City of Mission, KS "MS1" Main Street District 1

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.

Section 410.170 Permitted Uses.

[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]

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.

Food For Home. Convenience store, green grocer, gourmet grocer, health foods, meat/fish market and wine/liquor shops and other establishments of similar character.

Entertainment. Entertainment in restaurants (i.e., piano player, guitarist, small combos, dancing, etc.), movie theater and other establishments of similar character.

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.

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.

Clubs and drinking establishments shall be allowed.

Arcades, operated in conjunction with clubs or drinking establishments, shall be allowed.

Entertainment or recreational uses.

Publicly owned parking lots.

Public parks and playgrounds, including public recreation or service buildings and publicly owned swimming pools.

Publicly owned and operated community buildings, museums and libraries.

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:

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.

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.

In addition to the uses listed above, the following uses are permitted above and below the ground floor level:

Any use permitted in "C-O" with the exception of mortuaries.

Residential units.

Accessory uses customarily incident to the normal operation of these uses.

Section 410.180 Height and Area Regulations.

[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]

The maximum height of buildings and provisions for yards shall be as follows, except as otherwise provided in Section 415.010.

Maximum height — not exceeding three (3) stories and/or forty-five (45) feet.

Front build-to line — zero.

Side and rear yards.

Where a side yard abuts a public street, the build-to line shall be zero.

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.

No rear yard is required.

Section 410.190 Parking Regulations.

[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]

No parking is required.

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.

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.

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.

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.

Section 425.020, Minimum Space Requirements, does not apply to this zoning district.

Section 410.200 Development Standards.

[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]

Drive-up, drive-through or drive-in service for any use is prohibited.

The architectural style, materials and visual quality shall be in harmony with, but not necessarily the same as, adjacent existing buildings.

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.

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.

All rooftop or ground-mounted mechanical equipment and any trash bins shall be permanently and securely screened by architectural materials harmonious with the building.

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.

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.

Sales and consumption of cereal malt beverages or alcoholic liquor are prohibited except as follows:

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.

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.

Package sales of cereal malt beverages not for consumption upon the premises shall be allowed.

All establishments listed above shall comply with the requirements contained in Chapters 600 and 605 of the Municipal Code, as applicable.

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.

Section 410.210 Performance Standards.

[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]

Establishment within this district shall be operated and maintained in conformance with the following standards:

All buildings, signs and open spaces shall be continuously maintained in a clean, neat and uncluttered fashion.

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.

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.

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).