In order to classify, regulate, and restrict the location of trades, industries, residential uses, and other uses; the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open spaces surrounding buildings; and to regulate and restrict the density of population, the city's zoning jurisdiction is divided into districts designated as follows:

(Ord. No. 3826(1), art. VI, § 1, 7-3-2001)

The boundaries of the zoning districts are shown on the map and/or sections thereof attached to the ordinance from which these zoning regulations are derived and made a part of these zoning regulations, which map is designated as the "zoning map," City of Wellington, Kansas. The zoning map and all the notations, references, and other information shown thereon are a part of these zoning regulations and have the same force and effect as if said map and all the notations, references, and other information shown thereon were all fully set forth or described herein. Copies of the zoning map are properly attested and are on file with the city clerk.

(Ord. No. 3826(1), art. VI, § 2, 7-3-2001)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this regulation, the following rules apply:

(1)

The district boundaries are section lines, or the centerline of roads, streets or alleys, unless otherwise shown.

(2)

Where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this regulation are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.

(3)

In cases where the foregoing rules do not apply, the district boundary line on the map accompanying and made a part of this regulation shall be determined by the use of the scale appearing on the map.

(Ord. No. 3826(1), art. VI, § 3, 7-3-2001)

All territory which may hereafter be annexed to the city shall be in the A-L agricultural district, except when such land has been zoned in the county, it shall retain the same district classification as it had in the county until otherwise changed by ordinance.

(Ord. No. 3826(1), art. VI, § 4, 7-3-2001)

All territory which may hereafter be included under the control of these regulations due to extension of the three-mile jurisdiction as a result of annexation shall be in the A-L agricultural district unless otherwise changed by ordinance.

(Ord. No. 3826(1), art. VI, § 5, 7-3-2001)

State Law reference— Extraterritorial jurisdiction, K.S.A. 12-754.

The A-L agricultural district is intended to provide a location for land situated on the fringe of the urban area to be used for a full range of agricultural purposes, but which will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, and intensity of use of land authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

(Ord. No. 3826(1), art. VII, § 1, 7-3-2001)

In the A-L agricultural district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed in section 40-66.

(Ord. No. 3826(1), art. VII, § 2, 7-3-2001)

The following uses are permitted in the A-L agricultural district:

(1)

General farm operations, not including:

a.

The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.

b.

A use or activity engaged in within 300 feet of a residential or retail business structure, if such use or activity results in continuous odor, dust, or noise.

c.

The construction of agricultural buildings or structures closer than 90 feet to the centerline of a principal public way.

d.

Confined animal feedlots within one mile of a residence other than that of the operator.

(2)

Single-family dwelling units on ten or more acres. (Site size subject to utility service requirements.)

(3)

Residential design manufactured homes and manufactured homes on a tract of at least ten acres (site size subject to utility requirements).

(4)

Manufactured homes incidental to general farm operations on ten acres provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.

(5)

Group homes and foster homes.

(6)

Churches and similar places of worship and parish houses.

(7)

Farms and ranches.

(8)

Golf courses and other open land recreational uses, except miniature golf courses, driving tees, or other intensive commercial uses, such as automobile racetrack or amusement park.

(9)

Greenhouses, nurseries, and garden centers, including retail sales customarily incidental to the primary use.

(10)

Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(11)

Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap, and skeet ranges.

(12)

Public and semi-public parks, playgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or nonprofit organizations.

(13)

Public or parochial elementary, junior high, and high schools and private schools with equivalent curriculum.

(14)

Licensed child care centers.

(15)

Riding stables and academies providing no structures housing horses shall be located nearer than 600 feet to the boundary of any residential district.

(16)

Stands for sale of agricultural products or commodities raised or prepared on the premises.

(17)

Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces, and similar uses.

(18)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(19)

Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable state department of health and environment regulations.

(Ord. No. 3826(1), art. VII, § 3, 7-3-2001; Ord. No. 3941, § I, 10-4-2005)

The following uses may be allowed in the A-L agricultural district by special use permit when submitted, reviewed, and approved by the board of zoning appeals and subject to conditions as the board may impose to include but not restricted to proper setbacks, landscaping, screening, fencing, maintenance provisions and other similar requirements:

(1)

Any public building erected or land used by any department of the city, county, state, or federal government.

(2)

Airport or heliport.

(3)

Cemetery or crematory.

(4)

Wireless communications towers and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios). Also see article VII of this chapter.

(5)

Radio or television transmitters.

(6)

Private clubs.

(7)

Hospitals, isolation homes, penal institutions, sanitariums or asylums for the treatment of mental illness, alcoholism or narcotics addiction.

(8)

Commercial development of natural resources and commercial extraction of raw materials such as rock, gravel, sand, etc.

(9)

Nursing and care homes subject to inspection and license requirements.

(10)

Seasonal or temporary uses such as recreation camp or similar enterprises.

(11)

Telephone exchange, electric substations, cable TV, or similar public utilities.

(12)

Preschools.

(13)

Commercial agricultural product storage (elevators) when no other business is in combination with said storage.

(14)

Animal hospital or kennel, provided that no animal hospital shall be located closer than 300 feet from any residential zone, and that no kennel may be located closer than 1,000 feet from any residential zone. Additionally:

a.

The minimum lot size shall be not less than two acres.

b.

No kennel buildings or runs shall be located nearer than 75 feet to any property lines.

c.

All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense non-deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chainlink fence with aluminum strip intertwined, or other equivalent fencing providing a sight barrier to the dogs.

(15)

Oil and gas exploration and extraction.

(16)

Water retention areas.

(17)

Racetrack, animal or vehicular.

(18)

Extraction and/or mining of minerals.

(19)

Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthful environment in the vicinity.

a.

Operation. Manure shall be removed or disposed of in one of the following manners:

1.

Spraying or spreading on land followed by discing or plowing.

2.

Grinding or dehydrating in properly designed dehydrators.

3.

Stockpiling in a compost plant in an isolated area in such a manner as to not create a water pollution problem.

b.

Insect and rodent control.

1.

Removal of manure and disposal as outlined in subsection (19)a of this section.

2.

Use chemical sprays and poisons in accordance with procedures and recommendations of biologist experienced in insect and rodent control.

c.

Drainage.

1.

All ground surfaces with pens shall be so graded and compacted to ensure positive drainage.

2.

Surface runoff shall be so controlled that no appreciable amount of soil or manure is carried into any roadway ditch or drainage area where it will deposit and form sludge banks where flies and mosquitoes can breed or create water pollution

(20)

Raising of fur-bearing animals.

(21)

Egg factory.

(22)

Campgrounds, subject to the following regulations:

a.

Campgrounds shall be utilized only for the accommodations of camping trailers, tents, and other similar camping vehicles, and under no circumstances shall campgrounds be utilized for the occupancy of manufactured homes.

b.

The applicant for a campgrounds shall prepare or cause to be prepared a preliminary campgrounds plan, drawn to a scale of not less than one inch equals 100 feet, and three copies of said plan shall be submitted to the board for their review and recommendations. Such plans shall comply with the following minimum requirements.

1.

Contours at intervals of one foot shall be indicated on the plan.

2.

The campground shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

3.

Campgrounds shall have a maximum density of 20 camping spaces per gross acre, and a minimum area of 1,250 square feet shall be provided for each space.

4.

Each camping space shall be at least 25 feet wide and a minimum of 50 feet in depth.

5.

Travel trailers shall be located on each space so as to maintain a setback of no less than 20 feet from any public street, highway right-of-way, or property line.

6.

All camping spaces shall front on a private roadway of not less than 24 feet in width, and all roadways shall have unobstructed access to a public street.

7.

A solid or semi-solid fence or wall at least six feet high, but not more than eight feet high, shall be provided between the campgrounds and any adjoining property, which is zoned for residential purposes. In lieu of said fence or wall, a landscape buffer may be provided not less than 25 feet in width and said landscape buffer shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a camping space. The fence, wall or landscape buffer shall be properly policed and maintain by the owner.

c.

A service building shall be provided which shall:

1.

Be located not nearer than 25 feet from a camping space or a property line.

2.

Be so located that any camping space, which it serves, shall not be more than 600 feet from the building.

3.

Be of permanent type moisture-resistant construction to permit frequent washing and cleaning and be adequately lighted.

4.

Have one flush-type toilet, one lavatory and one shower or bathtub for females; and one flush-type toilet, one lavatory, one shower or bathtub for males for up to nine camping spaces. One additional unit of the plumbing facilities required in this subsection shall be provided for each ten additional camping spaces or major fraction thereof. All lavatories, bathtubs and showers shall be connected with both hot and cold running water.

5.

Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit in the building and proved hot water (140 degrees Fahrenheit) at a minimum rate of eight gallons per hour for the required fixture units.

6.

Have an accessible, adequate, safe and potable water supply, and if a public water supply is reasonably available to the campgrounds, it shall be used.

7.

Have all rooms well-ventilated with all openings effectively screened.

8.

Have at least one water closet or other facility suitable for the cleaning and sanitizing of bedpans or other waste receptacles.

9.

When applicable, comply with all chapters of the building code regarding the construction of buildings and the installation of electrical, plumbing heating and air conditioning systems.

10.

Be maintained in a clean, sanitary condition and kept free of any condition that will menace the health of any occupants or the public or constitute a nuisance.

d.

Upon approval of the preliminary campground plan by the board, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested.

e.

Any substantial deviation, ad determined by the zoning administration, from the approved plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the board prior to the issuance of a building or zoning permit.

(23)

Bed and breakfast.

(Ord. No. 3826(1), art. VII, § 3, 7-3-2001; Ord. No. 3941, § I, 10-4-2005)

Tracts in the A-L agricultural district shall contain a minimum of ten acres subject to additional size requirements for water and sewer service.

(Ord. No. 3826(1), art. VII, § 4, 7-3-2001)

Except as required by the Federal Aviation Administration and the applicable ordinances of the city, non-agricultural buildings shall not exceed 35 feet in height, except that public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches and similar places of worship are permitted two feet of additional height for each one foot of additional building setback. Structures exceeding 75 feet in height within the three-mile airport traffic area shall be subject to review by the municipal airport board before final approval.

(Ord. No. 3826(1), art. VII, § 5, 7-3-2001)

The yard regulations for the A-L agricultural district are as follows:

(1)

Agricultural buildings. No requirements for agricultural buildings except as provided by section 40-66(1)c.

(2)

Nonagricultural buildings.

a.

Front yard. For nonagricultural buildings, the front yard shall be a minimum of 40 feet in depth, measured from the front lot line, except on collector streets, the minimum front yard shall be 80 feet, measured from the centerline of the street, and except on arterial streets, the minimum front yard shall be 90 feet, measured from the centerline of the street. The front yard shall not be less than 40 feet in any case.

b.

Side yard. All nonagricultural permitted and special uses shall provide a minimum side yard of 25 feet.

c.

Rear yard. For nonagricultural buildings, there shall be a rear yard of not less than 40 feet.

Provided, however, that if the foregoing yard regulations as applied to Wellington Municipal Airport uses are in conflict with rules and regulations of the Federal Aviation Administration or ordinances of the city, adopted pursuant to K.S.A. ch. 3, art. 7, and acts amendatory thereof, the aforesaid Federal Aviation Administration rules and regulations and the ordinances of the city shall take precedence.

(Ord. No. 3826(1), art. VII, § 6, 7-3-2001)

The sign regulations for the A-L agricultural district are in article III of this chapter.

(Ord. No. 3826(1), art. VII, § 7, 7-3-2001)

The parking and loading regulations for the A-L agricultural district are in article IV of this chapter.

(Ord. No. 3826(1), art. VII, § 8, 7-3-2001)

The landscaping regulations for the A-L agricultural district are in article V of this chapter.

(Ord. No. 3826(1), art. VII, § 9, 7-3-2001)

The R-S residential suburban district is established to control subdivision and density of development of land for residential and other noncommercial purposes where such uses are not or cannot be connected to a public sewer and/or a public water supply and provide for single-family rural residential development at a low density and to allow certain public facilities. It is the intent of the district regulation to protect the health, safety, and general welfare of persons residing in the district; to prevent uses which would devalue property; to regulate population density; and to provide adequate open space around buildings and structures. This zone is intended for application in developing areas at the fringe of the city, and is intended to minimize conflicts of incompatible uses of land and protect the public health and welfare until the area is more fully developed.

(Ord. No. 3826(1), art. VIII, § 1, 7-3-2001)

In the R-S residential suburban district, no structure or land shall be used and no structure shall be erected, altered, or enlarged which is arranged, intended or designed for other than one of the following uses listed in section 40-107.

(Ord. No. 3826(1), art. VIII, § 2, 7-3-2001)

The following uses are permitted in the R-S residential suburban district:

(1)

General farm operations. This shall not include or permit:

a.

Any activity within 300 feet of another residential district which activity is noxious or offensive by reason of dust, odor, or noise.

b.

Feedlots.

(2)

Single-family non-farm dwellings.

(3)

Residential design manufactured homes.

(4)

Group homes and foster homes.

(5)

Temporary structures incidental to construction work but only for the period of work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(6)

Golf courses, except miniature pitch and putt golf courses or driving tees operated for commercial uses.

(7)

Public parks, playgrounds, and recreational areas owned and operated by a public agency.

(8)

Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces.

(9)

Raising of trees, shrubs and grasses not sold on the premises.

(10)

Accessory buildings and uses.

(Ord. No. 3826(1), art. VIII, § 3, 7-3-2001)

(a)

The following uses may be allowed by special use permit in the R-S residential suburban district when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose to include, but not restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions, and other similar requirements:

(1)

Raising and care of livestock for show and pleasure, provided:

a.

When an R-S district or a portion thereof is reclassified to another more restrictive residential zone, those uses granted by special use permit for animal shelters or similar related uses in this subsection (a)(1) shall be completely discontinued within a period of six months from the date of reclassification.

b.

Uses permitted in this subsection (a)(1) shall not be kept for commercial purposes.

c.

Livestock permitted in this subsection (a)(1) shall be properly sheltered and proper sanitation shall be maintained at all times.

d.

Livestock cages or pens permitted in this subsection (a)(1) shall not be closer than 50 feet to any residence.

e.

