1.

Principal Use Regulations Schedule. The Use Regulations Schedule of this section provides a tabular summary of the Principal land Use types allowed within each zoning District. The schedule is intended for reference and does not necessarily reflect all of the regulations that may apply to particular Uses or Districts. In the event of conflict between the Use Regulations Schedule and the Use regulations found within the individual District sections of this Code, the text of the individual District regulations shall prevail.

2.

Permitted by-right. Uses identified in a particular District column of the Use Regulations Schedule with a "P" are "permitted by-right" and shall be permitted in such District, subject to such supplementary Use regulations as may be indicated in the "conditions" column and all other requirements of this Code.

3.

Conditional Uses. Uses identified in a particular district column of the Use Regulations Schedule with a "C" are "Conditional Uses" and shall be permitted in such district if reviewed and approved by the Planning Commission in accordance with the standards of Sec. V-D (Conditional Use review procedures). Conditional Uses shall be subject to such supplementary Use regulations as may be indicated in the "conditions" column and all other requirements of this Code and as may be determined by the Planning Commission.

4.

Not permitted. Uses not identified in a particular District column of the Use Regulations Schedule as permitted by-right or by Conditional Use are not allowed in such District unless otherwise expressly permitted by other regulations of this Code.

5.

Conditions. A letter in the final "conditions" column of the Use Regulations Schedule refers to supplementary Use regulations applicable to a particular Use in one or more of the districts in which such use is allowed. The referenced regulations appear in Sec. III-D.6 (supplementary use regulations). For example, condition "D.6.g" refers to supplementary use regulations contained in Sec. III-D.6.g.

a.

Accessory Uses. Uses identified in Sec. III-D.1 Use Regulation Schedule are for Principal Uses or Principal Structures, with the exception of Vehicle Storage Yard in RR and Accessory Apartment. Regulations for Accessory Uses and Accessory Structures are contained in Sec. III-D.7.

P = Permitted Use C = Conditional Use C/P = Permitted Use/Conditional Use

6.

Supplementary Use Regulations. No permit shall be issued for any Development or Use of land unless the activity is in compliance with all applicable supplementary use regulations specified in this section, or unless the supplementary use regulations have been modified or waived by the Governing Body pursuant to the Development Review Procedures contained in Article V. The supplementary use regulations of this section are not applicable to Lots in the AFB Air Force Base District. In the case of conflict with zoning District property Development standards or other regulations of this Code, the more restrictive requirement shall apply, unless otherwise specifically provided.

a.

Accessory Apartments. Accessory Apartments shall be subject to the following standards.

(1)

Number of units. A maximum of one Accessory Apartment may be allowed on the same Lot as a Single-Family Dwelling Unit and may be within the Main Building, within an accessory Building or constructed as an accessory Building.

(2)

Appearance. The appearance of an Accessory Apartment shall be compatible with the main Dwelling Unit and with the character of the neighborhood.

(3)

Ownership. The Accessory Apartment shall remain accessory to and under the same ownership as the principal Single-Family Dwelling Unit, and the ownership shall not be divided or sold as a condominium.

(4)

Utility Service. The water and sewer service provided to the Accessory Structure shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

b.

Agriculture. There shall be no retail or wholesale sales permitted in conjunction with Agriculture Uses in the SF-10 District through the NR District, except on Sites of at least ten acres in size, unless a Conditional Use permit has been approved in accordance with Sec. V-D.

c.

Animal Care, Limited, in GO and LC. Limited animal care facilities shall be subject to the following standards when located within the GO and LC districts.

(1)

Noise and odor. No noise or odors shall be discernible at the property line.

(2)

Animals. Treatment shall be limited to dogs, cats and other small animals.

(3)

Outdoor runs. All animals shall be harbored indoors.

d.

Asphalt or Concrete Plant, Limited. The following standards shall apply to Limited Asphalt or Concrete Plants in all zoning Districts where permitted, except that they shall not apply in the GI District. If any one of these standards cannot be complied with, the plant shall be classified as a "General Asphalt or Concrete Plant."

(1)

The Limited Asphalt or Concrete Plant and related materials and equipment shall be located no closer than 1,000 feet to any residence other than the residence of the Owner of the land upon which the temporary plant is to be located.

(2)

The Asphalt or Concrete Plant shall comply with state air pollution regulations and shall obtain a permit from the Kansas Department of Health and Environment.

(3)

No contaminated soils may be stockpiled on the Site, used for remediation or used in the operation of the Asphalt or Concrete Plant.

(4)

All fuel tanks shall include fuel/spill containment systems as approved by the appropriate local and state agency.

(5)

Any spills of materials capable of contaminating groundwater shall be cleaned up immediately to the satisfaction of the appropriate local and state agency.

(6)

No washing or cleaning of trucks or truck beds shall be allowed onsite unless a wastewater containment system is used to the satisfaction of the appropriate local and state agency.

(7)

No waste, production materials, discarded equipment or other such items shall be buried onsite.

(8)

All equipment and materials utilized in the operation of the Limited Asphalt or Concrete Plant shall be removed from the Site and the Site returned to its original condition, or better, within 30 days following completion of the construction project for which the plant was established.

e.

Wrecking/Salvage Yard in LI and GI. Wrecking/Salvage Yards may be approved as a Conditional Use in the LI and GI Districts, provided that such operation:

(1)

Is not Abutting an arterial Street, expressway or freeway;

(2)

In the opinion of the Planning Commission, will not adversely affect the character of the neighborhood; and

(3)

Is enclosed by a Fence or wall not less than eight feet in height and having cracks and openings not in excess of five percent of the area of such Fence.

f.

Car Wash. The following standards shall apply to Car Wash facilities in all zoning Districts, whether the Car Wash facilities are Principal Uses or Accessory Uses:

(1)

Conditional Use when near residential zoning. Although listed as permitted Uses in some zoning Districts, Car Washes shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 200 feet of residential zoning Districts. This distance shall be measured from the nearest Lot Line of a zoning Lot with residential zoning to the nearest Lot Line of the zoning Lot containing the Car Wash.

(2)

Setbacks from major Streets. All Buildings shall be set back at least 35 feet from all arterials, expressways or freeways.

(3)

Setbacks from other Streets. For all Streets other than arterial Streets, expressways or freeways, the minimum Street Setback shall be the lesser of the following:

(a)

20 feet from the Street Right-of-Way Line;

(b)

The Setback described on the recorded subdivision plat; or

(c)

The average Setback calculated pursuant to Sec. III-E.2.e(5)(b).

(4)

Setbacks from residential. All Structures shall be set back at least 60 feet (excluding any Street, Alley or intervening public way) from the Lot Line of any Lot located within a residential zoning District. This Setback shall not apply where the Abutting property is being used for a nonresidential Use permitted by-right in the Underlying District or where the Governing Body has formally adopted a policy of looking with favor on the establishment of LC or higher intensity zoning for the Contiguous area.

(5)

Fences. A Fence with a minimum height of six feet shall be provided along the interior side and rear property line, when Adjacent to a Dwelling Unit, to protect the Dwelling Unit from light and noise and eliminate blowing debris, and to protect Adjacent property values. Whenever a Fence shall be located in the required Front Setback, such Fence shall not be higher than three feet. The Fence shall be constructed of masonry, concrete, wood or other similar materials.

(6)

Paving. All of the area to be utilized by the washing and drying operations, including all ingress and egress areas, shall be paved with concrete, asphalt or asphaltic concrete or similar hard surfacing material.

(7)

Lighting. The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string-type lighting shall be permitted.

(8)

Signs. Signs are limited to those permitted in the Underlying District.

(9)

Noise. The noise levels shall be in compliance with the noise standards of Sec. IV-C.6

(10)

Circulation plan. A plot plan showing points of ingress and egress, width of driveways, off-street Parking and holding spaces and interior traffic circulation shall be submitted to the County Engineer for the County or the Traffic Engineer for the City for approval prior to the filing of the application. There shall be no ingress or egress from unpaved public ways.

(11)

Parking. All Parking Areas shall have adequate guards to prevent the extension or overhanging of Vehicles beyond property lines or Parking Spaces.

(12)

Street access. There shall be no ingress or egress from minor or residential Streets having 60 feet of right-of-way or less, unless there are two free-moving lanes at all times. (Example: A 30-foot paved Street with Parking permitted on one side would provide two free-moving lanes.)

(13)

Drainage. All drainage, both natural and that created by the operation, shall be handled in a manner satisfactory to the Department of Public Works.

(14)

Maintenance. The area shall be properly policed through inspections by the owner or operator for proper maintenance and removal of trash.

g.

Wireless Communication Facility. Whether allowed by right, subject to a Building Permit, by Administrative Permit, by CUP adjustment/ amendment, by P-O adjustment/amendment or by Conditional Use approval, a Wireless Communication Facility shall be subject to the following provisions.

(1)

A Wireless Communication Facility shall be evaluated in terms of conformance to the guidelines in the "Wireless Communication Master Plan" as adopted by the Governing Body, and applications for such facilities shall include information for review as required in that Plan.

(2)

A following Wireless Communication Facility is permitted by right in any zoning District, subject to the issuance of a Building Permit, if it conforms to the Location/Design Guidelines in that Plan:

(a)

New facility that is concealed in or mounted on top of or the side of existing buildings (excluding single-family and duplex residences) and other Structures, including support structures up to 20 feet above the Building or the maximum height permitted by a Building Permit or an Administrative Permit in the underlying zoning District, whichever is greater;

(b)

Modification and/or replacement of support structures (light poles, flag poles, electrical poles, private dispatch towers, etc.) that are not significantly more visible or intrusive, including cumulative height extensions of up to 25 percent above the original Structure height;

(c)

Modification and/or replacement of a Wireless Communication Facility, including cumulative height extensions of up to 25 percent above the original structure height that comply with the compatibility height standards as outlined in Sec. IV-C.5;

(d)

New or modified lattice towers no larger than 18 inches wide on any side up to 80 feet in height measured from grade.

(e)

Small cell facility or distributed antennae system located in an interior Structure or upon the site of any campus, stadium, or athletic facility.

If the Zoning Administrator determines that the Wireless Communication Facility does not conform to the Location/Design Guidelines, the Building Permit shall be denied. Denied Building Permits may be appealed by applying for an Administrative Permit or a Conditional Use. An Administrative Permit shall be approved subject to conditions that maintain conformance with the Location/Design Guidelines. A Wireless Communication Facility that does not conform to the Location/Design Guidelines may be approved for a Conditional Use on a case-by-case basis as circumstances warrant.

(3)

A Wireless Communication Facility shall be approved by Administrative Permit in any zoning District, under the procedures in Sec. V-L, if it conforms to the Location/Design Guidelines in the "Wireless Communication Master Plan" and, for zoning Lots located within the City, is designated on the "Properties Eligible for an Administrative Permit for a Wireless Communication Facility Map" as shown in the APPENDICES AND SUPPLEMENTS of this Code:

(a)

New disguised ground-mounted facilities up to 85 feet in height;

(b)

New undisguised ground-mounted facilities up to 65 feet in the SF-10, SF-5, TF-3, MF-18, MF-29, B and MH zoning Districts that comply with the compatibility height standards as outlined in Sec. IV-C.5, which shall not be reduced or waived through the provisions of Sec. V-I.2.e;

(c)

New undisguised ground-mounted facilities up to 85 feet in the NO, GO and NR zoning Districts that comply with the compatibility height standards as outlined in Sec. IV-C.5, which shall not be reduced or waived through the provisions of Sec. V-I.2.e;

(d)

New ground-mounted facilities up to 120 feet in height in the RR, SF-20, U, LC, OW, and GC zoning Districts that comply with the compatibility height standards as outlined in Sec. IV-C.5, which shall not be reduced or waived through the provisions of Sec. V-I.2.e; or

(e)

New ground-mounted facilities up to 150 feet in height in the IP, CBD, LI and GI zoning Districts that comply with the compatibility height standards as outlined in Sec. IV-C.5, which shall not be reduced or waived through the provisions of Sec. V-I.2.e.

