HUTCHINSON. AGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS August 21, :30p.m.

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1 CITY OF HUTCHINSON AGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS August 21, :30p.m. 1. ROLL CALL Daveline Piros de Carvalho Soldner Inskeep Dechant 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRAYER 4. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS a. Oral communications from the audience. (Please limit your remarks to five (5) minutes and to items NOT on the agenda.) 5. CONSENT AGENDA a. Approval of Minutes of the August 7, 2018 City Council meeting. b. Approval of voting delegates for the League of Kansas Municipalities Annual Conference. c. Approval of reappointment to the Landmarks Commission of Gale Wall, 151 O West 22 nd, to a second three-year term beginning 8/11/2018 to 8/11/2021. d. Approval of appropriation ordinance in the amount of $1,523, Action - Motion to approve the Consent Agenda; and authorize the Mayor to sign. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant 6. PUBLIC HEARING a. Public hearing to consider adoption of the 2019 budget. Action - Motion to open public hearing. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant

2 City Council Agenda August 21, 2018 Page 2 Action - Motion to close public hearing. Motion Daveline Piros de Carvalho So Id n er Inskeep Dechant Second ORDINANCES & RESOLUTIONS a. Consider Ordinances amending various sections of Chapter 27 of the City Code. Motion #1 Action - Motion to accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission the recommendation of the Planning Commission to approve amending Section Definitions of Chapter 27 of the Code of the City of Hutchinson, Kansas; and authorize the Mayor to sign. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant Motion #2 Action - Motion to accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission the recommendation of the Planning Commission to approve amending Section Accessory Buildings and Uses of Chapter 27 of the Code of the City of Hutchinson, Kansas; and authorize the Mayor to sign. Second Motion Daveline Piros de Carvalho So Id n er Inskeep Dechant Motion #3 Action - Motion to accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission the recommendation of the Planning Commission to approve amending Article IV. Zoning Districts, of Chapter 27 of the Code of the City of Hutchinson, Kansas; and authorize the Mayor to sign Second Motion Daveline Piros de Carvalho So Id n er Inskeep Dechant Motion #4 Action - Motion to accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission the recommendation of the Planning Commission to approve amending

3 City Council Agenda August 21, 2018 Page 3 certain sections of Article IX. Supplemental Regulations of Chapter 27 of the Code of the City of Hutchinson, Kansas; and authorize the Mayor to sign. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant b. Consider Ordinances annexing various right of ways. Action - Motion to approve an Ordinance including, incorporating and certifying certain land within the limits and boundaries of the City of Hutchinson, Kansas (Multi-Jurisdictional right of ways including portions of Hendricks, 43 rd Avenue, 30 th Avenue, Halstead Street, Avenue G, and Lorraine Street); and authorize the Mayor to sign. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant 8. NEW BUSINESS a. Consider Conditional Use Permit for a salvage yard located at 316 Spencer Street. Action - Motion to accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission the recommendation of the Planning Commission to approve the Conditional Use Permit for a salvage yard to be located at 316 Spencer Street, pursuant to the factors and conditions listed. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant b. Consider partial right-of-way vacation on Avenue G between Elm and Plum. Action - Motion to approve/not approve the partial vacation of Avenue G between Elm Street and Plum Street as described in the Notice to Vacate and indicated on the site map based upon the responses from potential affected utilities and departments; and authorize the Mayor to sign. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant c. Consider Airport T-Hangar Manufacturer Bid Award. Action - Motion to accept the bid from Erect-A-Tube Inc. for manufacture and delivery of eight (8) metal t-hangars for an amount not to exceed $155, for the Hutchinson Regional Airport; and authorize the Mayor to sign any necessary documents. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant

4 City Council Agenda August 21, 2018 Page4 d. Consider Orchard Park Pavilion Bids. Action - Motion to reject all bids for construction of the new park pavilion at Rivers Banks Orchard Park. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant e. Consider 2019 budget. Action - Motion to approve/not approve the 2019 budget. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant 9. REPORT OF CITY OFFICIALS a. Council b. City Manager 10. EXECUTIVE SESSION a. Motion to recess into executive session pursuant to the employer-employee negotiations exception, K.S.A (b)(3) in order to discuss issues related to 2019 contract negotiations with the City's bargaining units; the open meeting to resume in the City Council chamber at o'clock a.m. Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant 11. ADJOURNMENT Motion Second Daveline Piros de Carvalho Soldner Inskeep Dechant

5 C't-1-- -lrtt-----_. TlON ONLY... HUTCHINSON MINUTES CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS August 7, :00a.m. 1. The Governing Body of the City of Hutchinson, Kansas met in regular session at 9:00 a.m. on Tuesday, August 7, 2018 in the City Council Chambers with Mayor Dechant presiding. Councilmembers Daveline, Piros de Carvalho, Soldner and Inskeep were present. 2. The Pledge of Allegiance to the flag was recited. 3. The prayer was given by Pastor Darryl Peterson of Grace Christian Church. A Proclamation for American Wind Week was added to the meeting. The Proclamation was accepted by Myca Welch and several other employees of Siemens Gamesa. Ms. Welch said they are proud to be in Hutchinson; and thanked the council for the proclamation. 4. Petitions, Remonstrances and Communications a. Entrepreneurship Task Force Presentation by Abby Stockebrand and Dave Dukart. Mr. Dukart said when the group was started they saw a lot of good things happening in Hutchinson, but that was clouded by other news including the finding that people had a negative impression of Reno County. He said in December, 2017 they took a group to Tulsa to see what that community was doing correctly. Mr. Dukart said they visited several facilities; and got advice from them. He said they wanted to quantify why more businesses weren't coming to the community; and this is how the task force was started. Abby Stockebrand, Economic Development Manager with the Hutchinson Chamber of Commerce, said a small group got together in December 2017; and since then it has snowballed. She said after the trip to Tulsa, they developed the Reno County Entrepreneurial Ecosystem Gap Analysis. Ms. Stockebrand said they wanted to know how to better serve Reno County. She spoke about the entrepreneurship survey that was done in May, 2018, as well as the results of that survey. Mr. Dukart talked about the next steps, saying there are six subcommittees that have been formed. He said the Task Force wants to combine the efforts of various groups; and communication is important. Discussion ensued. b. Oral communications from the audience. (Please limit your remarks to five (5) minutes and to items NOT on the agenda.) Jessie Juma with the SW Bricktown Neighborhood reminded everyone about National Night Out being held tonight. He thanked the City for

6 City Council Minutes August 7, 2018 Page 2 5. Consent Agenda participating in the redevelopment of the park, saying the playground has been built; and the shelter is currently being roofed. Mr. Juma said they had a community build for the playground last Saturday; and thanked Justin Combs and Steve Allen with the Park Department for their commitment to the project. Andy Anderson, 424 Carey Street, asked how the public is notified about road closings. The City Manager said a press release goes out to the local media; and closures are also posted on social media. Mr. Anderson said it seems like a lot of people are surprised when it happens; and wondered if there was another way to notify people. Discussion ensued. a. Approval of Minutes of the July 17, 2018 City Council meeting. b. Approval of reappointments to the Hutchinson Human Relations Commission of the following: Kalene Nisly, 401 Crescent Blvd., to a first full three-year term beginning 9/11/2018 to 9/11/2021. Natasha Russell, 4300 Pin Oak Road, to a second three-year term beginning 9/11/2018 to 9/11/2021. c. Approval of June, 2018 financial reports. d. Approval of appropriation ordinance in the amount of $1,930, Motion by Councilmember Piros de Carvalho, second by Councilmember Inskeep, to approve the Consent Agenda; and authorize the Mayor to sign. The motion passed unanimously. 6. Ordinances & Resolutions a. Consider Resolution approving Hutchinson Rod Run as a Special Event in designated Entertainment District. Paul Brown, City Attorney, spoke. Motion by Councilmember Inskeep, second by Councilmember Soldner, to approve Resolution 2018 R 11 authorizing the Hutchinson Rod Run, October 5, 2018 through October 7, 2018, as a Special Event pursuant to City Code Sec et seq.; and authorize the Mayor to sign. The motion passed unanimously. b. Consider Resolution approving Brewfest as a Special Event in designated Entertainment District. Paul Brown, City Attorney, spoke. Councilmember Daveline asked about the boundaries for this event. Jeanny Sharp of The Hutchinson News spoke about the boundaries for the event. She said they are adding new elements this year, including a 32 team corn hole tournament with proceeds going toward the Reno County Veterans Memorial. Ms. Sharp said the art association will be painting all of the boards; and after the tournament they will be auctioned. She said they are hoping for great weather, but that Memorial Hall has been reserved as a backup in the event of rain. Ms. Sharp said there will also be a band playing classic rock and roll, food trucks, craft beers, etc. Discussion ensued.

7 City Council Minutes August 7, 2018 Page 3 Motion by Councilmember Piros de Carvalho, second by Councilmember Inskeep, to approve Resolution 2018 R 12 authorizing Brewfest, October 13, 2018, as a Special Event pursuant to City Code Sec et seq.; and authorize the Mayor to sign. The motion passed unanimously. c. Consider Ordinance amending the Comprehensive Plan Land Use Map for 17 West 13 th Avenue. Aaron Barlow, Associate Planner, said the house has been vacant since 2017; and is owned by Elliott Mortuary. Discussion ensued about surrounding properties, whether the house would be torn down or moved, etc. Tom Elliott, 1219 North Main, spoke. He said Elliott Mortuary purchased the home, utilities have been disconnected; and the home will be torn down. He said the property at 12 th and Washington was also purchased and torn down; and is now a vacant lot maintained by them. Mr. Elliott said after the home is demolished they will determine what they are going to do with the property. He said there is a possibility it will be used for another crematory, but that has not been determined at this time. Discussion ensued with the Mayor encouraging Mr. Elliott to salvage the structure if possible. Motion by Councilmember Daveline, second by Councilmember Soldner, to approve Ordinance providing for adoption of an amendment to the Comprehensive Plan Land Use Map appearing at Section M.1.7.b. of the Comprehensive Plan for Hutchinson Kansas (17 West 13 th Avenue); and authorize the Mayor to sign. The motion passed unanimously. d. Consider request to rezone property at 17 West 13 th Avenue. Aaron Barlow, Associate Planner, spoke. Motion by Councilmember Inskeep, second by Councilmember Piros de Carvalho, to approve Ordinance amending the zoning map referenced in Section of Chapter 27 of the Code of the City of Hutchinson, as adopted by Ordinance No. 7518; and repealing certain parts of the original zoning map as designated in Section (17 West 13 th Avenue); and authorize the Mayor to sign. Mayor Dechant asked if a crematorium is allowed in C-2 zoning. Mr. Barlow said it is allowed as an accessory use. The motion passed unanimously. e. Consider Resolution authorizing the issuance of General Obligation Bonds for construction of T-hangars. Angela Richards, Finance Director, said this is a taxable bond sale; and it could not be included in the bond sale previously held. She said bond counsel has recommended bidding this out to local banks; and banks have expressed an interest if the City bonds it over a ten year time period. Discussion ensued regarding the payback period, taxable versus non-taxable bonds, repayment capabilities, etc. Councilmember Daveline asked about the location of the T-hangars. Pieter Miller, Airport Manager, said they will be built at the south end of the airfield around the location of the bulk fuel station. Mr. Miller said he currently has a waiting list for the T-hangars; and has no doubt they will be filled. Additional discussion ensued. Motion by Councilmember Daveline, second by Councilmember Piros de Carvalho, to approve Resolution 2018 R 13 authorizing the City of Hutchinson, Kansas, to make certain public building improvements and authorizing the issuance of General Obligation Bonds of the City to

8 City Council Minutes August 7, 2018 Page4 pay the costs thereof, all pursuant to K.S.A et seq.; and authorize the Mayor to sign. The motion passed unanimously. f. Consider Resolution authorizing the sale of General Obligation Bonds. Angela Richards, Finance Director, spoke. Discussion ensued. Motion by Councilmember Piros de Carvalho, second by Councilmember Inskeep, to approve Resolution 2018 R 14 authorizing the sale of approximately $380, principal amount of General Obligation Bonds, Series 2018-B (taxable under Federal law), of the City of Hutchinson, Kansas; and authorize the Mayor to sign. The motion passed unanimously. 7. New Business a. Consider 2017 financial audit report. Angela Richard, Finance Director, introduced Randy Hofmeier, a CPA with Lindburg, Vogel. Discussion ensued. Motion by Councilmember Soldner, second by Councilmember Inskeep, to approve the 2017 Annual Financial Report of Lindburg, Vogel, Pierce and Faris Chartered. The motion passed unanimously. b. Consider Brush Up Hutch Policy Amendment. Amy Allison, Senior Planner, spoke about the proposed changes. Discussion ensued. Motion by Councilmember Soldner, second by Councilmember Piros de Carvalho, to approve the recommendation of the Housing Commission to increase the maximum amount for paint reimbursement from $ to $ for the Brush Up Hutch paint program. The motion passed unanimously. c. Consider request for acceptance of the 2018 Emergency Solutions Grant. Amy Allison, Senior Planner, said they were notified July 13, 2018 that they had been awarded the grant. Donna Davis, Director of Bright House, formerly the Sexual Assault/Domestic Violence Center, spoke. She said last year they had 91 individuals stay at the shelter, with half of those being children. Ms. Davis said the grant pays for living expenses, as well as maintenance for the house. She said the crisis line is answered 24 hours a day, with over 1,700 calls received last year. Discussion ensued. Motion by Councilmember Daveline, second by Councilmember Soldner, to approve the 2018 Emergency Solutions Grant (ESG) from the Kansas Housing Resources Corporation (KHRC) in the amount of $41,174.00; and authorize the Mayor to sign grant acceptance documents. The motion passed unanimously. d. Consider SEIU contract for Meryl Dye, Assistant City Manager, spoke. Discussion ensued. Motion by Councilmember Inskeep, second by Councilmember Piros de Carvalho, to approve the 2019 Memorandum of Understanding between the City of Hutchinson, Kansas and Service Employees' International Union Local 513, AFL-CIO; and authorize the Mayor to sign. The motion passed unanimously.

9 City Council Minutes August 7, 2018 Page 5 e. Consider setting public hearing for 2019 budget. John Deardoff, City Manager, spoke about the mill levy, cuts that were made to the budget, etc. Mayor Dechant complimented Mr. Deardoff on the summary of the budget that was prepared; saying the booklet is very helpful. Discussion ensued. Councilmember Daveline said he has taken time in the past 60 days to identify other Kansas communities; and whether these budget challenges are unique to Hutchinson. He said it is not; other communities that are faced with the same challenges. Councilmember Daveline said we are on solid financial footing, but we must continue to be progressive in our thinking. Additional discussion ensued. Motion by Councilmember Soldner, second by Councilmember Inskeep, to approve the Notice of Hearing setting August 21, 2018 at 5:30 p.m. in the City Council Chambers as the date, time and place for the formal 2019 budget public hearing. The motion passed unanimously. 8. Report of City Officials a. Council Councilmember Soldner had no comments. Councilmember Daveline commented about the rental inspection program saying he believes there needs to be discussion about the future of the program. Jim Seitnater, Interim Director of Planning and Development, said there was quite a bit of discussion during the last Housing Commission meeting; and a sub-committee of members of the Housing Commission and staff has been formed to review some talking points. He said they don't want to "throw in the towel", but want it to be a positive, productive program. Additional discussion ensued. Councilmember Inskeep said he drove by the SW Bricktown Park today. He said they are putting the roof on the shelter building; and the playground looks very nice. He said it used to be just green space, but now will have a lot of activity. Councilmember Inskeep said he had also heard from a citizen about left turn lanes at various intersections. He said some have a protected turn lane with a signal showing a green arrow which allows a protected left turn that then changes to solid green allowing you to turn when there is no traffic, while others change from a green arrow to a red light. He wondered if they could look at reprogramming these signals, so they could all be the same. Discussion ensued. Councilmember Piros de Carvalho encouraged everyone to get out to vote. She also asked about the ordinance establishing a building commission. City Attorney Paul Brown said he would visit with her about that after the meeting.

10 City Council Minutes August 7, 2018 Page 6 Mayor Dechant also reminded everyone to get out to vote, as well as reminding people in the SW Bricktown, Farmington and College Grove neighborhoods about National Night Out. b. City Manager 9. Executive Session Parade Parking. Mr. Deardoff said he spent time with staff and people from the downtown district discussing this matter. He said the recommendation is to leave things as they are, as there are a lot of logistic issues with regarding to blocking parking, etc. Councilmember Piros de Carvalho said she received several complaints about this issue, but when she posted a poll on Facebook, it was 134 to 78 in favor of parking remaining as it is. She said there were a lot of good suggestions that were offered including using only one side of Main Street for parking, etc. Mayor Dechant said throwing treats from the vehicles/trailers seems to be what draws people out into the street; and said he didn't know that this was not allowed. He said parade participants are supposed to walk the parade route and distribute candy, flyers, etc. to parade observers. Mayor Dechant urged parade organizers to enforce the "no throwing" rules. Mr. Deardoff said he has been in communication with the Kansas State Fair; and they have approached him about putting in a sidewalk from the fire station on 20 th Avenue to Gate 1 located at 20 th and Poplar. He said the cost for this is approximately $36, He said they also talked about a sidewalk from the fire station to Gate 2 located directly behind the fire station, which will cost approximately $7, Mr. Deardoff said he told Mr. Moeder with the Kansas State Fair, the City would consider paying for one-half of the cost. Mr. Deardoff asked the council if they are interested in sharing the cost of construction of a sidewalk to Gate 2. Councilmembers indicated they would be willing to split the cost of construction of the sidewalk. Mr. Deardoff also talked about the FEMA grant received by the Fire Department in the amount of $80, a. Motion by Councilmember Piros de Carvalho, second by Councilmember Inskeep, to recess into executive session pursuant to the employer-employee negotiations exception, K.S.A (b)(3) in order to discuss issues related to 2019 contract negotiations with the City's bargaining units; the open meeting to resume in the City Council chamber at 11 :30 a.m. The motion passed unanimously. The meeting reconvened in the City Council chambers at 11 :30 a.m.

11 City Council Minutes August 7, 2018 Page 7 Motion by Councilmember Inskeep, second by Councilmember Soldner, to recess into executive session pursuant to the employer-employee negotiations exception, K.S.A (b)(3) in order to discuss issues related to 2019 contract negotiations with the City's bargaining units; the open meeting to resume in the City Council chamber at 12:00 p.m. The motion passed unanimously. The meeting reconvened in the City Council chambers at 12:00 p.m. 10. Adjournment Motion by Councilmember Dechant, second by Councilmember Inskeep, to adjourn. The motion passed unanimously.

12 FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY CITY OF HUTCHINSON CITY MANAGE~S OFFICE MEMORANDUM TO: FROM: CC: DATE: SUBJECT: Hutchinson City Council Meryl Dye, Assistant City Mgr. fy\ ~,e..., Karen Weltmer, Accounting Manager/City Clerk August 8, 2018 VOTING DELEGATES FOR THE LEAGUE OF KS MUNICIPALITIES ANNUAL CONFERENCE The League's Annual Conference this year will be held in Topeka on October 6-8, The City is allowed 5 voting delegates and 5 alternates from among the City's officers to represent the City in the conduct and management of the affairs of the League during the annual meeting held on Monday afternoon, October 8 th The City Council needs to confirm the following as voting delegates and alternates for the conference: Steve Dechant, Mayor Jon Daveline, Councilmember John Deardoff, City Manager Alternates: (none} ACTION REQUIRED: Motion to approve Steve Dechant, Jon Dave line, and John Dea rd off as voting delegates for the 2018 Annual Conference of the League of Kansas Municipalities. LKM Voting Delegates_2018

13 COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY CITY OF HUTCHINSON CITY MANAGER'S OFFICE MEMORANDUM TO: FROM: CC: DATE: SUBJECT: Steve Dechant, Mayor Meryl Dye, Assistant City Manager f() ~.Iv Aaron Barlow, Associate Planner August 16, 2018 Reappointment to the Landmarks Commission BACKGROUND: The Hutchinson Landmarks Commission consists of seven (7) members, appointed by the Mayor and approved by the Governing Body. At least 40% of the members are required to be preservation-related professionals such as an architect, architectural historian, archeologist, historian, landscape architect, or planner. Each appointment is for a three (3) year term, and no members shall serve more than two (2) consecutive full terms. RECOMMENDATIONS: The Planning Department recommends reappointment as follows: Gale Wall, 1510 W. 22nd, Hutchinson, is eligible for reappointment to a second three-year term beginning 8/11/2018 to 8/11/2021. Ms. Wall is a historical researcher/genealogist. ACTION REQUIRED: Approve the reappointment of Gale Wall to the Hutchinson Landmarks Commission. Landmarks Brd_G. Wa11_2018

14 Planning and Development Department Date: To: From: RE: Wednesday,AugustlS,2018 Meryl Dye, Assistant City Manager Aaron Barlow, Associate Planner Request for Reappointment - Landmarks Commission The Landmarks Commission is comprised of seven members with expertise in preservation, history, architecture and related fields. Please consider reappointment of the following Commissioner to the Landmarks Commission. Board or Commision: Member Name: Term Number: Term Begin: Term End: Membership Type: Landmarks Commission Gale Wall 2 8/11/2018 8/11/2021 Historical Researcher/ Genealogist Please find the application for appointment attached to this memorandum. Let me know if you have any questions or need additional information. Enc. Page 1 of 1

15 APPLICATION FOR APPOINTMENT TO CITY BOARDS CITY OF HUTCHINSON Please advise whether you own or rent your place of residence, or possess any other real estate property within the city llmlts of Hutchinson. Also lease indicate whether all current and prior year real estate and personal property taxes are paid. Residence: Property (Residence) Taxes Paid: Current: Yes _No Prior Years: _No Do you agree to maintain paym Board/Commission/Committee: _ f property taxes on all real estate owned by you while serving as a member of this Yes Please Indicate below your reasons for wanting to serve on this particular board, commission, or committee. Tell us what special knowledge, skills, experience, or background you possess that you believe are applicable to this board. I understand that I am expected to attend regula y schecluled meetings of the board or whlc I am appointed, and that frequent non-attendance may result in termination of my appointment. I understand that I must reside In, or own or rent real property with e City of Hutchinson, unless rules governing this board provide exception for me to reside, own or rent real property ou de he City of Hutchtnson but within Reno County. I understand that all data supplied on this application Is a matter of public rec d d ill be sclosed upon request. I affix my signature as to assure that all my taxes are up-to-date and/or paid In ace da c Ith a p lcab e. w. Date ) Return completed application and supplemental materials to: City Manager' Office, PO Box 1567, Hutchln1on, KS Application for Appointment_Rev. Jul 2016

16 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE /13/2018 WIRE Invoice: INVOICE DTL DESC PO RUN 764 LDF SALES & DIST INC /13/ BEER Golf Alcoholic Beverages 439 TOTAL: IP 1 lapcshdsb NET /13/2018 WIRE Invoice: CITY BEVERAGE COMPANY INC /13/ BEER Golf Alcoholic Beverages 440 TOTAL: /16/2018 EFT 100 B & B HYDRAULICS, INC /06/ Invoice: hyd hose & parts - # Central Gar Rev Vehicle Parts Invoice: B & B HYDRAULICS, INC /06/ hyd parts - # Central Gar Rev Vehicle Parts B & B HYDRAULICS, INC /09/ Invoice: Hose - Car Wash Central Gar Shop Plant Equp Re Invoice: B & B HYDRAULICS, INC /09/ Hyd parts - # Central Gar Rev Vehicle Parts 3479 TOTAL: /16/2018 EFT 132 BG CONSULTANTS, INC H /13/ Invoice: H BG CONSULTANTS 2, E CIP FB Res for Encum 3480 TOTAL: , , /16/2018 EFT 137 BLACK HILLS ENERGY AUG18 08/10/ Invoice: AUG18 AUG 18 SERV/FIRE TRC Fire Gas Invoice: AUG18 BLACK HILLS ENERGY AUG18 08/10/ AUG 18 SERV/DISPOSAL WELL GENERATOR Water 1?11Bduci:;:;"'" ~A I IL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION,,,,,,,,, INFORMATION ONLY

17 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 2 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC 3481 TOTAL: /16/2018 EFT Invoice: BOWMAN PHD /09/ Psych testing on applicants Police Adrnin Othr Prof Serv TOTAL: /16/2018 EFT 432 FOLEY EQUIPMENT CO. Invoice: PS PS /10/ parts - # Central Gar Rev Vehicle Parts 3483 TOTAL: /16/2018 EFT Invoice: IN 449 GADES SALES CO INC IN 08/02/ , Repairs to signals at 9th & Main & 11th & Plum 7, Risk Mngrnent Uninsured Loss 3484 TOTAL: 7, /16/2018 EFT 1180 KANSAS DEPT HEALTH/BUREAU OF WATE C lA /01/ Invoice: C lA Revolving Loan Program 70, WWTP Bond Principal 26, WWTP Bond Interest 2, WWTP Agent Fee KANSAS DEPT HEALTH/BUREAU OF WATE C Invoice: C , , , /01/ Revolving Loan Program Water Adrnin Bond Principal Water Adrnin Bond Interest Water Adrnin Agent Fees 3485 TOTAL: 100, , , /16/2018 EFT Invoice: KANSAS GOLF & TURF, INC /07/ golf cart parts Golf Golf Cart Parts TOTAL: /16/2018 EFT Invoice: KIMBALL MIDWEST /03/ Shop supplies Golf Minor Equipment

18 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 3 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC 3487 TOTAL: /16/2018 EFT Invoice: LEAGUE OF KS MUNICIPALITIES /10/ LKM conference registration (Deardoff & Dechant) City Council Dues & Membership City Manager Dues & Membersh 3488 TOTAL: /16/2018 EFT Invoice: PRAIRIE FIRE COFFEE /08/ Coffee Golf Other Beverages TOTAL: /16/2018 EFT Invoice: PRAIRIELAND PARTNERS /13/ relay - #78 Central Gar Rev Vehicle Parts TOTAL: /16/2018 EFT Invoice: RAMSEY PROPANE INC /05/ Propane for patch crews Street Propane TOTAL: /16/2018 EFT Invoice: B 1069 ROSE MOTOR SUPPLY CO INC B /31/ parts - stock Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /31/ flex guard loom -stock Central Gar Rev Vehicle Parts 8.98 Invoice: B ROSE MOTOR SUPPLY CO INC B /02/ parts - Brush 11 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /06/ parts - #188 Central Gar Rev Vehicle Parts 7.20 Invoice: B ROSE MOTOR SUPPLY CO INC B /06/ bulbs -stock Central Gar Rev Vehicle Parts 31.12

19 08/15/ :01 shellyhs!city of Hutchinson fa/p CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE Invoice: B Invoice: B Invoice: B Invoice: B Invoice: B Invoice: B Invoice: B Invoice: B Invoice: B ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC ROSE MOTOR SUPPLY CO INC B B B B B B B B B INVOICE DTL DESC PO RUN 08/06/ Elec parts - Brush 11 Central Gar Rev Vehicle Parts 08/07/ batteries - stock Central Gar Rev Vehicle Parts 08/06/ elec parts - Brush 11 Central Gar Rev Vehicle Parts 08/07/ small engine air filters -stock Central Gar Rev Vehicle Parts 08/08/ Filter - $119 Central Gar Rev Vehicle Parts 08/09/ brake calipers - #223 Central Gar Rev Vehicle Parts 08/08/ AC parts - stock Central Gar Rev Vehicle Parts 08/09/ belt tensioner - stock Central Gar Rev Vehicle Parts 08/09/ belts - stock Central Gar Rev Vehicle Parts 3492 TOTAL: /16/2018 EFT 1087 SALINA SUPPLY CO Sl /02/ Invoice: Sl Water Maintenance Parts Bid Water Distribution Pluming Sup SALINA SUPPLY CO S /02/ Invoice: Sl Water Maintenance Parts Bid Water Distribution Pluming Sup 3493 TOTAL: IP 4 fapcshdsb NET

20 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 5 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 EFT 1108 SCHULTE SUPPLY INC. Sll /25/ Invoice: Sll Gloves & Hip Waders Water Distribution Minor Equip 3494 TOTAL: /16/2018 EFT 1113 SDK LABORATORIES INC CITYHUT 08/03/ Invoice: CITYHUT Water Treatment Analysis Water Production Othr Prof Ser 3495 TOTAL: /16/2018 EFT Invoice: SIGN LANGUAGE INTERPRETING SER /09/ Interpreting service for council for July City Council Misc Contract Ser 3496 TOTAL: /16/2018 EFT Invoice: /16/2018 EFT Invoice: Invoice: Invoice: Invoice: T & E OIL COMPANY INC /31/ unleaded fuel 19, Central Gar Rev Gasoline 3497 TOTAL: 1450 THE HUTCHINSON NEWS /10/ Budget Publication Finance Legal Publication THE HUTCHINSON NEWS THE HUTCHINSON NEWS THE HUTCHINSON NEWS /10/ T-Hanger Bond Publication.00 E Other Capital Outlay E CIP Misc Contractual /10/ Legal publication for Ord City Council Legal Publication 08/10/ Legal publication of Ord City Council Legal Publication 19, ,

21 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 6 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC 3498 TOTAL: /16/2018 EFT Invoice: Invoice: Invoice: TYLER TECHNOLOGIES, INC TYLER TECHNOLOGIES, INC TYLER TECHNOLOGIES, INC 19, , /01/ Court Online Component Monthly Municipal Court Software Maint 08/01/ Tyler Software Maintenance 9-1 Municipal Court Software Maint /12/ Munis UB software implementati E Other Equipment 3499 TOTAL: , , , /16/2018 EFT 1306 VERIZON WIRELESS Invoice: /16/2018 EFT 1306 VERIZON WIRELESS Invoice: AUG /01/ Cellular Service Account 2 of Central Gar Shop Telephone Fire Telephone Inspection Telephone Airport Telephone Water Adrnin Telephone 3500 TOTAL: AUG18 07/28/ Monthly service Police Adrnin Telephone 3501 TOTAL: /16/2018 EFT Invoice: 18P-GW2018 Invoice: 19F-GW2018 Invoice: 12CE-GW2018 Invoice: 19W-GW WARNKEN ENTERPRISES 18P-GW /06/ Contract Mowing Forestry & Hort Misc Contract WARNKEN ENTERPRISES WARNKEN ENTERPRISES WARNKEN ENTERPRISES 19F-GW CE-GW2018 1, W-GW /03/ Blanket PO for mowing services Fire Misc Contractual 08/10/ Mowing of Private Property List 12 Inspection Misc Contractual 08/10/ Mowing (water wells and towers ,

22 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: 19P-GW2018 WARNKEN ENTERPRISES INV DATE INVOICE DTL DESC PO RUN Water Production Misc Contract 19P-GW /10/ Contract Mowing Forestry & Hort Misc Contract 3502 TOTAL: /16/2018 EFT 1392 ZAYO GROUP LLC AUG18 08/10/ Invoice: AUG18 AUG 18 SERVICE Water Production Telephone WWTP Telephone 3503 TOTAL: /16/2018 PRTD 15 ACE FIRE EXTINGUISHER CO IN /24/ Invoice: IN Fire extinguisher semi annual Forestry & Hort Misc Contract TOTAL: /16/2018 PRTD 30 AIRGAS USA, LLC /27/ Invoice: Blanket PO for oxygen refills Fire Chemicals AIRGAS USA, LLC /31/ Invoice: AIRGAS- INVOICE - FUN VALLEY Fun Valley Misc Contractual Invoice: Invoice: Invoice: Invoice: Invoice: AIRGAS USA, LLC /31/ AIRGAS INVOICE- PARK DEPT Park Maint Misc Contractual AIRGAS USA, LLC /31/ AIRGAS INVOICE- AIRPORT Airport Misc Contractual AIRGAS USA, LLC /31/ Airgas Monthly cylinder rental WWTP Misc Contractual AIRGAS USA, LLC /31/ Airgas Monthly cylinder rental Water Production Misc Contract AIRGAS USA, LLC /31/ cylinder rental Central Gar Shop Misc Contract IP 7 lapcshdsb NET ,

23 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 8 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD Invoice: ALERT-ALL CORP , /01/ Educational materials - Fire P Fire Prevention Education 2, TOTAL: 2, /16/2018 PRTD Invoice: INV ALL HANDS FIRE EQUIPMENT, LLC INV , /01/ Safety harnesses for crews Fire Fighting Equipment 1, TOTAL: 1, /16/2018 PRTD Invoice: ALTEC INDUSTRIES, INC /27/ Repair parts - #148 Central Gar Rev Vehicle Parts TOTAL: /16/2018 PRTD Invoice: July APPLE LANE ANIMAL HOSPITAL PA July /26/ Neuter Animal Shelter Spay/Neu Refund TOTAL: /16/2018 PRTD Invoice: AUTOMOTIVE EQUIPMENT, INC 1, /10/ Replacement oil dispensing gun E MERF Misc Contractual 1, TOTAL: 1, /16/2018 PRTD Invoice: BERRY TRACTOR & EQUIPMENT , /06/ , Rent Tracked Excavator & bucket-2nd/final payment PW Maint Machinery Rent TOTAL: 4, /16/2018 PRTD Invoice: BRIDGMAN OIL COMPANY /18/ BRIDGMAN OIL CO. - INVOICE - F Fun Valley Gasoline

24 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 9 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD Invoice: CARQUEST OF HUTCHINSON /08/ brakes -Engine 7 Central Gar Rev Vehicle Parts TOTAL: /16/2018 PRTD Invoice: van tag 197 CAUSE FOR PAWS, INC van tag /13/ Reimbursement for Cause for Pa Motor Vehicles-Rescue Van TOTAL: /16/2018 PRTD Invoice: Invoice: b Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: PET PARTNERS LLC PET PARTNERS LLC b 08/02/ spay Animal Shelter Spay/Neu Refund 08/02/ Danny Medical E Donation Misc Contractual PET PARTNERS LLC /02/ Vet Services Animal Shelter Outside Medical Animal Shelter Spay/Neu Refund PET PARTNERS LLC /02/ Rabies Animal Shelter Outside Medical PET PARTNERS LLC /08/ Spay/Neuter Animal Shelter Spay/Neu Refund PET PARTNERS LLC /08/ Rabies Animal Shelter Outside Medical PET PARTNERS LLC /08/ Spay/neuter Animal Shelter Spay/Neu Refund PET PARTNERS LLC /08/ Vet Services Animal Shelter Outside Medical Animal Shelter Spay/Neu Refund

25 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 10 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC Invoice: Invoice: /16/2018 PRTD Invoice: 7265 Invoice: 7231 Invoice: 7046 PET PARTNERS LLC /06/ HBC dog E Donation Misc Contractual PET PARTNERS LLC CENTRAL WELDING & MACHINE, LLC CENTRAL WELDING & MACHINE, LLC 7231 CENTRAL WELDING & MACHINE, LLC , /07/ Rabies Animal Shelter Outside Medical TOTAL: 07/31/ repairs to mower - #63 Central Gar Rev Vehicle Parts 07/31/ Steel Cables Water Distribution Steel/Iron 06/20/ Cages & anchor bolt assemblies-17th & Main E Other Capital Outlay TOTAL: , , , /16/2018 PRTD Invoice: in 218 CHENEY DOOR CO, INC in 07/13/ Alarm Services Information Tech Misc Contract TOTAL: /16/2018 PRTD Invoice: inl COMMERCIAL LAUNDRY SALES & SERVIC inl /10/ Detergent and Bleach for Washe Animal Shelter Household Supp TOTAL: /16/2018 PRTD Invoice: CONCRETE ENTERPRISES INC /12/ SW. BRICKTOWN - INVOICE - PARK E Other Capital Outlay CONCRETE ENTERPRISES INC /13/

26 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: CONCRETE ENTERPRISES INC INVOICE DTL DESC PO SW. BRICKTOWN - INVOICE - PARK E Other Capital Outlay /26/ Concrete-17th & Main E Other Capital Outlay RUN CONCRETE ENTERPRISES INC /20/ th&? Van Buren - Storm Storm Sewer Concrete CONCRETE ENTERPRISES INC /23/ Northwestern & Tulane Water Production Concrete CONCRETE ENTERPRISES INC /24/ th & van Buren Storm Sewer Concrete CONCRETE ENTERPRISES INC /25/ th & Halstead Water Production Concrete CONCRETE ENTERPRISES INC /26/ th & Van Buren Storm Sewer Concrete CONCRETE ENTERPRISES INC /25/ CONCRETE/ FLOWABLE FILL Water Distribution Concrete CONCRETE ENTERPRISES INC /26/ CONCRETE/ FLOWABLE FILL Water Distribution Concrete CONCRETE ENTERPRISES INC /25/ Concrete for full depth's and Street Concrete CONCRETE ENTERPRISES INC /26/ CONCRETE/ FLOWABLE FILL Water Distribution Concrete CONCRETE ENTERPRISES INC /26/ CONCRETE/ FLOWABLE FILL 1, Water Distribution Concrete CONCRETE ENTERPRISES INC /23/ IP 11 lapcshdsb NET ,

27 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: Invoice: Invoice: Invoice: Invoice: CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC INV DATE INVOICE DTL DESC PO Concrete for full depth's and Street Concrete RUN 07/20/ Concrete for full depth's and Street Concrete 07/19/ Concrete for full depth's and Street Concrete 07/18/ Concrete for full depth's and Street Concrete 07/17/ Concrete for full depth's and Street Concrete TOTAL: IP 12 lapcshdsb NET , /16/2018 PRTD Invoice: CONRAD FIRE EQUIPMENT, INC , /09/ Parts - Engine 1 & Engine 7 Central Gar Rev Vehicle Parts 1, Invoice: CONRAD FIRE EQUIPMENT, INC /13/ AC repairs - Engine 7 Central Gar Rev Vehicle Parts TOTAL: 1, /16/2018 PRTD Invoice: COOPER TIRE SERVICE INC /02/ tire repair - #326 Central Gar Rev Vehicle Parts TOTAL: /16/2018 PRTD Invoice: Aug CULLIGAN WATER TREATMENT Aug /01/ Water for staff/volunteers Animal Shelter Office Equp Rnt TOTAL: /16/2018 PRTD Invoice: Jl CUMMINS CENTRAL POWER, LLC Jl /08/ Belt Tensioner - Engine 7 Central Gar Rev Vehicle Parts

28 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 13 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD Invoice: DAN DEE AIR INC /07/ Shearing of Sign Blanks for Fa Street Misc Contractual TOTAL: /16/2018 PRTD 312 DAVELINE Invoice: REIMB MILEAGE REIMB MILEAGE08/08/ Transportation Task Force Topeka, Ks City Council Travel TOTAL: /16/2018 PRTD 314 DAVIS PER DIEM 08/13/ Invoice: PER DIEM Travel to Professional Org Meeting lawrence, ks Information Tech Travel TOTAL: /16/2018 PRTD Invoice: BARRY A CARTER , /13/ Boat engine Fire Vehicle Parts , TOTAL: 1, /16/2018 PRTD Invoice: SMi DOUBLE COMPANY, INC. SMi /30/ repairs to fuel island Central Gar Shop Plant Equp Re TOTAL: /16/2018 PRTD Invoice: DPC ENTERPRISES, L.P /30/ Caustic Soda for Water Treatme 4, Water Production Chemicals TOTAL: 4, , /16/2018 PRTD Invoice: EBELING POOLS INC /20/ EBELING POOLS, INC. - INVOICE Swimming Pool Chemicals Invoice: EBELING POOLS INC /06/ EBELING POOLS, INC. - INVOICE Swimming Pool Ag & Hort Supp

29 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 14 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC Invoice: EBELING POOLS INC /05/ EBELING POOLS, INC. - INVOICE Swimming Pool Chemicals Invoice: EBELING POOLS INC /25/ EBELING POOLS, INC. - INVOICE Swimming Pool Chemicals Invoice: EBELING POOLS INC /27/ EBELING POOLS - INVOICE - SALT Swimming Pool Chemicals Invoice: FC7Vg0004 EBELING POOLS INC FC7Vg /31/ EBELING POOLS - INVOICE - SALT Swimming Pool Minor Equip TOTAL: /16/2018 PRTD Invoice: ENGINEERING CONSULTANTS, PA , /09/ ENGINEERING CONSULTANTS - SW B Park Admin Misc Contractual 1, TOTAL: 1, /16/2018 PRTD 397 FASTENAL CO KSHUT /02/ Invoice: KSHUT Janitorial supplies - Park Park Maint Cleaning Supplies TOTAL: /16/2018 PRTD Invoice: IN 439 FORT BEND SERVICES, INC IN 7, /08/ Polymer for Biosolids operatio WWTP Chemicals 7, TOTAL: 7, /16/2018 PRTD Invoice: GMIS INTERNATIONAL /03/ Professional Org Dues Information Tech Dues & Memb TOTAL: /16/2018 PRTD Invoice: GPS INSIGHT LLC /01/ GPS Monitoring Fee PW Maint Misc Contractual Central Gar Shop Misc Contract 1,494.98

