ARTICLE 6. ADDITIONAL REGULATIONS (“CONDITIONS”)

16-601. Additional regulations (“conditions”) for residential uses allowed in agricultural, residential and planned districts.

The additional regulations (“conditions”) of this section shall apply to permitted, special use and accessory uses as noted.

(a) Day care, limited (1—10 children). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a Home Occupation and be subject to the provisions of section 16-703(d), Home occupations.

(b) Group home, limited (1—8 people). Group homes shall be subject to the following standards only when located in a residentially zoned district.

(1) Spacing. A group home shall not be located within 1,320 feet of another group home, measured as the shortest distance between any portion of the structure where 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 if it is in an R-2 or more restrictive zoning district. There shall be no alteration of the property where the group home is located that will change the character thereof as property within a single-family dwelling district if it is in an R-2 or more restrictive zoning district.

(3) Neighborhood character. A group home constructed in an A-1, R-1 or R-2 District shall be constructed to be compatible with the architectural character of the neighborhood that it is located.

(c) Manufactured home development and mobile home development. Manufactured and mobile homes shall be located only in manufactured or mobile home parks that comply with the following standards.

(1) Property development standards:

(A) Minimum park area: Five acres;

(B) Maximum density: Seven dwelling units per acre; and,

(C) Minimum perimeter setbacks: 20 feet, expect when adjacent to rights-of-way and residentially zoned districts then 30 feet.

(2) Streets. Private streets shall be permitted within parks, provided that they comply with the design standards of the city. Street signs that comply with all applicable city standards shall be provided by the developer.

(3) Parking. A minimum of two exterior off-street parking spaces shall be provided for each home space within the park. All common parking areas shall be paved in accordance with city standards, including parking spaces on individual home spaces.

(4) Recreational and open space. Unless otherwise approved by the planning commission, at least 500 square feet of common recreational and open space shall be provided for each home space. Such recreation and open space areas should be located no further than 500 feet from any home space served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreational and open space in computing the necessary area.

(5) Walkways. Walkways shall be required on both sides of all interior streets and accessways and shall provide connections between home spaces and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four feet in width and shall meet the design and construction requirements of the city.

(6) Water supply. All parks shall be connected to a public water supply. The individual water service connections shall be provided at each home space and the size, location and installation of water lines shall be in accordance with the requirements of the adopted city’s Plumbing Code and any other applicable codes.

(7) Sewage disposal. Individual sewer connections shall be provided for each park and shall be installed in accordance with the adopted city’s Plumbing Code and any other applicable laws. All parks shall be connected to a public sewer system.

(8) Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the park, as well as the property owners adjacent to the park. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable city standards.

(9) Underground utilities. All electric, telephone and other lines within or to each home space shall be underground.

(10) Fire protection. Parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park to satisfy regulations of the state fire marshal and the district fire chief.

(11) Flammable liquid storage. The use of individual fuel, oil or propane gas storage tanks to supply each home space separately shall be prohibited. All fuel lines leading to the park and to home spaces shall be underground and so designed as to conform to the City Building Code, City Codes, and any state Codes that are applicable.

(12) Solid waste. All garbage and trash containers shall be placed inside similarly designed and enclosed structures and be conveniently located. The removal of trash shall take place not less than once a week. Individual incinerators shall be prohibited.

(13) Landscaping, fencing and screening. A landscape screen that complies with the standards of section 16-804, Landscaping and screening, shall be provided and maintained along all boundaries of a park except at established entrances and exits.

(14) Storm shelters. Any park with more than 12 units must provide a storm shelter designed to national standards and with a capacity equal to at least 75 percent of the mobile home spaces within the park.

(15) Licensing. All manufactured or mobile home parks shall obtain an annual license from the governing body. Prior to the issuance or renewal of the license the park must be in compliance with this Unified Development Code and all other codes and ordinances of the city. A license fee in the amount established by the city’s fee resolution shall be paid in full prior to the issuance or renewal of the license.