If the property on which the facility is located is within a CUP or P-O, the Administrative Permit shall also be considered as an application for an adjustment of the CUP or P-O as outlined in Sec. V-E.14, excluding the requirement of V-E.14.a, or Sec. V-C.14, excluding the requirement of V-C.14.a, as applicable.

(4)

A Wireless Communication Facility that does not meet the requirements of Sec. III-D.6.g(2) or Sec. III-D.6.g(3) shall be reviewed through the Conditional Use process as outlined in Sec. V-D or, if the property on which the facility is located is within a CUP or P-O, as an amendment to the CUP or P-O as outlined in Sec. V-E.13. or Sec. V-C.13, as applicable.

(5)

There shall be no nighttime lighting of or on a Wireless Communication Facility except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies. Flashing white obstruction lights shall not be permitted for nighttime operation. Lighting for security purposes shall be permitted at the base of wireless communication facilities. Temporary lighting for nighttime repairs shall be permitted.

(6)

No signs shall be allowed on a Wireless Communication Facility other than those required by applicable governmental agencies.

(7)

Unused facilities, including the uppermost 20 percent of support structures that are unused (except where removal of the uppermost 20 percent would require the removal of a lower portion the support structure that is in use, in which case the required removal will be raised to the next highest portion of the support structure not in use), shall be removed by the owner within 60 days if the Wireless Communication Facility, or portion thereof, has been unused for 12 consecutive months. If such a facility or portion of a facility is not removed by the owner, then the City or County may employ all legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction, to remove it, and after removal may place a lien on the subject property for all direct and indirect costs incurred in its dismantling and disposal, including court costs and reasonable attorney fees. Under this paragraph, "owner" shall include both the Owner of the real property and the owner of the Wireless Communication Facility, whether such ownership is divided or in the same person.

(8)

All Wireless Communication Facilities shall comply with all federal, state, and local rules and regulations.

h.

Correctional Facility and Correctional Placement Residence. Although listed as permitted uses in certain Districts, Correctional Facilities and Correctional Placement Residences, Limited and General, shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 750 feet (measured from property line to property line) of a residential zoning District, unless separated by a Major Barrier. Correctional Placement Residences shall comply with all applicable federal, state and local regulatory requirements, and if such facilities are not directly operated by a unit of government they shall meet licensure requirements that further specify minimum service standards.

i.

Day Care, Limited and General. Although listed as a permitted Use in some Districts, Day Care, General in the City shall always require an Administrative Permit and be subject to Sec. V-L (Administrative Permit review procedures) or a Conditional Use and be subject to Sec. V-D (Conditional Use review procedures) when located in the SF-10, SF-5, TF-3 and MH Districts. Day Care, Limited shall be permitted where listed as a permitted Use. Day Care Centers, Limited and General, shall be subject to the following standards:

(1)

Compliance with state regulations. Day Care Centers shall comply with all applicable state regulations.

(2)

Compliance with Home Occupation standards. When located in the residence of the care provider in a residential zoning District, Day Care Centers shall comply with the applicable Home Occupation standards of Sec. IV-E.

(3)

Outdoor play in residential areas. 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.

(4)

Parking and Loading. Provision of Parking Spaces in Sec. IV-A.4 may be provided by shared Parking when the Day Care is located within an existing Church or Place of Worship, however, the Day Care shall provide convenient off-street loading facilities as required in Sec. IV-A.14.

(5)

Signs. When located within a Dwelling Unit in the SF-10, SF-5, TF-3 and MH Districts, Signs for Day Care, General shall be allowed per the provisions standards of Sec. IV-E.

(6)

Age limitation. When Daycare, General is permitted by Administrative Permit approval, only the care of children, as specified by K.S.A. 65-503, as amended, is permitted.

j.

Hotel or Motel in GO. Hotel or Motel in the GO District shall be subject to the following standards.

(1)

Lot Area. The minimum Lot Area for a Hotel or Motel Use shall be 25,000 square feet.

(2)

Setbacks from residential. No Principal Building or any portion thereof that is used for any assembly or occupancy shall have any door other than required exits facing Contiguous, residential zoning District, unless such opening is set back at least 25 feet from the property line of such Contiguous parcel.

(3)

Recreational Uses. Outdoor recreational Uses shall be limited to nonprofit, noncommercial activities used in connection with and operated by the Hotel or Motel.

(4)

Commercial Uses. No commercial Uses or activities shall be allowed except for sale of soft drinks, news media, tobacco, candies and toiletries. All such sales to be within the office area for such Use except when sold from a vending machine. Under no circumstances shall eating establishments, Restaurants, Service Stations, gift shops, sales offices, nightclubs, dance halls, or Taverns and Drinking Establishments be allowed or permitted as an associated use of a Hotel or Motel within the GO zoning District.

(5)

Street access. A Hotel or Motel Use shall be located along and have access to a Street that is classified as an arterial Street or higher classification.

k.

Kennel, Boarding/Breeding/Training and Hobby. When allowed as a permitted or Conditional Use, Boarding/Breeding/Training Kennels and Hobby Kennels shall be subject to the following standards:

(1)

Minimum Lot Area. The minimum Lot Area for Hobby Kennels shall be two acres, unless all animals are harbored indoors with no discernible noise or odor at the property lines. The minimum lot size for Boarding/Breeding/Training Kennels shall be five acres, unless all animals are harbored indoors with no discernible noise or odor at the property lines.

(2)

Setbacks. Outside runs, holding pens or other open-air type enclosures and shelters shall be located behind the Front Setback Line and located at least 200 feet from any Dwelling Unit other than the Owner's and at least 50 feet from Contiguous property lines.

(3)

Screening. Screening shall be provided except for those facilities located 600 feet or more from Contiguous property lines. Screening shall be provided by Structure, solid or semi-solid Fencing, landscape materials, earth berms or natural Site features maintained for the purpose of concealing the view of the animals behind such Fence, landscape material, berm or natural feature from activities on Contiguous properties. If Fencing is used, it shall not be less than four nor more than eight feet in height. If Fences over six feet in height, landscape materials or earth berms are used, a plan shall be submitted for approval to the Planning Director and Zoning Administrator. Fences used for Screening may have no more than five percent open surface. Landscape materials must provide the desired Screening effect within the first growing season following installation and throughout the year every year thereafter.

l.

Manufactured Homes in County. In the unincorporated County, only Residential-Design Manufactured Homes may be placed on individual Lots and/or tracts, except as provided in Secs. III-D.6.1(2-4) below. After August 29, 1997, no Mobile Home, as defined in this Code, shall be moved, relocated, be changed in Use or otherwise be placed on any property, including within any Manufactured Home Park, Manufactured Home Subdivision or on an individual Lot, whether platted or unplatted.

(1)

Standards. All Manufactured Homes installed in the unincorporated portion of Sedgwick County shall:

(a)

Be placed in accordance with the Manufactured Home siting standards of Sedgwick County, and amendments thereto; provided said standards have been adopted. In the event such standards are not adopted or until such standards are adopted, the following shall apply:

1)

The Manufactured Home shall be placed on a permanent enclosed perimeter foundation, or be skirted around the perimeter of the home, within 45 days of the placement of the home, by solid concrete or masonry walls or a material designed to be used as Mobile Home skirting that does not have a flame spread rating in excess of 25. Vinyl skirting shall be a minimum of 30 mil thickness and metal skirting shall be a minimum of 30 gauge thickness. Metal skirting shall have vertical metal supports of at least 20 gauge thickness spaced not more than five feet on centers. All skirting over 36 inches in height shall be supported with vertical supports spaced not more than five feet on centers, and a horizontal support centered between the ground and the bottom of the mobile home, of at least 20 gauge metal. Metal and vinyl skirting shall be fastened with screws, or by other means, to manufacturers' specifications;

2)

The Manufactured Home shall be provided with handrails on all outside stairs that have a rise of more than 30 inches from grade to finished floor elevation; and,

3)

The Manufactured Home shall have any stairs, porches and handrails constructed so as to be structurally sound.

(2)

Exceptions

(a)

The tract of land is at least 20 acres in size and there has been no unplatted division of less than 20 acres from the original tract unless the division was permitted under the platting exemption provisions of applicable Subdivision Regulations. No more than one Single-Family Dwelling Unit or Manufactured Home shall be permitted on a Lot of any size under this exception.

(b)

The tract of land is a buildable Lot under this Code and the applicable Subdivision Regulations and has received a Conditional Use in accordance with Sec. V-D for the temporary placement of an accessory Manufactured Home under a hardship conditions as provided in Sec. III-D.6.1(3) below.

(c)

The tract of land is a buildable Lot under this Code and the applicable Subdivision Regulations and has received a temporary permit for the placement of a Manufactured Home as provided in Sec. III-D.6.1(4) below.

(3)

Temporary, accessory Manufactured Home Dwelling Unit in the County. The placement of an accessory Manufactured Home on a residentially zoned Lot located within the unincorporated portion of Sedgwick County may be permitted on a temporary basis, as a Conditional Use in accordance with Sec. V-D, subject to the following conditions and requirements.

(a)

The location of the Manufactured Home shall conform to all Setback requirements of the District in which located.

(b)

The Lot Area for the Manufactured Home need not comply with the area requirements of the zoning District, provided that the unit is connected to a public water supply and a municipal-type sewer system. If the property is not served by a public water supply and municipal type sewer system, the minimum Lot Area shall be determined by the County Health Department.

(c)

The unit shall comply with all of the standards of Secs. III-D.6.l(1) and III-D.6.l(2).

(d)

The applicant shall show due cause that hardship exists and that the hardship cannot reasonably be alleviated without the granting of the Conditional Use.

(e)

The Planning Commission shall determine a reasonable time limit for each individual case. The Manufactured Home shall be removed from the property within 90 days after any change in the circumstances used as a basis for the Conditional Use.

(4)

Temporary Manufactured Home in the County. The placement of a Manufactured Home on a residentially zoned Lot within the unincorporated portion of Sedgwick County may be permitted on a temporary basis while a Single-Family Dwelling Unit is being constructed, or while an existing Single-Family Dwelling Unit is being substantially remodeled and during this remodeling the main residence is not occupied, subject to the following conditions.

(a)

The location of the temporary Manufactured Home shall conform to all Setback requirements of the District in which it is located.

(b)

The Lot Area for the temporary Manufactured Home need not comply with the area requirements of the zoning District, provided that the unit is connected to a public water supply and a municipal-type sewer system. If the property is not served by a public water supply and municipal type sewer system, the minimum Lot Area shall be determined by the County Health Department.

(c)

The temporary Manufactured Home shall be allowed on the property for a maximum of one year from the date of the issuance of the Building Permit for the Single-Family Dwelling Unit being constructed or remodeled on the same Lot. In the event an additional time period is needed beyond said one year, an extension of the Conditional Use may be granted in accordance with Sec. V-D, provided good cause can be shown as to why more than one year is necessary.

(d)

The Manufactured Home shall be set-up in accordance with the Manufactured Home siting standards of Sedgwick County, and amendments thereto. The unit shall comply with all of the standards of Sec. III-D.6.l(1).

(e)

No Manufactured Home shall be permitted on the same Lot and/or tract as a Dwelling Unit being remodeled wherein the Dwelling Unit is occupied during remodeling.

(5)

Replacement of Manufactured and/or Mobile Home in the County. The replacement of a nonconforming Manufactured or Mobile Home within the unincorporated area of the County with a newer and/or larger Manufactured Home shall be permitted without rezoning the property to the MH District; provided the Manufactured Home is placed on the same property and complies with all siting requirements of the County.

m.

Manufacturing, Limited, in LC. Limited Manufacturing Uses shall be subject to the following standards when located within the LC District.

(1)

Building size. The gross Floor Area of the Building housing the Limited Manufacturing Use shall not exceed one square foot of Floor Area to three square feet of Lot Area.

(2)

Setbacks. The minimum Setback of any Building from any property line shall be 30 feet.

(3)

Outdoor Storage. No outside storage shall be permitted.

(4)

Paving. All Parking and Loading Spaces shall be paved with concrete or asphalt and must not cover more than one-half of required Open Space.

(5)

Number of employees. The maximum number of employees on any one shift shall not exceed 15 per acre of Lot Area.

n.