30 08/15/ :01 shellyhs CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME Invoice: ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL GPS INSIGHT LLC INVOICE INV DATE INVOICE DTL DESC PO RUN Animal Control Misc Contract Street Misc Contractual Water Production Misc Contract Water Distribution Misc Contra WWTP Misc Contractual Sanitary Sewer Misc Contract 08/01/ GPS Monitoring Fee PW Maint Misc Contractual Central Gar Shop Misc Contract Animal Control Misc Contract Street Misc Contractual Water Production Misc Contract Water Distribution Misc Contra WWTP Misc Contractual Sanitary Sewer Misc Contract TOTAL: IP 15 lapcshdsb NET 1, , /16/2018 PRTD Invoice: 579 Invoice: H. EXCAVATING LLC 19, H. EXCAVATING LLC /07/ Demolition of houses Bid E Other Capital Outlay /07/ Complete repairs to sidewalk 413 West 1st Inspection Misc Contractual TOTAL: 19, , /16/2018 PRTD Invoice: HARCROS CHEMICALS INC /26/ HARCROS - INVOICE - SALT CITY Swimming Pool Chemicals TOTAL: /16/2018 PRTD Invoice: HELENA CHEMICAL CO /26/ Golf Course Chemicals Golf Chemicals TOTAL: /16/2018 PRTD Invoice: HILL'S PET NUTRITION SALES, INC /04/ Food for Shelter Animals Animal Shelter Animal Food

31 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: HILL'S PET NUTRITION SALES, INC INV DATE INVOICE DTL DESC PO RUN 08/10/ Food for Shelter Animals Animal Shelter Animal Food TOTAL: IP 16 lapcshdsb NET /16/2018 PRTD Invoice: HOOK-FAST SPECIALTIES, INC /03/ Name plates Patrol & Invest Wearing Materl TOTAL: /16/2018 PRTD Invoice: HORIZONS MENTAL HEALTH CENTER, IN /07/ Pschological First Aid Training E Other Equipment TOTAL: /16/2018 PRTD Invoice: HUTCHINSON CLINIC, PA /10/ Pre-Employment Exams Risk Mngrnent Outsd Medical Invoice: HUTCHINSON CLINIC, PA /10/ Pre-Employment Exams Risk Mngrnent Outsd Medical TOTAL: /16/2018 PRTD Invoice: HUTCHINSON COMMUNITY COLLEGE , /08/ HUTCHCC - INVOICE - SPORTS ARE Sports Arena Cleaning Supplies 16, TOTAL: 16, /16/2018 PRTD Invoice: IBT INC /03/ Medical Office Supplies Utility Billing Office Supply Invoice: IBT INC /03/ Alcohol wipes Patrol & Invest Medical & Lab 2.58 Invoice: IBT INC /03/ filters - stock Central Gar Rev Vehicle Parts

32 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 17 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RON NET INVOICE DTL DESC Invoice: IBT INC /07/ filters - stock Central Gar Rev Vehicle Parts Invoice: IBT INC /03/ first aid supplies Animal Shelter Medical & Lab Invoice: IBT INC /03/ Mediproxen-First Aid Restock for PW PW Admin Misc Contract Invoice: IBT INC /18/ Safety glasses,noseclips,earplugs-lst Aid (Eng) Engineering Misc Contractual TOTAL: /16/2018 PRTD Invoice: JAYS UNIFORMS, LLC /07/ Brass for 3 horn promotion Fire Misc Contractual TOTAL: /16/2018 PRTD Invoice: KANSAS DEPT OF REVENUE /08/ Quarterly Water Protection & C 10, Water Fund State Water Fee 9, Water Admin Clean Wtr Fee 20, TOTAL: 20, /16/2018 PRTD 680 KANSAS GAS SERVICE ZAUG18 08/13/ Invoice: ZAUG18 AUG18 SERV/ZOO CARE BLDG Zoo Other Professional Serv TOTAL: /16/2018 PRTD 680 KANSAS GAS SERVICE AUG18 08/13/ Invoice: AUG18 AUG18 SERV/MEMORIAL HALL Memorial Hall Gas TOTAL: /16/2018 PRTD 680 KANSAS GAS SERVICE JUL18 08/08/ Invoice: JUL18 JUL 18 SERV/AIRPORT ADM BLDG Airport Gas

33 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 18 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD 680 KANSAS GAS SERVICE Invoice: AUG /16/2018 PRTD 680 KANSAS GAS SERVICE Invoice: AUG /16/2018 PRTD 680 KANSAS GAS SERVICE Invoice: AUG /16/2018 PRTD 680 KANSAS GAS SERVICE Invoice: JUL AUG18 08/13/ AUG18 SERV/WWTP WWTP Gas AUG18 08/13/ AUG18 SERV/PUBLIC WORKS Street Gas Water Distribution Gas Sanitary Sewer Gas TOTAL: TOTAL: AUG18 08/13/ AUG18 SERV/SPORTS ARENA Sports Arena Gas JUL18 JUL /07/ SERVICE Information Tech Gas Traffic Sign Gas Park Admin Gas Park Maint Gas Zoo Gas Fire Gas Swimming Pool Gas Golf Gas Airport Gas Water Production Gas Water Distribution Gas WWTP Gas City Hall Gas TOTAL: TOTAL: , , /16/2018 PRTD Invoice: dl KANSAS STATE VET DIAGNOSTIC LAB dl /01/ Rabies testing Animal Shelter Outside Medical 95.00

34 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO RUN TOTAL: IP 19 lapcshdsb NET /16/2018 PRTD 708 KANSAS WATER ENVIRONMENT ASSC CLASS 4 RENEW/GREEN 08/09/ Invoice: CLASS 4 RENEW/GREEN Collections Class 4 Cert Renew-VIRGIL GREEN Sanitary Sewer Training TOTAL: /16/2018 PRTD Invoice: KEY EQUIPMENT AND SUPPLY CO , /30/ vactor hose Sanitary Sewer Vehicle Parts 2, TOTAL: 2, /16/2018 PRTD Invoice: KNIPP EQUIPMENT, INC /01/ HVAC Service and Repair - R/O Water Production Misc Contract TOTAL: /16/2018 PRTD Invoice: LABSOURCE INC /07/ Janitorial supplies - Animal Services Animal Control Minor Equipment TOTAL: /16/2018 PRTD 753 LAMBERT VET SUPPLY lvsi /07/ Invoice: lvsi Medical Supplies Animal Shelter Medical & Lab TOTAL: /16/2018 PRTD Invoice: LANGUAGE LINE SERVICES /31/ Language Line translation service for July Municipal Court Telephone Dispatch Telephone TOTAL: /16/2018 PRTD Invoice: Lyle LYLE JR. Lyle /14/ Municipal Court Judge Pro Tern for 8/14/2018 Municipal Court Judge

35 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO RUN TOTAL: IP 20 lapcshdsb NET /16/2018 PRTD Invoice: CERT MARK BORECKY CONSTRUCTION, INC. CERT. 4 07/24/ MARK BORECKY INVOICE HOBART DE 58, E Other Capital Outlay TOTAL: 58, , /16/2018 PRTD Invoice: IN 839 METRO COURIER, INC IN 07/31/ Water Sample Shipping Water Production Freight TOTAL: /16/2018 PRTD Invoice: MIDWAY MOTORS /08/ evaporator - #226 Central Gar Rev Vehicle Parts TOTAL: /16/2018 PRTD Invoice: B MIDWEST ELECTRONIC SUPPLY INC B /20/ Pole connections-17th & Main E Other Capital Outlay TOTAL: /16/2018 PRTD 1413 CAMERON OSNER Invoice: REFUND OSNER /16/2018 PRTD 1403 BRIAR PHILLIPS Invoice: 2960PHILLIPS REFUND OSNER 08/09/ REFUND ANIMAL SHELTER Animal Shelter Adoption TOTAL: 2960PHILLIPS 08/14/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL:

36 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 21 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 1403 FIRST MENNONITE CHURCH Invoice: 3060FIRSTMENNONITE FIRSTMENNONITE 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD 1403 HEATHER WILDER Invoice: 3105WILDER WILDER 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD 1403 HUTCHREC Invoice: 2575HUTCHREC HUTCHREC 08/14/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /16/2018 PRTD Invoice: 2792GOETZ 1403 JANE GOETEZ GOETZ 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD Invoice: 3170WHITE 1403 JULINA WHITE WHITE 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD 1403 LEROY STOCKEMER Invoice: 2951STOCKEMER STOCKEMER 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract 50.00

37 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 22 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD 1403 Megan Jaques Invoice: 3151JAQUES JAQUES 08/13/ CANCELATION REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD 1403 RENEE CUBBAGE Invoice: 3080CUBBAGE CUBBAGE 08/14/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /16/2018 PRTD 1403 RENO COUNTY 4-H COUNCIL Invoice: 3073RENOCOUNTY4-H RENOCOUNTY4-H 08/14/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /16/2018 PRTD Invoice: 2638EPELY 1403 SUE EPLEY EPELY 08/14/ DEPOSIT REFUND - HOMEBUILDER'S E l Agency Misc Contract TOTAL: /16/2018 PRTD 1404 ANGEL, CASSIE JOE Invoice: MC /0816 MC / /09/ BOND REFUND Court Agency Cash Bonds TOTAL: /16/2018 PRTD 1404 BANNING, NANCY L Invoice: N101678/ N101678/ /08/ RESTITUTION JOSE OCON Court Agency Restitution 40.00

38 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 23 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD 1404 BEAUCHAMP, TIMOTHY Invoice: El02067/ El02067/ /08/ RESTITUTION REBEKAH M BETKEL Court Agency Restitution TOTAL: /16/2018 PRTD 1404 BUFFALO WILD WINGS Invoice: MC / MC / /09/ RESTITUTION KAYLEE R MCDANIEL Court Agency Restitution TOTAL: /16/2018 PRTD 1404 BUFFALO WILD WINGS, Invoice: MC / MC / /08/ RESTITUTION DANIEL WAYNE ASBELL Court Agency Restitution TOTAL: /16/2018 PRTD 1404 DEBUSK, ANTHONY LEE Invoice: MC / MC / /08/ BOND REFUND Court Agency Cash Bonds TOTAL: /16/2018 PRTD 1404 DIANA R CALLON Invoice: Hl02418/ Hl02418/ /09/ RESTITUTION BRYAN E SLOAN Court Agency Restitution TOTAL: /16/2018 PRTD 1404 DICK, DANIEL DENNIS Invoice: Il00413/ Il00413/ /08/ RESTITUTION DOMINIQUE T BROOME Court Agency Restitution TOTAL: /16/2018 PRTD 1404 DUNHAM SPORTS, Invoice: Cl90994/ Cl90994/ /08/ RESTITUTION AUSTIN B PERRONE Court Agency Restitution TOTAL: 3.11

39 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 24 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 1404 GREGG, KAREN ANN Invoice: C194450/ C194450/ /08/ RESTITUTION JOSEPH W GILMORE Court Agency Restitution TOTAL: /16/2018 PRTD 1404 HARPER, DUSTIN JAMES Invoice: C190996/ C190996/ /08/ RESTITUTION DICKIE L KOEPPEN JR Court Agency Restitution TOTAL: /16/2018 PRTD 1404 HEUBACK, CHAD ALAN Invoice: F103451/ Fl03451/ /08/ RESTITUTION DEKEL L POPE Court Agency Restitution TOTAL: /16/2018 PRTD 1404 HRMC, Invoice: MC / MC / /08/ RESTITUTION MARY SUE BUCHANAN Court Agency Restitution TOTAL: /16/2018 PRTD 1404 KBI LAB FEE FUND Invoice: I102336/ I102336/ /09/ RESTITUTION GEORGE W STAFFORD Court Agency Restitution TOTAL: /16/2018 PRTD 1404 KBI LAB FEE FUND Invoice: C192247/ Cl92247/ /09/ RESTITUTION KARRI ANN MCADAMS Court Agency Restitution TOTAL: /16/2018 PRTD 1404 KBI LAB FEE FUND Invoice: Cl92158/ Cl92158/ /09/ RESTITUTION ANDRE RYAN BYRD Court Agency Restitution TOTAL: 40.00

40 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 25 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 1404 KBI LAB FEE FUND, Invoice: Cl92596/ Cl92596/ /08/ RESTITUTION JASMINE NICOLE BLINDT Court Agency Restitution TOTAL: /16/2018 PRTD 1404 KNOCHE, TAMMY JEAN Invoice: MC / MC / /08/ RESTITUTION AMY N BREAUX Court Agency Restitution TOTAL: /16/2018 PRTD 1404 REED, LEWIS JADE Invoice: MC / MC / /08/ RESTITUTION BRICE D REED Court Agency Restitution TOTAL: /16/2018 PRTD 1404 RENO COUNTY DISTRICT COURT Invoice: Hl02500/ Hl02500/ /09/ BOND REFUND HALLIE JO WILSON Court Agency Cash Bonds TOTAL: /16/2018 PRTD 1404 SMOKE STOP, Invoice: MC / MC / /08/ RESTITUTION NATOYAH H WOOTEN Court Agency Restitution TOTAL: /16/2018 PRTD 1404 SOUTHERN, KEITH ALLEN Invoice: Fl02838/ Fl02838/ /09/ BOND REFUND Court Agency Cash Bonds TOTAL: /16/2018 PRTD 1404 WALMART REST PAYM Invoice: MC / MC / /09/ RESTITUTION ALEJANDRO D MENDOZA Court Agency Restitution TOTAL: 33.98

41 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 26 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 1404 WALMART REST PAYM, Invoice: MC / MC / /08/ RESTITUTION SARAH M GENDREAU Court Agency Restitution TOTAL: /16/2018 PRTD 1404 WHISPERS VIDEO, Invoice: MC / MC / /08/ RESTITUTION BETTY G WIDNER Court Agency Restitution TOTAL: /16/2018 PRTD Invoice: /16/2018 PRTD Invoice: NISLY BROTHERS TRASH SERVICES, IN /27/ nisly brothers trash service i Eastside Cemetery Landfill As TOTAL: 913 NISLY BROTHERS TRASH SERVICES, IN /27/ Roll off monthly service fee WWTP Landfill Assessment TOTAL: /16/2018 PRTD 935 OPTIV SECURITY, INC INV /31/ Invoice: INV KCJIS Secure ID Token Municipal Court Office Supply Invoice: OPTIV SECURITY, INC /05/ FOB Tokens (40) 2, Police Admin Other Equipment TOTAL: , , /16/2018 PRTD Invoice: PEPSI COLA COMPANY /18/ PEPSI - INVOICE - P.W., PARK M E Agency Misc Contract E Agency Misc Contract E Agency Misc Contract

42 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE Invoice: Invoice: PEPSI COLA COMPANY PEPSI COLA COMPANY INVOICE DTL DESC E Agency Misc Contract PO 08/09/ Cafe Beverages Golf Other Beverages 08/02/ Cafe Beverages Golf Other Beverages RUN TOTAL: IP 27 lapcshdsb NET /16/2018 PRTD Invoice: AUG /16/2018 PRTD Invoice: July 2018 Invoice: July Petco 978 PNC EQUIPMENT FINANCE, LLC AUG18 08/13/ AUG 18 GOLF CART LEASE 2, Golf Machinery Rent TOTAL: 989 PRAIRIE VISTA VETERINARY HOSPITAL July /31/ Vet Services Animal Shelter Outside Medical 1, Animal Shelter Spay/Neu Refund PRAIRIE VISTA VETERINARY HOSPITAL July Petco 07/31/ Medical expenses using Petco G E Donation Misc Contractual TOTAL: 2, , , , /16/2018 PRTD Invoice: RJ KOOL COMPANY, INC. 1, /03/ Software for new extractors E Other Capital Outlay 1, TOTAL: 1, /16/2018 PRTD Invoice: SAVOY , /22/ TERRY SAVOY - SERVICE - SPORTS Sports Arena Misc Contractual 2, TOTAL: 2,950.00

43 08/15/ :01 shellyhs I City of 'Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 28 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 700 SECRETARY OF STATE OF KANSAS S-AR /03/ Invoice: S-AR Stormwater permit Fire Misc Contractual SECRETARY OF STATE OF KANSAS 82018SessionKARsups 08/09/ Invoice: 82018SessionKARsups Session Laws and KAR Supplemen Municipal Court Library Books TOTAL: /16/2018 PRTD 1866 SIMMONS BANK Invoice: AUG AUG18 08/13/ AUG 18 FIRE TRUCK LOAN/BANK CHANGED N 8, E Other Equipment TOTAL: 8, , /16/2018 PRTD 1159 SOUTH CENTRAL TELEPHONE/SCTELCOM AUG18 08/01/ Invoice: AUG18 SC Telcom Circuit Charge E E911 Trans Fee TOTAL: /16/2018 PRTD 1160 SOUTHEAST SAND Invoice: /03/ FILL SAND Water Distribution Concrete Invoice: SOUTHEAST SAND /03/ FILL SAND Water Distribution Concrete Invoice: SOUTHEAST SAND /08/ FILL SAND Water Distribution Concrete Invoice: SOUTHEAST SAND /08/ FILL SAND Water Distribution Concrete Invoice: SOUTHEAST SAND /07/ AB3 Rock - Sanitary Sanitary Sewer Concrete Invoice: SOUTHEAST SAND /08/ AB3 Rock - Sanitary 2,405.78

44 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: SOUTHEAST SAND 2, , INV DATE INVOICE DTL DESC PO RUN Sanitary Sewer Concrete 08/08/ AB3 Rock - Sanitary Sanitary Sewer Concrete TOTAL: IP 29 lapcshdsb NET 1, , /16/2018 PRTD Invoice: STRAWN CONTRACTING, INC /08/ Nuisance Abatement-1204 E Ave B Inspection Misc Contractual Invoice: 5117 STRAWN CONTRACTING, INC /08/ Nuisance Abatement-16 N Pershing Inspection Misc Contractual Invoice: 5118 STRAWN CONTRACTING, INC /08/ Nuisance Abatement-15 East 15th Inspection Misc Contractual TOTAL: /16/2018 PRTD Invoice: STUTZMAN REFUSE DISPOSAL INC /01/ stutzman refuse disposal invoi Eastside Cemetery Landfill As TOTAL: /16/2018 PRTD Invoice: STUTZMAN REFUSE DISPOSAL INC /01/ Rolloff rent for CTC Fire Misc Contractual TOTAL: /16/2018 PRTD Invoice: THE ARNOLD GROUP , /26/ THE ARNOLD GROUP - INVOICE - F Fun Valley Misc Contractual 2, Invoice: THE ARNOLD GROUP , /26/ seasonal payroll Forestry & Hort Misc Contract 3, Invoice: THE ARNOLD GROUP /02/ Temporar Staffing-DONNA THOMPSON Utility Billing Misc Contract Invoice: THE ARNOLD GROUP /26/ TAG Seasonal Payroll ,410.94

45 08/15/ :01 shellyhs CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME Invoice: Invoice: Invoice: Invoice: Invoice: ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL THE ARNOLD GROUP THE ARNOLD GROUP THE ARNOLD GROUP THE ARNOLD GROUP THE ARNOLD GROUP INVOICE 1, , , INV DATE INVOICE DTL DESC PO Golf Misc Contractual Serv RUN 08/02/ TAG Seasonal Payroll Golf Misc Contractual Serv 07/19/ Airport -- The Arnold Group Airport Misc Contractual 08/02/ Airport -- The Arnold Group Airport Misc Contractual 08/02/ seasonal payroll Forestry & Hort Misc Contract 08/02/ THE ARNOLD GROUP - INVOICE - F Fun Valley Misc Contractual TOTAL: IP 30 lapcshdsb NET 1, , , /16/2018 PRTD Invoice: TITLEIST /10/ Golf Clubs, Balls, Bags, Acces Golf Golf Balls TOTAL: /16/2018 PRTD 1648 UTILITY CONTRACTORS, INC /07/ Invoice: Final Pay App WWTP Boiler Cons 28, E Other Capital Outlay TOTAL: /16/2018 PRTD 670 WESTAR ENERGY JUL18 08/13/ Invoice: JUL18 JUL18 SERV/XMAS LIGHTS Downtown Dev Electricity TOTAL: /16/2018 PRTD 670 WESTAR ENERGY AUG18 08/13/ Invoice: AUG18 JUL18 SERV/ ZOO OTTER EXHIBIT Zoo Electricity 28, ,

46 08/15/ :01 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 31 (apcshdsb CASH ACCOUNT: CB&T 256 NO CHI< DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /16/2018 PRTD 670 WESTAR ENERGY Invoice: JUL /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG /16/2018 PRTD 670 WESTAR ENERGY Invoice: JUL /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG JUL18 08/13/ JUL18 SERV/C & MAIN ST LIGHTS Street Lighting Electricity TOTAL: AUG18 08/13/ AUG18 SERV/WELCOME TO HUTCH SIGN Street Lighting Electricity TOTAL: AUG18 08/13/ AUG18 SERV/GEORGE PYLE PARK Park Maint Electricity TOTAL: AUG18 08/13/ AUG18 SERV/A & MAIN TRAFFIC LIGHTS Traffic Sign Electricity TOTAL: AUG18 08/13/ AUG18 SERV/POLICE IMPOUND LOT Risk Mngrnent Electricity TOTAL: JUL18 08/13/ JUL18 SERV/HOBART DETTER Fun Valley Electricity TOTAL: AUG18 08/13/ AUG18 SERV/ST #3 1, Fire Electricity TOTAL: , ,454.67

47 08/15/ :01 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 32 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /16/2018 PRTD 670 WESTAR ENERGY Invoice: AUG AUG18 08/08/ AUG 18 SERV/STREET LIGHT 59, Street Lighting Electricity TOTAL: 59, , /16/2018 PRTD Invoice: WESTERN SUPPLY CO /24/ WESTERN SUPPLY - INVOICE - FUN Fun Valley Plumbing Suppl TOTAL: /16/2018 PRTD 1368 WINFIELD SOLUTIONS, LLC /23/ Invoice: Golf Course Chemicals Golf Chemicals TOTAL: /16/2018 PRTD 1396 ZOETIS, INC Invoice: /23/ Vaccines, tests, etc Animal Shelter Medical & Lab TOTAL: NUMBER OF S 157 *** CASH ACCOUNT TOTAL*** 791, TOTAL PRINTED S TOTAL WIRE TRANSFERS TOTAL EFT'S COUNT AMOUNT 307, , *** GRAND TOTAL*** 791,255.05

48 08/09/ :46 shellyhs ICity of Hutchinson IA/P CASH DISB'CJRSEMENTS JOURNAL IP 1 lapcshdsb CASH ACCOUNT: CB&T 256 NO CBK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /10/2018 WIRE Invoice: ICMA RETIREMENT TRUST-457 7, /08/ ICMA Retirement Trust-457 Deferred Comp Payable (ICMA) 7, TOTAL: 7, /10/2018 WIRE 1120 SERVICE EMPLOYEES UNION LOCAL Invoice: BO /08/ B Service Employees Union Local Payroll Clearing Union Dues TOTAL: /10/2018 WIRE Invoice: HUTCHINSON GOVERNMENT EMPLOYEE 16, /08/ HGECU deductions HGECU Payable , TOTAL: 16, /10/201B WIRE Invoice: FIREFIGHTER'$ LOCAL 179 3, /08/ Firefighter's Local 179 Payroll Clearing Union Dues 3, TOTAL: 3, /10/2018 PRTD Invoice: FIREFIGHTER'S WELFARE FUND 1, /08/ Firefighters Welfare Fund Fire Dept Insurance Payable 1, TOTAL: 1, /10/2018 PRTD Invoice: HUTCHINSON LODGE OF THE FOP 2, /08/ Hutchinson Lodge of the FOP Payroll Clearing Union Dues 2, TOTAL: 2, /10/2018 PRTD 1286 UNITED WAY OF RENO COUNTY Invoice: /08/ United Way of Reno County United Way Payable TOTAL:

49 08/09/ :46 she1lyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 2 lapeshdsb NUMBER OF S 7 *** CASH ACCOUNT TOTAL*** 33, TOTAL PRINTED S TOTAL WIRE TRANSFERS COUNT 3 4 AMOUNT 5, , *** GRAND TOTAL*** 33,188.92

50 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE /07/2018 WIRE Invoice: LDF SALES & DIST INC INVOICE DTL DESC PO RUN 08/07/ BEER Golf Alcoholic Beverages 433 TOTAL: IP 1 lapcshdsb NET /07/2018 WIRE Invoice: COBRAGUARD, INC /07/ CobraGuard Health & Dental Plan Ad.min TOTAL: /09/2018 EFT Invoice: ADVANCED PUBLIC SAFETY, INC /22/ Vehicle printer Patrol & Invest Other Equipmnt TOTAL: /09/2018 EFT Invoice: B & B HYDRAULICS, INC /01/ hose - #68 Central Gar Rev Vehicle Parts TOTAL: /09/2018 EFT Invoice: CENTRAL POWER SYSTEMS & SERVICES , /01/ ECM - Engine 3 Central Gar Rev Vehicle Parts 1, TOTAL: 1, /09/2018 EFT Invoice: IN 449 GADES SALES CO INC IN 07/23/ EPAC controller for 9th & Main storm damage Risk Mngrnent Uninsured Loss 3465 TOTAL: /09/2018 EFT Invoice: GT DISTRIBUTORS, INC /30/ Force on Force 9mm Blank E Other Equipment Invoice: GT DISTRIBUTORS, INC /30/ Force on Force 9mm Blank E

51 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC Other Equipment PO RUN 3466 TOTAL: IP 2 lapcshdsb NET /09/2018 EFT Invoice: KANSAS ONE-CALL SYSTEM, INC /31/ July 2018 Locates Water Distribution Misc Contra Sanitary Sewer Misc Contract Storm Sewer Misc Contractual TOTAL: /09/2018 EFT Invoice: NATIONAL SCREENING BUREAU /01/ Drug Testing Risk Mngment Drug Testing TOTAL: /09/2018 EFT Invoice: /09/2018 EFT Invoice: PACE ANALYTICAL SERVICES, INC /28/ Water Well Analysis for Water 3, E Other Capital Outlay Water Production Med & Lab 3469 TOTAL: 990 PRAIRIELAND PARTNERS /12/ Rescue loops and saws 2, Fire Fighting Equipment 3470 TOTAL: 3, , , , /09/2018 EFT 1021 R.E. PEDROTTI CO., INC HUKSTAZI 07/26/ Invoice: HUKSTAZI LC2000-A LOGIC CONTROLLER 2, Water Remed Minor Equipment 3471 TOTAL: 2, , /09/2018 EFT Invoice: B 1069 ROSE MOTOR SUPPLY CO INC B /23/ Turbo Fan Kit - #189 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /30/ mini fuse tap - #512 Central Gar Rev Vehicle Parts 12.97

52 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 3 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC Invoice: B ROSE MOTOR SUPPLY CO INC B /30/ return part - #189 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /01/ power steering pump - #274 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /01/ Belt - #274 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /02/ Brake Fluid - #195 Central Gar Rev Vehicle Parts 7.95 Invoice: B ROSE MOTOR SUPPLY CO INC B /31/ alternator - #180 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /02/ parts - #866 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /02/ strobe lights - #541 Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /02/ elec. wire - stock Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /03/ brake fluid, oil - stock Central Gar Rev Vehicle Parts Invoice: B ROSE MOTOR SUPPLY CO INC B /03/ parts - stock Central Gar Rev Vehicle Parts TOTAL: /09/2018 EFT 1096 SAYLOR CLEANERS Invoice: , /27/ Dry cleaning Patrol & Invest Laundry 3473 TOTAL: 1, ,268.85

53 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 4 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHIC DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 EFT Invoice: SOUTHERN UNIFORM & EQUIPMENT /24/ Clothing for VPs Patrol & Invest Wearing Materl TOTAL: /09/2018 EFT Invoice: E 1265 TRUCK CENTER COMPANIES E /31/ hood latches - stock Central Gar Rev Vehicle Parts TOTAL: /09/2018 EFT 1327 WARNKEN ENTERPRISES #11CE-GW /03/ Invoice: #11CE-GW2018 Mowing of Private Property-List #11 1, Inspection Misc Contractual Invoice: 18W-GW2018 WARNKEN ENTERPRISES 18W-GW /20/ Mowing (water wells and towers Water Production Misc Contract 3476 TOTAL: 1, , /09/2018 EFT Invoice: WICHITA WINWATER WORKS , /25/ Water Maintenance Parts Bid 18 Water Distribution Pluming Sup 3, TOTAL: 3, /09/2018 EFT Invoice: YMCA /01/ YMCA memberships-august dues Health & Dental Consulting TOTAL: /09/2018 PRTD Invoice: ALLMAX SOFTWARE, INC /01/ Antero Maintenance Annual Supp WWTP Misc Contractual TOTAL: /09/2018 PRTD Invoice: ALTEC INDUSTRIES, INC /12/ Outrigger pad-truck 149 Traffic Sign Minor Equipment

54 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO RUN TOTAL: IP 5 lapcshdsb NET /09/2018 PRTD Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: APAC, INC - SHEARS DIV /18/ Asphalt for potholes and other Street Asphalt APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV APAC, INC - SHEARS DIV , /12/ Asphalt for potholes and other Street Asphalt 07/19/ Asphalt for potholes and other Street Asphalt 07/23/ Asphalt for potholes and other Street Asphalt 07/16/ Asphalt for potholes and other Street Asphalt 07/24/ Asphalt for potholes Street Asphalt /21/ Asphalt Water Distribution Asphalt /27/ Drainage Repair E Other Capital Outlay APAC, INC - SHEARS DIV /27/ Drainage Repair 10, E Other Capital Outlay APAC, INC - SHEARS DIV /27/ Drainage Repair 2, E Other Capital Outlay APAC, INC - SHEARS DIV /27/ Drainage Repair 1, , , , ,612.70

55 08/08/ :14 shellyhs CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME Invoice: Invoice: (City of Hutchinson (A/P CASH DISBURSEMENTS JOURNAL APAC, INC - APAC, INC - SHEARS DIV SHEARS DIV 2, , INVOICE INV DATE INVOICE DTL DESC E Other Capital Outlay PO /27/ Drainage Repair E Other Capital Outlay /27/ Drainage Repair E Other Capital Outlay RUN TOTAL: IP 6 (apcshdsb NET 2, , , /09/2018 PRTD Invoice: APCO INTERNATIONAL INC /01/ Registration MICHELLE ABBOTT E E911 Radio Equipment TOTAL: /09/2018 PRTD 86 AT&T Invoice: AT&T Invoice: JUL /25/ Circuit Charge E E911 Trans Fee JUL18 07/25/ AT&T 911 Circuit JUL Dispatch Telephone TOTAL: /09/2018 PRTD Invoice: B & B AUTO ELECTRIC, INC /30/ Pulley - #180 Central Gar Rev Vehicle Parts TOTAL: /09/2018 PRTD Invoice: BERRY TRACTOR & EQUIPMENT , /19/ Rent Tracked Excavator & bucket PW Maint Machinery Rent 4,800.00

56 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC IP 7 lapcshdsb PO RUN NET TOTAL: 4, /09/2018 PRTD Invoice: BONTRAGER POWDER COATING 5, /24/ , Powder coated traffic light poles-17th & Main E Other Capital Outlay TOTAL: 5, /09/2018 PRTD Invoice: BSW BRENNTAG SOUTHWEST, INC. BSW , /26/ Chlorine for Water Treatment D Water Production Chemicals 1, TOTAL: 1, /09/2018 PRTD Invoice: BRIDGMAN OIL COMPANY , /24/ fuel for golf course Golf Gasoline Golf Diesel , TOTAL: 1, /09/2018 PRTD Invoice: 7211 Invoice: CENTRAL WELDING & MACHINE, LLC CENTRAL WELDING & MACHINE, LLC /25/ Welded brackets for inside the poles-17th & Main E Other Capital Outlay /17/ Repairs to battery backup cabinet@ 4th & Main Risk Mngment Uninsured Loss TOTAL: /09/2018 PRTD 212 CENTURY LINK JU18 07/25/ Invoice: JU18 CenturyLink - Wireless Phase E E911 Trans Fee TOTAL: /09/2018 PRTD Invoice: CONCRETE ENTERPRISES INC /03/ Flowable fill for Plunbers cut Street Concrete

57 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 8 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: CONCRETE ENTERPRISES INC 2, CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC /13/ Concrete-17th & Main E Other Capital Outlay /11/ Concrete-17th & Main (Crescent) E Other Capital Outlay CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC CONCRETE ENTERPRISES INC /13/ Concrete for inverted cracks on Wheatland Street Concrete 07/09/ Concrete for inverted cracks at1210 E 21 Street Concrete 07/11/ Concrete for full depth at 43 and Plum Street Concrete 07/20/ CONCRETE/ FLOWABLE FILL Water Distribution Concrete 07/18/ CONCRETE/ 1305 E. 21ST Water Distribution Concrete 07/16/ E. 21ST / FLOWABLE FILL Water Distribution Concrete 07/12/ E Ave B Sanitary Sewer Concrete TOTAL: 2, , /09/2018 PRTD Invoice: CONSOLIDATED WATER SOLUTIONS , /25/ CC019 Membrane Cleaner Water Production Chemicals 1, TOTAL: 1,864.38

58 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 9 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 PRTD 279 COOPER TIRE SERVICE INC Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: Invoice: 1-GS COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC COOPER TIRE SERVICE INC l-gs /25/ Tire Repair - #320 Central Gar Rev Vehicle Parts 07/26/ Tire Repair - #107 Central Gar Rev Vehicle Parts 07/27/ Tire Repair - #224 Central Gar Rev Vehicle Parts 07/30/ Tire Repair - #455 Central Gar Rev Vehicle Parts 07/31/ new tires - #37 Central Gar Rev Vehicle Parts 07/31/ Tire Repair - #327 Central Gar Rev Vehicle Parts 08/01/ Tire Repair - #442 & 439 Central Gar Rev Vehicle Parts 08/01/ Tire Repair - #329 Central Gar Rev Vehicle Parts 08/01/ Tire Repair - #228 Central Gar Rev Vehicle Parts 07/31/ new tires - #58 Central Gar Rev Vehicle Parts TOTAL: , /09/2018 PRTD 344 DPC ENTERPRISES, L.P Invoice: , Invoice: /16/ Caustic Soda for Water Treatme Water Production Chemicals DPC ENTERPRISES, L.P /23/ Caustic Soda for Water Treatme 3, Water Production Chemicals 4, ,452.86

59 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 10 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: 7, /09/2018 PRTD Invoice: FAIRVIEW SERVICE /01/ parts - #363 & # 59 Central Gar Rev Vehicle Parts TOTAL: /09/2018 PRTD 397 FASTENAL CO Invoice: KSHUT Invoice: KSHUT Invoice: KSHUT Invoice: KSHUT FASTENAL CO FASTENAL CO FASTENAL CO KSHUT /30/ Janitorial supplies - Street Street Minor Equipment KSHUT /30/ Janitorial supplies - WWTP WWTP Cleaning Supplies KSHUT KSHUT /31/ fasteners - stock Central Gar Rev Vehicle Parts 08/02/ Marking Flags - Water/Sewer Water Production Minor Equip Water Distribution Minor Equip Sanitary Sewer Minor Equipment TOTAL: , /09/2018 PRTD Invoice: JESSE FLINT /03/ Reimburse Jesse Flint for fuel for motorcycle Patrol & Invest Gasoline TOTAL: /09/2018 PRTD Invoice: IN 439 FORT BEND SERVICES, INC IN 7, /20/ Polymer for Biosolids operatio WWTP Chemicals 7, Invoice: IN FORT BEND SERVICES, INC IN 7, /30/ Polymer for Biosolids operatio WWTP Chemicals 7, TOTAL: 14, /09/2018 PRTD Invoice: GALLS, LLC /11/ Clothing for officers Patrol & Invest Wearing Materl

60 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 11 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /09/2018 PRTD Invoice: /09/2018 PRTD Invoice: 1071-July /09/2018 PRTD Invoice: Invoice: Invoice: HELENA CHEMICAL CO /20/ Fertilizer 2, Golf Chemicals TOTAL: 579 HUTCHINSON TOWN CLUB 1071-July 07/31/ Monthly dues and meals for July City Manager Dues & Membersh Food TOTAL: 583 IBT INC /18/ First aid suplies Street Medical & Lab IBT INC /08/ Airport -- First Aid Supplies Airport Medical & Lab IBT INC /27/ Warthog Repair Parts - Sewer Sanitary Sewer Minor Equipment TOTAL: 2, , /09/2018 PRTD Invoice: INSURANCE CENTER, INC /25/ , Safety-Aug 2018/Mileage for meeting on , PW Admin Misc Contract TOTAL: 2, /09/2018 PRTD 597 INDUSTRIAL SALES CO /24/ Invoice: irrigation supplies Golf Plumbing Supplies TOTAL: /09/2018 PRTD 662 KANSAS CENTER FOR ENTREPRENEURSHI MAR18-JULY18 08/01/ , Invoice: MAR18-JULY18 MAR18-JUL18 1, E

61 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC DHRP Revolv Misc Contract IP 12 lapcshdsb PO RUN NET TOTAL: 1, /09/2018 PRTD Invoice: Invoice: KANSAS CORRECTIONAL INDUSTRIES KANSAS CORRECTIONAL INDUSTRIES /31/ Annual tshirt for employees-wtc,wwtp,water Dist Water Production Wearing Mat Water Distribution Wearing Mat WWTP Wearing Material 07/31/ Tshirt for new employee-michelle Hull (WWTP) WWTP Wearing Material TOTAL: /09/2018 PRTD Invoice: JULY KANSAS DEPT OF REVENUE ABC JULY18 08/02/ State CMB stamp report E Agency Misc Contract TOTAL: /09/2018 PRTD 708 KANSAS WATER ENVIRONMENT ASSC EXAM FEES X 4 08/03/ Invoice: EXAM FEES X 4 Class 3 & 4 Certs-Fitzgerald,Moeder, Moos, Beltran Sanitary Sewer Training Invoice: COKELEY EXAM KANSAS WATER ENVIRONMENT ASSC COKELEY EXAM 08/08/ Class 3 & 4 Certs-Fitzgerald,M Water Distribution Training TOTAL: /09/2018 PRTD Invoice: 4181N 710 KANSAS WATER TECHNOLOGIES 4181N 14, /30/ Antiscalant for RO water treat Water Production Chemicals 14, TOTAL: 14, /09/2018 PRTD Invoice: KATZ REHAB SERVICES, P.A /31/ Fit For Duty Exams Risk Mngment Outsd Medical TOTAL:

62 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 13 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 PRTD Invoice: 11/17/ LAW OFFICE OF BENJAMIN FISHER 11/17/459 1, /01/ Municipal Court Defense Counsel for July Municipal Court Legal Services 1, TOTAL: 1, /09/2018 PRTD Invoice: LINDBURG VOGEL PIERCE FARIS , , , /20/ Audit Finance Accounting/Auditing Utility Billing Accntg/Audit Refuse Accounting/Auditing 38, TOTAL: 38, /09/2018 PRTD Invoice: MARK BORECKY CONSTRUCTION, INC /27/ Board up unsafe structures-412 East 1st Inspection Misc Contractual TOTAL: /09/2018 PRTD Invoice: MES MAYER EQUIPMENT & SUPPLY, LLC MES , /25/ new warthog cleaning head Sanitary Sewer Minor Equipment 1, TOTAL: 1, /09/2018 PRTD Invoice: IN 832 MEMPHIS EQUIPMENT COMPANY IN /27/ parts - Brush 82 & 83 Central Gar Rev Vehicle Parts TOTAL: /09/2018 PRTD Invoice: MIDWEST SUPERSTORE FORD-LINCOLN /02/ brake booster, master cylinder - #195 Central Gar Rev Vehicle Parts TOTAL: /09/2018 PRTD 1413 BRANDON HEPHNER Invoice: REFUND HEPHNER REFUND HEPHNER 08/02/ REFUND Animal Shelter Adoption TOTAL: 30.00

63 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 14 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 PRTD 1413 DANIEL STEVENS Invoice: REFUND STEVENS REFUND STEVENS 08/02/ REFUND Animal Shelter Adoption TOTAL: /09/2018 PRTD 1403 ALAN TURNER Invoice: 2603TURNER TURNER 08/03/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 CAMILLE BARNETT Invoice: 3147BARNETT BARNETT 08/07/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 EMANICPATION LTD Invoice: 2030EMANCIPATION EMANCIPATION 08/07/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 GLENN CARLTON Invoice: 2592CARLTON CARLTON 08/03/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /09/2018 PRTD Invoice: 3159HMS HUTCHINSON MIDDLE SCHOOL HMS8 08/07/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract 50.00