Livestock permitted shall be limited in number to not more than four horses, cattle sheep or other medium to large domestic farm animal except swine, nor more than ten chickens, ducks, rabbits, geese or other small domestic farm animal. Animals not commonly raised as domestic farm animals are not permitted.

(2)

Churches and similar places of worship.

(3)

Hospitals for people on a lot, plot, or tract of land five acres or larger.

(4)

Licensed child care center.

(5)

Nursing home, sanitarium, rest home, homes for the aged, or convalescent home on a lot, plot, or tract of land five acres or larger.

(6)

Preschools.

(7)

Schools, public or parochial, elementary, junior high and high schools, and private schools with equivalent curriculum.

(8)

Cemetery, crematory, or mausoleum when used in conjunction with a cemetery.

(9)

Any public building erected or land used by any department of the city, county, state, or federal government.

(10)

Telephone exchange, electric substations, regulator stations, and other public utilities.

(11)

Oil and gas exploration, extraction, and/or production.

(12)

Extraction and/or mining of minerals.

(13)

Wireless communications towers. See article VII of this chapter.

(Ord. No. 3826(1), art. VIII, § 3, 7-3-2001)

Except as hereinafter provided, all dwellings hereafter erected, enlarged, or reconstructed in the R-S residential suburban district shall be located upon lots containing the following areas:

(1)

Every lot not served with a public sanitary sewer shall have a lot area of not less than two acres and a lot width of not less than 200 feet, except that a greater area may be required as a result of percolation tests or other environmental conditions.

(2)

Every lot served by a sanitary sewer, but not served with a public water system, shall have an area of not less than one acre and a lot width of not less than 140 feet.

(Ord. No. 3826(1), art. VIII, § 4, 7-3-2001)

No building in the R-S residential suburban district shall exceed 35 feet in height, except that public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches, and similar places of worship are permitted two feet of additional height for each one foot of additional building setback.

(Ord. No. 3826(1), art. VIII, § 5, 7-3-2001)

The yard regulations for the R-S residential suburban district are as follows:

(1)

Front yard.

a.

The front yard shall be a minimum of 25 feet in depth measured from the front lot line, except on collector streets, the minimum front yard shall be 70 feet measured from the centerline of the street; and except on arterial streets, the minimum front yard shall be 80 feet measured from the centerline of the street. Front yard setback shall never be less than 25 feet.

b.

Where lots have a double frontage, the required front yard shall be provided on both streets.

c.

In those instances where lots front on both intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in this subsection (1), on both streets.

d.

In those instances where lots front on only one of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in this subsection (1) on that street upon which other lots front, and the setback on the other intersecting street may be reduced to not less than 15 feet.

e.

The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a depth of not less than five feet. No accessory building shall project beyond the front yard line on either street.

(2)

Side yard.

a.

For those lots served by an alley or other means of rear yard entry, there shall be a side yard on each side of every single-family dwelling and accessory building, which shall be no less than eight feet in width.

b.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of every single-family dwelling and accessory building which shall be no less than ten feet in width, and the other side yard shall be no less than eight feet in width.

c.

All other permitted and special uses shall provide a 25-foot side yard.

(3)

Rear yard. There shall be a rear yard of not less than 30 feet.

(Ord. No. 3826(1), art. VIII, § 6, 7-3-2001)

The sign regulations for the R-S residential suburban district are in article III of this chapter.

(Ord. No. 3826(1), art. VIII, § 7, 7-3-2001)

The parking and loading regulations for the R-S residential suburban district are in article IV of this chapter.

(Ord. No. 3826(1), art. VIII, § 8, 7-3-2001)

The landscaping regulations for the R-S residential suburban district are in article V of this chapter.

(Ord. No. 3826(1), art. VIII, § 9, 7-3-2001)

The R-1 single-family dwelling district is established for the purpose of low density, single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order, or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

(Ord. No. 3826(1), art. IX, § 1, 7-3-2001)

In the R-1 single-family dwelling district, no building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-144.

(Ord. No. 3826(1), art. IX, § 2, 7-3-2001)

The following uses are permitted in the R-1 single-family dwelling district:

(1)

Single-family dwellings.

(2)

Residential design manufactured housing.

(3)

Modular homes.

(4)

Group homes and foster homes.

(5)

Churches and similar places of worship and parish houses.

(6)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(7)

Hospitals for people only on a lot, plot, or tract of land five acres or larger.

(8)

Nursing or convalescent homes on a lot, plot, or tract of land five acres or larger.

(9)

Public parks, playgrounds, recreational areas.

(10)

Schools, public or parochial, elementary, junior high and high schools, and private schools with equivalent curriculum.

(11)

Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, but which do not include uses unrelated to the principal use or any activity commonly conducted as a commercial enterprise.

(12)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars, or any portion of a house or dwelling, may not be occupied for residential purposes until the building is completed and has passed final inspection by the city.

(Ord. No. 3826(1), art. IX, § 3, 7-3-2001)

The following uses may be allowed in the R-1 single-family residential district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:

(1)

Any public building erected or land used by any department of the city, county, state, or federal government.

(2)

Licensed childcare centers.

(3)

Telephone exchange, electric substations and regulatory stations, or other public utilities.

(4)

Raising of crops, trees and shrubs not sold on the premises.

(5)

Water retention areas.

(6)

Preschools.

(7)

Boarding home for children.

(8)

Cemetery or crematory or mausoleum when used in connection with a cemetery.

(Ord. No. 3826(1), art. IX, § 3, 7-3-2001)

Every lot in the R-1 single-family residential district shall have an area of not less than 7,000 square feet and an average width of not less than 50 feet, except as provided in Section 40-709(15).

(Ord. No. 3826(1), art. IX, § 4, 7-3-2001; Ord. No. 4321, § I, 5-16-2023)

No building in the R-1 single-family residential district shall exceed 35 feet in height.

(Ord. No. 3826(1), art. IX, § 5, 7-3-2001)

The yard regulations for the R-1 single-family residential district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which these zoning regulations are derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of five feet from the lot line.

(2)

Side yard.

a.

For those lots served by an alley or other means of rear yard entry, there shall be a side yard on each side of every single-family dwelling and accessory building, which shall be no less than five feet in width.

b.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of every single-family dwelling and accessory building, which shall be no less than ten feet in width, and the other side yard shall be no less than five feet in width.

c.

Whenever a lot of record existing at the time of the passage of the ordinance from which these zoning regulations are derived has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet including roof overhang.

(3)

Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller. Refer to article VII of this chapter for additional requirements.

(Ord. No. 3826(1), art. IX, § 6, 7-3-2001)

The sign regulations for the R-1 single-family residential district are in article III of this chapter.

(Ord. No. 3826(1), art. IX, § 7, 7-3-2001)

The parking and loading regulations for the R-1 single-family residential district are in article IV of this chapter.

(Ord. No. 3826(1), art. IX, § 8, 7-3-2001)

The landscaping regulations for the R-1 single-family residential district are in article V of this chapter.

(Ord. No. 3826(1), art. IX, § 9, 7-3-2001)

The R-2 two-family dwelling district is intended for the purpose of allowing a slightly higher density than in the R-1 district, yet retaining the residential qualities. This district allows duplex uses, single-family homes, certain community facilities, and certain special uses.

(Ord. No. 3826(1), art. X, § 1, 7-3-2001)

In the R-2 two-family dwelling district, no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-173.

(Ord. No. 3826(1), art. X, § 2, 7-3-2001)

The following uses are permitted in the R-2 two-family dwelling district:

(1)

Single-family dwellings.

(2)

Residential design manufactured homes.

(3)

Modular homes.

(4)

Group homes and foster homes.

(5)

Two-family dwellings.

(6)

Community recreation buildings owned and operated by a public agency.

(7)

Churches and similar places of worship and parish houses.

(8)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(9)

Hospitals on a parcel of land not less than two acres in size (but not animal hospitals or mental hospitals).

(10)

Institutions of higher learning, including dormitory accommodations.

(11)

Public parks, playgrounds, and recreation areas.

(12)

Schools, public or parochial, elementary, junior high and high schools, and private schools with equivalent curriculum.

(13)

Nonprofit institutions of an educational, philanthropic, or eleemosynary nature, but not penal institutions.

(14)

Nursing and convalescent homes on a tract of land not less than two acres in size.

(15)

Customary accessory uses and structures located on the same lot or group of lots with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, but does not include uses unrelated to the principal use of any activity commonly conducted for gain.

(16)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars, or any portion of a house or dwelling, may not be occupied for residential purposes until the building is complete and has passed final inspection by the city.

(Ord. No. 3826(1), art. X, § 3, 7-3-2001)

Any special use permitted in the R-1 district may be allowed in the R-2 two-family dwelling district by special use permit when submitted, reviewed, and approved by the board of zoning appeals and under such conditions as the board may impose.

(Ord. No. 3826(1), art. X, § 3, 7-3-2001)

Lots in the R-2 two-family dwelling district shall be subject to the following minimum size requirements:

(1)

Single-family dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than 6,000 square feet with a minimum lot width of 50 feet.

(2)

Two-family dwellings. A lot on which there is erected a two-family dwelling shall contain an area of not less than 9,000 square feet. This regulation shall also be applicable to two-family structures being converted to individually owned units. Also see article VII of this chapter.

(3)

Dormitories, lodginghouses, nursing homes, and boardinghouses shall, in addition to meeting the requirements in subsection (1) of this section for single-family buildings, provide at least 500 square feet of lot area for each occupant.

(4)

On the effective date of the ordinance from which these regulations are derived where a lot or tract has less area than herein required and its boundary lines, along with their entire length, touched lands under other ownership, such lot or tract may be used only for a single-family dwelling.

(Ord. No. 3826(1), art. X, § 4, 7-3-2001)

No building in the R-2 two-family dwelling district shall exceed 45 feet in height.

(Ord. No. 3826(1), art. X, § 5, 7-3-2001)

The yard regulations for the R-2 two-family dwelling district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record as of the effective date of the ordinance from which these zoning regulations are derived shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of five feet from the property line.

d.

In those instances where lots front on only one of the intersecting streets within the same block, the corner lot shall maintain a front yard setback, as set out in this subsection (1), on that street upon which other lots front, and the setback on the other intersecting street may be reduced to not less than 15 feet.

e.

The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a depth of not less than five feet.

(2)

Side yard.

a.

For those lots served by an alley or other means of rear yard entry, there shall be a side yard on each side of every single-family dwelling and accessory building, which shall be no less than five feet in width.

b.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of every single-family dwelling and accessory building, which shall be no less than ten feet in width, and the other side yard shall be no less than five feet in width.

c.

Whenever a lot of record existing at the time of the passage of this regulation has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet.

(3)

Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

The sign regulations for the R-2 two-family dwelling district are in article III of this chapter.

(Ord. No. 3826(1), art. X, § 7, 7-3-2001)

The parking and loading regulations for the R-2 two-family dwelling district are in article IV of this chapter.

(Ord. No. 3826(1), art. X, § 8, 7-3-2001)

The landscaping regulations for the R-2 two-family dwelling district are in article V of this chapter.

(Ord. No. 3826(1), art. X, § 9, 7-3-2001)

The R-3 multiple-family dwelling district is intended for the purpose of allowing moderate to high residential density land use with the comingling of compatible single-family and two-family dwellings, apartments, home occupations, certain community facilities, and certain special uses, yet retaining the basic residential qualities.

(Ord. No. 3826(1), art. XI, § 1, 7-3-2001)

In the R-3 multiple-family dwelling district, no building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-201.

(Ord. No. 3826(1), art. XI, § 2, 7-3-2001)

The following uses are permitted in the R-3 multiple-family dwelling district:

(1)

Any use permitted in the R-2 two-family dwelling district.

(2)

Multiple-family dwellings.

(3)

Bed and breakfast establishments.

(4)

Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service customarily carried on as a business.

(Ord. No. 3826(1), art. XI, § 3, 7-3-2001)

Any special use permitted in the R-2 two-family dwelling district may be allowed in the R-3 multiple-family dwelling district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose.

(Ord. No. 3826(1), art. XI, § 3, 7-3-2001)

Lots in the R-3 multiple-family dwelling district shall be subject to the following minimum size requirements:

(1)

Single-family dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than 5,000 square feet.

(2)

Two-family dwellings. A lot on which there is erected a two-family dwelling shall contain an area of not less than 4,500 square feet per family.

(3)

Multifamily dwellings (three or more units).

a.

A lot on which there is erected a multiple-family dwelling shall contain an area of not less than 5,000 square feet, or as required by the following table, whichever is larger:

b.

This regulation shall not apply to dormitories or roominghouses and lodginghouses where no cooking is done in individual rooms or apartments.

(4)

Bed and breakfast establishments. A lot on which there is a bed and breakfast establishment shall contain an area of not less than 6,000 square feet.

(5)

Dormitories, lodginghouses, nursing homes, and boardinghouses: same as R-2 district requirements.

(6)

Minimum lot width shall be 50 feet.

(7)

Where a single lot of record as of the effective date of the ordinance from which these zoning regulations are derived, as defined in section 40-2, has less area than that specified for multiple-family dwellings, and its boundary lines, along their entire length, touched lands under other ownership on the effective date of the ordinance from which these zoning regulations are derived and have not since been changed, such lot may be used only for single-family dwelling purposes, or for any other non-dwelling use permitted in this district, provided the structure conforms with other yard and height requirements of this district.

(Ord. No. 3826(1), art. XI, § 4, 7-3-2001)

No building in the R-3 multiple-family dwelling district shall exceed 45 feet in height except that for each additional one foot of additional front yard provided, two additional feet of height will be permitted.

(Ord. No. 3826(1), art. XI, § 5, 7-3-2001)

The yard regulations for the R-3 multiple-family dwelling district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have a double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which these zoning regulations are derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of five feet from the property line.

In those instances where lots front on only one of the intersecting streets within the same block, the corner lot shall maintain a front yard setback, as set out in this subsection (1), on that street upon which other lots front, and the setback on the other intersecting street may be reduced to not less than 15 feet.

(2)

Side yard.

a.

For those lots served by an alley or other means of rear yard entry, there shall be a side yard on each side of a principal or accessory building 35 feet high or less, which shall be no less than five feet in width, and a side yard on each side of a principal or accessory building in excess of 35 feet in height which shall be no less than eight feet in width.

b.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of the lot which shall be no less than ten feet in width, and the other side yard shall be as required in subsection (2)a of this section.

