Overland Park City Zoning Code

18.270 C-2

General Business District and CP-2 Planned General Business District

18.270.010 Statement of Intent

The zoning of property as C-2, General Business District or CP-2, Planned General Business District, is intended to provide for all but the harshest commercial uses. Outside storage and display of merchandise is permitted in this district.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.270.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses, subject to the development and performance standards set forth in 18.270.050:

A.
Any use permitted in District C-1 subject to the applicable development and performance standards in 18.260.050, except for those differences set forth in 18.270.050.
B.
Retail sale of goods and services including or similar to the following, but excluding any use specifically listed in District C-3:
Motorcycles;
Building supplies;
Communication & specialty electronics;
Delivery services;
Department stores;
Gasoline and other motor vehicle fuels;
Glass;
Medical equipment;
Newspaper publishing and printing;
Office equipment;
Theaters, movie and stage.
C.
Retail or wholesale sales of new passenger cars, including used car lots accessory and subordinate thereto, and recreational vehicles where sold in conjunction with new passenger cars.
D.
Rental or leasing of new and used passenger cars.
E.
Rental or leasing of furniture and home furnishings.
F.
Passenger car repair in connection with new passenger car sales, and automotive services limited to glass installation and replacement, brake and muffler repairs, window tinting, radio and stereo installation, tire and battery stores, and tune-up, quick lube and auto diagnostic centers.
G.
Tunnel car washes and single-bay automatic car washes operated in conjunction with a gas station.
H.
Services such as pest control, custom maintenance and small equipment repair.
I.
Classrooms and training facilities for business and trade schools.
J.
Entertainment or recreational uses including or similar to the following, but excluding any other use specifically requiring a special use permit: bowling alleys; pool or billiard parlors; skating rinks; indoor tennis and racquet courts; or indoor miniature golf.
K.
Plumbing and electrical supplies and services.
L.
Accessory uses as provided in 18.390.

(History: Ord. ZRR-3355 §9, 2022; Ord. ZRR-2176 §1, 99; ZRR-1725; ZRR-1637; ZRR-1429 §4; ZRR-1257 §1; ZRR-889 §18.26; ZRR-772; ZRR-412-22; ZRR-412 §15)

Effective on: 1/1/1901

18.270.030 Height and Area Regulations

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-2, the height of buildings or structures shall not exceed 40 feet.
2. 2.
  In District CP-2, there is no height limit.
B.
Minimum front yard -- 10 feet.
C.
Side yards:
1. 1.
  No side yard is required except that where a side lot line abuts the side lot line of residentially zoned property, or property zoned C-O or CP-O, a side yard shall be provided which is at least equal to the minimum side yard required in the district which the property abuts, plus one foot for every 6 feet of building height over 30 feet or portion thereof.
2. 2.
  On the street side of a corner lot, a 10 foot side yard shall be provided.
D.
Rear yards - no rear yard is required except that where a rear lot line abuts residentially zoned property, or property zoned C-O or CP-O, a rear yard shall be provided of not less than 10 feet, plus one foot for every 6 feet of building height over 30 feet or portion thereof.

(History: Ord. ZRR-2848 §22, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §26, 2023; Ord. ZRR-2848 §23, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
2.
Outdoor lighting - See 18.435.
3.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

Retail sales of goods and services - Merchandise which may be appropriately displayed or stored outside a building shall be kept off the public sidewalks and streets, shall not reduce the capacity of a parking lot below that required by this title, and shall not occupy an area outside the building that is greater than 20% of the ground floor area of the building.

Drive-in, Drive-thru and Walk-up service

1.
Drive-in, drive-thru or walk-up service may be permitted as part of the final development plan approval in District CP-2. The location and design of any drive-in, drive-thru or walk-up facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-thru facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects.
1. a.
  No order box, order window, payment window, pickup window, drive-in service stall, or similar point of interaction for the drive-in or drive-thru facility shall be located within 200 feet of any residentially zoned property. Provided, however, that the distance restriction above may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned land is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider, but not be limited to, the following factors:
  1. 1.
    The likelihood that the residentially zoned property will be developed for a residential use or will continue to be utilized for a residential use in the foreseeable future.
  2. 2.
    The degree to which the current or anticipated use of the residentially zoned property is likely to be sensitive to or affected by the noise, headlight glare, exhaust fumes and litter that may result from the operation of the drive-in or drive-thru facility.
  3. 3.
    The degree to which the property containing the drive-in or drive-thru facility also contains or is proposed to contain landscaping, fencing, berming, and/or other buffering techniques to lessen the impact of the drive-in or drive-thru on the residentially zoned property.
  4. 4.
    The degree to which the residentially zoned property has a site configuration, a building design or other physical features which would lessen the impact of the drive-in or drive-thru facility on the residentially zoned property.
2. b.
  Adequate passenger car stacking space shall be provided from the order box or order window to ensure that public right-of-way or common driveway easements will not be blocked due to the drive-in or drive-thru facility. The amount of stacking space is to be determined as part of the preliminary development plan and after consultation with the Traffic Engineer of the City.