Manufacturing and Welding or Machine Shops in GC. No Building may be erected or used for any Manufacturing, Limited or General, or Welding or Machine Shop Use in the GC District unless the entire frontage of the ground floor along the principal Street frontage is used for office space, display or wholesale or retail sales.

o.

Recreation and Entertainment, Outdoor. When allowed as a Conditional Use, Outdoor Recreation and Entertainment Uses shall be limited to tennis courts, miniature golf courses and similar uses that the Planning Commission has determined will not produce undue noise or attract large numbers of spectators. The following standards shall apply.

(1)

Street access. The property shall be Contiguous to an arterial or expressway.

(2)

Lighting. The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string type lighting or banners shall be permitted.

(3)

Noise. The noise level shall be in compliance with the noise standards of Sec. IV-C.6.

(4)

Paving. All driveways, parking, loading and vehicle circulation areas shall be paved with concrete or asphalt.

(5)

Operating hours. The Planning Commission may establish operating hours as part of Conditional Use approval if the property is located in close proximity to residential areas.

(6)

Maintenance. The area shall be properly policed to insure proper maintenance and removal of trash from the premises to eliminate problems to Adjacent or public property.

p.

Parking Areas (and/or accessory drives), Ancillary in RR through NO Districts. Ancillary Parking Areas approved as Conditional Uses in any District RR through NO shall be subject to the following minimum standards.

(1)

Location. The Ancillary Parking Area shall be within 600 feet (along lines of public access) from the boundary of the Use for which Parking is provided.

(2)

Use. The Ancillary Parking Area shall be used for Passenger Vehicles only and in no case shall it be used for sales, repair work, or the storage, dismantling or servicing of any Vehicles, equipment, materials or supplies.

(3)

Setbacks. Parking and circulation aisles shall not be located within a required Front Yard. Entrance/exit drives may cross the required Front Yard.

(4)

Paving. The Ancillary Parking Area and all entrance/exit drives on private property shall be surfaced with concrete, asphaltic concrete, asphalt or any other comparable hard surfacing material that meets the approval of the Planning Commission, and shall be maintained in good condition and free of all weeds, trash and other debris.

(5)

Layout. Ancillary Parking Areas shall be designed in accordance with applicable City and County standards, including the City Public Works Department's Typical Standards for Off-Street Parking. Parking Spaces shall have adequate guards to prevent extension or overhanging of Vehicles beyond the property lines or Parking Spaces. Adequate markings for channelization and movement of Vehicles shall be provided.

(6)

Screening and Landscaping. At a minimum, Screening shall be provided in accordance with Sec. IV-B of this Code. Landscaping shall be provided in accordance with any applicable Landscape Ordinances or resolutions but shall, at a minimum, include sufficient numbers of trees, shrubs, and ground covers within the required Front Yard Setback to maintain the residential appearance of the block in which the Ancillary Parking Area is located.

(7)

Lighting. If lighting facilities are provided, the lighting shall be in compliance with the lighting requirements of Sec. IV-B.4.

(8)

Signs. Only such Signs as are necessary for the proper operation of the Ancillary Parking Area shall be permitted.

(9)

Parking fees prohibited. In no case shall a fee be charged for Parking facilities provided hereunder.

(10)

Additional requirements. The Planning Commission may establish additional conditions if determined necessary in order to protect Adjacent property Owners and the public interest.

q.

Recycling Collection Stations, Private. Private Recycling Collection Stations shall be subject to the following standards.

(1)

Containers shall not exceed a height of eight feet nor occupy an area greater than 100 square feet.

(2)

No storage shall be allowed outside the containers.

(3)

No power-driven equipment shall be used to bale, crush, separate or process the materials at the Site.

(4)

No payment shall be made to the contributor for the Recyclable Materials brought to the station.

(5)

The containers shall be screened by a Solid Fence or Screening Wall of a height equal to or greater than the height of the containers if the containers are visible at ground level view from a residential District (other than the subject Lot).

(6)

Private Recycling Collection Stations shall be considered Accessory Structures and shall be subject to all Accessory Structure Setback requirements of the zoning District in which the Structures are located and shall be subject to the compatibility site design standards for dumpsters of Sec. IV-C.7.b.

(7)

Prior to establishing a Private Recycling Collection Station, the operator shall obtain a location permit from the Zoning Administrator. The operation of Private Recycling Collection Stations shall be subject to appropriate local health codes.

r.

Recycling Collection Stations, Public. Public Recycling Collection Stations shall be subject to all of the following standards when located in the LC District. When located in any other permitted District, they shall be subject only to the standard of Sec. III-D.6.r(9).

(1)

Containers shall not exceed a height of ten feet.

(2)

No storage shall be allowed outside the containers.

(3)

No power-driven equipment shall be used to bale, crush, separate or process the materials at the Site.

(4)

A minimum of two off-street Parking Spaces shall be provided within 50 feet of the station. The station shall not occupy any Parking Spaces required for other Uses on the Site.

(5)

The station shall be located at least 100 feet from residential zoning Districts and Lots containing residential Dwelling Units.

(6)

Access to the station shall be from an arterial or collector Street.

(7)

The owner or operator of the station shall police the Site no less than once a day to assure that no litter accumulates and that the containers are emptied as needed.

(8)

Informational Signs shall be posted that indicate how materials are to be separated and stating any limitations on the types of materials accepted for recycling. The Signs shall be posted on the walls of the containers, and shall not occupy more than 25 percent of the surface area of the containers nor extend more than two feet above the top of the containers.

(9)

Prior to establishing a Public Recycling Collection Station, the operator shall obtain a location or Building Permit, as applicable, from the Zoning Administrator. Operation of the station shall be subject to approval of appropriate local health codes.

(10)

No payment shall be made to the contributors of the Recyclable Materials brought to the station.

s.

Recycling Processing Centers. Recycling processing centers shall be subject to the following standards.

(1)

The operation of Recycling Processing Centers shall be subject to approval by appropriate local health codes.

(2)

Recycling Processing Centers shall be permitted as an indoor Use in the GC, CBD, LI and GI Districts. Such uses may be allowed as an outdoor Use in the LI District if first reviewed and approved as a Conditional Use pursuant to Sec. V-D.

(3)

Recycling Processing Centers shall be permitted also as an outdoor Use in the GI District.

t.

Restaurant in NR. In the NR District, Restaurants shall not exceed 2,000 square feet in gross Floor Area, nor shall they provide any drive-up window service or in-vehicle food service. Delivery and carry-out services are acceptable.

u.

Reverse Vending Machines. Reverse Vending Machines shall be subject to all of the following standards when located in the LC District. When located in any other permitted District, they shall be subject only to the standard of Sec. III-D.6.u(6).

(1)

A minimum of two off-street Parking Spaces shall be provided within 50 feet of the Reverse Vending Machine. The Reverse Vending Machine shall not occupy any Parking Spaces required for other Uses on the Site.

(2)

The Reverse Vending Machine shall be located at least 100 feet from residential zoning Districts and from Lots containing residential Dwelling Units, provided that if the Reverse Vending Machine sorts and/or reduces materials mechanically, it shall be setback from residential zoning and Uses at a distance necessary to ensure that the ambient noise level at the property line is no greater than five decibels above that existing prior to installation of the Reverse Vending Machine.

(3)

Access to the Reverse Vending Machine shall be from an arterial Street or from a collector Street.

(4)

The Owner or operator of the Reverse Vending Machine shall police the Site no less than once a day to assure that no litter accumulates and that the machine is emptied as needed.

(5)

The maximum size for Reverse Vending Machine shall not exceed 120 square feet in size nor a height of 12 feet.

(6)

Prior to installation of a Reverse Vending Machine, the operator shall obtain a location permit from the Zoning Administrator. Operation of the Reverse Vending Machine shall be subject to approval by appropriate local health codes.

v.

Solid Waste Incinerator. Any Solid Waste Incinerator, except those located in the GI District, shall comply with the "Standards for Development of Resource Recovery Facilities," as published in June 1984 by the Metropolitan Area Planning Department.

w.

Tavern and Drinking Establishments, clubs, Nightclub in the City, Teen Club in the City, Event Center in the City and Entertainment Establishment(s) in the City. Although listed as permitted Uses in some Districts, Tavern and Drinking Establishments, clubs, Nightclub in the City, Teen Club in the City, Event Center in the City and Entertainment Establishment(s) in the City shall be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 300 feet of a Church or Place of Worship, public Park, public or parochial School or residential zoning District. These distances shall be measured from the nearest Lot Line of the Church or Place of Worship, public Park, School or residential zoning District to the nearest Lot Line of the premises on which the Tavern and Drinking Establishment, club, Nightclub in the City, Entertainment Establishment(s) in the City, Event Center in the City or Teen Club in the City is located or of any Parking Area designated to be used by the patrons of such businesses, whichever is closest. For purposes of this measurement, the required Parking Spaces for such a business located within a multi-tenant Structure or shopping center are those located nearest the public entrance to the business. "Establishment" of any Tavern and Drinking Establishment, club, Nightclub in the City, Entertainment Establishment(s) in the City, Event Center in the City or Teen Club in the City shall be deemed to include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business location to any such business use, or any expansion of such a business beyond the existing square footage of the premises. Nightclub in the City or Entertainment Establishment(s) in the City that qualify as Sexually Oriented Business in the City shall be permitted Uses in those districts that allow Sexually Oriented Business in the City, if the location of the operation is no less than 500 feet from a Church or Place of Worship, School, public Park, licensed Day Care center, the boundary of any residential District, the boundary of the OT-O District, or any other Sexually Oriented Business.

Outdoor service of food and drink as an accessory part of the operation of a Tavern and Drinking Establishment, club, Nightclub in the City, Event Center in the City or Entertainment Establishment(s) in the City, shall always be subject to the following requirements and, if located within 200 feet of a Church or Place of Worship, public Park, School or residential zoning District, shall be considered a Conditional Use and subject to Sec. V-D of these regulations.

(1)

No additional Parking Spaces or restroom facilities need be provided for the initial sixteen occupants to be served in the outdoor area, but Parking and restroom facilities shall be provided to full Code requirements for the portions of the permitted occupant load exceeding sixteen persons.

(2)

No noise generated in conjunction with the outdoor use shall exceed a sound level of five decibels as measured on the 'A' scale of a sound pressure level meter over the normal background noise that is discernible at any property line of a Lot within 1,000 feet that has a residential zoning classification. Normal background noise shall be established by taking the average of ten sound level readings in any ten minute period.

(3)

The outdoor area shall be Screened from ground level view from any residential-zoned property within 150 feet of the outdoor area, by Screening in accordance with the requirements of Sec. IV-B.

(4)

If lighting facilities are provided, the intensity of light and arrangements of reflectors shall be such as not to interfere with residential Uses. The lighting shall be in compliance with the lighting requirements of Sec. IV-B 4.

(5)

The outdoor Use shall be designed and maintained in compliance with all other licenses, regulations and requirements of the fire, health, and building codes, including requirements for emergency access to or from any barriers that limit ingress or egress.

x.

Vehicle and Equipment Sales, Outdoor, in LC. Outdoor Vehicle and Equipment Sales shall be subject to the following standards when located within the LC District.

(1)

Location shall be Contiguous to a major Street as designated in the Transportation Plan adopted by the Governing Bodies, and as amended from time to time.

(2)

Visual Screening of areas Adjacent to residential zoning Districts shall be provided to protect Adjacent properties from light, debris and noise and to preserve Adjacent property values even when the change in use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case shall Screening be less than that required by Sec. IV-B.1-3.

(3)

All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries Abutting streets, except at driveway entrances or where Fences are erected, to ensure that parked Vehicles do not encroach onto public Street Right-of-Way.

(4)

The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string-type or search lighting shall be permitted.

(5)

The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted.

(6)

No repair work shall be conducted except in an enclosed Building, and further provided that no body or fender work is done.

(7)

Only those Signs permitted in the LC District shall be permitted on this Site, except that no portable, flashing, moving or off-site Signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted.

(8)

There shall be no use of elevated platforms for the display of Vehicles.

y.

Warehouse, Self-Service Storage, in GO and LC. Self-Service Storage Warehouse facilities shall be subject to the following standards when located within the GO or LC Districts.

