Ordinance 1775 – Renaming C-2 to D-MU in City Code

ORDINANCE NO. 1775

AN ORDINANCE AMENDING THE TEXT FOR THE “C-2” CENTRAL BUSINESS DISTRICT TO BE RENAMED TO “D-MU” DOWNTOWN MIXED USE DISTRICT IN SECTIONS 6-401, 8-406, 15-501, 19-401, 19-456,19-501, 19-502, 19-604, 19-702, 19-806, 19-908, 19-915, 19-916, 19-1305 AND ADDING THE PERMITTED USES BY RIGHT TO SECTION 19-456.

WHEREAS, the City of Goodland Planning Commission has recommended amending the text of the City of Goodland City Code and Zoning Regulations to change the name of the district to “D-MU’ Downtown Mixed Use.

            WHEREAS, the Governing Body finds it is in the best interest of the City to adopt the amendments to text of the City of Goodland City Code and Zoning Regulations to change the name of the district to “D-MU’ Downtown Mixed Use.

            NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:  

      SECTION 1. The City of Goodland Code Section 19-401 will be amended to read as follows:

Sec. 19-401. – Establishment of districts.

The jurisdictional area is hereby divided into eleven zoning districts which are designated as follows:

“F-P” Floodplain District—Article X;

“A-P” Airport District;

“R-1” Residential—Single-family District;

“R-2” Residential—Multifamily District;

“M-P” Manufactured Home Park Residential District;

“C-1” General Business District;

“D-MU” Downtown Mixed Use District;

“I-1” Light Industrial District;

“I-2” Heavy Industrial District;

“P-D” Planned Development District.

Section 2. The City of Goodland Code Section 19-456 will be amended to read as follows:

Sec. 19-456. – “D-MU” Downtown Mixed Use district.

  1. Intent: The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities and office uses that are normally found in the core area of a city; and where development is allowed up to the property lot line, with no off-street parking facilities required of the private development.
Minimum Lot AreaNone
Minimum Lot WidthNone
Minimum Front YardNone
Minimum Side Yard10 feet when adjacent to a residential district
Minimum rear yard20 Feet when adjacent to a residential district
  1. Use Limitations:
    1. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
  1. Site Plan Review: Development in the “D-MU” District shall be subject to site plan review requirements, procedures and design guidelines.
  1. Downtown Design Guidelines: In the “Downtown Mixed Use District,” no building shall be erected that does not meet the following minimum standards:
    1. Careful consideration of durable materials, proportions, and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important. Building roof tops shall have at least one of the following features:
      1. Parapets concealing flat roofs and roof top equipment;
      1. Overhanging eaves;
    1. The form and proportion of new buildings or redevelopment shall be consistent or compatible with the scale, form and proportion of existing development in the area.
    1. Pedestrian Access: Pedestrian access shall be an integral part of the overall design of each commercial development. The pedestrian access should provide not only safe and convenient access to and from off-street parking areas but should also connect with abutting properties and developments so as to create an alternative means of transportation for residents of the downtown:
      1. Sidewalks at least four (4) feet in width shall be provided along all sides of a lot that abut a dedicated public or private street. A continuous internal pedestrian sidewalk shall be provided from the perimeter public sidewalk to the principal customer entrance(s).
      1. 2.Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Such sidewalks shall be located at the building facade to provide continuous edges; and shall incorporate planting areas for landscaping along the street.
    1. Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes indigenous to the downtown. The use of walls in a single color, with little detailing or completely blank, is strongly discouraged.
    1. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest.
    1. Loading docks, trash enclosures, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are reduced to as great an extent as possible and are out of view from adjacent properties and public streets.
    1. Building facades that are 100 feet or greater in length shall incorporate recesses and projections along at least 20 percent of the length of the building facade, reflecting the archetype of the downtown. Windows, awnings, and arcades must total at least 60 percent of the facade length abutting any public street.
    1. When a building facade 100 feet or greater in length abuts a residential district, screening of at least six feet in height shall be installed between the building facade and the abutting residential district. Evergreens used as screening may be placed at intervals of 20 feet on center.
    1. Minimum Exterior Building Material Standards: A minimum of 50% of each exterior wall shall consist of one or more of the following materials:
      1. Masonry: Masonry construction shall include all masonry construction which is composed of solid cavity faced or veneered-wall construction, or similar materials.
        1. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all-weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
        1. Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.
        1. Stucco or approved gypsum concrete/plaster materials.
      1. Glass Walls: Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall that carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.

Section 3. The City of Goodland Code Section 19-806 will be amended to read as follows:

Sec. 19-806. – Transition buffer requirements.

Landscape buffers shall be provided and maintained when certain land uses are adjacent to one another. This requirement is intended to help ease the land use transition between areas of varying development intensity and to ensure land use compatibility.

A. Determination Transition Buffer Requirements. The following procedure shall be followed in determining if a transition buffer is required. Using the matrix in sub-section 19-806.B., Transition Buffer Requirements, of this article:

(1)Identify the minimum zoning classification required to accommodate the proposed use. These classifications are listed under “Proposed Zoning” in the first column.

(2)For Transition Buffer Requirements, identify the actual zoning classification of the abutting site(s). These classifications are listed under the heading “Adjacent Zoning.”

(3)Determine if a transition buffer is required by crossing the previously identified proposed zoning with the adjacent zoning. The letter “R” indicates that a transition buffer is required, otherwise, no transition buffer is required.

B. Transition Buffer Requirements.

Section 4. The City of Goodland Code Section 15-501 will be amended to read as follows:

Sec. 15-501. – Duty to remove snow and ice from sidewalks.

It shall be unlawful for any person who is the owner or occupant of any lot abutting upon any sidewalk in the commercial district of the City of Goodland, either zoned as C-1 or D-MU, to fail to remove from such sidewalks all snow and ice by noon following a snow storm.

Section 5. The City of Goodland Code Section 19-916 will be amended to read as follows:

Sec. 19-916. – Sign standards.

