The Governing Body of the City, from time to time, may supplement, change or generally revise the boundaries or regulations contained in these regulations by amendment, in accordance with the terms, conditions and procedures established in K.S.A. 12-757.

A.

Proposal for Amendments. A proposal for such amendment may be initiated by the Governing Body or the Planning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of the property affected, filed with the Zoning Administrator and placed in such form and including such information as shall be prescribed from time to time by the Planning Commission. Any such amendment, if in accordance with the land use plan or the land use element of a comprehensive plan, shall be presumed to be reasonable.

B.

Public Hearing. Prior to voting on an application for an amendment to the Zoning Map (or issuance of a special use permit), the Planning Commission shall hold a public hearing on the application and notice shall be provided in accordance with K.S.A. 12-757.

C.

Matters for Consideration. When approving or disapproving a rezoning request affecting specific property, consideration may include, but is not limited to, the following matters:

1.

The character of the neighborhood.

2.

The zoning and uses of properties nearby.

3.

The suitability of the subject property for the uses to which it has been restricted.

4.

The extent to which removal of the restrictions will detrimentally affect nearby property.

5.

The length of time the subject property has remained vacant as zoned.

6.

The gain to the public health, safety, and welfare by the possible diminution in value of the applicant's property as compared to the hardship imposed on the applicant if his requests were denied.

7.

The impact of the proposed development on community facilities.

8.

The opposition or support of neighborhood residents.

9.

The conformance of the requested change to the City's master or comprehensive plan.

10.

The recommendations of a permanent or professional planning staff.
The above-listed factors are only suggested factors which may be important for consideration when approving or disapproving a rezoning request affecting specific property. The above-listed factors are not exclusive and other factors which may be important for consideration of a rezoning request may be considered.

D.

Protest Petitions. Regardless of whether or not the Planning Commission approves or disapproves a zoning change, a written protest petition against a proposed amendment for a specific property or special use may be filed in accordance with the provisions of K.S.A. 12-757.

E.

Vote by Extraordinary Majority Required.

1.

Protest Petition. If a valid protest petition against an application for amendment or special use is filed in the office of the City Clerk in accordance with the provisions and meeting the requirements of K.S.A. 12-757 any ordinance adopting such amendment shall not be passed except by at least a 3/4 vote of all of the members of the Governing Body.

2.

Adoption Without Remand. In accordance with the provisions and meeting the requirements of K.S.A. 12-757 if the action of the Governing Body is to approve a proposal for which the Planning Commission recommended denial or to deny a proposal for which the Planning Commission recommended approval, then the Governing Body may override the Planning Commission recommendation, without a remand, by at least a 2/3 vote of all members of the Governing Body.

F.

Fees. The required fees shall be paid in advance by the owner of any property at the time of making application for a zoning amendment in accordance with the established fee resolution approved by the Governing Body.

G.

Successive Applications. In the event that the Governing Body denies an application for an amendment, or the applicant withdraws his or her application after a public hearing by the Planning Commission, a similar application shall not be refiled for one year from the latest advertised public hearing date on said application. The Planning Commission may permit a refiling of said application after six months of the latest advertised public hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning regulation text change has been adopted, or when the reapplication is for a more restrictive change of zoning classification or is significantly different than the original request. The applicant shall submit a statement in detail setting out those changes that the applicant deems significant and upon which the applicant relies for refiling the original application.

Certain uses which might have the potential of creating an adverse effect upon nearby properties or upon the character and future development of specific zoning districts are permitted as "special uses" within such zoning districts when their proposed location is supplemented by conditions designed to promote compatibility of the use with the surrounding property, the neighborhood and the applicable zoning district.

A.

Procedure:
Although the Official Zoning Map of the City is not amended, the procedure for approval of a special use permit shall otherwise be the same as for an amendment to change a zoning district classification or boundary in accordance with the terms, conditions and procedures established in K.S.A. 12-757 and Section 1100 of these regulations; provided, that any additional requirements which are further imposed upon the special use shall be made a part of the effectuating ordinance. Concurrent applications may be processed for amending a property's zoning district classification and approving a special use on the same property. The Planning Commission decision shall be the final action on the special use application unless the application is submitted concurrently with an application to amend the zoning classification, the decision is appealed by the applicant; the applicant requests a modification of the supplemental regulations; or a protest petition is filed within 14 days of the conclusion of the public hearing by any property owner within the required notification area for the public hearing, in which case the final decision shall be made by the Governing Body.

