a.

Purpose. The purpose of the LC Limited Commercial District is to accommodate retail, commercial, office and other complementary land uses. The LC District is generally compatible with the "Local Commercial" or Regional Commercial" designations of the Wichita-Sedgwick County Comprehensive Plan. It is intended for application primarily within the City of Wichita, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as "Wichita 2030 Urban Growth Area."

b.

Permitted Uses. The following uses shall be permitted by-right in the LC District.

(1)

Residential Uses

Single-Family

Duplex

Multi-Family

Manufactured Home (only in the County and subject to Sec. III-D.6.l)

Accessory Apartment, subject to Sec. III-D.6.a

Assisted Living

Group Home

Group Residence, Limited and General

Short Term Rental in the City, subject to Sec. III-D.6.qq

(2)

Public and Civic Uses

Cemetery

Church or Place of Worship

Community Assembly

Correctional Placement Residence, Limited and General, subject to Sec. III-D.6.h

Day Care, Limited and General, subject to Sec. III-D.6.i

Golf Course

Government Service

Hospital

Library

Nursing Facility

Parks and Recreation

Recycling Collection Station, Private, subject to Sec. III-D.6.q

Recycling Collection Station, Public, subject to Sec. III-D.6.r

Reverse Vending Machine, subject to Sec. III-D.6.u

Safety Service

School, Elementary, Middle and High

University or College

Utility, minor

(3)

Commercial Uses

Animal Care, Limited

Automated Teller Machine

Bank or Financial Institution

Bed and Breakfast Inn

Broadcast/Recording Studio

Car Wash, subject to Sec. III-D.6.f

Construction Sales and Service, subject to Sec. III-D.6.bb

Convenience Store

Entertainment Establishment in the City, subject to Sec. III-D.6.w

Event Center in the City, subject to Sec. III-D.6.w

Event Center in the County

Farmer's Market in the City, subject to Sec. III-D.6.jj

Farmer's Market in the County

Funeral Home

Hotel or Motel

Marine Facility, Recreational

Medical Service

Nightclub in the City, subject to Sec. III-D.6.w

Nightclub in the County, subject to Sec. III-D.6.ff

Nursery and Garden Center, subject to Sec. III-D.6.z

Office, General

Parking Area, Commercial, subject to Sec III-D.6.cc

Pawnshop

Personal Care Service

Personal Improvement Service

Post Office Substation

Printing and Copying, Limited

Recreation and Entertainment, Indoor

Restaurant

Retail, General

Secondhand Store

Service Station

Sexually Oriented Business in the County, subject to Sec. III-D.6.ff

Tavern and Drinking Establishment, subject to Sec. III-D.6.w

Teen Club in the City, subject to Sec. III-D.6.w

Vehicle Repair, Limited

Vocational School

Wireless Communication Facility, subject to Sec. III-D.6.g

(4)

Industrial, Manufacturing and Extractive Uses

Asphalt or Concrete Plant, Limited, subject to Sec. III-D.6.d

(5)

Agricultural Uses

Agriculture

Agricultural Research

Agricultural Sales and Service

c.

Conditional Uses. The following Uses shall be permitted in the LC District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)

Residential Uses

None allowed by Conditional Use

(2)

Public and Civic Uses

Neighborhood Swimming Pool, subject to Sec. III-D.6.aa

Utility, Major

(3)

Commercial Uses [Note: See Sec. III-B.14.e] Animal Care, General

Heliport

Kennel, Hobby and Boarding/Breeding/Training, subject to Sec. III-D.6.k

Mobile Food Unit in the City, subject to Sec. III-D.6.oo

Monument Sales

Printing and Publishing, General

Recreation and Entertainment, Outdoor, subject to Sec. III-D.6.o

Recreational Vehicle Campground

Vehicle and Equipment Sales (outdoor), subject to Sec. III-D.6.x

Warehouse, Self-Service Storage, subject to Sec. III-D.6.y

(4)

Industrial, Manufacturing and Extractive Uses

Asphalt or Concrete Plant, General

Manufacturing, Limited, subject to Sec. III-D.6.m

Mining or Quarrying

Oil and Gas Drilling

Rock Crushing

Solid Waste Incinerator, subject to Sec. III-D.6.v

(5)

Agricultural Uses

None allowed by Conditional Use

d.