(3)

Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

(Ord. No. 3826(1), art. XI, § 6, 7-3-2001)

The sign regulations for the R-3 multiple-family dwelling district are in article III of this chapter.

(Ord. No. 3826(1), art. XI, § 7, 7-3-2001)

The parking and loading regulations for the R-3 multiple-family dwelling district are in article IV of this chapter.

(Ord. No. 3826(1), art. XI, § 8, 7-3-2001)

The landscaping regulations for the R-3 multiple-family dwelling district are in article V of this chapter.

(Ord. No. 3826(1), art. XI, § 9, 7-3-2001)

The R-4 multiple-family dwelling district is intended for the purpose of allowing high density residential land use in areas that are otherwise in or adjacent to commercial or industrial zones. It is intended to accommodate large, multiple unit structures such as apartment complexes and similar, or multiple smaller structures on the same lot, but shall not include single family, two family, or multi-family dwellings of less than five units.

(Ord. No. 4294, § 1, 9-7-2021)

In the R-4 multiple-family dwelling district, no building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-211.

(Ord. No. 4294, § 1, 9-7-2021)

The following uses are permitted in the R-4 multiple-family dwelling district:

(1)

Multiple-family dwellings, containing no less than five individual dwelling units.

(2)

Churches and similar places of worship and parish houses.

(3)

Hospitals for people only on a lot, plot, or tract of land five acres or larger.

(4

Nursing or convalescent homes on a lot, plat or tract of land five acres or larger.

(5)

Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, and garden houses, but which do not include uses unrelated to the principal use or any activity commonly conducted as a commercial enterprise.

(Ord. No. 4294, § 1, 9-7-2021)

The following uses may be allowed in the R-4 multi-family residential district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:

(1)

Any public building erected or land used by any department of the city, county, state, or federal government.

(Ord. No. 4294, § 1, 9-7-2021)

Lots in the R-4 multiple-family dwelling district shall be subject to the following minimum requirements:

(1)

Minimum lot size shall be four acres, unless otherwise provided for a listed permitted use.

(2)

Multifamily dwellings shall contain a minimum of five living units per structure with an average of not less than eight living units per acre.

(3)

Minimum lot frontage width shall be 150 feet and the lot shall not be less than 50 feet in width at any point.

(Ord. No. 4294, § 1, 9-7-2021)

No building in the R-4 multiple-family dwelling district shall exceed 45 feet in height except that for each additional one foot of additional front yard provided, two additional feet of height will be permitted.

(Ord. No. 4294, § 1, 9-7-2021)

The yard regulations for the R-4 multiple-family dwelling district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have a double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which these zoning regulations are derived, shall not be reduced to less than 75 feet, except as may be required to preserve a minimum setback of five feet from the property line.

(2)

Side yard.

a.

For those lots served by an alley or other means of rear yard entry, there shall be a side yard on each side of a principal or accessory building 35 feet high or less, which shall be no less than five feet in width, and a side yard on each side of a principal or accessory building in excess of 35 feet in height which shall be no less than eight feet in width.

b.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of the lot which shall be no less than ten feet in width, and the other side yard shall be as required in subsection (2)a of this section.

(3)

Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

(Ord. No. 4294, § 1, 9-7-2021)

The sign regulations for the R-4 multiple-family dwelling district are in article III of this chapter.

(Ord. No. 4294, § 1, 9-7-2021)

The parking and loading regulations for the R-4 multiple-family dwelling district are in article IV of this chapter.

(Ord. No. 4294, § 1, 9-7-2021)

The landscaping regulations for the R-4 multiple-family dwelling district are in article V of this chapter.

(Ord. No. 4294, § 1, 9-7-2021)

It is the intent of the M-P manufactured home park district to permit low density manufactured home uses in a park-like atmosphere. The manufactured home park district is intended for those areas where the owner proposes to develop and rent or lease individual sites, and which would be compatible with the community comprehensive plan.

(Ord. No. 3826(1), art. XII, § 1, 7-3-2001)

In the M-P manufactured home park district, no building shall be used and no building shall be erected, altered, or enlarged which is arranged, intended, or designed for other than uses listed in section 40-242.

(Ord. No. 3826(1), art. XII, § 2, 7-3-2001)

The following uses are permitted in the M-P manufactured home park district:

(1)

Independent manufactured homes, meeting the standards of the National Manufactured Home Construction and Safety Standards of 1976, which are located on a well-drained concrete slab. Pre-1976 units already located in the city may be moved to any other permitted location.

(2)

Parks and playgrounds.

(3)

Manufactured housing service buildings, such as coin-operated washers and dryers, for exclusive use of residents of the manufactured home park.

(4)

Office for manager of the manufactured home park.

(5)

Storage building for vehicles used to tow manufactured housing units.

(6)

Blocks, skirts, pipe, and other material and equipment required to set up a manufactured house shall be kept inside a storage building.

(7)

Accessory uses and buildings, including swimming pools, bathhouses, patios, etc., for exclusive use of manufactured housing residents.

(8)

Licensed child care centers.

(9)

Churches and other similar places of worship.

(Ord. No. 3826(1), art. XII, § 3, 7-3-2001)

The following are the park requirements for the M-P manufactured home park district:

(1)

A tract to be used for a manufactured housing park shall be large enough to accommodate 15 or more manufactured units.

(2)

Each manufactured housing park space shall be not less than 35 feet wide.

(3)

Manufactured housing parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,600 square feet.

(4)

The manufactured housing park shall be located on a well-drained site properly graded to insure rapid drainage.

(5)

Manufactured housing parks shall provide screening when they abut residential property.

(6)

Each manufactured housing park having more than ten lots for rent shall reserve an area for child recreation according to the following schedule:

(7)

The recreation area shall be located so as to be free from hazards and provided with play equipment.

(8)

All new manufactured housing parks shall provide a storm shelter for the occupants. All existing manufactured housing parks (at the date of the adoption of the ordinance from which these zoning regulations are derived) are encouraged to provide storm shelters.

(9)

The manufactured housing shelter shall be approved, after the submission of plans by the applicant, by the zoning administrator. The shelter shall be constructed below ground level as a concrete structure and provided with heavy metal doors. It shall be located so as to be accessible to the park residents in a central place with access to the shelter clearly marked.

(10)

Manufactured housing units shall be located so that there is at least a 20-foot clearance between manufactured houses; provided, however, with respect to manufactured houses parked end-to-end, the clearance shall not be less than ten feet. No manufactured housing unit shall be located less than ten feet from the front driveway.

(11)

No manufactured housing unit shall be located less than 25 feet from any property line of the manufactured housing park or from any community building within the park, including any washroom, toilet, laundry facilities, or office.

(12)

All manufactured housing spaces shall abut on an internal driveway that is not less than 24 feet in width; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 36 feet. Such driveways shall have unobstructed access to a public street or highway and shall have, as a minimum, a gravel surface or be paved and well maintained and lighted.

(13)

Manufactured housing parks containing more than 20 units shall provide each lot with a concrete pad for parking two vehicles separate from the road. The minimum pad size shall be 14 feet wide and 16 feet in depth. In parks containing less than 20 units, the parking space may be constructed of crushed rock finished to a depth of eight inches.

(14)

All roadways and walks within the manufactured housing park shall be hard surfaced or gravel surfaced and provided with night lighting using lamps spaced at intervals of not more than 100 feet.

(15)

All electrical distribution systems and telephone service systems to each manufactured housing space, except outlets and risers, shall be underground. Each manufactured housing space shall be provided with a 120-volt and 240-volt service with a minimum 100-ampere individual service outlet.

(16)

Whenever master television antenna systems are to be installed, the complete plans and specifications for the system must be submitted for approval. Distribution to individual manufactured housing spaces shall be underground and shall terminate adjacent to the electrical outlet.

(17)

Laundry facilities for the exclusive use of the manufactured housing occupants may be provided in a service building.

(18)

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured housing spaces within the park. Each manufactured housing space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities.

(19)

All manufactured housing units within the M-P district shall be connected to an approved public water supply and an approved sanitary sewer system with at least a four inch sewer connection to each manufactured housing unit. The sewer connection shall be provided with suitable fittings so that a watertight connection can be made between the manufactured housing drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured housing unit and shall be trapped in such a manner as to maintain them in an odor-free condition.

(20)

Each manufactured housing unit shall be secured by anchoring the superstructure against uplift, sliding, rotation, and overturning in accordance with the requirements of the city.

(21)

Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon required plan.

(22)

The owner or operator shall include with the required plan the method of refuse collection and the location of refuse containers. Refuse and garbage handling methods shall meet the following minimum requirements:

a.

Storage collection and disposal of refuse in a park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution.

b.

All refuse shall be stored in flytight, watertight, rodentproof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse.

c.

Refuse racks shall be provided for all refuse containers. Such racks shall be designed as to prevent the containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

d.

Refuse and garbage shall be removed from the park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers.

e.

The park owner shall ensure that containers at all stands are emptied regularly and maintained in a useable sanitary condition.

(23)

If only independent manufactured housing spaces are to be provided, no service building will be required; however, when such service building is required, it shall comply with the following regulations:

a.

Be located 20 feet or more from any manufactured housing unit.

b.

Be adequately lighted.

c.

Have the interior finished with moisture-resistant material to permit frequent washing and cleaning.

d.

Provide at least one lavatory, water closet, and shower for each sex; one laundry tray, one floor drain, and hot and cold water.

e.

Have adequate heating facilities for the building and equipment which will furnish an ample supply of heated water during time of peak demands.

f.

Have all rooms well ventilated with all openings effectively screened.

(24)

When liquefied petroleum gas is used in a manufactured home park, containers for such gas shall not hold more than 25 gallons water capacity, shall be the liquefied petroleum gas containers approved by the United States Commerce Commission for its intended purposes, and shall be attached to the manufactured home in a manner approved by the Liquefied Petroleum Gas Association.

(25)

The manufactured home park shall comply with existing fire codes.

(26)

A solid or semi-solid fence or wall, minimum six feet, maximum eight feet high, shall be provided between the manufactured home park district and any adjoining property or property immediately across the alley which is zoned for residential purposes other than for manufactured homes. Said fence shall be so located as defined by this regulation. In lieu of said fence or wall, a landscape buffer may be provided not less than 15 feet in width, and said landscape buffer shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a manufactured home space. The fence, wall, or landscape buffer shall be properly policed and maintained by the owner.

(27)

The owner or operator shall include with the required plan a budget for financing the proposed improvements.

(Ord. No. 3826(1), art. XII, § 4, 7-3-2001)

(a)

The applicant for a manufactured housing park shall prepare or cause to be prepared an application for rezoning and a development plan and shall present ten copies of the plan for review by the planning commission. The development plan shall show topography and the location and size of:

(1)

Manufactured housing sites.

(2)

Service buildings.

(3)

Off-street parking areas

(4)

Electrical outlets.

(5)

Sewer outlets.

(6)

Water outlets.

(7)

Water lines.

(8)

Sewer lines.

(9)

Recreational areas.

(10)

Landscaped areas and walls or fences.

(11)

Roadways.

(12)

Sidewalks.

(13)

The applicant for a manufactured housing park must provide reference points for lot layout.

(b)

Following a rezoning hearing, as required by law, and preliminary approval of the development plan, the planning commission shall submit the plan together with a record of the hearing plus its formal recommendations to the governing body for final approval.

(c)

When final approvals have been obtained, the zoning administrator shall issue a permit to operate the manufactured housing park.

(d)

Upon the issuance of the permit for a manufactured home park or court, the city shall have the authority to have said manufactured home inspected by the proper inspecting officer of the city, and if it shall be found that the holder of said permit has made any false or misleading statements in his application or has placed or caused to be placed more manufactured homes in said manufactured home park or court than provided for and set forth in said application for permit, or that said holder of said permit has violated or caused to be violated any provision of this article, the city governing body shall have the power to revoke said permit.

(e)

If the city shall determine upon proper inspection by the inspecting officer of the city, that the sanitary condition of the manufactured home park, either new or existing, shall have become so unsanitary as to endanger health or welfare of occupants of said manufactured home park or the surrounding community, or that said sanitary facilities have become inadequate to properly protect the occupants of the manufactured park, the city governing body shall have the power to require the holder of the manufactured home park permit, within ten days, to set said manufactured home park in proper sanitary condition. If, upon notice from the city to the holder of the permit as aforesaid, the owner or manager of said manufactured home park shall fail or refuse to place said park or court in sanitary condition, the city governing body shall have the right to revoke said permit.

(f)

Whenever a property zoned M-P ceases to be used for such purposes for a period of two years, the planning commission may initiate action and hold a public hearing to rezone said property back to its former zoning district classification.

(g)

After the effective date of the ordinance from which these zoning regulations are derived, no new manufactured housing park may be operated and no existing park expanded, except in accordance with these regulations and under permit from the zoning administrator.

(Ord. No. 3826(1), art. XII, § 5, 7-3-2001)

It is the intent and purpose of the M-S manufactured home subdivision district to provide for low-density manufactured home development which would be compatible with the character of the surrounding neighborhood where manufactured homes can be placed on permanent foundation on individually owned lots in a platted subdivision.

(Ord. No. 3826(1), art. XIII, § 1, 7-3-2001)

In the M-S manufactured home subdivision district, no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended or designed for other than one of the uses listed in section 40-269.

(Ord. No. 3826(1), art. XIII, § 2, 7-3-2001)

The following uses are permitted in the M-S manufactured home subdivision district:

(1)

Manufactured home subdivisions, provided that the manufactured home subdivision is platted in accordance with the adopted subdivision regulations.

(2)

Manufactured homes meeting the Standards of the National Manufactured Home Construction and Safety Standards of 1976 sited on permanent foundations and anchored in accordance with the city requirements.

(3)

Manufactured homes, residential design

(4)

Conventional single-family dwelling units and modular homes.

(5)

Group homes and foster homes.

(6)

Churches, synagogues and other similar places of worship.

(7)

Public and parochial schools.

(8)

Accessory buildings and uses.

(Ord. No. 3826(1), art. XIII, § 3, 7-3-2001)

Any special uses allowed in the R-1 district may be allowed in the M-S manufactured home subdivision district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose.

(Ord. No. 3826(1), art. XIII, § 3, 7-3-2001)

The intensity of use regulations for the M-S manufactured home subdivision district are as follows:

(1)

A manufactured home subdivision shall have a minimum area of three acres.