B.

Fees. The required fees shall be paid in advance by the owner of any property at the time of making application for a special use permit in accordance with the established fee resolution approved by the Governing Body.

C.

Eligible Special Uses: The special uses designated in the following table are eligible to be applied for within the identified zoning district(s) for each special use:

SPECIAL USE REGULATION SCHEDULE

In granting a special use permit, the minimum requirements of approval for all similar types of permitted uses in the same district must be met, unless otherwise reduced by an exception under these regulations. Additional conditions may be attached upon the property and/or the applicant benefited by the special use if deemed necessary to address issues raised during the application and hearing process. The special use permit is subject to ongoing compliance with these conditions and shall lapse and become ineffective if such conditions are not continually complied with. Such conditions may include, but not be limited to, further restrictions on bulk regulations; height restrictions, length and time of operation and ownership limitations; screening, landscaping and fencing; provision of utilities, drainage, sidewalks and other public improvements; additional access or access control; off-street parking and loading requirements; and platting, dedications and/or guarantees.

D.

Supplemental Regulations: All special uses shall comply with the applicable supplemental regulations unless modified by the Governing Body. The applicant shall have the burden of demonstrating that the proposed modification meets the applicable review criteria through an engineering study and/or planning analysis. The Planning Commission and Governing Body shall consider the following review criteria in determining if a modification should be granted.

a.

The modification is minor in nature, and the spirit and intent of the provision is maintained.

b.

An alternative approach accomplishes the purposes of the provision in a manner that is equal to or better than strict compliance with the provision.

c.

Strict compliance with the provision is not feasible due to topography, existing development, or a natural area or feature.

d.

The modification arises from such a condition that is unique to the property and that is not ordinarily found in other areas of the City.
Supplemental regulations also shall apply as designated for permitted uses in the zoning district regulations and shall not be modified unless a special use is approved by the Governing Body.

1.

Accessory Dwelling: A maximum of one accessory dwelling may be allowed on the same lot as a principal dwelling subject to the following standards.

a.

The accessory dwelling shall be limited to no more than 75% of the area of the principal dwelling or the maximum size permitted by the maximum lot coverage, whichever is less;

b.

The appearance of an accessory dwelling shall be compatible with the principal dwelling and with the character of the neighborhood and shall use siding materials and roof designs compatible with dwellings in the neighborhood;

c.

Accessory dwellings shall remain accessory to and under the same ownership as the principal dwelling. Ownership shall not be divided or sold as a separate dwelling unit;

d.

Accessory dwellings shall conform to the bulk regulations for accessory structures specified in Section 600.C;

e.

A separate driveway from that provided for a principal dwelling shall not be permitted for an accessory dwelling except on a corner lot or lot with at least twice the required minimum lot width;

f.

If an on-street parking space is not available adjacent to the lot on the same side of the street, one off-street parking space is required for the accessory dwelling in addition to the off-street parking spaces required for the principal dwelling. If an off-street parking space is required for the accessory dwelling, it may be located within a required front yard, provided that a parked vehicle does not overhang into the street right-of-way; and

g.

Utility services provided to the accessory dwelling shall not be provided as separate service from the principal dwelling. Accessory dwellings may be connected to the same septic system as the principal dwelling; provided the septic system is designed with enough capacity to adequately serve the total number of occupants residing in both the principal dwelling and the accessory dwelling, as determined by the City's Building Trades Official.

2.

Animal Hospital: Animal Hospitals shall be subject to the following conditions:

a.

All animals shall be harbored, treated, and groomed in a completely enclosed building;

b.

The practice of the hospital shall be limited to the care and treatment of dogs, cats, and other small animals; and

c.

There shall be no on-site incineration, except accessory facilities which provide for the disposal of dead animals shall be allowed within the B-5 Restricted Commercial, Warehousing and Limited Manufacturing District.

3.

Automobile, Truck, Recreational Vehicle, Trailer, Motorcycle and Boat Sales: Such special uses may have storage and display areas for vehicle sales inventory outside of a completely enclosed building equivalent to a number of vehicles that does not exceed the sum of the following:

a.