  1. “A-P” Airport District
    1. Functional Types Permitted:
      1. Business;
      1. Construction;
      1. Identification;
      1. Name Plate.
    1. Structural Types Permitted:
      1. Elevated Signs;
      1. Projecting;
      1. Monument;
      1. Wall;
      1. Window.
    1. Number of Signs Permitted:
      1. Construction – One per parcel.
      1. Elevated – One per parcel.
      1. Monument – One per parcel.
      1. Projecting – One per parcel.
    1. Maximum Gross Surface Area:
      1. Elevated – 64 square feet.
      1. Monument – 32 Square feet.
      1. Projecting – 64 square feet.
      1. Temporary – As regulated by Section 19-912 of this Article.
      1. Wall – The total area of the wall sign shall not exceed three (3) square feet from which the sign is attached.
    1. Maximum Height: Sign height will be required to be approved by the FAA prior to construction.
    1. Required Setback: 0 feet.
    1. Illumination: Illuminated signs shall be permitted.
    1. The FAA will review and approve all projects prior to construction.
  2. “R-1” Single-Family District, “R-2” Multifamily District, “M-P” Manufactured Home Park Residential District:
    1. Functional Types Permitted:
      1. Bulletin Board;
      1. Identification;
      1. Name Plate;
      1. Temporary.
    1. Structural Types Permitted:
      1. Ground,
      1. Monument.
    1. Number of Signs Permitted: One (1) sign per parcel.
    1. Maximum Gross Area:
      1. Bulletin board and identification signs: 32 square feet.
      1. Construction signs: 20 square feet.
      1. Temporary signs: As regulated by Section 19-912 of this Article.
      1. Identification and Name Plate signs: 4 square feet.
      1. Monument and Ground signs: 32 square feet only in association with a church, hospital, subdivision and Manufactured Home Park.
    1. Maximum Height: 10 feet.
    1. Required Setback: No sign shall be placed closer to the front property line than one-half the distance of the front yard; except that real estate signs, name plate signs and identification signs shall be exempt from setback requirements.
    1. Illumination: Bulletin board signs may be indirectly illuminated with incandescent or fluorescent lighting.
  3. “C-1” General Business District:
    1. Functional Types Permitted:
      1. Bulletin Board;
      1. Business;
      1. Identification;
      1. Name Plate;
      1. Temporary.
    1. Structural Types Permitted:
      1. Awning, Canopy or Marquee;
      1. Ground;
      1. Monument;
      1. Elevated;
      1. Portable;
      1. Projection;
      1. Wall;
      1. Window.
    1. Number of Signs Permitted:
      1. Awning, canopy or marquee signs and window signs: No limitations.
      1. Construction, ground, monument, elevated or portable display signs: One per parcel.
      1. Wall or projecting signs: One per parcel.
    1. Maximum Gross Area:
      1. Ground and Monument – 32 Square feet.
      1. Elevated – One square foot for each lineal foot of street frontage, not to exceed four hundred (400) square feet per parcel.
      1. Portable – 32 Square feet.
      1. Projecting – One square foot for each two (2) lineal feet of the building wall from which the sign projects, not to exceed 64 square feet. The total area of a projecting sign shall be subtracted from the permitted total area of the wall sign.
      1. Wall – The total area of the wall sign shall not exceed three (3) square feet from which the sign is attached.
    1. Maximum Height:
      1. All signs north and east of a line extending north of the center of the intersection of 8th Street and Cattle Trail, thence south to the center of the intersection of 19th Street and Cattle Trail, thence east along the centerline of 19th Street to the center of the intersection of Eustis Avenue and 19th Street, thence north along the centerline of Eustis Avenue to the centerline of the railroad right-of-way, thence a line extending east along the centerline of the railroad right-of-way, shall have a maximum height of thirty-five (35) feet.
      1. All signs south and west of a line extending north of the center of the intersection of 8th Street and Cattle Trial, thence south to the center of the intersection of 19th Street and Cattle Trial, thence east along the centerline of 19th Street to the center of the intersection of Eustis Avenue and 19th Street, thence north along the centerline of Eustis Avenue to the centerline of the railroad right-of-way, thence a line extending east along the centerline of the railroad right-of-way, shall have a maximum height of eighty (80) feet.
    1. Required Setback: No required setback.
    1. Illumination: Illuminated signs shall be permitted.
  4. “D-MU” Downtown Mixed Use District:
    1. Functional Types Permitted:
      1. Bulletin Board;
      1. Business;
      1. Identification;
      1. Name Plate;
      1. Temporary.
    1. Structural Types Permitted:
      1. Awning, Canopy or Marquee;
      1. Elevated;
      1. Projecting;
      1. Wall;
      1. Window.
    1. Number of Signs Permitted:
      1. Awning, canopy or marquee signs and window signs: No limitation.
      1. Construction or elevated signs: One per parcel.
      1. Wall and projecting signs: One per parcel.
    1. Maximum Gross Surface Area:
      1. Construction – 20 Square feet per parcel.
      1. Elevated – One square foot for each lineal foot of street frontage, not to exceed 150 Square feet per parcel.
      1. Projecting – One square foot for each two (2) lineal feet of building wall from which the sign projects, not to exceed 64 square feet. The total area of the projecting sign shall be subtracted from the permitted total area of wall signs.
      1. Wall – The total area of the wall sign shall not exceed three (3) lineal feet of the building wall from which the sign is attached.
    1. Maximum Height:(a)35 feet; except wall and projecting signs may extend to the roof eave line or parapet wall.
    1. Required Setback: 0 feet.
    1. Illumination: Illuminated signs shall be permitted.
  5. “I-1” Light Industrial District and “I-2” Heavy Industrial District:
    1. Functional Types Permitted:
      1. Advertising;
      1. Business;
      1. Identification;
      1. Name Plate;
      1. Temporary.
    1. Structural Types Permitted:
      1. Awning, Canopy or Marquee;
      1. Elevated;
      1. Ground;
      1. Monument;
      1. Portable;
      1. Projecting;
      1. Roof;
      1. Wall;
      1. Window.
    1. Number of Signs Permitted: Except as modified by Advertising Signs in sub-section 19-916.F.8. below.
      1. Awning, canopy or marquee signs and window signs: No limit.
      1. Construction, ground, monument, portable or elevated signs: One per parcel.
      1. Wall, projecting, and roof signs: One per parcel.
    1. Maximum Gross Surface Area:
      1. Construction – 20 Square feet per parcel.
      1. Elevated – One square foot for each lineal foot of street frontage, not to exceed 400 square feet per parcel.
      1. Ground, Monument and Portable – 32 Square feet per parcel.
      1. Wall – the total area of the wall sign shall not exceed three (3) square feet for each lineal foot of building wall from which the sign is attached.
      1. Projecting – One square foot for each lineal feet of the building wall from which the sign projects, not to exceed 64 square feet. The total area of the projecting signs shall be subtracted from the permitted total area of the wall sign.
      1. Roof – 150 Square feet per parcel.
      1. Advertising – 400 Square feet per parcel.
    1. Maximum Height:
      1. All signs north and east of a line extending north of the center of the intersection of 8th Street and Cattle Trail, thence south to the center of the intersection of 19th Street and Cattle Trail, thence east along the centerline of 19th Street to the center of the intersection of Eustis Avenue and 19th Street, thence north along the centerline of Eustis Avenue to the centerline of the railroad right-of-way, thence a line extending east along the centerline of the railroad right-of-way, shall have a maximum height of thirty-five (35) feet, except as modified by Advertising Signs in sub-section F.8 below.
      1. All signs south and west of a line extending north of the center of the intersection of 8th Street and Cattle Trial, thence south to the center of the intersection of 19th Street and Cattle Trial, thence east along the centerline of 19th Street to the center of the intersection of Eustis Avenue and 19th Street, thence north along the centerline of Eustis Avenue to the centerline of the railroad right-of-way, thence a line extending east along the center line of the railroad right-of-way, shall have a maximum height of eighty (80) feet, except as modified by Advertising Signs in sub-section 19-916.F.8. below.
    1. Required Setback: No Setback required, except as modified in sub-section F.8 below.
    1. Illumination: Illuminated signs shall be permitted, except as modified by Advertising Signs in sub-section 19-916.F.8. below.
    1. Advertising Signs (Billboards): Advertising signs (billboards) may be allowed within the C-1, General Business District; I-1, Light Industrial District and I-2, Heavy Industrial District, provided that they meet the following conditions:
      1. Advertising signs visible from a primary highway shall not be erected within the limits of a city less than 300 feet of another sign on the same side of the highway. Advertising signs visible from a freeway or interstate highway shall not be erected within 500 feet of another sign on the same side of the highway. Signs shall be measured from the widest part of each structure, i.e. lights and walkways.
      1. No part of an advertising sign shall project or protrude into a public right-of-way.
      1. The surface display area of any side of an advertising sign may not exceed 1,200 square feet, per facing, including border, trim, embellishments, but not including base or apron, supports, and other structural members. Two signs not exceeding 600 square feet each may be erected in a facing, side by side or “double decked”, and doubled-faced, back-to-back or V-type signs shall be permitted and shall be treated as one structure with a maximum area of 1,200 square feet permitted for each side or facing. To be classified as “back-to-back” there must not be more than 15 feet between structures or faces, to allow for cross bracing.
      1. Signs shall not be erected which exceed 30 feet in height, 60 feet in length, per facing, but not including base or apron, supports, and other structural members. Total sign structure height will be regulated as stated in Section 19-916.F(5).
      1. No advertising sign shall be on top of, cantilevered, or otherwise suspended above the roof of any building.
      1. An advertising sign may be illuminated, provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles, or any adjacent premises. In no event shall any advertising sign have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.
      1. An advertising sign must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity. An advertising sign must be maintained so as to assure proper alignment of structure, continued structural soundness, and continued readability of message.
      1. An advertising sign established within a business, commercial, or industrial area, as defined in the “Highway Advertising Act of 1972” (1972 PA 106, as amended) bordering interstate highways, freeways or primary highways as defined in said Act shall, in addition to complying with the above conditions, also comply with all applicable provisions of the Act and the regulations provided there under, as such may from time to time be amended.

Section 6. The City of Goodland Code Section 19-915 will be amended to read as follows:

Sec. 19-915. – District regulations

ZONING DISTRICT
STANDARDSAPR-1R-2M-PC-1D-MUI-1I-2
ABCCCDEF
FUNCTIONAL SIGN TYPES
Advertising Sign      PP
Bulletin Board PPPPP  
Business SignP   PPPP
Construction SignPPPPPPPP
Identification SignPPPPPPPP
Name Plate SignPPPPPPPP
Temporary Sign PPPPPPP
STRUCTURAL SIGN TYPES
Awning, Canopy or Marquee Sign    PPPP
Elevated SignP   PPPP
Ground Sign PPPP PP
Monument SignPPPPP PP
Portable Display Sign    P PP
Projecting SignP   PPPP
Wall SignPPPPPPPP
Roof Sign      PP
Window SignP   PPPP

Section 7. The City of Goodland Code Section 19-604 will be amended to read as follows:

Sec. 19-604. – Sight triangle.

On a corner lot in any district, except “D-MU”, development shall conform to the requirements of the sight triangle as defined by this regulation.

Section 8. The City of Goodland Code Section 19-702 will be amended to read as follows:

Sec. 19-702. – Applicability.

Off-street parking and loading space, as required in this article, shall be provided for all new structures, and for alterations and additions to existing structures. Off-street parking and loading space shall be required for any existing structure or structure which is altered in any manner so as to enlarge or increase capacity by adding or creating dwelling units, guest rooms, floor area or seats. Existing parking areas previously required shall not be used to satisfy required off-street parking for any new structures, alterations, or additions to existing structures or uses of land. Such existing parking space shall be maintained and shall not be reduced so long as the main structure or use remains, unless an equivalent number of such spaces are provided elsewhere as provided in this article; except that no off-street parking or loading space shall be required for any commercial use located in the “D-MU” Downtown Mixed Use District.

Section 9. The City of Goodland Code Section 19-1305 will be amended to read as follows:

Sec. 19-1305. – Submission requirements.

