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New ordinance in Pittsburg has some on edge - KOAM TV 7

New ordinance in Pittsburg has some on edge

Updated: Nov 14, 2013 12:08 AM

Pittsburg City Commissioners approved Ordinance NO. G-1194 Tuesday night, which will expand the downtown overlay district over several blocks, and allow business owners in the district to advertise on sidewalks and add furniture.

City leaders say the district will now spread over 70 blocks.

"There were many people that wanted to be part of downtown, so we thought it would be best not to exclude them," said Pittsburg Director of Innovation Jay Byers.

The new ordinance couldn't come at a better time for owners of the Signet, a coffee shop located on Broadway. 

"We had a sign out there and the city ok'd it, but if we ever had anybody complain we would have to take it in," said Leah Posterick, Co-Owner of Signet.

Owner of Architects Workshop David Fish disagrees with the ordinance.

"Our streets, our sidewalks, are too narrow and our laws are too vague, it doesn't say what you can put out," said Fish.

He would like to see the ordinance specifically state criteria for what is allowed in front of stores.

"I watched people in wheelchairs have to drive their wheelchairs in the street to get past crowds of people that were gathering on the sidewalk, said Fish.  "It's going to be very difficult to regulate and transfer liability to the city - I expect the worst."

City leaders expect more signs will be on display in the upcoming months, and tell KOAM and FOX 14 News they'll keep a close eye out for items that could be obstructive for pedestrians.  




City Ordinance NO. G-1194

Summary Published in The Morning Sun on November 15` h, 2013)
ORDINANCE NO. G- 1194
AN ORDINANCE creating Article 22 of the Zoning Ordinance of Pittsburg, Kansas, as
incorporated by reference in Section 62- 81 of the Pittsburg City Code, for the purpose of
creating the Downtown Overlay District ( DO) and amending the Zoning District Boundary Map
and Zoning Ordinance No. G- 663, as amended, of the City of Pittsburg, Kansas.
WHEREAS, a public hearing was held on 28`h day of October, 2013 to
consider the creation of a Downtown Overlay District ( DO) and;
WHEREAS, the Planning and Zoning Commission of the City of Pittsburg, Kansas,
following said public hearing, has filed its report with the Board of Commissioners of the City of
Pittsburg, Kansas, recommending the creation of a Downtown Overlay District (DO) and
amendment of the Zoning District Boundary Map.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF PITTSBURG, KANSAS:
Section 1. Article 22 of the Zoning Ordinance of the City of Pittsburg, Kansas, as
incorporated by reference in Section 62- 81 of the Pittsburg City Code, is hereby created to read
as follows:
ARTICLE 22
DO" Downtown Overlay District
22- 101 APPLICATION: .....................................................................................................
22- 102 BOUNDARY: ..........................................................................................................
22- 103 USE REGULATIONS: ...........................................................................................
22- 104 PLAN APPROVAL GUIDELINES: ......................................................................
22- 105 PERFORMANCE STANDARDS: ........................................................................
22- 106 PARKING REGULATIONS: ...............................................................................
22- 107 OFF- STREET LOADING REGULATIONS: .....................................................
22- 108 SIGN REGULATIONS: ........................................................................................
22- 109 HEIGHT, AREA AND BULK REGULATIONS: ...............................................
22- 110 SUPPLEMENTARY HEIGHT, AREA AND BULK REGULATIONS: ..........
22- 111 SUPPLEMENTARY USE REGULATIONS: .....................................................
22- 112 SPECIAL EVENTS: ...............................................................................................
22- 101 Application:
The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to
in this Article, are the regulations in the " DO" Downtown Overlay District. The Downtown
Overlay District overlays and is designed to function in combination with the underlying District. The two
principal functions of this district are: ( 1) to give the Downtown oriented functions more flexibility than
they would have if mapped in another district; and ( 2) to permit the establishment of the types of uses
which ordinarily occur in a city center environment.
22- 102 Boundary:
The boundaries of the Downtown Overlay District " DO" shall be 14th Street on the north, Euclid
Street on the south, Pine Street on the west, and Elm Street on the east. Properties on each sides
of the boundary streets shall be included in the " DO" District.
22- 103 Use Regulations:
In District " DO," no building, structure, land or premises shall be used and building or structure
shall be hereafter erected, constructed, reconstructed, moved or altered except according to any
use permitted in the underlying District, subject to the requirements of the underlying District.
22- 104 Plan Approval Guidelines:
The Plan Approval Guidelines, including site plan submission and content requirements, are
contained in Article 23 of this Ordinance, subject to any advisory review as defined through
subsequent Ordinance.
22- 105 Performance Standards:
The Performance Standards for permitted uses are contained in Article 24 of this Ordinance with
the following exceptions:
1. Merchandise and temporary signage which may appropriately be displayed outside a
building may be kept on public sidewalks and streets to the extent that it is readily
moveable and does not prohibit safe pedestrian traffic. Such merchandise and signage is
to be. displayed only during business hours.
2. Furnishings intended for the use of the public ( including, but not limited to tables, chairs,
benches, and bike racks) may be kept on public sidewalks and streets to the extent that
they do not pose a threat to public safety or inhibit safe pedestrian traffic. Furnishings
cannot be permanently attached to the public right- of-way without approval of the
Governing Body. .
22- 106 Parking Regulations:
The Parking Regulations for permitted uses in District DO are contained in Article 25 of this
Ordinance. Parking requirements for any building or structure hereafter erected or structurally
altered within this district will be reviewed, amended and approved as part of the development
plan.
22- 107 Off-Street Loading Regulations:
The Off-Street Loading Regulations for permitted uses are contained in Article 26 of this
Ordinance. Off-street loading requirements for any building or structure hereafter erected or
structurally altered within this district will be reviewed, amended and approved as part of the
development plan.
22- 108 Sign Regulations:
The Sign Regulations are contained in Article 27 of this Ordinance and pertain to article 27- 106,
section 5 Central Business District with the exception of temporary signs allowed under 22- 105
Performance Standards.
22- 109 Height, Area and Bulk Regulations:
In the " DO" Downtown Overlay District, the height of buildings, the minimum dimensions of
lots and yards, and the minimum lot area on any lot shall follow regulations contained in Article
28 of this Ordinance equivalent to the regulations for the underlying District.
22- 110 Supplementary Height, Area and Bulk Regulations:
The Supplementary Height, Area and Bulk Regulations are contained in Article 29 of this
Ordinance.
22- 111 Supplementary Use Regulations:
The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses,
are contained in Article 30 of this Ordinance.
22- 112 Special Events:
Regulations for temporary use of land for special events in the DO District are contained in
Article 36 of this Ordinance.
Section 2, This Ordinance shall take effect upon its passage and publication in the official
City newspaper.
PASSED AND APPROVED this 12` h day of November, 2013.

 

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