(1)

A tract for such use located in the GO District shall be Contiguous with a less restrictive District.

(2)

The use must be located Contiguous to an arterial Street, and have direct access to the arterial Street, as designated in the Transportation Plan adopted by the Governing Bodies, and amended from time to time.

(3)

All buildings shall set back at least 35 feet from arterial Street Rights-of-Way lines. There shall be a minimum 20-foot Building Setback line from all other Streets, unless a platted Building Setback line would require a greater Setback.

(4)

Where the Lot is Contiguous to a residential zoning District, a landscaped Yard with a minimum depth of 15 feet shall be provided on the Lot Contiguous to the residential zoning District and a landscaped front Yard with a minimum depth of 15 feet shall be provided when within 100 feet of a residential zoning District or when across the street from a residential zoning District. The landscaping shall be in addition to any architectural Screening type Fences or face of the structures that shall be designed to Screen the use from the residential neighborhood. Such Fence, when required, shall be solid or semi-solid and constructed to prevent the passage of debris or light and constructed of either brick, stone, architectural tile, masonry units, wood or other similar material (not including woven wire) and shall be not less than six feet or more than eight feet in height. The landscaped Yard may be reduced in depth to not less than the minimum Side and Rear Setback required by the property development standards of the applicable zoning District of the Lot when the Contiguous residential zoning District is occupied by any legal Nonconforming office, commercial or industrial Use, or when Adjacent to a property where an adopted zoning policy by the Governing Body is to look with favor on office, commercial or industrial zoning for the area.

(5)

When the Development is in close proximity to residential development, the architectural design shall be submitted to the Planning Director for review and a recommendation to the Planning Commission as to whether or not the architecture is compatible with the surrounding development, and that adequate Screening is being provided. Sufficient copies of the preliminary design plans shall be provided so that a copy of such plans, after having been approved by the Planning Commission, may be retained in the MAPC case file and by the Zoning Administrator to ensure that final Development plans and construction comply therewith.

(6)

Any side of the Building providing doorways to storage areas shall be set back from the property line at least 40 feet when Contiguous to a residential zoning District.

(7)

Off-street Parking shall be required on the basis of one space for each 8,000 square feet of Floor Area in the facility plus one space for each employee, but in no case shall the number be less than five spaces.

(8)

All driveways, Parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete or comparable hard surfacing material. Adequate bumper guards or Fences shall be provided to prevent the extension of Vehicles beyond property lines.

(9)

All lights shall be shielded to direct light onto the Uses established and away from Adjacent property, but it may be of sufficient intensity to discourage vandalism and theft.

(10)

All storage on the property shall be kept within an enclosed Building, unless a portion of the property or Lot is properly zoned to otherwise permit a designated area for outside storage.

(11)

No activities such as miscellaneous or garage sales shall be conducted on the premises.

(12)

The servicing or repair of Motor Vehicles, boats, Trailers, lawn mowers and other similar equipment shall not be conducted on the premises.

(13)

Signs shall be limited to one per arterial Street frontage. Signs shall not exceed twenty feet in height nor exceed fifty square feet in gross surface area. Signs shall not project over any public right-of-way.

(14)

All areas not paved in accordance with the requirements of this section shall be landscaped with deciduous and coniferous plant materials. The Landscaping plan shall be approved by the Planning Department. Maintenance of the Landscaping shall be sufficient to maintain it in good condition.

(15)

The area shall be properly policed by the owner or operator for removal of trash and debris.

(16)

The operation of such a facility shall in no way be deemed to include a transfer and storage business where the use of Vehicles is part of such business.

(17)

A resident manager shall be required on the Site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.

(18)

No more than 45 percent of the Lot Area shall be covered by Buildings.

(19)

No individual or business shall lease more than 3,000 square feet of storage spaces.

z.

Nurseries and Garden Centers in LC. Nurseries and Garden Centers in LC that do not comply with the outdoor display and storage limitations specified in Secs. III-B.14.e(2) and III-B.14.e(3) may be permitted by Conditional Use subject to the following standards.

(1)

A tract for such use shall be Contiguous to an arterial or expressway as designated on Official Transportation Plan or amendments thereto, or be located within a portion of the LC District or a more intense use district that is Contiguous to such a street.

(2)

Screening shall be provided as deemed appropriate and necessary to provide protection to Adjacent properties, however, under no circumstance shall the Screening be less than that required by Sec. IV-B of this Code or that required by an approved development plan. Growing areas for nursery stock shall be considered a landscaped yard and may be substituted for a Screening Fence as required by Sec. IV-B when deemed appropriate.

(3)

Display and storage of merchandise, nursery stock, landscaping materials and equipment must be within an enclosed building; within an area enclosed by a Screening Fence deemed necessary for the protection of Adjacent properties; or be displayed in areas immediately Contiguous to the buildings, provided any display or storage shall not be located within 25 feet of public right-of-way and shall not occupy required off-street Parking spaces.

(4)

In addition to the Compatibility Standards of Sec. IV-C, all lights shall be shielded to reflect or direct light away from Adjacent properties. No string-type lighting shall be permitted.

(5)

In addition to the Compatibility Standards of Sec. IV-C, no sound projecting devices or loudspeakers shall be used so as to be heard beyond the property lines.

(6)

Any repair or servicing of vehicles or equipment shall only be permitted within an enclosed Building. Such repair and servicing shall be limited to normal maintenance and not including body repair or modification.

(7)

A site plan showing all Structures (existing and proposed), all ingress, egress, off-street Parking, off-street Loading Space, on-site circulation, storage and display areas shall be submitted with the application.

(8)

Areas for the growing of plants and nursery stock may be permitted in greenhouses or in open areas as designated by the applicant and approved by the Planning Commission.

(9)

Any vehicles used in conjunction with the business must be stored within the main Structure, an enclosed Garage, or when approved by the Planning Commission as to adequate screening material and location, within an enclosed compound on the property.

(10)

Due to the type of business, the amount of off-street Parking Spaces and Loading Spaces based on the gross floor area of Buildings could be inappropriate. The Planning Commission may, in the processing of the Conditional Use request, determine the number of Parking Spaces and Loading Spaces required for the use. The number of spaces shall be determined by the Planning Commission and shall be based on the amount of building, greenhouse, lathhouse and outside area used primarily for display and sales area. Consideration shall also be given to the anticipated number of employees and possible temporary Parking for peak season business. The determination made by the Planning Commission may be adjusted after public notice and hearing if the lack of adequate off-street Parking is creating congestion on the Streets due to on-street Parking by employees or customers. The property Owner may also request a reduction in the number of Parking Spaces by filing a revised application and providing figures justifying said change.

(11)

The Planning Commission may establish other conditions deemed necessary for the protection of Adjacent property, and including the maintenance of required improvements. The Planning Commission may also require a periodic report of compliance with all conditions of approval, and upon the recommendation of the Zoning Administrator, the Planning Commission may schedule a hearing for revocation or modification of the conditions of the Conditional Use approval.

aa.

Neighborhood Swimming Pool. Although listed as a Conditional Use in all districts where allowed, a Neighborhood Swimming Pool shall be permitted by right if it is identified as a permitted Use in the platting of "reserves" or as a permitted use within a residential CUP, provided that a detailed site plan shall be submitted to the Planning Director for approval at the time the final plat is submitted for scheduling before the Subdivision Committee of the Planning Commission. Should the plan not be approved, an application for a Conditional Use may be filed in accordance with Sec. V-D of this Code.

bb.

Construction Sales and Service in LC. When a Construction Sales and Service business is located in the LC District, it shall be mainly a Retail business and not Wholesale or Business Service and it shall comply with all limitations on outdoor display and Outdoor Storage as specified in Sec. III-B.14.e (Special LC District Regulations).

cc.

Parking Areas, Commercial, in GO, NR and LC. When Commercial Parking Areas are located in the GO, NR and LC districts, the overnight parking of Commercial Vehicles exceeding 26,000 pounds gross vehicle weight rating shall not be permitted.

dd.

Outdoor Storage and/or Baling in LC through LI. In LC through LI, the Outdoor Storage and/or baling of junk, scrap, paper, bottles, rags or similar materials is prohibited. See Sec. III-B.14.e, III-B.15.e, III-B.17.e and III-B.18.e for limitations on other Outdoor Storage in LC, OW, IP-A and IP.

ee.

Tattooing and Body Piercing Facilities. All Tattooing and Body Piercing Facilities (facility or facilities) within the City shall be located in the GC, OW, IP, LI, GI or AFB zoning District and shall be subject to the following standards:

(1)

All facilities shall be located a minimum of 200 feet from a school, park or residential zoning District. This distance shall be measured from the nearest Lot Line of the School, Park or residential zoning District to the nearest Lot Line of the premises on which the Tattooing and Body Piercing Facility is located or of any Parking Area designated to be used by the patrons of such business, whichever is closest. For purposes of this measurement, the required Parking Spaces for such a business located within a multi-tenant Structure or shopping center are those located nearest the public entrance to the business.

(2)

All Tattooing and Body Piercing shall be conducted within an enclosed Building.

(3)

In the OT-O District, all facilities shall be open by appointment only, shall not open for business prior to 10:00 a.m. and shall cease operation and close by 10:00 p.m.

ff.

Sexually Oriented Business

(1)

Sexually Oriented business in the County. Sexually Oriented Businesses shall be permitted in the unincorporated area of the County only when such business is properly licensed with the County pursuant to the County's Adult Entertainment Code (Article VIII of Chapter 17 of the Sedgwick County Code), and only when such business is in compliance with the requirements of said Adult Entertainment Code. No Sexually Oriented Business in the County shall be located less than 1,000 feet from a Church or Place of Worship, School, public Park, residential Dwelling Unit or other adult entertainment establishment, all as defined in the Adult Entertainment Code, subject to the amortization provisions set forth in the Adult Entertainment Code and in Sec. VII-J.1 herein.

(2)

Sexually Oriented business in the City. Sexually Oriented Businesses shall be permitted in the City only when such business is properly located pursuant to this Code and is licensed with the City pursuant to Chapter 3.05 of the Code of the City of Wichita, and only when such business is in compliance with the requirements set out in this Code and Chapter 3.05 of the Code of the City of Wichita. No Sexually Oriented Business in the City shall be located less than 500 feet from a church, school, public park, licensed Day Care center, the boundary of any residential District, the boundary of the OT-O District and from any other adult entertainment establishment defined in Chapter 3.05 of the Code of the City of Wichita, subject to the amortization provisions set forth in that Chapter and in Section VII-J.2 herein.

gg.

Mining or Quarrying, Sand and Gravel Extraction. Sand and gravel extraction operations shall be subject to the following conditions:

(1)

The extraction operation on the Site shall proceed in accordance with an operational plan approved by the Planning Commission. The perimeter of the lake excavation shall conform to the approximate size and shape indicated on the approved operational plan. To assist in the enforcement of the operational plan, a copy of the approved operational plan shall be posted in the extraction office.

(2)

The operational plan shall illustrate which area is to be excavated and at what time.

(3)

As part of the Conditional Use approval, the development plan for Uses after the conclusion of the extraction operation shall be submitted to the Planning Director for review and a recommendation to the Planning Commission as to whether or not the development plan is compatible with surrounding land uses, the Comprehensive Plan or other plans or policies being utilized by the City or County.

(4)

Abutting the perimeter of the application area, a minimum 60-inch high Fence shall be constructed prior to the beginning of any extraction operation and shall be maintained at the locations depicted on the approved operational plan. Said Fence shall be placed on steel posts that are not less than seven feet tall. The posts shall not be set more than 16 feet apart. The Fence shall be a minimum height of 60 inches and shall be of the following types of construction:

(a)

A 48-inch high or higher chain link Fence with three or more strands of barbed wire; or

(b)

A 48-inch high or higher solid metal or solid masonry Screening Wall with three or more strands of barbed wire; or

(c)

A 48-inch high or higher wood Fence that may have cracks or openings not in excess of five percent of the area of such Fence, with three or more strands of barbed wire; whereby

(d)

The term "barbed wire" shall mean any twisted wire with barbs spaced a minimum of four inches apart and placed at the top of the Fence and gate at an angle not to exceed 160 degrees facing away from the excavation.

