APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\SECTION 7. SPECIAL CONDITIONS

General Purposes, Various uses as listed below have characteristics which require special conditions to allow such uses to be compatible with the surrounding land uses. This section must be used in coordination with Section 3, which defines the zoning district in which each use is allowed.

(1)   Automobile Service Stations. Automobile service stations shall conform with the following conditions:

(a)   When the rental of automobiles, trailers, or single axle trucks are conducted on the premises, additional paved and landscaped area will be provided other than service driveway and required off-street parking in compliance with this Article.

(b)   The minimum site area of an automobile service station shall be 15,000 square feet with a minimum of 100 foot frontage. 

(c)   Every site shall provide for proper drainage by having a catch basin between driveways and sidewalks, except where a storm sewer is not available.

(d)   The proposed building shall be compatible with surrounding structures and neighborhood character of development.

(e)   The minimum setback from street right-at-way lines of the principal building (not including the canopy) shall be 50 feet.

(f)   All hydraulic hoists and pits, all lubrication, greasing, automobile washing and repair shall be enclosed entirely within a building.

(g)   Ingress and Egress:

(1)   Maximum width of driveways shall be 35 feet; (2) Minimum distance between outside edges of driveway shall be 100 feet.

(2)   Cemetery, Columbarium, Crematory or Mausoleum. Such uses shall have their principal entrances on a major thoroughfare, with ingress and egress so designed as to minimize traffic congestion and shall provide a wall or fence at least six feet high on all property lines abutting any residential district.

(3)   Church or Other Place of Worship. The following are size standards for churches:

Maximum Sanctuary         Total Minimum

Seating Capacity               Area to Site in Acres

200                                 2.0

300                                 2.5

700                                 3.0

(4)   Construction Facilities, Accessory: Temporary Batching Plant for Asphaltic or Portland Cement Concrete, or Temporary Building or Yard for Construction Materials and/or Equipment shall be permitted in any zoning district upon obtaining a Use Permitted Upon Review Permit from the city council after it finds that such batching plant, yard, or building is both incidental to and necessary for construction within two miles of the plant, yard, or building. Each permit for such plant, yard, or building shall specify the location of the proposed facility and the area to be served thereby.  Each such permit shall be granted for a period of not more than 180 days, and such permits shall not be granted for the same location for more than four such periods during any 30 month period. The applicant shall show that adequate measures will be taken to prevent odor, dust, noise, lights, drainage, and traffic from becoming objectionable to uses on other properties. Ingress to and egress from such facilities shall be only from major thoroughfares, provided, however, that the city council may approve a location on a minor thoroughfare if the council finds that such location would give rise to less traffic on residential thoroughfares than would a feasible location on a major thoroughfare.

(5)   Home Occupations.   Home occupations in those districts where permitted are subject to all of the following conditions:

(a)   In any dwelling unit, the home occupation shall be incidental and subordinate to the principal residential use of the premises and all home occupations collectively shall not occupy more than 20% of the gross floor area of one floor of the dwelling unit, but these limitations shall not apply to foster family care.

(b)   A home occupation shall not require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings.

(c)   Vehicular traffic generated by the home occupation shall not be abnormal for local residential traffic volumes.

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

(e)   Power shall be limited to electric motors with a total limitation of three horsepower per dwelling unit.

(f)   The home occupation shall be conducted within the principal structure by resident occupants of the dwelling unit in which the occupation is conducted and shall have not more than one non-resident employee in the dwelling unit.

(g)   Visitations, deliveries and vehicle trips associated with the home occupations are not permitted between the hours of 9:00 p.m. and 6:00 a.m.

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

(i)    No sign shall be permitted except as allowed by Section 12 of these regulations or unless required by State Statute.  If required by State Statute, shall not exceed two feet in any one direction, shall not be illuminated and shall not be placed closer to the front property line than one-half the distance of the front yard.

(j)    Parking generated by the home occupation shall not be permitted in the required front yard except that the existing driveways may be used.

(k)   There shall be no sales to customers on the premises except sales of goods incidental to the occupation or profession.

(l)    Other than the following specific uses, all other uses shall be subject to the Use Permitted Upon Review process:

a.     Artists, sculptors, composers, and writers.

b.    Custom dressmaking, tailoring or sewing of fabrics.

c.     Office facilities for ministers, rabbis, priests, etc.

d.    Office facilities for architects, engineers, lawyers, planners, doctors, dentists, chiropractors, and members of similar professions.

e.     Office facilities for salespersons, sales representatives, and manufacturers’ representatives, when no retailing or wholesaling is made or transacted on the premises except through electronic means.

f.     Office facilities for service-type businesses such as insurance agents, brokers, decorators, painters, business consultants, and tax advisors.

g.     Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc.

h.    Photographic studios, including camera repair.

i.     Beauty or barber shops having one chair, stand or station.

j.     Pet grooming, but not including veterinary services or boarding.

k.    Dental laboratories.

l.     Mail-order, internet, and phone sales.

m.   Tutors to not more than two people at a time.

n.    Giving academic, dance, music and similar types of lessons to not more than two people at a time.

o.    Home electronics and small appliance repair service.

p.    Day care homes and day care nurseries subject to laws and regulations established by the Kansas Department of Health and Environment. The applicant(s) shall furnish proof of state licensing to the city.   

q.    Informal and occasional study groups such as literary and religious discussion activities in a home.

r.     The letting for hire by a resident owner of rooming units for residential use for a total of not more than two persons.

s.     Uses determined by the Code Administrator to be similar in character to those listed above, however, none of the following uses shall be deemed to be similar in character and shall be subject to the Uses Permitted Upon Review process:

i.     Animal care.

ii.    Auto and other vehicle repair.

iii.   Bed and breakfast inn.

iv.   Contractor’s storage.

v.    Funeral homes.

vi.   Kennels and stables when carried on as a business activity.

vii.  Medical services other than those listed above.

viii. Renting of trailers, vehicles or other equipment.

ix.   Restaurants.

x.    Tattooing and body piercing facilities.

(6)   Junkyard, Salvage or Auto Wrecking Yard, or the Storage or Processing of Used Machinery, Building Material, Plumbing Fixtures or Appliances shall be permitted in the Industrial District only, provided that all exterior storage and processing areas are screened by a solid wall or fence at least six feet high so located as to prevent visibility from any thoroughfare or any residential, commercial, or industrial district.

(7)   Nursery School, Day Care Center, or Private Kindergarten shall maintain a wall or fence at least six feet high between any play area and any other property in a residential district.