(2)

Only one manufactured home shall be permitted on each lot, and each lot shall have a minimum area of 6,000 square feet and an average width of 50 feet.

(Ord. No. 3826(1), art. XIII, § 4, 7-3-2001)

No building or structure in the M-S manufactured home subdivision district shall exceed 35 feet in height.

(Ord. No. 3826(1), art. XIII, § 5, 7-3-2001)

The yard regulations for the M-S manufactured home subdivision district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have a double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot; provided however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which these zoning regulations are derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of five feet from the property line.

d.

In those instances where lots front on only one of the intersecting streets within the same block, the corner lot shall maintain a front yard setback, as set out in subsection (1) of this section, on that street upon which other lots front, and the setback on the other intersecting street may be reduced to not less than 15 feet.

(2)

Side yard.

a.

There shall be a side yard on each side of a principal building which shall be one-third the height of the building or ten percent of the width of the lot, whichever is the greater, with a minimum of five feet.

b.

Where more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other public or quasi-public uses, the spacing of said buildings shall not be less than the average height of the adjacent buildings.

c.

For those lots not served by an alley or other means of rear yard entry, there shall be a side yard on one side of the lot which shall be no less than ten feet in width, and the other side yard shall be as required in subsection (2)a of this section.

(3)

Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

(Ord. No. 3826(1), art. XIII, § 6, 7-3-2001)

Manufactured homes in the M-S manufactured home subdivision district shall be subject to the blocking and anchoring requirements of the city.

(Ord. No. 3826(1), art. XIII, § 7, 7-3-2001)

The sign regulations for the M-S manufactured home subdivision district are in article III of this chapter.

(Ord. No. 3826(1), art. XIII, § 8, 7-3-2001)

The parking and loading regulations for the M-S manufactured home subdivision district are in article IV of this chapter.

(Ord. No. 3826(1), art. XIII, § 9, 7-3-2001)

The landscaping regulations for the M-S manufactured home subdivision district are in article V of this chapter.

(Ord. No. 3826(1), art. XIII, § 10, 7-3-2001)

It is the intent of the C-O office and institution district to permit public, quasi-public, institutional and professional service uses. Density and intensity of use may be considered moderate. Uses in this district are intended to be compatible with adjoining residential districts and the comprehensive plan for the community.

(Ord. No. 3826(1), art. XIV, § 1, 7-3-2001)

The regulations set forth in this division, or set forth elsewhere in this regulation, when referred to in this division, are the regulations for C-O office and institution district. In the C-O district, no structure or land shall be used, and no structure altered, enlarged, or erected which is arranged, intended or designed for other than the uses listed in section 40-305.

(Ord. No. 3826(1), art. XIV, § 2, 7-3-2001)

The following uses are permitted in the C-O office and institution district:

(1)

Lodges and private clubs.

(2)

Hospitals, including facilities for the care and treatment of mental illness, alcoholism or narcotics addiction.

(3)

Medical, dental offices, and health clinics, including apothecary (for people only).

(4)

Nonprofit institutions of religious, educational, eleemosynary or philanthropic nature.

(5)

Office buildings for professional, commercial, industrial, religious, instructional, public and semi-public purposes, providing no goods, wares or merchandise shall be prepared for sale, stored or sold on the premises.

(6)

A portion of an office building may be occupied and used as a drug store, barbershop, cosmetologist's shop, cigar stand, restaurant or newsstand, when such uses are located entirely within and accessory to the building, with no entrance from the street or visible from any sidewalk, and have no sign or display visible from the outside of the building indicating the existence of such use.

(7)

Parks, playgrounds and community buildings owned and operated by the locality.

(8)

Public libraries.

(9)

Undertaking and funeral service establishments, including crematoriums.

(10)

Nursing and convalescent homes.

(11)

Group day care centers.

(12)

Child care centers.

(13)

Accessory buildings and uses customarily incidental to the uses permitted in the C-O office and institution district.

(Ord. No. 3826(1), art. XIV, § 3, 7-3-2001)

The minimum lot area in the C-O office and institution district shall be 10,000 square feet, and located so as to allow access to a major street.

(Ord. No. 3826(1), art. XIV, § 4, 7-3-2001)

No building in the C-O office and institution district shall exceed 45 feet in height, except that for each one foot of additional front yard provided, two additional feet of height will be permitted.

(Ord. No. 3826(1), art. XIV, § 5, 7-3-2001)

The yard regulations for the C-O office and institution district are as follows:

(1)

Front yards.

a.

The front yard shall be a minimum of 25 feet in depth, except as required for arterial and collector streets in article VII of this chapter.

b.

Where lots have double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each side of a corner lot except that the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard along the side street with a depth of not less than five feet. No accessory building shall project beyond the front yard line on either street.

(2)

Side yards. There shall be a side yard on each side of a building, having a width of not less than five feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever amount is the smaller.

(Ord. No. 3826(1), art. XIV, § 6, 7-3-2001)

The sign regulations for the C-O office and institution district are in article III of this chapter.

(Ord. No. 3826(1), art. XIV, § 7, 7-3-2001)

The parking and loading regulations for the C-O office and institution district are in article IV of this chapter.

(Ord. No. 3826(1), art. XIV, § 8, 7-3-2001)

The landscaping regulations for the C-O office and institution district are in article V of this chapter.

(Ord. No. 3826(1), art. XIV, § 9, 7-3-2001)

The traffic regulations for the C-O office and institution district are in article VI of this chapter.

(Ord. No. 3826(1), art. XIV, § 11, 7-3-2001)

The C-S highway service district is intended for the purpose of grouping limited highway services in appropriate areas. Floor area is restricted, off-street parking, and landscaping is required in order to reduce possible adverse effects on adjacent properties.

(Ord. No. 3826(1), art. XV, § 1, 7-3-2001)

In the C-S highway service district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses in section 40-345.

(Ord. No. 3826(1), art. XV, § 2, 7-3-2001)

The following uses are permitted in the C-S highway service district:

(1)

Agricultural implement sales and services.

(2)

Animal hospitals when all facilities are within an enclosed building.

(3)

Automobile and truck sales and service.

(4)

Retail automotive accessory stores.

(5)

Banks.

(6)

Boat sales, service and rental.

(7)

Bowling alleys.

(8)

Car washes.

(9)

Construction equipment rental and sales.

(10)

Dance halls.

(11)

Electric and telephone substations.

(12)

Food stores.

(13)

Gift and souvenir shops.

(14)

Gymnasiums.

(15)

Hotels and motels, including accessory service uses, such as newsstands, messenger and telegraph stations, swimming pools (for motel guests only), flower and gift shops.

(16)

Indoor skating rinks.

(17)

Indoor theaters.

(18)

Lumber and building materials sales yards.

(19)

Manufactured home sales and service.

(20)

Motorcycle sales, service and rental.

(21)

Nursery and garden stores.

(22)

Package liquor stores.

(23)

Pool halls.

(24)

Restaurants and tearooms, including drive-in establishments.

(25)

Service stations or filling stations (light service work only).

(26)

Sporting goods stores.

(27)

Frozen food lockers, retail sales of meat products, processing of animal carcasses into food products and byproducts, such as boning, packaging and boxing, and the storage of finished food products and byproducts such as warehousing and cold storage, except rendering or cooking and slaughtering of animals is strictly prohibited. All of these permitted uses shall be conducted wholly within a noncombustible building.

(28)

Institutes for Higher Learning (IFHL), such as schools and universities.

a.

Dormitories and residence halls.

(Ord. No. 3826(1), art. XV, § 3, 7-3-2001; Ord. No. 3861, § I, 12-17-2002; Ord. No. 3868, § I, 3-4-2003; Ord. No. 3996, § II, 8-7-2007; Ord. No. 4204, § I, 1-17-2017; Ord. No. 4277, § I, 10-6-2020)

The board of zoning appeals may, by special use permit, authorize the following uses in the C-S highway service district subject to such conditions as the board deems necessary, to include, but not limited to, proper setbacks, landscaping, screening, fencing, maintenance provisions, and other similar requirements.

(1)

Governmental buildings.

(2)

Mortuary.

(3)

Outdoor amusement establishments such as amusement parks, permanent carnival and kiddie parks, miniature golf and pitch and putt courses, driving ranges and other similar establishments.

(4)

Drive-in theaters.

(5)

Taverns.

(6)

Campgrounds subject to the following regulations:

a.

Campgrounds shall be utilized only for the accommodations of camping trailers, tents, and other similar camping vehicles, and under no circumstances shall a campground be utilized for the occupancy of mobile homes.

b.

The tract to be used for a campground shall not be less than two acres in area.

c.

The applicant for a campground shall prepare or cause to be prepared a preliminary campgrounds plan, drawn to a scale of not less than one inch equals 100 feet, and three copies of said plan shall be submitted to the board for their review and recommendations. Such plans shall comply with the following minimum requirements:

1.

Contours at intervals of one foot shall be indicated on the plan.

2.

The campground shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

3.

Campgrounds shall have a maximum density of 20 camping spaces per gross acre, and a minimum area of 1,250 square feet shall be provided for each space.

4.

Each camping space shall be at least 25 feet wide and a minimum of 50 feet in depth.

5.

Travel trailers shall be located on each space so as to maintain a setback of no less than 20 feet from any public street, highway right-of-way, or property line.

6.

All camping spaces shall front on a private roadway of not less than 24 feet in width, and all roadways shall have unobstructed access to a public street.

7.

A solid or semi-solid fence or wall at least six feet high, but not more than eight feet high, shall be provided between the campgrounds and any adjoining property, which is zoned for residential purposes. In lieu of said fence or wall, a landscape buffer may be provided not less than 25 feet in width and said landscape buffer shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a camping space. The fence, wall or landscape buffer shall be properly policed and maintained by the owner.

d.

A service building shall be provided which:

1.

Shall be located not nearer than 25 feet from a camping space or a property line.

2.

Shall be so located that any camping space, which it serves, shall not be more than 600 feet from the building.

3.

Shall be of permanent type moisture-resistant construction to permit frequent washing and cleaning and be adequately lighted.

4.

Have one flush-type toilet, one lavatory and one shower or bathtub for females; and one flush-type toilet, one lavatory, one shower or bathtub for males for up to nine camping spaces. One additional unit of the above plumbing facilities shall be provided for each ten additional camping spaces or major fraction thereof. All lavatories, bathtubs and showers shall be connected with both hot and cold running water.

5.

Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit in the building and provide hot water (140 degrees Fahrenheit) at a minimum rate of eight gallons per hour for the required fixture units.

6.

Have an accessible, adequate, safe and potable water supply, and if a public water supply is reasonably available to the campgrounds, it shall be used.

7.

Have all rooms well-ventilated with all openings effectively screened.

8.

Have at least one water closet or other facility suitable for the cleaning and sanitizing of bedpans or other waste receptacles.

9.

When applicable, shall comply with all chapters of the building code regarding the construction of buildings and the installation of electrical, plumbing, heating and air conditioning systems.

10.

Shall be maintained in a clean, sanitary condition and kept free of any condition that will menace the health of any occupants or the public or constitute a nuisance.

e.

Upon approval of the preliminary campground plan by the board, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested.

f.

Any substantial deviation, as determined by the zoning administration, from the approved plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the board prior to the issuance of a building or zoning permit.

(7)

Racetracks, animal or vehicular.

(8)

Wireless communications towers. See article VII of this chapter.

(9)

Gambling casinos.

(Ord. No. 3826(1), art. XV, § 3, 7-3-2001; Ord. No. 3861, § I, 12-17-2002; Ord. No. 3868, § I, 3-4-2003; Ord. No. 3996, § II, 8-7-2007)

The intensity of use regulations for the C-S highway service district are as follows:

(1)

Where the lot will be served by public water and sewer, the minimum lot size shall be 10,000 square feet with 100 feet minimum width.

(2)

Where water and sewer service will be provided on the lot, the minimum lot size shall be 80,000 square feet.

(Ord. No. 3826(1), art. XV, § 4, 7-3-2001)

No building or structure in the C-S highway service district shall exceed 45 feet in height, or as approved by the planning commission and the city council.

(Ord. No. 3826(1), art. XV, § 5, 7-3-2001; Ord. No. 3996, § III, 8-7-2007)

The yard regulations for the C-S highway service district are as follows:

(1)

Front yard.

a.

There shall be a front yard as required for arterial streets and collector streets in article VII of this chapter.

b.

Where a lot has double frontage or is a corner lot, a front yard shall be provided on both streets. No accessory buildings or structures shall project beyond the setback line of either street.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

(2)

Side yard.

a.

There shall be a side yard on each side of a one to 2½ story building, having a width of not less than five feet.

b.

There shall be a side yard on each side of a three-story building having a width of not less than eight feet.

c.

Where a C-S zone abuts any residential district zone, a side yard of not less than 15 feet shall be provided.

(3)

Rear yard. Except as otherwise provided in the supplementary district regulations, there shall be a rear yard for buildings in this district as follows:

a.

One to 2½ story buildings shall have a rear yard depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.

b.

Three-story buildings shall have a rear yard of not less than 30 feet.

(4)

Landscaping and screening. A solid or semi-solid fence or wall at least six feet, but not more than eight feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line and be maintained by the owner or owners of this property in the C-S district.

(Ord. No. 3826(1), art. XV, § 6, 7-3-2001)

The sign regulations for the C-S highway service district are in article III of this chapter.

(Ord. No. 3826(1), art. XV, § 7, 7-3-2001)

The parking and loading regulations for the C-S highway service district are in article IV of this chapter.

(Ord. No. 3826(1), art. XV, § 8, 7-3-2001)

The landscaping regulations for the C-S highway service district are in article V of this chapter.

(Ord. No. 3826(1), art. XV, § 9, 7-3-2001)

The traffic regulations for the C-S highway service district are in article VI of this chapter.

(Ord. No. 3826(1), art. XV, § 10, 7-3-2001)

It is the intent of the C-1 neighborhood shopping district to permit retail sales of convenience goods and services. It is intended that this district be employed only in areas occupied by existing businesses serving a useful shopping function to the residents of the neighborhood. It is intended that all new businesses will locate in grouped "shopping center" areas.

(Ord. No. 3826(1), art. XVI, § 1, 7-3-2001)

In the C-1 neighborhood shopping district, no structure or land shall be used, and no structure altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in section 40-382.