The Site Plan shall include the following data, details, and supporting plans which are relevant to the proposal. The number of pages submitted will depend on the proposal’s size and complexity. The applicant shall make notations explaining the reasons for any omissions.

Site Plans shall be prepared at a discernable scale.

A. Name of the project, address, boundaries, date, north arrow and scale of the plan.

B.  Name and address of the owner of record, developer, and seal of the engineer, architect, land surveyor or landscape architect.

C. Name and address of all owners of record of abutting parcels.

D. All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and structures.

E. The location and use of all existing and proposed structures within the development. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations. For development in the “D-MU” Downtown Mixed Use District, indicate design details to make new construction compatible with existing structures.

F. The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type, and screening details for all waste disposal containers shall also be shown.

G. The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

H. The location, height, size, materials, and design of all proposed signage.

I. A landscape plan showing all existing open space, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.

J. The location of all present and proposed utility systems including:

(1) Sewerage system;

(2) Water supply system;

(3) Telephone, cable and electrical systems; and

(4) Storm drainage system including existing and proposed drain lines, culverts, catch basins, head walls, end walls, hydrants, manholes, and drainage swells.

K. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

L. Existing and proposed topography shown at not more than two-foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements as discussed in Article XI.

M. Existing and proposed zoning district boundaries adjacent to the site’s perimeter shall be drawn and identified on the plan.

N. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.

The Building Official may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas to include:

(1) The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

(2) The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and

(3) The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

Section 10. The City of Goodland Code Section  6-401 will be amended to read as follows:

Sec. 6-401. – Sale of fireworks.

(a) Fireworks. Except as hereinafter provided, it shall be unlawful for any person to sell fireworks as defined by the regulations of the Fire Marshal of the State of Kansas, within the corporate limits of the City of Goodland, Kansas.

(b) Permit purpose. The purpose of issuing a permit for the sale of fireworks pursuant to this section is to permit a location for the sale of fireworks within the corporate limits of the City of Goodland, Kansas, while controlling the inconvenience, interference with pedestrian and vehicular traffic and danger to the public that could be caused by the unregulated placement of said location.

(c) Permit required. It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Goodland, Kansas, without first paying the appropriate permit fee per establishment or premises to the City Clerk of the City of Goodland, Kansas, and applying for and securing a permit therefore at least ten days in advance of the date sales are to commence.

(d) Permit fee. The permit fee for a tent, shed or other structure with a total square footage of up to 2,500 square feet shall be $50.00. The permit fee shall only be refundable upon failure of the permittee to qualify for the permit.

(e) Permit location. No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Fireworks stands are prohibited from all but the following zoning districts within the city; general business district (C-1), downtown mixed use district (D-MU), light industrial district (L-1), heavy industrial (L-2). Any fireworks stands located in permanent structures must comply with City of Goodland Zoning Regulations. Fireworks stands shall be constructed according to administrative regulations and must not be located on, or interfere with streets, sidewalks, or utility facilities. Temporary structures must be removed by July 6 of each year.

(f) Location inspection. Prior to the issuance of a permit, an inspection will be made of the applicant’s facility for compliance with this section and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Each location where fireworks are to be sold or displayed for sale shall be inspected by and subject to the standards imposed by the City of Goodland Fire Chief. The City Clerk of the City of Goodland, Kansas, may only issue a permit pursuant to the section upon proof that the premises have passed the required inspection by the Goodland Fire Chief.

(g) Location safety. Approval of all safety precautions and equipment at the sales location shall be by the city manager or his/her designee, in conjunction with the Goodland Fire Chief.

Safety precautions and equipment shall include fire extinguishers and such other equipment as required by applicable state and city laws and regulations.

Fireworks shall not be stored or sold within 50 feet of any source of flame, sparks, or flammable or volatile liquids in excess of one gallon.

If housed in a tent, the tent shall be constructed of a flame-retardant material, with a certificate of such flame retardant attached. Any electrical cords shall be appropriately protected from damage by weather, the public and automobiles.

No sales of fireworks shall occur at any location, building, structure, tent or other similarly describable enclosure in conjunction with the retail sales of non-fireworks related items except as allowed by the City Manager of the City of Goodland, Kansas, at the written request of the permittee. Any items sold under this exception must be approved by the city manager prior to any sale taking place.

(h) Location parking. Each location where fireworks are to be sold or displayed for sale shall provide at least five off-street vehicular parking spaces.

(i) Permit display. Upon qualifying for the permit, the permittee shall conspicuously post, and prominently display, the same along with the City of Goodland Fire Chief inspection receipt at the establishment or premises where fireworks are to be sold or displayed for sale.

(j) Permit application. Applications for permits to sell fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. A preference will be extended to an application with proceeds supporting a not for profit organization within the City of Goodland, Kansas, or an activity sponsored by the City of Goodland, Kansas. To exercise this preference, the applicant must apply for a permit before the first business day of March of the year for which the permit is to be issued. Thereafter, applications will be accepted on a first-come first-serve basis for a permit that remains unissued.

(k) Application process. All applications shall be on a form determined by, and include the information requested by, the City Clerk of the City of Goodland, Kansas. The appropriate permit fee, in certified funds, must accompany each application.

The City Clerk of the City of Goodland, Kansas, shall present all applications received to the governing body of the City of Goodland, Kansas, at the first meeting in March or the first meeting after receipt of the application, whichever is later.

Subject to a determination by the governing body of the City of Goodland, Kansas, that said applicant has met all the requirements set forth herein, including a determination as to the appropriateness of the proposed site and the availability of a permit, a permit shall be issued.

The City Clerk of the City of Goodland, Kansas, shall notify each applicant by first-class United States Mail whether said applicant was successful in obtaining a permit within ten business days of the determination by the governing body of the City of Goodland, Kansas. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit.

(l) Permittee insurance. Each permittee shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000.00 per occurrence, with the City of Goodland, Kansas, named as an additional insured, and shall provide the city with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by the permittee upon less than 30 days’ notice.

Each permittee shall also obtain a policy of product liability insurance for a minimum coverage of $500,000.00 per occurrence for products sold and/or stored within the city by the vendor, and shall provide the city with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by the permittee upon less than 30 days’ notice.

(m) Permittee indemnification. Each permittee shall at all times indemnify the City of Goodland, Kansas, its officials, representatives, designees and employees, and shall defend, save and hold them harmless, from and against any and all claims, actions, damages, liability and expense, including, but not limited to, attorneys and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the storage, sale, discharge and/or transportation of fireworks by such permittee and permittee’s customers, representatives, employees, contractors and designees.

(n) Permit revocation. Any permit holder violating any provisions of this section shall, upon the first violation of this section, be issued a warning by the Goodland Police Department. On any second or subsequent violation of this section, the Goodland Police Department shall revoke the permit for sale and terminate the sale of fireworks by the violator.

Any permit holder whose permit is revoked hereunder may appeal to the City Manager of the City of Goodland, Kansas, by notice served upon the City Clerk of the City of Goodland, Kansas, and a hearing shall be called and held not less than 24 hours from the date of the filing of such notice of appeal. The determination of the City Manager of the City of Goodland, Kansas, shall be final.

(o) Permittee disqualification. No permit shall be issued or renewed to a holder who has been revoked hereunder in a prior year or who has failed to demonstrate financial responsibility. In this regard and by way of illustration, evidence that the holder of a permit has failed to pay the cost of merchandise when due, failed to pay costs associated with leased land or facilities when due, or failed to pay wages of employees when due in connection with sales of fireworks in prior years, may constitute sufficient grounds for the rejection of an application for a permit.

(p) Sale times. Fireworks permitted under this section shall be sold only between the hours of 8:00 a.m. and 10:00 p.m. from June 27 through July 5.

(q) Penalty. Any person, whether acting on his or her own behalf or that of any group or organization, who violates any section of this section shall be deemed to be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not more than $500.00 or imprisonment of not more than 30 days, or by both such fine and imprisonment.

Section 10. The City of Goodland Code Section 19-1305 will be amended to read as follows:

Sec. 8-406. – Operating conditions.

All mobile food vending licenses shall be subject to compliance with the following conditions:

(A) Location. Mobile food vendors may vend on property within the city subject to the following:

(1) Mobile food vendors may vend on public, governmental, church and city property (in accordance with the provisions of this article) as well as property in the following zoning classifications:

C-1 and D-MU;

(2) Mobile food vendors may not be located on property where the unit or a line of customers would:

(a) hinder the flow of traffic on any street,

(b) hinder the flow of bicycles within any bike lane or route,

(c) hinder the flow of pedestrians along any sidewalks,

(d) block or reduce to less than five feet in width any accessible route to persons with disabilities,

(e) block, hinder, or obstruct the vehicular flow within any parking lot, or

(f) block or obstruct access to any driveway or access point to any property;

(3) Mobile food vendors shall not locate on any city or public property without first securing approval from the city manager;

(4) Mobile food vendors shall not locate within 500 feet of an otherwise approved city event unless approval is given by the city administrator;

(5) Every unit shall be stationary while vending; and

(6) Whenever any vehicle is used for mobile food vending upon a street, alley, sidewalk or other public right-of-way within the city, the transaction shall occur on the right side of any such vehicle with the right wheels of the vehicle located next to the curb and the unit shall not locate within 100 feet of any public street intersection.

