A.

Setback requirements. The principal structure shall meet the setback requirements of the underlying Zoning District. All outdoor recreational facilities, including accessory courts, fields, and/or other similar structures, shall maintain a minimum setback of fifty (50) feet from all property lines. The Planning Commission may evaluate such facilities on a case-by-case basis and allow exceptions to the setback requirement when the facility provides adequate visual screening, noise reduction, light shielding, and any other applicable mitigation techniques to reduce impact on surrounding properties.

B.

Lighting. All outdoor lighting for recreational facilities shall comply with the Performance Standards for lighting within Chapter 17.58.060.

C.

Noise. Public address system or any other amplified noises are prohibited between the hours of 10:00 p.m. and 8:00 a.m., unless otherwise approved by the Governing Body.

D.

Parking. All parking areas and spaces shall have asphalt or concrete surfaces.

(Ord. 3337, 2020)

A.

All communication towers including radio and television towers, more than sixty (60) feet in height measured as provided in Section 17.84.010 shall be located on a plot of land not less than that prescribed by the Planning Commission and shall be at such height as shall be prescribed by the Planning Commission. The Planning Commission shall require that the applicant demonstrate that the height is not detrimental to the general health, welfare and character of the community.

B.

A tower shall have a setback, in all directions with the property lines, at least equal to the height of the tower. However, the Planning Commission may allow a lesser setback upon demonstration by the applicant that the setbacks are sufficient to insure, that in case of collapse, the tower would fall within the setback radius. The applicant shall submit an analysis prepared by a qualified structural engineer registered in the state certifying the minimum setback required for the specific tower being proposed. In no event shall the setback be less than two-thirds (⅔) the height of the tower. In addition, a tower with a setback less than the height of the tower shall be inspected and approved at the time of construction by a qualified structural engineer registered in the state. Such towers shall also be inspected by the registered engineer at least once every five (5) years to ensure the structural integrity and safety of the tower.

A.

Special Considerations. The proposed operation shall not contribute to soil erosion by water and/or wind, nor shall it adversely affect soil fertility, drainage and lateral support of abutting land or other properties.

B.

Hours of Operation. In residential districts or within one thousand (1,000) feet thereof, there shall be no operations between 7:00 p.m. and 8:00 a.m. nor on Saturdays, Sundays or legal holidays.

C.

Fencing. When any open excavation will have depth of ten (10) feet or more and create a slope of more than thirty (30) degrees, there shall be a substantial fence, at least six (6) feet high with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located fifty (50) feet or more from the edge of the excavation.

D.

Slope. The slope of material in any excavation shall not exceed the normal angle of repose or forty-five (45) degrees, whichever is less.

E.

Access Roads. That portion of an access road within the area of permit and located within five hundred (500) feet of a plot line shall be provided with a dustless surface.

F.

Minimum Distance from Plot Lines. The top of the natural slope in cut for any excavation and any mechanical equipment shall not be less than fifty (50) feet from any plot line.

G.

Rehabilitation of the Site. Before a special permit is granted a plan for rehabilitation, showing both existing and proposed final contours, shall be submitted and approved. After any such operations the site shall be made reusable for a use permitted in that district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Governing Body. Fill shall be of a suitable material approved by the Governing Body.

H.

Performance Bond. Before the issuance of any special permit, the owner shall execute a bond sufficient, in the opinion of the Governing Body, to secure the aforesaid rehabilitation of the site in accordance with the plan specified in subsection (G) of this section. Such bond shall also be approved by the Governing Body as to form, sufficiency and manner of execution, and shall run for the same term as the term of the special permit.

A.

Yards, Spacing of Buildings and Screening. No building, tent, activity area or recreation facility shall be less than three hundred (300) feet from any plot line.

B.

Minimum Area. The minimum plot shall be at least ten thousand (10,000) square feet per cottage, tent or other principal building.

C.

Operations. The Governing Body may impose reasonable conditions regarding outdoor lighting and noises.

A.

It is the intent that Homeless Shelters (standalone, temporary, and accessory) be allowed in all Zoning Districts not included within the Table of General Use Regulations (SMC 17.51) with the approval of a Special Use Permit.

B.

It is the intent that Emergency Disaster Shelters and Crisis Shelters (standalone, temporary, and accessory) be permitted in all Zoning Districts not included within the Table of General Use Regulations (SMC 17.51).

C.