(5)

The extraction shall be to at least a minimum depth of six feet below the normal water table, as determined by the Director of Sedgwick County Code Enforcement.

(6)

The Owner of the property shall be responsible for minimizing blowing dust from the Site. To minimize blowing soil, overburden shall not be removed more than six months in advance of the lake being expanded into an area, unless the ground is covered within the next planting season with a perennial drought-resistant grass or combination of which will permit the establishment of sod cover to help prevent erosion. As part of the required operational plan, the site shall be divided into at least two distinct areas for the purpose of showing phased excavation over time.

(7)

All slopes shall have vegetative covering consisting of a perennial drought-resistant grass or combination of grasses that will permit the establishment of sod cover to help prevent erosion.

(8)

To provide for bank stabilization and safety of future uses, the side slopes of the extraction shall be no steeper than five horizontal to one vertical.

(9)

Sufficient overburden material shall be retained in the area of extraction to grade and construct the banks so they are formed with overburden material rather than sand.

(10)

The property shall be platted prior to the issuance of any zoning or Building Permits, except those permits necessary for the extraction operation.

(11)

No commercial recreational activities, such as boating, fishing, skiing, etc., shall be permitted in the development area, unless duly authorized under provisions of this Code and amendments thereto.

(12)

The applicant shall submit a restrictive covenant to the Planning Department in a form satisfactory to the City or County legal counsel (as applicable), prior to the commencement of any extraction operation, providing that no foreign matter, such as rubbish, trees, car bodies, etc., shall be deposited on the application area or within the extraction area.

(13)

The storage of equipment or stockpiling of sand or overburden is not permitted closer than 100 feet to any public right-of-way or closer than 50 feet to any property line.

(14)

Nothing in the approval of a Conditional Use shall be construed to permit a contractor's material and equipment storage yard. Within 60 days after completion of the extraction operation, the land surrounding the lake shall be properly graded and planted with a vegetative cover. Also, all stockpiled sand or overburden and sand pumping and related equipment shall be removed from the subject site.

(15)

The length of time for the extraction operation and the hours of operation for removal of the overburden shall be set at the time of approval of the Conditional Use. Subject operation is to cease after that period of time with all equipment and materials associated with the operation removed from the premises.

(16)

Hours of operation for the removal of overburden shall be limited to 6:00 a.m. to sunset. The same hours of operation shall apply if sand removal is conducted with the use of non-electric driven equipment. If sand is removed with the use of an electrical pump, sand extraction may operate 24 hours a day.

(17)

All on-site water and sewage facilities shall be approved by and constructed to the standards of the Department of Code Enforcement for the County or Department of Environmental Services for the City.

(18)

Any water wells needed to operate the facility must comply with the Water Well Construction Standards contained in Article 30 of the Kansas Department of Health and Environment rules and regulations.

(19)

The applicant shall make the Site available to the Department of Code Enforcement for land in the County or Department of Environmental Services for land in the City for the installation and management of groundwater monitoring wells.

(20)

Any on-site storage of fuels or chemicals must be approved by the Sedgwick County Department of Environmental Resources for land in the County or Department of Environmental Services for land in the City.

(21)

A drainage plan shall be submitted to and approved by City or County Public Works (as applicable) prior to starting the extraction operation. All of the area included within the fenced sand extraction operation shall be graded in accordance with the approved drainage plan. Additional requirements, such as a public drainage easement, a floodway reserve, or a covenant authorizing the area of the Site for use as a detention storage facility for public drainage purposes, may be required as a condition of approval for the drainage plan.

(22)

All operational roads shall be maintained in a sand or graveled condition and shall be treated water or other acceptable dust retardant to minimize blowing dust.

(23)

All applicable local, state, and federal permits necessary for the extraction operation shall be obtained and maintained.

hh.

Vehicle and Equipment Sales, Outdoor, in GC. Outdoor Vehicle and Equipment Sales shall be subject to the following standards when located within the GC District.

(1)

Visual Screening of areas Contiguous to residential zoning Districts shall be provided to protect Adjacent properties from light, debris and noise and to preserve Adjacent property values even when the change in Use to Vehicle and Equipment Sales replaces a previous Use that is of equal or greater Intensity. In no case shall Screening be less than that required by Secs. IV-B.1-3.

(2)

All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries Abutting streets, except at driveway entrances or where Fences are erected, to ensure that parked Vehicles do not encroach onto public right-of-way.

(3)

The lighting shall be in compliance with the lighting standards of Sec. IV-B.4. No string-type or search lighting shall be permitted.

(4)

The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted.

(5)

No repair work shall be conducted except in an enclosed Building.

ii.

Day Reporting Centers. Day Reporting Centers as defined by this Code shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures). Day Reporting Centers shall be subject to the following standards:

(1)

Compliance with all applicable federal, state and local regulatory requirements, and

(2)

If such facilities are not directly operated by a unit of government they shall meet licensure requirements that further specify minimum service standards.

jj.

Farmer's Markets in the City as an Accessory Use in Certain Districts. Farmer's Markets, as defined by this Code, shall be allowed as an Accessory Use within the LC, OW, GC, IP, CBD, LI and GI zoning Districts within the City. The Zoning Administrator may authorize Farmer's Markets only in allowed zoning Districts, and subject to the following restrictions and limitations.

(1)

A Farmer's Market must be operated by a designated "market operator" who shall obtain a license or licenses as may be required, including Ch. 3.94 of the Code of the City of Wichita. Generally, sales of agricultural, farm, garden aquacultural products or fruits grown within the State of Kansas by producers or growers and their agents are exempt from licensing under Ch. 3.95 of the Code of the City of Wichita.

(2)

Prior to issuance of required licenses, the market operator shall provide the Zoning Administrator with a site plan that clearly identifies:

(a)

The approximate dimensions of the area being used;

(b)

The proximity to buildings, parking lots, rights-of-way or other such areas; and

(c)

A description of any structure, implement, stand, display prop, or other such items used for the farmer's market, including Signs, banners or other attention getting devices.

The Zoning Administrator shall approve the site plan prior to the issuance of required licenses.

(3)

A Farmer's Market shall not occupy any part of the required off-street Parking Space(s) for the Principal Use unless such is indicated on the site plan and approved by the Zoning Administrator.

(4)

Vendors whose goods are primarily fresh produce, grains, fruits, garden aquacultural products or other agricultural products, including meat and dairy products, shall account for no less than fifty percent of the total number of vendors in any single Farmer's Market.

(5)

Farmer's Markets are temporary in nature and may operate no more than five calendar days per month only Monday through Friday during the months of April through October and only between the hours of 6 a.m. and 9 p.m., with the exception of Farmer's Markets operated on City-owned property.

(6)

There shall be no permanent storage allowed upon the site, other than that approved for the Principal Use.

(7)

No additional lighting, other than that approved for the Principal Use, shall be allowed.

(8)

No additional signage, other than that approved for the Principal Use, shall be allowed; except, as shown in the site plan approved by the Zoning Administrator.

(9)

Proposed Farmer's Markets located within a CUP, P-O or any other approved special purpose or Overlay District that does not allow the uses of the LC District or more intense shall not be licensed, except as authorized by way of Administrative Adjustment or applicable amendment.

(10)

Activities of such nature as to be considered an amusement ride, ride device, circus, carnival, rodeo or wild animal show per the Code of the City of Wichita shall be permitted only when so licensed by applicable governing agencies.

(11)

All electrical connections, erections of temporary structures/tents, etc. shall be in compliance with applicable codes and regulations and shall be permitted/licensed as applicable.

kk.

Rodeo, in the City. Rodeos, in the City, shall be subject to the following standards:

(1)

Animals that are to be ridden, roped, raced or otherwise participate in Rodeo events shall be penned in by fencing materials that meet normally accepted industry standards and are normally used to confine livestock.

(2)

Animals that are to be ridden, roped, raced or otherwise participate in Rodeo events shall be maintained in normally accepted industry standards with respect to handling, penning, veterinarian or farrier care, feed, and water, waste collection, storage and disposal. Waste shall be collected often enough to minimize odor and fly infestation. Grain shall be stored in enclosed containers to minimize fly and rodent infestation.

(3)

Animals shall be maintained and treated in accordance with Chapter 6.04 of the Code of the City of Wichita.

(4)

The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted, except as approved under the Community Events Ordinance as set forth in Sec. III-D.6.kk(11).

(5)

The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string type or search lighting shall be permitted.

(6)

All Parking Areas and vehicle circulation drives shall be paved with concrete, asphalt or asphaltic concrete or comparable hard surfacing material, except as approved under the Community Events Ordinance as set forth in Sec. III-D.6.kk(11).

(7)

Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight on Friday and Saturday.

(8)

For Rodeos not utilizing outside storage of livestock:

(a)

A minimum Lot Area of three acres is required; and

(b)

There must be at least 500 feet separation between the property line on which the Rodeo will be held and the Lot Line of any residentially zoned Lot, or existing Single-Family or Duplex Uses, unless separated by a Major Barrier.

(9)

Even though listed as a permitted use in certain Districts, Rodeos with Outdoor Storage or penning shall require Conditional Use review and approval per Section V-D of this Code if any Rodeo on the site is to occur more than two days per calendar year, except temporary outdoor penning of livestock for no longer than 12 continuous hours is permitted without Conditional Use approval.

(10)

For Rodeos with Outdoor Storage or penning of livestock:

(a)

A minimum lot area of five acres is required;

(b)

There must be at least 1,200 feet separation between the property line on which the rodeo will be held and the lot line of any residentially zoned lot, or any existing single-family or two-family uses, unless separated by a "major barrier."

(11)

Rodeos held on property owned by the City of Wichita or Sedgwick County are exempt from the requirements of this code, provided that approval is obtained per the requirements of the Community Events Ordinance in Chapter 3.11 of the Code of the City of Wichita.

ll.

Parks and Recreation in IP-A. In the IP-A district, Parks and Recreation shall not be permitted if the Use would attract more than 25 spectators and/or participants per acre at any one time.

mm.

Vehicle Storage Yard in RR. Only Lots developed with a residence as the Principal Structure are eligible to apply for a Conditional Use to permit outdoor vehicle storage in excess of those permitted as an Accessory Use (see Sec. II-B.10.d and Sec. IV-E.7.l). A Vehicle Storage Yard, approved as a Conditional Use in the RR District shall be subject to the following minimum standards, provided, however, the Planning Commission may establish additional conditions if determined necessary in order to protect Adjacent property Owners and the public interest. All applicable requirements, inspections and permits shall be in place prior to the commencement of Vehicle storage.

(1)

Location. The storage area shall be located behind the property's Principal Structure; and at no time shall any Vehicles be driven or Parked on or over any component of onsite wastewater treatment systems.

(2)

Area. For sites two acres or less in area, a Vehicle Storage Yard may occupy up to 11 percent of the property's square footage; for sites greater than two acres the area devoted to the Vehicle Storage Yard shall not exceed 10,000 square feet.

(3)

Use. The Vehicle Storage Yard shall be used for the storage of licensed operable Vehicles only, and in no case shall it be used for sales, repair work, dismantling, or mechanical servicing of any Vehicles or equipment, or for storage of materials or supplies. Non-mechanical servicing such as replacing windshield washer fluid, light bulbs and interior cleaning shall be allowed.

(4)

Setbacks. The minimum Setback for any stored Vehicles from any residence constructed before the Conditional Use is approved shall be 20 feet. The Setback requirements can be modified or waived if the applicant demonstrates there is sufficient Screening to substitute for the Setback protections.

(5)

Paving. The storage area and all entrance/exit drives on private property shall be surfaced with an all-weather surface that meets the approval of the Director of County Code Enforcement and shall be maintained in good condition and free of weeds, trash and other debris.

(6)

Screening. Visual Screening of areas Contiguous to residential zoning Districts shall be provided to protect Adjacent properties from light, debris and noise, and to preserve Adjacent property values. In no case shall Screening be less than that required by Sec. IV-B.1-3, unless the applicant demonstrates adequate Screening may be provided through alternative means, and the requirements imposed by Sec. IV-B.1-3 would be overly burdensome on the applicant.