(B) Written permission of property owner. All mobile food vendors operating on private property shall acquire and maintain the written permission of the property owner for the use of and location of the unit on said property. Written permission of the property owner shall be kept in the unit and produced upon request by the chief of police or designee or other public officer charged by the city manager with enforcement of this chapter.

(C) Hours of operation. Mobile food vendors are prohibited from offering for sale any food or beverage outside the hours of 8:00 a.m. to 9:00 p.m. Mobile food vendors are prohibited at all times from selling or offering for sale alcoholic beverages, cereal malt beverages, or tobacco products without first being properly licensed pursuant to any applicable federal, state or local laws.

(D) Lights. In accordance with the city zoning regulations, no flashing lights or attention attracting devices are permitted on or in association with the use of the mobile food unit. No direct light from a mobile food unit may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles, or pedestrians.

(E) Signs. One sign, within 15 feet of the associated unit, may be displayed and shall not be greater than 16 square feet in total area. The sign may not interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the unit. Streamers, pennants, search lights and any device with flashing, blinking, rotating, or moving actions or messages are prohibited. No signage shall be placed in a public right-of-way.

(F) Trash and site cleanup. All mobile food vendors shall ensure that a trash receptacle shall be provided with each mobile food unit. Such receptacle must be attached to the unit or located within 15 feet of the unit and cannot interfere with vehicle access, pedestrian movement or handicap-accessible routes to and around the unit. Immediately upon the cessation of vending, the mobile food vendor shall remove and properly dispose of all trash and litter accumulated at the vending site.

(G) Licenses and permits. All mobile food vendors shall acquire and maintain all required licenses and permits applicable to the use and operation of mobile food units from all applicable jurisdictions. Evidence of such licenses and/or permits shall be kept in the unit and produced upon request by the chief of police or designee or other public officer charged by the city administrator with enforcement of this chapter.

(H) Safety. All mobile food vending units shall be maintained in good repair, shall be free from peeling or flaking paint, and shall be clean and sanitary so as to not pose a threat to public health, safety or welfare. All units shall be connected safely to electricity and other necessary utilities, so they do not pose a threat to public health, safety or welfare.

Section 11. The City of Goodland Code Section 19-908 will be amended to read as follows:

Sec. 19-908. – General provisions.

  1. Gross Area of Sign: Gross area shall include the entire area within a single continuous perimeter enclosing the extreme limits of the sign, exclusive of the base on which it is mounted or from which it is suspended. Double-faced signs shall be calculated as the area of one side only. Three-dimensional or multi-faced signs shall be calculated as the maximum area visible from any single direction at any point in time. On lots where more than one sign is located, the total gross area of all the signs shall not exceed the maximum gross area for one sign permitted by this regulation.

For computing the gross area of any wall sign, which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure, which can encompass all of the letters.

B. Sign Height: Sign height shall be measured from the ground elevation at the base of the sign to the highest element of the sign.

C. Illuminated Signs: A sign designed to give forth artificial light or designed to reflect light derived from any source.

(1) Illuminated signs shall be designed as to reflect or direct light away from any residential dwelling district and any illuminated sign located on a lot adjacent to, in front of or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m.

(2) Illuminated signs in direct vision of a traffic signal shall not be in red, amber or green illumination.

D. Flashing or Moving Signs: For the purpose of this regulation, any sign that is revolving, rotating, moving, animated, has moving lights or creates the illusion of movement shall be considered a moving sign. Any illuminated sign on which the artificial light is not constant in intensity and color at all times is considered a flashing sign.

(1) Flashing signs shall not be permitted which are in any way similar to traffic signals or emergency vehicle lights.

(2) A sign which displays the current time and/or temperature by use of intermittent lighting shall not be deemed a flashing sign if the lighting changes are limited to text indicating time, temperature or other public messages. Such sign shall not in any case exceed 32 square feet in area.

(3) Flashing or moving signs are prohibited in all districts except the C-1, I-1 and I-2 Districts.

E. Access way or Window: No sign shall block any required access way or window.

F. Signs on Trees or Utility Poles: No sign shall be attached to any utility pole or tree.

G. Traffic Safety:

(1) No sign shall be maintained at any location where by reason of its position, size, shape or color, may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic or railroad control sign, signal or device, or where it may interfere with, mislead, or confuse traffic.

(2) Any sign located within three (3) feet of a driveway, alley, or within a parking area shall have its lowest elevation at least eight feet above the curb level; however, in no event shall any sign be placed so as to project over any public right-of-way, except in the “D-MU”, Downtown Mixed Use District, where signs may project over a sidewalk.

(3) Under no circumstances shall any sign be placed in the sight triangle as defined by this regulation.

H. Lineal Street Frontage: In those districts where gross sign area is allocated based on lineal street frontage and the tract or parcel is adjacent to more than one street, the lineal street frontage shall be the distance of that property line abutting the major street.

I. Scale and Context: Signs shall be in scale with the site or structure where located and in context with the site, structure and service offered.

(1) Scale includes both human scale and proportion. Signs shall be proportional to the element they are attached to and the facade as a whole.

(2) Context includes form, style, color, balance and structure lines:

Form: Sign shape and its relationship to the structure or service offered.

Style: Historical, eclectic, modern or contemporary shapes, texts and colors.

Color: Analogous or complementary in relation to site or structure.

Balance: Location of sign in structure element relating to balance through location, mass and color.

Structure Lines: Major lines of building elements and compatibility to outlines, horizontal and vertical lines such as roof line, ground line, window lines, etc.

J. All signs must be constructed of permanent all-weather materials.

Section 12. The City of Goodland Code Section 19-502 will be amended to read as follows:

Sec. 19-502. – Use standards.

modified

The conditional use standards of this section shall apply to permitted, conditional uses and accessory uses as noted.

A. Accessory Uses. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this zoning ordinance.

(1) Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

(A) Dormitory style residences, when associated with a college or medical facility;

(B) Fences and walls;

(C) Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than twelve (12) percent of the total lot area, with a maximum of 1,200 square feet; and no more than twenty (20) feet to the peak of the roof or structure;

(D) Gardens, provided that they meet the required setbacks of the district in which they are located;

(E) Gates and guard houses;

(F) Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units;

(G) Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than five (5) percent of the total lot area;

(H) Radio and television receiving antennas and support structures;

(I) Recreational and play facilities for residents;

(J) Storage and parking of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage and parking shall be limited to private garages, side or rear yards of private homes, and in the driveways of private homes. Stored or parked vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. Recreational vehicles or equipment shall not be stored or parked within required off-street parking spaces.

(K) Storm shelters and fallout shelters; and

(L) Other necessary and customary uses determined by the Building Official to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Building Official to ensure land use compatibility.

(M) Swimming pools subject to a setback of no less than four (4) feet from a protective fence no less than six (6) feet in height around the perimeter of the pool.

(2) Nonresidential Accessory Uses. Nonresidential uses shall include, but not be limited to, the following accessory uses, activities and structures:

(A) Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use;

(B) Construction trailers, which will be removed within 30 days of the completion of or abandonment of construction;

(C) Dwelling units, other than manufactured homes, when used or intended to be used for security or maintenance personnel;

(D) Dwelling Units, when located on the second story of a commercial structure located in the “D-MU” district;

(E) Fences and walls;

(F) Gates and guard houses;

(G) Offices for allowed business and industrial uses when the office is located on the same site as the principal use;

(H) Parking garages and off-street parking areas;

(I) Radio and television receiving antennas and support structures;

(J) Restaurants, news stands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building;

(K) Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;

(L) Stands offering for sale agricultural products or commodities raised on the premises;

(M) Recycling Collection Stations, subject to the provisions of sub-section 19-502.A.(4)(E) of this Article;

(N) The storage of merchandise when located within the same building as the principal business; and

(O) Other necessary and customary uses determined by the Building Official to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the Building Official to ensure land use compatibility.

(3) Accessory Use Development and Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:

(A) Exterior Setback: No accessory structure shall be located within a required exterior setback.

(B) Interior (Rear) Setback: Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures shall, however, be set back at least ten feet from rear lot lines and shall not be closer to the side lot line than the applicable minimum interior side setback.. Accessory structures of less than 150 square feet are exempt from side yard requirements.

(C) Interior (Side) Setbacks: No accessory structure shall be located within a required interior side setback.

(D) Setbacks from Easements: No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement , or over any known utility.

(E) Height: No accessory structure shall exceed sixteen (20) feet in height.

(F) Building Separation: Unless attached to the principal structure with a common roof line, accessory structures shall be located at least six (6) feet from any other structure.

(G) Building Coverage: No detached accessory structure shall cover more than fifty (50) percent of the total lot area and not to exceed 1,200 square feet. Accessory buildings and structures shall be included in the calculation of total building coverage.