64 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 15 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /09/2018 PRTD 1403 KALA HORTON Invoice: 3078HORTON HORTON 08/03/ DEPOSIT REFUND - HOMEBUILDER'S E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 MARIA JAQUEZ Invoice: 2924JAQUEZ JAQUEZ 08/03/ DEPSOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /09/2018 PRTD Invoice: 3149HART 1403 MELISSA HART HART 08/03/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 MIDWEST INDUSTRIES Invoice: 3108MIDWESTINDUSTRIE MIDWESTINDUSTRIE08/03/ DEPOSIT REFUND - HOMEBUIILDER'S E Agency Misc Contract TOTAL: /09/2018 PRTD 1403 PEGGY GRUNWALD Invoice: 2720GRUNWALD GRUNWALD 08/07/ DEPOSIT REFUND - RICE PARK E Agency Misc Contract TOTAL: /09/2018 PRTD Invoice: 3156DUSEK 1403 VULLA DUSEK DUSEK 08/07/ DEPOSIT REFUND - HOMEBUILDER'S E

65 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 16 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC Agency Misc Contract TOTAL: /09/2018 PRTD 1404 DILLONS LOSS PREVENT, Invoice: MC / MC / /02/ RESTITUTION RICHELLE L DICKEY Court Agency Restitution TOTAL: /09/2018 PRTD 1404 DILLONS LOSS PREVENTION Invoice: MC / /09/2018 PRTD 1404 DILLONS LOSS PREVENTION Invoice: MC / /09/2018 PRTD 1404 DILLONS LOSS PREVENTION Invoice: MC / /09/2018 PRTD 1404 DILLONS LOSS PREVENTION Invoice: MC / MC / /02/ RESTITUTION BRYAN W KILPATRICK Court Agency Restitution TOTAL: MC / /02/ RESTITUTION BRYAN W KILPATRICK Court Agency Restitution TOTAL: MC / /02/ RESTITUTION BRYAN W KILPATRICK Court Agency Restitution TOTAL: MC / /02/ RESTITUTION PHILLIP M HERREN Court Agency Restitution TOTAL: /09/2018 PRTD 1404 HRMC, Invoice: MC / MC / /02/ RESTITUTION JEREMY D REGEHR Court Agency Restitution TOTAL: /09/2018 PRTD 1404 JORDAN, FREDDY P Invoice: El01888/ El01888/ /02/ RESTITUTION GLORY M MONTALDO Court Agency Restitution

66 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 17 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: /09/2018 PRTD 1404 MCNAUGHTON, STEPHEN L Invoice: Cl72660/ C172660/ /02/ RESTITUTION AMANDA P WHITE Court Agency Restitution TOTAL: /09/2018 PRTD 1404 MCVEY, AMY SUE Invoice: MC / MC / /02/ RESTITUTION GEROLD L HATFIELD Court Agency Restitution TOTAL: /09/2018 PRTD 1404 NESHYBA-BIRD, DOLORES Invoice: E102172/ /09/2018 PRTD 1404 RENO COUNTY DISTRICT COURT Invoice: L101393/ E102172/ /02/ RESTITUTION BREYSHAUN G BASKIN Court Agency Restitution TOTAL: L101393/ /02/ BOND REFUND CHRISTIE L WILLIAMS Court Agency Cash Bonds TOTAL: /09/2018 PRTD 1404 WILLIAMS, KIM JO Invoice: MC / MC / /02/ RESTITUTION JOSHUA ISAAC LEE HAYES Court Agency Restitution TOTAL: /09/2018 PRTD 1404 WYER, WILLIAM K Invoice: MC080788/ MC080788/ /02/ RESTITUTION MATTHEW BREDING Court Agency Restitution TOTAL: /09/2018 PRTD Invoice: NISLY BROTHERS TRASH SERVICES, IN /02/ TEMP CONTAINERS 06/29/18-07/20/ Refuse Misc Contractual TOTAL:

67 08/08/ :14 shellyhs!city of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 18 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 PRTD Invoice: Invoice: PARK PLACE TECHNOLOGIES LLC /23/ Maint Contracts RECRD Records Misc Contract E E911 Radio Equipment PARK PLACE TECHNOLOGIES LLC /25/ Maint. Contracts 3, RECRD Records Misc Contract 5, E E911 Radio Equipment TOTAL: , , /09/2018 PRTD 1841 PARKSON CORPORATION Invoice: ARl , ARl /24/ Bar Screen Rebuild E CIP Misc Contractual TOTAL: 77, , /09/2018 PRTD Invoice: /09/2018 PRTD Invoice: Invoice: PRECISION DELTA CORPORATION 1, /24/ Ammo E Other Equipment TOTAL: 1034 RED MUNICIPAL & INDUSTRIAL EQ CO /31/ Sewer Inspection Van Bid , E Other Equipment 59, E Other Equipment RED MUNICIPAL & INDUSTRIAL EQ CO /17/ Camera repair parts Storm Sewer Freight Storm Sewer Minor Equipment 1, , ,

68 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO RUN TOTAL: IP 19 lapcshdsb NET 199, /09/2018 PRTD Invoice: RENO COUNTY SOLID WASTE DEPARTMEN /20/ WWTP Solid waste June 2018 WWTP Landfill Assessment TOTAL: /09/2018 PRTD 1049 RENO COUNTY SHERIFF DEPT SO July /21/ Invoice: SO July 2018 RNSO Verizon AirCard Coshare E E911 Trans Fee TOTAL: /09/2018 PRTD Invoice: DAVIDE. ROBERTS , /01/ Municipal Court Defense Counsel for July Municipal Court Legal Services 1, TOTAL: 1, /09/2018 PRTD 1123 SEXUAL ASSAULT/DOMESTIC May & June Reimburse08/03/ Invoice: May & June Reimburse 2017 ESG - SADVC 12, E Grants Misc Contractual TOTAL: 12, , /09/2018 PRTD Invoice: SIGN SOURCE /26/ Banners for school supply driv Fire Misc Contractual TOTAL: /09/2018 PRTD Invoice: SOUTHEAST SAND /27/ AB3 Rock (2 loads)-kirby Ditch Project E CIP Misc Contractual TOTAL:

69 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 20 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /09/2018 PRTD 1169 AMY SPITLER Invoice: mileage mileage 08/01/ Travel to KACM board meeting Overland Park, Ks Municipal Court Travel TOTAL: /09/2018 PRTD Invoice: RYLKO FENCE CO /27/ Fence post and caps for Tower Water Production Minor Equip TOTAL: /09/2018 PRTD Invoice: STRAWN CONTRACTING, INC /26/ Nuisance Abatement-417 E Ave C Inspection Misc Contractual TOTAL: /09/2018 PRTD 1201 SUMMIT TRUCK GROUP Invoice: CM B Invoice: SUMMIT TRUCK GROUP CM B 06/22/ Core Return Central Gar Rev Vehicle Parts /01/ batteries - stock Central Gar Rev Vehicle Parts TOTAL: /09/2018 PRTD Invoice: SURENCY LIFE AND HEALTH /31/ Surency billings-july Inv Health & Dental Plan Admin TOTAL: /09/2018 PRTD 1219 SWENSEN Invoice: PER DIEM PER DIEM 08/01/ TYLER SWENSEN - TRAVEL - GOLF Golf Travel TOTAL: /09/2018 PRTD Invoice: THE ARNOLD GROUP , /19/ TAG Seasonal Payroll Golf Misc Contractual Serv 1, THE ARNOLD GROUP /26/

70 08/08/ :14 shellyhs CASH ACCOUNT: CB&T 256 NO CHIC DATE TYPE VENDOR NAME Invoice: Invoice: #1 Invoice: #2!City of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL THE ARNOLD GROUP THE ARNOLD GROUP INVOICE # # INV DATE INVOICE DTL DESC PO Airport -- The Arnold Group Airport Misc Contractual RUN 07/19/ Temporary Staffing Utility Billing Misc Contract 07/19/ Drug Testing Risk Mngment Drug Testing Risk Mngment Appl Background TOTAL: IP 21 lapcshdsb NET , /09/2018 PRTD Invoice: UNDERGROUND VAULTS AND /31/ Shred service Patrol & Invest Misc Contractu TOTAL: /09/2018 PRTD 1281 UNIFIRST CORPORATION Invoice: JUL ll 69454JUL18 JUL /26/ UNIFORM CLEANING Utility Billing Laundry PW Maint Laundry Central Gar Shop Laundry Traffic Sign Laundry Park Main Laundry Forestry & Hort Laundry Radio Laundry Fire Laundry & Uniform Clean Street Laundry Swimming Pool Laundry Animal Shelter Laundry Golf Laundry Airport Laundry Water Production Laundry Water Distribution Laundry WWTP Laundry Storm Sewer Laundry TOTAL: 3, , /09/2018 PRTD Invoice: UNIVERSITY OF KANSAS /25/ Registration for Collins at KLETC Patrol & Invest Training TOTAL:

71 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 22 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RON NET INVOICE DTL DESC /09/2018 PRTD Invoice: /09/2018 PRTD Invoice: VIDEO SURVEILLANCE.COM /27/ Device License RECRD Records Misc Contract 1313 VOGTS-PARGA CONSTRUCTION, LLC 209, TOTAL: 07/31/ Main Street Reconstruction E Other Capital Outlay TOTAL: , , /09/2018 PRTD Invoice: WEIS FIRE & SAFETY EQ CO INC /21/ Helmet purchase Fire Wearing Mater/Clothing TOTAL: /09/2018 PRTD 670 WESTAR ENERGY AUG18 08/06/ Invoice: AUG18 AUG 18 SERV DILLON PARK Park Maint Electricity TOTAL: /09/2018 PRTD 670 WESTAR ENERGY JULY18 08/03/ Invoice: JULY18 CORRECTED BILLING/JUL 18 STREET LIGHTS 3, Street Lighting Electricity TOTAL: , , /09/2018 PRTD Invoice: WICHITA CONCRETE PIPE, INC /07/ Electric junction boxes-17th & Plum E Grants Other Capital Outlay TOTAL: /09/2018 PRTD Invoice: W WICHITA CORING & CUTTING INC. 2, W /14/ , Concrete cut to install loops-11th & Severance E Other Capital Outlay

72 08/08/ :14 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 23 lapcshdsb CASH ACCOUNT: CB&T 256 NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC TOTAL: 2, NUMBER OF S 111 *** CASH ACCOUNT TOTAL*** 698, TOTAL PRINTED S TOTAL WIRE TRANSFERS TOTAL EFT'S COUNT AMOUNT 676, , *** GRAND TOTAL*** 698,085.50

73 08/03/ :18 shellyhs ICity of Hutchinson IA/P CASH DISBURSEMENTS JOURNAL IP 1 lapcshdsb CASH ACCOUNT: CB&T 256 NO CBK DATE TYPE VENDOR NAME INVOICE INV DATE PO RUN NET INVOICE DTL DESC /03/2018 PRTD Invoice: CAYWOOD RICK /03/ UB MONROE Water Metered Sales Water Fund Sales Tax Pay Water Fund Sales Tax Pay Water Fund Sales Tax Pay Water Franchise Fee Water Fund State Water Fee TOTAL: NUMBER OF S 1 *** CASH ACCOUNT TOTAL*** COUNT AMOUNT TOTAL PRINTED S *** GRAND TOTAL***

74 CITY OF HUTCHINSON OPFICE OP 'l'iie Cl'l'Y MANAGl~ll COLNCIL COMMUNICATION FOR M!:FTI\:G OF AGENDA ITF!vf FOR ACTION lnformatlon ONLY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: City Council John Deardoff, City Manage~ August 16, f Approval 2019 Budget The City Council will hold its required public hearing on the 2019 Budget on August 21st, 2018 at 5:30 pm. The council will allow public comment during the formal hearing and will be asked to formally approve the budget later in the Council agenda. The 2019 Budget as presented in the attached budget certificate is now ready for final approval. The proposed budget calls for an increase of one mill in the overall mill rate as follows: General Fund Bond & Interest Total Hutch Rec The City budget also includes the Hutchinson Recreation Commission budget with a proposed 2019 mill levy rate of Prior to 2014, the HRC levy was included in the USD 308 mill levy. The HRC has held their required public hearing. The 2018 assessed valuation used for the 2019 budget is $310,120,968 which represents about a 1% increase over last year's figure of $307,050,463. Attached is the budget certificate setting the maximum spending for all funds at $86,771,217. The Council can lower the budget figures represented in the certificate, but cannot increase without another publication and hearing. The other option would be to reallocate existing budget dollars for another purpose. The proposed budget reflects all of the changes and discussions the Council has had over the past three months. Staff would recommend approval of the 2019 budget as proposed. (Attached Budget Certificate)

75 state of Kansas C :fy CERTIFICATE To the Clerk of RENO COUNTY, State of Kansas We, the undersigned, officers of HUTCHINSON certify that: (I) the hearing mentioned in the attached publication was held; (2) after the Budget Hearing this budget was duly approved and adopted as the maximum expenditures for the various funds for the year 2019; and ( 3 ) t h e Amounts(s) o f20 I 8 A d Valorem Tax are wit. h" m statutorv limitations Adopted Budget Amount of2018 County Page Budget Authority Ad Valorem Clerk's Table of Contents: No. for Expenditures Tax Use Only Computation to Determine Limit for Allocation ofmvt, RVT, 16/20M Vehicle Tax 3 Schedule of Transfers 4 Statement oflndebtedness s Statement of Lease-Purchases Fund K.S.A. General I 12-!0la 7 39,246,393 10,358,542 Debt Service I ,373,591 3,320,623 Library I Special Highway 10 2,685,081 Special Parks & Recreation ,240 Special Alcohol II 117,152 Special Sports Arena II 5,523,405 Convention & Tourism Promotion ,000 Fun Valley 12 Animal Shelter ,642 Tax Incremental Financing 13 Community lmpr District ,000 Refuse 14 2,712,104 Golf Course IS 877,424 Airport IS 482,331 Water Utility 16 10,294,447 Sewer Utility 16 9,117,000 Stom1 Water Utility 17 5,183,750 Economic Opportunity ,000 E ,271,657 Non-Budgeted Funds-A 19 Non-Budgeted Funds-B 20 Non-Budgeted Funds-C 21 Totals for City xxxxxx 86,771,217 13,679,165 Recreation I ,292,000 1,141,120 Totals Includes Recreation xxxxxx Budget Summarv 22 Neighborhood Revitalization Rebate 23 I County Clerk's Use Only Tax Lid Limit (from Computation Tab) 15,168,689 Nm- I, 2018 Total Does the City Need to Hold an Election? NO Assessed Valuation Assisted by: Address: Attest: County Clerk Governing Body ICPA Summary PageNo.l

76 CITY COUNCIL AGENDA REPORT DATE: August 10, 2018 SUBMITTED BY: Amy Allison, AICP Director of Planning and Development COUNCIL COMMUNICATION FOR MEETING OF August 21, 2018 AGENDA ITEM FOR ACTION INFORMATION ONLY 7a THROUGH: Jim Seitnater Director of Planning and Development REQUEST: #ZA , Request for Zoning Regulation Amendments Pertaining to Table of Land Use Categories, Zoning Districts, R-6 Infill Residential District, & Definitions APPLICANT: City of Hutchinson CITY COUNCIL ACTION REQUIRED: Motion to (accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission) the recommendation of the Planning Commission to approve amending Chapter 27, Article 2 of the Zoning Regulations. Motion to (accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission) the recommendation of the Planning Commission to approve amending Chapter 27, Article 3 of the Zoning Regulations. Motion to (accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission) the recommendation of the Planning Commission to approve amending Chapter 27, Article 4 of the Zoning Regulations. Motion to (accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission) the recommendation of the Planning Commission to approve amending Chapter 27, Article 9 of the Zoning Regulations. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of this request by a vote of 7-0 with Commissioners Woleslagel and Carr absent. PUBLIC HEARING: A public hearing was held before the Hutchinson Planning Commission on August 14, 2018, where the attached staff report (Exhibit 5) was presented. Staff recommended approval of the request. Citizens who addressed the Commission on this matter were:

77 ZA Zoning Ordinance Amendments City Council Report August 21, 2018, City Council Meeting Alex Falke said he owns three properties and asked if he can have an accessory dwelling unit on each property. Staff said the property owner must reside at the property where the ADU is located. Aaron Carey, 28 E 17th, asked about a property on 3rd Ave. Allison said he should schedule an appointment with staff to discuss. Dave Young, 119 W 9th Ave, said he had a concern about allowing metal siding and he is opposed to allowing cheap metal carports. Mike McClure, 701 W 17th Ave, asked about subdividing his lots for homes. Allison said it would be best to make an appointment with staff to discuss this plan. Tim Miller, 901 N Jackson, said he appreciates what the City is doing to make development easier. He asked about removing and replacing an existing garage with the same footprint. Allison said he can do that now under the current regulations. The R-6 zone would allow him to construct the garage three feet from the side property line. Jeremy Hoffman, 1213 E 3rd Ave, asked about removing his existing two sheds and building a garage. Allison said he should make an appointment with staff to discuss his options. Max Tolbert, 726 E 2nd Ave, asked if the R-6 zone will increase his taxes. Staff said the zoning designation will not increase taxes. If he constructs additional buildings or makes other improvements to his property, the new development could increase his taxes. Mike McClure, 701 W 17th Ave, asked if the NRP program will still be in effect in the R-6 District and he was told that it will. Lloyd Smith, 613 N Grandview, asked if mobile homes will be permitted in the R-6 District. Allison said mobile homes are not permitted. Residential designed manufactured homes are allowed. The unofficial minutes for the public hearing are included as Exhibit COMPREHENSIVE PLAN COMPATIBILITY: The Comprehensive Plan contains the following strategies pertaining to the land use table and infill development standards: S.1.7.a.1. Revise the City s zoning ordinance to reduce the number of uses to broad use categories. S.1.7.a.2. Revise the City s zoning ordinance to reduce the number of uses requiring special permitting and to include mitigation measures for as many uses a possible as part of the regulations. S.2.1.b.1. Implement the recommendations of the Infill Development Study. S.2.1.b.2. Review current regulations for barriers to infill development and discretionary items that increase development costs. OTHER INTERESTED PARTIES: Planning Staff solicited input from the Chamber of Commerce on the Land Use Table and held two Town Hall Meetings in the Southeast and Southwest Districts for review of the proposed R-6 District. 2

78 ZA Zoning Ordinance Amendments City Council Report August 21, 2018, City Council Meeting ATTACHMENTS: Exhibit 1 Proposed Ordinance Amending Chapter 27, Article 2, Definitions Exhibit 2 Proposed Ordinance Amending Chapter 27, Article 3, General Provisions (Acc. Structures) Exhibit 3 Proposed Ordinance Amending Chapter 27, Article 4, Zoning Districts Exhibit 4 Proposed Ordinance Amending Chapter 27, Article 9, Supplemental Regulations Exhibit 6 Planning Commission Staff Report and Exhibits, minus Exhibit D Exhibit 7 Unofficial Planning Commission Minutes (Meeting of August 14, 2018) 3

79 EXHIBIT 1 Introduced: August 21, 2018 Passed: August 21, 2018 Published: August 24, 2018 ORDINANCE NO AN ORDINANCE AMENDING SECTION DEFINITIONS OF CHAPTER 27 OF THE CODE OF THE CITY OF HUTCHINSON, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. That Section Definitions of Chapter 27 of the Code of the City of Hutchinson be amended as follows: Sec Definitions. 30th Avenue Corridor shall mean that area along 30th Avenue in the City of Hutchinson, Kansas, 225 feet in depth along the north and south sides of 30th Avenue, from Waldron Street to K-61 Highway. Abandonment shall mean the cessation or discontinuance of a use or activity without intent to resume, as distinguished from short term interruptions such as periods of remodeling or maintenance or normal periods of vacation or seasonal closure. Abut, Abutting shall mean touching or contiguous; as distinguished from lying near. Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by these regulations. Accessory Building or Structure shall mean any detached building or portion of a principal building that is subordinate in size and function and serves a function customarily incidental to that of the principal building or principal use of the premises but is not used for dwelling purposes. Customary accessory buildings include garages, carports, tool sheds and similar structures. Accessory Dwelling Unit shall mean a subordinate dwelling located on the same zoning lot as the primary structure and which meets the design standards and use restrictions of these regulations. Accessory Use shall mean a use of land customarily incidental and subordinate to the principal use on the same zoning lot or tract. 1

80 Active Recreation shall mean those outdoor uses that require more than sitting, walking or casual cycling, such as, but not limited to: golf (disc, traditional, foot); aquatic facilities (swimming pools, water parks, splash pads); skate parks; BMX parks and other, similar uses. Active recreation does not include motorized recreation. Adjacent shall mean adjoining, contiguous or abutting. Adult shall mean any person aged 18 years or older. Adult Book and/or Video Store shall mean an establishment which offers for sale or rental books, magazines, photographs, films, videos, or other visual representations, and other materials oriented toward representation of sexual activity of any kind. This term does not include occasional sales of books, magazines, videos and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. Adult Day Care Center shall mean any place or facility operating less than 24 hours-aday caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment, need supervision of or assistance with activities of daily living. Adult Entertainment Establishment shall mean any premise which provides adult sexually-oriented entertainment whether live or by motion pictures, videos, photographic reproductions or other means. Adult Novelty Store shall mean a commercial establishment offering for sale visual materials, printed matter, instruments, devices, and other paraphernalia designed and intended for use in connection with sexual activities. This does not include occasional sales of books, magazines, videos, and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. Agricultural Operations see Agricultural Use. Agricultural Chemical Manufacture / Storage shall mean the manufacture or storage of chemicals typically associated with, or intended to be used for, agricultural purposes, including defoliants, herbicides, fertilizers, insecticides and pesticides. Agricultural Use shall mean the use of a tract of land under one ownership for growing crops, pasturage, horticulture, commercial nurseries and greenhouses, truck farms, dairying, or the raising of poultry or cattle and other livestock, including the structures necessary for carrying out farming operations and the dwelling(s) of those owning and/or operating the premises such as a member of the family thereof or persons employed thereon and their families. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use. Airport shall mean the Hutchinson Municipal Airport or future airports owned and operated by the City of Hutchinson, unless otherwise specified. 2

81 Alley shall mean a dedicated public right-of-way other than a street, which affords a secondary means of access to the side or rear of lots. Alteration shall mean any change, addition or modification in construction or use of an existing building or structure. Amateur Radio shall mean radio equipment and associated antennas or support structures for the purpose of receiving or transmitting communications by a radio station as described in Section 153(g) of Title 47 of the CFR and which is operated under license by the FCC. Animal, domestic (farm) shall mean cattle, horses, sheep, poultry and similar animals commonly found on farms. Apartment shall mean a room or a suite of rooms in an apartment house or multiple family dwelling arranged, used, designed, or suitable for use by one or more persons as a place of residence with a kitchen or culinary accommodations. See also: Dwelling Unit. Apartment Complex shall mean a building or buildings containing apartments used as a place of residence for more than two households. Applicant shall mean the owner or duly designated representative of land proposed to be subdivided, or for which a special use permit, conditional use permit, temporary use permit, zoning amendment, variance, appeal, exception, building permit, certificate of occupancy or other similar permit has been requested. Consent shall be required from the legal owner or his legal representative in writing, except for building permits and zoning certificates. Appurtenances shall mean the visible, functional objects accessory to and part of buildings. Architectural Style shall mean the characteristic form and detail of buildings of a particular historic period. Area shall mean a piece of land capable of being described with such detail that its location may be established and boundaries definitely ascertained. Area of Influence shall mean that area approved by the Governing bodies of the City of Hutchinson and Reno County within which the City has commenting authority on proposed development projects, as delineated on the approved Area of Influence Map. Artisanal Manufacturing shall mean a person or business that makes a high-quality, distinctive product in small quantities, typically by hand. Examples of artisanal manufacturing include, but are not limited to, breadmaking, woodworking, craft beer making and candy making. This definition is intended for shops that engage in small-scale 3

82 production that may create noise, dust, heat or other impacts but at a scale and frequency that do not harm or interfere with the operations of neighboring businesses or residences. Assisted Living shall mean any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours-a-day, seven days-a-week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by these regulations. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited-term basis, or, if limited in scope, on a regular basis. Athletic fields shall include fields designed for soccer, baseball, football and similar types of active recreation. Fields designed for motorized sports shall not be considered athletic fields. Attached shall mean that a foundation, wall or roof of a building or structure is connected to and supported by the foundation, wall, or roof of another building or structure. Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. Basement shall mean that portion of a building which is partly or wholly below grade. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground. Bed and Breakfast shall mean an owner-occupied residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite shorttime periods, sleeping rooms and meals are provided for one or more persons, provided that where the bed and breakfast is located in a residential district, there shall be a maximum of three sleeping rooms. Bed and Breakfast Inn shall mean a bed and breakfast facility with four or more guest rooms. Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character of an area. Block shall mean a series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, parks, open land, or waterways. Board of Zoning Appeals shall mean that board which has been created by the Governing Body, said board having jurisdiction and the statutory authority to hear and determine special use permits, exceptions and variances to these zoning regulations and appeals of determinations of the zoning administrator. 4

83 Buffer shall mean a strip of land established to separate one type of land use from another land use or between a land use and a private or public street. See also: Screening. Buildable Area shall mean that part of a zoning lot not included within the required yards or subject to other restrictions herein required where buildings can be constructed. Building shall mean a structure having a roof supported by columns or walls intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals or property; and when separated by firewalls each portion of such structure so separated shall be deemed a separate building. Building, Completely Enclosed shall mean any building having no outside openings other than ordinary doors, windows and ventilators. Building, Principal shall mean a building in which is conducted the principal uses of the lot or parcel upon where it is situated. See also: Use, Principal. Building Code shall mean the adopted building codes of the City of Hutchinson including but not limited to fire codes, electrical codes, property maintenance codes and fuel gas codes. Building Height shall mean the vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or flat roof, to the deck line of mansard roof, and to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs. Building Line see Setback Building Official shall mean the Building Official of the Inspections Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Building Height Bulk Regulations shall mean regulations in the zoning ordinance which control the size and relationship of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling maximum height, maximum lot coverage, and minimum width of yards and setbacks. 5

84 Carport shall mean a permanent roofed structure with not more than three enclosed sides used or intended to be used for motor vehicle or recreational vehicle shelter. Child Day Care Center shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, which (1) provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening and nighttime care; or (2) provides before and after school care for school-age children. The term does not include the following: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; (b) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; or (c) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations. City shall mean the City of Hutchinson, Kansas. Also, City Council or Governing Body. City Attorney shall mean the City Attorney of the City of Hutchinson or his/her authorized deputy, agent or representative. City Council shall mean the Hutchinson City Council. City Engineer shall mean the City Engineer of the Engineering Department of the City of Hutchinson or his/her authorized deputy, agent or representative. City Limits shall mean the established corporate boundary of the City of Hutchinson. Club, Class A shall mean a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them. Code shall mean the Municipal Code of the City of Hutchinson. Coffee Kiosk shall mean a retail food business that sells coffee or other nonalcoholic beverages and pre-made bakery goods from a drive-through window to customers seated in their motor vehicles for consumption off the premises and that provides no indoor or outdoor seating. Collection Bin, Free Standing shall mean a large box, bin, or drop-off container located on a parcel of land for the purpose of collecting materials such as clothing, household items, paper, metal or glass to be reused, recycled, sold or donated. 6

85 Columbarium shall mean a structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal. Commercial Entertainment shall mean those typically privately-held recreational and entertainment facilities intended to operate for-profit. Commercial entertainment includes such uses as movie theatres, drive-in theatres, miniature golf, motorized recreation and drone parks. Commission shall mean the City of Hutchinson Planning Commission. Common Area shall mean an area of land or water or combination thereof used for passive or active recreation, private streets, private alleys, driveways, off-street parking, loading areas, swimming pools, tennis courts, and similar types of uses in association with one or more principal uses. Community Garden shall mean a parcel of land gardened collectively by a group of people which may include the sale of produce, herbs, flowers, and other by-products of the garden produced on site. Compact Development shall mean an infill residential development of at least 3 dwelling units per lot, which is permitted to have access from a public or private street. Compatible Use shall mean a land use which is congruous with, tolerant of, and has minimal adverse effects on existing neighboring uses. Compatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical interference and radiation. Comprehensive Plan shall mean the adopted Comprehensive Plan of the City of Hutchinson, Kansas, which sets forth policies for the present and foreseeable future community welfare as a whole and meets the purposes and requirements of the residents of the City of Hutchinson and its planning and zoning jurisdiction. Conditional Use shall mean a use where allowed by the district regulations that may not be appropriate throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics will not be detrimental to the public health, safety and general welfare. All conditional uses require review by the Planning Commission and approval by the City Council. Conditional Use Permit shall mean the documentary evidence of authority granted by the City Council in accordance with these regulations which allows establishment of a conditional use at a particular location. 7

86 Congregate Living shall mean a home or other building where dwellers reside in individual rooms or apartments but have meals in a common area. Examples of congregate living include assisted living facilities, boarding houses, rooming houses, group homes, dormitories, fraternities and sororities. Conservation shall mean the protection and care that prevents destruction or deterioration of historical or otherwise significant structures, buildings or natural resources. Contiguous shall mean the same as Abut or Abutting. Correctional Facility shall mean a facility providing housing and care for individuals confined for violations of law. Typical uses include jails, prisons and juvenile detention centers. Cottage Court shall mean a development having a single accessway that provides for a minimum of three single family residential units, whether attached or detached. Court shall mean an open space on the same lot with a building or buildings that is bounded on two or more sides by such buildings. County shall mean Reno County, Kansas. County Health Officer shall mean the Director of the County Health Department or such person designated to administer the health regulations of Reno County. Cul-de-Sac shall mean a right-of-way with one end open to traffic and the other end permanently terminated by a vehicular turn-around. Curb Cut shall mean an opening in the curb of a street or other type of passageway which enables vehicles to enter upon a parcel from a public street. Day Care Home, Licensed shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, in which care is provided for a maximum of 10 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE. Day Care Home, Licensed Group shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, in which care is provided for a maximum of 12 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE. 8

87 Deck shall mean a flat, floored, roofless structure. Roofless does not include a roll-out awning or a canopy provided that all the vertical sides, other than the residential structure are open. Dedicate shall mean to transfer property rights from the property owner to another person or entity. Detention Center shall mean a facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail and prison. Developer shall mean the legal or beneficial owner or owners of all the land proposed to be included in a development or the duly authorized agent thereof. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 40 years, or other persons having an enforceable proprietary interest in such land shall be deemed to be a developer for all purposes of these regulations. Development shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required. Director of Parks and Facilities shall mean the Director of the Parks Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Director of Planning and Development shall mean the Director of the Planning and Development Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Director of Public Works shall mean the Director of the Public Works Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Drainage shall mean the removal of surface water from land through grading, installation of surface drains, construction of below surface drains and other means. Drainageway shall mean a man-made or natural conveyance that transports stormwater over land which is frequently referred to as a channel, swale, ditch, gully, stream or watercourse. Drive-In Restaurant shall mean a restaurant where customers order food and beverages from order boxes, typically located in each parking stall, and the order is delivered to the car by an employee of the restaurant. Drive-Thru shall mean an establishment where customers can be served without leaving the confinement of their vehicle; where vehicles wait in a line to order and be served (as 9

88 distinguished from drive-in facilities, where items are delivered to waiting vehicles parked in traditional parking spaces). Drive-Thru Restaurant shall mean a restaurant where customers order food and beverages without leaving their vehicles from one or two order boxes and wait in a line to be served. Driveway shall mean any vehicular access to an off-street parking or loading facility. Duplex shall mean the same as Dwelling, Two Family. Dwelling shall mean a building or portion thereof containing complete housekeeping facilities, including living, sleeping, toilet, bath, and eating areas for one household. Dwellings shall contain a minimum of 600 square feet of floor area, unless classified as an Accessory Dwelling Unit or a Compact Dwelling / Economy Home. Dwelling, Multiple Family shall mean a building or buildings identified, designed, used or suitable for use as a residence for three or more families living in separate apartments. Dwelling, Single Family shall mean a building having accommodations for or occupied exclusively by one family. Dwelling, Single Family Attached shall mean a single family dwelling unit that is attached to one or more additional single family dwellings. Said dwelling units are separated by an un-pierced common wall or walls (as required by local codes) through the center of the structure that also sits along the property line separating ownership of the structure. See also: Dwelling, Two Family and Townhouse. Dwelling, Two Family shall mean a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. Dwelling Unit shall mean a building or portion thereof containing complete housekeeping facilities one household. See also: Dwelling. Easement shall mean an authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property. Eating Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Economy Home shall mean a single family residential dwelling unit that is a minimum of 400 square feet in size and a maximum of 800 square feet in size. Educational Institution shall mean a public or private institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary 10

89 or collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such institutions must meet all criteria and standards as established by the Kansas State Board of Education or other respective authority having jurisdiction over the institution. Effective Date shall mean the date that these regulations shall have been adopted or amended, or the date land areas became subject to the regulations contained in these regulations as a result of such adoption or amendment and any subsequent publication as required by law. Emergency Shelter shall mean a facility providing 24-hour residential care and protection for a period not to exceed 30 days and which provides the resident access to the surrounding community. Enlargement shall mean the expansion of a building, structure or use in number, volume, size, area, height, length, width, depth, capacity or ground coverage. Exception shall mean the allowance of a use with specific conditions in a given zoning district by special use permit where specifically authorized by these regulations or to the standards required by these regulations and authorized by Section Exterior Lighting shall mean lights installed outdoors on an outside wall, a roof, a standard pole or other device, not including lights that shine on or which are a part of a sign but including security lights, flood lights, decorative lights, parking lot lights and similar lights. Facade shall mean the entire building front, including the parapet. Federal Communications Commission (FCC) shall mean the federal agency charged with licensing and regulating wireless communication at the national level. Feedlot shall mean the feeding of livestock, poultry or small animals for commercial purposes usually in lots, pens, ponds, sheds or buildings where food is supplied primarily by means other than grazing, foraging or other natural means. Fence shall mean a freestanding enclosure or barrier intended to provide privacy, protection, security, screening or confinement, or to redirect a person s travel. 1. Fence, Open shall mean a fence of approved material, which has, for each one-foot-wide segment extending over the entire length and height of the fence, 50 percent or more of its surface area in open spaces which affords direct views through the fence. 2. Fence, Solid shall mean a fence of approved material, excluding chain link with slats, which obscures at least 90 percent of vision through each onefoot-wide segment extending over the entire length and height of the fence. 11

90 Flammable or Explosive Material shall mean any substance which decomposes through detonation or which is intense burning. In addition, any substance which is considered an explosive or a flammable liquid as defined in Division IV of Article I of the City of Hutchinson Fire Code shall be considered a flammable or explosive material. Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land area, resulting from the over flow of creeks, rivers or streams, or from the unusual and rapid accumulation or runoff of surface waters from any source. Floodplain shall mean land area subject to inundation from surplus storm water as defined by a FEMA Flood Insurance Study and as depicted on a Flood Insurance Rate Map. The floodplain is the area adjacent to the floodway which on average has a one percent chance of flooding in any year. Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (one percent annual chance flood) without cumulatively increasing the water surface elevation more than one foot. Food Sales shall mean establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops. Front shall mean the part or side of a building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for that building or structure. Frontage shall mean the portion of a parcel or lot which abuts a dedicated public street, highway or private roadway. Funeral Home shall mean a building used for the temporary storage, preparation and viewing of the deceased and for the performance of rituals and ceremonies connected therewith before burial or cremation. Garage, Private shall mean any detached accessory building or portion of a principal building designed or used for the housing and storage of motor vehicles and other property which belong to, or are provided for the exclusive use of, the occupants of the lot or premises upon which such building is located and having no provisions for the commercial repair or upkeep of such vehicles. Garage, Public shall mean any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, keeping and/or repair of motor vehicles. Garage Sale or Yard Sale shall mean a temporary residential accessory use whereby items accumulated during the everyday residential use of a dwelling are sold. 12

91 Governing Body shall mean the City Council of the City of Hutchinson, Kansas. Grade shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. Green Space shall mean an open space available for unstructured recreation and landscaping consisting of grassy areas and trees. Greenhouse, Accessory shall mean a building constructed primarily of glass, plastic or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables or other plants intended for private use and not for sale. Gross Floor Area shall mean the sum of the horizontal areas of all stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Ground Cover shall mean plant materials or approved inorganic materials used in landscaping which may be intended to keep the soil from being blown or washed away and which remain less than 24 inches in height at maturity. Turf grass is excluded. Ground Level shall mean the grade at the public right-of-way edge or parcel boundary edge, whichever applies. Ground Water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated. Hard Surface shall mean any permanently applied asphalt or concrete surface of an approved thickness, or other approved surface, excluding asphalt millings with or without a slurry seal, and excluding crushed rock, gravel, loose fill material, grass, sand and dirt. Hazardous Waste shall mean waste materials including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment as defined by state and local regulations. Hedge shall mean a plant or series of plants, shrubs or other landscape material, arranged so as to form a physical barrier or enclosure. Home Occupation shall mean a commercial occupation or activity conducted by a person within a dwelling unit of said person s primary place of residence, which is clearly incidental and secondary to the use of the premises for dwelling purposes. 13

92 Homeowners Association shall mean a community association which is organized in a development in which individual owners share common interests in open space or facilities. The homeowners association usually holds title to reserve areas, manages and maintains the common area, and enforces certain covenants and restrictions. Hospital shall mean a building or group of buildings having room facilities for one or more patients, used for providing services for the inpatient medical and surgical care of ill or injured persons, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities and staff offices; provided, however, that such related facilities must be incidental and subordinate to the principal use and must be an integral part of the hospital operation. Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations at a daily rate to the general public and providing associated services such as restaurants, meeting rooms, and recreational facilities. The term hotel includes motel and other similar transient accommodations. Household shall mean one or more persons who occupy a dwelling unit and live as a single housekeeping unit. Impervious Surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as conventionally surfaced streets, sidewalks, parking lots, driveways, and the roofs of buildings. Infill Development shall mean the development of vacant or underutilized land located in a predominately built up area. Infrastructure shall mean facilities and services needed to sustain industrial, residential, commercial, and all other land-use activities, including water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc. Inoperable Vehicle Storage shall mean those vehicle storage areas permitted as an accessory use to permitted auto repair uses and does not include salvage uses. Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with low intensity uses. Junk shall mean any worn-out, cast-off, old or discarded articles of scrap metal, copper, brass, iron, steel, wood, rope, rags, batteries, paper, trash, rubber, debris, appliances, waste, construction and demolition debris, dismantled or wrecked motor vehicles or parts 14

93 thereof, and other old or scrap materials including ferrous or nonferrous material, and any other material defined as junk by local and state regulations. Junkyard shall mean an establishment which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of a salvage yard or motor vehicle graveyard. Junkyards shall comply with all local and state regulations. Landfill shall mean a site established for disposing of solid wastes in a manner that minimizes environmental hazards which is operated in accordance with the regulations of KDHE. Landscape shall mean plant materials, topography and other natural physical elements combined in relation to one another and to manmade structures. Landscaping shall mean the improvement of a lot, parcel or tract of land with grass, shrubs, plants and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains and statuary, and other similar natural and artificial objects designed and arranged to produce a visually pleasing effect. Large-Scale Assembly shall mean a public or institutional type of building(s), which contains more than 20,000 square feet of gross floor area. Large Truck or Trailer shall mean a vehicle used for hauling loads or trailers along streets and highways. Large trucks include tractor trailer rigs, delivery trucks, cement trucks, dump trucks, and other such heavy duty commercial vehicles. All motor vehicles wider than seven feet six inches or higher than eight feet shall be classified as large trucks for the purposes of these regulations. Semi-trailers shall be classified as large trailers. LEED shall mean a professional credential that means Leadership in Energy and Environmental Design as administered and regulated by the United States Green Building Council. LEED-ND shall mean a professional credential within the overall LEED program meaning Leadership in Energy and Environmental Design Neighborhood Design as administered and regulated by the United States Green Building Council. Live/Work Unit shall mean a single unit (studio, loft or one bedroom) consisting of both a commercial and residential component that is occupied by the same person. The live/work unit shall be the primary dwelling of the occupant. Livestock shall mean cattle, horses, sheep, poultry and similar animals raised for domestic use or sold for profit. Loading Space shall mean an off-street space or berth on the same lot with a main building or contiguous to a group of buildings for the temporary parking of commercial 15

94 vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress. Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded subdivision plat or has been recorded prior to the adoption of these regulations, or a parcel of real property delineated on an approved record of survey, lot split or tax lot, or tract as filed in the office of the Reno County Register of Deeds. Lot, Corner shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot (see Lot, Interior ). Lot, Double Frontage see Lot, Through. Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. The lot width of a flag lot shall be measured at the midpoint of the main portion of the lot. Lot Interior shall mean a lot other than a corner lot which has frontage on one street or road only. In the case where two streets or roads intersect at an angle of 135 degrees or more, then the adjacent lot(s) shall be considered an interior lot. Lot, Through shall mean a lot having frontage on two non-intersecting dedicated streets or road rights-of-way, not including a corner lot. Lot, Zoning see Zoning Lot. Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot. Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy. Lot Depth shall mean the average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot. Lot Frontage shall mean the side of a lot abutting on a legally accessible street, whether private or public, other than an alley. Lot Line shall mean the property line bounding a lot. 1. Lot Line, Front shall mean the property line abutting a street or road upon which the permanent street address is based. 2. Lot Line, Rear shall mean a lot line not abutting a street or road right-ofway which is opposite and most distant from the front lot line. 16