(16) Home spaces and homes within manufactured or mobile home parks. Individual mobile homes within mobile home parks shall comply with the standards in this section.

(A) Minimum size of a home space. Each home space within a park shall be a minimum of 3,000 square feet, and be a minimum of 40 feet in width.

(B) Access. Each space shall have access to a paved interior roadway. In no case shall access to home spaces be provided from abutting property.

(C) Clearance. Each home space shall be located so that at least ten feet of clearance will be maintained between homes and other structures in the park.

(D) Setbacks. Homes shall be located at least 50 feet away from the centerline of interior streets and accessways. Homes shall be setback a minimum of 20 feet from the property line.

(E) Skirting. Uniform skirting of each home base shall be required within 30 days of placement of the home. Such skirting shall match the predominant color of the home and be of 26-gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to the home so as to deter and prevent entry of rodents and insects.

(F) Stands. Each home space shall be provided with a stand consisting of a solid concrete pad not less than four inches thick, and not more or less than the length and width of the mobile home to be placed upon it. This pad shall be so constructed, graded and placed to be durable and adequate for the support of the maximum anticipated load during all seasons.

(G) Tie-downs. Each home shall be supported on uniform jacks or locks and tied down as required by the city Code and state law.

(H) Outdoor patio. An all-weather hard surfaced outdoor patio area of not less than 150 square feet shall be provided at each home space, conveniently located to the entrance of the home and appropriately related to open areas of the lot and other facilities to provide suitable outdoor living space to supplement the limited interior spaces of a home. This area shall not be used for the parking of vehicles or as a substitute for required parking areas.

(I) Canopies and awnings. Canopies and awnings may be attached to any home. If enclosed and used for recreation, living or storage purposes, such use shall be considered as part of the home and a permit issued by the planning director required.

(J) Utility hookup. Each space shall have hookup facilities for water, sewer, electricity, telephone and cable TV service. All occupied homes shall have and use sanitary facilities contained wholly within the home.

(d) Multi-family. Multi-family development shall be subject to the following design guidelines and standards.

(1) Site plan and design review. New or expanding multi-family developments shall receive site plan approval in accordance with the procedures of section 16-410, Site plan applications.

(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;

(d) Existing tree cover including tree masses, window 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) Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the multi-family development, as well as the property owners adjacent to the multi-family development. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development and shall comply with all applicable city standards.

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

(6) Lot coverage. Each site shall be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

(7) Access. Collector, arterial or higher classification streets should be used to access to multi- family residential developments and the use of local streets which causes traffic to travel through low-density single-family neighborhoods should be avoided.

(8) Open space. Open space shall be provided to meet active and passive use requirements of the neighborhood. At least ten percent of the total site area shall be set aside as common open space. The common open space area shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the development. 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.

(9) 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.

(10) Building orientation.

(A) Individual buildings. Individual buildings should be oriented in a way that establishes 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.

(11) 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 culs-de-sac 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 complement the primary structures and to provide visual relief from extensive pavement areas.

(12) Pedestrian circulation.

(A) Pedestrian linkages. 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. 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.

(13) 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 identity. All landscape and buffer areas must conform to the requirements of section 16-804, Landscaping and screening.

(14) Architectural design. The architecture of multi-family 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.

(A) 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.

(B) 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

(C) 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.

(D) 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 major building components and should include landscaping.

(e) 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 only on one side.

(Code 2016, Sec. 106-76)

16-602. Additional regulations (“conditions”) for non-residential uses allowed in agricultural, business and planned districts.

(a) Accessory residential. Accessory residential shall be subject to the standards of the underlying zoning district, as modified by the following standards.

(1) Residential uses shall be clearly incidental to the principal use.

(2) Residential uses shall be located on the second floor or above.

(3) There shall be a separate outside entrance for the residential use.

(b) Adult entertainment establishment.