Three (3) vehicles per 200 square feet of enclosed building area devoted to the vehicle dealership use;

b.

Three (3) vehicles per each off-street parking space required for the open vehicle sales lot and use by the employees of the vehicle dealership; and

c.

Three (3) vehicles per 200 square feet of permanent perimeter landscaped area which is located on the zoning lot and which is within 35 feet of the front lot line;
provided that:

d.

All such outside vehicle storage and display areas are provided solid visual screening and landscaping to block their ground-level view from adjacent residential, institutional, B-1, and B-2 zoning districts; and

e.

Any area used for outdoor storage or display of vehicles shall be paved with concrete or asphaltic concrete.

4.

Car Wash. Such special uses shall be subject to the following conditions:

a.

All vehicle washing, drying and cleaning equipment shall observe at least a 60-foot setback from any lot line that is adjacent to property zoned in a residential zoning district or is designated for use for residential purposes; and

b.

Solid visual screening shall be provided along any side or rear property line which is adjacent to a residential use, residential zoning district or I-1 or B-1 zoning district.

5.

Earth Sheltered Dwelling: Such special uses must have a design that is compatible with adjacent properties, including such items as aesthetics, drainage, parking, and accessory structures.

6.

Equipment Rental and Sales: Such special uses may have storage and display areas, located outside of a completely enclosed building for merchandise inventory equivalent to not more than 20% of the total floor area of the completely enclosed portion of the equipment rental and sales business; provided that:

a.

Outside storage and display areas for merchandise, including but not limited to rental vans, trucks and trailers, shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall of the principal building. Such outside use areas shall observe at least a 10-foot setback from any perimeter property line; however, no side or rear yard setback need be observed if the adjacent property is zoned B-3, B-4, B-5 or M-1;

b.

When the zoning lot is bordered by any residential district or use, or when the zoning lot is across a street from a residential zoning district or use, the outside storage or display area for merchandise or INCIDENTAL CONCRETE MIXING FACILITY shall be provided solid visual screening and landscaping to block its ground-level view from such districts or uses. When the zoning lot is bordered by any non-residential zoning district, other than the B-5 or M-1 Districts, outside storage or display areas for merchandise and any INCIDENTAL CONCRETE MIXING FACILITY shall be provided landscaping to partially screen its ground-level view from such districts;

c.

Outside storage or display areas for merchandise shall be paved with concrete or asphaltic concrete;

d.

Outside storage or display areas for merchandise shall not be a factor in determining the business' overall off-street parking requirement, unless during review of the required special use permit, it is decided by the City that such outdoor storage or display areas should be a factor in determining required off-street parking; and

e.

Any INCIDENTAL CONCRETE MIXING FACILITY, approved as a part of the special use for the Equipment Rental and Sales Business, shall not be located within a required FRONT YARD SETBACK and shall be located behind the principal building. Such incidental use shall observe at least a 40-foot setback from any perimeter property line, however, only a 10-foot side or rear yard setback is required if the adjacent property is zoned B-3, B-4, B-5 or M-1. Partial screening or solid visual screening and landscaping of the Concrete Mixing Facility shall be provided in accordance with subsection (b) above.

7.

Garden Centers: Such special uses may have display areas for plant materials and merchandise, which are outside of a completely enclosed building, equivalent to not more than 20% of the total floor area of the completely enclosed portion of the Center and, if provided for as a part of a special use, may have OUTDOOR USE AREAS FOR THE CULTIVATION OF PLANT MATERIALS and/or GREENHOUSES; provided that:

a.

OUTDOOR PLANT NURSERY AREAS, provided for as a part of a special use, shall be fenced and, when adjacent to residential, institutional, B-1 or B-2 zoning districts, shall be provided perimeter landscaping to partially screen their ground-level view from such districts. When such use areas are across a street from a residential district or use, the nursery area shall be provided landscaping to partially screen its ground-level view from such districts or uses. When computing the Garden Center's percentage of merchandise display outside of a completely enclosed building, OUTDOOR PLANT NURSERY AREAS shall not be counted, unless during review of the required special use permit, it is decided that such outside use areas should be a factor in determining the percentage of outside display;

b.

Outside merchandise display areas shall not be located within a required FRONT YARD SETBACK and shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-3, B-4, B-5 or M-1;

c.