95 3. Lot Line, Side shall mean any lot line other than a front lot line or rear lot line. Lot of Record shall mean a lot which is part of a subdivision, the plat of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations, or a lot described by metes and bounds, the description of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations. Lot Width shall mean the horizontal distance between the side property lines measured at the front property line as it abuts the street or along the street right-of-way line on unplatted streets, except that on cul-de-sac lots, the lot width shall be measured at the required front yard setback line. Manufacture shall mean to use any method of processing, developing, fabricating or assembling, either raw materials, semi-finished materials or parts into a semi-finished or finished product. Manufactured Home, Certified shall mean a structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act. For purposes of these regulations, the term manufactured home, when used by itself, shall not include a residential-design manufactured home as defined in these regulations. Manufactured Home, Non-Certified shall mean a manufactured home as defined above that has not been certified as meeting the federal Manufactured Home Construction and Safety Standards Act established pursuant to 42 USC Manufactured Home, Residential-Design shall mean a manufactured home on a permanent foundation which meets the construction and design standards of the City. All residential-design manufactured homes shall meet the requirements of Sec of these regulations. Manufactured Home Lot shall mean a plot of ground within a manufactured home subdivision for the placement of one manufactured home for single family occupancy and the exclusive use of its occupants and which provides the necessary utility services for water, sewage and electricity. Manufactured Home Pad shall mean that portion of an individual lot on which the manufactured home unit and any attached structure is placed. Manufactured Home Park shall mean a parcel of land under single ownership that has been planned and improved for the placement of manufactured homes used or to be used for dwelling purposes and where manufactured home spaces are not offered for sale or sold. The term manufactured home park does not include sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection or sale. 17

96 Manufactured Home Skirting shall mean the enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home. Manufactured Home Subdivision shall mean a subdivision that is platted for development as individual home sites for manufactured homes, modular homes, residential-design manufactured homes and site-built single family dwellings, all of which are required to be placed on permanent foundations. Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics, resins, food processing and liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer. Manufacturing, Heavy shall mean the manufacture of non-hazardous and non-explosive materials that require or include outdoor storage of materials, supplies or goods. Manufacturing, Light shall mean the manufacture of non-hazardous and non-explosive materials that do not require or include outdoor storage of materials, supplies and goods, and which manufacturing processes are conducted entirely within a fully enclosed building. This definition does not include artisanal manufacturing. Master Fee Schedule shall mean a fee schedule maintained by the City which establishes the required fees to be collected for specific planning, zoning, subdivision and similar activities. Mechanical Equipment, Building shall mean equipment, devices, and accessories, the use of which relates to water supply, drainage, electric, heating, ventilating, air conditioning and similar purposes. Mini-Storage or Mini-Warehouse see Self-Service Storage Facility. Mining or Quarrying shall mean the extraction of metallic and nonmetallic minerals, excluding oil or natural gas. Typical uses include sand, soil and gravel pit operations, quarries and mines. Mobile Vendor shall mean a person or persons who sell goods, food or other merchandise via mobile/transient means, typically from a vehicle designed for cooking and dispensing of said food or merchandise. 18

97 Mobile Vendor Park shall mean a group of two or more mobile vendors (food trucks, etc.) located for a temporary period of time on the same zoning lot. Monopole shall mean a type of support structure that consists of a vertical pole fixed into the ground and/or attached to a foundation. Motel see Hotel. Motor Freight Terminal (Truck Terminal) shall mean a building or area in which freight brought by large trucks is received, assembled or stored and dispatched for routing by large trucks which may include large truck and trailer storage. Motor Vehicle shall mean a self-propelled land vehicle not operated upon rails, except mopeds and self-propelled wheelchairs. Motor Vehicle Graveyard shall mean any establishment which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined, dismantled, disabled or inoperable motor vehicles, watercraft, recreational vehicles, trailers, boxcars, tractors, farm machinery and other conveyances, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Said uses shall comply with all local and state regulations. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a motor vehicle graveyard. Motor Vehicle Repair (Light-Medium) shall mean a building used for the purpose of repairing up to four-axle motor vehicles, with a maximum vehicle weight of 14,000 pounds. Commercial trucks, buses and other large vehicles are not considered lightmedium vehicles. Motor Vehicle Repair (Heavy) shall mean a building used for the purpose of repairing vehicles weighing more than 14,000 pounds or any vehicle with more than four axles. Multi-modal Shipping Container shall mean a large, standardized shipping container designed and built for freight transport across different modes from ship to rail to truck without unloading / reloading cargo. Multi-unit Living. See Dwelling, Multiple Family. Nonconforming Building or Structure shall mean a building or structure or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. Nonconforming Lot shall mean a lot which does not comply with the lot size requirements for the district in which it is located. 19

98 Nonconforming Use shall mean a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. Non-Ground Floor Dwelling (Loft) shall mean a dwelling unit in a commercial building which is located on the second or higher story. Nursery shall mean the use of a premises for the propagation, cultivation and growth of trees, shrubs, plants, vines and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the plants may be sold. Off-Street Parking Area shall refer to all off-street areas and spaces designed, used, required or intended to be used for parking, including driveways or access ways in and to such areas. Office, General shall mean a business establishment or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics. Office, Medical shall mean a business establishment or portion thereof, which furnishes medical, surgical or other service to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental labs, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Open Space shall mean a parcel, portion of a parcel or parcels of land, together with the improvements thereon, primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking areas, structures and buildings. Outdoor Storage shall mean the storage of any material for a period greater than 24 hours, processing and repair (including vehicles) not in an enclosed building. Overlay District shall mean a district which acts in conjunction with the underlying zoning district and which provides an additional layer of regulations. Owner shall mean one or more persons, including corporations, who have legal title to real property. Parcel shall mean a lot, tract or contiguous group of lots in single ownership or under single control, which may be considered as a unit for purposes of development. Parcel Boundary shall mean a line bounding a parcel which divides the parcel from another parcel, a public right-of-way, or any other public or private space. See also: Lot Line. 20

99 Park shall mean any public or private land available for recreational, educational, cultural or aesthetic use. Parking Area, Private shall mean an area, other than a street or alley, used for the parking of motor vehicles, which is restricted from general public use. Parking Area, Public shall mean an area, other than a private parking area or street, used for the parking of motor vehicles, either for free or for remuneration. Passive Recreation shall mean recreational facilities / uses that are designed to facilitate sitting, walking, casual cycling, and the like. Parking Lot shall mean any land used for the temporary parking of motor vehicles. Pergola shall mean an accessory structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. Permanent Foundation shall mean a base constructed from either poured concrete or laid masonry rock or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached. Permitted Use shall mean a land use that is allowed by right within a given zoning district. Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity. Personal Services shall mean uses providing human services exclusively to private individuals as the ultimate consumer. Personal services shall include but not be limited to grocery shopping services, tailoring and alterations, hair salons, spas, nail salons, barber shops, private household services and temporary personal in-home care. Pervious shall mean a surface that allows surface water penetration. Planned Unit Development shall mean a development designed to provide for a determined arrangement of residential, business or industrial uses in accordance with an approved development plan. Planning Commission shall mean the City of Hutchinson Planning Commission. Plant Materials shall mean trees, shrubs, vines, ground cover, grasses, turf, perennials, annuals and bulbs. Plat shall mean a drawing which is approved by the jurisdictional governing body and filed of record with the Reno County Register of Deeds that delineates the subdivision of 21

100 a parcel of land. A plat commonly shows lots, blocks, streets, easements and other features relevant to the development and improvement of the property. Portable Storage Container shall mean a transportable unit designed and used for the storage of retail merchandise, household goods, personal items, construction materials, supplies and non-hazardous materials which is placed on a property for the use of the residents or business on the property or for storage during the construction of a building. Portable storage containers shall include but not be limited to such units commonly known as PODS, mobile attics, shipping containers, portable storage containers, and similar uses, but shall not include railroad cars or multi-modal shipping containers. Portable storage containers are designed to be used outside of an enclosed building and are not placed on a permanent foundation or used for occupancy by persons. Premises shall mean any one or more lots or tracts of land, including all buildings, structures, or facilities located thereon. Preservation shall mean the act of protecting an area, parcel of land, or structure from being changed or modified from the present character to another that is not representative of a specific period or condition. Principal Building see Building, Principal. Principal Use see Use, Principal. Prohibited Use shall mean any use of land or a structure other than those considered legal nonconforming, which is not listed as a permitted use, permitted with design standards, conditional use or special use within a zoning district. Public, Institutional and Civic Facility shall mean any building, location or structure owned by a public entity, such as a library, fire station, school, community center, and other similar facilities and uses. Public Use shall mean a specified activity or area that either through actual public ownership or through dedication of easements allows the general public access and use. Public Utility shall mean any business which furnishes the general public telephone service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government. Public Water and Sewer Systems shall mean a water or sewer system owned and operated by a governmental entity which meets all local, state and federal requirements. Railroad shall mean the land use including the right-of-way abutting railroad properties occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and leased for use by others. 22

101 Recreational Vehicle (RV) shall mean a vehicular, portable structure, either self-propelled or pulled, designed for short term occupancy and highway travel without a special permit, including but not limited to motor homes, converted buses and vans, and camper tents, travel trailers, boats and boat trailers used exclusively for the purpose of traveling and occupancy by the owner, members of his or her family and guests, on camp trips beyond the city limits. Pickup trucks with camper shells shall not be included in this definition. Recreational Vehicle Park (RV Park) shall mean a commercial tract of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers or travelers on a rental basis. Repair (Except Vehicle Repair) shall mean repair of appliances and other household goods, including but not limited to sewing machines, vacuum cleaners, washing machines, dryers, refrigerators, stove, upholstery and the like. Repair, Aircraft and Railcar shall mean the repair of aircraft and aircraft parts as well as the repair of railcars, locomotives and other railroad apparatus. Residence shall mean a building used, designed or intended to be used as a home or dwelling place for one or more families. Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building. Retail Sales shall mean establishments engaged in the selling of goods or merchandise to the general public for personal or household consumption. Retail Service shall mean retail establishments providing services or entertainment, as opposed to products, to the general public for personal or household use. Retaining Wall shall mean a manmade barrier constructed for the purpose of stabilizing soil, retarding erosion or terracing a parcel or site. Rezoning shall mean an amendment to the zoning map which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance. Right-of-Way shall mean a strip of land dedicated for or intended to be occupied by a street railroad or road. Road shall mean the same as Street. Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, and hallways. 23

102 Rural Road see Street, Rural Salvage Yard shall mean any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal or other discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a salvage yard. Scale shall mean a proportional relationship of the size of parts to one another and to the human figure. For site plans and other plans referenced herein, scale means the geometric relationship between the plan and the ground. School shall mean any public or private elementary school, middle school, high school, community college, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year. Screening shall mean landscaping, fences, structures or plantings that conceal from view from public ways or from residential property the area behind such landscaping, fences, structures or plantings. Self-Service Storage Facility shall mean a building or group of buildings containing individual, compartmentalized and controlled access stalls or lockers for storage. Setback shall mean the distance between a building and the lot line or street right-of-way line, whichever is applicable, measured as an extension of the building line. Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said setback line shall be measured from and parallel to the street right-ofway line or highway setback line when one has been established. Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be measured from and parallel to the property line. Shopping Center shall mean a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations and protection from the elements. Side Street see Yard, Side Street Front. 24

103 Sight Triangle shall mean the area at a public or private street intersection required by these and/or other regulations to be maintained free of structures, objects or plantings, and where nothing shall be erected, placed, planted or allowed to grow which could materially impede the vision of motorists and/or pedestrians and thereby pose a safety hazard. Refer to Section of these regulations for required dimensions and other requirements for sight triangles. Similar Use shall mean the use of land, buildings or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities. Single-Unit Living. See Dwelling, Single Family. Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, driveways, parking spaces, loading spaces, lighting, drainage, landscape features and other principal and accessory site development improvements for a specific parcel of land. Site Plan Review shall mean the review by the city of all documents and applications necessary for development including subdivision plats, site plans, rezoning requests, permit review and/or other applicable forms. Solid Fence see Fence, Solid. Solid Waste shall mean waste materials including but not limited to garbage, trash, refuse, rubble, sewage sludge, offal, dead animals or paunch manure. Special Use shall mean a certain use of land or buildings that may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of such use with surrounding uses. Special uses are restricted and approved by the Board of Zoning Appeals. Special Use Permit shall mean the documentary evidence of authority granted by the Board of Zoning Appeals when a certain use of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken and conditions imposed to assure the compatibility of such use with surrounding uses. Stadium shall mean a large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators. State shall mean the State of Kansas. 25

104 Storage shall mean the keeping of any goods, junk, material, merchandise or vehicles, whether indoors, outdoors, roofed or unroofed, in an area on the same tract or premises. Stormwater Management shall mean the collecting, conveyance, channeling, holding retaining, detaining, infiltrating, diverting, treating or filtering of surface water, ground water, and/or runoff, together with applicable managerial (non-structural) measures. Stormwater Runoff shall mean surface water generated by rainfall that does not seep into the earth but flows over land, including impervious surfaces, to flowing or stagnant bodies of water. Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story. Story, First shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. Street shall mean a right-of-way which affords principal means of vehicular access to property abutting thereon. Street, Arterial shall mean a street identified as an Arterial on the Hutchinson Street Classifications Map. Street, Collector shall mean a street identified as a Collector on the Hutchinson Street Classifications Map. Street, Residential/Other shall mean a street identified as Residential/Other on the Hutchinson Street Classifications Map. Street, Rural shall mean any street that has not been identified by the Hutchinson Street Classification Map. Street, State Highway shall mean a street identified as a State Highway on the Hutchinson Street Classifications Map. Street, Private shall mean a street which affords principal access to property abutting thereon, which right-of-way is owned, controlled and maintained by persons other than the public. 26

105 Street, Public shall mean a street which affords the principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use. Street Centerline shall mean the centerline of a street right-of-way as established by official surveys. Street Frontage shall mean the distance for which a property line adjoins a public street from one property line intersecting said street to the opposite property line. Street, Frontage Access shall mean a street adjacent to a major street, major interregional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip. Streetscape shall mean the scene as may be observed along a public or private street or way composed of natural and man-made components, including buildings, paving, plantings, street hardware and miscellaneous structures. Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including covered patios, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas. Structure, Principal see Building, Principal. Structure Height see Building Height. Structural Alteration shall mean any change in the support members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or similar components. Subdivision shall mean the division of land, lot, tract or parcel into two or more lots, parcels, plats or sites, or other divisions of land for the purpose of sale, lease, offer or development, whether immediate or future. The term subdivision shall also include the division of residential, commercial, industrial, agricultural or other land whether by deed, metes and bounds description, lease, map, plat or other instrument. Subdivision Regulations shall mean the Subdivision Regulations of the City of Hutchinson. Support Structure shall mean the structure or surface upon which antennas are mounted. 1. Roof-mounted: Mounted on the roof of a building. 2. Side-mounted: Mounted on the side of a building. 27

106 3. Ground-mounted: Mounted on the ground. 4. Structure-mounted: Mounted on a structure other than a building. Swimming Pool, Private shall mean a pool which is an accessory use to a residence for the exclusive use of the occupants of the residential building and their guests. Swimming Pool, Public shall mean a pool and accessory buildings, generally owned and operated by a governmental entity, whether open or enclosed, and open for use by the general public. Tavern see Bar. Temporary Use shall mean a use intended for limited duration to be located in a zoning district as permitted by the zoning regulations. Tract shall mean a plot or parcel of land, other than a lot in a platted subdivision, which is recorded in the office of the Register of Deeds. Trailer shall mean a vehicle without motive power which is pulled by another vehicle and is designed and constructed to travel on the public thoroughfares. See also: Large Truck or Trailer. Truck Stop shall mean a building and premises built to accommodate large trucks where gasoline, oil, and minor auto accessories may be supplied and dispensed at retail and which may include truck washing facilities. Two-Unit Living. See Dwelling, Two Family. Use shall mean the purpose or activity for which land or buildings are designed, arranged, intended, occupied or maintained. Use, Design Standard shall mean a use that is allowed within a zoning district pursuant to meeting specified design standards. Use, Permitted shall mean any land use allowed as a use by right within a zoning district. Use, Principal shall mean the main use of land or structure, as distinguished from an accessory use. See also: Building, Principal. Variance shall mean relief from or variation of the provisions of these regulations, other than use regulations, granted by the Board of Zoning Appeals as applied to a specific piece of property. Vegetation shall mean plant life restricted to grass, turf, flowers, trees, shrubs and vines. Warehouse shall mean a building used primarily for the storage of goods and materials. 28

107 Watertight shall mean completion of a structure so that no rain or snow may enter, e.g. roof with shingles and exterior walls with windows installed. Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation commonly known as hydrophytic vegetation, which is typically adapted for life in saturated soil conditions. Yard shall mean any open space on the same lot with a building or group of buildings, which open space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory buildings or structures permitted by these regulations. Yard, Front shall mean the area between a front property line and any front yard setback line, except as otherwise provided, which extends the full width or length of the lot. Yard, Rear shall mean the area between the rear property line and the rear yard setback line, which extends the full width of the lot. Yard, Side shall mean the area from the front yard or from the front lot line where no front yard is required by these regulations, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. Yard, Side Street Front shall mean a yard that occurs on a corner lot along the length of the lot. The side street front yard is adjacent to the side street public right-of-way and is generally perpendicular to the established front yard. Special setback requirements apply for side street front yards. Zero Lot Line see Sec Zoning Administrator shall mean the person or persons authorized and empowered by the City Manager to administer the requirements of these regulations. Zoning Amendment shall mean an amendment to the zoning map, the zoning regulations, or both, which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance. 29

108 Zoning Certificate shall mean a written statement or authorization from the zoning administrator indicating that the existing or proposed uses for a particular parcel of property is in conformance with these regulations. Zoning District shall mean an area delineated on the zoning map for which uniform land use regulations are specified. Zoning Jurisdiction shall mean all areas within the corporate limits of the City and all areas where extraterritorial jurisdiction has been granted to the City by the Reno County Commission. Zoning Lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use, and that can provide such yards and other open spaces as required by the zoning regulations. A zoning lot may include any number of contiguous platted or unplatted lots. Zoning Map shall mean the official zoning district map delineating the boundaries of zoning districts in the City of Hutchinson zoning jurisdiction which, along with the text of the zoning regulations, has been officially adopted by the Hutchinson City Council. Section 2. That the existing Hutchinson City Code Section Definitions of Chapter 27 is hereby repealed. effect. Section 3. That all other sections of Chapter 27 shall remain in full force and Section 4. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. PASSED BY THE GOVERNING BODY, this 21 st day of August, 2018, for the City of Hutchinson, Kansas. ATTEST: Steven A. Dechant, Mayor Karen Weltmer, City Clerk 30

109 EXHIBIT 2 Introduced: August 21, 2018 Passed: August 21, 2018 Published: August 24, 2018 ORDINANCE NO AN ORDINANCE AMENDING SECTION ACCESSORY BULDINGS AND USES OF CHAPTER 27 OF THE CODE OF THE CITY OF HUTCHINSON, KANSAS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. That Section Accessory Buildings and Uses, of Chapter 27 of the Code of the City of Hutchinson, Kansas be amended as follows: Sec Accessory Buildings and Uses. Intent and interpretation. Unless expressly prohibited, accessory uses and structures shall be permitted in all zoning districts. Accessory uses and structures shall be clearly incidental to and customarily and commonly associated with the principal lawful use of the zoning lot on which they are located. The zoning administrator shall be granted the authority to interpret the provisions of this section and classify accessory uses and structures. All accessory uses and accessory structures shall: A. Be subordinate in purpose to the principal building or buildings served; B. Not be established on any zoning lot unless the principal structure has been more than one-half completed and is watertight; C. Not be erected in or encroach into any required yard, easement or sight triangle; D. Be located a minimum distance of five feet from all structures, unless permanently attached to such structures; and E. Detached accessory structures on interior lots shall not project nearer to the front lot line than the front exterior wall of the principal building and on corner lots shall not project nearer to the side street front lot line than the required setback. F. Lot Coverage and Height. 1. The combined lot coverage of the principal building and all accessory buildings shall not exceed the lot coverage requirements found in these regulations.

110 2. In the MH and MP Districts, accessory buildings shall not exceed 16 feet in height. 3. In the TA District, accessory buildings shall be allowed to exceed the height of the principal building provided that all other restrictions are met. In the TA District, accessory buildings and principal buildings may have combined lot coverage of 10 percent or 25,000 square feet, whichever is less. G. Residential Garages, Carports and Storage Buildings. The following regulations shall apply to all garages, carports and storage buildings for residential uses in all districts except as noted in section F. 1. Accessory buildings to residential uses shall be limited to buildings for domestic or household use or for the parking of motor vehicles and recreational vehicles. A hobby activity may be operated as an accessory use by a residential occupant of the premises solely for personal enjoyment, amusement or recreation; provided that any articles produced or constructed are not sold on the premises, except as may be permitted for an approved home occupation, and that no objectionable noise, odor, light or other adverse effects are created. 2. Accessory structures shall comply with the following maximum size requirements: Accessory Structure Type Detached Storage Building Detached Garage Detached Carport Maximum Square Footage Same as Detached Garage 1200 square feet. This may be exceeded to double the size of the principal structure, provided the total rear yard lot coverage is 10% or less. 600 square feet. 3. Accessory structures shall not occupy more than 35 percent of the entire rear yard from the rear of the principal building to the rear lot line. This percentage shall be calculated using all accessory structures on the property, including those that do not require a building permit. 4. For each single family dwelling, there shall be permitted a maximum of one detached garage and one carport, whether attached or detached. 5. For each duplex building, there shall be permitted a maximum of one detached garage, per unit, one detached storage building per unit, and two carports, whether such carports are attached or detached. 6. Carports shall not be attached to the front of a residential principal building. Carports shall be located only to the side or rear of the principal building and shall not project nearer to the front lot line than the principal building, whether attached or detached. On corner lots, carports shall not project

111 nearer to the side street front lot line than the required setback. Carports shall not exceed the height of the principal building. 7. The sidewalls of garages and storage buildings shall not exceed 12 feet in height. 8. Garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. 9. All garages and carports shall be provided and accessed by a driveway of an approved surface and design. Residential driveways accessing a detached garage or carport from a paved roadway shall be paved, as provided for in these regulations, from the roadway to the rear of the principal structure. From the rear line of the principal structure to the detached garage or detached carport, crushed rock or gravel may be used. 10. Storage sheds with access doors 8 feet wide or wider shall be considered detached garages for the purpose of these regulations. 11. All residential accessory structures shall be setback a minimum of 5 feet from the rear and side property lines, as measured from the eave of the accessory structure. 12. Accessory structures on permanent foundations that do not meet the setback or scale requirements of these regulations may be reconstructed in the same location and at the same size without having to obtain a variance from these regulations. Section 2. That the existing Section Accessory Buildings and Uses of Chapter 27 of the Hutchinson City Code is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. PASSED BY THE GOVERNING BODY, this 21 st day of August, 2018, for the City of Hutchinson, Kansas. ATTEST: Steven A. Dechant, Mayor Karen Weltmer, City Clerk

112 EXHIBIT 3 ORDINANCE NO Introduced: August 21, 2018 Passed: August 21, 2018 Published: August 24, 2018 AN ORDINANCE AMENDING ARTICLE IV. ZONING DISTRICTS, OF CHAPTER 27 OF THE CODE OF THE CITY OF HUTCHINSON, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. That Article IV, Zoning Districts of Chapter 27 of the Code of the City of Hutchinson, Kansas, be amended to read as follows: Sec Zoning Districts. Article IV. Zoning Districts The following zoning districts are established in the City of Hutchinson as provided by K.S.A. (1991 Supp.) , et. seq. The City herein establishes regulations that restrict the location, bulk, density and use of buildings and land within each zoning district. The designation of the zoning districts and development of the associated regulations were based on surveys and studies of past and present uses of property and upon the City's Comprehensive Plan. Zoning districts shall be designated as follows: TA Transitional Agricultural Rural District R-1 Single Household Suburban Residential District R-2 Single Household Residential District R-3 Moderate Density Residential District R-4 Residential Neighborhood Conservation District R-5 High Density Residential District R-6 Infill Residential District MH Manufactured Home Subdivision District MP Manufactured Home Park District P/I Public and Institutional District C-1 Office Commercial District C-2 Neighborhood Commercial District C-3 Outdoor Commercial District C-4 Special Commercial District C-5 Downtown District CR Commercial/Residential District EN Established Neighborhood District I-1 Light Industrial District I-2 Industrial District I-3 Heavy Industrial District PUD Planned Unit Development District A-I Airport Industrial Mixed Use District

113 Overlay Districts GATE Gateway Corridor Overlay District AH Airport Hazard Overlay District HP Historic Preservation Overlay District FP Floodplain Overlay District Sec Zoning Map. A. The boundaries of zoning districts shall be recorded on the zoning map, which is hereby made a part of these regulations. In case uncertainties arise regarding boundaries on the zoning map, it shall be construed that boundaries are intended to follow the: 1. City limits; 2. Centerlines of roads, streets, alleys or public rights-of-way; 3. Lot lines, parcel boundaries or property lines; 4. Section, half-section or quarter-section lines; 5. Centerlines of the main tracks of railroad lines; 6. Centerlines of creeks, streams, rivers or drainage channels; or 7. Specific distances from a street line or other physical feature, when so indicated on the map. B. The zoning map and all notations, dimensions, references and symbols shown thereon pertaining to the zoning districts shall be as much a part of these regulations as if fully described herein and shall be filed as part of these regulations. The zoning map shall be available for public inspection in the Hutchinson Planning and Development Department, and any later alterations of the zoning map adopted by amendment as provided in these regulations shall be filed and made available for public reference. Any property not specifically classified on the zoning map shall be classified in a timely manner. Sec General Rules Governing All Zoning Districts. Except as hereinafter provided: A. Land shall only be used for the purposes permitted in the district in which it is located. B. Buildings shall be erected, converted, enlarged, reconstructed, moved or structurally altered, and any building or part thereof shall be used according to the regulations of the district in which the building is located. C. Buildings erected, converted, enlarged, reconstructed, moved or structurally altered shall comply with the yard, off-street parking, exterior lighting, height, off-street loading, parcel area, dimensions and other regulations herein established for the district in which the building is located. 2

114 D. If a use in any structure is hereafter changed to another use then the new use shall comply with these regulations. E. Those uses that would otherwise be allowed in a zoning district in an existing building but which cannot meet one or more of the following development standards and conditions shall be permitted with an administrative exception. Exceptions shall be limited to the minimum amount needed to facilitate redevelopment: 1. Landscaping Existing, developed properties that have no room for placement of additional landscaping. 2. Parking Existing, developed properties where the newly proposed use has a lesser or the same parking standard as the former use of the property. 3. Paving Existing, developed properties where the existing parking lot is unpaved shall be allowed to be paved with asphalt millings with slurry seal rather than concrete or asphalt, which is the requirement for new construction. 4. Screening of mechanical equipment Existing, developed properties which have unscreened mechanical equipment shall not be required to screen mechanical equipment. 5. Dumpster screening Existing, developed properties with unscreened dumpsters shall not be required to screen dumpsters as long as the dumpster is not readily visible from the public right-of-way. Sec Uses Permitted by Right, Uses Permitted by Conditional Use Permit, Uses Permitted by Special Use Permit and Uses Not Permitted. In any given zoning district, some land use types are allowed by right, some uses are permitted pursuant to meeting design standards, and some land use types are allowed after a conditional use permit or special use permit is issued. Buildings, structures, land and premises shall be used and buildings and structures shall be hereafter erected in accordance with the use types allowed in each zoning district. Land use types permitted by right, permitted pursuant to meeting design standards, permitted by conditional or special use permit and land use types not permitted in each zoning district are listed in Sec , Table of Land Use Categories, which is made a part of these regulations. Although a land use may be permitted in a specific district, land uses are permitted to locate on a parcel only if they fully comply with all other applicable sections of these regulations. Sec Table of Land Use Categories Explanation. The Table of Land Use Categories found in Sec of these regulations is a listing of uses that may be allowed in each of the zoning districts. Land use types are grouped into specific land use categories in the table. The land use categories are later listed in each of the zoning district sections in lieu of specific use types. If a land use category is listed in a specific zoning district section, this does not mean that every use in that land use category is allowed. One must refer to the specific use types in the table to determine whether or not a particular use is permitted within a specific zoning district. 3

115 The various uses within Sec are classified as: permitted (P); allowed pursuant to meeting established design standards (D); allowed upon approval of a conditional use permit (C); allowed upon approval of a special use permit (S); or not allowed (N). Special use permits are heard and decided by the Board of Zoning Appeals. Conditional use permits are heard by the Planning Commission, who makes a recommendation to the City Council, who in turn makes the final decision. Design standards and those uses listed permitted by right are reviewed administratively by City Staff. The table in Sec D. also lists accessory uses which may be allowed or not allowed in each zoning district. The list of accessory uses can be found at the end of the table. Uses of land not listed in the Table of Land Use Categories are not necessarily excluded. The zoning administrator shall be empowered to make interpretations of land use categorical similarity. 4

116 ` Sec Table of Land Use Categories. A. Use Table - Residential USE CATEGORY TA Specific Use R-1 R-2 HOUSEHOLD LIVING, AS LISTED BELOW: RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-3 R-4 R-5 R-6 MH MP Design Standards C-1 C-3 I-1 I-3 C-R and Use C-5 P/I C-2 C-4 I-2 A-1 E-N Restrictions* RESIDENTIAL Accessory dwelling unit N D D N D N N N N N N N D N See A.1. Compact development / economy home N N N N D D D N N N N N N N See A.2. & A.3. Cottage court N N D D D D N N N N N N N N See A.4. Live/work unit N N N N N N N N S D N N S N See A.5. Manufactured home (residential design) D D D D D D N D S N N N S N See A.6. Manufactured home (certified) N N N N N N D N N N N N N N See A.7. Multi-unit living N N D D D N N D D D N N D D See A.8. Non-ground floor dwelling (loft) N N N N N N N N S D N N N N See A.9. Single-unit living D D D D D D N D S D N N S D See A.10. Two-unit living S S D D D D N D S D N N S N See A.11. CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED S S S D D S N D D S N N S N See A.12. BY FEDERAL LAW: Assisted living S S S D D S N S S D N N S S See A.12. Dormitory, fraternity, sorority S S S D S S N N N D N N S N See A.13. Emergency Shelters D D D D D N N P P P N N P D C See A.14 Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements *Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec A.1. through Sec A.13, the provisions of this Section shall prevail. 5

117 1. Accessory Dwelling Unit (ADU) Design Standards & Use Restrictions One accessory dwelling unit per residential zoning lot is permitted where the following design standards and use restrictions are met. Accessory dwelling units shall: a. ADUs shall be a minimum of 400 square feet and a maximum of 960 square feet and shall not exceed 50% of the size of the principal structure. In the R-3 District, the maximum size may be increased to 1200 square feet, but not more than 50% of the size of the principal structure. b. be permitted only in the side or rear yards. An ADU shall not project into the front yard or into the required side street front yard. c. be separated from adjacent residential properties by a rear yard privacy fence (6 foot tall) accessor y paved parking (3 spaces minimum, principal dwelling Accessory Dwelling Unit. Diagram is for illustrative purposes only. minimum 6-foot privacy fence that meets the requirements of this Article. d. have a minimum of one, paved off-street parking space dedicated for the use of residents of the ADU. This parking space shall be in addition to required parking for the principal dwelling. Those parking spaces with access only from an unpaved alley shall be allowed to be gravel, in accordance with the provisions of Sec C. In the R-6 Zoning District, the parking requirement may be reduced to one per dwelling unit. e. be permitted only on zoning lots where the property owner resides in either the principal dwelling or ADU. f. be constructed of materials typically found in residential construction and compatible with the principal structure. g. have separate kitchen, sleeping, restroom and bathing facilities located within the ADU and not shared with the primary dwelling. h. meet all other setback and coverage requirements of the zoning district. i. meet the requirements of the adopted Hutchinson Residential Building Code. 2. Compact Development Design Standards & Use Restrictions Compact development is permitted on residential zoning lots where the following design standards and use restrictions are met. Compact development shall: a. provide a minimum of 1 paved off-street parking space per dwelling unit. b. be permitted to have access from a private street, as long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per lot. d. provide separate connections to City utilities from each house. Composting toilets are not permitted. 6

118 e. be comprised of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood. 3. Economy Home Design Standards & Use Restrictions One economy home is permitted per residential zoning lot as the principal use where the following design standards and use restrictions are met. Economy homes shall: a. be setback from the front property no farther or closer than the average of the adjacent residential properties. b. be placed on a permanent foundation and be served by City water, sewer and other utilities. Composting toilets and gray water units are not permitted. c. be a minimum of 400 square feet in area and a maximum of 800 square feet in area. Homes larger than 800 square feet shall follow the requirements of Sec A.11., single-unit residential, unless an ADU. d. provide a minimum of 1 paved off-street parking space per unit. e. be composed of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood. 4. Cottage Court Design Standards & Use Restrictions Cottage court residential development is permitted on residential zoning lots where the following design standards and use restrictions are met. Cottage court development shall: a. provide a minimum of 1 paved off-street parking space per dwelling unit. b. be permitted to have access from a private street, so long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per development. 5. Live/Work Unit Design Standards Cottage Court Design. Diagram is for illustrative purposes only. Use Restrictions Live/work unit residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Live/work units shall: a. provide a minimum of 1 paved off-street parking space per dwelling unit in addition to the required parking spaces for the commercial use. b. contain no more than one residential unit per commercial unit. 7

119 c. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson s adopted building and fire codes. d. contain separate cooking, restroom, bathing and sleeping quarters from those provided as part of the commercial use. e. maintain the character of the surrounding neighborhood. 6. Manufactured Home (Residential Design) Design Standards & Use Restrictions Manufactured home (residential design) units shall be permitted on residential zoning lots where the following design standards and use restrictions are met. Manufactured home, residential design units shall: a. be HUD certified with a date no older than June 15, 1976, pursuant to 42 USC b. contain no more than one residential unit per residential zoning lot. c. meet the requirements of Sec d. be placed on a permanent foundation. e. be permitted to have one, paved off-street parking space per unit, if located in the R-6 Infill Residential District. 7. Manufactured Home (Certified) Design Standards & Use Restrictions Mobile homes units shall be permitted on properties where the following design standards and use restrictions are met. Mobile home units shall: a. be HUD certified with a date no older than June 15, 1976, pursuant to 42 USC b. be permitted only as part of an approved mobile home park in accordance with the provisions of of this Article. c. Non-certified manufactured homes shall not be moved into the City s zoning jurisdiction nor from one manufactured home park or subdivision to another. 8. Multi-unit Living Design Standards & Use Restrictions Multi-unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Multi-unit living shall: a. provide a minimum of 1 paved off-street parking space per dwelling unit. In the R-6 District, no more than 50% of the required parking spaces shall be permitted in the front yard. b. provide additional parking and open space, if the development exceeds 10 units, as follows: 1) provide one additional, off-street parking space for each 30 units above 10 to accommodate employee parking. 2) provide a minimum of 200 square feet of outdoor recreational area/open space per dwelling unit unless located within 1500 feet of a public park. The open space requirement may be reduced to 100 square feet per dwelling unit for those units that are equipped with a minimum 100 square foot balcony or patio. 8

120 c. contain a minimum of 3 dwelling units per zoning lot. d. In the R-6 District, a special use permit is required if the number of units exceed Non-ground Floor Dwelling (Loft) Design Standards & Use Restrictions Non-ground floor dwelling (loft) residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Non-ground floor dwelling units shall: a. provide a minimum of 1 paved off-street parking space per dwelling unit in addition to the required parking spaces for the commercial use unless exempted under L. b. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson s adopted building and fire codes. c. contain separate cooking, restroom, bathing and sleeping quarters for each unit. These shall be in addition to any such facilities that are part of the commercial use. d. not detract from the commercial character of the structure nor promote conversion of the commercial structure to a primary residential unit. 10. Single-unit Living Design Standards & Use Restrictions Single-unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Single-unit living shall: a. provide a minimum of 2 paved, off-street parking spaces per dwelling unit. Those units that are economy homes or are located in the R-6 Residential Infill District shall be permitted to have 1 paved off-street parking space per unit. b. have a maximum of one dwelling unit per residential zoning lot unless the property meets the zoning and other requirements for an accessory dwelling unit under Sec A.1. c. Zero lot line development shall comply with Sec d. Single-unit living shall be permitted in the P/I Zoning District as accessory to a primary use. 11. Two-unit Living Design Standards & Use Restrictions Two-unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Two-unit living development shall: a. provide a minimum of 2 paved, off-street parking spaces per dwelling unit, unless located in the R-6 Residential Infill District. b. have separate water, sewer and other utility services for each unit, unless both units are attached to one another and located on the same zoning lot. c. have a maximum of 2 dwelling units per zoning lot. 12. Congregate Living Design Standards & Use Restrictions Congregate living is permitted on residential zoning lots where the following design standards and use restrictions are met. Congregate living shall: 9

121 a. provide a minimum of 0.5 paved, off-street parking spaces per resident. Those developments exceeding 10 residents shall provide one additional parking space for each 30 units above 10 to accommodate employee parking. No more than 50% of the required parking spaces shall be permitted in the front yard if located in a residential zoning district. b. provide outdoor open space/recreational area in accordance with Sec A Dormitory, Fraternity and Sorority Design Standards & Use Restrictions Dormitory, fraternity and sorority developments are permitted on residential zoning lots where the following design standards and use restrictions are met. Dormitory, fraternity and sorority developments shall: a. provide a minimum of 1 paved, off-street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts b. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use. 14. Emergency Shelter Emergency Shelters are permitted on residential zoning lots where the following design standards and use restrictions are met. Emergency shelter developments shall: a. be limited to 10 persons or fewer. b. provide a minimum of 1 paved, off-street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts. c. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use. d. be permitted with design requirements in the P/I Zoning District. If occupancy is greater than 10, a Conditional Use Permit is required. 10

122 ` B. Use Table Commercial RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER TA R-3 MH C-3 I-1 I-3 C-R USE CATEGORY R-1 R-5 R-6 C-1 C-2 C-5 P/I R-4 MP C-4 I-2 A-I E-N Design Standards & Specific Use R-2 Use Restrictions 1 COMMERCIAL ADULT ENTERTAINMENT N N N N N N N S N S S N N See B.1. ANIMAL SERVICES, EXCEPT AS See & H H N H N P P P P N N P N LISTED BELOW: Ch 7 of this Code Boarding / Shelter / Veterinary Services and Animal Hospitals D N N N N N N D N N N N D See B.2. Stables D N N N N N N N N N N N N See B.3. EATING & DRINKING ESTABLISHMENTS, EXCEPT AS N N D D N P P P P N D D D See B.4. BELOW: Bar/Tavern N N N N N N N P P N N N P See Ch 18, Alcoholic Liquors & Beverages Class A Club N S S S N P P P P P P D P See B.5. Drive-In/Thru restaurant N N N N N N N D D N N D N See B.6. Mobile vendor park N N N N N D D D D D D D D See B.7. MEDICAL CARE, INCLUDING OFFICE, EXCEPT AS BELOW: N N N N N P P P P N N P P Extended care facility N N D N N P P P D N N P P Hospital N N N N N N N P D N N P P See B.8. OFFICE, GENERAL N N N N N D D P P D D P P See B.9. PARKING FACILITIES: Accessory P P P P P P P P P P P P P See E. & See Principal use N N N N N P P P P P P P P Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 11

123 USE CATEGORY Specific Use PUBLIC, INSTITUTIONAL & CIVIC FACILITIES, EXCEPT AS BELOW: TA R-1 R-2 R-3 R-4 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-5 R-6 MH MP C-1 C-2 COMMERCIAL (CONT D) C-3 C-4 C-5 I-1 I-2 I-3 A-I C-R E-N P/I Design Standards & Use Restrictions 1 D D D D D P P P P P P P P See B.10. Cemetery D N N N N N N D N N N N D See B.11. Cremation D N N N N N D D N N N N D See B.12. Child or adult day care center / Day care home (not owner occupied only) S S S S N D D D D D D D D See B.13. & Day care home (owner occupied only) H H H H H H H H H N N H N See Detention center N N N N N N N C N N C N C See B.14. Large-scale assembly (>20,000 SF) S S S S N D D D D N N S D See B.15. RECREATIONAL & ENTERTAINMENT FACILITIES, AS LISTED BELOW: Passive recreation and small-scale active recreation (< 1 acre) Active recreation (1+ acres) and athletic fields D D D D D P P P P P P P P See B.16. D D D D D D D D D N N D P See B.17. Stadiums N N N N N N D D D N N D D See B.18. Commercial recreation and entertainment, including movie theatres, drive-in theatres and motorized recreation N N N N N N D D D D D D D See B.19. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 12