(1) Separation from other uses. No adult entertainment establishment shall be permitted within 1,250 feet of any residentially zoned lot, religious assembly, school, park or recreation use, or child care center. This separation distance shall be measured as a straight line without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned residential or that contains the religious assembly, school, park or recreation use, or child care center.

(2) Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within 1,250 feet of any other adult entertainment use.

(3) Frontage and access. Adult entertainment establishments shall have at least 100 feet of street frontage on an arterial street. All vehicle access shall be taken from an arterial street.

(4) Screening. Appropriate screening shall be provided along all non-street facing lot lines. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees, and shrubs. A berm and a solid or semisolid fence or hedge not more than six feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.

(5) Building and parking area setbacks. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be 20 feet from the front property line and all property lines abutting a street right-of-way. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be ten feet for all other property lines.

(6) Windows and doors. The building that the adult entertainment is located within shall be designated in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures or products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building.

(7) Signs. Adult entertainment establishments shall be limited to one wall-mounted sign no greater than one square foot of sign per linear foot of wall length, not to exceed a total of fifty square feet. Signs must meet all requirements of article IX, Signs.

(d) Animal care, general and limited, and kennels. When an animal care or kennel facility abuts a residentially zoned property, no outdoor runs, pens or enclosures shall be allowed. All outdoor animal runs, pens or enclosures shall be located at least 75 feet from lot lines abutting commercially zoned districts. A minimum lot size of 5 acres shall be required for kennels.

(e) Charitable institutions and hospitals. Ingress and egress for charitable institutions and hospitals shall be designed so as to minimize traffic congestion.

(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 set back 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 any lot line abutting a residentially zoned district.

(D) Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property that the tower is located and shall be located a minimum of five feet from any lot line, and a minimum of ten feet from any lot line abutting a residentially zoned property.

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

(4) Security fences and walls. A fence or wall not less than six feet but not more than eight [feet] in height shall be constructed around each communication tower, around each guy anchor or peripheral support and around any associated accessory building. 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 communications tower is adjacent to a residentially zoned property 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 line.

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

(6) Removal of obsolete towers. All obsolete or unused communication towers shall be removed within six 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 (NIER).

(g) Compost facility. The following standards shall apply to all compost facilities.

(1) Screening. Compost facilities shall be subject to the landscape and screening standards of section 16-804, Landscaping and screening, provided that the governing body may require additional landscaping or a greater screen to protect adjacent property from adverse visual and/or other impacts associated with a specific compost facility.

(2) Traffic circulation. Ingress and egress for the operation shall be designed so 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.

(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 all lot lines abutting a residentially zoned property.

(5) Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a residentially zoned district.

(6) Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

(7) Stormwater management. A stormwater management plan may be required at the discretion of the planning director.

(8) Litter control. The operation shall be continually attended by the owner/operator 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 substances used for the operation of the facility such as fuel.

(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 a compost facility. Only yard/garden wastes are allowed as compost material.

(h) Landfills and mining and quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:

(1) Minimum site area. In the A-L District, the uses shall require a minimum site area of 35 acres.

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

(3) Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a residentially zoned property.

(4) Separation from residential. No digging or excavating shall occur within 100 feet of any lot line or within 300 feet of any lot line abutting a residentially 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 the nuisance caused by wind-borne dust.

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

(7) Screening 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 that such excavation is located. 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. Landscaping and screening shall be provided around the site in accordance with the standards of section 16-804, Landscaping and screening.

(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. A detailed restoration plan for the site shall be submitted as part of the special use permit application and must be approved in conjunction with the special use permit. The plan shall include information on the anticipated future use of the restored land, the location of future roads, drives, drainage courses or other improvements contemplated. The plan shall be prepared by a soil or geological engineer.

(B) Bonds. Before issuance of any special 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 governing body as to form, sufficiency and manner of execution, and shall run for the same term as the term of the special use permit and any renewals.

