The intent of the CH (Commercial Highway) district is to provide more intense retail and wholesale sales and services with limited warehousing activities along divided four-lane limited access arterial streets. The district allows a variety of hospitality related uses. Outdoor unroofed display may be allowed when contained within an area that is constructed as an integral part of the building. The intent of the CH Overlay district is to further enhance the quality of development and allowed uses at the entrance to the City along Shawnee Mission Parkway.

In the CH zoning district, the uses permitted by right and allowed by special use permit of the Governing Body are listed in Chapter 17.51, Table of General Uses. The City has created an overlay district on properties located in the Commercial Highway zoning district zoned CH as of January 1, 2003 along Shawnee Mission Parkway between the east City limits and Jaycee Drive (Flint Street). These properties are designated on the zoning map as CH(O). The uses allowed by right and by special use permit of the Governing Body are listed in Chapter 17.51, Table of General Uses in the CH column, and are identified with the (O) designation.

In the CH district, permitted accessory uses shall be as follows:

A.

Accessory storage of retail goods to be sold or delivered to customers on the premises;

B.

Accessory services of goods;

C.

Accessory parking and loading signs;

D.

Accessory production and servicing of goods, within enclosed buildings;

E.

Accessory storage;

F.

Living quarters with or without kitchen facilities for the use of the hotel/motel manager or caretaker and their family located within the hotel/motel.

In the CH district, the additional use regulations shall be as listed below. Some of the additional use regulations will not apply in the CH(O) designated area as some of the uses are not allowed. The additional use regulations shall be as follows:

A.

Any use permitted in this district and located on a plot, and plot line of which lies within twenty-five (25) feet of a residential district boundary, shall be screened along such plot line.

B.

Public utility rights-of-way, substations, pumping stations and municipal and civic buildings shall be housed in structures that harmonize with the character of the surrounding neighborhood and where adjoining residential zones have a buffer area where local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.

C.

In addition to the particular requirements listed for any special use permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.

D.

Buffer areas of at least fifty (50) feet shall be required for special permit uses, with the exception of home occupations requiring a special use permit; however, the Governing Body may reduce the width of buffer areas where local conditions and substitute protection for neighboring properties is reasonable as indicated. Buffer areas shall always be landscaped, screened, bermed if necessary, when adjacent to a residential neighborhood and will not create drainage problems and adequate yard area exists, and maintained in harmony with the landscaping and natural growth in the neighborhood.

E.

Any use permitted in this district within twenty-five (25) feet of a residential district boundary shall be screened along such plot line.

F.

A site development plan showing property uses for the entire area being considered for rezoning under the ownership of the applicant requesting rezoning may be filed for informational purposes at the time of a request for a change in zoning to the CH district. Such site plan may at the applicant's or staff's request be submitted to the Planning Commission concurrently with the rezoning request. Such site plan shall not be incorporated into the rezoning ordinance. The site plan shall be considered as and shall in all respects have the same effect as a site plan submitted pursuant to SMC Title 17, Chapter 56.

G.

All retail sales and service establishments and accessory storage and servicing of goods shall be within completely enclosed buildings. No production of goods is permitted and all processing and servicing of goods shall be limited to fifty percent (50%) of the floor area.

H.

A filling station located on a plot, any line of which lies within twenty-five (25) feet of a residential district shall be screened along such plot line and any floodlighting shall be arranged so that there will be no glare of lights toward such district boundary or any adjacent street. All facilities and service islands, canopies, etc., shall be setback from the road or roads the same distance as required for buildings. Such regulations shall apply to parking lots and parking garages.

I.

No tavern shall be located within three hundred (300) feet of any residential district. Additionally, the distance requirements established in Section 5.08.050 of the Shawnee Municipal Code shall apply.

J.

All equipment, supplies and vehicles in contractors' yards shall be completely screened from surrounding properties by a solid board fence. Other screening shall be carried on within completely enclosed buildings and the floor area used for such purposes shall be limited to ten thousand (10,000) square feet.

K.

The following uses and all storage of goods accessory to such uses shall be completely screened or within completely enclosed buildings: Retail and wholesale sales and service establishments (except sales of agricultural products, automobiles, trucks and monuments), printing shops, commercial recreational establishments (except carnivals and circuses, driving ranges and miniature golf courses), parking garages, automotive repair shops, auto laundries and warehouses. Outdoor seasonal display may be allowed provided the display is located within an enclosed area which is screened with a solid material and is located on a hard surface attached to the side or rear of the building with site plan approval; or outdoor seasonal display may be provided along a paved sidewalk immediately adjacent to the building extending no greater than one-half (½) the width of the sidewalk, but in no event shall less than four (4) feet of unobstructed area from the outside edge of the sidewalk toward the building be provided between March 15th and October 31st. Firewood and windshield wash may be allowed on the sidewalk adjacent to the building as set out in these regulations with a special event permit approved by the Planning Commission between November 1st and March 15th. The Planning Commission may limit the size of the display. No other merchandise shall be placed along the sidewalk in front of a business without obtaining a special event permit for a sidewalk sale. No outdoor seasonal display as provided in the definition for such use shall be undertaken in a parking lot area without approval of a site plan by the Planning Commission and obtaining a special event permit in accordance with Section 17.67 of these regulations for an outdoor seasonal display. Outdoor display of building materials such as sheetrock and lumber may be undertaken behind a solid screen wall under a canopy, which is attached as an integral part of the structure, upon receiving site plan approval from the Planning Commission, provided the display is not visible from the front of the building, and subject to a listing of materials approved by the Planning Commission.

L.

Automobile laundry facilities shall provide reservoir space on the as required by the Johnson County Wastewater District.

M.

Bus stations shall provide no maintenance or repair services or allow the storage of commercial vehicles on the premises and shall provide sufficient off-street parking space for passengers and employees.

N.

Any single-family residential structure located in this zoning district on the effective date of this regulation, shall be treated as an allowed use, and may be replaced due to disaster, or may have additions made which conform to setbacks established in the agricultural zoning district.

(Ord. 3386, 2021)

A.

Maximum height: The maximum height requirement in the CH zoning district is forty-five (45) feet.

B.

Minimum lot area: Ten thousand (10,000) square feet.

C.

Minimum lot width: Two hundred (200) feet along a public or private street for motels and hotels, and one hundred (100) feet along a public or private street for all other uses.

D.

Minimum yard setback requirements:

1.

Front yard: Seventy-five (75) feet for hotels and motels and thirty (30) feet for all other uses.

2.

Rear yard: Seventy-five (75) feet for motels and hotels, thirty-five (35) feet for tourist homes and rooming houses and twenty-five (25) feet for all other uses. Such rear yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.

3.

Side yard: Fifty (50) feet for motels and hotels, thirty (30) feet for tourist homes and rooming houses, and for all other uses, when abutting a nonresidential district, none is required, but if provided it shall be at least ten (10) feet wide. When abutting a residential district it shall be a minimum of twenty (20) feet wide. Such side yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.