Application Requirements. The following information must be provided for review of all shelter operations:

1.

A management plan in compliance with the following: Shall include a floor plan that demonstrates compliance with the physical standards required by the Building Code and Fire Code. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the City. The plan shall be based on best practices and include, but not be limited to, a safety and security plan, procedures list, list of services, staff training, a "good neighbor" communication plan, client transport and active transportation plan, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to the Johnson County/Kansas City Metropolitan Area homeless population, and participation in data collection for local programs. The plan shall detail plans to assist with various County and State programs. The plan shall acknowledge that the City may inspect the facility at any time for compliance with the facility's management and operation plan and other applicable laws and standards.

2.

Facility information such as fire protection information, square footage, other building tenants (if applicable), and on-site parking count;

3.

Scope of work for proposed subject site and facility improvements necessary to meet City codes or facility needs; and

4.

Any additional information as deemed appropriate by City Staff and/or requested by the Planning Commission or City Council.

D.

All Homeless Shelters and Crisis Shelters are required to obtain a Business License in accordance with Shawnee Municipal Code Title 5.04.

E.

All Homeless Shelters and Crisis Shelters are required to have fire suppression and a fire alarm system.

F.

Building Code and Fire Code review is required for all shelters.

G.

Time Extensions for Temporary Shelters. A time extension beyond the maximum of ninety (90) days for no more than an additional ninety (90) days may be requested in extenuating circumstances. Extension requests shall be submitted to the Community Development Department and shall detail the reason for the request. The City Manager or their designee shall review the extension request. Approval is not guaranteed.

(Ord. 3350, 2021)

Operations with respect to these uses shall be carried on within a building completely enclosed with walls and roof or within a yard completely enclosed on all sides, except on a side or portion of a side abutting a building, by a wall or cyclone type fence at least ten (10) feet high. The Governing Body may modify the above requirements where a railroad track adjoins or enters the property. There shall be only one (1) opening in the wall or fence facing any public street or alley for each three hundred (300) feet of length. The opening shall not exceed twelve (12) feet in width and shall be provided with a gate or door ten (10) feet in height and solidly enclosed, which must be kept closed except for access of vehicles. No such use shall be granted within five hundred (500) feet of any commercially or residentially zoned district. A buffer shall be provided of one hundred (100) feet on all sides of the property which shall be fully landscaped and screened.

Special use permits for discotheques, dancehalls, billiard parlors, amusement centers, arcades and facilities for recreational establishments housing pinball machines, air hockey, foosball and similar coin-operated amusement apparatus and other commercial recreational establishments shall be subject to the following standards of performance and conditions:

A.

Location. A special permit may be granted when the distance between the walls of the facility within which the operation is located and the nearest residential property carrying a zoning classification of residential, as well as any other equivalent planned residential zoning district, is over two hundred (200) feet.

B.

Parking. No special use permit will be granted unless on-site parking is available in the following quantities:

1.

One (1) parking space for each three (3) occupants calculated by building code standards;

2.

Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for or applied to meeting the parking requirements for any other business or land use.

C.

Time Period. The initial special permit may be granted for a period up to twelve (12) months with renewals granted for four-year periods thereafter provided all standards of performance are being met.

D.

Noise. In no case shall the noise generated by this operation or its patrons exceed fifty (50) dbA at any point along or adjacent to a residential property line.

E.

Trash. All facilities shall provide enclosed trash structures either inside or outside of the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management will be responsible for the policing of all trash associated with the operation of this facility.

Special use permits for heliport pads shall be subject to the following standards of performance and conditions:

A.

Location. The location of a heliport pad shall be limited to properties which have been developed with an armory or other such state or federal public safety use for the express purpose of moving troops, personnel, and/or equipment; hospitals, or other similar acute care facility for the express purpose of transferring patients to another such facility to receive a higher or more specialized level of care. Ground based heliport pads shall be located in areas of the site furthest from any adjacent single family residential development.

B.

Minimum Distance to Plot Lines. No area to be used by aircraft under its own power shall be less than two hundred (200) feet from any plat line.

C.

Surfacing. Any areas to be used by aircraft under its own power shall be provided with a dustless surface.

D.

Fencing. Access to areas used by aircraft in motion shall be controlled by fences and gates.

E.

Additional Regulation. Heliports and their surrounding areas are subject to other applicable federal, state, county, and local regulations.