(7)

Lighting. If lighting facilities are provided, lighting shall be in compliance with lighting standards of Sec. IV-B.4.

(8)

Noise. The compatibility noise standards of Sec. IV-C.6 shall be complied with provided, however, outdoor speakers and sound amplification systems shall not be permitted.

nn.

Event Center in the County, Church or Place of Worship, Community Assembly and Farmer's Market in the County in RR. In the RR district only, an Event Center in the County, Church or Place of Worship, Community Assembly or Farmer's Market in the County on property with less than 20 acres requires a Conditional Use and is subject to the standards of this section. Event Center in the County, Church or Place of Worship, Community Assembly or Farmer's Market in the County are permitted by-right on sites of 20 acres or greater, including road right-of-way, if it complies with the standards of this section.: When the uses listed above do not comply with the standards listed in this section a Conditional Use is required and shall be subject to the development standards established by the Governing Body.

(1)

Maximum building occupancy is limited to that established by building and/or fire officials utilizing applicable building or fire code standards.

(2)

Buildings, events and activities shall comply with applicable building, fire, sanitation, life-safety and other applicable codes.

(3)

Seating or attendance at outdoor events shall be limited to the maximum number of occupants permitted by the minimum required parking.

(4)

Required parking for an Event Center in the County shall be provided at the rate of one space per four occupants or as established by a parking study. Parking for Church or Place of Worship and Community Assembly shall be per the off-street standards listed in the Code for each use. Parking for Farmer's Market in the County shall be one space per 333 square feet of exhibition and sales area. Parking spaces for persons with disabilities shall be paved. Parking, drive aisles and circulation areas for uses shall be rock or material designated by County officials unless a rock or paved driveway 50 feet in length, measured from the right of way line and is at least six inches thick, is provided and maintained, and the use in not open to the public more than 100 days per year. If a rock or paved driveway 50 feet in length, measured from the right of way line and is at least six inches thick, is provided and maintained, the parking and circulation aisle surface may be grass. All parking shall be located on-site. The event operator or the property owner must maintain a logbook or calendar that accurately indicates the date(s) per month the site will be in use.

(5)

Sites offering both indoor and outdoor events shall require parking for the use with the highest parking requirement.

(6)

Drainage shall be addressed at the time of platting, change of occupancy or as part of building permit review.

(7)

Building and activity areas (other than a driveway) shall be setback 100 feet from property lines.

(8)

Access control shall be as determined by Sedgwick County Traffic Engineer.

(9)

Signage shall be per County Sign Code.

(10)

The service of food and drink may be permitted both indoor and outdoor as part of the operations of the facility provided that the service complies with all applicable regulations. The service of any alcoholic liquor or cereal malt beverage is permitted only with applicable licenses.

(11)

Portable toilets shall not be placed within the 100-foot building setback.

(12)

Prior to use of the property for the stated use, the applicant shall submit for review and approval by the Director of Planning or his designee a detailed site plan that depicts existing and/or proposed: property boundaries, buildings, structures, access points, driveways, location and number of parking spaces, outdoor lighting, location of dumpsters, setbacks, outdoor seating or activity areas. At a minimum, the site plan shall be to scale and/or have enough dimension control to verify: site size, size of improvements, buildings or activity areas, location of improvements, buildings, or activity areas, and parking, circulation drives, and access points or any other pertinent details as requested by County staff.

oo.

Mobile Food Unit in the City. Mobile Food Unit in the City, as defined by the Code, shall be allowed as an Accessory Use to a Public and Civic Use, as defined by the Code, in any zoning District; as an Accessory Use within the LC, OW, and IP Districts; as a Principal Use in the LC District with Conditional Use approval; and as an Accessory Use or Principal Use within the GC, CBD, LI, and GI Districts. The Zoning Administrator may authorize a Mobile Food Unit in the City only in conformance with the license requirements of Sec. 3.15 of the Code of the City of Wichita.

pp.

Renewable Energy Systems. Renewable Energy Systems, as defined by this Code and where permitted, shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures). Renewable Energy Systems shall be subject to the following:

(1)

For the purposes of this Section, the following terms are hereby defined

(a)

Applicant means any party, or parties collectively, requesting Conditional Use approval, any owner or operator of a SECS, or any individual or entity that has or obtains an interest in the SECS. The duties provided within this Section shall survive any transfers of interest or ownership of the SECS or underlying property

(b)

Battery Energy Storage System (BESS) means one or more individual physical containers providing secondary containment to battery cells that are equipped with cooling, ventilation, fire suppression, and an electronic regulator.

(c)

Facility Area means the total sum area of all land (calculated in acres) encompassed by a SECS.

(d)

Project Area means the Facility Area of a SECS, minus any area of which the sole purpose and use in the application is for underground private transmission lines or collection lines

(2)

All Wind Energy Conversion Systems (WECS) are prohibited within the unincorporated portion of Sedgwick County and the City of Wichita.

(3)

All Solar Energy Conversion Systems (SECS) shall be classified as follows

(a)

A Small-Scale SECS shall have a Project Area of ten (10) acres or less

(b)

A Medium-Scale SECS shall have a Project Area of more than ten (10) acres but less than fifty (50) acres.

(c)

A Large-Scale SECS shall have a Project Area of fifty (50) acres or more.

(4)

General requirements for all SECS's regarding location, size limitations and notice obligations shall be as follows:

(a)

All Large-Scale SECS's shall be prohibited in the established and adopted Urban Growth Area of any City as identified in the County Urban Growth Areas Map contained within the Wichita-Sedgwick County Community Investments Plan, except for any area in a Large-Scale SECS Facility Area of which the sole purpose and use in the application is for underground private transmission lines or collection lines.

(b)

No SECS Project Area shall exceed fifteen-hundred (1500) acres.

(c)

No SECS Project Area shall be located in or on more than six (6) contiguous sections of land.

(d)

No SECS Project Area boundary shall be nearer than two (2) miles to any other SECS Project Area boundary. This distance shall be measured in a straight line from the closest Project Area boundary of one SECS to the nearest proposed Project Area boundary of any other SECS. This regulation shall not apply to any Small-Scale SECS that does not connect to the private transmission lines or collection lines of any other SECS, nor shall the two (2) mile calculation include any such Small-Scale SECS's that do not connect to the private transmission lines or collection lines of any other SECS.

(e)

No unattached portion of a Project Area of a SECS may be located more than one (1) mile from the balance of the SECS Project Area. For purposes of this calculation, a portion of a Project Area of a SECS is unattached if: (1) it is separated from the balance of the SECS by property not included in the SECS application and Facility Area, or (2) the separating area is included in the Facility Area but not the Project Area and is only being used for underground private transmission lines or collection lines.

(f)

The maximum area of photovoltaic/solar panel coverage of a SECS shall not exceed sixty-five percent (65%) of the total Project Area acreage. The percentage of coverage shall be calculated as the maximum total area in square feet of all solar panels within the Project Area boundary, expressed as a percentage of the total Project Area in square feet.

(g)

It is encouraged that any potential SECS Applicant provide written notice of the planned project to any city within two (2) miles of the planned Facility Area prior to submission of the application Notwithstanding the foregoing, Applicant shall provide written notice to each specified city either prior to or upon formal submission of their application

(h)

Notwithstanding any other language to the contrary found in this Code, the provisions of Section III-D.6.pp(4) shall not be waived by the appropriate Governing Body.

(5)

Specific requirements for any Large-Scale or Medium-Scale SECS applications are as follows:

(a)

Applicant shall submit a concept plan as a visual summary of the project. The concept plan shall be prepared by a licensed engineer and shall include the following:

1)

Identification of subject parcels and property lines and/or leased portions of parcels and limits of leased areas, and fenced areas, along with areas in acreage and square feet;

2)

Identification of required Setbacks;

3)

Existing and proposed Buildings and Structures, including identification of Buildings, Structures, or features to be removed or retained; preliminary locations, total area, and heights of proposed solar panels, ancillary equipment, and other proposed Structures; the location of proposed fencing, driveways, internal roads, and Structures; and the location of points of ingress/egress;

4)

The location and nature of proposed buffers and Screening elements, including vegetative and constructed buffers, and existing landforms (i.e., natural berms, hills, rocky outcrops, etc.) intended to be used as a buffer or Screening;

5)

Existing and proposed access roads, drives, turnout locations, and Parking;

6)

Location of substations, electrical cabling from the facility to substations, ancillary equipment, Buildings, and Structures, including those within any applicable Setback;

7)

Fencing or other methods of ensuring public safety;

8)

Proposed lighting;

9)

Aerial imagery showing the proposed location and boundaries of the facility, fenced areas, ingress/egress, and the closest distance to all Adjacent property lines and Buildings, noting their Uses; and

10)

Additional information may be required as reasonably determined by the Zoning Administrator.

(b)

Applicant shall submit a detailed project narrative identifying all Applicants and their roles, if known at the time of application, and describing the proposed SECS, including

1)

an overview of the project and its location;

2)

the Project Area, Facility Area and the area to be fenced;

3)

the current Use of the site;

4)

the estimated time for construction, any phasing schedule, location of staging areas or off-site storage facilities, proposed date for commencement of operations;

5)

the planned maximum rated capacity of the facility;

6)

the approximate number, representative types and expected footprint of equipment to be constructed, including the maximum number of photovoltaic panels;

7)

specifications for proposed equipment, including the manufacturer and model, materials, color and finish, and racking type for solar facilities;

8)

ancillary facilities;

9)

and the location of the proposed electrical grid interconnection.

(c)

Applicant shall submit a draft grading plan that limits grading to the greatest extent practicable. The required draft grading plan shall include:

1)

Existing and proposed contours at no greater than two (2) feet intervals;

2)

Locations and amount of topsoil to be stripped and stockpiled onsite (if any);

3)

Percent of the site to be graded;

4)

An earthwork balance designed to limit the import or export of soil; and

5)

Indicate natural flow patterns in drainage design and amount of impervious surface

(d)

Applicant shall submit a draft Landscape plan which shall identify

1)

The location of existing vegetation and the limits of proposed clearing;

2)

All proposed ground cover, Screening and buffering materials, Landscaping and elevations;

3)

Locations of wildlife corridors; and

4)

Landscape maintenance requirements

(e)

Applicant shall submit a visual impact analysis demonstrating project siting and proposed mitigation, if necessary, so that the proposed facility minimizes impacts on the visual character, viewsheds, and/or vistas of the City or County. At a minimum, the visual impact analysis shall include accurate, to scale, photographic simulations showing the relationship of the SECS and its associated equipment and development to its surroundings. The photographic simulations shall show such views of the facility from locations such as property lines, roadways, and/or scenic viewsheds/vistas as deemed necessary by the Zoning Administrator in order to assess the visual impact of the facility. The total number of simulations and the perspectives from which they are prepared shall be as reasonably established by the Zoning Administrator. Visual representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the facility. All visual representations shall include existing, as well as proposed, Buildings and tree coverage

(f)

Applicant shall submit a community impact assessment addressing the impact of the proposed SECS on the immediate vicinity as well as the greater area The assessment shall provide an evaluation of potential impacts together with any plans and proposals for alleviating social and economic impacts upon local governments or special districts and alleviating environmental impacts which may result from the proposed SECS. The assessment shall analyze in specific terms the probable impact of the SECS on the vicinity and community over time. The Zoning Administrator may waive certain elements of the impact assessment where the nature of the proposed SECS makes such elements inapplicable. Specific attention, as may be appropriate to the individual proposal, shall be given but not be limited to the following elements:

1)

An assessment of anticipated employment opportunities to be created by the proposed Development;

2)

An assessment of the anticipated short- and long-term economic impact of the proposed Development;

3)

If the Development is replacing an existing enterprise, including Agriculture or forestry, an assessment of the anticipated impact the current enterprise has on the local economy and how the local economy will be impacted by the loss of the existing enterprise; and

4)

Anticipated socioeconomic changes and impacts to result from the proposed Development

(g)

1)

Prior to submission of the Conditional Use application, Applicant shall meet with the applicable City of Wichita Department of Public Works and Utilities or Sedgwick County Department of Public Works, any appropriate public works department of any city, any appropriate township and/or Kansas Department of Transportation to determine what roads may be used as transportation routes for construction and maintenance, and shall provide a map of all of the route(s) to be used. No Building or construction permit shall be issued until Applicant submits proof that appropriate permits and any required guarantees dealing with road damage or maintenance can be provided A road use agreement and/or other mitigations may be required during project review by the appropriate City of Wichita Department of Public Works and Utilities or Sedgwick County Department of Public Works to address direct costs associated with the maintenance, repair, and improvement of applicable transportation infrastructure.