Curbside service - see 18.260.050.

Outdoor food service areas - see 18.260.050.

Outdoor seating areas - see 18.260.050.

Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages - - see 18.260.050.

Retail Sales of Alcoholic liquor or cereal malt beverage - see 18.260.050.

Outdoor Kennels - Outdoor kennels or runs are not permitted in conjunction with veterinary clinics.

Car washes - Tunnel car washes designed to clean a moving vehicle using paid employees or automated equipment inside a fully enclosed building shall be permitted only in the CP-2 district, subject to the following development and performance standards:

1.
The tunnel car wash shall be on the same property as and integrally designed with a gas station.
2.
The entrance and exit of the tunnel car wash shall be a minimum of 200 feet from any residentially zoned property. Provided, however, that the distance restriction may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned property is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider the same factors referenced in 18.270.050 A1.
3.
Adequate stacking of vehicles at the entrance to the tunnel car wash is provided so that all stacking occurs within the site boundaries without negatively impacting internal site circulation and does not occur on public streets or access drives. The Planning Commission and Governing Body shall determine the amount of vehicle stacking required at the time of preliminary development plan approval after consultation with the City Traffic Engineer.
4.
If full-service drying of vehicles (i.e. vehicles are dried by employees of the car wash) is provided as a separate process outside the building, adequate stacking shall be provided as indicated in subsection 2 above.
5.
Adequate information shall be provided which indicates that the tunnel car wash will not exceed the decibel levels outlined in the Code and will not have a negative impact on surrounding properties.
6.
No outside vacuums shall be permitted.

Car Rental or Lease Offices - Offices for the rental or leasing of new and used passenger cars may be permitted only after final development plans or site plans have been approved by the Planning Commission with the following standards applying:

1.
The servicing of the passenger cars shall occur inside a building with the servicing limited to washing, cleaning, oil and tire changing.
2.
The number of vehicles to be kept on the site at any one time shall be determined by the size and location of the site and its relationship to surrounding property. The passenger cars shall be parked in an orderly manner on the site as depicted on the approved plan.
3.
No advertising shall be permitted on the passenger cars.

Car Sales

1.
Automobiles and trucks for sale may be stored or displayed outside a building, but not within 15 feet of a street right-of-way, nor within six feet of a side or rear lot line.

In addition to the other applicable provisions of the Code, any newly constructed new car dealership south of Interstate 435 shall only be allowed in a planned zoning district, and shall comply with all of the standards listed in the Section. The perimeter of such new car dealership use shall be clearly defined on the preliminary development plan.

All structures and parking lots associated with such new-car dealership shall meet the following setback and separation requirements based on the Comprehensive Plan designation of the adjacent property:

SEPARATION
Single-Family Residential	250 feet
Multi-Family Residential or Office	100 feet
SET-BACKS FROM:
Public R-O-W	30 feet
Commercial property lines	N/A
Perimeter of defined new car dealership use, excluding R-O-W	75 feet
Adjacent Residential property lines	See Separation Requirements
Adjacent Auto Dealer Use	15 feet
Private Drive	15 feet

b.
No required setback area shall be used for vehicle display. Vehicle display areas shall be identified on the preliminary and final plan. A single elevated vehicle platform shall be permitted for each dealership if it is constructed of landscape materials or building materials consistent with the construction of the building. The maximum allowable height shall be six feet. In no event shall vehicle display areas or platforms rotate or move in any manner.
c.
The preliminary and final plan shall identify areas for vehicle loading and unloading. In the case of three or more new car dealerships in a unified development, a common area for vehicle loading and unloading may be identified.
d.
The site plan shall designate parking spaces for employees, customers and for cars being serviced on-site. Such parking shall be provided at the ratio of four spaces per 1,000 square feet of building area and shall be landscaped according to 18.450.070.
e.
Service areas shall be located internally and garage doors shall be oriented so they do not face any area designated on the Comprehensive Plan for residential uses unless screened by a solid masonry wall.
f.
The use of loud speakers or other exterior amplification devices shall be prohibited.
g.
Landscaping shall be provided at the rate of four trees per 1,000 square feet of landscaped open space, excluding setbacks along any street frontage. For street frontages, one tree for every 40 feet of public or private street frontage shall be provided. A screening fence shall be provided as required by 18.450.100D. The location and design of all security fences, bollards, gates, etc., for individual dealerships are subject to review and approval at the time of final plan approval.
h.
Flagpoles shall be limited to a maximum height of 30 feet as measured from grade.