When the zoning lot is bordered by any residential zoning district or use, the outside merchandise display area shall be provided solid visual screening to block its ground-level view from such districts or uses. When the zoning lot is bordered by any non-residential zoning district, other than B-3, B-4, B-5 or M-1 Districts, the outside merchandise display area shall be provided landscaping to partially screen its ground-level view from such districts;

d.

Outside merchandise display areas, in front of the principal building, shall be paved with concrete or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate instead of with concrete or asphaltic concrete paving. The arrangement of display items shall not obstruct handicapped accessibility or impede pedestrian movement;

e.

GREENHOUSES, provided for as a part of a special use, shall observe at least a 40-foot setback from any perimeter property line, however, only a 10-foot side or rear yard setback is required if the adjacent property is zoned B-3, B-4, B-5 or M-1; and

f.

Outside merchandise display areas shall not be a factor in determining the Garden Center's overall off-street parking requirement. OUTDOOR PLANT NURSERY AREAS shall not be a factor in determining the amount of required off-street parking, unless during review of the required special use permit, it is decided that such outdoor use areas should be a factor in determining required off-street parking.

8.

Mini-Storage Warehouse:

a.

Any side of a Mini-Storage Warehouse providing doorways to individual storage areas shall observe at least a 25-foot setback from any perimeter property line that is adjacent to either a residential zoning district or residential use; and

b.

Mini-Storage Warehouses are not permitted to front onto or be accessed from K-15/Baltimore Street between Wedgewood Street to the north and Kay Street to the south in the B-4 District.

c.

Mini Storage Warehouses are limited to the storage of personal household goods, but not including the storage of fireworks, firearms, or any hazardous substance of product.

9.

Multi-Family Dwellings: Multi-family dwellings shall be permitted only on corner lots, on lots facing an arterial or collector street, or on lots facing park/open space, multi-family uses, or non-residential uses. A maximum of one dwelling unit per 3,000 square feet of lot area may be allowed subject to the following standards:

a.

The appearance of multi-family dwellings shall be compatible with the character of the neighborhood and shall use siding materials and roof designs compatible with dwellings in the neighborhood;

b.

A pedestrian-scaled entry shall be a prominent feature of the front façade with entry doors oriented to the street in front of each dwelling unit;

c.

A garage facing the street shall occupy no more than 50% of the ground-level façade facing the street and shall project no farther than five feet from the front wall line of the dwelling;

d.

Required off-street parking shall not be located in front of the dwelling except on a driveway to a garage, provided that a parked vehicle does not overhang into the street right-of-way;

e.

The façade facing the street shall contain transparent, glazed areas not less than 10% of the area from the base of the dwelling to the start of the roofline for any other vertical wall of interior living space facing the street. The total wall area shall exclude gabled portions of the facade not containing livable area. The glazed area on doors, including garage doors, shall not be included in the calculation of the required area of glazing; and

f.

Duplicative dwelling designs on adjoining lots shall not be permitted. Reverse configurations of the same dwelling design on adjoining lots are not sufficient to meet this standard.

10.

Privately-Owned Park and Playground: Privately-owned parks and playgrounds intended to serve a given residential neighborhood include accessory structures and uses for recreational activities such as clubhouses, swimming pools, tennis courts, racquetball courts, playground equipment, gazebos, landscaping, open space, parking, and similar accessory structures and uses as determined by the Planning Commission. Privately-owned parks and playgrounds shall not require approval of a Special Use when located within a platted reserve that allows the use but shall require site plan approval pursuant to Section 305.

11.

Recreation Facility, Outdoor: Such special uses may be located outside of a completely enclosed structure provided that:

a.

Recreational use areas shall not be located within a required FRONT YARD SETBACK and shall observe at least a 20-foot setback from any perimeter property line; however, no such setback need be observed if the adjacent property is zoned B-3, B-4, B-5 or M-1. If the 20-foot setback is required, at least 10 feet of the required setback shall be landscaped;

b.

If it is determined by the City that the nature of the outdoor use is of the type that warrants solid visual screening, when adjacent to any residential or institutional zoning district, such screening shall be provided within the required use setback;

c.