Property development standards. Each Site in the LC District shall be subject to the following minimum property development standards. Setbacks and heights are for Principal Structures. See Sec. III-D.7.e for Setbacks and heights for Accessory Structures. See also Secs. III-E.2.e(2) and III-E.2.e(3) for Front Setbacks on unplatted tracts or major roadways. Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)

Minimum Lot Area: 2,500 square feet for Single-Family; 2,000 square feet per Dwelling Unit for Duplex; 580 square feet per Dwelling Unit for Multi-Family (maximum 75.1 Dwelling Units per acre); no minimum for nonresidential uses

(2)

Minimum Lot Width: No minimum

(3)

Minimum Front Setback: 20 feet, provided that the minimum required Front Setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)

Minimum Rear Setback: ten feet

(5)

Minimum Interior Side Setback: zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)

Minimum Street Side Setback: ten feet

(7)

Maximum Height: 80 feet, plus two feet of additional height for each foot of Setback beyond the minimum required Setbacks

e.

Special LC District regulations. The following special regulations shall apply to property in the LC District.

(1)

Large projects. Projects in the LC District on Sites of six acres or more shall be subject to the Community Unit Plan (CUP) standards of Sec. III-C.2.

(2)

Outdoor display. Merchandise that is for sale within a Building may be displayed in areas immediately Contiguous to and within ten feet of the Building, subject to the following standards.

(a)

No portion of the display shall be on publicly owned property unless the applicant shall first have obtained appropriate approval for such use from the Governing Body.

(b)

No required off-street Parking Space or Loading Space shall be utilized for display.

(c)

No food or drink shall be displayed outside the Building except in accordance with standards and prior written approval of the Wichita Department of Environmental Services; outdoor service of food and drink accessory to the service of food and drink within a Building is permitted without limitation as to distance from the Building, in accordance with the provisions of Sec. III-D.6.w of this Code and all other applicable standards and licensing requirements.

(d)

These provisions shall in no way be deemed to authorize the outdoor display of Motor Vehicles, rental trailers, rental equipment, used furniture, used appliances, used plumbing, used housewares, used building materials or similar items, except as such may otherwise be authorized under an appropriate section of the Code.

(e)

Christmas tree and associated sales may be conducted on property zoned LC even though no Building shall exist.

(3)

Outdoor storage. Storage of merchandise available for sale shall be allowed outside of an enclosed Building in the LC District only as an Accessory Use and only in compliance with the following standards.

(a)

Screening Fence or Screening Wall enclosure. The area used for Outdoor Storage shall be enclosed by a Fence or Screening Wall not less than six feet in height nor less than the height of the merchandise to be screened except for Outdoor Storage within a Portable Storage Container when subject to the special provisions contained herein. The Fence or Screening Wall shall be comprised of material capable of Screening the merchandise from view. One opening, not exceeding ten feet in width, may be left open during business hours, but must be gated and capable of Screening merchandise from view when closed. When the material of the enclosure is not of the same general material as the Main Building, Screening as required by Sec. IV-B.3 and Landscaping as approved by the Zoning Administrator shall be provided and maintained outside the enclosure. For Outdoor Storage areas within a CUP, the Fence or Screening Wall provisions may be modified provided that a design plan is submitted with the CUP application and such plan is deemed by the Planning Commission to provide an acceptable environment for the surrounding area based on the physical characteristics of the property, distances from Adjacent properties and public Streets, and the type of merchandise to be stored.

(b)

Size of storage area. The enclosure around the storage area shall be attached to the Main Building, and the area within such enclosure shall not exceed ten percent of the floor area occupied by the Principal Use within the Building. Such enclosure shall comply with the same Setback as is required for the Main Building. The area within the enclosure shall be calculated as Floor Area in determining the number of required off-street Parking Spaces. Outdoor Storage of between ten percent and 20 percent may be allowed upon application and approval of a Conditional Use processed in accordance with Sec. V-D of these regulations.