(History: Ord. No. ZRR-3447 §17, 2024; Ord. ZRR-3416 §19, 2023; Ord. ZRR-3355 §10, 2022; Ord. ZRR-3072 §2, 2015; ZRR-2285 §11, 2001; ZRR-2160 §1, 99; ZRR-2176 §2, 99; ZRR-1956 §1,95; ZRR-1725; ZRR-1637; ZRR-1528; ZRR-1429 §5; ZRR-1257 §2; ZRR-1148 §4; ZRR-1109; ZRR-889 §18.26; ZRR-813; ZRR-412-27; ZRR-412-26; ZRR-412 §5)

Effective on: 1/1/1901

Overland Park City Zoning Code

18.270 C-2

General Business District and CP-2 Planned General Business District

18.270.010 Statement of Intent

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.270.020 Permitted Uses

A.
Any use permitted in District C-1 subject to the applicable development and performance standards in 18.260.050, except for those differences set forth in 18.270.050.
B.
Retail sale of goods and services including or similar to the following, but excluding any use specifically listed in District C-3:
Motorcycles;
Building supplies;
Communication & specialty electronics;
Delivery services;
Department stores;
Gasoline and other motor vehicle fuels;
Glass;
Medical equipment;
Newspaper publishing and printing;
Office equipment;
Theaters, movie and stage.
C.
Retail or wholesale sales of new passenger cars, including used car lots accessory and subordinate thereto, and recreational vehicles where sold in conjunction with new passenger cars.
D.
Rental or leasing of new and used passenger cars.
E.
Rental or leasing of furniture and home furnishings.
F.
Passenger car repair in connection with new passenger car sales, and automotive services limited to glass installation and replacement, brake and muffler repairs, window tinting, radio and stereo installation, tire and battery stores, and tune-up, quick lube and auto diagnostic centers.
G.
Tunnel car washes and single-bay automatic car washes operated in conjunction with a gas station.
H.
Services such as pest control, custom maintenance and small equipment repair.
I.
Classrooms and training facilities for business and trade schools.
J.
Entertainment or recreational uses including or similar to the following, but excluding any other use specifically requiring a special use permit: bowling alleys; pool or billiard parlors; skating rinks; indoor tennis and racquet courts; or indoor miniature golf.
K.
Plumbing and electrical supplies and services.
L.
Accessory uses as provided in 18.390.

(History: Ord. ZRR-3355 §9, 2022; Ord. ZRR-2176 §1, 99; ZRR-1725; ZRR-1637; ZRR-1429 §4; ZRR-1257 §1; ZRR-889 §18.26; ZRR-772; ZRR-412-22; ZRR-412 §15)

Effective on: 1/1/1901

18.270.030 Height and Area Regulations

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-2, the height of buildings or structures shall not exceed 40 feet.
2. 2.
  In District CP-2, there is no height limit.
B.
Minimum front yard -- 10 feet.
C.
Side yards:
1. 1.
  No side yard is required except that where a side lot line abuts the side lot line of residentially zoned property, or property zoned C-O or CP-O, a side yard shall be provided which is at least equal to the minimum side yard required in the district which the property abuts, plus one foot for every 6 feet of building height over 30 feet or portion thereof.
2. 2.
  On the street side of a corner lot, a 10 foot side yard shall be provided.
D.
Rear yards - no rear yard is required except that where a rear lot line abuts residentially zoned property, or property zoned C-O or CP-O, a rear yard shall be provided of not less than 10 feet, plus one foot for every 6 feet of building height over 30 feet or portion thereof.