Any permitted outdoor recreational use shall be of the type and variety as to be compatible with the uses permitted in the applicable zoning district as well as with surrounding zoning districts and land uses. The following is a partial list of the types and variety of outdoor recreational uses that may be permitted:

1)

Adventure Parks,

2)

Archery ranges,

3)

Batting cages,

4)

Bicycle motocross tracks,

5)

Carnival rides,

6)

Golf driving ranges,

7)

Miniature golf,

8)

Practice pitch and putt golf greens,

9)

Remote control model car racing tracks,

10)

Sports fields and diamonds,

11)

Skating and skateboard facilities,

12)

Swimming pools and beaches,

13)

Tennis and basketball courts,

14)

Tracks for electric powered go carts,

15)

Water slides.

d.

Such a special use is not intended to include outdoor recreational uses which may cause excessive noise and/or general disruption of areas adjacent to or near them, such as: motor vehicle racing, motorcycle motocross, drive-in theaters, tractor pulls, demolition derbies, skeet or trap shooting, rifle ranges, dog or horse racing, etc.; and

e.

Outdoor recreational uses that, in the sole judgment of the Board, would attract large numbers of spectators and/or participants are not allowed within the B-5 District when the proposed area of use is located in APZ I or II.

12.

Single-Family Attached Dwelling: A maximum of one single-family attached dwelling is permitted on a lot, which shall have a minimum permitted lot area of 3,000 square feet. More than two attached single-family dwellings shall be permitted only on corner lots, on lots facing an arterial or collector street, or on lots facing park/open space, multi-family uses, or non-residential uses. Single-family attached dwellings may be allowed subject to the following standards:

a.

The appearance of single-family attached dwellings shall be compatible with the character of the neighborhood and shall use siding materials and roof designs compatible with dwellings in the neighborhood;

b.

A pedestrian-scaled entry shall be a prominent feature of the front façade with entry doors oriented to the street in front of each dwelling unit;

c.

A garage facing the street shall occupy no more than 50% of the ground-level façade facing the street and shall project no farther than five feet from the front wall line of the dwelling;

d.

Required off-street parking shall not be located in front of the dwelling except on a driveway to a garage, provided that a parked vehicle does not overhang into the street right-of-way;

e.

The façade facing the street shall contain transparent, glazed areas not less than 10% of the area from the base of the dwelling to the start of the roofline for any other vertical wall of interior living space facing the street. The total wall area shall exclude gabled portions of the facade not containing livable area. The glazed area on doors, including garage doors, shall not be included in the calculation of the required area of glazing; and

f.

Duplicative dwelling designs on adjoining lots shall not be permitted. Reverse configurations of the same dwelling design on adjoining lots are not sufficient to meet this standard.

13.

Truck Service Station and Vehicle Body and Fender Repair: Such special uses may have storage areas located outside of a completely enclosed building for vehicles undergoing active repair; provided that:

a.

Any area used for outside storage of vehicles or equipment shall be paved with concrete or asphaltic concrete;

b.

Except for required customer and employee parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business, any area used for outside vehicle storage shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall of the principal building;

c.

Any area used for outside vehicle storage shall observe at least a 10-foot setback from any perimeter property line when the adjacent property is zoned a residential district;

d.

Except for required customer and employee vehicle parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business, all vehicles being stored outside shall be provided solid visual screening and landscaping to block ground-level view of such vehicles by persons occupying residential uses adjacent to or across a street from the business and along the zoning lots direct boundary with any residential district. When bordered by any non-residential zoning district, other than the B-3, B-4, B-5 or M-1 Districts, the outside vehicle storage area shall be provided landscaping to partially screen its ground-level view from such districts;

e.

The use area for the outside vehicle storage shall not be a factor in determining the business' overall off-street parking requirement, unless during review of a required special use permit, it is decided that such outdoor use areas should be a factor in determining required off-street parking;

f.

Outside storage of inoperable vehicles and equipment that are not undergoing active repair or which are being salvaged or "parted out" is not permitted in the B-3 and B-4 Districts; and

g.

Vehicle Body and Fender Repair Shops are not be permitted to front onto or be accessed from K-15/Baltimore Street between Wedgewood Street to the north and Kay Street to the south in the B-4 District.

14.

Two-Family Dwelling: A maximum of two dwelling units per lot, which shall have a minimum permitted lot area of 3,000 square feet, may be allowed subject to the following standards:

a.

