[Ord. No. 1091 §§1 —
3(App. A §410.160), 9-24-2003; Ord. No. 1188 §2, 12-14-2005; Ord. No. 1565, 12-21-2022]
The zoning of property as "MS1" Main Street District 1 is intended
to provide development opportunities consistent with the existing
character within the core of Downtown Mission. Downtown Mission is
the original commercial district within the City. The majority of
buildings in the core of downtown have been constructed to the public
right-of-way. Public parking lots are available and on-street parking
is present to serve the downtown businesses. The result is a character
unique to downtown that is not found elsewhere in the City. The "MS1"
District provides for the majority of retail uses, while encouraging
an active streetscape with a pedestrian friendly shopping environment.
This district restricts automobile oriented uses and does not allow
offices on the ground floor level. The district is also intended to
allow multi-story buildings with office and residential uses above
the ground floor level. Multi-story buildings with top-floor setbacks
are encouraged within this district as described in the Mission/Rock
Creek Redevelopment Masterplan. In addition, the district is intended
to allow flexibility from the normal development standards found elsewhere
in the City.
[Ord. No. 1091 §§1 —
3(App. A §410.170), 9-24-2003; Ord. No. 1188 §3, 12-14-2005; Ord. No. 1565, 12-21-2022]
A. Prepared
Food. Restaurants (excluding those with drive-through facilities),
sandwich shops, bistros, coffee houses, delis, bakeries, candy/ice
cream/yogurt shops, and other establishments of similar character.
B. Food
For Home. Convenience store, green grocer, gourmet grocer, health
foods, meat/fish market and wine/liquor shops and other establishments
of similar character.
C. Entertainment.
Entertainment in restaurants (i.e., piano player, guitarist, small
combos, dancing, etc.), movie theater and other establishments of
similar character.
D. Specialty
Retail. Antiques; appliances; art galleries, framing and supplies;
bike shop; books; camera and photo supplies; casual apparel and accessories;
children's apparel; computers/software; florist; gifts, stationary
and cards; hardware; home decorating products and design services;
men's apparel; music (recorded and sheet); newsstand; office and school
supplies; optical products; radio/TV/electronics; sewing supplies;
shoes, dress and casual; small variety store; sporting goods; tobacco
shop; toys, games and crafts; traditional and costume jewelry; wall
coverings and paint; women's casual apparel and accessories and other
establishments of similar character.
E. Convenience
Retail/Select Services. Barbershops; cosmetologists, beauty shops;
dance studio; dry cleaners and tailor shop; coin-operated laundry,
locksmith service, pharmacy; physical fitness facility; shoe repair/shine;
video rental, computer services and other establishments of similar
character.
F. Clubs
and drinking establishments shall be allowed.
G. Arcades,
operated in conjunction with clubs or drinking establishments, shall
be allowed.
H. Entertainment
or recreational uses.
I. Publicly
owned parking lots.
J. Public
parks and playgrounds, including public recreation or service buildings
and publicly owned swimming pools.
K. Publicly
owned and operated community buildings, museums and libraries.
L. Services
limited to the practice of medicine, law, engineering, architecture,
medical arts licensed by the State of Kansas, financial services,
brokers, insurance and similar agents, consultants, counseling, photographers,
printers and publishers, governmental activities, portal and parcel
services, interior decorator, travel agencies and offices of all types
are prohibited except under the following circumstances:
1. Where the prior use of any building or tenant space was for an office
use as indicated above, then the same building or tenant space may
continue to be used for an office use regardless of the time the space
was vacant.
2. Where the prior use of the building or tenant space was for any permitted
use in this Section except for offices or services, as outlined in
Chapter 410.170(L), then a new office use shall only be permitted
if the building or tenant space has been vacant for a minimum of three (3)
months, and an administrative extension use permit has been approved
by the Public Works Department. An application for an administrative
extension use permit shall include a letter from the building owner
indicating a desire to lease a tenant space to an office user, documentation
including newspaper clippings of advertisements and evidence that
signs were posted in the windows of the tenant space for at least
three (3) months prior to the application for the administrative extension
use permit. The Public Works Department shall approve an administrative
extension use permit if the submittal requirements outlined above
have been satisfied, and it is determined that a good faith effort
has been made to lease the tenant space to a retail tenant for at
least three (3) months. Any denial of an application for an administrative
extension use permit may be appealed by the building owner to the
City Council.
M. In
addition to the uses listed above, the following uses are permitted
above and below the ground floor level:
1. Any use permitted in "C-O" with the exception of mortuaries.
N. Accessory
uses customarily incident to the normal operation of these uses.
[Ord. No. 1091 §§1 —
3(App. A §410.180), 9-24-2003; Ord. No. 1188 §4, 12-14-2005; Ord. No. 1565, 12-21-2022]
A. The maximum height of buildings and provisions for yards shall be as follows, except as otherwise provided in Section
415.010.
1. Maximum height — not exceeding three (3) stories and/or forty-five
(45) feet.