(H) Accessory structures shall not be larger than the principal use.

(4) Recycling Collection Stations. Recycling Collection Stations shall be allowed as an accessory use in accordance with the following standards:

(A) Maximum Size and Approval Required: Recycling collection stations shall be allowed as an accessory use only if it does not exceed 1,000 square feet in area and only if shown on a Site Plan that has been reviewed and approved in accordance with Article XIII.

(B) Screening: All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a six (6) foot tall, 100 percent opaque, solid screen or be wholly contained within a structure.

(C) Separation from Residential: Recycling collection station structures shall be located at least 150 feet from adjacent property zoned R-1, R-2, or M-P.

(D) Reverse Vending Machines: Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes.

(E) Maintenance: An employee, business owner or property owner shall be responsible for keeping the recycling sites in a clean and safe condition and shall pick up any recycled materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.

(F) Hours of Operation: A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Zoning Administration.

(G) Signs: A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Zoning Administration.

B. Concentrated Feeding Operation. The site plan review procedures should be used to assure compliance with all KDHE requirements to protect against water contamination from feedlots. All proposed Concentrated Feeding Operations that are designed to accommodate Class 1 and Class II concentration of animals should be subject to site plan review. The site plan submittal should demonstrate how the following conditions are met:

(1) All waste from a concentrated animal feeding operation should be controlled so that there is not discharge of waste (including stormwater runoff that comes in contact with animal waste) from the property; and no discharge of wastes, directly or indirectly, to surface or subsurface waters, including sinkholes, dry stream beds, flowing streams, wet weather tributaries, and drainage ditches.

(2) The no-discharge requirements of the KDHE, division of Environmental Quality, under the Kansas Clean Water Law, should be met.

(3) A copy of the KDHE “Letter of Approval”, required, should be submitted with the Site Plan Review.

(4) Separation requirements of the KDHE for Concentrated Feeding Operations should be met. Such reviews should be placed as an item on the regular meeting schedule of the Planning Commission. A notice of the meeting should be sent to landowners in the notification area as prescribed by the KDHE rules.

C. Adult Entertainment Establishments are hereby prohibited in all zoning district within the City of Goodland and the unincorporated planning area and no building, structure, premises or land shall be used, constructed, reconstructed, altered or expanded as or for an Adult Entertainment Establishment.

D. Bed and Breakfast. Bed and Breakfast facilities shall be allowed by conditional use permit in all residential and commercial districts. The following requirements shall apply to all bed and breakfast facilities:

(1) The structure in which the bed and breakfast facility is located shall contain no less than 2,000 square feet of habitable floor area.

(2) The establishment is located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for not more than fourteen (14) consecutive nights.

(3) Two (2) off-street parking spaces with one (1) additional off-street parking space per lodging room shall be provided, and said spaces shall be adequately screened from neighboring property.

(4) A time period may be established by the City Commission for each bed and breakfast establishment.

(5) No more than four bedroom units may be provided to guests. The City Commission may, however, further limit the number of lodging rooms allowed in order to maintain the character of the neighborhood in which the bed and breakfast facility is located.

E. Cemeteries, Crematories and Mausoleums. The following standards shall apply to cemeteries, crematories and mausoleums:

(1) Entrances: All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion.

(2) Landscape Buffer: A landscape buffer shall be provided along all property lines abutting any R-1, R-2, or M-P zoned property, pursuant to Article VIII.

F. Communication Towers. Communication towers shall be subject to the following standards:

(1) Principal Use: Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.

(2) Setbacks:

(A) The minimum setback between communication towers and all property lines shall be equal to 20 percent of the height of the tower.

(B) Communication towers shall be setback a minimum of 50 feet from any existing or planned right-of-way.

(C) Communication towers shall be set back a minimum of 100 feet from the lot line of any R-1, R-2, or M-P zoning district.

(D) Peripheral supports and guy anchors for communication towers may be located within the required setbacks, provided that they shall be located entirely within the boundaries of the property in which the tower is located and shall be located no closer than five feet from any lot line, and no closer than 10 feet from the lot line of a R-1, R-2, or M-P zoning district.

(3) Height: The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this section are complied with.

(4) Security Fences and Walls: A fence or wall not less than seven feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards:

(A) Access to the tower shall be through a locked gate in the required fence or wall.

(B) If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one tree and one shrub shall be required for each 30 linear feet of fence or wall line.

(C) If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in a tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE – DANGER”.

(5) Airport Approach Paths: Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

(6) Removal of Obsolete and Unused Towers: All obsolete or unused communication towers shall be removed within 12 months of cessation of use.

(7) Electromagnetic Radiation: Communication towers shall comply with all applicable Federal Communication Commission (FCC) standards for non-ionizing electromagnetic radiation (NER).

G. Composting Facility. The following standards shall apply to all Compost Facilities:

(1) Landscape Buffer: Compost Facilities shall have a landscape buffer around its perimeter, pursuant to Article VIII. The decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.

(2) Traffic Circulation: The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one vehicle entrance shall be allowed for each 660 feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The Building Official may require a traffic report to be submitted with the Conditional Use Permit application.

(3) Storage Bins: Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off site.

(4) Setbacks: Structures shall be set back at least 100 feet from all lot lines and at least 300 feet from the lot line of any property zoned R-1, R-2, or M-P.

(5) Hours of Operation: Uses shall not operate before sunrise or after sunset. When located within 1,000 feet of an R-1, R-2, or M-P zoning district the use shall not operate after 7:00 p.m. or before 8:00 a.m.

(6) Paving: All roads, driveways, parking lots and loading/unloading areas within 500 feet of any lot line shall be graded and improved with all-weather material.

(7) Stormwater Management: A stormwater management plan may be required at the discretion of the City Engineer.

(8) Litter Control: The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition.

(9) Hazardous Material: Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.

(10) Material: No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of the compost facility. Only yard/garden wastes are allowed as compost material.

(11) Other Regulations: All operations shall be licensed if required, have proper permits from the Kansas Department of Health and Environment and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

H. Convalescent Care. At least 70 square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.

I. Day Care (Limited and Commercial).

(1) Day Care, Limited:

(A) State Licensing: General Day Care uses shall be licensed by the State of Kansas and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment, and other features.

(B) Residential Districts: In the “R-1”, “R-2” and “M-P” residential districts, Limited Day Care uses shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the licensed day care provider, except that an assistant may provide care during necessary absences of the regular day care provider.

(2) Day Care, Commercial:

(A) State Licensing: Commercial Day Care uses shall be licensed by the State of Kansas and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment, and other features.

(B) Vehicle Drop-Off Area: An off-street loading zone capable of holding one car per ten individuals cared for shall be provided, in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.

J. Golf Courses.

(1) Location of Restaurants: Facilities such as restaurants and bars shall be allowed as an integral part of a principal club house building, provided there is no exterior display or advertising for the restaurant or bar.

(2) Location of Recreation Facilities: Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least 25 feet from the property line of any R-1, or R-2 zoning district.

K. Group Home (Limited or General). Group Homes shall be subject to the following standards only when located in a R-1, R-2, or M-P district:

(1) Spacing: A Group Home to be located within a residential zoning district shall not be located within 1,320 feet of another Group Home, measured as the shortest distance between any portion of the structure in which persons reside.

(2) Exterior Appearance: There shall be no alteration of the exterior of the Group Home that shall change the character thereof as a single-family residence. There shall be no alteration of the property on which the Group Home is located that will change the character thereof as property within a single-family dwelling district.

(3) Neighborhood Character: A Group Home constructed in an R-1, or R-2 district shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.

L. Home Occupations.

(1) Restrictions and Limitations:

(A) The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than 25 percent of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation or not more than 25 percent of the main floor area of a detached structure.

(B) All materials or equipment used in the home occupation shall be stored within an enclosed structure.

(C) No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.

(D) No sign shall exceed two (2) square feet, shall not be illuminated and shall be placed flat against the main wall of the principal residential structure.

(E) No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/hers residence, and not more than one non-resident employee on the premise at a time.

(F) No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference.

(G) No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood.

(H) Permits shall be reviewed on a yearly basis by the Planning Commission, a fee of $25.00 shall be payable upon initial approval and annual reviews.

(I) If the permitted home occupation is discontinued for more that six consecutive months a new permit will be required.

(J) There shall be on file in the office of the city clerk a consent agreement to the proposed home occupation signed by seventy-five (75) percent of all owners of frontage within three hundred feet of the premises whereon such use is to be operated, and not separated there from by more than one (1) street or one (1) alley.

(K) Approval of home occupations shall follow the same procedures as required for a rezoning.

(L) The building official shall complete a site inspection after the application is completed and before the public hearing with the Planning Commission.

(2) Particular Home Occupations Permitted: Customary home occupations include, but are not limited to certain occupations that do not depend upon on-site commerce, and include the following list of occupations; provided, however, that each listed occupation is subject to the requirements of (A) through (L) above:

(A) Art, dancing, and music schools provided that instruction is limited to five pupils at one time.