(History: Ord. ZRR-2848 §22, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §26, 2023; Ord. ZRR-2848 §23, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
2.
Outdoor lighting - See 18.435.
3.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

Drive-in, Drive-thru and Walk-up service

1.
Drive-in, drive-thru or walk-up service may be permitted as part of the final development plan approval in District CP-2. The location and design of any drive-in, drive-thru or walk-up facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-thru facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects.
1. a.
  No order box, order window, payment window, pickup window, drive-in service stall, or similar point of interaction for the drive-in or drive-thru facility shall be located within 200 feet of any residentially zoned property. Provided, however, that the distance restriction above may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned land is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider, but not be limited to, the following factors:
  1. 1.
    The likelihood that the residentially zoned property will be developed for a residential use or will continue to be utilized for a residential use in the foreseeable future.
  2. 2.
    The degree to which the current or anticipated use of the residentially zoned property is likely to be sensitive to or affected by the noise, headlight glare, exhaust fumes and litter that may result from the operation of the drive-in or drive-thru facility.
  3. 3.
    The degree to which the property containing the drive-in or drive-thru facility also contains or is proposed to contain landscaping, fencing, berming, and/or other buffering techniques to lessen the impact of the drive-in or drive-thru on the residentially zoned property.
  4. 4.
    The degree to which the residentially zoned property has a site configuration, a building design or other physical features which would lessen the impact of the drive-in or drive-thru facility on the residentially zoned property.
2. b.
  Adequate passenger car stacking space shall be provided from the order box or order window to ensure that public right-of-way or common driveway easements will not be blocked due to the drive-in or drive-thru facility. The amount of stacking space is to be determined as part of the preliminary development plan and after consultation with the Traffic Engineer of the City.

Curbside service - see 18.260.050.

Outdoor food service areas - see 18.260.050.

Outdoor seating areas - see 18.260.050.

Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages - - see 18.260.050.

Retail Sales of Alcoholic liquor or cereal malt beverage - see 18.260.050.

Outdoor Kennels - Outdoor kennels or runs are not permitted in conjunction with veterinary clinics.

1.
The tunnel car wash shall be on the same property as and integrally designed with a gas station.
2.
The entrance and exit of the tunnel car wash shall be a minimum of 200 feet from any residentially zoned property. Provided, however, that the distance restriction may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned property is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider the same factors referenced in 18.270.050 A1.
3.
Adequate stacking of vehicles at the entrance to the tunnel car wash is provided so that all stacking occurs within the site boundaries without negatively impacting internal site circulation and does not occur on public streets or access drives. The Planning Commission and Governing Body shall determine the amount of vehicle stacking required at the time of preliminary development plan approval after consultation with the City Traffic Engineer.
4.
If full-service drying of vehicles (i.e. vehicles are dried by employees of the car wash) is provided as a separate process outside the building, adequate stacking shall be provided as indicated in subsection 2 above.
5.
Adequate information shall be provided which indicates that the tunnel car wash will not exceed the decibel levels outlined in the Code and will not have a negative impact on surrounding properties.
6.
No outside vacuums shall be permitted.

1.
The servicing of the passenger cars shall occur inside a building with the servicing limited to washing, cleaning, oil and tire changing.
2.
The number of vehicles to be kept on the site at any one time shall be determined by the size and location of the site and its relationship to surrounding property. The passenger cars shall be parked in an orderly manner on the site as depicted on the approved plan.
3.
No advertising shall be permitted on the passenger cars.

Car Sales

1.
Automobiles and trucks for sale may be stored or displayed outside a building, but not within 15 feet of a street right-of-way, nor within six feet of a side or rear lot line.

SEPARATION
Single-Family Residential	250 feet
Multi-Family Residential or Office	100 feet
SET-BACKS FROM:
Public R-O-W	30 feet
Commercial property lines	N/A
Perimeter of defined new car dealership use, excluding R-O-W	75 feet
Adjacent Residential property lines	See Separation Requirements
Adjacent Auto Dealer Use	15 feet
Private Drive	15 feet

b.
No required setback area shall be used for vehicle display. Vehicle display areas shall be identified on the preliminary and final plan. A single elevated vehicle platform shall be permitted for each dealership if it is constructed of landscape materials or building materials consistent with the construction of the building. The maximum allowable height shall be six feet. In no event shall vehicle display areas or platforms rotate or move in any manner.
c.
The preliminary and final plan shall identify areas for vehicle loading and unloading. In the case of three or more new car dealerships in a unified development, a common area for vehicle loading and unloading may be identified.
d.
The site plan shall designate parking spaces for employees, customers and for cars being serviced on-site. Such parking shall be provided at the ratio of four spaces per 1,000 square feet of building area and shall be landscaped according to 18.450.070.
e.
Service areas shall be located internally and garage doors shall be oriented so they do not face any area designated on the Comprehensive Plan for residential uses unless screened by a solid masonry wall.
f.
The use of loud speakers or other exterior amplification devices shall be prohibited.
g.
Landscaping shall be provided at the rate of four trees per 1,000 square feet of landscaped open space, excluding setbacks along any street frontage. For street frontages, one tree for every 40 feet of public or private street frontage shall be provided. A screening fence shall be provided as required by 18.450.100D. The location and design of all security fences, bollards, gates, etc., for individual dealerships are subject to review and approval at the time of final plan approval.
h.
Flagpoles shall be limited to a maximum height of 30 feet as measured from grade.