(Ord. No. 3826(1), art. XVI, § 2, 7-3-2001)

The following uses are permitted in the C-1 neighborhood shopping district:

(1)

Barbershops.

(2)

Beauty shops.

(3)

Candy and ice cream stores (except drive-ins).

(4)

Cleaners.

(5)

Custom dressmaking, furrier, millinery, tailor shops (employing less than five persons).

(6)

Drug stores and proprietor stores with not over 2,500 square feet of selling area.

(7)

Fix-it shops, (radio, TV, and small appliances except gasoline powered equipment and appliances).

(8)

Flower and gift shops.

(9)

Food stores (grocery, meat and delicatessen).

(10)

Hardware stores.

(11)

Laundries.

(12)

Photographer.

(13)

Restaurants and tea rooms (except for drive-ins).

(14)

Service stations (light service work only).

(15)

Shoe repair and shoe shine shops.

(Ord. No. 3826(1), art. XVI, § 3, 7-3-2001)

The board of zoning appeals may, by special use permit, authorize taverns in the C-1 neighborhood shopping district subject to such conditions as the board deems necessary, to include, but not limited to, proper setbacks, landscaping, screening, fencing, maintenance provisions, and other similar requirements:

(Ord. No. 3826(1), art. XVI, § 3, 7-3-2001)

Area occupied by buildings in the C-1 neighborhood shopping district shall not exceed 30 percent of the ground area on which the building is located.

(Ord. No. 3826(1), art. XVI, § 14 7-3-2001)

No building in the C-1 neighborhood shopping district shall exceed 40 feet in height.

(Ord. No. 3826(1), art. XVI, § 5, 7-3-2001)

The yard regulations for the C-1 neighborhood shopping district are as follows:

(1)

Front yard.

a.

No front yard setback is required for existing uses. Additions and new structures shall provide a front yard having a depth of not less than 25 feet measured from the front property line, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

d.

No accessory building shall project beyond the front yard line on either street.

(2)

Side yard. There shall be a side yard on each side of a building and said side yard shall not be less than five feet.

(3)

Rear yard. There shall be a rear yard for buildings in this district, which rear yard shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.

(4)

Landscaping and screening. A solid or semi-solid fence or wall at least six feet, but not more than eight feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs, and evergreens shall be provided along the property line and maintained by the owner or owners of this property in the C-1 district.

(Ord. No. 3826(1), art. XVI, § 6, 7-3-2001)

The sign regulations for the C-1 neighborhood shopping district are in article III of this chapter.

(Ord. No. 3826(1), art. XVI, § 7, 7-3-2001)

The loading and loading regulations for the C-1 neighborhood shopping district are in article IV of this chapter.

(Ord. No. 3826(1), art. XVI, § 8, 7-3-2001)

The parking regulations for the C-1 neighborhood shopping district are in article V of this chapter.

(Ord. No. 3826(1), art. XVI, § 9, 7-3-2001)

The traffic regulations for the C-1 neighborhood shopping district are in article VI of this chapter.

(Ord. No. 3826(1), art. XVI, § 10, 7-3-2001)

(a)

The C-2 general commercial district is intended for the purpose of allowing basic retail, service, and office uses.

(b)

This district is also intended to provide locations for commercial activities that do not require a central location downtown but do require a location easily accessible to the downtown shoppers.

(c)

Business uses needing large floor areas, particularly those not compatible with central business district densities, are included in this district.

(Ord. No. 3826(1), art. XVII, § 1, 7-3-2001)

In the C-2 general commercial district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-411.

(Ord. No. 3826(1), art. XVII, § 2, 7-3-2001)

The following uses are permitted in the C-2 general commercial district:

(1)

Accessory uses.

(2)

Amusement places (indoors).

(3)

Animal hospitals, clinics and kennels providing the establishment and runs are completely enclosed in a building.

(4)

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

(5)

Apparel and accessory stores.

(6)

Apartments on floors other than the ground floor.

(7)

Armory.

(8)

Art and art supply stores.

(9)

Artist studio.

(10)

Auditoriums and similar places of public assembly.

(11)

Automobile accessory and supply store.

(12)

Automobile and mobile home sales and service.

(13)

Automobile parking lots and garages.

(14)

Bakery and pastry shop (retail only).

(15)

Banks and other savings and lending institutions.

(16)

Barbershops, beauty shops, chiropody, massage or similar personal services.

(17)

Bicycle shops.

(18)

Books and stationery stores.

(19)

Bowling alleys.

(20)

Business and technical schools including schools for photography, dancing and music.

(21)

Business machine repair, sales and service.

(22)

Carpenter and cabinet shops employing five persons or less.

(23)

Car wash/auto detail shop.

(24)

Cigar and tobacco store.

(25)

Churches and other similar places of worship.

(26)

Clothing and costume rental.

(27)

Commercial recreation centers.

(28)

Custom dressmaking, millinery, tailoring and similar trades.

(29)

Delicatessens and catering establishments.

(30)

Department stores.

(31)

Drug stores and prescription shops.

(32)

Dry goods and notion stores.

(33)

Dry cleaning and laundry establishments.

(34)

Fire stations, police stations and jails.

(35)

Fix-it shops (radio, television and small household appliances).

(36)

Florist and gift shops.

(37)

Funeral homes and mortuaries.

(38)

Furniture and home furnishing stores.

(39)

Golf courses including miniature golf and driving tees.

(40)

Government administrative buildings.

(41)

Greenhouses, garden centers and nurseries.

(42)

Grocery stores.

(43)

Hardware stores.

(44)

Hobby, stamp and coin shops.

(45)

Hotels and motels.

(46)

Household appliance stores.

(47)

Interior decorator's shops.

(48)

Jewelry and metal craft stores and shops.

(49)

Leather goods and luggage stores.

(50)

Library and museum (public).

(51)

Lock and key shops.

(52)

Lumber and building supply stores.

(53)

Mail order catalog stores.

(54)

Medical, dental and health clinic.

(55)

Medical and orthopedic appliance stores.

(56)

Meeting halls and auditoriums.

(57)

Messenger and telegraph service stations.

(58)

Mini-storage units.

(59)

Music instrument sales and repair shops.

(60)

Music studios.

(61)

Newspaper offices.

(62)

Newsprint, job printing and printing supply stores.

(63)

Offices and office buildings.

(64)

Office supply and office equipment stores.

(65)

Optician and optometrists.

(66)

Package liquor stores.

(67)

Paint and wallpaper stores.

(68)

Parking lots and garages.

(69)

Parks and open spaces.

(70)

Lawn shops.

(71)

Pet shops.

(72)

Photographic equipment sales and supply stores.

(73)

Photographic studios.

(74)

Picture framing shops.

(75)

Plumbing shops.

(76)

Post office.

(77)

Printers.

(78)

Private clubs and lodges.

(79)

Radio and television studios.

(80)

Restaurants, including drive-ins.

(81)

Service stations.

(82)

Self-service laundries and dry cleaning establishments.

(83)

Sewing machine shops and stores.

(84)

Sheet metal shops employing five persons or less.

(85)

Shoe stores.

(86)

Shoe repair shops.

(87)

Sporting and athletic goods stores.

(88)

Stores and shops for the conduct of retail business similar to the uses listed in this section.

(89)

Tailor shops

(90)

Tattoo parlors

(91)

Taverns.

(92)

Theaters.

(93)

Tire repair shops.

(94)

Tinsmith shops employing five persons or less.

(95)

Toy stores.

(96)

Travel bureaus.

(97)

Used car lots.

(98)

Utility company offices.

(99)

Variety stores.

(100)

Watch repair shops.

(Ord. No. 3826(1), art. XVII, § 3, 7-3-2001)

The following uses may be allowed in the C-2 general commercial district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such condition as the board may impose:

(1)

Motor vehicle repair service, provided that all work shall be performed and all materials and inoperable vehicles shall be stored within an enclosed building.

(2)

Motor vehicle body shop, provided that all work shall be performed and all materials and inoperable vehicles shall be stored within an enclosed building.

(3)

Storage and warehousing except for products of a highly explosive, combustible or volatile nature.

(4)

Wholesale establishments except those which handle products of a highly explosive, combustible or volatile nature.

(5)

Any public building erected on land used by any department of the city, county, state or federal government.

(6)

Public utility. Telephone exchange, electric substation, radio and television towers, water, sewers or storm sewer facilities, a natural, piped gas operating under government franchise and contract.

(7)

Collection and distribution of recyclable items.

(8)

Wireless communications towers. See article VII of this chapter.

(9)

Single-family residence on the ground floor of a single-story building subject to the following:

a.

Principal building shall not be less than 1500 square feet.

b.

In no case shall the square footage of the residence exceed 50 percent of the building square footage or 2500 square feet, whichever is less.

c.

Off street parking shall be provided for each commercial and residential space as required in article IV of this chapter.

d.

Residence must be owner occupied and shall not be rented, leased, sub-leased or otherwise used or resided in by any other person, except that the proprietor of the business in the same building, if renting or leasing the space for a bona fide purpose, may reside in the residence.

(Ord. No. 3826(1), art. XVII, § 3, 7-3-2001; Ord. No. 4306, § 1, 5-3-2022)

A tract used for other than residential purposes in the C-2 general commercial district shall be not less than 2,500 square feet in area with an average width of not less than 25 feet. A minimum of 1,500 square feet of lot area shall be required for each apartment built above the ground floor.

(Ord. No. 3826(1), art. XVII, § 4, 7-3-2001)

No building in the C-2 general commercial district shall exceed 45 feet except as provided in the additional height, area, and use regulations of this chapter.

(Ord. No. 3826(1), art. XVII, § 5, 7-3-2001)

The yard regulations for the C-2 general commercial district are as follows:

(1)

Front yard.

a.

No front yard setback is required for existing uses. Additions and new structures shall provide a front yard having a depth of not less than 25 feet measured from the front property line, except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

d.

No accessory building shall project beyond the front yard line on either street.

(2)

Side yard. None required, except adjacent residential land use then the side yard shall be 15 feet. Existing uses otherwise complying shall not be required to provide a side yard.

(3)

Rear yard. None required, except adjacent residential land use then the rear yard shall be 15 feet. Existing uses otherwise complying shall not be required to provide a rear yard.

(4)

Landscaping and screening. A solid or semi-solid fence or wall at least six feet, but not more than eight feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs, and evergreens shall be provided along the property line and maintained by the owner or owners of this property.

(Ord. No. 3826(1), art. XVII, § 6, 7-3-2001)

The sign regulations for the C-2 general commercial district are in article III of this chapter.

(Ord. No. 3826(1), art. XVII, § 7, 7-3-2001)

The parking and loading regulations for the C-2 general commercial district are in article IV of this chapter.

(Ord. No. 3826(1), art. XVII, § 8, 7-3-2001)

The landscaping regulations for the C-2 general commercial district are in article V of this chapter.

(Ord. No. 3826(1), art. XVII, § 19 7-3-2001)

The traffic regulations for the C-2 general commercial district are in article VI of this chapter.

(Ord. No. 3826(1), art. XVII, § 10, 7-3-2001)

The C-3 central business district is intended for the purpose of grouping retail merchandising activities into a concentrated area serving the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the economic level of the central shopping district.

(Ord. No. 3826(1), art. XVIII, § 1, 7-3-2001)

In the C-3 central business district, no building shall be used and no building or structure altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in section 40-439.

(Ord. No. 3826(1), art. XVIII, § 2, 7-3-2001)

The following uses are permitted in the C-3 central business district:

(1)

Accounting offices.

(2)

Adding machine and other small business machine repair, sales, and services.

(3)

Ambulance service.

(4)

Amusement places.

(5)

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

(6)

Apartments on floors other than the ground floor.

(7)

Apparel and accessory stores.

(8)

Appliance stores.

(9)

Art and art supply stores.

(10)

Artist studios.

(11)

Auditoriums and similar places of public assembly.

(12)

Automobile accessory and supply store.

(13)

Automobile, truck and other motor vehicle sales and rental.

(14)

Automobile parking lots and garages.

(15)

Bakery and pastry shops (retail only).

(16)

Banks and other savings and lending institutions.

(17)

Barbershops, beauty shops and chiropody, massage, or similar personal services.

(18)

Bicycle shops.

(19)

Boat sales and rental.

(20)

Books and stationery stores.

(21)

Bowling centers and recreational buildings.

(22)

Building materials, retail sales.

(23)

Business and technical schools including schools for photography, dancing, and music.

(24)

Business machine sales, repair and service.

(25)

Catalog stores.

(26)

Churches.

(27)

Cigar and tobacco stores.

(28)

Clothing and costume rental shops.

(29)

Clothing stores

(30)

Commercial recreational uses.

(31)

Custom dressmaking, millinery, tailoring, and similar trades.

(32)

Dance studio

(33)

Day care centers.

(34)

Delicatessens and catering establishments.

(35)

Department stores.

(36)

Drug stores and prescription shops.

(37)

Dry cleaning and laundry establishments, self-service.

(38)

Dry cleaning and laundry establishments, commercial.

(39)

Dry goods and notion store, including coin shops and fabric shops.

(40)

Electric appliance sales and repair shops.

(41)

Farm and construction equipment, retail sales.

(42)

Fire stations, police stations, jails.

(43)

Fix-it shops (radio, television, and small household appliances).

(44)

Florist and gift shops.

(45)

Frozen food lockers of not more than 10,000 square feet in floor area.

(46)

Funeral homes.

(47)

Furniture and home furnishing stores.

(48)

Garage and auto repair shops but not including auto body and fender work and auto painting.

(49)

Garden supplies and landscape nursery.

(50)

Government buildings.

(51)

Grocery, fruit, and vegetable stores (retail only).

(52)

Hardware stores.

(53)

Heating and air conditioning shops, provided all merchandise is located in a building.

(54)

Hobby, stamp, and coin shops.

(55)

Hotels and motels.

(56)

Household appliance stores.

(57)

Insurance and investment offices.

(58)

Interior decorator shops.

(59)

Jewelry and metal craft stores and shops.

(60)

Laundry and launderettes.

(61)

Leather goods and luggage stores.

(62)

Libraries and museums (public).

(63)

Lock and key shops.

(64)

Mail order catalog stores.

(65)

Medical, dental, and health clinics.