(B) Barber Shops, Massage Shops, and Beauty Parlors, but not more than one work station.

(C) Ministers, rabbis, priests and other religious leaders.

(D) Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers, and similar professions.

(E) Offices for Realtors, insurance agents, brokers, sales representatives, and manufacturing representatives when no exchange of tangible goods is made on the premises.

(F) Watch, clock, and jewelry repair services.

(G) Radio, television, phonograph, recorder, and small appliance repair services.

(H) Music teachers, provided that instruction shall be limited to five pupils at a time.

(I) Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.

(J) Tailoring, alterations, and seamstresses.

(K) Tool sharpening and filing.

(L) Services not dependent on client visits to the site, such as computer-assisted services and graphic design.

(3) Particular Home Occupations Prohibited: Permitted home occupations shall not in any event include the following:

(A) Antiques – retail.

(B) Funeral services.

(C) Groceries – retail.

(D) Second-hand merchandise – retail.

(E) Equipment rental.

(F) Automobile and other motor vehicle repair services including small engine repair.

(G) Physicians.

(H) Dentists.

(I) Chiropractors.

(J) Restaurants.

(K) Stables or Kennels.

(L) Tourist Home.

(M) Renting of trailers or equipment.

M. Hospitals. Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion.

N. Kennel. No kennel building or runs shall be located closer than 75 feet to any property line.

O. Landfills and Mining and Quarrying. Landfills and Mining and Quarrying uses shall be subject to the following standards:

(1) Minimum Site Area: A minimum site area of 35 acres shall be required.

(2) Entrances: There shall be no more than one entranceway from a public street for each 660 feet of street frontage. A traffic study shall be required.

(3) Hours of Operation: Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a R-1, R-2, or M-P zoned property.

(4) Separation from Residential: No digging or excavating shall occur within 100 feet of any lot line or within 300 feet of the lot line of a R-1, R-2, or M-P zoned property.

(5) Paving: All roads, driveways, parking lots and loading and unloading areas within 500 feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

(6) Slopes: The slope of material in any excavation shall not exceed the normal angle of repose of 55 degrees, whichever is less.

(7) Buffers and Fences: When any open excavation will have a depth of ten feet or more and create a slope of more than 30 degrees, there shall be erected a fence of not less than six feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located 50 feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than 100 feet apart to be visible along the entire length of said fences. A buffer shall be provided around the site, pursuant to Article VIII.

(8) Stormwater Management: A stormwater management plan shall be required.

(9) Site Restoration: The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to state and federal requirements:

(A) Restoration Plan: Before approval of a conditional use permit for an excavation use, the operation shall submit to the Building Official a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.

(B) The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.

(C) Bonds: Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the City Commission as to form, sufficiency and manner of execution, and shall run for the same term as the term of the conditional use permit and any renewals.

(D) Water Quality: In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere.

(E) Appearance: The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan.

(F) Top Soil and Fills: Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission.

(10) City, County, State and Federal Standards: All operations shall be licensed if required, have proper permits from the Kansas Department of health and Environment and shall meet all City, County and Federal Health Department requirements pertaining to facilities, equipment and other features.

P. Manufactured Home Residential-Design. The following standards shall apply to all manufactured home residential-design dwellings:

(1) The manufactured home shall have minimum dimensions of 22 feet in width and 40 feet in length;

(2) The pitch of the roof of the manufactured home shall have a minimum vertical rise of four feet for each 12 feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction in the City;

(3) All roof structures shall provide an eave projection of no less than 12 inches, exclusive of any guttering;

(4) The exterior siding shall consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low luster white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City;

(5) The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in “Manufactured Home Installations, 1987” (NCS BCS A225.1) or the most recent edition, and attached an anchored to a permanent foundation in accordance with the K.S.A. 75-1211 to 75-1234, as amended;

(6) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and

(7) A Manufactured Home Residential-Design, when installed, shall have substantially the same appearance of an on-site, conventionally built, single-family dwelling.

Q. Manufactured homes. All manufactured homes in the MP district shall be attached and anchored to a permanent foundation in accordance with the Manufactured Home and Recreational Vehicle Code, K.S.A. 75-1211 to 75-1234, as amended.

(1) The exterior siding consists predominantly of vinyl or metal horizontal lap siding (the reflectivity of which does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City;

(2) All manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the Manufactured Home and Recreational Vehicle code (K.S.A. 75-1211 et seq.) and installed so that the finished floor elevation is not more than 24 inches above finished grade;

(3) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the City building code and attached firmly to the primary structure and anchored securely to the ground; and

(4) The moving hitch, wheels and axles, and transporting lights have been removed.

(5) Blocking: All manufactured homes shall be blocked at a maximum of ten (10) foot centers around the perimeter of each manufactured home in accordance with the Manufactured Home and Recreational Vehicle Code and in accordance with the manufacture’s guidelines.

(6) Pad Requirements: Shall be a flexible surface with a minimum of five (5) inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two 18-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.

R. Multifamily. All multifamily development shall be subject to the following design guidelines and standards:

(1) Site Plan Review: Multifamily development shall be subject to site plan review requirements and procedures of Article XIII.

(2) Natural Features and Environment: Each site should be designed to preserve natural features and environmental resources, such as:

(A) Floodplains and drainage ways.

(B) Bodies of water.

(C) Prominent ridges and rock ledges.

(D) Existing tree cover including tree masses, wind rows and significant individual trees.

(3) Cut and Fill: Excessive cut and fill are unacceptable. The site plan should preserve the natural topography of the site.

(4) Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways, and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area.

(5) Building Separation: All buildings shall be separated by a minimum distance of 15 feet.

(6) Lot Coverage: Each site plan should be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

(7) Open Space: Open space should be provided to meet active and passive use requirements of the neighborhood.

(A) At least ten (10) percent of the total site area shall be set aside as common open space. The common open space shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts, and tot lots. Common open space may not be counted toward nor located in required zoning district setbacks.

(B) A minimum of 60 square feet of private open space shall be provided for each ground-level dwelling unit and each dwelling unit that is accessible from a walk out basement. Private areas should allow only limited access and be enclosed to ensure privacy. Private areas typically include yards, balconies and patios.

(8) Building Clustering: Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central

common area, and not have the primary orientation directed toward the parking area.

(9) Building Orientation.

(A) Individual Buildings: Individual buildings should be oriented in a way that established neighborhoods and sub-neighborhoods.

(B) Reduction of Unusable Open Space: Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

(10) Vehicular Circulation and Parking.

(A) Street Layout: The layout of streets should provide for safe operation of vehicles within the neighborhood. Excessively straight and wide streets encourage high speed traffic and should be avoided. Curvilinear designs, reduced street widths and cul-de-sacs create stronger neighborhood environments.

(B) Parking Area Layout: Double loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street.

(C) Parking Enclosures: Parking enclosures should be designed and sited so as to compliment the primary structures and to provide visual relief from extensive pavement area.

(11) Pedestrian Circulation.

(A) Pedestrian Linkages: Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities such as recreation, services, mail and parking.

(B) Landscaping Details: Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.

(C) Landscaping: Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identify.

(D) Architectural Design: The architecture of multifamily housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.

(E) Elongated sites with rectangular, double-loaded building footprints should be avoided. These designs typically lack interest and fail to create a strong sense of neighborhood.

(F) The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views, and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest.

(G) The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports, and all accessory structures should maintain the same level of design, aesthetic quality, and architectural compatibility.

(H) Screening from the street of all outdoor refuse areas, ground mounted mechanical equipment, utilities, and banks of meters shall be provided. The screening of these items is to be architecturally compatible with the major building components and may include landscaping.

S. Recreation and Entertainment, Outdoor.

(1) Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least 200 feet from any adjacent R-1, R-2, or M-P zoning district.

T. Recreational Vehicle Parks. Recreational Vehicle Parks shall be permitted subject to the following conditions:

(1) The site selected for recreational vehicle parks shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road that it has frontage on. Short-term occupancy shall not exceed 30 days, except as approved by the Building Official.

(2) Minimum tract size shall a minimum of two (2) acres and shall be in one (1) ownership.

(3) The maximum number of recreational vehicle spaces allowed within the permitted districts shall not be more than 20 per acre. Consideration shall be given to whether the recreational vehicle park and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type recreational vehicle park located at or near a scenic historical or outdoor recreational area provides for longer and extended stays of several days or weeks.

(4) All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained in compliance of this code.

(5) Minimum width of a recreational vehicle space shall be 25 feet. The space shall be so designed to provide space for parking both the recreational vehicle and towing vehicle off the roadway. No recreational vehicle unit shall be closer than 10 feet to any other adjacent unit, structure or roadway, and all spaces shall have direct access to the roadway. No unit shall be placed closer than 30 feet to any of the development property lines, and the 10 feet nearest the property line shall be permanently maintained as a sodded and/or landscaped area. RV parks shall contain a minimum of 1,000 square feet for each trailer and provide an area for the vehicle used to move it to park when unhooked. Camping space must be no less than 500 square feet.