Effective on: 1/1/1901

Overland Park City Zoning Code

18.270 C-2

General Business District and CP-2 Planned General Business District

18.270.010 Statement of Intent

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.270.020 Permitted Uses

A.
Any use permitted in District C-1 subject to the applicable development and performance standards in 18.260.050, except for those differences set forth in 18.270.050.
B.
Retail sale of goods and services including or similar to the following, but excluding any use specifically listed in District C-3:
Motorcycles;
Building supplies;
Communication & specialty electronics;
Delivery services;
Department stores;
Gasoline and other motor vehicle fuels;
Glass;
Medical equipment;
Newspaper publishing and printing;
Office equipment;
Theaters, movie and stage.
C.
Retail or wholesale sales of new passenger cars, including used car lots accessory and subordinate thereto, and recreational vehicles where sold in conjunction with new passenger cars.
D.
Rental or leasing of new and used passenger cars.
E.
Rental or leasing of furniture and home furnishings.
F.
Passenger car repair in connection with new passenger car sales, and automotive services limited to glass installation and replacement, brake and muffler repairs, window tinting, radio and stereo installation, tire and battery stores, and tune-up, quick lube and auto diagnostic centers.
G.
Tunnel car washes and single-bay automatic car washes operated in conjunction with a gas station.
H.
Services such as pest control, custom maintenance and small equipment repair.
I.
Classrooms and training facilities for business and trade schools.
J.
Entertainment or recreational uses including or similar to the following, but excluding any other use specifically requiring a special use permit: bowling alleys; pool or billiard parlors; skating rinks; indoor tennis and racquet courts; or indoor miniature golf.
K.
Plumbing and electrical supplies and services.
L.
Accessory uses as provided in 18.390.

(History: Ord. ZRR-3355 §9, 2022; Ord. ZRR-2176 §1, 99; ZRR-1725; ZRR-1637; ZRR-1429 §4; ZRR-1257 §1; ZRR-889 §18.26; ZRR-772; ZRR-412-22; ZRR-412 §15)

Effective on: 1/1/1901

18.270.030 Height and Area Regulations

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-2, the height of buildings or structures shall not exceed 40 feet.
2. 2.
  In District CP-2, there is no height limit.
B.
Minimum front yard -- 10 feet.
C.
Side yards:
1. 1.
  No side yard is required except that where a side lot line abuts the side lot line of residentially zoned property, or property zoned C-O or CP-O, a side yard shall be provided which is at least equal to the minimum side yard required in the district which the property abuts, plus one foot for every 6 feet of building height over 30 feet or portion thereof.
2. 2.
  On the street side of a corner lot, a 10 foot side yard shall be provided.
D.
Rear yards - no rear yard is required except that where a rear lot line abuts residentially zoned property, or property zoned C-O or CP-O, a rear yard shall be provided of not less than 10 feet, plus one foot for every 6 feet of building height over 30 feet or portion thereof.

(History: Ord. ZRR-2848 §22, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §26, 2023; Ord. ZRR-2848 §23, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-889 §18.26)

Effective on: 1/1/1901

18.270.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
2.
Outdoor lighting - See 18.435.
3.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

Drive-in, Drive-thru and Walk-up service

1.
Drive-in, drive-thru or walk-up service may be permitted as part of the final development plan approval in District CP-2. The location and design of any drive-in, drive-thru or walk-up facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-thru facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects.
1. a.
  No order box, order window, payment window, pickup window, drive-in service stall, or similar point of interaction for the drive-in or drive-thru facility shall be located within 200 feet of any residentially zoned property. Provided, however, that the distance restriction above may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned land is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider, but not be limited to, the following factors:
  1. 1.
    The likelihood that the residentially zoned property will be developed for a residential use or will continue to be utilized for a residential use in the foreseeable future.
  2. 2.
    The degree to which the current or anticipated use of the residentially zoned property is likely to be sensitive to or affected by the noise, headlight glare, exhaust fumes and litter that may result from the operation of the drive-in or drive-thru facility.
  3. 3.
    The degree to which the property containing the drive-in or drive-thru facility also contains or is proposed to contain landscaping, fencing, berming, and/or other buffering techniques to lessen the impact of the drive-in or drive-thru on the residentially zoned property.
  4. 4.
    The degree to which the residentially zoned property has a site configuration, a building design or other physical features which would lessen the impact of the drive-in or drive-thru facility on the residentially zoned property.
2. b.
  Adequate passenger car stacking space shall be provided from the order box or order window to ensure that public right-of-way or common driveway easements will not be blocked due to the drive-in or drive-thru facility. The amount of stacking space is to be determined as part of the preliminary development plan and after consultation with the Traffic Engineer of the City.

