Land Use Committee Amendment
January 9, 2012
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE amending subsection 24002.2 and repealing subsections 24004.8 and 24004.9, Jackson County Code, 1984, relating to land use in the unincorporated County, and enacting, in lieu thereof, three new subsections relating to the same subject, with a transition provision.
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ORDINANCE #4378, January 3, 2012
INTRODUCED BY Crystal Williams, County Legislator
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WHEREAS, it is in the best interests of the health, welfare, and safety of the citizens of Jackson County that the Legislature adopt standards relating to the location of new pawnshops and short-term loan establishments in the unincorporated County; and,
WHEREAS, at its meeting of November 17, 2011, the Plan Commission unanimously recommended the adoption of the standards in this regard that are embodied in this Ordinance; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Subsection 24002.3, Jackson County Code, 1984, is hereby amended to add the following definitions to that subsection, with existing definitions to be renumbered accordingly:
Pawnshop. A business that lends money on the security of pledged goods or that is engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pawnshops and pawnbrokers are further governed by chapter 367, RSMo.
Short-term loan establishment. An establishment which (a) engages in the business of loaning money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck, or car title, or (b) is registered as a lender under state or federal law. This classification does not include a state or federally chartered bank, savings and loan association, credit union, or mortgage broker or originator. Further, this classification does not include establishments selling consumer goods, including consumables, where the loans or the cashing of checks or money orders are incidental to the main purpose of the business. This classification does include, but is not limited to, check cashing stores, payday loan stores, and car title loan stores.
Subsections 24004.8 and 24004.9, Jackson County Code, 1984, are hereby repealed, and three now subsections enacted in lieu thereof, to be known as subsections 24004.8, 24004.9, and 24005.15, to read as follows:
24004.8 LOCAL BUSINESS DISTRICT (LB)
a. Purpose. The Local Business District (LB) is intended to provide limited retail, service and office facilities for the convenience of residents in the vicinity of the district. Uses should be designed and operated to be compatible in scale and appearance with a nearby residential development. LB districts should be located at the intersections of collector or major roads. The Local Business District is appropriate in the Urban, Suburban or Rural Development Tier as depicted on the Development Diagram (Exhibit VI.3) of the Master Plan. Service levels should be adequate to meet normal and emergency demands from proposed uses in the LB district.
b. Permitted Uses. The following uses are authorized as permitted uses subject to a limitation of 10,000 square feet gross building floor area and any other conditions established in these district provisions:
1. Art and photographic supplies/sales, developing and studios.
2. Automobile repair with all repair facilities contained within a building and no outside storage of inoperable vehicles;
3. Bakeries.
4. Banks, savings and loan associations, credit unions and related financial institutions
5. Car washes, self-service.
6. Churches, temples, synagogues, mosques and related community buildings.
7. Civic clubs, private clubs, fraternal or sororal organizations.
8. Fire stations and EMS facilities.
9. Gasoline sales and service stations.
10. Group day care home or day care center subject to the conditions established in Section 24005.6.
11. Health clubs, gymnasiums and similar recreational uses.
12. Hospitals and clinics.
13. Hotels and motels.
14. Indoor movie or live theaters, excluding adult uses.
15. Libraries.
16. Mortuaries.
17. Museums.
18. Off-premise signs pursuant to Section 24007.
19. Office and service facilities.
20. Personal service shops.
21. Post offices, retail packaging and shipping services.
22. Printing, photocopying and document production/reproduction shops.
23. Public buildings, parks and facilities.
24. Restaurants, with no sales of alcohol, and no dancing or other forms of entertainment.
25. Retail and service - local.
26. Sale, rental and repair of appliances, bicycles and small equipment, conducted within an enclosed building.
27. Schools (public or private), and related structures, for grades K - 12.
28. Sports courts, swimming pools and tennis courts.
29. Telecommunications facilities pursuant to Section 24005.21.
30. Trades shops, for the manufacture or repair and sale of goods comprised of metal, wood, glass, plastic or other products, with manufacturing floor area limited to fifty percent (50%) of gross building floor area.
31. Utility distribution and collection facilities, excluding production, treatment and electrical transmission facilities.
32. Water storage tanks, fill stations or towers on a site including one-half acre or more.
c. Conditional Uses. The following conditional uses are authorized, subject to the provisions of Section 244003.21.
1. Cemeteries and burial grounds.
2. Cocktail lounges, bars, taverns, night clubs and other establishments serving alcoholic beverages, excluding adult uses.
3. Electrical transmission lines pursuant to Section 24005.21.
4. Pawnshops and short-term loan establishments subject to the provisions of Section 24005.15.
[4] 5. Schools, trade or vocational.
[5] 6. Water and wastewater treatment facilities.
d. Accessory Uses. The following uses are authorized as accessory uses which are customarily incident to the primary use. None of the following uses are authorized in the absence of an authorized permitted use.
1. Accessory dwelling, subject to the provisions of Section 24005.2.
2. Greenhouses.
3. On or off-premise signs, subject to the provisions of Section 24007.
4. Storage buildings, including garages, sheds and enclosures for temporary storage of refuse.
5. Telecommunications facilities pursuant to Section 24005.21.
6. Other uses customarily incident to authorized uses.
e. Planned Uses. The following uses may be authorized within a planned development district, subject to the requirements of Section 24003.18.
1. Any permitted use occupying more than 10,000 square feet of gross building floor area.
2. Group quarters.
3. Mixed use developments.
4. Multi-family dwellings.
5. Nursing homes pursuant to Section 24005.11.
f. Development Performance Standards.