The appearance of two-family dwellings shall be compatible with the character of the neighborhood and shall use siding materials and roof designs compatible with dwellings in the neighborhood;

b.

A pedestrian-scaled entry shall be a prominent feature of the front façade with entry doors oriented to the street in front of each dwelling unit;

c.

A garage facing the street shall occupy no more than 50% of the ground-level façade facing the street and shall project no farther than five feet from the front wall line of the dwelling;

d.

Required off-street parking shall not be located in front of the dwelling except additional accessory off-street parking may be located on a driveway to a garage, provided that a parked vehicle does not overhang into the street right-of-way;

e.

The façade facing the street shall contain transparent, glazed areas not less than 10% of the area from the base of the dwelling to the start of the roofline for any other vertical wall of interior living space facing the street. The total wall area shall exclude gabled portions of the facade not containing livable area. The glazed area on doors, including garage doors, shall not be included in the calculation of the required area of glazing; and

f.

Duplicative dwelling designs on adjoining lots shall not be permitted. Reverse configurations of the same dwelling design on adjoining lots are not sufficient to meet this standard.

15.

Vehicle Storage Yard:

a.

Unless specifically authorized as part of the special use, the storage of wrecked or otherwise inoperable vehicles or equipment outside of a completely enclosed building is prohibited;

b.

All such storage areas must be paved with asphalt, concrete or asphaltic concrete or be surfaced with minimum three-quarter inch diameter crushed rock or approved alternate material, such as asphalt millings, to a depth of at least four inches. If a crushed rock or alternate material surface is selected, the subgrade of such areas shall be treated to the specifications of the City Engineer. Areas surfaced with crushed rock shall be treated with dust retardants, as needed and stored equipment, construction materials or similar items shall be kept free of weeds. Appropriate fire-lane aisles and, if required, fire hydrants shall be provided in the storage area;

c.

The area used for outdoor vehicle and equipment storage shall not be a factor in determining the principal use's overall off-street parking requirement, unless during review of a required special permit, it is decided that such outdoor storage areas should be a factor in determining required off-street parking; and

d.

All vehicular parking areas for customer and employee vehicles and for the parking of vehicles used in conjunction with the business occupying the zoning lot, as well as parking and storage areas for rental vehicles and rental equipment, shall be paved with concrete, asphalt or asphaltic concrete.

16.

Wind Energy Conversion Systems: Such special uses must comply with the following requirements:

1.

Any wind energy conversion system (WECS) shall be located a minimum of fifty (50) feet from any property line, and a minimum of one hundred (100) percent of the tower height plus one hundred percent (100) percent of the rotor diameter from any overhead power lines.

2.

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) DBA in a residential zone.

3.

To limit climbing access to WECS tower, or other support structure, a six (6) foot fence with locking portal shall be placed around the WECS support or, if a tower is utilized, the tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground. The WECS support may be mounted on a rooftop.

4.

All blades of the WECS shall be constructed of non-metallic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to twenty-five (25) percent may be acceptable.

5.

The WECS shall be located in compliance with the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations.

6.

Height of the WECS shall not exceed, beyond those restrictions already set out above with regard to overhead power lines, the maximum height restriction in the zone where it is located by more than twenty (20) feet. The height of the WECS shall be measured at the center of the blade diameter. Notwithstanding any other provision of these regulations, the maximum height of the WECS shall not under any circumstance exceed 60 feet.

7.

Data pertaining to the WECS's safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified by the City's building code.

8.

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to the WECS.

9.

A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hundred (200) feet of the exterior of lot lines.

10.

The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

11.

The owner/operator shall certify that the WECS does not violate any covenants of record.

12.

The applicant shall provide the City with a certificate of general liability insurance, including product liability coverage, in limits to be determined at the time of approval of the Special Use and subject to annual review and adjustment of said limits by the Zoning Administrator, naming the City of Derby as an additional insured. Any Special Use approved in accordance with this Section shall be conditioned upon the owner/operator of the approved WECS annually presenting evidence to the City's Zoning Administrator that the above-referenced insurance is still in effect.

13.

WECS are not permitted in APZ l or APZ ll.

17.

Adult Care/Day Care: When permitted as a special use on a property with an existing single-family detached, single-family attached, or two-family dwelling, the use shall be subject to the following standards.

a.