124 USE CATEGORY Specific Use TA R-1 R-2 R-3 R-4 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-5 R-6 MH MP C-1 C-2 COMMERCIAL (CONT D) REPAIR, EXCEPT VEHICLE REPAIR: H H H H N D D D D D D D D RETAIL RENTAL & SALES: C-3 C-4 C-5 I-1 I-2 I-3 A-I C-R E-N P/I Design Standards & Use Restrictions 1 See B Ammunition / Firearms / Gunsmiths N H H H N N N D D N N N N See B.21. Large (> 18,000 SF) N N N N N N N D D N N N N See Medium ( ,000 SF) N N N N N N N P P N N P N Outdoor retail sales N N N N N D D D D N N D N See B.22. Small (up to 3000 SF) N N N D N P P P P D D P D See B.23. TRANSIENT ACCOMMODATIONS Bed & breakfast D D D D N D D D D N N D N See B.24. Recreational Vehicle Park N N N N N N N C N C N N N See Hotel, Motel, Extended Stay N N D N N D D P P N N D N See B.25. SERVICES (PERSONAL), EXCEPT AS BELOW: H H H H H P P P P D D P D Dry cleaner N N N N N N P P P N N P N See B.26. STORAGE, SELF-SERVICE N N N N N N D D N D D D N See B.27. UTILITIES, EXCEPT AS BELOW: P P P P P P P P P P P P P Wind Energy Conversion Systems * * * * * * * * * * * * * *See Wireless Communication Facilities (Public ROW) D D D D D D D D D D D D D See B.28. Wireless Communication Facilities (Private ** ** ** ** ** ** ** ** ** ** ** ** ** **See property) Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 13

125 USE CATEGORY Specific Use VEHICLE SALES, SERVICE AND STORAGE, EXCEPT AS NOTED BELOW: TA R-1 R-2 R-3 R-4 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-5 R-6 MH MP C-1 C-2 COMMERCIAL (CONT D) C-3 C-4 C-5 I-1 I-2 I-3 A-I C-R E-N N N N N N P P P P N N P N P/I Design Standards & Use Restrictions Boat / RV storage N N N N N N N D N D D N N See B.29. Car wash, light-medium duty vehicles N N N N N D D D D D D D D See J. Fueling station N N N N N N D D D D D D D See Inoperable vehicle storage, accessory use N N N N N N N D D D D D D See B.31. Motor vehicle repair (light- medium) N N N N N N N S S S S S D See B.32. Truck stop N N N N N N N D N D D N N See B.33. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 14

126 1. Adult Entertainment Design Standards & Use Restrictions Adult entertainment uses shall be permitted in the zoning districts noted in Table B., pursuant to meeting the required design and use criteria below: a. No adult entertainment use may be located within 1000 feet of another adult entertainment use, regardless of whether such use is located in the same facility or separated facilities. b. No adult entertainment use shall be located within 1000 feet of any residential zoning district. c. No adult entertainment use shall be located within 1000 feet of any bar or tavern. d. No adult entertainment use shall be located within 1000 feet of an existing church, place of worship, child care center or educational institution. e. Measurements shall be made from the nearest point of the property line to the nearest point of property line along a straight line. f. No adult entertainment use shall have merchandise or activities visible from any point outside of the structure/building containing the use. g. No adult entertainment use shall have any material, including signage, that depicts, describes or relates to sexual activities visible from any point outside of the building/structure containing the adult entertainment use. 2. Animal Services: Boarding, Shelter, Veterinary Services and Animal Hospitals Design Standards & Use Restrictions Animal boarding, shelter, veterinary services and hospitals shall be permitted as indicated in Table B., pursuant to meeting the following requirements: a. All commercial or public animal boarding, sheltering, veterinary services and animal hospitals shall be conducted within a completely enclosed, soundproofed and air-conditioned building. b. Household pets, including cats and dogs, may be exercised in a designated and fenced area outside the building with an attendant present. c. All outdoor runs or exercises areas shall be hard surfaced or grass. d. In the TA District, facilities for boarding and sheltering shall be located not less than 100 feet from any property line and 150 feet from any residential (not TA) zoning District. The minimum property size shall be 5 acres. See Sec J. e. Animal boarding, sheltering, veterinary services and animal hospitals shall not be permitted in the R-1 and R-2 Zoning Districts. 3. Animal Services: Stables, Design Standards & Use Restrictions Animal stables shall be permitted as indicated in Table B., pursuant to meeting the following requirements: a. Stables shall be allowed in the TA District only and shall be located not less than 100 feet from any property line and 150 feet from a residential (not TA) district. The minimum property size shall be 5 acres. See Sec J.2-3. b. In the TA District, public and private riding academies shall be permitted, provided the property is a minimum of 10 acres in size. c. Stables shall not be allowed in the R-1 or R-2 Zoning Districts. 15

127 4. Eating and Drinking Establishments (General) Design Standards & Use Restrictions Eating and drinking standards (general) shall be permitted as indicated in Table B., pursuant to meeting the following requirements: a. Such establishments shall be permitted as accessory uses only in the R-5, A-I and P/I Zoning Districts. b. Eating and drinking establishments (general) located in the R-6 and EN District shall be permitted on corner lots where there is sufficient off-street parking located at the side or rear of the building to meet the requirements of Sec of this Chapter. c. Outdoor dining shall not be permitted in the R-6 or EN Zoning Districts. 5. Class A Club Design Standards & Use Restrictions Class A Clubs shall be permitted as indicated in Table B., pursuant to meeting the following requirements: a. Class A Clubs shall be permitted as indicated in Table B., except that such establishments shall not be permitted in the R-3 Zoning District. b. Class A Clubs located in the R-6 and EN District shall be permitted on corner lots where there is sufficient off-street parking located at the side or rear of the building to meet the requirements of Sec of this Chapter. c. Outdoor dining shall not be permitted in the R-6 or EN Zoning Districts. 6. Eating and Drinking Establishments (Drive-thru) Design Standards & Use Restrictions Eating and drinking establishments (drive-thru) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Order boxes and stacking drives shall not be located in the front or side street front yard. b. The nearest point of the drive-thru operation, including the drive-thru lane, menu board and service windows, shall be at least 50 feet from the boundary of an adjacent residential zoning district unless separated by an alley or soundproofing wall. c. If located in the C-5, Downtown District, the maximum building setback shall be 10 feet. 7. Mobile Vendor Parks Design Standards & Use Restrictions Mobile vendor parks shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Mobile vendor parks shall be permitted to operate on private property (with consent of the property owner) for a maximum period of 120 days on a given property. b. Each mobile vendor shall be separated from other mobile vendors by a minimum distance of 25 feet. 16

128 c. Signs advertising individual mobile vendors shall be physically attached to the food truck from which they operate. d. All food and drinks shall be distributed from a mobile vendor truck and not from freestanding tents or tables. e. Mobile vendor parks shall be located a minimum of 150 feet from any residential zoning district. f. Mobile vendor parks shall be located a minimum of 150 feet from an existing restaurant, as measured from the property line. g. Mobile vendor parks shall not occupy required off-street parking areas nor obstruct required drive aisles or fire lanes. h. Mobile vendor parks shall be required to obtain a permit from the Zoning Administrator prior to the commencement of operations. Said permit application shall be accompanied by a site plan showing the layout of the park, serving areas, parking areas, pedestrian access areas, drive aisles and seating areas. i. All mobile vendors shall have utility hookups that are approved by the Chief Building Official. j. It shall be the responsibility of the mobile vendor park manager to ensure all mobile vendors possess: k. Current driver s license and current motor vehicle registration; l. Proof of liability insurance coverage; m. Proof of current food establishment inspection from the Kansas Department of Agriculture; n. Proof of valid sales use tax registration of tax exempt identification. o. Mobile vendor parks shall require site plan approval from the City of Hutchinson. Individual vendors shall not require a temporary use permit, provided the above provisions are met. p. No overnight parking of mobile vendor vehicles shall be allowed. q. The foregoing shall not apply to special events sponsored by the City of Hutchinson. 8. Extended Care Facility and Hospital Design Standards & Use Restrictions Extended care facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Visiting hours for extended care facilities located in the R-5 District shall be restricted to the hours from 6 AM to 9 PM. b. Extended care facilities shall be located no closer than 100 feet to schools, churches and parks. c. Ambulance entrances shall be located no closer than 300 feet to an adjacent residential use. d. Helipads shall be allowed for hospital uses only. Helipads shall be located a minimum of 300 feet from adjacent residential uses or zoning. 17

129 9. Office Design Standards & Use Restrictions Offices shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. In the I-1, I-2, I-3 and A-I Districts, offices shall be permitted as accessory uses only. b. In the C-1 and C-2 zoning districts, office buildings shall not exceed 3000 square feet gross floor area. 10. Public, Institutional & Civic Facilities (General) Design Standards & Use Restrictions Public, institutional and civic facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood. b. Outdoor storage of materials and equipment shall be limited to those public, institutional and civic uses located in the industrial and airport zoning districts. Said storage areas shall be screened in accordance with Sec C.12. c. Those uses that involve heavy equipment and machinery shall comply with the provisions of Sec Cemetery Design Standards & Use Restrictions Cemeteries shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. The property shall consist of not less than 5 acres of land in a single tract or parcel not intersected or divided by any street, alley or property belonging to any other owners. b. The property shall have at least a 500-foot frontage on an arterial or collector roadway, unless the property contains only a columbarium or mausoleum and not in-ground internment. c. The entrance and exit shall be directly to and from an arterial or collector roadway. d. d. The property shall have a wall or fence at least 4 feet in height along the perimeter of the cemetery use. 12. Cremation Design Standards & Use Restrictions Cremation shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Cremation shall be permitted only as an accessory use to a cemetery, columbarium, funeral home or mausoleum. 18

130 13. Child or Adult Day Care Center / Day Care Home (Not Owner Occupied) Design Standards & Use Restrictions Child or Adult Day care centers and Day care homes (licensed group) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Child day care center uses shall be screened from adjacent residential uses by a 6-foot privacy fence in locations where said fencing is allowed. b. Day care center uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure. c. Premises shall meet the requirements of Kansas Statute and the City of Hutchinson s adopted building and fire codes. d. Child day care center uses shall be permitted as an accessory use in all nonresidential zones where child day care centers are allowed. 14. Detention Center Design Standards & Use Restrictions Detention centers shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Detention centers shall be permitted as an accessory use to law enforcement centers only for those facilities located in the C-3 and C-4 Zoning Districts and shall not comprise more than 50 percent of the facility. b. Detention centers shall be permitted as a principal use in the P/I and I-3 districts only, pursuant to meeting the following criteria: 1) Detention centers shall be located a minimum distance of 1,000 feet from a residential zoning district unless separated by said district by an arterial roadway or state highway. 2) Minimum property size shall be 10 acres. 3) Buildings and exercise yards shall be setback a minimum of 30 feet from property lines. 15. Large Scale Assembly (>20,000 SF) Design Standards & Use Restrictions Large scale assembly uses shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood and shall be a minimum of 15 feet from property lines. b. Setbacks for structures shall be a minimum of 25 feet from the property line when located in residential zones. 16. Passive Recreation and Small-scale Active Recreation (< 1 acre) Design Standards & Use Restrictions Passive recreation and small-scale active recreation (< 1 acre) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: 19

131 a. In residential zoning districts, uses shall be limited to parks, trails, picnic areas and playgrounds. b. Lighting shall be limited to low-level, path lighting in the residential zoning districts. c. Commercial facilities shall not be permitted in residential zoning districts. 17. Active Recreation (1+ acres) and Athletic Fields Design Standards & Use Restrictions Active recreation (1+ acres) and athletic fields shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. In residential zoning districts, uses shall be separated from adjacent residential properties by a six-foot screening fence. b. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. c. Parking lot and facility lighting shall be permitted in all districts except residential districts, where low-level path lighting shall be allowed. d. Lighting shall not exceed the maximum lighting requirements allowed by Sec and shall be no taller than 75 feet. Lighting taller than 75 feet shall require special use permit approval by the Board of Zoning Appeals. e. Concession stands and permanent restroom facilities shall be permitted as accessory uses except in those areas located in residential zoning districts. Said facilities shall be setback a minimum of 10 feet from property lines. f. Portable restroom facilities shall be located a minimum of 50 feet from property lines. g. In residential zoning districts (other than TA), the maximum facility size shall be limited to three acres. h. Bleachers shall be permitted, provided that the maximum capacity shall be 100 per field in residential districts and 400 per field in other districts. Fields with capacities exceeding these amounts shall be classified as stadiums. 18. Stadiums Design Standards & Use Restrictions Stadiums are permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Lighting shall meet the illumination requirements of Sec b. Light standards shall have a maximum light standard height of 75 feet, unless Special Use Permit approval is obtained c. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. d. Concession stands and permanent restroom facilities shall be setback a minimum of 10 feet from property lines. e. A six-foot screening fence shall be required to separate the use from adjacent residential uses or zoning districts. This requirement can be waived in cases where a public street separates the uses/districts. 20

132 19. Commercial Entertainment, including Movie Theatres and Drive-In Theatres and Motorized Recreation Standards & Use Restrictions Commercial recreation and entertainment, including movie theatres, drive-in theatres and motorized recreation are permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Facilities in the C-2 District shall be limited to no more than 5000 square feet. b. Drive-in theatres shall: 1) be permitted only in the C-4, I-1, I-2 and I-3 Zoning Districts. 2) have screens no taller than 40 feet and shall be located a minimum of 1,000 feet from any residential use or zoning district. Screens shall be oriented away from adjacent roadways to the greatest extent possible. 3) have paved (concrete, asphalt) driveways and drive aisles. Parking pads shall be permitted to be gravel. 4) have in-vehicle sound systems only. Exterior speakers shall not be permitted. c. Motorized recreation, including radio-controlled devices, shall be setback a minimum of 300 feet from adjacent residential zones or uses. d. Drone parks shall be permitted only in industrial zoning districts (I-1, I-2 and I- 3) and the P/I zoning district outside of the City s restricted airspace area. 20. Repair, Except Vehicle Repair Standards & Use Restrictions Repair, except vehicle repair, is permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Outdoor storage of repaired items or items to be repaired shall be prohibited. b. In the industrial and airport zoning districts, sales shall be an accessory and incidental use and shall consist primarily of repaired items. c. In the C-1 and C-2 zoning districts, repair services shall be limited to buildings containing 3000 square feet gross floor area or less. 21. Ammunition and Firearms Sales Design Standards & Use Restrictions Ammunition and firearms sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. All state and federal permits shall be obtained. b. In the residential zoning districts, gunsmithing shall be permitted as a Home Occupation. Sales of ammunition shall be prohibited. Internet sales of firearms shall be permitted. 22. Outdoor Retail Sales Design Standards & Use Restrictions Outdoor retail sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Outdoor retail sales display areas shall be located outside of required drive aisles, fire lanes and required parking spaces. b. Outdoor retail sales shall be located outside of the required setback area, and shall be located not closer than 20 feet to any property or right-of-way line, whichever is greater, unless located in the C-5 Zoning District. 21

133 c. Outdoor retail sales shall not obstruct any means of ingress or egress to the building. 23. Small (<3000 SF) Retail Sales Design Standards & Use Restrictions Small (<3000 SF) retail sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. In the R-6 Zoning District: 1) small retail sales shall be permitted in only in an existing building on a corner lot that has sufficient off-street parking to meet the standards of Sec Parking shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood unless parking is already located in the front. 2) Exterior illuminated signage and exterior lighting shall be prohibited. 3) Only wall or projecting signage shall be permitted. The maximum size for wall signage shall be 20% of the building face. The maximum size for projecting signage shall be 20 square feet. b. Small retail sales shall be permitted as an accessory use only in the industrial and airport zoning districts. 24. Bed & Breakfast Design Standards & Use Restrictions Bed & breakfasts shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. The establishment shall be operated by the owner of the dwelling unit, who shall live on the property. b. The minimum floor area shall be 2500 square feet. c. The maximum number of guest rooms shall be 3. Bed and breakfasts with more than 3 units are considered bed and breakfast inns and shall comply with the requirements in Sec B.24.h. d. Food service shall be provided for resident guests only, unless located in a commercial zoning district. e. Bed & breakfast facilities located in residential zoning districts shall not offer rooms or space for receptions, parties, meetings or other similar events, which are open to non-resident guests. f. Signage shall meet the requirements for Home Occupations. g. Parking in residential zoning districts shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood. h. Bed and breakfast inns. Bed and breakfast establishments with 4 or more guest rooms are considered bed and breakfast inns. The following standards shall apply: 1) A bed and breakfast inn shall have a full-time resident manager or owner on the site and shall be licensed by the State of Kansas to do business. 2) A bed and breakfast inn shall only be permitted on properties located adjacent to arterial or collector roadways. 22

134 25. Hotel, Motel and Extended Stay Design Standards & Use Restrictions Hotel, motel and extended stay facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Hotel, motel and extended stay facilities located in the R-5, C-1, C-2, C-R and EN Districts shall be limited to two stories and 20 rooms. b. In the R-5, C-1, C-2, C-R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted. 26. Personal Services Design Standards & Use Restrictions Personal services shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Personal services shall be permitted pursuant to obtaining a Home Occupation Permit in the Residential Zoning Districts. See Sec for prohibitions. b. In the R-5, C-1, C-2, C-R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted. c. Personal services shall be permitted as an accessory use only in the industrial and airport zoning districts. d. In the R-5, C-1 and C-2 zones, personal convenience services shall be limited to 3000 square feet gross floor area and no external automated teller machines or drive-through windows shall be allowed. 27. Storage, Self-Service Design Standards & Use Restrictions Storage, self-service shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Unit doors shall not face the street or be visible from the public right-of-way unless separated from the right-of-way by a landscaped berm or screening fence. b. Storage unit doors shall be setback from adjacent residential districts by a minimum distance of 50 feet unless screened with berms, landscaping or fencing. c. Storage unit spaces shall not be used for retail, wholesale, office or service uses. Nor shall they be used for workshops, hobby shops, manufacturing, car repair or similar uses. Human occupancy shall not be permitted. d. Fencing shall not include barbed wire or razor wire, except in industrial zoning districts, including A-I. Said fencing shall be permitted in areas not adjacent to the public right-of-way or a residential zoning district. e. In commercial zoning districts, including C-R and EN, up to 25 percent of the site may be used for outdoor storage of operational recreational vehicles and watercraft. Such storage areas shall not be located directly adjacent to any public right-of-way or residential zoning district and shall be screened in accordance with Sec E. f. In industrial zoning districts, including A-I, up to 50 percent of the site may be used for the storage of operational vehicles, commercial vehicles and watercraft. Such storage areas shall not be located directly adjacent to any 23

135 public right-of-way or residential zoning district and shall be screened in accordance with Sec E. 28. Wireless Communication Facilities (Public Right-of-Way) Design Standards & Use Restrictions Wireless communication facilities (public right-of-way) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Wireless communications facilities located in the public right-of-way shall be exempt from zoning and shall be no taller than 40 feet in height. b. Wireless communications facilities located in the public right-of-way shall submit an application to the City of Hutchinson Planning & Development Department for review and comment by the City Engineer, Director of Public Works, Assistant City Manager and Chief Building. c. Those wireless communications facilities located in the public right-of-way that are in or adjacent to a property listed on the local, state or national register shall be reviewed for compliance with the Secretary of the Interior s Standards for Rehabilitation and the City of Hutchinson s Preservation Ordinance. 29. Boat/RV Storage Design Standards & Use Restrictions Boat/RV Storage shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Storage areas shall be located a minimum of 25 feet from the front property line, unless within an enclosed building. b. Storage areas shall be screened from the public right-of-way and from adjacent residential zoning districts by a solid, 6-foot tall fence. c. See Section B.27. for Boat/RV Storage as an accessory use to selfservice storage. d. Storage shall be on asphalt or concrete in commercial zones. Industrial zones shall be permitted to have storage on a graveled, dust-free surface. 30. Fueling Station Standards & Use Restrictions Fueling stations shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Pumps shall be setback a minimum of 35 feet from the front property line. b. Fuel canopies shall meet the minimum setbacks of the zoning district. 31. Inoperable Vehicle Storage (Accessory Use) Design Standards & Use Restrictions Inoperable vehicle storage (accessory use) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Inoperable vehicle storage areas (accessory use) shall be permitted as an accessory use to legally permitted auto repair uses. b. All inoperable vehicle storage areas (accessory use) shall be located a minimum of 25 feet from any residential zoning district. 24

136 c. No more than six inoperable vehicles or 10% of the lot coverage, whichever is less, shall be stored on the premises at any given time. d. All stored inoperable vehicles shall be screened from view of the public with a minimum 6-foot fence, as provided for in A. e. Accessory inoperable vehicle storage areas legally established prior to adoption of this article, shall have one year from the date of adoption to comply with the setback, number and screening requirements of b-d above. Any inoperable vehicle (accessory) storage areas not in compliance with this article within the one-year timeframe shall have their legal nonconforming status, if any, revoked. The following regulations shall apply: 1) The Director of Planning and Development or designee shall notify the property owner in writing of any deficiencies that exist. Said notice shall include a photo of the property, determination of needed corrections and a deadline for repair. 2) Those properties not corrected within 365 days of adoption of these regulations shall be deemed in violation and appropriate enforcement measures will commence. 32. Motor Vehicle Repair (Light-Medium) Design Standards & Use Restrictions Motor vehicle repair (light-medium) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements: a. Motor vehicle repair (light-medium) shall include repair of all vehicles not classified has commercial vehicles, buses or large trucks by B, as well as repair of outboard boat motors, riding lawn mowers and other engine repair. b. All vehicle repair shall be conducted entirely within an enclosed building. c. Outdoor storage of parts and tires shall be prohibited. d. Outdoor storage of inoperable vehicles shall comply with B Truck Stop Design Standards & Use Restrictions Truck stops shall be permitted in the zoning districts noted in Table B., pursuant to meeting the required design and use criteria below: a. In commercial zoning districts, the following shall be prohibited: 1) Vehicle repair of commercial trucks. b. Fuel pumps shall be located a minimum of 40 feet from the public ROW, as well as from adjacent property lines. c. Fuel pumps shall be located a minimum of 50 feet from adjacent residential property lines or uses. d. Overnight parking shall be setback a minimum of 300 feet from adjacent residential property lines or uses. 25

137 ` C. Use Table Industrial & Other USE CATEGORY Specific Use AGRICULTURAL USES, EXCEPT AS BELOW: Agricultural chemical manufacture or storage / Agricultural product processing or storage TA R-1 R-2 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-3 R-4 R-5 R-6 MH MP C-1 C-2 C-3 C-4 INDUSTRIAL AND OTHER USES C-5 I-1 I-2 I-3 A-I C- R E- N P/I Design Standards & Use Restrictions 1 D D D D D D D D D D D D D See C.1. N N N N N N N N N D D N N See C.2. Community gardens D D D D D D D D D D D D D See C.3. Agricultural equipment sales and service Agricultural sales, including onsite product sales N N N N N N N D N D D N N See C.4. D D D D D N N N N N N Feedlots N N N N N N N N N N N N N RESEARCH AND DEVELOPMENT CONTRACTORS, AS DENOTED BELOW: N N N N N N N N N D P N C Offices H H H H H D D D D P P D D Storage yards N N N N N N N D N D D D D Wholesale sales N N N N N N N N N D D N N HAZARDOUS MATERIALS MANUFACTURING / STORAGE N N N N N N N N N N C N N N D N See C.5. See C.6. See See C.7. See See C.8. See LANDFILL C C C C C C C C C C C C C See C.10. MANUFACTURING: Artisanal N N N N N N N D D D D D N See C.9.a. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail.

138 USE CATEGORY Specific Use TA R-1 R-2 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-3 R-4 R-5 R-6 MH MP C-1 C-2 INDUSTRIAL AND OTHER USES Light N N N N N N N N N D D N N Heavy N N N N N N N N N N D N N C-3 C-4 C-5 I-1 I-2 I-3 A-I C-R E-N P/I Design Standards & Use Restrictions 1 See C.9.b. See See C.9.c. See MINING / EXTRACTION C C C C C C C C C C C C C See C.10. Oil/Natural Gas N N N N N N N N N N N N N REPAIR (AIRCRAFT, RAILCAR & HEAVY VEHICLE) SALVAGE YARDS, INCLUDING AUTO SALVAGE STORAGE AND WAREHOUSES, EXCEPT SELF-SERVICE, AND AS LISTED BELOW: N N N N N N N N N N S N N See C.11. N N N N N N N N N N C N N See N N N N N N N D N D D N N See C.12. Outdoor storage (accessory) N N N N N N N N N D D N N See C.13. TRANSPORTATION* Multi-modal transfer station N N N N N N N N N N S N N Railyard N N N N N N N N N N S N N Motor Freight Terminal N N N N N N N N N S P N N *Refer to the A/I Airport Industrial Zoning District for specific regulations pertaining to the airport and related uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 27

139 1. Agricultural Uses (General) Design Standards & Use Restrictions Agricultural uses (general) shall be permitted as indicated in Table C., pursuant to meeting the following requirements: a. Farming and keeping of farm animals, as an established, legal nonconforming use, shall be permitted in all zoning districts. b. Keeping of domestic farm animals, where permitted, shall be limited to those quantities as specified in and of these regulations. c. See of these regulations for agricultural exemptions. 2. Agricultural Chemical Manufacture or Storage / Agricultural Product Processing or Storage Design Standards & Use Restrictions Agricultural chemical manufacture or storage / Agricultural product processing shall be permitted as indicated in Table C., pursuant to meeting the following requirements: a. Agricultural chemical manufacture or storage. 1) Chemical manufacture and storage shall be conducted entirely within an enclosed building. 2) Buildings used for chemical manufacture or storage shall be setback a minimum of 30 feet from property lines. b. Agricultural product processing or storage. 1) Animal slaughtering, processing and packaging shall be restricted to the I- 3 Zoning District only and shall comply with the following: a) Storage of animals, animal products or byproducts, including hides, bones, tallow, etc., shall be conducted entirely within a fully enclosed building. b) All slaughtering and processing of animals shall occur within an enclosed building. 2) Outdoor storage of grain and other vegetable products shall comply with the requirements of the State of Kansas. 3. Community Gardens Design Standards & Use Restrictions Community gardens shall be permitted as indicated in Table C., pursuant to meeting the following requirements: a. Signage shall comply with the regulations for the underlying zoning district. b. Following discontinuance of a community garden use, the property shall be seeded with native grasses or turf and shall be maintained. All sheds, bed fencing, posts and other accessory materials and signs shall be removed within 180 days of discontinuance. c. Sheds for storage of implements and equipment shall be permitted. d. Onsite sales of produce shall comply with the provisions of F.3. 28

140 4. Agricultural Equipment Sales and Service Design Standards & Use Restrictions Agricultural equipment sales and service uses shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Equipment on display for sale shall not overhang the public right-of-way. b. All equipment offered for sale shall be in working condition. Sale or outdoor storage of inoperable equipment is prohibited. 5. Agricultural Sales, including Onsite Product Sales, Design Standards & Use Restrictions Agricultural sales, including onsite product sales, shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Temporary sales facilities shall be permitted in accordance with the requirements of F.3. b. Permanent sales facilities shall meet the off-street parking and paving requirements for retail sales except that, in the TA Zoning District, surfacing materials shall be approved by the Director of Engineering. c. Permanent agricultural sales shall not be permitted in the R-1 or R-2 Zoning Districts. 6. Research and Development Design Standards & Use Restrictions Research and development shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted in I-1 and I-2 districts. b. Research and development using hazardous or explosive materials, or products derived from hazardous or explosive materials, shall not be permitted in the I-1 and I-2 districts. c. Outdoor equipment storage shall be permitted pursuant to the provisions of C Contractors Offices, Contractors Storage Yards & Contractors Wholesale Sales Standards & Use Restrictions Contractors offices, contractors storage yards and contractors wholesale sales shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Contractors offices only shall be permitted in the residential zoning districts noted pursuant to obtaining a Home Occupation Permit. No outdoor storage of materials, goods or equipment. Trailers may be parked in the rear yard, provided a 6-foot screening fence is installed. See for additional requirements. 29

141 b. Contractors offices shall be permitted in Commercial, CR and EN zoning districts noted pursuant to meeting the following design standards: 1) Outdoor storage of materials, goods, equipment or trailers shall be limited to those districts allowed by Table C. 2) Outdoor storage areas shall meet the requirements of C.12 c. Contractors offices shall be permitted in Industrial, P/I and EN zoning districts, as noted, pursuant to meeting the standards below: 1) Outdoor storage shall comply with C.12. d. Contractors wholesale sales shall comply with requirements of C Hazardous or Explosive Materials Manufacturing / Storage Design Standards & Use Restrictions Hazardous or explosive materials manufacturing / storage shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. All facilities, whether for storage or manufacturing, shall be located a minimum of 50 feet from property lines and 300 feet from any residential use or zoning district, any school, hospital, church or other place of public assembly. b. Outdoor storage of hazardous or explosive materials shall be prohibited. c. Outdoor equipment storage shall comply with the provisions of C a. 9.b. 9.c. Artisanal manufacturing Design Standards & Use Restrictions Artisanal manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted. b. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. c. The gross floor area for an artisanal use shall not exceed 5000 square feet. Light Manufacturing Design Standards & Use Restrictions Light manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted. b. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. c. Outdoor equipment storage shall be permitted pursuant to the provisions of C.12. Heavy Manufacturing Design Standards & Use Restrictions Heavy manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor materials, supplies, goods and equipment storage yards shall be meet the requirements of C

142 10. Mining / Extraction Standards & Use Restrictions Mining and extraction shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. No new surface extraction shall be permitted. b. Subsurface extraction (mining) shall comply with the requirements of the Kansas Department of Health and Environment. c. High pressure liquid injection (fracking) shall not be permitted. 11. Repair (Aircraft, Railcar & Heavy Vehicle) Standards & Use Restrictions Repair (aircraft, railcar and heavy vehicle) shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Repair activities shall be conducted entirely within an enclosed building. b. Vehicles, aircraft and railcars awaiting repair shall be permitted to be stored outside on a paved or graveled surface (or on rails), provided said area meets the requirements of C.12.d.-f. c. Salvage operations shall not be permitted unless the appropriate State and City approvals are obtained. 12. Storage and Warehouses, Except Self-Service Design Standards & Use Restrictions Storage and warehouses, except self-service, shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Storage buildings and warehouses shall be located a minimum of 10 feet from property lines. b. Storage and warehouses, as a primary use, shall be conducted entirely indoors. 13. Outdoor Storage (Accessory) Standards & Use Restrictions Outdoor storage shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of goods, materials, equipment and supplies shall be permitted as an accessory use only. b. Outdoor storage yards shall not exceed 75% of the total property area associated with the use. c. Outdoor storage yards shall be screened from the public right-of-way and adjacent residential uses/districts by a six-foot screening fence. d. Outdoor storage of equipment, materials and supplies shall be on a dust free surface, to include gravel, asphalt millings with slurry seal or other, similar surface. e. Outdoor storage areas shall be located in the rear or side yards only and storage shall meet the setback requirements for buildings in the underlying zoning district. 31

143 ` D. Use Table Accessory Uses USE CATEGORY Accessory Structures (Decks, patios, pergolas, gazebos, non-commercial greenhouses, detached garages, sheds, carports and similar structures) TA R-1 R-2 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-3 R-4 R-5 R-6 MH MP C-1 C-2 ACCESSORY USES C-3 C-4 C-5 I-1 I-2 I-3 A-I C- R E- N P/I Design Standards & Use Restrictions 1 D D D D D D D D D D D D D See Sec Collection bins, free-standing N N N N N D D D D D D D D See D.1. Fuel storage tanks; fuel storage and dispensing (non-commercial) Grain storage bins and grain silos D N N D N N N N N N N N N N D D N D See D.2. N N N N N N N N D D N N See D.3. Home occupation D D D D D D D D D D D D D See Multi-modal shipping containers / portable storage containers Offices N N N N N N N D N P P D P P H H H H H H P P P P P P P P Propane tanks for household utility fuel P P P P P P P P P P P P P See Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail.

144 USE CATEGORY Storage of farm materials, products and equipment TA R-1 R-2 P N N RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R-3 R-4 R-5 R-6 MH MP C-1 C-2 ACCESSORY USES C-3 C-4 C-5 I-1 I-2 I-3 A-I C-R E-N P/I Design Standards & Use Restrictions 1 N N N N N N N N P P N N Except R-2. Swimming Pool, Private P P P P P P P P N N N P P Large Truck or Trailer Parking N N N N N N N D N D D N N See Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 33

145 D. Use Table Accessory Uses 1. Collection bins, freestanding Design Standards & Use Restrictions Collection bins, freestanding shall be permitted as indicated in Table D., pursuant to meeting the following requirements: a. Bins larger than 64 cubic foot shall not be located in the front yard setback area. b. Bins that are intended to be accessible by a vehicle shall be placed on a paved surface. c. Bins shall not block required driveways, drive aisles or parking spaces. 2. Fuel storage tanks; fuel storage and dispensing (non-commercial) Design Standards & Use Restrictions Fuel storage tanks; fuel storage and dispensing (non-commercial) shall be permitted as indicated in Table D., pursuant to meeting the following requirements: a. Fuel storage tanks shall be located in the rear or side yards only and shall be setback a minimum of 20 feet from all property lines. b. Vehicular access to fuel storage and dispensing tanks shall be via a dust-free, all-weather surface approved by the City Engineer. c. Fuel storage tanks as a primary use shall not be permitted in the TA, R-1 or R- 2 zoning districts. 3. Grain storage bins and grain silos Design Standards & Use Restrictions Grain storage bins and grain silos shall be permitted as indicated in Table D., pursuant to meeting the following requirements: a. Grain storage bins and grain silos not be located in the front yard setback area. b. Facilities shall meet the requirements of the Kansas Department of Health and Environment. Sec TA Transitional Agricultural Rural District. A. Intent. The intent of the TA Transitional Agricultural Rural District is to preserve and protect agricultural uses, open space and natural resource areas. The type and intensity of land uses authorized in this district are designed to accommodate agricultural operations on substantial acreage. Intense urban uses are premature and undesirable in this district due to the lack of infrastructure such as water, sewer and paved streets. This district provides for similar standards of residential, commercial and industrial development as required in other districts. In the TA 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 use types permitted in the TA District by right, pursuant to meeting established design standards, by conditional use permit 34

146 or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Acres) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street NA 1 The minimum setback shall be the greater of 40 feet from the property line or road right-of-way line or 73 feet from the centerline of a county road. 30 th Avenue Corridor C. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Private stables and facilities for housing animals and fowl for commercial purposes on at least 10 acres are allowed, provided that all buildings shall be no closer than 300 feet to any residential district. 3. Public and private riding academies on at least 10 acres shall be permitted, provided that no stable, building or structure in which horses or other animals are housed shall be nearer than 300 feet to any residential district. 4. A water well and septic system located on the same zoning lot shall require a minimum of five acres. Sec R-1 Single Household Suburban Residential District. A. Intent. The intent of the R-1 Single Household Suburban Residential District is to provide for very low density residential development with certain public facilities and infrastructure available now or in the future. Greater flexibility in design is needed to allow for the preservation of open space around buildings. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed. In the R-1 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 use types permitted in the R-1 District by 35

147 right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses w/o public 3 acres (1) wastewater collection Principal uses with 1 acre (1) public wastewater collection Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be the greater of 40 feet from the property line or 73 feet from the centerline of a county road Sec R-2 Single Household Residential District. 30 th Avenue Corridor A. Intent. The intent of the R-2 Single Household Residential District is to provide for single household residential development of moderately spacious character and allow for higher density where public sewer and water or suitable alternatives exist. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed. In the R-2 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 use types permitted in the R-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. 36

148 B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Acres) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. Front Yard Setback Table Rural StreetRural State HighwayState Arterial Street Collector Street Residential 30 th Avenue Street Highway Non-Residential Residential Street Corridor The minimum setback shall be 30 feet from the property line. Sec R-3 Moderate Density Residential District. A. Intent. The intent of the R-3 Moderate Density Residential District is to provide for a full range of dwelling units from single family attached and detached to two family dwellings and certain public uses. This district is located primarily adjacent to moderate to high density residential areas. In the R-3 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 use types permitted in the R-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard 9, (1) Single family detached dwelling Single family attached 5, (1) 15 5(3) dwelling, per DU Two family 10, (1) 15 5(3) dwelling/duplex Other principal uses 10, (1) 15 10(3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. 37

149 (4) Front Yard Setback Table Rural State Arterial Street Collector Street Residential Street 30 th Avenue StreetRural Street HighwayState Highway Non-Residential Residential Corridor The minimum setback shall be 25 feet from the property line. Sec R-4 Residential Neighborhood Conservation District. A. Intent. The intent of the R-4 Residential Neighborhood Conservation District is to provide for an array of residential uses including single family attached and detached, two family and multiple family dwelling developments. This district allows for residential infill development and affordable housing in older residential districts while protecting the character of the surrounding neighborhood. In the R-4 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 use types permitted in the R-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard 9, (1) Single family detached dwelling Single family attached 5, (1) 15 5(3) dwelling, per DU Two family 10, (1) 15 5(3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Front Yard Setback Table Rural State Arterial Street Collector Street Residential Street 30 th Avenue StreetRural Street HighwayState Highway Non-Residential Residential Corridor The minimum setback shall be 25 feet from the property line. 38

150 Sec R-5 High Density Residential District. A. Intent. The intent of the R-5 High Density Residential District is to provide for medium to high density multiple family dwellings in areas with good transportation access and close to commercial corridors and centers of employment. This district serves as a transitional zone between medium density residential neighborhoods and administrative and professional offices. In the R-5 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 use types permitted in the R-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard 5, (1) Single family detached dwelling Single family attached 2, (1) 15 5(3) dwelling, per DU Two family 8, (1) 15 5(3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Front Yard Setback Table Rural State Arterial Street Collector Street Residential Street 30 th Avenue StreetRural Street HighwayState Highway Non-Residential Residential Corridor The minimum setback shall be 25 feet from the property line. Sec R-6 Infill Residential District. A. Intent. The intent of the R-6 Infill Residential District is to provide for a mixture of medium to high density single family and multiple family dwellings in neighborhoods identified as part of the Neighborhood Revitalization Plan area or those areas that were developed with smaller, denser lots. This district responds to the needs of older neighborhoods which pre-date modern suburban residential zoning regulations. 39

151 In the R-6 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 use types permitted in the R-6 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard 3, (1) Single family detached dwelling Single family attached 2, (1) 10 3(3) dwelling, per development Two family 4, (1) 10 3(3) dwelling/duplex Multiple family dwellings 8, (1) Other principal uses 8, (1) Accessory uses - - (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Rural StreetRural Street Front Yard Setback Table State Arterial Street Collector Street Residential Street HighwayState Highway Non-Residential Residential The minimum setback shall be 25 feet from the property line. 30 th Avenue Corridor C. Miscellaneous Provisions 1. Access and Utilities. Adequate space for access and utilities must be provided on lots with more than one unit by creating easements when pertinent. 2. Paving Requirements. No more than 60 percent of the front yard on any residential lot shall be paved in the R-6 Infill District. 3. Alleyway Driveway Access. Driveways accessing alleyways in the R-6 Infill District must maintain a minimum of 10 feet unobstructed clearance within the residential lot. 4. Neighborhood Design Requirement. a. Accessory garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. b. New residential infill construction in the R-6 Infill District shall replace or install sidewalks when existing sidewalks abut the new development on at least one side. c. New residential infill construction in the R-6 Infill District shall replace or install one street tree per lot on blocks where more than 50% of the lots have existing street trees. 40

152 d. Front yard setbacks in the R-6 Infill District shall meet the standards listed above unless the average setback of an established block is greater than the required setback. In such cases, the front yard setback shall be the average setback of the block. Sec MH Manufactured Home Subdivision District. A. Intent. The intent of the MH Manufactured Home Subdivision District is to provide for low density manufactured home subdivisions to meet the need and demand for alternative housing choices. This district allows for alternative housing types that often function best as part of a well planned development. This district is established to accommodate certified manufactured homes on permanent foundations where each lot is owned by an individual manufactured home owner. In the MH 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 use types permitted in the MH District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Lot Area and Width. Each lot shall have an area of not less than 5,000 square feet and an average width of not less than 50 feet. C. Lot Coverage. The principal building and accessory buildings shall not cover more than 30 percent of the lot area. D. Height Regulations. No building shall exceed 35 feet in height. E. Yard Regulations. 1. Front Yard. a. There shall be a front yard having a depth of not less than 25 feet. b. Where a lot or group of lots has 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 these regulations, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line. 2. Side Yard. 41