(66)

Medical and orthopedic appliance stores.

(67)

Meeting halls and auditoriums.

(68)

Messenger and telegraph service stations.

(69)

Milk and milk products distribution stations.

(70)

Manufactured housing and recreational vehicle sales.

(71)

Music instrument sales and repair shops.

(72)

Music stores and studios.

(73)

Newspaper offices, printing and printing supply sales and service.

(74)

Newsstands.

(75)

Offices and office buildings.

(76)

Office supply and office equipment sales and service stores.

(77)

Optician and optometrist shops.

(78)

Package liquor stores.

(79)

Paint, wallpaper and glass stores.

(80)

Parking lots and garages.

(81)

Parks and open spaces.

(82)

Pawn shops.

(83)

Pet shops.

(84)

Photographic equipment sales and supply stores.

(85)

Photographic studios.

(86)

Picture framing shops.

(87)

Plumbing shops with five or less employees, provided all merchandise is stored in a building.

(88)

Prescription shops.

(89)

Printing and publishing houses (including newspapers).

(90)

Private clubs, fraternities, sororities and lodges.

(91)

Public buildings, including post office, city offices, county offices and state offices.

(92)

Radio and television studios.

(93)

Railway, taxi, and bus passenger stations.

(94)

Real estate offices.

(95)

Restaurants and snack shops, excluding drive-ins.

(96)

Self-service laundries.

(97)

Service stations.

(98)

Sewing machine shops and stores.

(99)

Shoe repair and shoeshine shops.

(100)

Shoe stores.

(101)

Sporting and athletic goods stores.

(102)

Stores and shops for the conduct of retail business similar to the uses listed in this section.

(103)

Tailor shops.

(104)

Taverns.

(105)

Television and radio sales and service.

(106)

Theaters.

(107)

Toy stores.

(108)

Travel bureaus.

(109)

Used car lots.

(110)

Upholstery shops of not more than 10,000 square feet of floor area.

(111)

Utility company offices.

(112)

Variety stores.

(113)

Watch and watch repair shops.

(114)

Accessory uses customarily incidental to the uses in this section.

(Ord. No. 3826(1), art. XVIII, § 3, 7-3-2001)

The following uses may be allowed in the C-3 central business district by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:

(1)

Motor vehicle repair service, provided that all work shall be performed and all materials and inoperable vehicles shall be stored within an enclosed building.

(2)

Motor vehicle body shop, provided that all work shall be performed and all materials and inoperable vehicles shall be stored within an enclosed building.

(3)

Storage and warehousing except for products of a highly explosive, combustible or volatile nature.

(4)

Wholesale establishments except those, which handle products of a highly explosive, combustible or volatile nature.

(5)

Retail lumber yards, providing all materials and equipment are stored in a completely enclosed building or are screened by a minimum six-foot-high solid fence.

(6)

Collection and distribution of recyclable items.

(7)

Wireless communication towers. See article VII of this chapter.

(8)

Single-family residence on the ground floor of a single-story building subject to the following:

a.

Property shall not be located within the downtown historic district.

b.

Residence shall not face Washington Avenue.

(9)

Tattoo parlors, including body piercing provided that all state guidelines are met, maintain a valid State of Kansas License, and provide privacy (walls, partitions, curtains, etc.) for clients.

(Ord. No. 3826(1), art. XVIII, § 3, 7-3-2001; Ord. No. 4263, § 1, 7-2-2019; Ord. No. 4335, § 1, 3-19-2024)

There are no intensity of use requirements in the C-3 central business district except those to meet fire regulations.

(Ord. No. 3826(1), art. XVIII, § 4, 7-3-2001)

No building in the C-3 central business district shall exceed 60 feet in height except as otherwise provided in the additional height, area, and use regulations of this chapter.

(Ord. No. 3826(1), art. XVIII, § 5, 7-3-2001)

The yard regulations for the C-3 central business district are as follows:

(1)

Front yard. No front yard is required for any building in the C-3 central business district.

(2)

Side yard. No side yard is required for any building in the C-3 central business district, except where a lot sides on any residential district, in which case there shall be a 15-foot side yard.

(3)

Rear yard. No rear yard is required for any building in the C-3 central business district, except where a lot abuts on a residential district, in which case there shall be a 15-foot rear yard.

(Ord. No. 3826(1), art. XVIII, § 6, 7-3-2001)

The sign regulations for the C-3 central business district are in article III of this chapter.

(Ord. No. 3826(1), art. XVIII, § 7, 7-3-2001)

There are no parking and loading regulations for the C-3 central business district.

(Ord. No. 3826(1), art. XVIII, § 8, 7-3-2001)

There are no landscaping regulations for the C-3 central business district.

(Ord. No. 3826(1), art. XVIII, § 9, 7-3-2001)

The traffic regulations for the C-3 central business district are in article VI of this chapter.

(Ord. No. 3826(1), art. XVIII, § 10, 7-3-2001)

(a)

The I-1 light industrial district is intended for the purpose of allowing certain industrial uses which do not:

(1)

Require intensive land coverage.

(2)

Generate large volumes of vehicular traffic.

(3)

Create obnoxious sounds, glare, dust, or odor.

(b)

Height and land coverage are controlled to ensure compatibility with adjoining uses.

(Ord. No. 3826(1), art. XIX, § 1, 7-3-2001)

In the I-1 light industrial district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-480.

(Ord. No. 3826(1), art. XIX, § 2, 7-3-2001)

The following uses are permitted in the I-1 light industrial district:

(1)

Animal hospitals or clinics.

(2)

Auto sales and repair.

(3)

Bakery, whose primary purpose is not retail sales.

(4)

Billboards subject to requirements outlined in article III of this chapter.

(5)

Bottling works.

(6)

Building material sales (except for ready-mix concrete and similar uses which emit dust, odor, or smoke).

(7)

Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.

(8)

Car wash establishments.

(9)

Carpenter, cabinet, plumbing or sheet metal shops.

(10)

Contractor's office and equipment storage yard, providing the storage yard is completely enclosed with a six-foot solid fence or wall.

(11)

Dog kennels.

(12)

Dry cleaning and/or laundry plants.

(13)

Farm and construction equipment sales and services.

(14)

Feed and seed storage and wholesale distribution.

(15)

Frozen food lockers.

(16)

Greenhouses and nurseries, retail and wholesale.

(17)

Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emission of dust, fumes, gas, odor, or smoke.

(18)

Machinery sales and storage lots.

(19)

Monument sales.

(20)

Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 90 percent.

(21)

Motor vehicle repair service; provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 90 percent.

(22)

Motor vehicle and farm implement sales and storage.

(23)

Public utility and public service uses:

a.

Municipal power plant.

b.

Substations.

c.

Railroads.

d.

Telephone exchanges, microwave towers, radio towers, television towers, telephone transmission buildings, electric power plants.

e.

Public utility storage yards when the entire storage area is enclosed by at least a six-foot wall or fence.

(24)

Collection and distribution of recyclable items.

(25)

Sign printing and manufacturing.

(26)

Truck and rail terminals.

(27)

Upholstering shops.

(28)

Warehouses.

(29)

Wholesale merchandise sales and storage.

(30)

Retail sales in conjunction with manufacturing to the extent that only those items manufactured on the site are sold.

(Ord. No. 3826(1), art. XIX, § 3, 7-3-2001; Ord. No. 3860, § I, 12-3-2002)

The following uses of land may be allowed in the I-1 light industrial district by special use permit when submitted, reviewed, and approved by the board of zoning appeals:

(1)

Livestock auction sales and/or sales of farm related products including seed and feed.

(2)

Grain elevators.

(3)

Wireless communications towers. See article VII of this chapter.

(4)

Any public building erected or land used by any department of the city, county, state or federal government including law enforcement centers and penal institutions.

(Ord. No. 3826(1), art. XIX, § 3, 7-3-2001; Ord. No. 3860, § I, 12-3-2002)

(a)

Lots in the I-1 light industrial district shall be subject to the following minimum size requirements:

(1)

Minimum lot size shall be 10,000 square feet.

(2)

Minimum lot width shall be 100 feet.

(b)

In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot except as required for arterial and/or collector streets in article VII of this chapter.

(Ord. No. 3826(1), art. XIX, § 4, 7-3-2001)

The yard regulations for the I-1 light industrial district are as follows:

(1)

When a building or structure is within 150 feet of a residential district zone, said building or structure shall not exceed 45 feet in height.

(2)

When a building or structure is more than 150 feet from a residential district zone, said building structure shall not exceed 75 feet in height.

(3)

When a building or structure is located within an airport hazard area and constitutes an airport hazard all as defined in K.S.A. ch. 3, art. 7, such building or structure shall meet the standards for elevation and height established by the Federal Aviation Administration and by ordinances of the city adopted pursuant to K.S.A. ch. 3, art. 7 and acts amendatory thereof.

(4)

Structures exceeding 75 feet in height within the three-mile airport traffic area shall be subject to review by the municipal airport board before final approval.

(Ord. No. 3826(1), art. XIX, § 5, 7-3-2001)

The yard regulations for the I-1 light industrial district are as follows:

(1)

Front yard.

a.

No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot except the buildable width of such lot shall not be reduced to less than 28 feet except where necessary to provide a yard on the side street not less than five feet in width.

d.

No accessory building shall project beyond the front yard line on either street.

(2)

Side yard. There shall be a side yard on each side of each building and said side yard shall not be less than the average height of adjacent buildings. The required side yards for the lot or tract shall be 30 feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

(4)

Landscaping and screening. A solid or semi-solid fence or wall at least six feet, but not more than eight feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the industrial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs, and evergreens shall be provided along the property line and maintained by the owner or owners of this property in the I-1 district. For purposes of safety and welfare of the public, uniform fencing eight feet high and the type provided for in the Wellington Municipal Airport master plan shall be provided adjacent to the Wellington Municipal Airport.

(Ord. No. 3826(1), art. XIX, § 6, 7-3-2001)

The sign regulations for the I-1 light industrial district are in article III of this chapter.

(Ord. No. 3826(1), art. XIX, § 7, 7-3-2001)

The parking and loading regulations for the I-1 light industrial district are in article IV of this chapter.

(Ord. No. 3826(1), art. XIX, § 8, 7-3-2001)

The landscaping regulations for the I-1 light industrial district are in article V of this chapter.

(Ord. No. 3826(1), art. XIX, § 9, 7-3-2001)

The traffic regulations for the I-1 light industrial district are in article VI of this chapter.

(Ord. No. 3826(1), art. XIX, § 10, 7-3-2001)

The I-2 heavy industrial district is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

(Ord. No. 3826(1), art. XX, § 1, 7-3-2001)

In the I-2 heavy industrial district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-517.

(Ord. No. 3826(1), art. XX, § 2, 7-3-2001)

The following uses are permitted in the I-2 heavy industrial district:

(1)

Animal hospitals or clinics.

(2)

Auto sales, and repair, service, and painting.

(3)

Bottling works.

(4)

Blacksmith shops.

(5)

Building materials, storage and sales.

(6)

Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.

(7)

Collection and distribution of recyclable items.

(8)

Contractor's office and equipment storage yard.

(9)

Dog kennels.

(10)

Dry cleaning and/or laundry plants.

(11)

Feed and seed stores.

(12)

Frozen food lockers.

(13)

Grain elevators.

(14)

Greenhouses and nurseries, retail and wholesale.

(15)

Lumber yards.

(16)

Machinery sales and storage lots.

(17)

Manufactured home fabrication, sales and storage.

(18)

Manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(19)

Motor vehicle and farm implement sales and storage.

(20)

Poultry storage or slaughtering.

(21)

Public utility and public service uses.

(22)

Radiator repair shops.

(23)

Service stations.

(24)

Storage yards providing the storage yard is completely enclosed with a eight-foot fence or wall.

(25)

Truck and rail terminals.

(26)

Upholstering shops.

(27)

Vehicle body repair, provided all repair operations are conducted in a closed building, and that all outside storage shall be enclosed by a eight-foot solid fence.

(28)

Warehouses or storage houses.

(29)

Wholesale houses.

(30)

Wireless communications towers. See article VII of this chapter.

(Ord. No. 3826(1), art. XX, § 3, 7-3-2001; Ord. No. 3868, § II, 3-4-2003)

The following uses of land may be allowed in the I-2 heavy industrial district by special use permit when submitted, reviewed, and approved by the board of zoning appeals.

(1)

Automobile wrecking yards, junkyards, and scrap processing yards subject to the following:

a.

Located on a tract of land at least 300 feet from a residential district zone.

b.

The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall, or hedge. The fence, wall, or hedge shall be of uniform height (at least eight feet high) and uniform texture and color and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk, or other material within the yard.

c.

No junk shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the enclosing building, hedge, fence or wall, or within the public right-of-way.

d.

Burning of paper, trash, junk, or other waste materials shall be permitted only after approval of the fire department. Said burning, when permitted, shall be done during daylight hours only.

e.

No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.

f.

Said use shall not be located on or visible from an arterial or major street or highway.

(2)

Manufacturing or storage of bulk oil, gas and explosives.

(3)

Oil and gas exploration, extraction and/or production.

(4)

Storage and warehousing of products of a highly explosive, combustible or volatile nature.

(5)

Mining and/or extraction of minerals.

(6)

Wholesale and retail establishments which handle products of a highly explosive, combustible or volatile nature.

(7)

Petroleum refining.

(8)

Stockyard and slaughterhouses.

(9)

Ready-mix concrete and asphalt mix plants.

(10)

Sanitary landfill.

(11)

Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or vibration.

(12)

Frozen food lockers, retail sales of meat products, processing of animal carcasses into food products and byproducts, such as boning, packaging and boxing, and the storage of finished food products and byproducts such as warehousing and cold storage, except rendering or cooking is strictly prohibited. All of these permitted uses shall be conducted wholly within a noncombustible building.

(13)

Slaughterhouses, rendering and cooking, subject, however, to the following:

a.

That the storage, keeping or housing of animals, their carcasses, byproducts or organic waste, the killing and slaughtering of animals, the storage and, or disposal of all waste resulting from the killing, slaughtering and processing of animals and animal carcasses and the cleaning of vehicle, trailers, semi-trailers and other equipment in which animals or their carcasses or byproducts are transported and removing organic waste products therefrom shall not be permitted within 100 feet of the boundary lines of adjoining tracts of land owned by others.

b.