2)

As part of the application, Applicant shall submit a traffic and transportation assessment of the impact of the proposed SECS, including construction processes, on traffic and transportation infrastructure The traffic and transportation assessment shall include the following

A)

The time of day that operations and construction transport activities are anticipated to occur;

B)

A map showing the desired primary and secondary transportation routes for operations and construction traffic;

C)

Haul route(s);

D)

Characteristics of operations and construction loaded vehicles, including:

i)

Length, height, width, curb weight and gross weight;

ii)

Maximum load capacity;

iii)

Number of axles, including trailers; and

iv)

Distance between axles.

(h)

Applicant shall submit a construction management and mitigation plan addressing traffic control, site access, site security, lighting, hours of construction, mitigation of dust and burning, and plans for staging and storage of materials and Parking. This plan shall indicate all potential detrimental effects expected during both the pre-construction and construction periods, and the effect those may have on local resources.

(6)

For all types of SECS's (Large-Scale, Medium-Scale and Small-Scale) a site plan shall be submitted in compliance with the requirements provided by the Site Plan Guidelines for Conditional Use application and shall also provide the following supplemental information and shall be subject to the following regulations:

(a)

Information shall be provided relative to the solar technology to be used (i e polycrystalline PV, monocrystalline PV, Cadmium Telluride PV, evacuated tube solar thermal, flat plate solar thermal, etc.); approximate number of SECS solar modules/panel structures; system mounting (i.e. fixed-tilt on flat roof, fixed-tilt ground mount, 1-axis tracking ground mount, etc.); the maximum height of the array from the ground or roof surface; the maximum height of any new utility poles; and power capacity of the system, in both DC and AC Watts where applicable; total acreage of array and acreage of total project; manner in which the project will connect (i.e. net meter to existing distribution line, to new distribution line, to transmission line); and, whether a new substation will be constructed. (If so, provide location and size).

(b)

Applicant shall submit easement information for utility connections between noncontiguous portions of the SECS and across roadways, etc.;

(c)

Throughout the duration of the construction, life, and decommissioning of any scale of SECS, Applicant shall maintain appropriate liability insurance, as reasonably determined by the appropriate Governing Body, for the SECS facility and provide proof of coverage prior to the issuance of any permits for construction or development. In particular, the required liability insurance for a Large-Scale SECS shall be in the amounts of at least: $1,000,000 for Worker's Compensation; $1,000,000 for General Commercial Liability; $1,000,000 for Automobile Liability; and $2,000,000 for Umbrella Liability.

(d)

Applicant shall provide information on anticipated slopes No SECS shall be sited, installed or developed on slopes of 15% or greater. Additionally, increased setbacks and buffers from wetlands, creeks/streams, and rivers may be required during project review and approval.

(e)

Applicant shall provide a plan for the collection, proper storage, and removal of damaged panels and components. The collection and/or storage location. the length of time stored prior to removal and the anticipated final disposition of the items shall be specified in the plan.

(f)

All SECS's shall be subject to reasonable access and inspection by the proper officials during normal business hours, or at any time if an emergency situation exists, upon the presentation of proper credentials.

(g)

If a SECS is proposed to be placed within one (1) mile of any airport or airstrip as shown on the Airport and Airstrip Map incorporated herein by reference, Applicant shall provide acknowledgement of location approval from the Federal Aviation Administration prior to construction.

(h)

Applicant shall provide a Solar Glare Hazard Analysis utilizing the latest version of the Solar Glare Hazard Analysis Tool (SGHAT), or its equivalent, per its user's manual to evaluate the solar glare aviation hazard. The full report for each flight path and observation point, as well as the contact information, shall be submitted to the Planning Department at least 30 days before the required public hearing for the Conditional Use approval for the SECS. Any applicable SECS design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the Planning Department for accurate records of the as-built system. The analysis shall provide an assessment of when and where glare will occur throughout the year.

1)

If solar glare is predicted, Applicant shall provide mitigation measures to address the impacts of solar glare. Mitigation measures may include and are not limited to textured glass, anti-reflective coatings, Screening, distance, and angling of solar PV modules/photovoltaic panels in a manner that reduces glare to surrounding land uses of non-participating property owners.

(i)

Applicant shall submit an Environmental Assessment to EPA standards that addresses the project's impact, if any, on: wildlife habitat; bird migration; the projects potential to cause bird and bat strikes or death; officially listed flora and fauna; and flood zones

(j)

Applicant shall provide information that addresses: storm water drainage, soil erosion, sediment control, and will detail how same will be addressed, prevented or enhanced by grading, re-vegetation or other standard construction practices in accordance with the reclamation recommendations of the Sedgwick County Department of Environmental Resources. Damage to existing vegetation shall be minimized. Disturbed areas shall be re-seeded in accordance with the reclamation recommendations of the Sedgwick County Conservation District. Weed control shall be maintained as directed by the Sedgwick County Noxious Weed Department

(k)

Applicant shall provide information on the construction materials generally anticipated to be used in the SECS. The construction materials shall be reviewed by the Director of the Sedgwick County Department of Environmental Resources and Household Hazardous Waste for properties in the unincorporated County, or the Storm Water Engineer, Public Works and Utilities Department for properties in the City. After review of the construction materials, a recommendation shall be forwarded to the Planning Commission concerning approval or denial, as well as a recommendation of what types of potential groundwater contaminants should be tested for. Failure by the Director of the Sedgwick County Department of Environmental Resources and Household Hazardous Waste for properties in the unincorporated County, or the Storm Water Engineer, Public Works and Utilities Department for properties in the City to make a recommendation shall not prevent consideration of the application.

(l)

Applicant shall provide information and test results of any soil and groundwater testing required by the appropriate Governing Body to the Director of the Sedgwick County Department of Environmental Resources and Household Hazardous Waste for properties in the unincorporated County, or the Storm Water Engineer, Public Works and Utilities Department for properties in the City The testing of soil and groundwater shall be based on contaminants of concern, as listed as an EPA regulated contaminant, related to the specific site. Evaluation of test results will be based on current EPA regulations in effect at the time of the tests, which are subject to change. The required information and test results shall be provided in accordance with the following schedule, unless otherwise changed by the appropriate Governing Body during the application review process:

1)

For groundwater:

a)

Prior to the commencement of any construction of the SECS

b)

Periodic testing every five (5) years during the life of the SECS, Additional testing may be required as reasonably determined by the Director of the Sedgwick County Department of Environmental Resources and Household Hazardous Waste for properties in the unincorporated County, or the Storm Water Engineer, Public Works and Utilities Department for properties in the City Prior to any scheduled testing, Applicant shall inform the appropriate above-designated individual of any substantial change in the construction materials used, or to be used, in the SECS. Additional testing may be required as reasonably and directly related to the change in construction materials.

c)

Within ninety (90) days of the completion of the SECS decommissioning and reclamation plan and prior to the release of any financial assurance. If decommissioning and reclamation occurs in phases, the required testing shall be submitted within ninety (90) days of the substantial completion of any such phase.

2)

For soil, testing shall only occur as reasonably requested by the Director of the Sedgwick County Department of Environmental Resources and Household Hazardous Waste for properties in the unincorporated County, or the Storm Water Engineer, Public Works and Utilities Department for properties in the City in relation to spillage or another extenuating circumstance in the area that suggests the soil might have been compromised or contaminated.

(m)

Applicant shall provide a list of all Local, State and Federal agencies requiring approval and a copy of such approval, including all required studies, reports and certifications. In the event that a State or Federal Agency has not yet approved a required study, report or certification, then the enforcement of the conditional use permit shall be subject to receipt of a copy of such approval, unless good cause is shown to the satisfaction of the Planning Department

(n)

The SECS shall not exceed twenty-five feet (25') in height; provided, however, said height restriction shall not apply to substation facilities or transmission lines. Additionally, the maximum height of the lowest edge of any photovoltaic panel shall not exceed ten feet (10').

(o)

All SECS Structures shall be Setback at least one-hundred feet (100') from the project boundary lines, adjacent public road Section Lines or rights of way (whichever provides a greater setback) and private road rights of way. Additional Setbacks may be required to mitigate site specific issues or to provide for access, road or commercial corridors.

(p)

All SECS Structures, including any photovoltaic panels or any BESS, shall be located at least two-hundred fifty feet (250') from any Dwelling Unit not included in the Facility Area.

(q)

All SECS Structures, with the exception of any photovoltaic panels, shall be enclosed by security fencing at least 8 feet in height to restrict unauthorized access

(r)

No SECS shall allow the outdoor Storage of any materials or equipment except that which is necessary for the operation of the SECS, and as shown on an approved site plan.

(s)

On-site communication lines and collection lines are to be generally installed underground. Above ground utility or power lines are generally permitted only in public rights-of-way, easements or other legally dedicated land permitting such uses, or when conditions on-site are found to make installation of such lines or facilities impractical or infeasible, such as existing underground pipelines, utilities or high groundwater. However, alternate installation methods, if requested, may be approved during the review process.

(t)

There shall be no signage allowed on the SECS with the exception of safety and emergency contact Signs, warning Signs, directional or project identification Signs. All SECS's shall install Signs warning that solar and other electrical equipment is located on the property. Additionally, Signs providing a twenty-four (24) hour emergency contact phone number shall also be installed. The required signage shall be installed on private property at all driveway access points to the SECS.

(u)

The SECS should be located to make maximum use of existing terrain, vegetation and Structures to Screen the SECS from offsite views. To the greatest extent possible, the SECS shall retain existing native vegetation, trees and tree lines and should be sited such that non-shading vegetation and/or existing Structures are located between the facility and public and private viewpoints. Landscaping and/or Screening may be required during review and approval to help screen the SECS. Screening shall be provided along any side or rear property line when the SECS is located Adjacent to a Dwelling Unit.

(v)

Applicant shall identify the potential fire risk associated with the SECS, including both prescribed burning and nonprescribed burning

(w)

Project review and approval by the Wichita Fire Department for properties in the City, or Sedgwick County Fire District# 1 for properties in the unincorporated County, is required. Any issues of non-compliance shall be specifically articulated, and in accordance with the adopted fire code, and any amendments thereto.

(x)

No SECS shall be placed such that concentrated solar glare casts onto adjacent properties or roadways.

(y)

No lighting over 15 feet in height shall be installed on renewable energy facilities unless approved as part of the Conditional Use review process and is required by local, state or federal requirements. No light source greater than one foot-candle shall be directed off-site Security or safety lighting of the SECS and accessory structures shall be limited to the minimum necessary and full cutoff lighting (e.g., dark sky compliant) may be required when determined necessary to mitigate visual impacts. Lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky Motion sensor control is preferred.

(z)

Applicant shall provide a SECS site and facility decommissioning and reclamation plan which indicates the planned life of the SECS and the means by which the facility and its site will be decommissioned and reclaimed at the end of the SECS's life. Said decommissioning and reclamation plan shall certify that any owner of land within the SECS has been consulted in development of the decommissioning and reclamation plan If the permit is granted, the plan shall be updated every five (5) years until site decommissioning and reclamation is complete. Before final inspection by public officials, Applicant shall provide evidence that the decommissioning and reclamation plan, and amendments thereto, have been recorded with the Register of Deeds. The decommissioning and reclamation plan shall provide that, at the end of the project's life, or any component of a SECS, all, or the appropriate portion, of the site's equipment and access roads shall be removed from the site and the site shall be returned to original condition, or restored to such condition as to allow a Use compatible with surrounding Uses as determined by the Planning Department, or to such condition as agreed to by the landowner. The landowner may choose to have access roads left intact.