Curbside service - see 18.260.050.

Outdoor food service areas - see 18.260.050.

Outdoor seating areas - see 18.260.050.

Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages - - see 18.260.050.

Retail Sales of Alcoholic liquor or cereal malt beverage - see 18.260.050.

Outdoor Kennels - Outdoor kennels or runs are not permitted in conjunction with veterinary clinics.

1.
The tunnel car wash shall be on the same property as and integrally designed with a gas station.
2.
The entrance and exit of the tunnel car wash shall be a minimum of 200 feet from any residentially zoned property. Provided, however, that the distance restriction may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned property is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider the same factors referenced in 18.270.050 A1.
3.
Adequate stacking of vehicles at the entrance to the tunnel car wash is provided so that all stacking occurs within the site boundaries without negatively impacting internal site circulation and does not occur on public streets or access drives. The Planning Commission and Governing Body shall determine the amount of vehicle stacking required at the time of preliminary development plan approval after consultation with the City Traffic Engineer.
4.
If full-service drying of vehicles (i.e. vehicles are dried by employees of the car wash) is provided as a separate process outside the building, adequate stacking shall be provided as indicated in subsection 2 above.
5.
Adequate information shall be provided which indicates that the tunnel car wash will not exceed the decibel levels outlined in the Code and will not have a negative impact on surrounding properties.
6.
No outside vacuums shall be permitted.

1.
The servicing of the passenger cars shall occur inside a building with the servicing limited to washing, cleaning, oil and tire changing.
2.
The number of vehicles to be kept on the site at any one time shall be determined by the size and location of the site and its relationship to surrounding property. The passenger cars shall be parked in an orderly manner on the site as depicted on the approved plan.
3.
No advertising shall be permitted on the passenger cars.

Car Sales

1.
Automobiles and trucks for sale may be stored or displayed outside a building, but not within 15 feet of a street right-of-way, nor within six feet of a side or rear lot line.

SEPARATION
Single-Family Residential	250 feet
Multi-Family Residential or Office	100 feet
SET-BACKS FROM:
Public R-O-W	30 feet
Commercial property lines	N/A
Perimeter of defined new car dealership use, excluding R-O-W	75 feet
Adjacent Residential property lines	See Separation Requirements
Adjacent Auto Dealer Use	15 feet
Private Drive	15 feet

b.
No required setback area shall be used for vehicle display. Vehicle display areas shall be identified on the preliminary and final plan. A single elevated vehicle platform shall be permitted for each dealership if it is constructed of landscape materials or building materials consistent with the construction of the building. The maximum allowable height shall be six feet. In no event shall vehicle display areas or platforms rotate or move in any manner.
c.
The preliminary and final plan shall identify areas for vehicle loading and unloading. In the case of three or more new car dealerships in a unified development, a common area for vehicle loading and unloading may be identified.
d.
The site plan shall designate parking spaces for employees, customers and for cars being serviced on-site. Such parking shall be provided at the ratio of four spaces per 1,000 square feet of building area and shall be landscaped according to 18.450.070.
e.
Service areas shall be located internally and garage doors shall be oriented so they do not face any area designated on the Comprehensive Plan for residential uses unless screened by a solid masonry wall.
f.
The use of loud speakers or other exterior amplification devices shall be prohibited.
g.
Landscaping shall be provided at the rate of four trees per 1,000 square feet of landscaped open space, excluding setbacks along any street frontage. For street frontages, one tree for every 40 feet of public or private street frontage shall be provided. A screening fence shall be provided as required by 18.450.100D. The location and design of all security fences, bollards, gates, etc., for individual dealerships are subject to review and approval at the time of final plan approval.
h.
Flagpoles shall be limited to a maximum height of 30 feet as measured from grade.

Effective on: 1/1/1901