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

(D) Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned. The areas shall be rehabilitated to a condition of being entirely lacking in hazards, and be 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.

(E) 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 that is either two feet thick or equal to the original thickness, whichever is less, but still capable of supporting vegetation. The area shall be seeded or sodded in accordance with approved city standards. Fill shall be of a suitable material approved by the planning director.

(F) City, county, state and federal standards. All operations shall be licensed if required, have proper permits from the Kansas Department of Natural Resources and shall meet all city, county and Federal Health Department requirements pertaining to facilities, equipment and other features.

(i) 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 500 feet of a residentially zoned property.

(2) Screening and fencing. 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, but not to exceed eight feet in height. The fence or wall shall be of a uniform height, uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the materials 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 exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features. Landscaping shall be provided around the site in accordance with the standards of section 16-804, Landscaping and screening.

(3) Loading/unloading. No material 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.

(j) Service station, automotive and vehicle repair. The following regulations shall apply to all automotive service stations, vehicle repair uses, and other businesses that sell gasoline or diesel fuel and are not a “Truck Stop Service Station”:

(1) Traffic study. A traffic study shall be required for all automotive service stations that derive access from an arterial street or a collector where the nearest driveway is within 500 feet of an arterial street. The person preparing the report must be a Registered Engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns. All traffic concerns must be adequately addressed to promote safety and reasonable traffic flow.

(2) Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees, and shrubs. A berm and a solid or semisolid fence or hedge not more than six feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.

(3) Design. The design location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building.

(k) 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 six feet in height but not to exceed 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 materials 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 waste or other materials within the yard. No waste or other materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features. Landscaping shall be provided around the site in accordance with the standards of section 16-804, Landscaping and screening.

(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.

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

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

(5) Separation from residential. No structures shall be located within 500 feet of a residentially zoned property.

(6) Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a residentially zoned property.

(7) Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

(8) Stormwater management. A stormwater management plan may be required at the discretion of the planning director.

(9) Other regulations. All operations shall be licensed, if required, have proper permits from the Kansas Department of Natural Resources and shall meet all city, county, state and Federal Health Department requirements pertaining to facilities, equipment and other features.

(10) Time limit and renewal of special use permit. The special use permit shall be effective for one year, at that time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the special use permit shall be established at the public hearing. The special use permit shall be revoked if it is determined by the planning director that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.

(l) Transitional living centers. Transitional living centers shall be subject to the following standards.

(1) Size. A maximum of ten persons, including staff, shall reside in the center at one time.

(2) Separation. No transitional living center shall be located within 1,500 feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within 300 feet of any religious assembly, school, park, licensed child care facility, or residentially zoned property.

(m) Vehicle/equipment sales, vehicle/equipment storage yard and vehicle repair. All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust- free and landscaped in accordance with section 16-804, Landscaping and screening.

(Code 2016, Sec. 106-77)

16-603. Additional regulations (“conditions”) for uses allowed in agricultural, residential, business and planned districts.

(a) Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums:

(1) Entrances. All ingress and egress areas shall be designed to minimize traffic congestion.

(b) Convalescent care. A minimum of 70 square feet of usable outdoor 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.

(1) 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) Occupational license. An occupational license shall be required prior to the establishment of a commercial day care.

(C) Vehicle drop-off area. A loading zone capable of holding one car per ten licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.

(d) Golf courses.

(1) Location of restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided that restaurant signage not exceed six feet in height and is not illuminated.

(2) Location of recreation facilities. Buildings, swimming pools, tennis courts and similar recreational facilities shall be set back at least 25 feet from any property line abutting a residentially zoned property.

(e) Group home, general. Group homes shall be subject to the following standards when located in an R-3 district.

(1) Spacing. A group home to be located within an R-3 district shall not be located within 1,320 feet of another group home, measured as the shortest distance between any portion of the structure where persons reside.

(Code 2016, Sec. 106-78)