(aa)

The required decommissioning and reclamation plan as outlined in Sec. IIID.6.pp.(6)(z) shall be submitted by the Applicant and provide the following:

1)

Financial assurance that the decommissioning and reclamation plan will be completed in accordance with said plan at the end of the life of the SECS.

a)

The amount of financial assurance shall be the full amount of estimated decommissioning and reclamation cost without regard to the possibility of salvage value.

b)

The estimated decommissioning and reclamation cost shall be recalculated every five years, at which time Applicant shall deposit additional surety if, and in the amount that, the new cost estimate exceeds the existing financial assurance.

c)

The required financial assurance shall be provided by cash held in escrow (most preferred), or in the form of a surety bond In the alternative, the required financial assurance may be provided by any other financial instrument acceptable to, and approved by, the appropriate Governing Body. For any required financial assurance, in addition to standard terms and conditions, the required financial assurance proffered shall either: (1) not have a calendar expiration date, or (2) be callable if not renewed within sixty (60) days prior to expiration.

d)

In the event Applicant is not in compliance with the decommissioning and reclamation plan, the appropriate Governing Body shall have the right to call the financial assurance, and use it to implement and/or complete the decommissioning and reclamation plan. Should there be any remaining balance, the appropriate Governing Body shall have the right to withhold payment of any refund until the decommissioning and reclamation plan is completed to the satisfaction of the appropriate Governing Body.

2)

A statement or proposed agreement that provides that the appropriate Governing Body will be notified in the event of any change of ownership of the SECS.

3)

A statement or proposed agreement that provides for, and sets forth the continuity of the required financial assurance The required financial assurance shall be conditioned such that the required financial assurance shall remain in full force and effect and will survive any change of ownership or operator of the SECS. Any new owner or operator of the SECS shall be bound by, and fulfill all terms and conditions of the required financial assurance.

4)

A statement or proposed agreement that sets forth the estimated or anticipated date the SECS will cease the generation of electrical power, if possible; the timeframe in which the decommissioning and reclamation process will commence after the generation of electrical power of the SECS or any portion thereof ceases; and the duration of the decommissioning and reclamation process. This shall include the date of the commencement of the decommissioning and reclamation process, and the estimated timeframe when the decommissioning and reclamation process will be completed The dates shall be consistent and in conformance with the approved decommissioning and reclamation plan.

5)

A statement or proposed agreement that the appropriate Governing Body will be notified on or about six (6) months prior to, at the commencement of, and at the completion of the SECS decommissioning and reclamation plan.

6)

A statement or proposed agreement that the appropriate Governing Body will be notified when any SECS or portion thereof has not been in active and continuous service for a period of six (6) months

7)

A statement or proposed agreement that provides that any SECS or portion thereof that has not been in active and continuous service for a period of six (6) months shall be removed, with the exceptions of planned repowering or a force majeure event has or is occurring, requiring longer repairs, and with proper evidence provided to the appropriate jurisdiction having authority.

8)

A statement or proposed agreement that provides that the SECS, including all equipment, Structures, photovoltaic panels, fencing and cables or wires (except public utility regulated transmission lines) shall be removed, regardless of depth, within twelve (12) months after the SECS, or any portion thereof, ceases generation of electrical power. However, a property owner may permit any such items located four feet (4') or more below grade to remain.

9)

A statement or proposed agreement that provides that any SECS or portion thereof, shall be re-graded and re-seeded to as natural condition as possible no later than the end of the twelve (12) month period specified in Sec. 11I-D 6.pp.(6)(aa)(8).

10)

A statement or proposed agreement that any groundwater and/or soil testing as required by Sec.11I-D.6.pp.(6)(I) shall be performed as specified therein.

11)

Any of the aforementioned statements or proposed agreements shall be binding upon Applicant(s) of the SECS.

(bb)

Upon final approval of the Conditional Use, construction shall begin within two years from the date of final approval; otherwise, the Conditional Use approval shall be deemed to be null and void unless an extension to begin construction is administratively approved by the Director of Planning. The Director of Planning, with the concurrence of the Zoning Administrator, is authorized to administratively grant a one-time, up to one (1) year extension for construction to begin. Extensions for more than one year require a public hearing and approval by the Metropolitan Area Planning Commission. Construction for a SECS will be considered to have begun once the first array of solar panels has begun to be installed.

(cc)

Any other issues or concerns that are identified relative to a specific request for a Renewable Energy System may be included within the information required for consideration of the Conditional Use approval.

qq.

Short Term Rental in the City. Although listed as permitted Uses in some Districts, Short Term Rental in the City shall always require an Administrative Permit and be subject to Sec. V-L (Administrative Permit review procedures) or a Conditional Use and be subject to Sec. V-D (Conditional Use review procedures) when non-owner occupied and located in the SF-10, SF-5, TF-3, MF-18 and MF-29 Districts. A non-owner occupied Short Term Rental in the City shall be permitted in all other Districts where listed as a permitted Use. An owner occupied Short Term Rental in the City shall be permitted where listed as a permitted Use. Whether allowed by-right, by Administrative Permit approval, or by Conditional Use approval, a Short Term Rental in the City shall be subject to the following standards:

(1)

Permitted only in residential Dwelling Units and permitted Accessory Apartments.

(2)

May be permitted as either a Primary Use or an Accessory Use.

(3)

Not permitted to be in any Recreational Vehicle.

(4)

Must be licensed and operated in accordance with the requirements of Chapter 3.40 of the Code of the City of Wichita.

(5)

Must be in compliance at all times with all applicable zoning, building, fire and life-safety, housing and health codes.

(6)

Must not exceed the posted capacity permitted in accordance with Chapter 3.40 of the Code of the City of Wichita.

For the purposes of this Section, owner occupied shall mean any Dwelling Unit in which the owner resides and which is the owner's primary place of residence. In order to be considered owner-occupied, the owner must be onsite during the period of time the unit(s) is rented as a Short Term Rental.

7.

Accessory Uses. Principal Uses specified as Permitted Uses or Conditional Uses by the District regulations of this article shall be deemed to include Accessory Uses and activities that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the Principal Uses allowed in zoning Districts. Accessory Uses and activities shall be subject to the same regulations as apply to Principal Uses in each District, except as otherwise provided in these regulations (See Sec. III-D.7.e).

a.

Agricultural Accessory Uses. In addition to the Accessory Uses specifically listed in Sec. III-D.7.b, agricultural Uses shall include Accessory Uses and activities customarily associated with agricultural operations, as determined by the Zoning Administrator.

b.

Residential Accessory Uses. Residential and agricultural Uses shall include, but not be limited to, the following Accessory Uses, activities and Structures:

(1)

Antennas and support structures for AM/FM radio and television reception, amateur radio, and private dispatch systems;

(2)

Gardens;

(3)

Garage sales;

(4)

Garages, carports and Private Parking Areas;

(5)

Gates and guard houses;

(6)

Mobile Food Unit in the City, accessory to a construction site of two acres or larger

(7)

Storm shelters and fallout shelters;

(8)

Home Occupations, subject to Sec. IV-E;

(9)

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;

(10)

Recreational and play facilities for the use of residents;

(11)

Solar energy systems;

(12)

Storage of Vehicles and equipment in the City.

(a)

The following Accessory Uses shall be permitted in the City of Wichita when such are the personal property of the occupant of the Dwelling Unit, provided that such Accessory Uses shall not occupy any part of the required front Yard and/or required street side Yard:

1)

Motor Vehicles (except Inoperable Vehicles);

2)

Boats;

3)

Trailers that are exempt from Motor Vehicle registration by the State of Kansas or are registered or are required by law to be registered with a 2M+ Kansas license plate; and

4)

Unoccupied Recreational Vehicles.

(b)

No Outdoor Storage of equipment, materials or Vehicles used in a Home Occupation shall be allowed as a residential Accessory Use.

(13)

Parking for more than 72 hours and/or storage of Motor Vehicles and equipment in the County.

(a)

The following Accessory Uses shall be permitted in the unincorporated area of the County when such are the personal property of the occupant of the Dwelling Unit and are Screened as specified in Section 19-22 of the Sedgwick County Code:

1)

Parking and/or storage of Motor Vehicles whether operable or inoperable;

2)

Parking and/or storage of boats;

3)

Parking and/or storage of Trailers that are exempt from Motor Vehicle registration by the State of Kansas or are registered or are required by law to be registered with a 8M Kansas license plate;

4)

Parking and/or storage of unoccupied Recreational Vehicles;

5)

storage of construction equipment with less than 50 horsepower.

(b)

No Outdoor Storage of equipment, materials or Vehicles used in a Home Occupation shall be allowed as a residential Accessory Use except as otherwise permitted by Sec. IV-E.6.

(14)

Other necessary and customary Uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the Principal Use on the Lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator as a means of ensuring land use compatibility.

c.

Commercial and industrial, manufacturing and extractive Accessory Uses. Commercial Uses shall include, but not be limited to, the following Accessory Uses, activities and Structures:

(1)

Antennas and support structures for AM/FM radio and television reception, amateur radio, and private dispatch systems;

(2)

Dwelling Units for security or maintenance personnel;

(3)

Gates and guard houses;

(4)

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the Principal Use;

(5)

Gift shops, newsstands and similar commercial activities operated primarily for the convenience of employees, residents, clients, or visitors to the Principal Use;

(6)

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

(7)

Parking Garages and off-street Parking Areas;

(8)

Recreation areas and facilities for the use of employees;

(9)

Other necessary and customary Uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the Principal Use on the Lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator as a means of ensuring land use compatibility.

d.

Public and civic Accessory Uses. Public and civic Uses shall include Accessory Uses and activities customarily associated with the purpose and function of the Principal Use, including but not limited to the following:

(1)

Refreshment stands and food and beverage sales located in uses involving public assembly;

(2)

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, patients or visitors to the Principal Use;

(3)

Gift shops, news stands and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients or visitors to the Principal Use;

(4)

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

(5)

Other necessary and customary Uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the Principal Use on the Lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator as a means of ensuring land use compatibility.

e.

Accessory use development and performance standards. The following property development standards shall apply to all Accessory Uses and Structures in the most restrictive District through the MH District unless otherwise specifically provided.

(1)

Rear Setback. Accessory Structures shall be set back at least ten feet from the centerline of any platted or dedicated Alley, and if no Alley exists, then five feet from the rear Lot Line. Accessory Structures may not utilize more than one-half of any required rear Yard.

(2)

Front Setback. Accessory Structures shall not be located nearer to the front property line than the Principal Structure except on Lots five acres or more in area where the Front Setback for Accessory Structures shall be the same as required for Principal Structures.

(3)

Side Setbacks. Accessory Structures shall comply with the Side Setback standards for Principal Uses, provided that an Accessory Structure shall not be required to set back more than three feet from an interior side Lot Line when all parts of the Accessory Structure are located more than one-half the depth of the Lot behind the front property line. Accessory Structures may not utilize more than one-half of any required side Yard.

(4)

Corner Lot Setbacks. Whenever located on a Key Lot, Accessory Structures shall not project beyond the Front Setback line required on the Lot in the rear of such Key Lot.

(5)

Setbacks from easements. No Accessory structure shall be located on any platted or recorded easement, or over any known utility.

(6)

Height. No Accessory Structure shall exceed 60 percent of the allowable height requirements of the District unless the Accessory Structure conforms to all Setback requirements for Principal Structures in that District.

(7)

Building separation. Unless attached to the Principal Structure, Accessory Structures shall be located at least three feet from the Principal Structure.

(8)

Required Parking. No Accessory Structure or Use shall eliminate or reduce the amount of off-street Parking or Loading required by this Code.

(Ord. No. 52-266, §§ 2, 6, 9-19-2023; Ord. No. 52-267, § 2, 9-26-2023; Res. No. 234-2023, § 2, 10-25-2023; Res. No. 248-2023, § 2, 11-15-2023; Res. No. 256-2023, § 1, 12-6-2023; Ord. No. 52-309, § 1, 12-19-2023; Ord. No. 52-317, § 2, 1-9-2024; Res. No. 038-2024, § 2, 2-21-2024; Res. No. 165-2024, § I, 8-14-2024; Ord. No. 52-729, §§ 9, 10, 5-13-2025)