(c)

Conflicting provisions. The provisions of this section shall not be deemed to prevent the display of merchandise required in the servicing of Vehicles when located on service islands at Service Stations, nor shall it supersede any of special conditions of approval imposed on development projects, plans or permits.

(d)

Exemptions. These Outdoor Storage requirements shall not apply to holiday tree sales and associated temporary activities.

(e)

Placement of Portable Storage Containers in LC. On any Zoning Lot located in the LC District, one or more Portable Storage Containers may be permitted as accessory storage to the Principal Use(s) provided the following conditions are met:

1)

The Floor Area contained in the Portable Storage Container shall be limited to no more than ten percent of the Floor Area of the Principal Use and be considered part of the total Outdoor Storage allowed on any Site, except that for Main Buildings with less than 3,200 square feet in size, the Portable Storage Container may be up to 320 square feet in size. In Buildings with multiple tenants, no single user shall be permitted more than ten percent of the Floor Area of its Use.

2)

Portable Storage Containers shall be located at least five feet behind the wall line of the Main Building and be subject to Screening provisions specified herein.

3)

Portable Storage Containers shall be required to meet Side and Rear Setback requirements for Buildings, shall be separated by no more than ten feet from the Main Building, except when screened in accordance with the Screening standards of Article IV-B.3, or when screened from view of a residential zoning district, residential use or arterial Street by Landscaping, berms, or by other nonresidential buildings; and shall be located at least 20 feet from any Contiguous property zoned TF-3 or more restrictive.

4)

Required Screening may consist of the wall(s) of the Portable Storage Container if the Container has no openings or Signs facing a public Street or Adjacent property in a residential zoning district and if the wall(s) match the predominant material and colors of the existing Structure or are an earth tone color that complements and appears inconspicuous against the color of the Main Building, or other screening materials as permitted in the Code per Sec. IV-B.3.

5)

Signage on Portable Storage Containers shall be limited to one Sign per Container, not exceeding two square feet. The signage shall not be visible from any Abutting street or any Adjacent property in a residential zoning district.

6)

Vertical stacking of Portable Storage Containers and stacking of any other materials or merchandise on top of any Portable Storage Container shall be prohibited. No running gear shall be left underneath any Portable Storage Container.

7)

No Portable Storage Container shall be placed or located on a required Parking Space, circulation aisle/lane, or fire access lane.

Exception: Portable Storage Containers temporarily placed on Zoning Lots during a period of ongoing construction on the same Zoning Lot are exempted from the above requirements.

(4)

Outdoor business promotions and/or sales. The Zoning Administrator may authorize outdoor business promotions and/or sales in the LC District within the City to be operated by vendors not permanently located on the subject LC tract, for a duration of no more than 48 hours and for no more than one two-day period per calendar month, provided a license is obtained as may be required by Section 3.04.010 of the Code of the City of Wichita. For onsite businesses in the LC District within the City, the Zoning Administrator may authorize outdoor business promotions and/or sales for a duration of no more than 48 hours and for no more than one two-day period per calendar month, provided written notification of intent to conduct such a promotion or sale is given to the Zoning Administrator prior to the event.

The Zoning Administrator may grant permission for more than 48 consecutive hours provided the two-day limit per calendar month is maintained. All outdoor promotions and/or sales in the LC District shall be subject to the following restrictions and limitations:

(a)

No food or drink shall be dispensed as a part of such promotional and/or sales activity unless in accordance with all rules and regulations and prior written approval of the Wichita Department of Environmental Services.

(b)

No admission fee shall be charged for entrance to, or participation in, any part of the promotional and/or sales activity.

(c)

Activities of such nature as to be considered a ride device, circus or carnival shall be permitted only when so licensed as such under the provisions of the Code of the City of Wichita.

(d)

The outdoor promotional and/or sales activity shall not occupy any part of the required off-street Parking Space for the Principal Use.

(e)

All electrical connections, erections of temporary Structures, etc., shall be in compliance with the Code of the City of Wichita.

(5)

Environmental performance standards. Uses and activities that are in violation of the Sedgwick County Code or the Code of the City of Wichita or that are out of character with ordinary and customary standards and practices for a Permitted Use to such an extent that the Use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the LC District.