1. Development in the LB district shall comply with the standards established in Exhibit 240.13 in addition to other standards established in the UDC.
2. Open storage is prohibited.
3. All display, storage and sale of goods shall be provided within the primary structure.
4. No vehicle or equipment, other than a passenger vehicle may be stored or parked in front of a building for more than 48 consecutive hours.
5. Lighting sources shall be designed and located so that the direct source of the light is shielded from view at all property lines abutting residential development.
6. Non-residential development shall be located on a collector or arterial road.
7. Drive-through uses are prohibited, except as permitted through a planned development.
24004.9 GENERAL BUSINESS DISTRICT (GB)
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a. Purpose. The General Business District (GB) is intended to provide more intensive retail, service and office uses than the LB district. Site development regulations and performance standards are intended to ensure that uses will be compatible and complementary in scale to adjacent developments. Uses in this District should be located, designed and operated to mitigate the impacts of traffic generation, noise and light on nearby residential neighborhoods. The Genera Business District is appropriate in the Urban Development Tier as depicted on the Development Diagram (Exhibit VI.3) of the Master Plan. Full urban services are required for most uses in the GB district.
b. Permitted Uses. The following uses are authorized as permitted uses subject to any conditions established in these district provisions:
1. Amusements and recreational facilities with an enclosed building.
2. Any use permitted in the LB district, but not subject to the maximum area limitations.
3. Assembly, lodge or dance halls.
4. Automobile/truck/trailer/boat sales, rental and repairs, with all repair facilities contained within a building and no open storage of inoperable vehicles.
5. Broadcast studios.
6. Chemicals, agricultural - wholesale.
7. Cocktail lounges, bars and taverns pursuant to 24005.7.
8. Delivery services.
9. Group homes pursuant to Section 24005.11.
10. Lumber yards.
11. Mobile home sale and repair.
12. Museums.
13. Nurseries and greenhouses, retail or wholesale.
14. Off-premise signs, subject to the provisions of Section 24007.
15. Office and service facilities.
16. Printing plants.
17. Restaurants, with sales of alcohol.
18. Schools, colleges and universities, public or private.
19. Sports courts, swimming pools and tennis courts.
20. Stables (public).
21. Truck stops.
22. Veterinary clinics.
23. Wholesale sales.
c. Conditional Uses. The following conditional uses are authorized, subject to the provisions of Section 24003.21.
1. Amusement parks, carnivals or fairgrounds, subject to the conditions established in Section 24005.17.
2. Animal exhibits or zoos, subject to the conditions established in Section 24005.4.
3. Adult uses, not located within 1,500 feet of a church or school and subject to the provisions of Chapter 43.
4. Aviaries.
5. Businesses serving alcoholic beverages and providing live entertainment.
6. Commercial telecommunication structures, subject to the provisions of Section 24005.21.
7. Delivery services.
8. Drive-In theaters.
9. Outdoor swap meets and flea markets, subject to the provisions of Section 24005.10.
10. Pawnshops and short-term loan establishments, subject to the provisons of Section 24005.15.
[10]11.Recreational facilities pursuant to Section 24005.17.
d. Accessory Uses. The following uses are authorized as accessory uses which are customarily incident to the primary use. None of the following uses are authorized in the absence of an authorized permitted use.
1. Accessory buildings, subject to the provisions of Section 24005.2
2. On or off-premise signs subject to the provisions of Section 24007.
3. Sports courts, swimming pools and tennis courts - private.
4. Storage buildings.
5. Telecommunications receiving or transmitting structures used in conjunction with a permitted use, subject to the provisions of Section 24005.21.
6. Temporary sales events pursuant to Section 24005.20.
7. Temporary assembly and amusement pursuant to Section 24005.20.
8. Other uses customarily incident to authorized uses.
e. Planned Uses. The following uses are authorized within a planned development district, subject to the requirements of Section 24003.18.
1. Dwellings, multi-family.
2. Group quarters pursuant to Section 24005.11.
3. Mixed use developments.
f. Development Performance Standards.
1. Development in the GB district shall comply with the standards established in Exhibit 240.14 in addition to other standards established in the UDC.
2. Sales areas shall not be located within required landscaping or parking area.
3. Open storage is prohibited, except that vehicles for sale may be displayed in accordance with other district standards.
4. Lighting shall be designed so that the source is not directly visible from adjacent residential properties or streets.
24005.15 PAWNSHOPS AND SHORT-TERM LOAN ESTABLISHMENTS
Pawnshops and short-term loan establishments may be authorized as conditional uses in districts LB and GB only, subject to the following conditions:
a. No such establishment shall be permitted within [[2,500 feet]] one mile of another pawnshop or short-term loan establishment.
b. No such establishment shall be permitted within 1,000 feet of any church, school, daycare facility, public building, public park, or hospital.
c. No such establishment shall be permitted within 500 feet of any residential district or use.
d. Separation distances shall be measured from property line to property line.
e. Any such establishment may be permitted only as a principal use of a property and may not be accessory to any other use. No such establishment may operate any accessory uses.
Section B. Transition Provision. The County Counselor, as Revisor of the Code pursuant to section 140 of the Code, is hereby authorized to modify any table or exhibit contained in chapter 240 of the Code that is affected by this Ordinance, to ensure consistency herewith.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_____________________________ _______________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance #4378 introduced on January 3, 2012 was duly passed on January 17, 2012 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______8________ Nays ______1_________
Abstaining ______0_____ Absents ______0_______
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #4378.
_________________ _________________________________
Date Michael D. Sanders, County Executive