No alteration of the principal residential building shall be made which changes the character thereof as a residence.

b.

Accessory structures constructed as part of the special use shall be of a similar architectural design and material as the principal structure.

c.

The screening and landscaping requirements of Section 304 shall not apply. Instead, the designated area for outdoor play shall not be located in front of the dwelling and shall be screened with a fence six feet in height in compliance with Subsection 304.E.1.e.

d.

Outdoor play shall be limited to the hours of 7:30 a.m. to 6:30 p.m. if located within 100 feet of a lot containing a dwelling unit.

e.

The off-street parking and loading requirements of Article 5 shall not apply. Instead, the center shall be operated in accordance with a parking, loading, and circulation plan approved with the special use. The plan shall provide for a minimum of two on-site parking spaces, which may be permitted in the front yard and may exceed the surfaced area limitation of Subsection 500.A.6.a.1).

f.

The area in front of the dwelling, except the area paved for parking, loading, and circulation, shall be landscaped with grass, shrubs, trees, or groundcover, and shall be maintained in good condition.

(Ord. No. 2529, §§ 1.11, 1.12, 5-23-23)

In accordance with K.S.A. 12-748, whenever the Planning Commission has adopted and certified the Comprehensive Plan or one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the Comprehensive Plan or portion thereof shall be constructed without first being submitted to and being approved by the Planning Commission as being in conformity with the Plan. If the Planning Commission does not make a report within 60 days, the project shall be deemed to have been approved by the Planning Commission. If the Planning Commission finds that any such proposed public improvement, facility or utility does not conform to the Plan, the Commission shall submit, in writing to the Governing Body, the manner in which such proposed improvement, facility or utility does not conform. The Governing Body may override the Plan and the report of the Planning Commission, and the Plan for the area concerned shall be deemed to have been amended.

Whenever the Planning Commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendations of the Comprehensive Plan or portion thereof is in conformity with such Plan, no further approval by the Planning Commission is necessary under this section. In the event that certain public improvements, facilities or utilities of a type embraced within the recommendations of the Comprehensive Plan are classified as special uses or are the subject of a change in zoning classification or district boundary, the consideration of such uses by the Planning Commission in conjunction with a zoning application may also constitute the project review of such proposed use if concurrently processed under procedures required by K.S.A. 12-748.

At least once each year, the Planning Commission shall review or reconsider the Plan or any part thereof and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any Plan or part thereof shall be the same as that required for the adoption of the original Plan or part thereof.

Judicial Review of the City's decision shall be pursuant to K.S.A. 12-760.

Certain uses which might have the potential of creating an adverse effect upon nearby properties or upon the character and future development of specific zoning districts may be permitted with approval of an "administrative permit" within such zoning districts when their proposed location is supplemented by conditions designed to promote compatibility of the use with the surrounding property, the neighborhood and the applicable zoning district. Uses requiring an administrative permit may be listed as permitted uses subject to a use limitation requiring approval of an administrative permit.

A.

Authority. The Zoning Administrator, with the concurrence of the Development Director, shall have the authority to approve applications for administrative permits for uses that comply with all supplemental regulations, unless the application is sufficiently protested pursuant to Section D below.

B.

Authorized Administrative Permits. Administrative permits shall be limited to the following:

1.

Short-term rental in the R-1, R-1A, R-1B, R-1C, and R-2 districts.

C.

Initiation. An application for an administrative permit may be proposed by the owner(s), or the authorized representative of the owner(s), of the subject property.

D.

Notice and Right to Protest. Written notice shall be mailed to all owners of record of lands located within 200 feet of the exterior boundary of the property under consideration. Owners of record of such properties shall have the right to file a written protest of the application within 14 days of the date of the notice. If 50% or more of the owners of record file a written protest, the Zoning Administrator shall not grant an administrative permit, and at the election of the applicant, the application may be considered for a Special Use pursuant to the provisions of Section 1101 of these regulations.

E.

Standards. The Zoning Administrator may grant an administrative permit based upon specific written findings of fact made after consideration of the request and any comments and/or evidence presented in light of relevant factors, including but not limited to the extent to which the proposed use would:

1.

Adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonably expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses, and proposed land uses in the area;

2.