(6) Identification of roadways and spaces. All park roadways recreational vehicle spaces shall be clearly identified with letters or numerals of a light reflecting material. Such letters or numerals are to be a minimum of two inches in height. Such identification shall be in complete agreement with the site plan prepared under Article XIII of the Zoning Regulations. All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material.

(7) Lighting. All RV park roadways shall be lighted from dusk to dawn in a proper and sufficient manner, as provided by the plat for construction and with approval of the planning commission and governing body of the city. All RV parks shall be provided with general outdoor lighting with a minimum of 0.3-foot candles of general illumination.

(8) Service buildings. Each park serving or intended to serve 10 or more recreational vehicles shall be provided with one or more service buildings which shall:

(a) Be located no nearer than 17 feet from a recreational vehicle in a park;

(b) Be so located that any recreational vehicle which it serves shall not be parked more than 500 feet from it;

(c) Be of permanent type construction and be adequately lighted;

(d) Be of moisture resistant material to permit frequent washing and cleaning;

(e) Have one flush type toilet, one lavatory and one shower or bathtub for females; and one flush type toilet, one lavatory, one shower or bathtub for males for up to 20 recreational vehicles. One additional unit of the above plumbing facilities shall be provided for each sex for each 20 additional recreational vehicles served or major fraction thereof. All lavatories, bathtubs and showers shall be connected with both hot and cold running water;

(f) Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit in the building and provide hot water (140° F.) at a minimum rate of eight gallons per hour for the required fixture units;

(g) Have an accessible, adequate, safe and potable water supply of cold water;

(h) Have all rooms well ventilated with all openings effectively screened;

(i) Have at least one slop water closet or other facility suitable for cleaning and sanitizing waste receptacles located inside park premises;

(j) Comply with all applicable ordinances of this code, regarding the construction of buildings and the installation of electrical, plumbing, heating and air conditioning systems;

(k) Be maintained in a clean sanitary condition and kept free of any condition that will menace the health of any occupants or the public or constitute a nuisance.

(9) Water supply. Provisions relating to the water supply in RV parks in the city shall be as follows:

(a) Required. An accessible, safe and potable supply of water as approved by the

health officer shall be provided in each park. If city water is available to the park it shall be used;

(b) Layout. The size and location of water mains and fire hydrants shall be in accordance with the fire code of the city, and with approval of the city building official;

(c) Service connections. Individual water service connections shall be provided at each RV space. Such connections shall be located at least four inches above ground surface, at least three-quarters inch in diameter and equipped with a three-quarters inch valve outlet. The outlet shall be protected from surface water flooding and all pipes shall be protected against freezing. Below ground shutoff valves may be used but stop and waste valves shall not be used. When service connections are provided for recreational vehicle spaces they shall comply with the above requirements.

(10) Sewage disposal. Provisions relating to sewage disposal in RV parks shall be as follows:

(a) Individual sewer connections. Sewer connections shall be provided for each recreational vehicle space in accordance with this code. If individual connections are provided for recreational vehicles, they shall be of similar construction;

(b) Design. Any sewage system connection to the city sewer system shall be in accordance with all applicable requirements of this code;

(c) RV parks. Shall provide sanitary stations for the sole purposes of removing and disposing of wastes from holding tanks in a clean, efficient and convenient manner.

(11) Garbage and refuse. Provisions for garbage and refuse storage, collection and disposal shall be maintained so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution, and all garbage and refuse storage areas that uses can or barrel type containers, shall be properly screened from public view, and shall comply with the requirements of the city.

(12) Rodents and insects. Provisions relating to infestation of rodents and insects in RV parks shall be as follows:

(a) Maintenance free from infestation. RV parks shall be maintained free of excessive insect or rodent infestation;

(b) Preventive environmental maintenance. The RV park management shall keep all areas outside of the confines of the individual recreational vehicle spaces reasonably free of breeding, harboring and feeding places for rodents and insects. Such areas shall be kept free of litter, trash, salvage material, junk and weeds or other obnoxious vegetation growths in excess of 8 inches in height.

(13) Electricity. A weather proof 50/30/20 amp surface mount RV power outlet box shall be provided for each recreational vehicle space. All electrical wiring shall comply with applicable provisions of the electrical code of the city. No power lines shall be permitted to lie on the ground. All electric wiring must be underground in RV parks.

(14) Register. It shall be the duty of a person operating each RV park to keep a register containing a record of all recreational vehicle owners and tenants located within each RV park. The register shall contain the name and address of each occupant, and the dates or arrival and departure of each recreational vehicle. The person operating each RV park shall keep the register available for inspection at all reasonable hours by law enforcement officers, assessor, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The original records of the register shall not be destroyed for a period of three years following the date of registration.

(15) A central office or convenience establishment with an attendant shall be provided within the recreational vehicle park to register guests and provide service and supervision to the camp for camps in excess of 5 acres.

(16) The applicant for a recreational vehicle park shall submit a development plan to the Planning Commission for approval. Such plan shall contain the information as required below and any other information the Board reasonably shall deem necessary to fully evaluate the proposed development. The applicant shall submit the information on a sheet size not to exceed 24″ × 36″ dimensions as a proposed development plan showing:

(A) General layout of development with dimensions, depths, number of spaces and related sanitation accommodations;

(B) Parking area location, sizes and capacity;

(C) Ingress and egress points for the project;

(D) Use of structures;

(E) General layout of typical recreational vehicle space showing size of space and proposed improvements;

(F) Layout of roadway within the camp;

(G) Net density of proposed project, expressed in terms of units per acre;

(H) General landscaping plan indicating all new and retained plant material to be incorporated within the new development and layout of outdoor lighting system;

(I) Plan and method of sewage disposal and water supply;

(J) Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas;

(K) Be provided with barriers to protect the utility service hookups, mounted to or set in concrete, including, but not limited to, bollard posts and/or guardrails to prevent damage;

(L) The development shall provide a general refuse storage area or areas that shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

U. Auditorium or Stadium.

(1) Any parking area used for the overnight parking of buses and vehicles shall be located at least 100 feet from the lot line of a lot zoned R-1, R-2, or M-P. Any such parking area shall be screened from view of adjacent R-1, R-2, or M-P districts by a landscape buffer as approved by the Planning Commission.

V. Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards:

(1) Separation from Residential: No salvage yard shall be located within 300 feet of a R-1, R-2, or M-P zoning district.

(2) Screening: The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least six feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. Scrap, junk or other salvaged materials shall be piled or stored so that they are not visible from outside the fenced in area and do not exceed the height of the enclosing fence or wall.

(3) Loading/Unloading: No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.

W. Single-family Attached. Single-family Attached development shall be subject to the standards of the underlying zoning district, as modified by the following standards:

(1) Lot Width: Each Single-family Attached dwelling unit shall be located on an individual lot having a minimum width of 50 feet.

(2) Building Coverage; Single-family Attached dwelling units shall be exempt from the Building Coverage standards of the underlying zoning district.

(3) Setbacks: No interior side setback shall be required on the “attached” side of a lot containing a Single-Family Attached dwelling unit. The interior setback standards of the underlying zoning district shall apply to “end” units in a Single-Family Attached development. End units are those that are attached to other dwelling units on only one side.

X. Solid Waste Collection/Processing Facilities. The following standards shall apply to Solid Waste Collection/Processing Facilities:

(1) Screening: The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may be piled so to exceed the height of this enclosing fence or wall.

(2) Traffic Circulation: The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.

(A) Storage Bins: Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened as part of the operation.

(B) Loading/Unloading: No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition.

(C) Separation for Residential: No structures shall be located within 300 feet a R-1, R-2, or M-P zoned property.

(D) Hours of Operation: Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a R-1, R-2, or M-P zoned property.

(E) Paving: All roads, driveways, parking lots and loading/unloading areas within 500 feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.

(F) Storm water Management: A storm water management plan may be required at the discretion of the City Engineer.

(G) Other Regulations: All operations shall be licensed if required, have proper permits from the Kansas Department of Health and Environment and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

(H) Time Limit and Renewal of Conditional Use Permit: The Conditional Use Permit shall be effective for one year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the Conditional Use Permit shall be established at the public hearing. The Conditional Use Permit shall be revoked by the Building Official it is determined by the Building Official that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.

Y. Temporary Uses Permitted. The following uses shall be allowed on a lot for which the vendor has a property interest:

(1) Christmas Tree Sales: Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.

(2) Contractor’s Office: Contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

(3) Real Estate Office: Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

(4) Carnivals and Circuses: A carnival or circus, but only in a commercial or industrial district, and then only for a period that does not exceed three weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.

(5) Garage or Yard Sales: The sale of used or second-hand merchandise shall be permitted in any residential district providing that such use shall not exceed three consecutive days in duration, nor occur more than four-times, excluding city-wide sales, during a 12 month period at one residence.

Z. Fast Food Restaurant proposals shall present a site plan that allows adequate stacking of traffic on-site at any drive-through window to prevent conflicts with vehicular movement on public streets.