Outdoor patio areas, accessory to a business, for the sale or service of food and beverages, including alcohol, may be provided with the following provisions:

A.

Site Plan. An approved site plan for the outdoor area shall be required.

B.

General Requirements. The following general requirements shall be satisfied:

1.

Amplified music or noise shall not be permitted;

2.

The patio area shall be included in calculating off-street parking requirements;

3.

The patio area shall be physically defined space and shall not impede the flow of pedestrian traffic;

4.

Lighting shall be designed so that it does not negatively impact adjacent properties;

5.

The patio area shall have an established occupancy limit per City Fire Code standards;

6.

If the patio area is located on a public sidewalk, a special use permit shall be required and the property owner assumes liability of the defined areas and agrees to indemnify the City of Shawnee from any liability, attorney's fees, costs and expenses incurred as a result of the patio operation and shall provide the City proof of liability insurance on the premises annually with the coverage extending through the period of the occupational license;

7.

The proposed use does not adversely impact the public health, safety, comfort, or general welfare.

For the purposes of this Chapter "wind energy conversion systems (WECS), means any device or combination of devices including, but not limited to, wind chargers, windmills and wind turbines, which converts wind energy into another usable form of energy; the term shall include all associated support structures and transmission lines, and may be an accessory use subject to the following provisions:

A.

Principal use for WECS. The principal use of the WECS shall be the powering of the primary structure. Incidental selling of power back to the electric grid from an accessory structure shall not constitute a commercial use. A WECS located in a residential zoning district and in the agricultural zoning district not used as a wind farm shall not produce in excess of ten (10) Kws. A WECS in an office, commercial, and industrial zoning district shall not produce in excess of one hundred (100) Kws. If principal use of a series of WECS units as a wind farm to generate power back to the electric grid may be approved with a special use permit in the agricultural or industrial zoning districts provided the wind farm is located on platted land of at least one hundred twenty (120) acres under the same ownership. WECS used in a wind farm may be a large/utility scale wind turbine that has a rated capacity of more than one hundred (100) Kw.

B.

Number of Units. One (1) WECS may be located on a residentially zoned property as an accessory use. A WECS may be in addition to any other accessory structure located on the property. One (1) WECS may be located on properties zoned other than residential. More than one (1) WECS may be placed on properties zoned other than residential may be approved with a special use permit, provided the cumulative production of energy does not exceed one hundred (100) Kw, except for wind farm operations.

C.

Location. A WECS may be located in any zoning district within the City as an accessory use provided all conditions provided in this Chapter are satisfied. The WECS may not be located in any front yard, and may be located within a side yard, provided all conditions in this Chapter are satisfied, upon granting of a variance by the Board of Zoning Appeals.

D.

Height of structures and setbacks. A ground mounted WECS shall not exceed sixty (60) feet in height in a residential zoning district, as a permitted use, and shall meet all other requirements set forth in this Chapter. The Planning Commission may consider a greater height of the WECS with a special use permit provided a setback greater than or equal to the overall blade tip height of the WECS to the ground from any property line is maintained, and the size of the lot exceeds two (2) acres in size. The maximum height of a WECS in a commercial, industrial, or office zoning district shall be determined by the maintenance of a setback from all property lines at least a height greater than or equal to the overall blade tip height of the WECS to the ground, a WECS meeting these standards shall be an allowed use The Planning Commission and Governing Body with a special use permit may consider a taller WECS in these zoning districts provided a setback from all commercial, industrial and office zoned property lines at least two-thirds (⅔) the height of the structure measured to the overall blade tip height is maintained, and a setback equal to the overall blade tip height of the WECS to the ground from any agriculturally or residentially zoned property is maintained. In no event shall the overall blade tip height of the WECS exceed one hundred twenty (120) feet in the commercial, industrial and office zoning districts. A taller WECS may be allowed in the industrial zoning district if part of a wind farm, and is subject to a special use permit. All setback measurements are made from the center of the base of the structure. A roof mounted WECS structure no greater than fifteen (15) feet in height may be placed on a structure, provided the overall height of the structure and the mounted WECS does not exceed the above mentioned requirements for the zoning district in which it is located. Except as provided by the above mentioned requirements for a special use permit, no additional variances from the above mentioned requirements may be given.

E.

