[1]
Appendix A, Overlay Districts is included as an attachment to this chapter.
Editor's Note — Ord. no. 1106 §1, adopted January 14, 2004, repealed "interim design guidelines", adopted by ord. no. 1092. Ord. no. 1106 §2 adopted the "Mission, Kansas design guidelines for the Johnson Drive Corridor". These guidelines are on file in the City offices.
[Ord. No. 1091 §§1 — 3(App. A §410.320), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §3, 8-25-2004; Ord. No. 1246 §1, 10-17-2007]
It is the purpose of this Article to ensure the City of Mission's downtown as an economically vibrant area with great appeal to area-wide patrons by applying the provisions of this Article to prohibit new auto service businesses in the Downtown and East Gateway Overlay Districts, to implement design guidelines, to ensure that any new development or redevelopment is in conformance with the recommendations of the Future Land Use Map in the City's Comprehensive Plan and the HyettPalma's Downtown Action Agenda 2002 and to implement the Form Based Code for the West Gateway Study Area.
[Ord. No. 1091 §§1 — 3(App. A §410.330), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §4, 8-25-2004]
A. 
The following three (3) overlay districts are hereby established and are described in Appendix A to this Chapter:
1. 
The Downtown District (DD).
2. 
The East Gateway District (EGD).
3. 
The West Gateway District. (WGD).
All rules and regulations found elsewhere in this Article are applicable to areas found within these overlay districts. In addition, areas found within these overlay districts shall be subject to restrictions found in Section 410.340 and Section 410.350 of this Article.
[Ord. No. 1091 §§1 — 3(App. A §410.340), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §5, 8-25-2004; Ord. No. 1188 §14, 12-14-2005; Ord. No. 1246 §2, 10-17-2007; Ord. No. 1258 §1, 5-21-2008; Ord. No. 1281 §1, 10-15-2008; Ord. No. 1418 §1, 12-17-2014]
A. 
The following uses are prohibited in the Downtown District and East Gateway District on any property that is residentially zoned ("R" or "DND" Districts), or is within one hundred (100) feet of any residentially zoned ("R" or DND Districts), or is wholly or partially within one hundred (100) feet of Johnson Drive:
1. 
Gasoline service stations and convenience service stores.
2. 
Body shops, auto glass installation shops, tire stores, transmission repair and similar auto service establishments.
3. 
Establishments where new or used vehicles are sold.
4. 
Car washes.
5. 
Any development or redevelopment that does not conform with the City's Master Plan and Design Guidelines.
B. 
All exterior alterations or improvements to buildings (excluding exact replacements or color), new building permits, site plan reviews and rezoning/special use permit applications shall be in accordance with Design Guidelines for the "DD," "EGD" and "WGD." The intent of the Design Guidelines is to promote site-specific, contextual buildings that incorporate mixed uses and pedestrian friendly commercial activity. For this reason, whenever a conflict exists between the Zoning Ordinance and Design Guidelines requirements for setbacks, height, landscaping or signage, the Design Guidelines shall be adhered to.
C. 
There is hereby incorporated herein by this reference the "Form Based Code for the West Gateway Study Area" ("Form Based Code"), copies of which are on file in the City offices. The Form Based Code shall be applicable to the West Gateway District.
1. 
Designs and uses set forth in the Form Based Code shall govern all facets of the development or redevelopment in the West Gateway Study Area, except as indicated in Sections 420.130 through 420.230.
2. 
When applying the Form Based Code, zoning shall be deemed cumulative. Uses allowed in "M" Zones shall include uses allowed in "C" and "R" Zones; uses allowed in "C" Zones shall include uses allowed in "R" Zones, "DND," "MS2" and "MXD" Districts.
3. 
In the event of a conflict between the provisions of this Code and the Form Based Code in the West Gateway District, the Form Based Code takes precedence.
D. 
Discount stores and discount superstores shall abide by the following regulations:
1. 
Requirements of Sections 445.180 and 445.190 shall be satisfied.
2. 
The building footprint of any development shall not exceed fifty percent (50%) of the gross square footage of the building or fifty thousand (50,000) gross square feet, whichever is less. When this requirement causes a conflict with height requirements in the corresponding zoning district, deviations in maximum height may be granted by the Planning Commission and City Council during the preliminary plan review stage as follows:
a. 
When the proposed development is in harmony with neighboring buildings; and/or
b. 
As specified in Section 405.090(G).
3. 
No more than twenty-five percent (25%) of the parking requirements of the use shall be satisfied with surface parking, with the remainder provided by structure or on-street parking, located within one thousand three hundred twenty (1,320) linear feet, which is considered to be a walking distance of the building.
4. 
Surface parking lots shall be prohibited between the building facade and a public street or at the intersection of two (2) public streets and shall be located to the side or rear of the building.
5. 
A total of no less than twenty percent (20%) of the site shall be open landscaped space. This space shall be for the most part one (1) or more exterior plazas, pocket parks or other areas of similar nature which encourage pedestrian activity and provide a place for public events, gathering of the community, etc.
6. 
Surface parking lots to the side or rear of a building visible from a public street shall be screened with approved landscaping or a masonry wall at least four (4) feet in height.
7. 
The Planning Commission may grant exception to one (1) or more of these requirements in property specifically zoned "MXD" Planned Mixed Use District, where the overall intent of that zoning category has been clearly met.
[Ord. No. 1091 §§1 — 3(App. A §410.350), 9-24-2003; Ord. No. 1092, 10-22-2003]
Non-conforming uses in these districts may operate indefinitely but may not expand or enlarge floor area may not increase the number of gasoline pumps, may not add parking areas, may not expand display, storage or service areas and may not add service bays or otherwise increase the type of services that were provided on the date of adoption of this ordinance.