The operation shall be conducted wholly within a noncombustible building. All exterior operations completely surrounded on all sided by a solid permanent fence not less than six feet or more than eight feet high. The fence or wall shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure all operations from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all material within the yard.

c.

Nothing shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.

d.

All waste materials, trash, junk or other byproducts shall be disposed of in a manner approved by the governmental agency having jurisdiction.

e.

The minimum lot size shall be not less than two acres.

f.

Be maintained in a clean, sanitary condition and kept free of any condition that will menace the health of the occupants or the public or constitute a nuisance.

g.

Such use shall not be noxious or offensive by reason of vibration, or noise beyond the confines of the building or emission of dust, fumes, gas, odor or smoke.

h.

Any substantial deviation, as determined by the zoning administration, from the approved plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the board prior to the issuance of a building or zoning permit

(Ord. No. 3826(1), art. XX, § 3, 7-3-2001; Ord. No. 3868, § II, 3-4-2003)

(a)

Lots in the I-2 heavy industrial district shall be subject to the following minimum size requirements unless served by a public water and sewer system:

(1)

Minimum lot area shall be 10,000 square feet.

(2)

Minimum lot width shall be 100 feet.

(b)

In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot except as required for arterial and/or collector streets in article VII of this chapter.

(c)

When a building or structure is located within an airport hazard area and constitutes an airport hazard as defined in K.S.A. ch. 3, art. 7, such building or structure shall meet the standards for elevation and height established by the Federal Aviation Administration and by ordinances of the city adopted pursuant to K.S.A. ch. 3, art. 7, and acts amendatory thereof.

(Ord. No. 3826(1), art. XX, § 4, 7-3-2001; Ord. No. 3868, § II, 3-4-2003)

The height regulations for the I-2 heavy industrial district are as follows:

(1)

When a building or structure is within 150 feet of a residential district zone, said building or structure shall not exceed 45 feet in height.

(2)

When a building or structure is more than 150 feet from a residential district zone, said building structure shall not exceed 75 feet in height if not in conflict with airport approach zones. Provided, however, if such building or structure is located within an airport hazard area and constitutes an airport hazard all as defined in K.S.A. ch. 3, art. 7, such building or structure shall meet the standards for elevation and height established by the Federal Aviation Administration and by ordinances of the city adopted pursuant to K.S.A. ch. 3, art. 7, and acts amendatory thereof.

(3)

Structures exceeding 75 feet in height within the three-mile airport traffic area shall be subject to review by the municipal airport board before final approval.

(Ord. No. 3826(1), art. XX, § 5, 7-3-2001; Ord. No. 3868, § II, 3-4-2003)

The yard regulations for the I-2 heavy industrial district are as follows:

(1)

Front yard.

a.

No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line except as required for arterial and collector streets in article VII of this chapter.

b.

Where a lot or lots have double frontage, the required front yard shall be provided on both streets.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot except the buildable width of such lot shall not be reduced to less than 28 feet except where necessary to provide a yard on the side street not less than five feet in width.

d.

No accessory building shall project beyond the front yard line on either street.

(2)

Side yard. There shall be a side yard on each side of a building and said side yard shall not be less than the average height of adjacent buildings. For the lot or tract, side yard requirements shall be 15 feet.

(3)

Rear yard. There shall be a rear yard for buildings in this district, which rear yard shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.

(4)

Landscaping and screening.

a.

A solid or semi-solid fence or wall eight feet, up to ten feet high with special use permit, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the industrial development are separated by a public right-of-way, a ten-foot landscaped buffer w which shall consist of trees, shrubs and evergreens shall be provided along the property line and maintained by the owners of this property in the I-2 district.

b.

For the purpose of safety and welfare of the public, uniform fencing eight feet high of the type provided for in the Wellington Municipal Airport master plan shall be provided adjacent to the Wellington Municipal Airport.

(Ord. No. 3826(1), art. XX, § 6, 7-3-2001)

The sign regulations for the I-2 heavy industrial district are in article III of this chapter.

(Ord. No. 3826(1), art. XX, § 7, 7-3-2001)

The parking and loading regulations for the I-2 heavy industrial district are in article IV of this chapter.

(Ord. No. 3826(1), art. XX, § 8, 7-3-2001)

The landscaping regulations for the I-2 heavy industrial district are in article V of this chapter.

(Ord. No. 3826(1), art. XX, § 9, 7-3-2001)

The traffic regulations for the I-2 heavy industrial district are in article VI of this chapter.

(Ord. No. 3826(1), art. XX, § 10, 7-3-2001)

(a)

The intent of the planned unit development (PUD) district is to encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings; to encourage a more efficient use of land reflecting changes in the technology of land development; to encourage the expansion of urban areas incorporating the best features of modern design while conserving the value of land; and to provide a procedure which relates the type, design, and layout of development to the particular site and the particular demand at the time of development in a manner consistent with the preservation of property values within established neighborhoods.

(b)

The PUD district in these zoning regulations is an overlay zone which may be used in conjunction with any of the standard residential, commercial or industrial zones. Although the specific conditions within this district are predetermined, the location of a proposed district must be carefully reviewed to assure that these conditions can be met. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions that follow.

(Ord. No. 3826(1), art. XXI, § 1, 7-3-2001)

All uses are permitted in the PUD district; however, proposed uses must be approved as shown on the development plan as specified in the regulations.

(Ord. No. 3826(1), art. XXI, § 2, 7-3-2001)

(a)

The planning commission shall make a report to the governing body setting forth its reasons for recommendation of approval or denial of the application, along with specific evidence and facts showing that the proposed planned unit development meets or does not meet the following conditions:

(1)

Said planned unit development shall be in general conformity with the provisions of the adopted comprehensive plan.

(2)

Said planned unit development shall not have a substantially adverse effect on the development of the neighboring area.

(b)

The planned unit development district may be established exclusively for residential, commercial or industrial development or any combination of those types of development.

(c)

The minimum size allowed for a planned unit development shall be as follows:

Any PUD which has combined two or more types of use into a single plan shall have a minimum allowable size for the PUD equal to the sum of the minimum land areas required for each of the two or more types contained therein.

(d)

Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD.

(Ord. No. 3826(1), art. XXI, § 3, 7-3-2001)

(a)

Upon recommendation of the planning commission the governing body may from time to time adopt general policies or specific rules and regulations for planned unit developments and place said policies or rules and regulations of public record in the office of the zoning administrator; provided said policies and/or rules and regulations are not inconsistent with the adopted standards and conditions; and provided that no policies, rules or regulations shall be revised or added to, so as to be applicable to a specific proposal for a planned unit development after an application for preliminary approval of a specific development plan has been filed.

(b)

A planned unit development shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, open space, public facilities and the development by geographic division of the site:

(1)

The applicant shall satisfy the planning commission and the governing body that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of 18 months following approval of a final plan by the governing body, and a minimum of 50 percent of the total planned construction shall be completed within a period of three years following such approval or the approval of the plan. The period of time established for the completion of the development may be modified from time to time by the governing body upon the showing of good cause by the developer.

(2)

The applicant may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which developments of each such unit must be commenced. In the case of residential planned unit developments, the governing body may permit in each unit deviations from the number of dwelling units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned development is not affected.

(3)

The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees as may be determined by the planning commission and approved by the governing body, to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.

(4)

The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development. If it is determined that traffic control signals are required to prevent traffic hazards or congestion in adjacent streets, the control signals shall be provided at the developer's expense.

(5)

The development shall not impose an undue burden on public services and facilities, such as fire and police protection.

(6)

The entire tract or parcel of land to be submitted for planned unit development shall be held in single ownership or control, or if there are two or more owners, the application for such planned unit development shall be filed jointly.

(7)

The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned unit development not used for structures, parking and loading areas, or accessways shall be landscaped or otherwise improved.

(8)

Off-street parking and loading shall be provided in accordance with article V of this chapter.

(9)

When a commercial or industrial use within a planned unit development district abuts a residential district, a solid or semi-solid fence or wall at least six feet, but not more than eight feet high and having a visual density of not less than 90 percent per square foot, shall be provided adjacent to any adjoining residential district except where the commercial or industrial development is separated from the residential zone by a street right-of-way. A ten-foot-wide landscape buffer which shall consist of trees, shrubs and evergreens located along the property line which shall be maintained by the owner or owners of the property in the planned unit development district, may be substituted for the solid or semi-solid fence when approved by the city.

(10)

All commercial and industrial buildings shall set back not less than 45 feet from the right-of-way of any street and 20 feet from any district boundary line that does not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required by the governing body, when recommended by the planning commission for protection of health, safety, and general welfare.

(11)

A minimum of 30 percent of the net area of the part of planned unit development reserved for residential development shall be provided for open space as defined by these regulations. At least one-half of this open space shall be provided for the leisure and recreational use of all PUD residents and owned and maintained in common by them, generally through a homeowner's association. The common open space shall be developed for appropriate recreational facilities and a minimum of 50 percent of the proposed recreational facilities shall be constructed prior to the development of one-half of the project, and all recreational facilities shall be constructed by the time the project is 75 percent developed.

(12)

The PUD shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to ensure its continuity, care, conservation and maintenance, and to ensure that remedial measures will be available to the governing body if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire community.

(13)

Any modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the planned unit development and the amenities incorporated in it are not inconsistent with the interest of the public generally.

(14)

No residential use shall have direct access onto an arterial street.

(15)

All commercial or industrial areas must have access to a collector or arterial street, however, no individual commercial or industrial use may have direct access onto collector or arterial streets, unless deemed necessary by the planning commission and approved by the governing body.

(16)

Sidewalks shall be built to city specifications along all public and private streets, however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrians access between each use in the planned unit development.

(17)

Consideration shall be given for the provision of bicycle traffic along collector and arterial streets or along the approved pedestrian sidewalk system.

(Ord. No. 3826(1), art. XXI, § 4, 7-3-2001)

(a)

An application for a planned unit development shall be handled in the same manner prescribed for amending the zoning ordinance. The same requirements for notice, advertisement of public hearing, protests and adoption shall be required as in conventional zoning.

(b)

The applicant shall prepare and submit 20 copies of the preliminary development plan for review and recommendation by the planning commission, which said plan shall include:

(1)

A site plan showing:

a.

Contours at intervals of two feet.

b.

General location, size and use of all proposed structures in conformance with the yard requirements; or designation of individual lots if such lots are proposed to be sold to individual owners.

c.

All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.

d.

All streets adjoining subject property and the width of the existing right-of-way.

e.

Areas set aside for public and private open space with the type of recreational facilities planned for each area indicated.

f.

Designation of individual parcels if the proposed development is to be set up in separate construction phases.

g.

Location of required screening.

h.

Location of natural features such as ponds, tree clusters and rock outcropping.

i.

Existing development on adjacent properties within 200 feet.

(2)

The site plan described in subsection (b)(1) of this section shall also include a section designated as "general provisions" and said section shall include the following items when said items are applicable.

a.

Net area ___ square feet or ___ acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street right-of-way. If more than one parcel is proposed, designate net area by parcel as well as total net area.)

b.

Density shall not exceed ___ dwelling units per acre or a total of ___ dwelling units for the entire plan. No parcel or unit of the plan shall exceed a density of ___ units per acre for the individual parcel by more than 20 percent.

c.

Building coverage shall not exceed ___ of the net area of the planned unit development by individual or total development.

d.

A minimum of ___ percent of the development plan shall be provided for common open space as defined by this regulation. (Note: Normally, this figure should be approximately 50 percent.)

e.

A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project and all recreational facilities shall be constructed by the time the project is 75 percent developed.

f.

If more than one parcel is proposed, a statement relating to the sequence of development shall be included.

g.

Required number of off-street parking spaces: ___.

h.

Gross floor area proposed: ___ square feet. (Commercial PUD only.)

i.

All proposed land uses shall be listed by parcel.

(3)

A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and stormwater.

(4)

The full legal description of the boundaries of the property or properties to be included in the planned unit development.

(5)

A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed planned unit development.

(6)

Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development.

(7)

When a planned unit development includes provisions for a common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

(8)

Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district.

(9)

In the case where a planned unit development calls for construction in units over a period of years, a schedule showing the proposed item and sequence within which the applications for final approval of all sections of the planned unit development are intended to be filed shall be submitted.

(10)

A written statement by the applicant shall be submitted setting forth the reasons why in his opinion the planned unit development would be in the public interest and would be consistent with the intent of the governing body on planned unit development.

(c)

Action by planning commission. The planning commission shall, within 60 days after a preliminary planned unit development is filed, hold a public hearing on said development after giving notice as required by statute for hearings on amendments. Said public hearing may be adjourned from time to time and within a reasonable period of time after the conclusion of said public hearing, the planning commission shall prepare and transmit to the governing body and the applicant specific findings of fact with respect to the preliminary planned unit development. The planning commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions.

(d)

Action by governing body. The governing body shall or shall not approve the preliminary development plan and authorize the submitting of the final development plan. If the governing body approves the preliminary plan, it shall pass an ordinance designating the tract with an overlay of planned unit development and so order the official zoning map to be amended.

(e)

Substantial or significant changes in the preliminary planned unit development shall only be made after rehearing and re-approval as required for the initial approval of the preliminary plan.

(Ord. No. 3826(1), art. XXI, § 5, 7-3-2001)

(a)

After approval of a preliminary plan, the applicant shall submit an application for final approval. Said final application may include the entire planned unit development or may be for a unit or section thereof as set forth in the approval of the preliminary plan and shall include changes required in the approval of the preliminary plan. The application shall include 20 copies of such drawings, specifications, covenants, easements, conditions and form of performance bond as set forth in the approval of the preliminary plan and in accordance with the conditions established in the zoning regulations for planned unit developments.

(b)

A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not:

(1)

Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area;

(2)

Increase by more than ten percent the floor area proposed for nonresidential use;

(3)

Increase by more than five percent the total ground area covered by buildings, nor involve a substantial change in the height of buildings; or

(4)

Substantially change the design of plan so as to significantly alter, as determined by the planning commission:

a.

Pedestrian or vehicular traffic flow.

b.

The juxtaposition of different land uses.

c.

The relation of open space to residential development.

d.

The proposed phasing of construction.

(c)

A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modifications on location and design of streets or facilities for water, stormwater, sanitary sewers, or other public facilities. In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, the planning commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the governing body for its final approval.