WECS in Agricultural districts. A ground mounted WECS shall not exceed one hundred twenty (120) feet in height measured to the overall blade tip height of the WECS to the ground. A taller WECS may be permitted with approval of a special use permit. In all cases, the setback from the center of the base of the structure to adjoining property lines shall be equal to the overall blade tip height of the WECS to the ground.

F.

Self-supporting structures and anchoring. All tower structures shall be of monopole construction unless attached to a structurally reinforced roof where such support is not warranted. No lattice structures shall be permitted. Towers requiring guy wire support shall be limited to lots of one (1) or more acres and all guy posts, poles, or similar anchoring structures shall not be located in any required front yard, and shall be located at least twenty-five (25) feet from all side and rear lot lines.

G.

Noise. The noise generated by a WECS shall not exceed sixty (60) dbA at the property line.

H.

Materials. A neutral, including white, non-reflective exterior color designed to blend with the surrounding environment shall be required for all WECS.

I.

Screening. All appurtenant structures to the WECS shall be screened from view (except for wind farms) by fencing and vegetation, and/or located in an underground vault.

J.

Lighting. A WECs shall be lighted only if required by the Federal Aviation Administration.

Lighting of other parts of the WECS, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

K.

Signage prohibited. Commercial advertising is strictly prohibited. Signs shall be limited to the manufacturers or installer's identification, and appropriate warning signs (e.g. electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment and the wind turbine.

L.

Minimum Blade Clearance. The blade tip clearance for micro wind turbines (those that produce ten (10) Kw or less) shall, at its lowest point, have a ground clearance of not less than fifteen (15) feet. The minimum blade clearance for any other wind turbine shall be thirty (30) feet.

The intent of this section is to facilitate the use of solar energy in all zoning districts, and to establish performance standards that preserve neighborhood character and mitigate potential impacts to surrounding property. This section is not intended to protect or guarantee a property owner's access to sunlight.

For the purposes of this chapter the term solar energy collection systems (SECS) will apply to thin photovoltaic cells, solar energy conversion systems and other solar apparatus that collect sunlight energy to generate electricity, to heat or cool a structure, or to heat a water source.

A.

All SECS shall comply with the City of Shawnee's adopted codes, and permits shall be obtained prior to installation.

B.

Primary use of any SECS in residential or agricultural zoning districts shall be for power, heat, or cooling systems within the principal (or accessory) structure. Incidental selling of power back to the electric grid from a SECS shall not constitute a commercial use.

C.

Installation of SECS on a sloped roof. SECS mounted on the front (street) side of a sloped roof shall be mounted parallel with the roof plane and shall not extend more than thirty (30) inches out from the roof plane. SECS mounted on the back side of a sloped roof can be of tilt-up design, but shall not extend more than forty-eight (48) inches above the roof plane. In no case shall an SECS extend above the roof peak.

D.

Installation of SECS on a flat roof. When SECS are located on a flat roof with no parapet wall, the collector panels shall be mounted parallel with the roof so their view is minimized. SECS collector panels may be located anywhere on flat roofs with adequate parapet height to screen the view of said collector panels from adjacent streets. Tilt-up design collector panels are allowed on flat roofs with parapet walls, but the collector panel shall not extend above the top of the parapet wall.

E.

Within commercial and industrial zoning districts, SECS may be mounted on the side and/or back wall of a building provided Site Plan approval is granted by the Planning Commission. Wall-mounted solar collector panels may not extend more than forty-eight (48) inches beyond the wall plane, and shall encroach no more than forty-eight (48) inches into any required side or rear yard area. Collector panels shall not extend above the wall on which they are mounted.

F.

Ground-mounted SECS in residential and agricultural zoning districts. Ground-mounted SECS shall be located in the rear yard and shall be setback a minimum of ten (10) feet from any side or rear property line. Ground-mounted SECS shall not exceed six (6) feet in height from finished grade. For residential lots less than one (1) acre in size, the surface area of the ground-mounted SECS shall not exceed two percent (2%) coverage of total lot area, with a maximum coverage of two hundred (200) square feet. For residential lots one (1) acre or larger in size, the surface area of the ground-mounted SECS shall not exceed two percent (2%) coverage of the total lot area, with a maximum lot coverage of one thousand two hundred (1,200) square feet. All utility lines service the SECS shall be placed underground. Ground-mounted SECS are exempt from accessory structure provisions found in SMC Chapter 17.60.

G.