AA. Wind Turbines. Wind Turbines shall be subject to the following standards:

(1) Permitted Use: Wind Turbines are a permitted use in the R-1, R-2, I-1 and I-2 zoning districts and shall meet the following setback requirements:

(2) Setbacks:

(A) Wind Turbines shall be setback a minimum of 50 feet from any existing or planned right-of-way.

(B) Wind Turbines shall be set back a minimum distance equal to the height of the principal support structure from the lot line of any R-1, R-2, or M-P zoning district.

(C) Peripheral supports and guy anchors for Wind Turbines may be located within the required setbacks, provided that they shall be located entirely within the boundaries of the property in which the tower is located and shall be located no closer than five feet from any lot line, and no closer than 10 feet from the lot line of a R-1, R-2, or M-P zoning district.

(3) Height: The principal support structure for wind turbines shall be permitted to the height limit of the zoning district in which it is located, provided that the setback standards of this section are complied with. A conditional use permit may be granted to authorize a wind turbine in excess of the permitted height, however, the applicant must be able to show that the wind turbine can meet the required setbacks.

(4) Airport Approach Paths: Wind Turbines shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

(5) Removal of Obsolete and Unused Wind Turbines: All obsolete or unused wind turbines shall be removed within 18 months of cessation of use.

BB. In the R-1 Residence District stables, sheds, pens or other places where horses, mules, asses, cattle, hogs, sheep, goats, fowl or other animals are kept shall be no closer than 50 feet to any property line.

CC. Garages may be considered a principal use in the R-1 District instead of a residential structure only if the following conditions are met:

(1) A garage shall be a maximum of 1,200 square feet; and no more than twenty (20) feet to the peak of the roof or structure.

(2) For lots 10,000 square feet and over, no garage shall be constructed or placed in such a manner as to restrict said lot from future construction of a single-family dwelling without having to first remove the garage.

(3) For lots under 10,000 square feet, garages can be constructed or placed without consideration for future construction. However, garages built on lots under 10,000 square feet without a residential structure must front a City street and cannot front an alley.

(4) Minimum Exterior Building Material Standards: A minimum of 50% of the garage’s front exterior wall shall consist of one or more of the following:

(a) Stone material used for masonry construction, including but not limited to, granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone.

(b) Brick material used for masonry construction composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.

(c) Stucco or approved gypsum concrete/plaster materials.

(d) Glass.

(e) Other design components which create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes.

(5) Driveway Requirements: All parking areas, driveways, or any part of the property used for vehicle travel shall consist of hot mix asphalt, concrete paving, stone or brick, excepting that garages which front an alley shall not be subject to these requirements.

(6) Site Plan Review: All applicants seeking the construction of a garage as a principal use in the R-1 District shall submit a Site Plan to the Building Official which shall include the following:

(a) Approximate size and locations of all structures.

(b) Access from streets.

(c) Imagery or description of exterior building materials to be used.

(d) Imagery or description of driveway construction materials to be used.

Section 13. The City of Goodland Code Section 19-501 will be amended to read as follows:

Sec. 19-501. – Use Table.

The use table of this section provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations of Article V and the zoning district regulations of Article IV, the text of the zoning district regulations shall prevail.

  1. Permitted (by-Right): Uses identified in a zoning district column of the Use Table with a “P” are “permitted by-right” and shall be permitted in such zoning district, subject to such conditional use regulations as may be indicated in the “conditions” column and all other requirements of this Zoning Ordinance.

B. Conditional Uses: Uses identified in a zoning district column of the Use Table with a “C” are “conditional uses” and shall be permitted in such zoning district if reviewed and approved in accordance with the standards of Article XII. Conditional uses shall be subject to such conditional use regulations as may be indicated in the “use standards” column and all other requirements of this Zoning Ordinance.

C. Not Permitted: Uses not identified in a zoning district column of the Use Table as permitted by-right or by conditional use are not allowed in such zoning district unless otherwise expressly permitted by other regulations of this Zoning Ordinance.

D. Use Standards: A letter in the final “use standards” column of the Use Table refers to conditional use standards applicable to a particular use in one or more of the districts in which such use is allowed. The referenced regulations appear in Section 19-502 of this Article.

      USE             ZONING DISTRICTS
REGULATIONSRESIDENTIAL NON- RESIDENTIAL  
R-1R-2M-PA-PC-1D-MUI-1I-2Use Standards
Accessory UsesPPPPPPPPA
Home OccupationsPPP     L
Temporary UsesPPP PPPPY
AGRICULTURAL USES  
Agricultural Processing      CP 
Agriculture, GeneralP       B, BB
Agriculture, Limited      C  
RESIDENTIAL USES  
Apartments P   P  A
Assisted LivingCP  C    
Boarding HouseCP       
DuplexPP       
Group Home, Limited (1—8)PPP     K
Group Home, General (9+)CC  C   K
Group Residential P  C    
Manufactured Home – Residential DesignPPP     P
Manufactured Home  P     Q
Modular Home  P      
Manufactured Home Park  P     Q
Multifamily P      R
Single-Family, AttachedPPP     W
Single-Family, DetachedPPP      
Transitional Living Facility    P    
COMMERCIAL USES  
Adult Entertainment Facility        C
Agricultural Sales and Service    PPPP 
Animal Care, General    C PPN
Animal Care, Limited    PCPP 
Bank or Financial Institution    PP   
Bar or Tavern    PP   
Bed and BreakfastCCC     D
Car Wash    PCPP 
Construction Sales and Service    PCPP 
Day Care, Limited (1—12  individuals)PPC     I
Day Care, CommercialCC  PP  I
Catering    PP   
Food Store    PP   
Greenhouses, NurseriesCC  PCPP 
Health Club    PP   
Hotel, Motel or Tourist Court    PP   
Manufactured Home Sales    P PP 
Massage Shop, ProfessionalP   PP  L
Office, General   PPPPP 
Parking Lot, Commercial    PPPP 
Print Shop    PPPP 
Recreation and Entertainment,  Indoor    PP   
Recreation and Entertainment,  Outdoor    PP  S
Repair Service    PPPP 
Research Service    PCPP 
Restaurant, Fast Food   PPPCCZ
Restaurant, General   PPPCC 
Retail Sales and Service    PPPP 
Safety ServiceCCCPCCCC 
Service Station, Automotive    PCPP 
Service Station, Truck Stop    P PP 
Studio, Television, Film, Radio,  Music    PPCC 
Vehicle and Equipment Sales    PCPP 
Vehicle/Equipment Storage Yard      PP 
Vehicle Repair, General    PCPP 
Vehicle Repair, Limited    PCPP 
Warehouse, Residential Storage    PCPP 
Wind TurbinePP    PPAA
PUBLIC, QUASI-PUBLIC, AND RECREATION
Airport or Airstrip   P  CC 
Auditorium or Stadium    PCCCU
Cemetery, Crematory, MausoleumCC  CCCCE
Churches, Chapels, Temples,  SynagoguesPPP PPPP 
College or University P  P   A
Communication Tower    C PPF
Convalescent CareCP  C   H
Correctional Facility      CC 
Cultural Service    PPCC 
Funeral Home    CC   
Golf CourseCCC     J
Government ServicePP PPP P 
Heliport or HelipadCC P PPP 
HospitalPP  PP  M
LibraryCC  PP   
Medical Service    PP   
Military Service   PP PP 
Parks and RecreationPPP PPPP 
Post Office    PP   
Recreational Vehicle Park    P CCT
Religious AssemblyPPP PPPP 
School, Elementary, Middle or HighPPP PP   
Shooting Range   CC CC 
Vocational School    P    
MANUFACTURING, INDUSTRIAL AND EXTRACTIVE USES
Asphalt or Concrete Plant      CP 
Basic Industry      CP 
Composting Facility      CCG
Food/Bakery Product Manufacturing    C PP 
Freight Terminal    P PP 
Gas and Fuel Sales/Storage      PP 
Grain Elevator      PP 
Hazardous Operation      CC 
Landfill      CCO
Laundry Plant    PCPP 
Manufacturing and Assembly    CCPP 
USE REGULATIONSZONING DISTRICTS 
RESIDENTIALNON- RESIDENTIAL
R-1R-2M-PA-PC-1D-MUI-1I-2Use Standards
Mining or Quarrying      CCO
Oil or Gas Drilling/Refining      CC 
Printing and Publishing    PCPP 
Salvage Yard      CCV
Solid Waste Collection/ Processing      CCX
Solid Waste Transfer Station      PP 
Stockyard      CC 
Transit Facility    PCPP 
Utility, Major      PP 
Utility, MinorPPP PPPP 
Warehousing and Wholesale    P PP 
Welding or Machine Shop    P PP 

SECTION 3. This ordinance shall be in force and take effect after its publication in the Goodland Star News.

PASSED AND ADOPTED this 17th day of June, 2024, by the Governing Body of the City of Goodland, Kansas.



                                                                        ____________________________________

                                                                        Aaron Thompson, Mayor

ATTEST:

_______________________________

Mary Volk, City Clerk

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