City of Mission, KS
Johnson County
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Table of Contents
Table of Contents
[Ord. No. 1188 §19, 12-14-2005]
The zoning of property to the "MXD", Planned Mixed Use District is intended to encourage a variety of land uses in closer proximity to one another than would be possible with more conventional zoning districts and to encourage building configurations that create a distinctive and memorable sense of place. Developments in this district are allowed and expected to have a mixture of residential, office and retail uses, along with public spaces, entertainment uses and other specialty facilities that are compatible in both character and function. Developments are also expected to utilize shared parking facilities linked to multiple buildings and uses by an attractive and logical pedestrian network that places more emphasis on the quality of the pedestrian experience than is generally found in typical suburban development. Buildings are intended to be primarily multi-story structures with differing uses organized vertically rather than the horizontal separation of uses that commonly results from conventional zoning districts. This planned zoning district is intended for those areas Master Planned as office or commercial, or where a special study has been undertaken that recommends a non-residential-focused mixed use development. This district is not intended for areas Master Planned for residential development or for mixed use developments that are residentially focused.
[Ord. No. 1188 §19, 12-14-2005]
No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, moved or altered, except for one (1) or more of the following uses, subject to the development and performance standards set forth in Section 410.450:
Any use permitted in District "MS2" subject to applicable development and performance standards.
Services such as bus and other transportation terminals.
Multi-family dwellings, such as townhouses, condominiums and apartments.
Assisted living.
Elderly housing.
Public buildings.
Public or private schools.
Public or private parks and playgrounds.
Religious facilities.
Communication antennas mounted on existing structures.
Conference facilities.
Convention centers.
Sports or recreational facilities.
[Ord. No. 1188 §19, 12-14-2005]
The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in Section 415.010:
No height limit.
At least fifty percent (50%) of the total floor area shall be located above the ground floor.
Minimum setback from right-of-way — zero (0).
A minimum of thirty percent (30%) of the development site's perimeter public street frontage shall be occupied by a building wall located no further than thirty (30) feet from the perimeter right-of-way line. This setback shall not include any parking areas, drives or drive-thru aisles.
The remaining percentage (excluding breaks for driveways and pedestrian connections) of the development site's perimeter public street frontage shall be occupied by:
A berm three (3) feet high with a maximum slope of three to one (3:1) in combination with coniferous and deciduous trees and shrubs; or
A low continuous landscaped hedge at least three (3) feet high, planted in a triangular pattern so as to achieve full screening at maturity; or
A low decorative masonry wall at least three (3) feet high in combination with landscaping; or
A combination of any of these methods.
Perimeter setbacks other than those adjacent to public right-of-way: No setback is required except that where a lot line abuts the lot line of residentially or office Master Planned property, a setback shall be provided which is at least equal to the minimum setback required in the district which the property abuts, plus one (1) foot for every six (6) feet of building height over thirty (30) feet or portion thereof. Additionally, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require additional setbacks if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.
[Ord. No. 1188 §19, 12-14-2005]
Parking Setback. No parking area shall be located within ten (10) feet of any street right-of-way.
In District "MXD", parking shall be provided on the premises in the following amounts:
Minimum parking for non-residential uses shall be provided as follows: Three (3) spaces per one thousand (1,000) square feet of total floor area except for those uses as identified below:
Restaurants, cafeterias, armories, assembly halls, theaters, athletic fields and other seating facilities
Hotels, motor hotels, motels, apartment hotels, dormitories and similar boarding facilities
Hospitals, nursing or convalescent homes or congregate care facilities
One (1) space for each four (4) employees
One (1) space for each guest room
One (1) space for each four (4) seats
One (1) space for each four (4) beds
One (1) space for each two (2) staff persons or visiting doctors
One (1) space for each four hundred (400) square feet service floor area
For those developments with over one hundred fifty thousand (150,000) square feet of non-residential floor area, no additional parking shall be required for restaurants.
Parking for residential uses shall be provided as follows: One and one-half (1.5) spaces per dwelling unit.
Maximum grade level parking allowed per use or per project shall be one hundred fifty percent (150%) of the minimum parking required for such use. Any new parking facility with a capacity over two hundred (200) spaces shall accommodate no more than sixty percent (60%) of the total parking at grade level.
The Planning Commission and City Council may reduce the required parking after considering documentation and/or study provided by the applicant, staff's recommendation and giving decisive weight to all relevant facts including, but not limited to, the following factors: Availability and accessibility of alternative parking; impact on adjacent residential neighborhoods; existing or potential shared parking arrangements; the characteristics of the use, including hours of operation and peak parking demand times; design and maintenance of off-street parking that will be provided; and whether the proposed use is new or a small addition to an existing use.
On-street parking spaces may be counted towards the minimum requirements as set forth above, provided the on-street spaces are located on an adjacent or internal street that allows on-street parking. On-street parking spaces being counted towards the credit must be identified on plans at time of submittal to the City.
[Ord. No. 1188 §19, 12-14-2005; Ord. No. 1304 §18, 10-21-2009]
Merchandise, which may be appropriately displayed outside a building, shall be kept off the public sidewalks, parking lots, landscaped areas and streets and shall not occupy an area greater than ten percent (10%) of the ground floor area of the non-residential portion of the adjacent building. All merchandise shall be displayed on a concrete or similar harden surface. No merchandise (including motorcycles, scooters and automotives) may be left outdoors when the business is not open.
Drive-up service may be permitted as part of final development plan approval. The drive-up or walk-up restaurants shall be integrally designed into the development and the drive-thru lane and drive-thru window may not be located adjacent to the public street network or drives.
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.
Eating/drinking establishments may have an outdoor eating area as designated on a plan. Any outdoor eating areas on public right-of-way shall be subject to a right-of-way maintenance agreement.
Communication antennas may be installed on any existing structure (such as a building, utility pole, water tower etc.) three (3) stories in height or greater but no less than thirty-five (35) feet, provided that the additional antennas shall add no more than twenty (20) feet to the height of said existing structure. Communication antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than three (3) stories or thirty-five (35) feet in height, subject to final development plan approval. Associated equipment may be in height, subject to final development plan approval. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with Chapter 415, Article II.
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.