Create more adverse impacts on existing uses in surrounding areas than might reasonably result from development of the site in strict compliance with applicable standards;

3.

Not be compatible with existing or permitted uses surrounding areas in terms of building height, setbacks and open spaces, bulk and scale, landscaping, parking or circulation features; or

4.

Be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

F.

Conditions. In granting an administrative permit, the Zoning Administrator may attach such conditions upon the property and/or the applicant benefited by the administrative permit deemed necessary to address issues raised during the application process. The administrative permit is subject to ongoing compliance with these conditions and shall lapse and become ineffective if such conditions are not continually complied with. Such conditions may include, but not be limited to, length and time of operation and ownership limitations; screening, landscaping and fencing; provision of utilities, drainage, sidewalks and other public improvements; additional access or access control; off-street parking and loading requirements; and platting, dedications and/or guarantees. Covenants which run with the land or the property to guarantee that conditions will be carried out at a future date may be required to be filed with the Sedgwick County Register of Deeds.

G.

Applicant Appeal. The applicant may appeal the decision of the Zoning Administrator if the application is not approved or is approved subject to conditions that are unacceptable to the applicant by filing an application for a Special Use pursuant to the provisions of Section 1101 of these regulations. An appeal of unacceptable conditions of approval must be filed within 14 days of the decision of the Zoning Administrator.

H.

Decisions and Records. The Zoning Administrator shall render and issue a written decision to the applicant in the form of an administrative permit to be filed with the Sedgwick County Register of Deeds Office or a written denial of the requested administrative permit containing specific findings of fact to be filed with the application.

I.

Period of Validity. An administrative permit issued pursuant to these regulations shall lapse and become ineffective if the administrative permit is not commenced upon the property within 180 days and/or continuously maintained on the property thereafter; provided, that the Zoning Administrator may grant additional extensions not exceeding 180 days each, upon written application. Failure to annually register a business permitted by administrative permit is de facto evidence that the use of the property has not been continuously maintained and that the administrative permitted has lapsed and is no longer in effect.

J.

Supplemental Regulations. All administrative permits shall comply with the applicable supplemental regulations. Modification or waiver of the supplemental regulations requires application for a Special Use pursuant to the provisions of Section 1101 of these regulations.

1.

Short-Term Rental.

a.

Permitted only within a dwelling unit permitted by these regulations.

b.

Not permitted within a recreational vehicle or accessory structure, unless the accessory structure is permitted for a dwelling unit by these regulations.

c.

The maximum overnight occupancy is limited to a maximum of two adults per bedroom, excluding studio or efficiency units, plus an additional two adults for each unit. For the purposes of this subsection, an adult is any person over 12 years of age.

d.

Gatherings of persons in excess of the maximum overnight occupancy prescribed by subsection "c" above, shall not exceed two times the maximum overnight occupancy or 20 adults total, whichever is less.

e.

On-site parking shall be provided at a rate of one (1) space per four (4) permitted occupants or portion thereof, or two spaces, whichever is greater.

f.

Must be registered as a business in accordance with the requirements of Chapter 5.04 of the Derby Municipal Code and clearly display a copy of the current business registration within the unit.

g.

Clearly display inside each unit a copy of the current "Good Neighbor Agreement." The Good Neighbor Agreement will be provided by the City to inform the guests of an emergency contact for the unit, the maximum overnight occupancy, maximum gathering occupancy, parking requirements and to explain that guests are required to comply with all relevant City ordinances and state statutes.

h.

Maintain liability insurance coverage for each unit in the minimum amount of $250,000 per unit to insure against damages to guest(s) caused by the owner or responsible party, and to insure against damages caused by guest(s) or the owner when such damages are incurred by other persons including, but not limited to, neighbors or invited guests. Liability insurance provided by a third party, such as an online booking platform, is acceptable proof of the required liability insurance.

i.

Provide a responsible party to be available 24-hours a day, 7 days a week to respond to complaints regarding the operation or occupancy of the unit. The responsible party shall be available to come to the premises, if required, within 30 minutes to resolve any complaint.

j.

Prior to occupancy of the unit, the unit must pass an inspection determining that it complies with all supplemental regulations, conditions of approval, and other applicable regulations and restrictions.

(Ord. No. 2555, § 1.45, 5-14-24)