Ground-mounted SECS in commercial and industrial zoning districts shall require Site Plan approval by the Planning Commission, and shall be accessory to the principal building use. SECS in commercial and industrial areas shall meet the bulk setback requirements of said zoning district. Height and surface area of grounded-mounted SECS in commercial and industrial areas shall be as approved by the Planning Commission. The Planning Commission may require fences, landscaping and/or berms to screen ground-mounted SECS from adjacent streets. All related utility lines shall be placed underground.

H.

SECS may be attached to parking lot light poles to provide electricity for the fixture. The SECS may be of tilt design, but in no case shall the SECS extend more than three (3) feet above the top of the light fixture. Solar collector panels on light poles shall be painted to match the color of the light pole and fixture.

All animal-related establishments designated within SMC 17.51 shall abide by the following requirements. Private residential outdoor animal activity areas, kennels, and runs are exempt from the requirements of this Section.

A.

Outdoor Animal Activity Areas.

1.

City approval is required for all outdoor animal activity areas.

a.

New Developments/Special Uses: Site Plans for outdoor animal activity areas related to new development or a business seeking approval for a Special Use Permit will be reviewed in conjunction with the Planning Commission application.

b.

Existing Developments: Site Plans for new or revised outdoor animal activity areas will be reviewed administratively by the Planning Division.

2.

Setback Requirements.

a.

All outdoor animal activity areas shall be set back a minimum of twenty-five (25) feet from adjacent residentially zoned property lines. Buffering/screening measures (such as fencing and/or landscaping) may be required to mitigate impacts.

b.

No setback is required between an outdoor animal activity area and an adjacent agriculturally zoned, commercially zoned, or industrially zoned parcel.

3.

Use.

a.

Outdoor animal activity areas are restricted to use between the hours of 8:00 a.m. and 8:00 p.m.

b.

At least one (1) employee or volunteer shall supervise animals within outdoor animal activity area. Outdoor animal activity areas shall not be left unattended.

c.

Outdoor animal activity areas shall include surfacing and drainage that connects to an approved sanitary facility.

B.

Outdoor Animal Kennels.

1.

City approval is required for all outdoor animal kennels.

a.

New Developments/Special Uses: Site Plans for outdoor animal kennels related to new development or a business seeking approval for a Special Use Permit will be reviewed in conjunction with the Planning Commission application.

b.

Existing Developments: Site Plans for new or revised outdoor animal kennels will be reviewed administratively by the Planning Division.

2.

Setback Requirements.

a.

All outdoor animal kennels shall be set back a minimum of twenty-five (25) feet from adjacent property lines. Buffering/screening measures (such as fencing and/or landscaping) may be required to mitigate impacts.

3.

Use.

a.

Outdoor animal kennels may be left unattended.

b.

Outdoor animal kennels shall include surfacing and drainage that connects to an approved sanitary facility.

C.

Outdoor Animal Runs.

1.

City approval is required for all outdoor animal runs.

a.

New Developments/Special Uses: Site Plans for outdoor animal runs related to new development or a business seeking approval for a Special Use Permit will be reviewed in conjunction with the Planning Commission application.

b.

Existing Developments: Site Plans for new or revised outdoor animal runs will be reviewed administratively by the Planning Division.

2.

Setback Requirements.

a.

All outdoor animal runs shall be set back a minimum of twenty-five (25) feet from adjacent residentially zoned property lines. Buffering/screening measures (such as fencing and/or landscaping) may be required to mitigate impacts.

b.

No setback is required between an outdoor animal run and an adjacent agriculturally zoned, commercially zoned, or industrially zoned parcel.

3.

Use.

a.

Outdoor animal runs may be left unattended.

b.

Outdoor animal runs shall include surfacing and drainage that connects to an approved sanitary facility.

D.

Sound.

1.

All animal-related facilities shall not create nuisance from animal noise.

2.

Soundproofing may be required for the interior of the building.

3.

The City may restrict hours for indoor and/or outdoor activities.

(Ord. 3386, 2021)

1.

A retail storefront is required in conjunction with the artisanal manufacturing use. The retail storefront must be a minimum of one hundred fifty (150) square feet in size and be located on the ground floor.

2.

The product(s) produced on-site must be sold in-store.

3.

Where adjacent to single-family residential district, screening and buffer areas may be required to be provided as determined by the Community Development Director or their designee.

(Ord. 3437, 2022)