Association of Nurserymen and incorporated by reference herein, shall be referred to in determining the applicability of the above definitions.
Section 415.090 Minimum Tree Requirement Per Zoning District.
[Ord. No. 1007 §16-228.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.090), 9-24-2003; Ord. No. 1260 §7, 5-21-2008]
A.
In all zones one (1) tree is required for each fifty (50) feet of street frontage or portion thereof. Said trees shall be planted within the landscape setback abutting said street frontage. Trees may be clustered or arranged within the setback and need not be placed evenly at fifty (50) foot intervals. In addition, provide one (1) tree for each dwelling unit or every three thousand (3,000) square feet of landscaped open space. In addition, provide one (1) tree for each twenty (20) cars of parking area located dispersed in the parking area not at the perimeter.
B.
Supplementary to the minimum number of trees required as outlined in this Section, existing trees saved on the site during construction may be credited toward the minimum number required. Those existing trees shall be a minimum of four (4) inches caliper measured at four and one-half (4½) feet above the ground for medium and large deciduous species. Minimum size for ornamental and evergreen species shall be three (3) feet in height. All existing plant material saved shall be healthy and free of mechanical injury.
Section 415.100 Planting Requirements.
[Ord. No. 1007 §16-228.05, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.100), 9-24-2003; Ord. No. 1260 §8, 5-21-2008]
A.
The minimum planting sizes for all plant material shall be the following:
1.
Medium and large deciduous shade trees. Two (2) inch caliper as measured six (6) inches above the ground as specified by the American Association of Nurserymen.
2.
Small deciduous or ornamental trees. Six (6) feet in height as specified by the American Association of Nurserymen, with the exception of true dwarf species.
3.
Conifers. Five (5) to six (6) feet in height.
4.
Upright evergreen trees. Six (6) feet in height as specified by the American Association of Nurserymen, except for true dwarf varieties.
5.
Shrubs shall be of a size in keeping with the scale of the building and as approved by the Planning Commission.
6.
Ground cover plants. Crowns, plugs, containers — in a manner as appropriate by species to provide fifty percent (50%) surface coverage after two (2) growing seasons.
7.
Turf and native grass. Seeding as appropriate to provide complete coverage within the first (1st) growing season.
8.
Sod. Except for single-family dwellings, all slopes of one (1) foot tall in four (4) feet horizontal distance or steeper and all turf areas within twenty (20) feet of a building and all areas within a public right-of-way shall be sodded.
B.
The current "Preferred Tree Species for Northeast Kansas" as published by the Kansas Forest Service, is the accepted reference for planting selections.
Section 415.110 Planting Requirements Within Parking and Vehicular Use Areas.
[Ord. No. 1007 §16-228.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.110), 9-24-2003; Ord. No. 1260 §9, 5-21-2008]
A.
The intent of this Section is to encourage interior landscaping within vehicular parking areas, to break up the large expanses of pavement and to provide relief from the reflected glare and heat, as well as to guide vehicular and pedestrian traffic.
B.
All parking lots containing twenty-five (25) or more spaces shall include the following landscaping:
1.
Not less than six percent (6%) of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of parking spaces by two hundred seventy (270) square feet. Planting which is required along the perimeter of a parking lot shall not be considered as part of the interior landscaping requirement.
2.
The landscaping and planting areas shall be reasonably dispersed throughout the parking lots.
3.
The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to ensure proper growth. Each area shall be protected by Portland cement concrete vertical curbs or similar structures.
4.
The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
5.
In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as being free of mechanical injury and meeting the requirements in Section 415.090.
6.
No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners or in the intersection of a public right-of-way that the traffic engineer determines is an obstruction to visibility, extends into sight lines as stated in Section 415.010 or is a traffic hazard.
Section 415.120 Landscaping in Place Prior To Occupancy Permit.
[Ord. No. 1007 §16-228.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.120), 9-24-2003; Ord. No. 1260 §10, 5-21-2008]
A.
All landscape material, living and non-living, shall be in place prior to issuance of final occupancy permit.
B.
All plant material shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.
Section 415.130 Maintenance.
[Ord. No. 1007 §16-228.08, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.130), 9-24-2003; Ord. No. 1260 §11, 5-21-2008]
A.
The trees, shrubs and other landscaping materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.
B.
The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.
C.
Plant material which exhibits evidence of insects, pests, disease and/or damage shall be appropriately treated and dead plants promptly removed and replaced within the next planting season.
D.
All landscaping will be subject to periodic inspection by the City's Building Official or his/her designee.
E.
Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered unlawful and in violation of the terms of the building or occupancy permit. The Building Official or his/her designee is empowered to enforce the terms of this Title.
Section 415.140 Application.
[Ord. No. 1589, 8-16-2023]
The provisions of this Article shall apply to all zoning districts within the City of Mission.
Section 415.150 Definitions.
[Ord. No. 1589, 8-16-2023]
As used in this Article the following terms shall have the meanings indicated:
A battery-powered device, whether or not such device is shaped like a cigarette, which can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.
A retail establishment that derives at least fifty percent (50%) of such establishment's revenue from electronic cigarettes and electronic cigarette products or a retail establishment that holds itself out or advertises itself primarily as an electronic cigarette retail establishment.
Plants of the nightshade family with high levels of nicotine.
Cigarettes, cigars, cheroots, stogies; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.
Any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
Section 415.160 Distance Requirements.
[Ord. No. 1589, 8-16-2023]
A.
No tobacco retailer or electronic cigarette retail establishment shall be located within one thousand (1,000) feet of any other tobacco retailer or electronic cigarette retail establishment within Mission City limits or outside City limits, or within one thousand (1,000) feet of any property used or zoned for parks, school, college, or church. The separation distances shall be measured from or to the outer wall of the tobacco retailer or electronic cigarette retail establishment to the property line of the property containing the park, school, college or church.
1.
Exception: If such park, school, college or church is established within one thousand (1,000) feet of any tobacco retailer or electronic cigarette retail establishment after the premises has been licensed for such, the premises shall remain an eligible location for said licensing as long as the premises remains in compliance with Subsection (B) below.
B.
In the event any tobacco retailer or electronic cigarette retail establishment abandons or discontinues as a tobacco retailer or an electronic cigarette retail establishment in operation prior to the effective date of this Section, any future tobacco retailer or electronic cigarette retail establishment operated at the same location shall be required to comply with the distance requirements set forth in this Section. This provision shall not apply to a change in ownership which may occur by operation of law, including a court order, divorce, death, mortgage foreclosure, bankruptcy or transfer by contract, provided there is a continuous occupancy or operation of the tobacco retailer or electronic cigarette retail establishment at the licensed location.
C.
Each tobacco retailer or electronic cigarette retail establishment shall retain the records of purchases and sales for a period of one (1) year. These records are subject to inspection by the City and shall be provided within a reasonable time upon request. The records may be in electronic or paper format. If electronic, the records must be available to print upon request by the City.