2. Front build-to line — zero.
3. Side and rear yards.
a. Where a side yard abuts a public street, the build-to line shall
be zero.
b. For side yards not adjacent to a public street, the build-to line
shall be zero at the front building line. Behind the front building
line, there is no stated requirement.
c. No rear yard is required.
[Ord. No. 1091 §§1 —
3(App. A §410.190, 9-24-2003; Ord. No. 1188 §5, 12-14-2005; Ord. No. 1565, 12-21-2022]
B. No
portion of any paved parking area that is hereafter constructed shall
be permitted within six (6) feet of a street line or lot line.
C. Any parking and loading provided on private property shall be paved, striped, contain landscaping and screening as required in Chapter
415, Article
III, Section
415.060 et seq., and surface water shall be handled in accordance with City standards.
D. All
parking setback areas shall be graded and planted with appropriate
ground cover and landscaping. In addition, all parking setback areas
adjacent to a public street shall include a low wall and/or hedge
located at the right-of-way line for the entire length of the lot.
E. On-street
parking may be constructed where adequate right-of-way is available,
subject to good traffic engineering design principles. Determination
as to the appropriateness of on-street parking shall be determined
at the time of downtown development plan approval.
F. Section
425.020, Minimum Space Requirements, does not apply to this zoning district.
[Ord. No. 1091 §§1 —
3(App. A §410.200), 9-24-2003; Ord. No. 1304 §15, 10-21-2009; Ord. No. 1565, 12-21-2022]
A. Drive-up,
drive-through or drive-in service for any use is prohibited.
B. The
architectural style, materials and visual quality shall be in harmony
with, but not necessarily the same as, adjacent existing buildings.
C. Canopies
extending over sidewalks and other pedestrian ways shall be provided
where feasible and shall be designed as an integral part of the building
and in keeping with any adjacent or nearby canopies to the end that
continuous canopies throughout a block will eventually exist for the
protection of the pedestrian public. Whether or not a canopy will
be installed and its general design and dimensions shall be determined
at the plan review stage.
D. Where
storefronts are aligned generally along or generally parallel to a
street right-of-way line, no parking or other paved surface shall
interrupt said building frontage except that pedestrian plazas, malls
or walkways leading to the interior of block may be provided.
E. All
rooftop or ground-mounted mechanical equipment and any trash bins
shall be permanently and securely screened by architectural materials
harmonious with the building.
F. Restaurants
may have an outdoor service area that is accessory to the main restaurant
function. The outdoor service area must be a well-defined space, designed
and serviced to keep debris from blowing off the premises. Patrons
must gain entrance through the main entrance to the restaurant, but
at least one (1) exit must be provided for fire safety. The outdoor
seating area may be located adjacent to the public street right-of-way,
in which case the perimeter of the outdoor seating area shall be enclosed
by a low wall and/or hedge located at the right-of-way line.
G. The
Planning Commission or City Council may require assurance of the financial
and administrative ability of any agency created by a developer for
the purpose of maintaining common open space and facilities of a non-public
nature.
H. Sales
and consumption of cereal malt beverages or alcoholic liquor are prohibited
except as follows:
1. Package liquor stores licensed with the State of Kansas and the City
shall be allowed provided that the exterior walls of such establishment
are at least two hundred (200) feet from the nearest property line
of any hospital, school, church or library. For purposes of this Section,
the term "school" shall mean any public, private or parochial learning
facility for children in preschool through grade twelve (12) accredited
by the State Board of Education or, where required, certified as a
preschool by the Kansas Department of Health and Environment.
2. Food service establishments serving cereal malt beverages and clubs
or drinking establishments serving alcoholic liquor shall be allowed.
A special use permit shall be required for clubs and drinking establishments
within two hundred (200) feet of "R-1," "R-2," "R-3" "R-4," "R-5,"
or "R-6" zoned districts.
3. Package sales of cereal malt beverages not for consumption upon the
premises shall be allowed.
4. All establishments listed above shall comply with the requirements contained in Chapters
600 and
605 of the Municipal Code, as applicable.
I. Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
[Ord. No. 1091 §§1 —
3(App. A §410.210), 9-24-2003; Ord. No. 1188 §6, 12-14-2005; Ord. No. 1565, 12-21-2022]
A. Establishment
within this district shall be operated and maintained in conformance
with the following standards:
1. All buildings, signs and open spaces shall be continuously maintained
in a clean, neat and uncluttered fashion.
2. All merchandise or other products or equipment placed, displayed
or kept outside a building shall not interfere or impede pedestrian
traffic (including wheelchair traffic) and in no event extend into
or on a street right-of-way.
3. No smoke, radiation, vibration or concussion, heat or glare shall
be produced that is perceptible outside a building, and no dust, fly
ash or gas that is toxic, caustic or obviously injurious to humans
or property shall be produced.
4. All solid waste, trash or debris shall be kept in suitable covered containers until removed from the premises. Such containers shall be kept within the building or in an enclosure as required in Section
410.200(E).