153 a. Except as hereinafter required in the additional height, area, and use regulations of these regulations, there shall be a side yard having a width of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building. b. Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings. 3. Rear Yard. a. There shall be a rear yard having a depth of not less than 10 feet. Sec MP Manufactured Home Park District. A. Intent. The intent of the MP Manufactured Home Park District is to provide for low density manufactured homes which are compatible with the character of the surrounding neighborhood in which they are located and where services and amenities are readily available. This district is intended for the planned arrangement, placement and site layout of certified manufactured homes where the owner proposes to develop and rent or lease individual sites. The MP District is intended to promote affordable housing consistent with provisions of these regulations and the Comprehensive Plan. In the MP 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 use types permitted in the MP District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. The following accessory uses shall be expressly permitted in the MP District: 1. Parks, playgrounds, and recreation areas; 2. Service buildings, laundry facilities and storage areas for recreational vehicles and boats, for the exclusive use of residents of the manufactured home park; 3. Swimming pools, patios and gazebos for the exclusive use of residents of the manufactured home park; 4. Office for manager of the manufactured home park; and 5. Storage buildings for vehicles used to tow manufactured homes and for blocks, skirting, pipes and other materials and equipment required to set up a manufactured home. 42

154 C. Minimum Lot Size. 1. The minimum lot size for manufactured home parks in the MP District shall be 10 acres. No manufactured home park shall be established on a lot smaller than 10 acres. A contiguous tract of 10 acres shall be the minimum land area required for each area classified as an MP District on the Zoning Map. D. Nonconforming Manufactured Home Parks. 1. No manufactured home park on a lot of less than 10 acres shall be placed in the MP District. Existing and lawful manufactured home parks on lots less than 10 acres shall not be expanded or enlarged, unless such expansion would increase the total area of the manufactured home park to 10 acres or greater and the entire manufactured home park, including existing development, is brought into compliance with the standards of the MP District regulations. E. Detailed Manufactured Home Park Requirements. 1. No new manufactured home park shall be established or operated and no existing manufactured home park shall be expanded, enlarged or altered, except in accordance with these regulations and under permit by the zoning administrator. 2. A tract to be used for a manufactured home park shall be designed to accommodate 10 or more manufactured homes. 3. Manufactured home parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,000 square feet. 4. Each manufactured home park space shall be not less than 35 feet in width. 5. The manufactured home park shall be located on a well-drained site that is graded to ensure rapid drainage. 6. Each manufactured home space shall be numbered in an orderly manner. Numbers shall be securely displayed on their respective spaces and shall be consistent throughout the manufactured home park. Said numbers shall be visible at all times and shall be located so as to avoid confusion regarding which number belongs to which manufactured home space. 7. A solid fence or wall meeting the City s fence regulations shall be provided between the manufactured home park and any adjoining property or property immediately across the alley which is used or zoned for residential purposes other than manufactured homes. In lieu of said fence or wall, an approved landscape buffer, not less than 15 feet in width may be provided. When a landscape buffer is used in lieu of a 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 maintained by the owner and/or manager of the manufactured home park. 43

155 8. Each manufactured home park having more than 10 manufactured home spaces shall reserve an area for child recreation according to the following schedule: Number of Manufactured Homes Minimum Recreation Area 0-10 None required ,500 square feet ,500 square feet 26 or more 100 square feet per lot 9. The recreation area shall be located so as to be free from hazards and provided with play equipment. 10. All manufactured home parks shall provide a storm shelter for the occupants. The applicant shall submit plans for each storm shelter to the Building Official for review and approval. Each storm shelter shall be constructed below ground level as a concrete structure or other material approved by the City, and shall be provided with heavy metal doors. Each storm shelter shall be located so as to be accessible to the park residents in a central location with access to the shelter clearly marked. 11. Each manufactured home park shall provide a sufficient and adequate number of storm shelters. Shelters shall be placed at such intervals within the park to ensure maximum safety for residents during times of natural disaster. Design and location of such shelters shall be determined at the time of plan approval, but in no case shall the construction of the initial phase of a manufactured home park be allowed to proceed without the concurrent construction of the appropriate shelters. 12. Manufactured homes shall be located so that there is at least a 20-foot clearance between manufactured homes; provided, however, with respect to manufactured homes parked end-to-end, the clearance shall not be less than 10 feet. Each manufactured home shall be located a minimum of 10 feet from the front driveway. 13. Manufactured homes shall be located a minimum of 25 feet from each property line of the manufactured home park and from each community building within the park. 14. All manufactured home spaces shall abut an internal street that is not less than 24 feet in width; provided, however, that no on-street parking shall be permitted on a street with a width of only 24 feet. If parallel parking is permitted on one side of the street, the street width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the street width shall be increased to 36 feet. All internal streets shall have unobstructed access to a public street or highway and shall be paved with a hard surface such as concrete or asphalt. All pavement shall be durable and well-drained under normal use and weather conditions. All pavement shall be maintained in good condition free of cracks, potholes and other hazards. All internal streets shall be provided with night lighting using lamps spaced at intervals of not more than 100 feet. 44

156 15. Adequate lighting shall be provided for all internal streets, walkways, service buildings, storm shelters and other facilities subject to nighttime use. All lighting shall be maintained in working condition. 16. Manufactured home parks shall provide each manufactured home space with a concrete parking pad for the parking of two motor vehicles separate from the street. Each parking pad shall be a minimum of nine feet in width and 18 feet in depth per vehicle. 17. All electrical distribution systems and telephone service systems to each manufactured home space, except outlets and risers, shall be underground. Each manufactured home space shall be provided with a 110-volt and 220- volt service with a minimum 100-ampere individual service outlet. 18. Whenever master television antenna systems, including cable systems, are to be installed, complete plans and specifications for the systems must be submitted to the City for review and approval. Distribution lines to individual manufactured home spaces shall be underground and shall terminate adjacent to the electrical outlet. 19. An adequate supply of pure water for drinking and domestic purposes shall be supplied by underground pipes to all buildings and manufactured home spaces within the park. Each manufactured home 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. 20. All manufactured homes 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 home. Each sewer connection shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured home drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured home and shall be trapped in such a manner as to maintain them in an odor-free condition. 21. Each manufactured home shall be set, anchored, and tied down securely to prevent accidental uplift, sliding, rotation and overturning. 22. Skirting shall be installed on each manufactured home to enclose the open space between the bottom of the manufactured home and ground below. Such skirting shall consist of non-combustible materials that are durable in construction, uniform in color and texture, and similar in color to the exterior surface of the manufactured home. Such skirting shall be maintained in good condition. 23. Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon the required site plan. 24. Laundry facilities for the exclusive use of the manufactured home park occupants may be provided in a service building. 25. The owner or operator shall include with the required site plan the method of refuse collection and the location of refuse containers. Refuse and garbage handling methods shall meet the following minimum requirements: 45

157 a. Storage collection and disposal of refuse in a manufactured home park shall be so conducted as to create no public nuisances, health or safety hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. b. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse from within the manufactured home park. c. Refuse racks shall be provided for all refuse containers. Such racks shall be designed so as to prevent the containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around the containers. d. Refuse and garbage shall be removed from the manufactured home park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers. e. The manufactured home park owner shall ensure that all containers at all stands are emptied regularly and maintained in a useable, sanitary condition. 26. When liquefied petroleum gas is used in a manufactured home park, containers for such gas shall have a water capacity of not more than 25 gallons, 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. 27. Manufactured home parks may have approved areas designated for the storage of recreational vehicles, boats, trailers and other vehicles or equipment of seasonal or recreational use. Such areas may be commercially operated strictly for the use of residents of the manufactured home park. 28. The owner or operator shall include with the required site plan a budget for financing the proposed improvements shown on the site plan. 29. Prior to the construction, alteration, or expansion or a manufactured home park, review and approval of all of the following plans by the City shall be required: a. Engineering plans and specifications of the water supply and distribution system; b. Engineering plans and specifications of sewage disposal facilities and sewer; c. Plans and specifications for the lighting and electrical systems; d. Plans and specifications for streets and driveways; and e. Any other plans required by the City to ensure compliance with applicable city codes. F. Site Plan Review. 1. Site plan review shall be required prior to the establishment, enlargement or alteration of a manufactured home park. The applicant for a 46

158 manufactured home park shall submit an application for site plan review in accordance with Article X of these regulations. The subject property must be properly zoned, and the site plan must be reviewed and approved by the Site Plan Review Committee before any permits will be issued. The site plan shall include all of the following: a. Proposed manufactured home spaces, consecutively numbered, with their approximate dimensions; b. Service buildings and storage facilities; c. Topography and drainage provisions; d. Location of storm shelters; e. Location and dimensions of parking spaces; f. Electrical outlets; g. Sewer outlets; h. Water outlets; i. Water lines; j. Sewer lines; k. Location and size of playgrounds and recreational areas; l. Landscaped areas and walls or fences; m. Proposed streets and driveways with dimensions and traffic circulation plan; n. Any existing streets in or abutting the property; o. Sidewalks and walkways; p. Exterior lighting plan; q. Refuse collection bins and screening; r. Legal description of the property; s. Names of the landowner, the developer and the person or firm preparing the plan; and t. North arrow, scale and date. G. Compliance and Enforcement. 1. Upon the issuance of the permit for a manufactured home park, the City shall have the authority to have said manufactured home park inspected by the proper inspecting officer of the City and if it shall be found that the holder of said permit has violated or caused to be violated any provision of this article, the City shall have the power to revoke said permit. 2. If the City shall determine upon proper inspection by the Building Official that the sanitary condition of the manufactured home park 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 said manufactured park, the City shall have the power to require the holder of said manufactured home park permit to return said manufactured home park to proper sanitary condition within 10 days. 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 47

159 manufactured home park in sanitary condition, the City shall have the right to revoke said permit. H. Abandonment of Use. 1. Whenever a property in the MP District ceases to be used as a manufactured home park or when its existing use is discontinued or abandoned for a period of 12 consecutive months, the Planning Commission may initiate action to rezone said property back to its former or another zoning district classification. Sec EN Established Neighborhood District. A. Intent. The intent of the EN Established Neighborhood District is to accommodate compatible mixed-use development of residential, commercial and light industrial uses in existing neighborhoods. This district is intended to promote harmony between certain residential, commercial and light industrial uses that currently exist in established older neighborhoods within the City. This district promotes investment in distressed properties and allows for the restoration and reconstruction of buildings to maintain property values and encourage affordable workforce housing. The EN District is not intended for individual or scattered sites or for simply bringing nonconforming uses into conformance with these regulations. In the EN 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 use types permitted in the EN District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 15 5 (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall of a two family dwelling or a single family attached dwelling. 48

160 Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be 25 feet from the property line. 30 th Avenue Corridor C. Miscellaneous Provisions When adjacent to residentially zoned or used property, an industrial use in the EN District shall not have parking or drives in the front yard setback nor within 15 feet of said residential district or use. Furthermore, permanent screening shall be provided as appropriate in order to minimize impacts on residential property, as per Sec of these regulations. 3. Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties. 4. All new structures constructed for non-residential uses shall be of a type and design that is generally compatible in appearance with the character of any nearby residential structures. Sec P/I Public and Institutional District. A. Intent. The intent of the P/I Public and Institutional District is to provide for public, quasipublic, institutional, social, philanthropic organizations and similar uses in one or more buildings or a campus. This district may accommodate the individual needs of organization members, students, public employees and long term care residents. Special design provisions may be made for parking, playgrounds, outdoor plazas and event areas. In the P/I 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 use types permitted in the P/I District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall. 49

161 Front Yard Setback Table Rural State Arterial Street Collector Street Residential Street 30 th Avenue StreetRural Street HighwayState Highway Non-Residential Residential Corridor The minimum setback shall be 25 feet from the property line. Sec C-1 Office Commercial District. A. Intent. The intent of the C-1 Office Commercial District is to provide for restricted commercial development such as professional and administrative offices and certain personal services that serve the entire city and are compatible with adjoining residential districts. The low intensity of this district serves as a buffer between residential and arterial and collector streets. This district allows for freestanding office buildings and office parks. In the C-1 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 use types permitted in the C-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Area (Sq. Ft) Minimum Minimum Minimum Setbacks Max. Frontage Lot Depth Front Yard Rear Yard Side Yard Height (%) 5, (1) Max. Lot Coverage Single family detached dwelling Single family attached 5, (1) 25 5 (3) dwelling, per DU Two family 10, (1) (3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be 25 feet from the property line. 30 th Avenue Corridor 50

162 Sec C-2 Neighborhood Commercial District. A. Intent. The intent of the C-2 Neighborhood Commercial District is to provide for areas of convenient shopping facilities for nearby neighborhoods. This district permits uses such as basic retail, offices and services that are conducted wholly within a building or customarily located in a shopping center. In the C-2 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 use types permitted in the C-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be 25 feet from the property line. 30 th Avenue Corridor Sec C-3 Outdoor Commercial District. A. Intent. The intent of the C-3 Outdoor Commercial District is to provide for retail and wholesale sales and services for commercial activities that require large floor areas and the outside display of products and parking areas. This district provides for large lot development typically located next to collector and arterial streets to accommodate traffic patterns. In the C-3 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 use types permitted in the C-3 District by right, permitted pursuant to meeting design standards, permitted by conditional 51

163 use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be 25 feet from the property line. 30 th Avenue Corridor Sec C-4 Special Commercial District. A. Intent. It is the intent of the C-4 Special Commercial District to provide space in appropriate locations for certain commercial activities which may particularly impact surrounding neighborhoods. Special provisions are made through these regulations to minimize the adverse effects of such uses on neighboring parcels. In the C-4 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 use types permitted in the C-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. 52

164 Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be 25 feet from the property line. Sec C-5 Downtown District. 30 th Avenue Corridor A. Intent. The intent of the C-5 Downtown District is to encourage a wide mix of adaptive reuses of buildings; to stimulate private investment and create a lively downtown. This district should accommodate shoppers, workers, residents and visitors and be a gathering place for community events. Development and improvements in this district should be guided by Main Street s Design Guidelines and Historic Preservation principles. In the C-5 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 use types permitted in the C-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. Accessory uses and structures are permitted by right in connection with any lawfully established principal use, except as otherwise expressly provided in these regulations. Accessory uses and structures, including private parking, shall not be placed on public property, including sidewalks, streets and alleys, unless expressly permitted otherwise. C. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses Accessory uses (1) (1) Accessory uses are not permitted in the front yard. D. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations unless expressly designated otherwise. 53

165 1. Residential Uses and Code Requirements. a. Upper story housing shall be permitted in the C-5 Downtown District by right. b. The front half of the ground floor of a mixed-use commercial building shall not be used for any residential purpose other than a required exit corridor. c. Before a building permit and/or certificate of occupancy permit is issued, the property owner shall be required to provide the Building Official with stamped architectural or engineering plans for any commercial building that may contain a residential use including fire separation, smoke detection, interconnection and exits according to all city codes. The percentage of floor area designated for residential and commercial uses may vary slightly depending on the architectural or engineering plans approved by the Building Official. d. The applicant for a residence in the C-5 District shall contact the City prior to filing an application to determine supplemental information requirements. 2. Setback Requirements. The front façade of any new building shall require a zero lot line development unless otherwise approved by the Site Plan Review Committee. 3. Off-Street Parking. Off-street parking must be reviewed by the Downtown Hutchinson Revitalization Partnership (DHRP) Board and the Zoning Administrator and approved by the City Engineer where required. 4. Signs. Signs for buildings and uses within the C-5 District shall be subject to special requirements. 5. Other Supplemental Regulations. a. Persons choosing to reside in the C-5 Downtown District do so with full knowledge that they will be living in a predominately commercial environment containing different kinds of businesses, activities, noise, lighting and traffic, such as are found in a vibrant and active downtown, and that such conditions are normal aspects of downtown living. b. Upon receipt of an application for consideration by the Planning Commission, Board of Zoning Appeals, or Landmarks Commission for a proposed development within the C-5 Downtown District, the zoning administrator shall notify the Chairperson of Downtown Hutchinson Revitalization Partnership, Inc., of the date, time and location of the public hearing. 54

166 Sec CR Commercial/Residential District. A. Intent. The intent of the CR Commercial/Residential District is to encourage the transition of neighborhoods where land use patterns are beginning to change from residential to light commercial with minimal impact to the existing residents. This district provides for a variety of land uses, including office, light retail, schools, churches and public spaces. The design elements of this district are intended to create a distinctive sense of place for the primary vehicular corridors into Hutchinson. This district allows for freestanding office buildings and office parks and may be utilized in concert with the gateway corridor overlay. In the CR 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 use types permitted in the CR District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (%) Other principal uses 5, Accessory uses (1) (1) Accessory uses are not permitted in the front yard. Sec I-1 Light Industrial District. A. Intent. The intent of the I-1 Light Industrial District is to provide space for light industrial uses for certain low-impact employment and for businesses engaged in heavy commercial and light manufacturing and related uses in a planned industrial/business park setting. In the I-1 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 use types permitted in the I-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. 55

167 The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 5 5 (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural StreetRural Street State HighwayState Highway Front Yard Setback Table Arterial Street Non-Residential Collector Street Residential Residential Street 30 th Avenue Corridor The minimum setback shall be the greater of 25 feet from the property line or 58 feet from the centerline of a county road. Sec I-2 Industrial District. A. Intent. The intent of the I-2 Industrial District is to accommodate moderate to high impact industrial uses including large scale and specialized industrial operations requiring good transportation access and public facilities and services and which are generally not compatible with commercial land uses. In the I-2 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 use types permitted in the I-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. 56

168 B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 5 5 (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural StreetRural Street Front Yard Setback Table State HighwayState Arterial Street Collector Street Residential Highway Non-Residential Residential Street The minimum setback shall be the greater of 30 feet from the property line or 63 feet from the centerline of a county road. Sec I-3 Heavy Industrial District. 30 th Avenue Corridor A. Intent. The intent of the I-3 Heavy Industrial District is to provide land for industrial uses that may pose a serious threat to the health or safety of the general public and individuals either on or off the parcel. Certain uses may require special permission to locate in this district. In the I-3 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 use types permitted in the I-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard. (3) No side yard setback shall be required along a common party wall. 57

169 Front Yard Setback Table Rural StreetRural State HighwayState Arterial Street Collector Street Residential 30 th Avenue Street Highway Non-Residential Residential Street Corridor The minimum setback shall be the greater of 30 feet from the property line or 63 feet from the centerline of a county road. Sec PUD Planned Unit Development District. A. Intent. The intent of the PUD Planned Unit Development District is to encourage innovation in residential, commercial and industrial development by allowing a greater variety in type, design, and layout of buildings; to encourage the expansion of urban areas incorporating the best features of design while conserving the value of land; to encourage the clustering of buildings and the preservation of open space; and to provide a procedure which relates to type, design and layout of development to the particular site. Certain amenities will be installed at the time of development to preserve property values within established neighborhoods. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions of these regulations. B. Recommendation and Finding of Facts. The Planning Commission, in its minutes, shall set forth its reasons for recommendation of approval or denial of the application for a PUD District, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions. 1. Said planned unit development shall be in general conformity with the provisions of the Comprehensive Plan. 2. Said planned unit development shall not have a substantially adverse effect on the development of the neighboring area. C. Use Regulations. In the PUD District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except as shown on the approved final development plan as specified in this section. D. Standards and Conditions for Development. A planned unit development shall be consistent with the following general standards for use of land, and the use, type, bulk and location of buildings, the density or intensity of use, open space and public facilities: 1. The applicant shall satisfy the Planning Commission that he or she 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 12 months following the approval of the final development plan by 58

170 the City Council. A minimum of 50 percent of the total planned construction shown on the final development plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the City Council upon review and recommendation by the Planning Commission upon the showing of good cause by the developer. 2. The developer shall provide and record easements and covenants, and shall furnish such performance bonds, escrow deposit, or other financial guarantees for public improvements as may be determined by the City Council to be reasonably required to assure performance in accordance with the final development plan and to protect the public interest in the event of abandonment of said plan before completion. 3. 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. 4. The development shall not impose an undue burden on public services and facilities, such as fire and police protection. 5. The minimum area allowed for a PUD District shall be three acres. 6. Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD District. 7. The entire tract or parcel of land to be occupied by the 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 by all owners. 8. 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 access ways shall be landscaped or otherwise improved. 9. Off-street parking and loading shall be provided in accordance with the parking and loading regulations. 10. When a commercial or industrial use within a PUD District abuts a residential district, a solid or semi-solid fence or wall at least six feet high, but not more than eight feet high, and having a density of not less than 80 percent per square foot, shall be provided adjacent to any adjoining residential district; except in the event the adjacent residential district and the commercial or industrial use are separated by a street right-of-way. 11. All residential, commercial and industrial buildings shall set back not less than 25 feet from the right-of-way of any street and 10 feet from any district boundary lines that do not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required, when found reasonable by the Planning Commission and City Council for the protection of health, safety and general welfare. 59

171 12. Building coverage shall not exceed 40 percent of the net developable area of the planned unit development. 13. A minimum of 30 percent of the area of that part of a planned unit development reserved for residential use shall be provided for open space as defined by these regulations under Subsection 18 below. Common open space reserved for the leisure and recreation of PUD residents only shall be owned and maintained in common by them through a homeowner's association. 14. The PUD District 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 City Council 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. 15. No residential use shall have direct vehicular access onto an arterial street. 16. All commercial and industrial areas must have access via a collector or arterial street; however, no individual commercial or industrial use may have direct access onto collector or arterial streets. 17. 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 pedestrian access between each use in the planned unit development subject to approval by the Director of Parks and Facilities. 18. Open space as defined under this zoning district shall mean land area of the site not covered by buildings, parking, structures or accessory structures, except recreational structures. Common open space as defined under this zoning district shall mean open space which is accessible and available to all occupants in common by a homeowner's condominiums or resident's association. 19. When a developer intends to design a planned unit development, the Planning Commission and City Council may grant lesser front, side and rear yard setbacks, including zero lot line setbacks. E. Application for Approval of Preliminary Development Plan. 1. An application for a PUD shall be handled in the same manner as prescribed for amending these regulations. The requirements for notice, advertisement of public hearing, protest petitions, and adoption shall be the same as is required for zoning amendments. 2. The applicant shall prepare and submit 30 folded copies of the preliminary development plan for review and approval by the planning commission. Said preliminary plan shall include a site plan showing: a. Contours at intervals of two feet or spot elevations on a 100 foot grid shall be required on flat land; b. Location, size, height and use of all proposed structures in conformance with the yard requirements; 60

172 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/or private open space with the type of recreational facilities planned for each are indicates; f. Designation of individual parcels if the proposed development is to be set up in separate construction phases; g. Designation of individual lots if such lots are proposed to be sold to individual owners; h. Location of required screening; i. Location of natural features such as ponds, tree clusters and rock outcroppings; and j. Existing development on adjacent properties within 200 feet. 3. The above-described site plan shall also include a section designated as general provisions, and said section shall include the following when said items are applicable: a. Net area in square feet or acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street rightof-way. If more than one parcel is proposed, designate net area by parcel as well as total net area.); b. Density of dwelling units per acre for the entire development; c. Building coverage of the net area of the planned unit development by individual parcel or total development; d. The percentage of the development plan provided for common open space as defined by this regulation; e. If more than one parcel is proposed, a statement relating to the sequence of development shall be included; f. Required number of off-street parking spaces; g. Gross floor area proposed for commercial buildings; and h. All proposed land uses shall be listed by parcel. 4. A statement and adequate drawings shall be included describing the manner and disposition of utility and stormwater run-off management. 5. The full legal description of the boundaries of the property or properties shall be included in the preliminary development application. 6. A vicinity map showing the general arrangement of streets within an area of 200 feet from the boundaries of the proposed planned unit development shall be included. 7. A description, rendering or drawing of the general characteristics of the proposed buildings shall be included. 8. When a planned unit development includes provisions for private common space or recreational facilities, the applicant shall submit the following to the City: a. A statement describing the provisions that will be made for the care and maintenance for open space to be owned and/or maintained by any entity other than a governmental authority; and 61

173 b. Copies of the proposed articles of incorporation and bylaws of such entity. 9. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned unit development shall be submitted. 10. The applicant shall provide any other information determined necessary by the City. 11. The Planning Commission shall hold a public hearing on the preliminary PUD after the PUD has been reviewed by City staff after giving notice as required by Kansas law for hearings for zoning 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 City Council and the applicant specific findings of fact with respect to the extent which the preliminary plan complies with those regulations, together with its recommendations in respect to the action to be taken on the preliminary PUD. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions. The City Council may or may not approve the preliminary development plan and may or may not authorize the submittal of the final development plan. 12. Substantial or significant changes in the preliminary PUD shall only be made after a public hearing on said changes has been held and said changes have been approved. F. Approval of Final Development Plan. 1. After approval of a preliminary development plan and prior to the issuance of any building permit, the applicant shall submit to the zoning administrator an application for approval of the final development plan. Said application shall include the entire PUD District or may be for a unit or section thereof as set forth in the approval of the preliminary development plan. The application shall include 30 folded copies of such drawings, specifications, covenants, easements, conditions, and form of performance bond as set forth in the approval of the preliminary development plan and in accordance with the conditions established in these regulations for a PUD District. The final development plan shall include the same information as the preliminary development plan, except the following shall also be provided: a. A surveyor s certificate certifying to the accuracy of the boundary surveys shown; b. Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public right-of-way; c. All easements and appropriate building setback lines; d. All lot lines, and lot dimensions including chord distances for curvilinear lot lines; e. Lot and/or parcel numbers; f. Location, size, height, and use of all existing and proposed buildings; g. Dedication of all streets, public highways or other land intended for public use, signed by the owner and by all other parties who have a 62

174 mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property; h. A final development plan submitted for approval shall be deemed to be in substantial compliance with the approved preliminary development plan, provided any modification of the final development plan by the applicant does not: (i) 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; (ii) Increase by more than 10 percent the floor area proposed for non-residential use; (iii) Increase by more than five percent the total ground area covered by buildings; (iv) Increase substantially the height of a building; or (v) Substantially change the design of the plan so as to significantly alter: (a) Pedestrian or vehicular traffic flow; (b) The inter-relationship of different land uses; (c) The relation of open space to residential development; (d) (e) The proposed phasing of construction; or The proposed use of one or more buildings to a more intensive use category as delineated in these regulations. 2. A public hearing need not be held for the approval of a final development plan if it is in substantial compliance with the approved preliminary development plan. The Planning Commission shall review the final development plan for compliance with the approved preliminary development plan. Upon approval, the final development plan shall be submitted to the City Council for final approval and acceptance. 3. In the event that the final development plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit a new preliminary development plan. This preliminary development plan shall be processed in the same manner prescribed in this section as for original submittals 4. The approved final development plan shall be filed and recorded with the Reno County Register of Deeds. G. Enforcement of and Changes to the Final Development Plan. The mutual benefit of the residents and owners of the planned unit development and the general public shall be considered with regard to preserving the integrity of the final development plan, as approved. Any changes to an approved final development plan: 1. Shall not impair the reasonable reliance of said residents and owners upon the provisions of the plan; 63

175 2. Shall not result in changes that would adversely affect the public interest or the enforcement of the provisions of the plan as approved, regardless if such provisions are recorded by plan, covenant, easement or otherwise; and 3. Shall be subject to the following provisions: a. The provisions of the plan relating to: (i) The use of land and the use, bulk, and location of buildings and structures; (ii) (iii) The quality and location of common space; and The intensity of use or the density of residential units shall run in favor of the City and shall be enforceable in law or in equity, by the City, without limitation on any powers or regulation otherwise granted by law. b. 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. c. If portions of an approved final development plan shall require a plat, an amended final development plan may include only that portion of the final development plan to be platted. H. Amendments. The PUD District ordinance or an approved preliminary or final development plan may be amended in the same manner as prescribed in this section for approval of a preliminary or final development plan. Application for amendment shall be made by the homeowners association or 51 percent of the owners of the property within the PUD District. I. Platting. PUD developments shall comply with all platting and subdivision requirements of the City. J. Fees. Fees for planned unit development applications shall be paid to the City according to the Master Fee Schedule. 64

176 Sec GATE Gateway Corridor Overlay District. A. Intent and Purpose. The intent of the Gateway Corridor Overlay District is to provide design criteria along the key entry corridors into and through the City of Hutchinson. The design criteria will promote creative solutions to help to develop high quality design and visual appeal through landscaping, signage, building material selection, lighting and interior street development. Guiding development in this manner will also aid in the protection of past and future investment in the corridor. In the Gateway Corridor Overlay 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 in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations. The purpose of these regulations is to establish criteria for those items that affect the physical and visual environment of the City of Hutchinson. Pertinent to appearance is the design of the site and all elements which are visible to the public. The criteria contained herein are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop a high quality visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare. B. Geographic Area. The Gateway Corridor Overlay District as depicted on the official zoning map, including all lots immediately adjacent to the street right-of-way. C. Criteria for Application. 1. All developments consisting of more than one principal building or use, multiple-pad development and/or similar mixed-uses shall be required to meet the zoning requirements for a planned unit development (PUD). The PUD process and rezoning shall be in conjunction with preliminary and final plat review and approval. 2. All developments consisting of one principal building with a single use shall comply with the design criteria of this section. D. Criteria for Appearance. 1. Relationship of Buildings to Site. The site shall be planned to accomplish an effective transition with the streetscape, and to provide for appropriate landscaping, safe pedestrian movement, and required parking areas. 65

177 a. Site planning in which setbacks and yards are in excess of standard commercial zoning restrictions is encouraged to provide a quality visual relationship between buildings and site. b. Parking areas shall be designed to include decorative elements, building wall extensions, plantings, berms or other innovative means so as to buffer parking areas from view from public ways. c. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated future buildings. d. Newly installed utility services and service revisions necessitated by exterior alterations shall be underground. 2. Relationship of Buildings and Site to Adjoining Areas. a. Adjacent buildings of different architectural styles shall be made compatible by such means such as buffering, screening, sight breaks and material selections. b. Attractive landscape transitions shall be designed to be compatible with adjoining properties. c. Harmony in texture, lines and masses is required. Monotony shall be avoided. 3. Landscape and Site Treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns and all visible construction except buildings and associated accessory structures. a. Where natural or existing topographic patterns contribute to visual quality and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to appropriate site design and development. b. Grades of walks, parking spaces, terraces and other paved areas shall provide a soft and stable surface for walking and seating. c. Landscape treatments shall be provided to enhance architectural features, strengthen vistas, emphasize access patterns and provide shade. d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. e. Plant material shall be selected for interest in structure, texture, and color and for ultimate growth patterns. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. f. Parking areas and traffic ways shall be enhanced with landscaped islands containing trees or tree groupings. g. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or 66

178 combinations thereof. Screening shall be equally effective in winter and summer. h. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be designed to a standard that does not impact adjoining properties, especially residential areas. Exterior lighting shall comply with the requirements of Sec (G) General Requirements for Sign Illumination. i. Fencing within the Gateway Corridor Overlay District shall not exceed six feet in height unless otherwise permitted. j. Fencing within the Gateway Corridor Overlay District may be required to be a solid fence to meet specific site conditions. 4. Building Design. a. Architectural design and style are not restricted, however architectural style should be consistent throughout the development. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. b. Buildings shall have appropriate scale and be in harmonious conformance with any adjacent neighboring development. c. The primary building material of all portions of the structure shall include but not be limited to materials of high quality, such as brick (clay), stucco, wood, glass, split faced concrete masonry units (CMU) with integrated color pigmentation and stone material. The materials shall be similar and compatible throughout the entire development. The Site Plan Review Committee may recommend other primary building designs for portions of the building not visible from public areas. Other secondary building materials shall have appropriate architectural character and shall be selected for harmony of the building with adjoining buildings. d. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways. e. Materials shall be of durable quality. f. In any design in which the structural frame is exposed to view, the structural materials shall be compatible and harmonious with their surroundings. g. Building components, such as windows, doors, eaves and parapets, shall have appropriate proportion and relationship to one another. h. Colors shall be harmonious and shall use only compatible accents. 67

179 i. Colors shall be of low reflectance, subtle, neutral or earth tones and shall not be of high-intensity or metallic colors unless the colors are true to the materials beings used. j. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located as not to be visible from any public ways. k. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. l. Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways. m. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance. n. Building orientation shall be toward the arterial street, unless it is demonstrated that this would not be feasible. E. Factors for Evaluation. The following factors and characteristics, which affect the appearance of a development, will govern the evaluation of a design submission: 1. Conformance to these regulations and the building design criteria; 2. Logic of design; 3. Exterior space utilization; 4. Architectural character; 5. Attractiveness of material selection; 6. Harmony and compatibility; 7. Vehicular and pedestrian circulation; and 8. Maintenance aspects. F. Process. 1. All developments within the Gateway Corridor Overlay District shall be required to submit a site plan for review. Refer to Article X. 2. Development approval. All building projects within the Gateway Corridor Overlay District shall comply with the Gateway Corridor Overlay District regulations. The developer shall include maintenance provisions within the scope of the site planning process. 3. Pre-application conference. A pre-application conference with the Site Plan Review Committee is HIGHLY RECOMMENDED to give the applicant an opportunity to discuss plans before a great deal of time or money is expended. 4. Application for Design Review. 68

180 The applicant shall fill out an application for site plan review and submit it along with other required submittals. See administrative forms for a listing of required submittals. 5. Design review. The Site Plan Review Committee will review the submittal documents for compliance with the Gateway Corridor Overlay District regulations. 6. Notice of approval. Upon review by the Site Plan Review Committee the applicant will be notified of approval or required changes for approval. 7. Appeals. In the event where the applicant and the Site Plan Review Committee cannot come to an agreement the applicant may appeal the decision by requesting a review by the Planning Commission. 8. If the approved site plan is not part of a PUD submittal, the approval shall be final and a building permit may be issued. Approved site plans which are part of a PUD process shall be submitted to the Planning Commission as required by Sec Building Permit. After the building permit is issued, all design requirements must be completed as shown on the approved site plan. 10. Maintenance of design requirements. The property owner shall maintain the design requirements for the life of the development. In the event of failure to do so, the City may utilize all appropriate remedial methods. 11. Fees. Fees may apply to each individual step as established in the Master Fee Schedule. Sec AH Airport Hazard Overlay District. A. Intent. The intent of the AH Airport Hazard Overlay District regulations is to specify land use controls in addition to the underlying zoning district that will ensure a compatible relationship between the Airport operations and other land uses in the vicinity, promote the health, safety and general welfare of the inhabitants and visitors of the City by preventing the creation, establishment or maintenance of hazards to aircraft, preventing the destruction or impairment of the utility of the airports in the City and the public investment therein and protecting the lives and properties of owners or occupants of lands in the vicinity of airports as well as the users of airports and to aid and implement the overriding federal interest in the operation of airports and the security of land surrounding airports. B. Applicability. The regulations set forth herein are applicable to all lands lying within delineated airport environs adopted as a part of the zoning map and to all lands defined herein. Notwithstanding the airport zoning regulations set out in Chapter 26 of the 69

181 City Code, the provision of this section as they apply to a parcel of land shall override and supersede other regulations set forth in the zoning regulations to the extent set forth herein based upon the airport environ(s) in which the parcel is located. The provisions of this section shall not override or supersede notification requirements previously established pursuant to the zoning regulations or by action of a property owner. C. Geographic Area. The Airport Hazard Overlay District as depicted on the official zoning map. The Airport Layout Plan (ALP), together with all explanatory matter therein, is hereby adopted by reference and declared to be a part of these regulations. The boundaries of all airport environs zone delineations shall be defined in Chapter 26 and determined as follows: 1. For recorded lots less than one acre in size, where an airport environs zone enters or crosses a lot, the land use restriction and noise level reduction standards of the more stringent airport environs zone shall apply to the entire lot. 2. For platted and unplatted properties greater than one acre in size, where an airport environs zone enters or crosses the parcel, the regulations associated with more than one zone may apply. The zoning administrator shall use the zoning map, including the applicable airport environs zone, overlaid onto a parcel map to determine the applicable zone. The zoning administrator, in consultation with the Director of Parks and Facilities and the Hutchinson Airport Advisory Board, as appropriate, shall determine the line of demarcation. D. Zones. In order to carry out the provisions of the AH Airport Hazard Overlay District there are hereby created and established certain imaginary surfaces on the ground and in the airspace above and surrounding the Hutchinson Municipal Airport which are described and subject to the current Federal Aviation Regulations, Part 77 (Objects Affecting Navigable Airspace), Part 25 (Airworthiness Standards) and Part 139 (Certification of Airports) which for the purposes of these regulations shall be herein construed as zones and shall be included in the AH Airport Hazard Overlay District. The various zones are hereby established and specifically defined in Chapter 26. E. Compatible Use Categories. All uses permitted in the underlying zoning district and deemed appropriate and compatible with maintaining the Airport s physical facilities and associated air service compatibilities shall be allowed provided they fully comply with all the requirements of Chapter 26. Where there is a conflict between the Airport Hazard Overlay District regulations and any other regulations herein, the Airport Hazard Overlay District regulations shall govern. 70

182 F. Permitted Uses. Permitted uses are allowed outright provided the uses and/or related structures meet the requirements of the Airport Hazard Overlay District as defined in Chapter 26. G. Site Plan Review. Site plans shall be reviewed pursuant to Article X of these regulations. H. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec HP Historic Preservation Overlay District. A. Intent. The intent of the HP Historic Preservation Overlay District is to provide means of designating on the zoning map those properties determined by the National Park Service, Kansas Preservation Law and the Hutchinson City Council to be historic landmarks or historic landmark districts. In the HP 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 in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations. B. Definitions. Refer to Chapter 4 of the City Code for additional definitions related to Historic Preservation. Historic shall include, but is not limited to, cultural, artistic, social, economic, ethnic, or political heritage as well as those conditions meeting the State and Federal conditions and factors. Historic District shall mean an area designated as an Historic District through listing on the Local, State, or National Register of Historic Places and which has definite geographic boundaries. All properties within the geographic boundaries are considered part of the Historic District. However, individual properties and buildings may be classified as non-contributing, contributing or key contributing based on their level of historic significance and their contribution to the overall historic character of the designated area. Historic Preservation shall mean the preservation of historically, architecturally or culturally significant structures, neighborhoods and sites in order to facilitate the 71

183 maintenance of the historic attributes of a building, structure or site. This may include the rehabilitation of the building or the restoration of the building to a former condition in accordance with the Secretary of the Interior s Standards for Rehabilitation. Historic Structure shall mean any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Kansas Register of Historic Places or listed as a contributing structure in a Kansas Register Historic District; (d) individually listed on the City of Hutchinson Local Register of Historic Places or listed as a contributing structure in a Local Register Historic District. Historic Site shall mean a place of outstanding historical and cultural significance and designated as such by the local, state or federal government. C. Geographic Area. The Historic Preservation Overlay District as depicted on the official zoning map. D. Special Criteria for the HP Overlay District. The area defined as the HP Historic Preservation Overlay District shall be governed by Chapter 4 of the City Code. Sec FP Floodplain Overlay District. A. Intent and Purpose of the District. The FP Floodplain Overlay District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the Flood Insurance Study for Reno County, Kansas, and Incorporated Areas, and accompanying Flood Insurance Rate Map for the City of Hutchinson, Community Number , Panel Numbers 0277, 0279, 0281, 0282, 0283, 0284, 0287, 0291, 0292, 0293, 0294, 0303, 0305 and 0311, effective January 6, 2010, and any subsequent additions or amendments. The FP Floodplain Overlay District is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established. These regulations are intended to minimize the extent of floods and reduce the height and violence thereof; to minimize the hazard of loss of life and property caused by floods; and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural water courses and drainageways. 72

184 B. Geographic Coverage. The Floodplain Overlay District as depicted on the official zoning map. C. District Regulations. In the Floodplain Overlay 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 in accordance with the regulations of this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations. In areas within the zoning jurisdiction which are designated as an FP Floodplain Overlay District, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined in the City Code and any amendments thereto. Notwithstanding the requirements of the underlying zoning district, the other requirements of these zoning regulations, and the detailed regulations present in the City Code and any amendments thereto, the following regulations shall supplement the regulations of the underlying zoning district. These regulations shall supersede those of the underlying zoning district where there is a conflict between regulations. Where by reason of flooding potential, and where the Flood Insurance Study and Flood Insurance Rate Map indicate the possibility of detrimental or limiting conditions for development, no person, firm or corporation shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of the City Code and any amendments thereto. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed with the zoning administrator. The application shall be accompanied by explanatory background information as required of the City Code and any amendments thereto, which shall include as a minimum: 1. Identification and description of the work to be covered by the permit; 2. Description of the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work; 3. Indication of the use or occupancy for which the proposed work is intended; 4. Provisions of plans and specifications for proposed construction; 5. Evidence of compliance with the requirements of the City Code; 6. Signature of the permitted or his authorized agent who may be required to submit evidence to indicate such authority; and 73

185 7. Provision of other information as may be required by the Building Official. D. Intensity of Use Regulations. The lot coverage and intensity of use requirements of the underlying zoning district, which this overlay district supplements, shall be maximum allowable. E. Height Regulations. The height requirements of the underlying zoning district, which this overlay district supplements, shall be the maximum height requirements subject to additional requirements as prescribed by these regulations. F. Yard Regulations. The yard requirements of the underlying zoning district, which this overlay district supplements, shall be the minimum yard requirements subject to additional requirements as prescribed by these regulations. G. Sign Regulations. The sign regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for all signs locating in this overlay district. H. Parking and Loading Regulations. The parking and loading regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for parking and loading subject to additional requirements as prescribed by these regulations. Sec A-I Airport Industrial Mixed Use District. A. Intent. The intent of the A-I Airport Industrial Mixed Use District is to provide for airport and airport-related uses in a manner that protects airport operations from encroachments and land use conflicts. This district accommodates the ongoing operational and expansion needs of the airport, including office, retail, dining, lodging (temporary-only), hangars, airplane storage, runways and other, similar uses. In the A-I District, no building, structure, land or premises shall be used or hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types authorized by this section. All uses shall be subject to the development and performance standards set forth in these regulations. B. Permitted Uses. In addition to those uses listed in , the following uses are permitted by right, provided they meet the height, lot, design and other criteria of this district and these regulations: 1. Runways & taxiways 2. Navigational aids 74

186 3. Federal Aviation Administration (FAA) approved operational aids 4. General agriculture, excluding feedlots and keeping of farm animals 5. Terminal operations, to include related ticketing and office uses, baggage handling and restaurants 6. Fixed base operations, including charter, agricultural spraying and flight school operations 7. Hangars, maintenance and storage 8. Retail businesses and offices where all activity is inside a building and which emit no electrical or radio interference 9. Light to medium manufacturing operations where the entire operation is conducted within a building and providing no raw materials or manufactured products are stored outside 10. Vehicle rentals and associated vehicle storage 11. Aircraft and vehicle fueling station for support of airport operations C. Conditional Uses. The following uses are permitted in the A-I District pursuant to obtaining conditional use permit approval by the City of Hutchinson Governing Body, and upon recommendation of the Hutchinson Planning Commission. 1. Temporary living quarters, including short-term stay housing for pilots and passengers, provided said stays shall not exceed 14 days duration. Conditional Use Permits shall be approved in accordance with the provisions of of these regulations. E. Temporary Uses. The following temporary uses may be permitted provided a temporary use permit is obtained and said use is eliminated on or before the expiration date of the permit. 1. Fly-ins 2. Festivals 3. Farmer s markets 4. Retail sales 5. Air shows 6. Aircraft demonstrations Temporary use permits shall require approval by the Airport Manager, or designee. F. Accessory Uses. Buildings and uses customarily incidental to the permitted or conditional uses specified in this section shall be permitted, including public works facilities, maintenance garages and storage facilities. 75

187 G. Height and Lot Requirements. Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard Other principal uses 5, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall. Rural StreetRural Street Front Yard Setback Table State Arterial Street Collector Street Residential Street HighwayState Non-Residential Residential (Public or Private) Highway N/A N/A 25 N/A N/A 10 N/A 30 th Avenue Corridor H. Miscellaneous Provisions. Supplemental regulations including, but not limited to, signs, parking, landscaping and fences shall be applied as required in Articles VII, VIII and IX of these regulations, and as follows: 1. Parking. Parking requirements shall be determined based upon the use type. For use types not listed in , the following standards shall apply: a. Commercial Hangars. One per employee on maximum shift, plus two. b. Private Hangars. Two parking spaces. 2. Landscaping. Landscaping shall conform with the requirements of the industrial development standards. 3. Fencing. Maximum fence height shall be eight feet, plus the required height for barbed wire, as needed for security purposes. Section 2. That the existing Article IV. Site Plan Review, of Chapter 27 of the Hutchinson City Code is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. 76

188 PASSED BY THE GOVERNING BODY, this 21 st day of August, 2018, for the City of Hutchinson, Kansas. ATTEST: Steven A. Dechant, Mayor Karen Weltmer, City Clerk 77

189 EXHIBIT 4 Introduced: August 7, 2018 Passed: August 7, 2018 Published: August 10, 2018 ORDINANCE NO AN ORDINANCE AMENDING CERTAIN SECTIONS OF ARTICLE IX. SUPPLEMENTAL REGULATIONS, OF CHAPTER 27 OF THE CODE OF THE CITY OF HUTCHINSON, KANSAS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. That Section Self-Service Storage Facilities (Mini Warehouses), of Chapter 27 of the Code of the City of Hutchinson be repealed. Section 2. That Section Material Storage Yards, of Chapter 27 of the Code of the City of Hutchinson be amended to read as follows: Sec Material Storage Yards. Material storage yards may be utilized in connection with the retail sales of products sold on the premises and where storage is incidental to the primary business of the store, provided: A. All products and materials used or stored are in a completely enclosed building or enclosed by an approved solid wall or fence. B. Storage of all materials and equipment shall not exceed the height of the wall and not extend into the front yard beyond the front building line. C. Storage of motor vehicles used in connection with the permitted trade or business is permitted within the storage yard, but not including storage of heavy equipment such as road-building or excavating equipment. Such storage shall not include motor vehicle repair or salvage uses. Section 3. That Section Portable Storage Units for Long-Term of Permanent Use. of Chapter 27 of the Code of the City of Hutchinson be repealed. effect. Section 4. That all other sections of Chapter 27 shall remain in full force and Section 5. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper.