(d)

In the event that the final plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit the original plan. This preliminary development plan shall be modified in the same manner prescribed in this division for original approval.

(e)

In the event that a plan or section thereof is given final approval and thereafter the landowner shall abandon said plan or section, he shall so notify the city thereof in writing. In the event the landowner shall fail to commence the planned unit development within 18 months after final approval has been granted, such final approval shall terminate and shall be deemed null and void unless such time period is extended by the planning commission upon written application by the landowner.

(Ord. No. 3826(1), art. XXI, § 6, 7-3-2001)

Any approved final plan shall be filed of record with the register of deeds.

(Ord. No. 3826(1), art. XXI, § 7, 7-3-2001)

To further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement, or otherwise shall be subject to the following provisions:

(1)

Enforcement by the city. The provisions of the plan relating to the following shall run in favor of the city and shall be enforceable in law or in equity by the city, without limitation on any owners or regulation otherwise granted the city by law:

a.

The use of land and the use, bulk, and location of buildings and structures;

b.

The quality and location of common open space; and

c.

The intensity of use or the density of residential units.

(2)

Enforcement by the residents and owners. All provisions of the plan shall run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to the extent said provisions, whether recorded by plat, covenant, easement, or otherwise may be enforced at law or equity by said residents and owners, acting individually, jointly, or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the planned unit development except as to those portions of the plan which have been finally approved and have been recorded.

(3)

Modifications of the plan by the city. All those provisions of the plan authorized to be enforced by the city under subsection (1) of this section may be modified, removed or released by the city (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

a.

No such modification, removal or release of the provisions of the plan by the city shall affect the rights of the residents and owners of the planned unit development to maintain and enforce those provisions, at law or equity, as provided in subsection (2) of this section.

b.

No modification, removal or release of the provisions of the plan by the city shall be permitted except upon a finding by the governing body, following a public hearing called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire planned unit development, does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person.

(4)

Modification by the residents. Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the city to enforce the provisions of the plan in accordance with the provisions of subsection (1) of this section.

(Ord. No. 3826(1), art. XXI, § 8, 7-3-2001)

A planned unit development district ordinance or an approved preliminary or final development plan may be amended in the same manner prescribed in this division for approval of a preliminary or final plan. Application for amendment may be by the homeowner's association or 51 percent of the owners of the property within the PUD.

(Ord. No. 3826(1), art. XXI, § 9, 7-3-2001)

For unplatted tracts or tracts being replatted, the approval of the preliminary planned unit development shall be considered as the approval of a preliminary plat. To complete the platting process, the applicant need only submit a final plat. Said final plat shall be in accordance with the subdivision regulations.

(Ord. No. 3826(1), art. XXI, § 10, 7-3-2001)

(a)

The HCP planned highway commercial district is intended for the purpose of providing for commercial uses that are compatible with the development of the Highway 160 corridor on the east side of the city. This district can only be established for commercial uses proposed on lands bounded by Boundary Road on the west, Broadway on the east, one half mile north of Highway 160 on the north, and one mile south of Highway 160 on the south. It is not to be considered or used elsewhere within the City of Wellington zoning jurisdiction; nor are other commercial zoning classifications to be considered within the area described in this subsection.

(b)

This district also establishes the standards for the ultimate development of future commercial lands in the area described in subsection (a) of this section that will enhance the appearance of the entryway into the city; protect the value of investment in the corridor; and provide an assurance to future developers that investments will be protected from detrimental uses.

(Ord. No. 4032, § I(1), 2-12-2008)

In the HCP district, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected constructed, reconstructed, moved or altered, except for one or more of the uses in section 40-572.

(Ord. No. 4032, § I(2), 2-12-2008)

(a)

All uses in the C-S highway service district, including those by right and those that require a special use permit from the board of zoning appeals; provided, however, that the uses specifically listed in subsection (b) of this section are prohibited.

(b)

The following uses shall be prohibited in the HCP district:

(1)

Sexually oriented businesses.

(2)

Pawnshops or businesses that loan money on the security of personal property and engage in the sale of unclaimed property.

(3)

All businesses that are commonly referred to as "payday loan" shops, or that loan on car titles.

(4)

Tattoo and/or body piercing parlors.

(Ord. No. 4032, § I(3), 2-12-2008)

(a)

Where the lot will be served by public water and sewer, the minimum lot size shall be 10,000 square feet with a 100-foot minimum width.

(b)

Where public water and sewer service will not be provided on the lot, the minimum lot size shall be 80,000 square feet.

(Ord. No. 4032, § I(4), 2-12-2008)

No building or structure shall exceed 45 feet in height, or as approved by the planning commission and city council.

(Ord. No. 4032, § I(5), 2-12-2008)

The yard regulations for the HCP planned highway commercial district are as follows.

(1)

Front yard.

a.

There shall be a front yard as required for arterial streets and collector streets in the additional height, area and use regulations of article VII of this chapter.

b.

Where a lot has double frontage or is a corner lot, a front yard shall be provided on both streets. No accessory buildings or structures shall project beyond the setback line of either street.

c.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width or such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

(2)

Side yard.

a.

There shall be a side yard on each side of a one to 2½-story building, having a width of not less than five feet.

b.

There shall be a side yard on each side of a three-story building having a width of not less than eight feet.

c.

Where an HCP zone abuts any residential district zone, a side yard of not less than 15 feet shall be provided.

(3)

Rear yard. Except as otherwise provided in the additional height, area and use regulations of article VII of this chapter, there shall be a rear yard for buildings in this district as follows:

a.

One to 2½-story buildings shall have a rear yard depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

b.

Three-story buildings shall have a rear yard of not less than 30 feet.

(4)

Landscaping and screening. A solid or semisolid fence or wall at least six feet, but not more than eight feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line and be maintained by the owner of this property in the HCP district.

(Ord. No. 4032, § I(6), 2-12-2008)

The parking and loading regulations for the HCP planned highway commercial district are in article IV of this chapter.

(Ord. No. 4032, § I(7), 2-12-2008)

The traffic regulations for the HCP planned highway commercial district are in article VI of this chapter.

(Ord. No. 4032, § I(8), 2-12-2008)

(a)

Purpose.

(1)

The procedures and requirements set forth in this section, or the requirements set forth elsewhere in these regulations when referred to in this section, are for the site plans required for the HCP planned highway commercial district designated elsewhere in these regulations. These requirements are specifically intended to accommodate the planned, coordinated, and orderly site of properties classified in the HCP planned highway commercial district.

(2)

The provisions of this section may be supplemented from time to time by design guidelines adopted by the planning commission and city council by resolution. Design guidelines shall be considered as an aid in the interpretation or implementation of the provisions of this section. Design guidelines shall be considered as policy, except those parts derived from this section, and may be modified when deemed appropriate in order to accomplish higher quality development design. In the event of a conflict between a design guideline and any provision of this section, the provision of this section shall control.

(b)

Application; review, approval procedure. In order to ensure that proposed rezonings to the HCP planned highway commercial district meet the requirements of this section and will be compatible with surrounding properties and uses, it is hereby required that all developments within an HCP planned highway commercial district include a site plan which must be approved as specified within this section prior to any construction on the property.

(c)

Plan contents. The site plan shall include and/or display the following elements:

(1)

A topographic survey indicating the legal description, property boundary, existing contours, existing utilities and easements, and natural and manmade features of the property.

(2)

A site plan, drawn to the same scale as the topographic survey, indicating:

a.

Existing contours (shown as dashed lines).

b.

Proposed contours (shown as solid lines).

c.

The location and orientation of all existing and proposed buildings.

d.

Areas to be used for parking, including the number and arrangement of stalls and Americans with Disabilities Act (ADA) accessible stalls.

e.

Areas to be developed for landscaping and/or screening, including the location of plant materials, and landscaping and/or screening structures and features.

f.

Pedestrian and vehicular circulation, and their relationship to existing streets, alleys and public rights-of-way.

g.

Points of ingress and egress, with approval from the state department of transportation (KDOT) of all access points on connecting links.

h.

The location of all existing and proposed utilities (sanitary sewage systems, water systems, storm drainage systems, gas lines, telephone lines and electrical power lines).

i.

Drainage controls (retention or detention ponds—significant developments are required to match the predevelopment runoff rate).

j.

The location, size and characteristics of identification and business signs.

k.

Lighting layout, appurtenances, and intensity of illumination.

l.

Proposed finished floor elevations of all buildings and structures.

m.

The location of trash receptacles, screening and extra pavement thickness to support sanitation trucks.

n.

The location of proposed fire hydrants and distance to existing fire hydrants.

(d)

Special design standards. Property within the HCP district shall comply with all the standards for each element as specified within this section, with the exception of the following special standards, which are applicable only to properties within the HCP district:

(1)

Landscaping (guidance only).

a.

Placement of landscape materials.

1.

Rights-of-way and easements. It shall be the responsibility of the property owner to install and maintain landscape material in rights-of-way or easements. Plant types shall be approved by the city.

2.

Utility infrastructure. Trees shall be located to avoid significant interference with overhead or underground utilities, including lateral connections. Trees shall be planted at least ten feet from sanitary sewer and water service lines. A tree canopy may project over a right-of-way or easement. All landscaping plans shall be reviewed by the city utilities department in order to ensure that there are no conflicts between proposed landscaping and utility lines.

3.

Vehicular and pedestrian movement. Plant materials shall be located to avoid interference with vehicular and pedestrian movement. Plant materials shall not project over sidewalks, paths, or trails below a height of eight feet. Plant materials shall not project over street curbs or pavement within rights-of-way or access easements below a height of 15 feet.

4.

Vision clearance. Materials shall be located to avoid interference with visibility per this division.

5.

Distribution. Required landscaping shall be reasonably distributed throughout all open space areas. It is suggested that the required plantings be planted in clusters or irregular patterns, and that native grasses and other native species be used for ornamentation in addition to the required plantings.

b.

Maintenance. Developers and their successors in interest shall be responsible for the regular maintenance of all landscaping elements in perpetuity. Specifically:

1.

All plant material shall be maintained alive, healthy, and free from disease and pests.

2.

All landscape structures including, but not limited to, fences and walls shall be repaired or replaced periodically to maintain a structurally sound and aesthetic condition.

c.

Plant material standards.

1.

Live plantings. All plant material shall be living species. Dead, diseased or artificial plants shall not be recognized as contributing to required landscaping.

2.

Species diversity. On sites that require an aggregate total of 20 or more new trees, any given species of tree shall be limited to a maximum of 33 percent of the total number of newly planted trees on site.

3.

Permitted plant material. All plant material shall be selected from plant materials identified by the Kansas State Extension Service for placement in this climate zone.

4.

Prohibited plant material. Plant materials prohibited shall be as provided by the zoning administrator.

5.

New planting sizes. The following minimum sizes shall apply to all required plant material:

(i)

Deciduous trees. All newly planted deciduous trees shall be at least two inches in caliper.

(ii)

Evergreen trees. All newly planted evergreen trees shall be at least six feet tall.

(iii)

Shrubs. Shrubs shall be at least three-gallon container size or 18 inches tall.

d.

Street trees.

1.

Number. A minimum of one canopy tree shall be planted per 40 feet of property that abuts a public right-of-way.

2.

Location.

(i)

Freeway/expressway. Street trees along a limited-access highway shall be planted within 15 feet of the property line that abuts the limited-access highway. No trees shall be planted in the right-of-way.

(ii)

Proximity of adjacent street trees. The spacing between adjacent street trees shall be no less than 20 feet and no more than 40 feet.

e.

Parking lot perimeter plantings. Parking lots with four or more spaces shall have the following perimeter planting:

1.

Trees.

(i)

Number. Parking lot perimeter areas shall contain one tree per four parking spaces.

(ii)

Type. A minimum of 75 percent of the required trees shall be large canopy trees.

(iii)

Location. Trees shall be planted within ten feet of the parking lot edge.

2.

Shrubs.

(i)

Number. Parking lot perimeter areas shall contain two shrubs per one parking space, or a minimum number to provide continuous landscaping around the perimeter of the parking lot.

(ii)

Maximum setback. Shrubs shall be planted within five feet of the parking lot edge.

(iii)

Height. Shrubs planted in parking lot perimeter areas shall be selected from species that grow to a minimum height of two feet and a maximum height of four feet.

f.

Interior plantings. The following standards apply:

1.

Trees.

(i)

Number. Interior areas shall have a minimum of five large canopy trees per acre, not counting any required street trees.

(ii)

Type. A minimum of 75 percent of the required trees shall be canopy trees.

2.

Shrubs; foundation plantings. Shrubs and ornamental trees along foundation walls of structures shall be planted no closer than two feet and eight feet respectively from the foundation wall.

(2)

Signs. Signs placed in the HCP planned highway commercial district shall be as permitted for all signs in the C-S district, except as described in article III of this chapter.

(e)

Planning commission and governing body review. The planning commission and governing body shall review the site plans in the HCP zoning districts. Approval by the Wellington Planning Commission and the governing body shall constitute approval and permanency of the site plan, thereby establishing the criteria for construction of the proposed site.

(f)

Phasing; time restrictions.

(1)

The applicant may proceed with construction based on the entire site plan, or may elect to develop the property in phases. The applicant may submit the site plan separately for the first and each successive phase of construction, or for all the project with a depiction of the phasing sequence; however, all HCP planned highway commercial districts approved with a site plan shall have construction or at least the first phase begun with one year of said approval by the Wellington Planning Commission and the governing body. The applicant may request a one-year extension of this time restriction by submitting a request in writing to the Wellington Planning Commission stating the reasons construction has not begun and at what time construction is expected to begin. If the Wellington Planning Commission agrees, the one-year extension may be granted one time but shall not be granted for any longer period.

(2)

The Wellington Planning Commission and the governing body shall review the site plan and shall act on said plan in a reasonable time period. Upon approval by the Wellington Planning Commission, the site plan shall be filed for record in the office of the zoning administrator.

(3)

Those properties rezoned to the HCP planned highway commercial district at the time of adoption of the amendment that established said district and which do not have an approved site plan may submit a site plan at any time for administrative approval by the zoning administrator, following review by the Wellington Planning Commission and the governing body.

(Ord. No. 4032, § I(9), 2-12-2008; Ord. No. 4033, § I, 12-2-2008)