190 PASSED BY THE GOVERNING BODY, this 21 st day of August, 2018, for the City of Hutchinson, Kansas. Steven A. Dechant, Mayor ATTEST: Karen Weltmer, City Clerk

191 EXHIBIT 5 Planning Commission Staff Report Public Hearing: August 14, 2018 DATE: July 20, 2018 TO: FROM: THROUGH: SUBJECT: Hutchinson Planning Commission Amy Allison, AICP Senior Planner Jim Seitnater Director of Planning & Development ZA Proposed Zoning Ordinance Amendments: Table of Land Use Categories, Zoning Districts, R-6 Infill Residential District, & Definitions REQUEST: Request for Planning Commission public hearing and recommendation to City Council of proposed amendments to the City of Hutchinson Zoning Regulations pertaining to the Table of Land Use Categories, Zoning Districts and Definitions Staff Recommendation: Staff recommends approval of the proposed amendments. See Exhibits A through C. Motion: Motion to recommend (approval, modification and approval, tabling and returning to staff for further work, denial) to City Council of proposed changes to the City of Hutchinson Zoning Regulations pertaining to the Table of Land Use Categories, Zoning Districts and Definitions COMPREHENSIVE PLAN CONFORMANCE: The Comprehensive Plan contains the following goals, strategies and narrative pertaining to the table of land use categories: Goal: G.1.7.a. Hutchinson has a friendly and predictable development process that generates attractive developments. Strategies: S.1.7.a.1. Revise the City s zoning ordinance to reduce the number of uses to broad use categories. S.1.7.a.2. Revise the City s zoning ordinance to reduce the number of uses requiring special permitting and to include mitigation measures for as many uses a possible as part of the regulations. Comprehensive Plan Narrative: 1. Table of Land Use Categories. When the City adopted the 2011 zoning regulations, a table containing more than 300 land use categories was included. Despite the myriad of uses, applicants frequently propose uses that are not contained in the land use table. Due to the narrowness of the list, it can be difficult even finding a similar use and 1 of 4

192 ZA Zoning Amendment Public Hearing PC Meeting of 8/14/2018 this can lead to conflicts with applications. The table is also not internally consistent. Retail sales, for example, are classified according to what product is sold, not the size of the store or potential impacts. 2. Public Hearings. The 2017 zoning regulations contain 281 uses that require public hearings prior to approval. Under state statute, public hearings must provide a 20-day notice in the newspaper and to surrounding property owners. A good ordinance can minimize the need for special permitting, reduce staff workload and, most importantly, speed development. Special permitting would then only be needed for the most hazardous use types. Flowchart for obtaining a Conditional Use Permit BACKGROUND: Table of Land Uses & Definitions In February 2011, the City of Hutchinson adopted new Zoning Regulations, including the current Table of Land Use Categories. The table has more than 300 classifications of uses and has proven to be internally inconsistent, as well as cumbersome to use. In Fall 2017, Planning Staff held a Study Session with City Council to discuss updating the Table and outlined the proposed process. City Council endorsed moving forward. A steering committee comprised of Planning Commissioners and a representative from the Chamber of Commerce provided oversight and input for the process. Meetings were held, as follows: Steering Committee Members: Tommy Hornbeck, Daryl Peterson, Valerie Roberts-Ropp, Debra Teufel Meeting Date Topic 12/19/2018 Residential Use Table 1/17/2018 Commercial Use Table Part One 3/6/2018 Commercial Use Table Part Two 3/28/2018 Industrial & Other Uses Development Review Committee Members: Amy Allison, Tony Arpin, Aaron Barlow, Paul Brown, Michael Cain, Brian Clennan, Bruce Colle, John Deardoff, Meryl Dye, Jennifer Lang, Trent Maxwell, Jana McCarron, Jeff Peterson Meeting Date Topic 1/30/2018 Residential Use Table 2/13/2018 Commercial Use Table Part One 3/13/2018 Commercial Use Table Part Two 4/24/2018 Industrial & Other Uses 2 of 4

193 ZA Zoning Amendment Public Hearing PC Meeting of 8/14/2018 Planning Commission Meeting Date Topic 6/26/2018 Study Session Other Sean Thomas & Justin Combs Parks Uses 3/28/2018 R-6 Residential Infill Zoning District In 2015, the City of Hutchinson and the Hutchinson Land Bank sponsored an Infill Development Study by graduate students from the University of Kansas College of Architecture. The outcome of the study identified potential uses for vacant land, primarily south of 11th Avenue, as well as some conceptual designs for residential infill projects. During the Comprehensive Plan, reducing regulatory barriers to infill development was identified as a strategy for Based on the information provided by the Infill Development Study and further research by Staff, an implementation plan was created to address regulatory constraints to rehabilitating infill lots. Barriers have been identified and recommendations are provided in the Implementation Plan (Exhibit D). Based on comments received during the review of the Plan, a zoning district has been created and the area identified for adoption that addresses the issues of infill development for residential properties, also known as the R-6 Residential Infill Zoning District. Important meeting dates for the development of the Infill Study Implementation Plan include: Infill Study Steering Committee Members: Todd Carr, Tommy Hornbeck, Mark Eaton, Dan Garber, Ryan Patton and Lucas Soltow Meeting Date Topic 10/27/2018 Chapters /5/2018 Chapters 5-8 1/10/2018 Proposed R-6 Tour City Commission Review Meeting Date Topic 1/9/2018 Hutchinson Land Bank 1/30/2018 Development Review Committee 1/31/2018 Housing Commission 2/6/2018 Planning Commission 2/20/2018 City Council Town Hall Meetings (Public Review) Meeting Date Topic 4/10/2018 Southeast District 4/24/2018 Southwest District ANALYSIS: Table of Land Uses & Definitions Zoning protects the health, safety, welfare, morals and aesthetics of the community. The practice of basing zoning regulations on uses is known as Euclidian Zoning. Like uses are classified as Residential, Commercial, Industrial, etc. Most communities in the United States use Euclidian Zoning because it is relatively easy to understand and is what was included in the Standard Zoning Enabling Act passed in The pitfalls of Euclidean Zoning are that it can be rather rigid and inflexible. Euclidean Zoning has a tough time dealing with mixed-uses, which was the way many cities 3 of 4

194 ZA Zoning Amendment Public Hearing PC Meeting of 8/14/2018 traditionally developed. If your use is not allowed in the zone, you must rezone your property. And, for the most part, Euclidean Zoning regulations ignore design or give it a brief nod. To address this issue, some cities have adopted zoning regulations that stress design (form) over use (function), also known as Form-Based Codes. While the proposed changes are not considered Form-Based Codes, they attempt to combine the best parts of Euclidean zoning (separation of incompatible uses) with the flexibility found in form-based codes. The proposed use tables include Design Standards for many of the uses involved. Exhibits A contain the proposed Use Tables. In addition to allowing uses in more locations with design requirements to mitigate any negative impacts, the definitions chapter has been updated to define any new uses added. Uses or terms that have been removed from the table have been removed from the definition chapter. See Exhibit B. R-6 Residential Infill Zoning District As mentioned above, the R-6 Residential Infill Zoning District was recommended in the Infill Implementation Plan. The Plan outlined the zoning district standards including setbacks, lot coverage, density, allowing Accessory Dwelling Units and other items. The district standards can be found in Exhibit A. A map identifying the area in which the R-6 Zoning District is proposed to go has been included in Exhibit E. The Plan also promoted changing the interpretation for metal accessory structures. Sec G.8. requires that all exterior building materials and colors shall be similar to the principal building and shall be commonly associated with residential construction. The Planning Department s interpretation has been that metal would not be permitted if the principal structure was not constructed of metal. Requests for metal accessory structures at the front desk are very common and based on the overwhelming support of metal structures during the Town Hall meetings the City should amend its interpretation of this regulation. See Exhibit F. Sec & 915 An ordinance repealing Sections and (Exhibit C) have been included due to those design requirements being included in the proposed Table of Land Use revisions. DEVELOPMENT REVIEW COMMITTEE: Several Development Review Committee meetings were held to review the proposed use tables. See Background. NEXT STEPS: The following schedule is proposed. August 21, 2018 City Council Adoption EXHIBITS: A Redline - Zoning Districts B Redline - Definitions C Redline - Amendments to Supplemental Regulations D Infill Development Implementation Plan E Proposed R-6 Rezone Map F Redline Accessory Structures 4 of 4

195 EXHIBIT A Sec Zoning Districts. Article IV. Zoning Districts The following zoning districts are established in the City of Hutchinson as provided by K.S.A. (1991 Supp.) , et. seq. The City herein establishes regulations that restrict the location, bulk, density and use of buildings and land within each zoning district. The designation of the zoning districts and development of the associated regulations were based on surveys and studies of past and present uses of property and upon the City's Comprehensive Plan. Zoning districts shall be designated as follows: TA Transitional Agricultural Rural District R-1 Single Household Suburban Residential District R-2 Single Household Residential District R-3 Moderate Density Residential District R-4 Residential Neighborhood Conservation District R-5 High Density Residential District R-6 Infill Residential District MH Manufactured Home Subdivision District MP Manufactured Home Park District P/I Public and Institutional District C-1 Office Commercial District C-2 Neighborhood Commercial District C-3 Outdoor Commercial District C-4 Special Commercial District C-5 Downtown District CR Commercial/Residential District EN Established Neighborhood District I-1 Light Industrial District I-2 Industrial District I-3 Heavy Industrial District AE Adult Entertainment District PUD Planned Unit Development District A-I Airport Industrial Mixed Use District Overlay Districts GATE Gateway Corridor Overlay District AH Airport Hazard Overlay District HP Historic Preservation Overlay District FP Floodplain Overlay District Sec Zoning Map. A. The boundaries of zoning districts shall be recorded on the zoning map, which is hereby made a part of these regulations. In case uncertainties arise regarding boundaries on the zoning map, it shall be construed that boundaries are intended to follow the:

196 1. City limits; 2. Centerlines of roads, streets, alleys or public rights-of-way; 3. Lot lines, parcel boundaries or property lines; 4. Section, half-section or quarter-section lines; 5. Centerlines of the main tracks of railroad lines; 6. Centerlines of creeks, streams, rivers or drainage channels; or 7. Specific distances from a street line or other physical feature, when so indicated on the map. B. The zoning map and all notations, dimensions, references and symbols shown thereon pertaining to the zoning districts shall be as much a part of these regulations as if fully described herein and shall be filed as part of these regulations. The zoning map shall be available for public inspection in the Hutchinson Planning and Development Department, and any later alterations of the zoning map adopted by amendment as provided in these regulations shall be filed and made available for public reference. Any property not specifically classified on the zoning map shall be classified in a timely manner. Sec General Rules Governing All Zoning Districts. Except as hereinafter provided: A. Land shall only be used for the purposes permitted in the district in which it is located. B. Buildings shall be erected, converted, enlarged, reconstructed, moved or structurally altered, and any building or part thereof shall be used according to the regulations of the district in which the building is located. C. Buildings erected, converted, enlarged, reconstructed, moved or structurally altered shall comply with the yard, off-street parking, exterior lighting, height, off-street loading, parcel area, dimensions and other regulations herein established for the district in which the building is located. D. If a use in any structure is hereafter changed to another use then the new use shall comply with these regulations. E. Those uses that would otherwise be allowed in a zoning district in an existing building but which cannot meet one or more of the following development standards and conditions shall be permitted with an administrative exception. Exceptions shall be limited to the minimum amount needed to facilitate redevelopment: 1. Landscaping Existing, developed properties that have no room for placement of additional landscaping. 2. Parking Existing, developed properties where the newly proposed use has a lesser or the same parking standard as the former use of the property. 2

197 3. Paving Existing, developed properties where the existing parking lot is unpaved shall be allowed to be paved with asphalt millings with slurry seal rather than concrete or asphalt, which is the requirement for new construction. 4. Screening of mechanical equipment Existing, developed properties which have unscreened mechanical equipment shall not be required to screen mechanical equipment. 5. Dumpster screening Existing, developed properties with unscreened dumpsters shall not be required to screen dumpsters as long as the dumpster is not readily visible from the public right-of-way. D. Sec Uses Permitted by Right, Uses Permitted by Conditional Use Permit, Uses Permitted by Special Use Permit and Uses Not Permitted. In any given zoning district, some land use types are allowed by right, some uses are permitted pursuant to meeting design standards, and some land use types are allowed after a conditional use permit or special use permit is issued. Buildings, structures, land and premises shall be used and buildings and structures shall be hereafter erected in accordance with the use types allowed in each zoning district. Land use types permitted by right, permitted pursuant to meeting design standards, land use types permitted by conditional or special use permit and land use types not permitted in each zoning district are listed in Sec , Table of Land Use Categories, which is made a part of these regulations. Although a land use may be permitted in a specific district, land uses are permitted to locate on a parcel only if they fully comply with all other applicable sections of these regulations. Sec Table of Land Use Categories Explanation. The Table of Land Use Categories found in Sec of these regulations is a listing of uses that may be allowed in each of the zoning districts. Land use types are grouped into specific land use categories in the table. The land use categories are later listed in each of the zoning district sections in lieu of specific use types. If a land use category is listed in a specific zoning district section, this does not mean that every use in that land use category is allowed. One must refer to the specific use types in the table to determine whether or not a particular use is permitted within a specific zoning district. The various uses within Sec are classified as: permitted (P); allowed pursuant to meeting established design standards (D); allowed upon approval of a conditional use permit (C); allowed upon approval of a special use permit (S); or not allowed (-). (N). Special use permits are heard and decided by the Board of Zoning Appeals. Conditional use permits are heard by the Planning Commission, who makes a recommendation to the City Council, who in turn makes the final decision. Design standards and those uses listeds permitted by right are reviewed administratively by City Staff. 3

198 The table in Sec D. also lists accessory uses which may be allowed or not allowed in each zoning district. The list of accessory uses can be found at the end of the table. Uses of land not listed in the Table of Land Use Categories are not necessarily excluded. The zoning administrator shall be empowered to make interpretations of land use categorical similarity. Exception: The Airport Industrial Mixed Use District (A-I) is not included in the Table of Land Use Categories. Please refer to for the permitted, permitted by special use permit and permitted by conditional use permit uses associated with the A-I district. 4

199 ` Sec Table of Land Use Categories. Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Agricultural Uses Agriculture Agricultural buildings for general agricultural use P P P P P - and Related Agricultural chemicals, fertilizer, anhydrous C C C C - Sales and Services ammonia storage and distribution Agricultural feed mixing and blending, seed sales and P P P P - grain handling operations Agricultural implement and vehicle sales and service C P S - - P P P - Agricultural processing C C C C - Agricultural research farms C Agricultural sales and services P Community gardens P P P P P P P P P P P P P P P P P P P - Equestrian centers and stables P Farm wineries C General agriculture P P P P P - Horses and other noncommercial livestock on P P residential lots Residential Uses Household Ground floor housing in a commercial building C C C - Living Manufactured homes, Residential-design P P P P P P P - P C C C C C - C Manufactured homes, Single-wide or Double-wide P P Manufactured home parks P Multiple family dwellings C P - - P P P P P P P S Single family attached dwellings / Townhomes C P P - - P P C C C C C C Single family detached dwellings P P P P P P P - P C C C C C - C Two family dwellings / Duplexes / Twin homes - - C C P P - - P C C C C C C Upper story housing C C P Residential Adult care homes C C C C C C - - P P C C C C C Commercial/ Adult family homes C C C C C C - - P P C C C C C Institutions Assisted living facilities C C C C C C - - P P S S S S S S Bed and breakfasts C - C C C C - - P C C C C C C Boarding and rooming houses C - C C C C - - P C C C C C C Convents C - C C C C - - P P C C C C C Dormitories C C C C C C - - P P C C C C C Emergency shelters C - C C C C - - P C C C C C C Fraternity and sorority houses C C C C C C - - P P C C C C C Group boarding homes C C C C C C - - P C C C C C C Hospices C C C C C C - - P S S S S S S S Monasteries C C C C C C - - P P C C C C C Nursing homes C C C C C C - - P C C C C C C Retirement homes C C C C C C - - P P S S S S S S Transitional housing C C C C C C - - P C C C C C C Institutional and Civic Uses 5

200 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Community Services and Civic Uses Treatment, Rehabilitation and Incarceration Facilities Day Care and Educational Institutions Public Parks and Open Space Public and Private Utilities Animal shelters (public) C C P C C C C C C P P P - Bus/transit garages C P C C C C C - P P P - Cemeteries P P Churches, synagogues, temples and similar uses P C C C C C C C P P P P P P P C Columbarium P P P S S S S S Community centers and buildings P C C C C P P P C C C C C Fire and rescue facilities P C C C C C C C P P P P P P P P P P P - Fraternal organizations C C C - - P P P P P P P C S S S - Governmental offices and necessary secondary uses P P P P P P P P P P P P - Hospitals C C P P P P P P C Law enforcement centers including office spaces and C P P P P P P P P P P P - holding areas Libraries and museums P P P P P P P P P C C C - Planetariums P P P P P P P P P Senior citizen centers P C C C C C C - P P P P P P P P Correctional facilities (public) C C C C C C Drug and alcohol rehabilitation centers C C C C C C Half-way houses - C C C C C C C C C C C Jails C Juvenile detention centers C Prisons C Adult day care facilities C C C C C C C - C P P P P P P P Child care centers S - - C C C S - S S S S S S S - S S S - Colleges and universities C C C C C C - - C P C C C C C Licensed day care homes and licensed group day care S C C C C C S S S S S S S S S S S S S - homes (as a principal use) Licensed day care homes and licensed group day care P P P P P P P P P P P P P P P P P P P - homes (as a home occupation) Preschools C C C C C C S - S S S S S S S S Public and private schools (K-12) C C C C C C - - C P C C C C C C Trade, career and technical schools - C C C C C - - C P C C C C C C C C C - Arboretums P C P Athletic fields P C C C C C C C C C C C C C C C C C C - Dog parks (not racing) P C C C C P C C C C C C C C C - Nature centers P P Public parks, trails, picnic areas and playgrounds P P P P P P P P P P C C C C C C C C C - Public pools and water parks P C C C C C C C C P C C C C C C State Fair grounds P State Parks P P P P P P P P P P P P P P P P P P P - Amateur radio towers and antennae taller than 50 feet S S S S S S S S S S S S S S S S S S S S see Sec Amateur radio towers and antennae 50 feet and below P P P P P P P P P P P P P P P P P P P P see Sec Natural gas depots C Oil exploration and extraction C

201 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Public works facilities and related storage and C P C C C C P C P P P - maintenance garages Radio and tower transmitters (no offices) C C C C C C C C C C C C C C C C C C C C Telecommunication Facilities C C C C C C - - C C C C S S C C P P P C Wind energy conversion systems (small) see Sec. C C C C C C C C C C C C C C C C C C C C Wind energy conversion systems (commercial/utility grade) see Sec C C C C C C C C C C C C Wireless telecommunication facilities and equipment Refer to Section , Wireless Communication Facilities. see Sec Retail, Services and Commercial Uses Adult Uses Adult entertainment C Animal Care Animal boarding, animal shelters and kennels P C - - S P P S - P P P - Pet cemeteries S P P P - Pet crematoriums S P P P - Pet grooming P C - - P P P P S P P P - Pet training P C - - S S S S S P P P - Veterinary clinics and hospitals P C - C C C C C C P P P - Business and Building maintenance and cleaning services S S - - P P P P P P P P - Household Copying, printing, mailing and packaging services S - - P P P P P P P P - Services Lawn, garden and yard maintenance services S S P P P P - Locksmiths and key duplication S - - P P P P P P P P - Pest control services S S P P P - Small appliances and household equipment repair S S P P P P P P P - Financial Services Food And Beverage Services Well drilling or septic tank cleaning services S S P P P - Banks P - P P P P P P Brokerages P - P P P P P P Credit unions P - P P P P P P Insurance offices P S P P P P P P S S - - Financial advisory services P S P P P P P P S S - - Specialty loan services P - P P P P P P Banquet and reception facilities S - P P P P P P Brew pubs and micro-breweries S S S P Catering services P - P P P P P P Class A clubs C C C - - P P C C P P P S S S S - Class B clubs C S P P C Coffee houses and coffee shops P - - P S P P S Coffee kiosks S S P P S Demonstration kitchens (not catering) P - S P P P P Donut and pastry shops P - - P P P P S Drinking establishments, taverns and bars S S P Restaurants with drive-in service or drive-through S S S S S windows Restaurants with no drive-in service and no drivethrough P P P P S windows 7

202 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA General Commercial Antiques and collectibles stores P - - P P P P P Art galleries P - P P P P P P Arts and crafts stores P - - P P P P P Artisan shops P - - P P P P P Bicycle sales and services P - - P P P P P Book stores, and music and musical instrument stores P - - P P P P P Bridal sales and services P - - P P P P P Camping equipment sales P P P P Candy stores, candy makers and kitchens P - - P P P P P Clothing, accessories, and costume sales and rental P - - P P P P P Computer hardware and software sales P - - P P P P P Crematoriums C C C C C - P P P - Dance studios and schools P P P P P P P P Department stores C P P Drug stores and pharmacies C - - P P P P C Dry cleaners C - - P P P P C P P P - Electronics and appliances sales and service C - - P P P P Equipment sales and rental businesses (indoors) C - - P P P P Exercise equipment sales P - - P P P P Fabric and sewing supply stores P - - P P P P P Firearms and ammunition sales C C C Florists P - - P P P P P Food store, including bakeries, meat lockers, P - - C P P P C butchers, deli, and specialty markets, but not a fullservice grocery Funeral homes and mortuaries C P P P C C P P P - Garden center C C P P P Gift stores, novelty and souvenir stores P - - P P P P P Glassblowers P P P P S P P P Grocery stores and supermarkets C - - C C P P C Hair salons, barber shops, beauty salons and nail P - C P P P P P salons Hardware stores C - - C P P P C Heating and cooling sales and services C P P P - P P P - Home furnishings stores, including paint and wall P C P P C P P P - coverings, lamps and lighting, flooring materials and draperies Kitchenware sales P - - P P P P P Lawn and garden equipment sales and service C C P P P Martial arts studios and schools P P P P P P P P Massage therapy, health spas and day spas P - C P P P P P Newspaper and magazine sales stands P P P P P P P P P P P P - Office supplies and furniture sales C - - P P P P

203 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Specialized Commercial Pawn shops with no outdoor sales or storage P P P P Pet stores C - - P P P P C Photographic equipment and supplies P - - P P P P Pottery stores P - - P P P P Religious books, cards and articles stores P - - P P P P P Secondhand stores, thrift stores and consignment P - - P P P P stores Self-service laundry and Laundromats P - - C C P P C Shoe stores and shoe repair P - - P P P P P Sporting goods stores P - - P P P P Tattoo artists and body piercing P - - P P P P P Toy and game stores P - - P P P P P Upholstery shops P - - C P P P C P P P - Video, movie and game rental and sales P - - P P P P P Warehouse club sales C P P Billiard halls P P P Brick and tile sales C P P P - P P P - Building materials sales C C C - - P P P - Bus and train depots including ticket sales P - - C C C - P P P - Commercial greenhouses C C C C - P P P - Concrete and cinder block sales C C C - - P P P - Convenience stores C C C C - C C C - Drive-in theaters P C - - P P P - Equipment sales and rental (outdoors) C C C - P P P - Fencing dealers C C C C - P P P - Gasoline filling stations C C C - C C C - Hot tub and spa sales C P P P - P P P - Liquor stores P P P Lumber yards (indoor or outdoor) C C - - P P P - Manufactured home sales C C - - P P P - Monument sales P P C - P P P - Motels and hotels C C C P Movie theaters C C C Nurseries and related retail sales C C C - P P P - Pawn shop with outdoor sales or storage C C Performance theaters and auditoriums C C P Swimming pool sales P P P - P P P - Taxi stands P P P P P - P P P - Tobacco stores P P P P C Truck stops C C - - C P P - Medical Uses Chiropractor offices C P S P P P P P P P P P - Dental offices including orthodontics C P S P P P P P P P P P - 9

204 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Doctor offices (medical) C P S P P P P P P P Medical clinics including general practice and C P S P P P P P P P P P - specialty care Rehabilitation facilities including out-patient services C P S C C P P P P P P P - Office Uses Accountant and investment counseling P S P P P P P P S S S - Business offices and call centers P S P P P P P P S S S - Consultant offices P S P P P P P P S S S - Contractors offices with no equipment storage P S P P P P P P P P P Counselors, psychiatrists, psychologists and social P S P P P P P P S S S - workers offices Design offices including architects, engineers, P S P P P P P P S S S - community planners, landscape architects, land surveyors and interior designers Lawyer/attorney offices P S P P P P P P S S S - Insurance and real estate agencies and offices P S P P P P P P S S S - Optical sales and services P S P P P P P P S S S - Photographic studios C P S P P P P P P S S S - Radio and television studios (not transmitter towers) C C S S S P P P C S S S - Utility and telephone company offices P - S S P P P C S S S - Recreational Amusement parks C C C C Commercial Bingo parlors C - - C P P P Bowling alley C C P P Commercial stables C C C C - Commercial swimming pools C - - C C C C Public and private golf courses C C C - C C C C C Golf driving ranges C C C - C C C C Gun clubs C C C C - Gymnasiums (other than school) C C - C P P P C C C C - Health clubs and spas including YMCA and YWCA C C - C P P P C C C C - Miniature golf courses C C - - C P P C C Race tracks C C P P P - Recreational vehicle parks (RV parks) C C C - - Roller and ice skating rinks C - - C C P C C C C C - Sports arenas C C C C - C C C - Stadiums C C C C - C C C - Video arcades P - - P P P P C Vehicular Commercial Boat dealers, sales, rental and leasing P P C - P P P - Motor vehicle repair, painting and body shops C C C C - C C C - Motor vehicle dealers, sales, rental and leasing C P P P - P P P - Motor vehicle washes, self-services or automatic C C C C - C C C - Motorcycle dealers, including moped and scooters P P P - P P P - Recreational vehicle sales and rentals P P C - P P P - 10

205 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Industrial Uses Research and Development Warehousing and Storage Contractors, Contractor Yards, Storage and Supply Large Contracting and Materials Manufacturing Food Processing and Manufacturing Clothing and Textile Manufacturing Mining and Excavation General research facilities C C C P - Scientific research laboratories C C C P - Bulk materials or machinery storage (fully enclosed) P C C - P P P - Bus garages and bus repair shops C C C - - C C P - Self-service storage facilities (mini warehouses) P C C - P P P - Storage facilities and outdoor storage yards S C C - P P P - Truck terminals/motor freight terminals C C P - Vehicle, trailer, recreational vehicle and boat storage S C C C - P P P - Warehouses and distribution centers S C - C P P - Wholesale businesses and storage S C C - C P P - Carpenters S C - P P P - Carpet and rug cleaning plants S P P P - Carport and storage building sales S C C - - P P P Contractors offices with indoor equipment storage S P P P - P P P - Contractors offices with outdoor equipment storage S C - - P P P - yards (excluding heavy machinery) Contractor s storage yards (excluding asphalt or S P P P - concrete mixing) Non-commercial garages and hobby shops P P P P - Trade shops (including cabinet makers) P C C C - P P P - Asphalt and concrete contractors C C P - Concrete products manufacturing C C P - Excavating contractors C C P - Highway and street construction companies C C P - Manufactured home construction C C P - Prefabricated buildings and components C C P - manufacturing Wrecking and demolition contractors C C P - Food and beverage products processing and P P P - manufacturing, excluding breweries Carpet, rug and mat manufacturing C P - Cleaning of rugs, carpets and mats C P - Clothing manufacturing C - - C P - Dyeing of garments, rugs and other textiles C P - Shoes and footwear manufacturing C - - C P - Textile mills C P - Yarn, threads and cordage manufacturing C P - Brick, firebrick and clay products manufacturing C - Monument and architectural stone manufacturing C - Quarries C - Salt mining C - 11

206 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Machinery and Vehicle Manufacturing Metal Processing, Stamping Metal Processing, Forging, Fabrication (Hazardous) Wood Products Manufacturing General Manufacturing (Low Hazard) Sand and gravel extraction C - Sand, lime and stone products manufacturing C - Agricultural or farm implement manufacturing C - Automobile, truck trailer, motorcycle, motor vehicle C - and bicycle assembly Boat manufacturing C - Farm machinery manufacturing C - Trailer, carriage and wagon manufacturing P - Metal extrusion, rolling, fabrication, stamping and C P - forming Metal products manufacturing C P - Foundries C - Galvanizing or plating (hot dip) C - Iron (ornamental) fabrication C - Metal and metal ores, reduction, refining, smelting, C - alloying and rolling mills (non-ferrous) Steel works and rolling mills (ferrous) C - Structural iron and steel fabrication C - Welding C C P - Basket and hamper (wood, reed, rattan, etc.) C P P - manufacturing Furniture manufacturing C P P - Lumber and millwork manufacturing C P P - Aerospace, aircraft and aircraft parts manufacturing C P Appliance manufacturing C P P - Cosmetics and toiletries manufacturing C P P - Electronics manufacturing C P P - Firearms (but not ammunition) manufacturing C P P - Machinery manufacturing C P P - Musical instruments manufacturing C P P - Office machine manufacturing C P P - Paper, paperboard and pressed or molded pulp goods C P P - manufacturing Pharmaceutics manufacturing C P P - Photographic equipment supplies manufacturing C P P - Plumbing supplies manufacturing C P P - Pottery and porcelain products manufacturing C P P - Printing and publishing plants C - C P P - Railroad equipment manufacturing C C P - Shipping container (corrugated board, fiber or wire C P P - bound) manufacturing Solar panel manufacturing C P P - Sporting and athletic goods manufacturing C P P - 12

207 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA General Manufacturing (High Hazard) Tool, die, gauge and machine shops C P P - Tools and hardware product manufacturing C P P - Toys and games manufacturing C P P - Vitreous enameled product manufacturing C P P - Wallboard, sheetrock and plaster, insulation and C P P - composite flooring manufacturing Wind turbine manufacturing C P P - Abrasive wheels, stones, paper, cloth and related C - products manufacturing Adhesives manufacturing C - Animal slaughtering, processing and packing C - Biofuels manufacturing C - Boiler manufacturing C - Breweries and distilleries C - Fertilizer manufacturing (organic or inorganic) C - Glass products manufacturing C - Grain elevator and storage facilities C C - Junkyards C C - Landfills C - Livestock feed preparation C - Motor testing (internal combustion motors) C - Motor vehicle graveyards and impoundment lots C C - Oilcloth, oil-treated products, and artificial leather C - manufacturing Oils, shortenings and fats (edible and non-edible) C - rendering, processing and storage Pharmaceutical products manufacturing C - Petroleum, gasoline or lubricating oil refining and C - wholesale storage Petro chemical manufacturing C - Plastic materials and synthetic resins manufacturing C - Railroad switching and classification yards, C - roundhouses, repair, and overhaul shops Recycling centers C C - Rendering and storage of dead animals, offal, garbage C - or waste products Roofing materials, building paper and felt C - manufacturing Rubber products, tire and tube manufacturing and C - vulcanizing Salvage yards, scrap yards and salvage operations C C - Storage battery manufacturing C - Waste recovery facilities commercial, industrial and C - residential 13

208 Use Category Use Type ZONING DISTRICTS AE I-3 I-2 I-1 CR C-5 C-4 C-3 C-2 C-1 P/I EN MP MH R-5 R-4 R-3 R-2 R-1 TA Accessory Uses Wood preserving treatment C - Barbeque grills and barbecue pits P P P P P P P P P P P P P P P P P P P - Barns P P Collection bins, free-standing P - - P P P - P P P - Decks, patios, pergolas and gazebos P P P P P P P P P P P P P P P P P P P - Fuel storage P C P P P - Fuel tanks and dispensing equipment P P P P P P P P P P P - Garages and carports P P P P P P P P P P P P P P P P P P P P Gardens P P P P P P P P P P P P P P P P P P P - Grain storage bins P P Hobby activities P P P P P P P P P P P P P P P P P P P - Keeping of pets (non-commercial) P P P P P P P P P P P P P P P P P P P - Multi-modal shipping containers P P P - Non-commercial greenhouses P P P P P P P P P P P P P P P P P P P - Non-commercial shops (including hobby P P P P P P P P P P P P P P P P P P P - woodworking and hobby repair) Offices P P P P P P P P P P P P P Outdoor kitchens P P P P P P P P P P P P P P P P P P P - Parking of motor vehicles, RV s and small trucks P P P P P P P P P P P P P P P P P P P P Playgrounds and recreation equipment P P P P P P P P P P P P P P P P P P P - Portable storage units (long-term or permanent) C C C - P P P - Propane tanks for household utility fuel P P P P P P P P P P P P P P P P P P P - Silos P P P - Stables P P Stock trailers and horse trailers P P P P P - Storage of farm materials, products and equipment P P P P P - Storage sheds P P P P P P P P P P P P P P P P P P P P Swimming pools, hot tubs and accessory equipment P P P P P P P P P P P P P P P P P P P - (private) Tennis courts (private) P P P P P P P P P P P P P P P P P P P - 14

209 ` USE CATEGORY Specific Use HOUSEHOLD LIVING, AS LISTED BELOW: TA R 1 R A. Use Table Residential RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 3 R 4 R 5 R 6 MH MP RESIDENTIAL C 1 C 2 C 3 C 4 C 5 I 1 I 2 I 3 A 1 C R E N P/I Design Standards and Use Restrictions* Accessory dwelling unit N D D N D N N N N N N N D N See A.1. Compact development / economy home N N N N D D D N N N N N N N See A.2. & A.3. Cottage court N N D D D D N N N N N N N N See A.4. Live/work unit N N N N N N N N S D N N S N See A.5. Manufactured home (residential design) D D D D D D N D S N N N S N See A.6. Manufactured home (certified) N N N N N N D N N N N N N N See A.7. Multi unit living N N D D D N N D D D N N D D See A.8. Non ground floor dwelling (loft) N N N N N N N N S D N N N N See A.9. Single unit living D D D D D D N D S D N N S D See A.10. Two unit living S S D D D D N D S D N N S N See A.11. CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED BY FEDERAL LAW: S S S D D S N D D S N N S N See A.12. Assisted living S S S D D S N S S D N N S S See A.12. Dormitory, fraternity, sorority S S S D S S N N N D N N S N See A.13. Emergency Shelters D D D D D N N P P P N N P D C See A.14 Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements *Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec A.1. through Sec A.13, the provisions of this Section shall prevail. 15

210 ` A.1. Accessory Dwelling Unit (ADU) Design Standards & Use Restrictions One accessory dwelling unit per residential zoning lot is permitted where the following design standards and use restrictions are met. Accessory dwelling units shall: a. ADUs shall be a minimum of 400 square feet and a maximum of 960 square feet and shall not exceed 50% of the size of the principal structure. In the R 3 District, the maximum size may be increased to 1200 square feet, but not more than 50% of the size of the principal structure. b. be permitted only in the side or rear yards. An ADU shall not project into the front yard or into the required side street front yard. c. be separated from adjacent residential properties by a minimum 6 foot privacy fence that meets the requirements of this Article. d. have a minimum of one, paved off street parking rear yard privacy fence (6 foot tall) accessory dwelling paved parking (3 spaces minimum, unless R-6) space dedicated for the use of residents of the ADU. This parking space shall be in addition to required parking for the principal dwelling. Those parking spaces with access only from an unpaved alley shall be allowed to be gravel, in accordance with the provisions of Sec C. In the R 6 Zoning District, the parking requirement may be reduced to one per dwelling unit. e. be permitted only on zoning lots where the property owner resides in either the principal dwelling or ADU. f. be constructed of materials typically found in residential construction and compatible with the principal structure. g. have separate kitchen, sleeping, restroom and bathing facilities located within the ADU and not shared with the primary dwelling. h. meet all other setback and coverage requirements of the zoning district. i. meet the requirements of the adopted Hutchinson Residential Building Code A.2. Compact Development Design Standards & Use Restrictions Compact development is permitted on residential zoning lots where the following design standards and use restrictions are met. Compact development shall: a. provide a minimum of 1 paved off street parking space per dwelling unit. b. be permitted to have access from a private street, as long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per lot. d. provide separate connections to City utilities from each house. Composting toilets are not permitted. e. be comprised of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood. principal dwelling Accessory Dwelling Unit. Diagram is for illustrative purposes only. 16

211 A.3. Economy Home Design Standards & Use Restrictions One economy home is permitted per residential zoning lot as the principal use where the following design standards and use restrictions are met. Economy homes shall: a. be setback from the front property no farther or closer than the average of the adjacent residential properties. b. be placed on a permanent foundation and be served by City water, sewer and other utilities. Composting toilets and gray water units are not permitted. c. be a minimum of 400 square feet in area and a maximum of 800 square feet in area. Homes larger than 800 square feet shall follow the requirements of Sec A.11., single unit residential, unless an ADU. d. provide a minimum of 1 paved off street parking space per unit. e. be composed of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood A.4. Cottage Court Design Standards & Use Restrictions Cottage court residential development is permitted on residential zoning lots where the following design standards and use restrictions are met. Cottage court development shall: a. provide a minimum of 1 paved off street parking space per dwelling unit. b. be permitted to have access from a private street, so long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per development. Cottage Court Design. Diagram is for illustrative purposes only A.5. Live/Work Unit Design Standards & Use Restrictions Live/work unit residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Live/work units shall: a. provide a minimum of 1 paved off street parking space per dwelling unit in addition to the required parking spaces for the commercial use. b. contain no more than one residential unit per commercial unit. c. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson s adopted building and fire codes. d. contain separate cooking, restroom, bathing and sleeping quarters from those provided as part of the commercial use. e. maintain the character of the surrounding neighborhood. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 17

212 A.6. Manufactured Home (Residential Design) Design Standards & Use Restrictions Manufactured home (residential design) units shall be permitted on residential zoning lots where the following design standards and use restrictions are met. Manufactured home, residential design units shall: a. be HUD certified with a date no older than June 15, 1976, pursuant to 42 USC b. contain no more than one residential unit per residential zoning lot. c. meet the requirements of Sec d. be placed on a permanent foundation. e. be permitted to have one, paved off street parking space per unit, if located in the R 6 Infill Residential District A.7. Manufactured Home (Certified) Design Standards & Use Restrictions Mobile homes units shall be permitted on properties where the following design standards and use restrictions are met. Mobile home units shall: a. be HUD certified with a date no older than June 15, 1976, pursuant to 42 USC b. be permitted only as part of an approved mobile home park in accordance with the provisions of of this Article. c. Non certified manufactured homes shall not be moved into the City s zoning jurisdiction nor from one manufactured home park or subdivision to another A.8. Multi unit Living Design Standards & Use Restrictions Multi unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Multi unit living shall: a. provide a minimum of 1 paved off street parking space per dwelling unit. In the R 6 District, no more than 50% of the required parking spaces shall be permitted in the front yard. b. provide additional parking and open space, if the development exceeds 10 units, as follows: 1) provide one additional, off street parking space for each 30 units above 10 to accommodate employee parking. 2) provide a minimum of 200 square feet of outdoor recreational area/open space per dwelling unit unless located within 1500 feet of a public park. The open space requirement may be reduced to 100 square feet per dwelling unit for those units that are equipped with a minimum 100 square foot balcony or patio. c. contain a minimum of 3 dwelling units per zoning lot. d. In the R 6 District, a special use permit is required if the number of units exceed A.9. Non ground Floor Dwelling (Loft) Design Standards & Use Restrictions Non ground floor dwelling (loft) residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Non ground floor dwelling units shall: a. provide a minimum of 1 paved off street parking space per dwelling unit in addition to the required parking spaces for the commercial use unless exempted under L. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 18

213 b. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson s adopted building and fire codes. c. contain separate cooking, restroom, bathing and sleeping quarters for each unit. These shall be in addition to any such facilities that are part of the commercial use. d. not detract from the commercial character of the structure nor promote conversion of the commercial structure to a primary residential unit A.10. Single unit Living Design Standards & Use Restrictions Single unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Single unit living shall: a. provide a minimum of 2 paved, off street parking spaces per dwelling unit. Those units that are economy homes or are located in the R 6 Residential Infill District shall be permitted to have 1 paved off street parking space per unit. b. have a maximum of one dwelling unit per residential zoning lot unless the property meets the zoning and other requirements for an accessory dwelling unit under Sec A.1. c. Zero lot line development shall comply with Sec d. Single unit living shall be permitted in the P/I Zoning District as accessory to a primary use A.11. Two unit Living Design Standards & Use Restrictions Two unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Two unit living development shall: a. provide a minimum of 2 paved, off street parking spaces per dwelling unit, unless located in the R 6 Residential Infill District. b. have separate water, sewer and other utility services for each unit, unless both units are attached to one another and located on the same zoning lot. c. have a maximum of 2 dwelling units per zoning lot A.12. Congregate Living Design Standards & Use Restrictions Congregate living is permitted on residential zoning lots where the following design standards and use restrictions are met. Congregate living shall: a. provide a minimum of 0.5 paved, off street parking spaces per resident. Those developments exceeding 10 residents shall provide one additional parking space for each 30 units above 10 to accommodate employee parking. No more than 50% of the required parking spaces shall be permitted in the front yard if located in a residential zoning district. b. provide outdoor open space/recreational area in accordance with Sec A A.13. Dormitory, Fraternity and Sorority Design Standards & Use Restrictions Dormitory, fraternity and sorority developments are permitted on residential zoning lots where the following design standards and use restrictions are met. Dormitory, fraternity and sorority developments shall: Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 19

214 a. provide a minimum of 1 paved, off street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts b. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use A.14. Emergency Shelter Emergency Shelters are permitted on residential zoning lots where the following design standards and use restrictions are met. Emergency shelter developments shall: a. be limited to 10 persons or fewer. b. provide a minimum of 1 paved, off street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts. c. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use. d. be permitted with design requirements in the P/I Zoning District. If occupancy is greater than 10, a Conditional Use Permit is required. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 20

215 ` TA R 1 R B. Use Table Commercial RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 3 R 4 MH MP USE CATEGORY Specific Use R 5 R 6 C 1 C 2 C 5 P/I Design Standards & Use Restrictions 1 COMMERCIAL ADULT ENTERTAINMENT N N N N N N N S N S S N N See B.1. ANIMAL SERVICES, EXCEPT AS LISTED BELOW: Boarding / Shelter / Veterinary Services and Animal Hospitals H H N H N P P P P N N P N 21 C 3 C 4 I 1 I 2 I 3 A I C R E N See & Ch 7 of this Code D N N N N N N D N N N N D See B.2. Stables D N N N N N N N N N N N N See B.3. EATING & DRINKING ESTABLISHMENTS, EXCEPT AS BELOW: N N D D N P P P P N D D D See B.4. Bar/Tavern N N N N N N N P P N N N P See Ch 18, Alcoholic Liquors & Beverages Class A Club N S S S N P P P P P P D P See B.5. Drive In/Thru restaurant N N N N N N N D D N N D N See B.6. Mobile vendor park N N N N N D D D D D D D D See B.7. MEDICAL CARE, INCLUDING OFFICE, EXCEPT AS BELOW: N N N N N P P P P N N P P Extended care facility N N D N N P P P D N N P P Hospital N N N N N N N P D N N P P See B.8. OFFICE, GENERAL N N N N N D D P P D D P P See B.9. PARKING FACILITIES: Accessory P P P P P P P P P P P P P See E. & See 27 Principal use N N N N N P P P P P P P P 702. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through

216 USE CATEGORY Specific Use TA R 1 R 2 R 3 R 4 Sec B.33. the provisions of this Section shall prevail. RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 5 R 6 MH MP C 1 C 2 C 3 C 4 C 5 I 1 I 2 I 3 A I C R E N P/I Design Standards & Use Restrictions 1 COMMERCIAL (CONT D) PUBLIC, INSTITUTIONAL & CIVIC FACILITIES, EXCEPT AS BELOW: D D D D D P P P P P P P P See B.10. Cemetery D N N N N N N D N N N N D See B.11. Cremation D N N N N N D D N N N N D See B.12. Child or adult day care center / Day care home (not owner occupied only) S S S S N D D D D D D D D See B.13. & Day care home (owner occupied only) H H H H H H H H H N N H N See Detention center N N N N N N N C N N C N C See B.14. Large scale assembly (20,000 sq. ft.) S S S S N D D D D N N S D See B.15. RECREATIONAL & ENTERTAINMENT FACILITIES, AS LISTED BELOW: Passive recreation and small scale active recreation (< 1 acre) D D D D D P P P P P P P P See B.16. Active recreation (1+ acres) and athletic fields D D D D D D D D D N N D P See B.17. Stadiums N N N N N N D D D N N D D See B.18. Commercial recreation and entertainment, including movie theatres, drive in theatres and motorized recreation N N N N N N D D D D D D D See B.19. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 22

217 USE CATEGORY Specific Use TA R 1 R 2 R 3 R 4 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 5 R 6 MH MP C 1 C 2 COMMERCIAL (CONT D) REPAIR, EXCEPT VEHICLE REPAIR: H H H H N D D D D D D D D RETAIL RENTAL & SALES: C 3 C 4 C 5 I 1 I 2 I 3 A I C R E N P/I Design Standards & Use Restrictions 1 See B Ammunition / Firearms / Gunsmiths N H H H N N N D D N N N N See B.21. Large (> 18,000 SF) N N N N N N N D D N N N N See Medium ( ,000 SF) N N N N N N N P P N N P N Outdoor retail sales N N N N N D D D D N N D N See B.22. Small (up to 3000 SF) N N N D N P P P P D D P D See B.23. TRANSIENT ACCOMMODATIONS Bed & breakfast D D D D N D D D D N N D N See B.24. Recreational Vehicle Park N N N N N N N C N C N N N See Hotel, Motel, Extended Stay N N D N N D D P P N N D N See B.25. SERVICES (PERSONAL), EXCEPT AS BELOW: H H H H H P P P P D D P D Dry cleaner N N N N N N P P P N N P N STORAGE, SELF SERVICE N N N N N N D D N D D D N UTILITIES, EXCEPT AS BELOW: P P P P P P P P P P P P P See B.26. See B.27. [Repeal section ] Wind Energy Conversion Systems * * * * * * * * * * * * * *See Wireless Communication Facilities (Public ROW) D D D D D D D D D D D D D See B.28. Wireless Communication Facilities (Private property) ** ** ** ** ** ** ** ** ** ** ** ** ** **See Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 23

218 USE CATEGORY Specific Use TA R 1 R 2 R 3 R 4 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 5 R 6 MH MP C 1 C 2 C 3 C 4 C 5 I 1 I 2 I 3 A I C R E N P/I Design Standards & Use Restrictions COMMERCIAL (CONT D) VEHICLE SALES, SERVICE AND STORAGE, EXCEPT AS NOTED BELOW: N N N N N P P P P N N P N Boat / RV storage N N N N N N N D N D D N N See B.29. Car wash, light medium duty vehicles N N N N N D D D D D D D D See J. Fueling station N N N N N N D D D D D D D See Inoperable vehicle storage, accessory use N N N N N N N D D D D D D See B.31. Motor vehicle repair (light medium) N N N N N N N S S S S S D See B.32. Truck stop N N N N N N N D N D D N N See B.33. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 24

219 7 406.B.1. Adult Entertainment Design Standards & Use Restrictions Adult entertainment uses shall be permitted in the zoning districts noted in Table B., pursuant to meeting the required design and use criteria below: a. No adult entertainment use may be located within 1000 feet of another adult entertainment use, regardless of whether such use is located in the same facility or separated facilities. b. No adult entertainment use shall be located within 1000 feet of any residential zoning district. c. No adult entertainment use shall be located within 1000 feet of any bar or tavern. d. No adult entertainment use shall be located within 1000 feet of an existing church, place of worship, child care center or educational institution. e. Measurements shall be made from the nearest point of the property line to the nearest point of property line along a straight line. f. No adult entertainment use shall have merchandise or activities visible from any point outside of the structure/building containing the use. g. No adult entertainment use shall have any material, including signage, that depicts, describes or relates to sexual activities visible from any point outside of the building/structure containing the adult entertainment use B.2. Animal Services: Boarding, Shelter, Veterinary Services and Animal Hospitals Design Standards & Use Restrictions Animal boarding, shelter, veterinary services and hospitals shall be permitted as indicated in Table B., pursuant to meeting the following requirements: a. All commercial or public animal boarding, sheltering, veterinary services and animal hospitals shall be conducted within a completely enclosed, soundproofed and air conditioned building. b. Household pets, including cats and dogs, may be exercised in a designated and fenced area outside the building with an attendant present. c. All outdoor runs or exercises areas shall be hard surfaced or grass. d. In the TA District, facilities for boarding and sheltering shall be located not less than 100 feet from any property line and 150 feet from any residential (not TA) zoning District. The minimum property size shall be 5 acres. See Sec J. e. Animal boarding, sheltering, veterinary services and animal hospitals shall not be permitted in the R 1 and R 2 Zoning Districts B.3. Animal Services: Stables, Design Standards & Use Restrictions Animal stables shall be permitted as indicated in Table B., pursuant to meeting the following requirements. a. Stables shall be allowed in the TA District only and shall be located not less than 100 feet from any property line and 150 feet from a residential (not TA) district. The minimum property size shall be 5 acres. See Sec J.2 3. b. In the TA District, public and private riding academies shall be permitted, provided the property is a minimum of 10 acres in size. c. Stables shall not be allowed in the R 1 or R 2 Zoning Districts B.4. Eating and Drinking Establishments (General) Design Standards & Use Restrictions Eating and drinking standards (general) shall be permitted as indicated in Table B., pursuant to meeting the following requirements. a. Such establishments shall be permitted as accessory uses only in the R 5, A I and P/I Zoning Districts. b. Eating and drinking establishments (general) located in the R 6 and EN District shall be permitted on corner lots where there is sufficient off street parking located at the side or rear of the building to meet the requirements of Sec of this Chapter. c. Outdoor dining shall not be permitted in the R 6 or EN Zoning Districts B.5. Class A Club Design Standards & Use Restrictions 25

220 Class A Clubs shall be permitted as indicated in Table B., pursuant to meeting the following requirements. a. Class A Clubs shall be permitted as indicated in Table B., except that such establishments shall not be permitted in the R 3 Zoning District. b. Class A Clubs located in the R 6 and EN District shall be permitted on corner lots where there is sufficient offstreet parking located at the side or rear of the building to meet the requirements of Sec of this Chapter. c. Outdoor dining shall not be permitted in the R 6 or EN Zoning Districts B.6. Eating and Drinking Establishments (Drive thru) Design Standards & Use Restrictions Eating and drinking establishments (drive thru) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Order boxes and stacking drives shall not be located in the front or side street front yard. b. The nearest point of the drive thru operation, including the drive thru lane, menu board and service windows, shall be at least 50 feet from the boundary of an adjacent residential zoning district unless separated by an alley or soundproofing wall. c. If located in the C 5, Downtown District, the maximum building setback shall be 10 feet B.7. Mobile Vendor Parks Design Standards & Use Restrictions Mobile vendor parks shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Mobile vendor parks shall be permitted to operate on private property (with consent of the property owner) for a maximum period of 120 days on a given property. b. Each mobile vendor shall be separated from other mobile vendors by a minimum distance of 25 feet. c. Signs advertising individual mobile vendors shall be physically attached to the food truck from which they operate. d. All food and drinks shall be distributed from a mobile vendor truck and not from freestanding tents or tables. e. Mobile vendor parks shall be located a minimum of 150 feet from any residential zoning district. f. Mobile vendor parks shall be located a minimum of 150 feet from an existing restaurant, as measured from the property line. g. Mobile vendor parks shall not occupy required off street parking areas nor obstruct required drive aisles or fire lanes. h. Mobile vendor parks shall be required to obtain a permit from the Zoning Administrator prior to the commencement of operations. Said permit application shall be accompanied by a site plan showing the layout of the park, serving areas, parking areas, pedestrian access areas, drive aisles and seating areas. i. All mobile vendors shall have utility hookups that are approved by the Chief Building Official. j. It shall be the responsibility of the mobile vendor park manager to ensure all mobile vendors possess: a) Current driver s license and current motor vehicle registration; b) Proof of liability insurance coverage; c) Proof of current food establishment inspection from the Kansas Department of Agriculture; d) Proof of valid sales use tax registration of tax exempt identification. k. Mobile vendor parks shall require site plan approval from the City of Hutchinson. Individual vendors shall not require a temporary use permit, provided the above provisions are met. l. No overnight parking of mobile vendor vehicles shall be allowed. m. The foregoing shall not apply to special events sponsored by the City of Hutchinson B.8. Extended Care Facility and Hospital Design Standards & Use Restrictions Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 26

221 Extended care facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Visiting hours for extended care facilities located in the R 5 District shall be restricted to the hours from 6 AM to 9 PM. b. Extended care facilities shall be located no closer than 100 feet to schools, churches and parks. c. Ambulance entrances shall be located no closer than 300 feet to an adjacent residential use. d. Helipads shall be allowed for hospital uses only. Helipads shall be located a minimum of 300 feet from adjacent residential uses or zoning B.9. Office Design Standards & Use Restrictions Offices shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. In the I 1, I 2, I 3 and A I Districts, offices shall be permitted as accessory uses only. b. In the C 1 and C 2 zoning districts, office buildings shall not exceed 3000 square feet gross floor area B.10. Public, Institutional & Civic Facilities (General) Design Standards & Use Restrictions Public, institutional and civic facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood. b. Outdoor storage of materials and equipment shall be limited to those public, institutional and civic uses located in the industrial and airport zoning districts. Said storage areas shall be screened in accordance with Sec C.12. c. Those uses that involve heavy equipment and machinery shall comply with the provisions of Sec B.11. Cemetery Design Standards & Use Restrictions Cemeteries shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. The property shall consist of not less than 5 acres of land in a single tract or parcel not intersected or divided by any street, alley or property belonging to any other owners. b. The property shall have at least a 500 foot frontage on an arterial or collector roadway, unless the property contains only a columbarium or mausoleum and not in ground internment. c. The entrance and exit shall be directly to and from an arterial or collector roadway. d. The property shall have a wall or fence at least 4 feet in height along the perimeter of the cemetery use B.12. Cremation Design Standards & Use Restrictions Cremation shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Cremation shall be permitted only as an accessory use to a cemetery, columbarium, funeral home or mausoleum B.13. Child or Adult Day Care Center / Day Care Home (Not Owner Occupied) Design Standards & Use Restrictions Child or Adult Day care centers and Day care homes (licensed group) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 27

222 a. Child day care center uses shall be screened from adjacent residential uses by a 6 foot privacy fence in locations where said fencing is allowed. b. Day care center uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure. c. Premises shall meet the requirements of Kansas Statute and the City of Hutchinson s adopted building and fire codes. d. Child day care center uses shall be permitted as an accessory use in all non residential zones where child day care centers are allowed B.14. Detention Center Design Standards & Use Restrictions Detention centers shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Detention centers shall be permitted as an accessory use to law enforcement centers only for those facilities located in the C 3 and C 4 Zoning Districts and shall not comprise more than 50 percent of the facility. b. Detention centers shall be permitted as a principal use in the P/I and I 3 districts only, pursuant to meeting the following criteria: 1) Detention centers shall be located a minimum distance of 1,000 feet from a residential zoning district unless separated by said district by an arterial roadway or state highway. 2) Minimum property size shall be 10 acres. 3) Buildings and exercise yards shall be setback a minimum of 30 feet from property lines B.15. Large Scale Assembly (20,000 sq. ft.) Design Standards & Use Restrictions Large scale assembly uses shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood and shall be a minimum of 15 feet from property lines. b. Setbacks for structures shall be a minimum of 25 feet from the property line when located in residential zones B.16. Passive Recreation and Small scale Active Recreation (< 1 acre) Design Standards & Use Restrictions Passive recreation and small scale active recreation (< 1 acre) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. In residential zoning districts, uses shall be limited to parks, trails, picnic areas and playgrounds. b. Lighting shall be limited to low level, path lighting in the residential zoning districts. c. Commercial facilities shall not be permitted in residential zoning districts B.17. Active Recreation (1+ acres) and Athletic Fields Design Standards & Use Restrictions Active recreation (1+ acres) and athletic fields shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. In residential zoning districts, uses shall be separated from adjacent residential properties by a six foot screening fence. b. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. c. Parking lot and facility lighting shall be permitted in all districts except residential districts, where low level path lighting shall be allowed. d. Lighting shall not exceed the maximum lighting requirements allowed by Sec and shall be no taller than 75 feet. Lighting taller than 75 feet shall require special use permit approval by the Board of Zoning Appeals. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 28

223 e. Concession stands and permanent restroom facilities shall be permitted as accessory uses except in those areas located in residential zoning districts. Said facilities shall be setback a minimum of 10 feet from property lines. f. Portable restroom facilities shall be located a minimum of 50 feet from property lines. g. In residential zoning districts (other than TA), the maximum facility size shall be limited to three acres. h. Bleachers shall be permitted, provided that the maximum capacity shall be 100 per field in residential districts and 400 per field in other districts. Fields with capacities exceeding these amounts shall be classified as stadiums. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 29

224 B.18. Stadiums Design Standards & Use Restrictions Stadiums are permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Lighting shall meet the illumination requirements of Sec b. Light standards shall have a maximum light standard height of 75 feet, unless Special Use Permit approval is obtained c. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. d. Concession stands and permanent restroom facilities shall be setback a minimum of 10 feet from property lines. e. A six foot screening fence shall be required to separate the use from adjacent residential uses or zoning districts. This requirement can be waived in cases where a public street separates the uses/districts B.19. Commercial Entertainment, including Movie Theatres and Drive In Theatres and Motorized Recreation Standards & Use Restrictions Commercial recreation and entertainment, including movie theatres, drive in theatres and motorized recreation are permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Facilities in the C 2 District shall be limited to no more than 5000 square feet. b. Drive in theatres shall: 1) be permitted only in the C 4, I 1, I 2 and I 3 Zoning Districts. 2) have screens no taller than 40 feet and shall be located a minimum of 1,000 feet from any residential use or zoning district. Screens shall be oriented away from adjacent roadways to the greatest extent possible. 3) have paved (concrete, asphalt) driveways and drive aisles. Parking pads shall be permitted to be gravel. 4) have in vehicle sound systems only. Exterior speakers shall not be permitted. c. Motorized recreation, including radio controlled devices, shall be setback a minimum of 300 feet from adjacent residential zones or uses. d. Drone parks shall be permitted only in industrial zoning districts (I 1, I 2 and I 3) and the P/I zoning district outside of the City s restricted airspace area B.20. Repair, Except Vehicle Repair Standards & Use Restrictions Repair, except vehicle repair, is permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Outdoor storage of repaired items or items to be repaired shall be prohibited. b. In the industrial and airport zoning districts, sales shall be an accessory and incidental use and shall consist primarily of repaired items. c. In the C 1 and C 2 zoning districts, repair services shall be limited to buildings containing 3000 square feet gross floor area or less B.21. Ammunition and Firearms Sales Design Standards & Use Restrictions Ammunition and firearms sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. All state and federal permits shall be obtained. b. In the residential zoning districts, gunsmithing shall be permitted as a Home Occupation. Sales of ammunition shall be prohibited. Internet sales of firearms shall be permitted B.22. Outdoor Retail Sales Design Standards & Use Restrictions Outdoor retail sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 30

225 a. Outdoor retail sales display areas shall be located outside of required drive aisles, fire lanes and required parking spaces. b. Outdoor retail sales shall be located outside of the required setback area, and shall be located not closer than 20 feet to any property or right of way line, whichever is greater, unless located in the C 5 Zoning District. c. Outdoor retail sales shall not obstruct any means of ingress or egress to the building B.23. Small (<3000 SF) Retail Sales Design Standards & Use Restrictions Small (<3000 SF) retail sales shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. In the R 6 Zoning District: 1) small retail sales shall be permitted in only in an existing building on a corner lot that has sufficient offstreet parking to meet the standards of Sec Parking shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood unless parking is already located in the front. 2) Exterior illuminated signage and exterior lighting shall be prohibited. 3) Only wall or projecting signage shall be permitted. The maximum size for wall signage shall be 20% of the building face. The maximum size for projecting signage shall be 20 square feet. b. Small retail sales shall be permitted as an accessory use only in the industrial and airport zoning districts B.24. Bed & Breakfast Design Standards & Use Restrictions Bed & breakfasts shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. The establishment shall be operated by the owner of the dwelling unit, who shall live on the property. b. The minimum floor area shall be 2500 square feet. c. The maximum number of guest rooms shall be 3. Bed and breakfasts with more than 3 units are considered bed and breakfast inns and shall comply with the requirements in Sec B.24.h. d. Food service shall be provided for resident guests only, unless located in a commercial zoning district. e. Bed & breakfast facilities located in residential zoning districts shall not offer rooms or space for receptions, parties, meetings or other similar events, which are open to non resident guests. f. Signage shall meet the requirements for Home Occupations. g. Parking in residential zoning districts shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood. h. Bed and breakfast inns. Bed and breakfast establishments with 4 or more guest rooms are considered bed and breakfast inns. The following standards shall apply: 1) A bed and breakfast inn shall have a full time resident manager or owner on the site and shall be licensed by the State of Kansas to do business. 2) A bed and breakfast inn shall only be permitted on properties located adjacent to arterial or collector roadways B.25. Hotel, Motel and Extended Stay Design Standards & Use Restrictions Hotel, motel and extended stay facilities shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Hotel, motel and extended stay facilities located in the R 5, C 1, C 2, C R and EN Districts shall be limited to two stories and 20 rooms. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 31

226 b. In the R 5, C 1, C 2, C R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted B.26. Personal Services Design Standards & Use Restrictions Personal services shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Personal services shall be permitted pursuant to obtaining a Home Occupation Permit in the Residential Zoning Districts. See Sec for prohibitions. b. In the R 5, C 1, C 2, C R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted. c. Personal services shall be permitted as an accessory use only in the industrial and airport zoning districts. d. In the R 5, C 1 and C 2 zones, personal convenience services shall be limited to 3000 square feet gross floor area and no external automated teller machines or drive through windows shall be allowed B.27. Storage, Self Service Design Standards & Use Restrictions Storage, self service shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Unit doors shall not face the street or be visible from the public right of way unless separated from the right ofway by a landscaped berm or screening fence. b. Storage unit doors shall be setback from adjacent residential districts by a minimum distance of 50 feet unless screened with berms, landscaping or fencing. c. Storage unit spaces shall not be used for retail, wholesale, office or service uses. Nor shall they be used for workshops, hobby shops, manufacturing, car repair or similar uses. Human occupancy shall not be permitted. d. Fencing shall not include barbed wire or razor wire, except in industrial zoning districts, including A I. Said fencing shall be permitted in areas not adjacent to the public right of way or a residential zoning district. e. In commercial zoning districts, including C R and EN, up to 25 percent of the site may be used for outdoor storage of operational recreational vehicles and watercraft. Such storage areas shall not be located directly adjacent to any public right of way or residential zoning district and shall be screened in accordance with Sec E. f. In industrial zoning districts, including A I, up to 50 percent of the site may be used for the storage of operational vehicles, commercial vehicles and watercraft. Such storage areas shall not be located directly adjacent to any public right of way or residential zoning district and shall be screened in accordance with Sec E B.28. Wireless Communication Facilities (Public Right of Way) Design Standards & Use Restrictions Wireless communication facilities (public right of way) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Wireless communications facilities located in the public right of way shall be exempt from zoning and shall be no taller than 40 feet in height. b. Wireless communications facilities located in the public right of way shall submit an application to the City of Hutchinson Planning & Development Department for review and comment by the City Engineer, Director of Public Works, Assistant City Manager and Chief Building. c. Those wireless communications facilities located in the public right of way that are in or adjacent to a property listed on the local, state or national register shall be reviewed for compliance with the Secretary of the Interior s Standards for Rehabilitation and the City of Hutchinson s Preservation Ordinance B.29. Boat/RV Storage Design Standards & Use Restrictions Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 32

227 Boat/RV Storage shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Storage areas shall be located a minimum of 25 feet from the front property line, unless within an enclosed building. b. Storage areas shall be screened from the public right of way and from adjacent residential zoning districts by a solid, 6 foot tall fence. c. See Section B.27. for Boat/RV Storage as an accessory use to self service storage. d. Storage shall be on asphalt or concrete in commercial zones. Industrial zones shall be permitted to have storage on a graveled, dust free surface B.30. Fueling Station Standards & Use Restrictions Fueling stations shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Pumps shall be setback a minimum of 35 feet from the front property line. b. Fuel canopies shall meet the minimum setbacks of the zoning district. c. Service islands shall meet the requirements of J B.31. Inoperable Vehicle Storage (Accessory Use) Design Standards & Use Restrictions Inoperable vehicle storage (accessory use) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Inoperable vehicle storage areas (accessory use) shall be permitted as an accessory use to legally permitted auto repair uses. b. All inoperable vehicle storage areas (accessory use) shall be located a minimum of 25 feet from any residential zoning district. c. No more than six inoperable vehicle or 10% of the lot coverage, whichever is less, shall be stored on the premises at any given time. d. All stored inoperable vehicles shall be screened from view of the public with a minimum 6 foot fence, as provided for in A. e. Accessory inoperable vehicle storage areas legally established prior to adoption of this article, shall have one year from the date of adoption to comply with the setback, number and screening requirements of b d above. Any inoperable vehicle (accessory) storage areas not in compliance with this article within the one year timeframe shall have their legal nonconforming status, if any, revoked. The following regulations shall apply: 1) The Director of Planning and Development or designee shall notify the property owner in writing of any deficiencies that exist. Said notice shall include a photo of the property, determination of needed corrections and a deadline for repair. 2) Those properties not corrected within 365 days of adoption of these regulations shall be deemed in violation and appropriate enforcement measures will commence B.32. Motor Vehicle Repair (Light Medium) Design Standards & Use Restrictions Motor vehicle repair (light medium) shall be permitted in the zoning districts noted in Table B., pursuant to meeting the following requirements. a. Motor vehicle repair (light medium) shall include repair of all vehicles not classified has commercial vehicles, buses or large trucks by B, as well as repair of outboard boat motors, riding lawn mowers and other engine repair. b. All vehicle repair shall be conducted entirely within an enclosed building. c. Outdoor storage of parts and tires shall be prohibited. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 33

228 d. Outdoor storage of inoperable vehicles shall comply with B B.33. Truck Stop Design Standards & Use Restrictions Truck stops shall be permitted in the zoning districts noted in Table B., pursuant to meeting the required design and use criteria below: a. In commercial zoning districts, the following shall be prohibited: 1) Vehicle repair of commercial trucks. b. Fuel pumps shall be located a minimum of 40 feet from the public ROW, as well as from adjacent property lines. c. Fuel pumps shall be located a minimum of 50 feet from adjacent residential property lines or uses. d. Overnight parking shall be setback a minimum of 300 feet from adjacent residential property lines or uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted H=Home Occupation Only D=Permitted with Design Requirements 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec B.1. through Sec B.33. the provisions of this Section shall prevail. 34

229 ` C. Use Table Industrial & Other RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER TA C R R 3 MH C 3 I 1 I 3 USE CATEGORY R 1 R 5 R 6 C 1 C 2 C 5 P/I Design Standards & R 4 MP C 4 I 2 A I E N Specific Use R 2 Use Restrictions 1 INDUSTRIAL AND OTHER USES AGRICULTURAL USES, EXCEPT AS BELOW: D D D D D D D D D D D D D See C.1. Agricultural chemical manufacture or storage / Agricultural product N N N N N N N N N D D N N See C.2. processing or storage Community gardens D D D D D D D D D D D D D See C.3. Agricultural equipment sales and service N N N N N N N D N D D N N See C.4. Agricultural sales, including onsite N D D D D D N N N N N N product sales D N See C.5. Feedlots N N N N N N N N N N N N N RESEARCH AND DEVELOPMENT See C.6. N N N N N N N N N D P N C See CONTRACTORS, AS DENOTED BELOW: Offices H H H H H D D D D P P D D Storage yards N N N N N N N D N D D D D Wholesale sales N N N N N N N N N D D N N HAZARDOUS MATERIALS MANUFACTURING / STORAGE N N N N N N N N N N C N N See C.7. See See C.8. See LANDFILL C C C C C C C C C C C C C See C.10. MANUFACTURING: Artisanal N N N N N N N D D D D D N See C.9.a. Light N N N N N N N N N D D N N See C.9.b. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 35 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail.

230 Heavy N N N N N N N N N N D N N C. Use Table Industrial & Other See See C.9. c. See TA R 1 R 2 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 3 R 4 MH MP USE CATEGORY Specific Use R 5 R 6 C 1 C 2 C 5 P/I Design Standards & Use Restrictions 1 INDUSTRIAL AND OTHER USES MINING / EXTRACTION C C C C C C C C C C C C C See C.10. Oil/Natural Gas N N N N N N N N N N N N N REPAIR (AIRCRAFT, RAILCAR & HEAVY VEHICLE) SALVAGE YARDS, INCLUDING AUTO SALVAGE STORAGE AND WAREHOUSES, EXCEPT SELF SERVICE, AND AS LISTED BELOW: C 3 C 4 N N N N N N N N N N S N N See C.10.a. N N N N N N N N N N C N N See N N N N N N N D N D D N N See C.11. Outdoor storage (accessory) N N N N N N N N N D D N N See C.12. TRANSPORTATION* Multi modal transfer station N N N N N N N N N N S N N Railyard N N N N N N N N N N S N N Motor Freight Terminal N N N N N N N N N S P N N *Refer to the A/I Airport Industrial Zoning District for specific regulations pertaining to the airport and related uses I 1 I 2 I 3 A I C R E N Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 36

231 C.1. Agricultural Uses (General) Design Standards & Use Restrictions Agricultural uses (general) shall be permitted as indicated in Table C., pursuant to meeting the following requirements: f. Farming and keeping of farm animals, as an established, legal nonconforming use, shall be permitted in all zoning districts. g. Keeping of domestic farm animals, where permitted, shall be limited to those quantities as specified in and of these regulations. h. See of these regulations for agricultural exemptions C.2. Agricultural Chemical Manufacture or Storage / Agricultural Product Processing or Storage Design Standards & Use Restrictions Agricultural chemical manufacture or storage / Agricultural product processing shall be permitted as indicated in Table C., pursuant to meeting the following requirements. d. Agricultural chemical manufacture or storage. 1) Chemical manufacture and storage shall be conducted entirely within an enclosed building. 2) Buildings used for chemical manufacture or storage shall be setback a minimum of 30 feet from property lines. e. Agricultural product processing or storage. 1) Animal slaughtering, processing and packaging shall be restricted to the I 3 Zoning District only and shall comply with the following: a) Storage of animals, animal products or byproducts, including hides, bones, tallow, etc., shall be conducted entirely within a fully enclosed building. b) All slaughtering and processing of animals shall occur within an enclosed building. 2) Outdoor storage of grain and other vegetable products shall comply with the requirements of the State of Kansas C.3. Community Gardens Design Standards & Use Restrictions Community gardens shall be permitted as indicated in Table C., pursuant to meeting the following requirements: a. Signage shall comply with the regulations for the underlying zoning district. b. Following discontinuance of a community garden use, the property shall be seeded with native grasses or turf and shall be maintained. All sheds, bed fencing, posts and other accessory materials and signs shall be removed within 180 days of discontinuance. c. Sheds for storage of implements and equipment shall be permitted. d. Onsite sales of produce shall comply with the provisions of F C.4. Agricultural Equipment Sales and Service Design Standards & Use Restrictions Agricultural equipment sales and service uses shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Equipment on display for sale shall not overhang the public right of way. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 38

232 b. All equipment offered for sale shall be in working condition. Sale or outdoor storage of inoperable equipment is prohibited C.5. Agricultural Sales, including Onsite Product Sales, Design Standards & Use Restrictions Agricultural sales, including onsite product sales, shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Temporary sales facilities shall be permitted in accordance with the requirements of F.3. b. Permanent sales facilities shall meet the off street parking and paving requirements for retail sales except that, in the TA Zoning District, surfacing materials shall be approved by the Director of Engineering. c. Permanent agricultural sales shall not be permitted in the R 1 or R 2 Zoning Districts C.6. Research and Development Design Standards & Use Restrictions Research and development shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted in I 1 and I 2 districts.. b. Research and development using hazardous or explosive materials, or products derived from hazardous or explosive materials, shall not be permitted in the I 1 and I 2 districts. c. Outdoor equipment storage shall be permitted pursuant to the provisions of C C.7. Contractors Offices, Contractors Storage Yards & Contractors Wholesale Sales Standards & Use Restrictions Contractors offices, contractors storage yards and contractors wholesale sales shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: n. Contractors offices only shall be permitted in the residential zoning districts noted pursuant to obtaining a Home Occupation Permit. No outdoor storage of materials, goods or equipment. Trailers may be parked in the rear yard, provided a 6 foot screening fence is installed. See for additional requirements. o. Contractors offices shall be permitted in Commercial, CR and EN zoning districts noted pursuant to meeting the following design standards: 1) Outdoor storage of materials, goods, equipment or trailers shall be limited to those districts allowed by Table C. 2) Outdoor storage areas shall meet the requirements of C.12 p. Contractors offices shall be permitted in Industrial, P/I and EN zoning districts, as noted, pursuant to meeting the standards below: 1) Outdoor storage shall comply with C.12. q. Contractors wholesale sales shall comply with requirements of C C.8. Hazardous or Explosive Materials Manufacturing / Storage Design Standards & Use Restrictions Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 39

233 Hazardous or explosive materials manufacturing / storage shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: e. All facilities, whether for storage or manufacturing, shall be located a minimum of 50 feet from property lines and 300 feet from any residential use or zoning district, any school, hospital, church or other place of public assembly. f. Outdoor storage of hazardous or explosive materials shall be prohibited. g. Outdoor equipment storage shall comply with the provisions of C C.9.a. Artisanal manufacturing Design Standards & Use Restrictions Artisanal manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted. b. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. c. The gross floor area for an artisanal use shall not exceed 5000 square feet C.9.b. Light Manufacturing Design Standards & Use Restrictions Light manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: d. Outdoor storage of materials, supplies or goods shall not be permitted. e. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. f. Outdoor equipment storage shall be permitted pursuant to the provisions of C C.9.c. Heavy Manufacturing Design Standards & Use Restrictions Heavy manufacturing shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: d. Outdoor materials, supplies, goods and equipment storage yards shall be meet the requirements of C C.10. Mining / Extraction Standards & Use Restrictions Mining and extraction shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. No new surface extraction shall be permitted. b. Subsurface extraction (mining) shall comply with the requirements of the Kansas Department of Health and Environment. c. High pressure liquid injection (fracking) shall not be permitted C.10.a. Repair (Aircraft, Railcar & Heavy Vehicle) Standards & Use Restrictions Repair (aircraft, railcar and heavy vehicle) shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 40

234 a. Repair activities shall be conducted entirely within an enclosed building. b. Vehicles, aircraft and railcars awaiting repair shall be permitted to be stored outside on a paved or graveled surface (or on rails), provided said area meets the requirements of C.12.d. f. c. Salvage operations shall not be permitted unless the appropriate State and City approvals are obtained C.11. Storage and Warehouses, Except Self Service Design Standards & Use Restrictions Storage and warehouses, except self service, shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: e. Storage buildings and warehouses shall be located a minimum of 10 feet from property lines. f. Storage and warehouses, as a primary use, shall be conducted entirely indoors C.12. Outdoor Storage (Accessory) Standards & Use Restrictions Outdoor storage shall be permitted in the zoning districts noted in Table C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of goods, materials, equipment and supplies shall be permitted as an accessory use only. b. Outdoor storage yards shall not exceed 75% of the total property area associated with the use. c. Outdoor storage yards shall be screened from the public right of way and adjacent residential uses/districts by a six foot screening fence. d. Outdoor storage of equipment, materials and supplies shall be on a dust free surface, to include gravel, asphalt millings with slurry seal or other, similar surface. e. Outdoor storage areas shall be located in the rear or side yards only and storage shall meet the setback requirements for buildings in the underlying zoning district. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec C.1. through Sec C.12., the provisions of this Section shall prevail. 41

235 ` D. Use Table Accessory Uses USE CATEGORY Accessory Structures (Decks, patios, pergolas, gazebos, non commercial greenhouses, detached garages, sheds, carports and similar structures) TA R 1 R 2 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER R 3 R 4 R 5 R 6 MH MP C 1 C 2 ACCESSORY USES 42 Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. C 3 C 4 C 5 I 1 I 2 I 3 A I C R E N P/I Design Standards & Use Restrictions 1 D D D D D D D D D D D D D See Sec Collection bins, free standing N N N N N D D D D D D D D See D.1. Fuel storage tanks; fuel storage and dispensing (non commercial) Grain storage bins and grain silos D N N D N N N N N N N N N N D D N D See D.2. N N N N N N N N D D N N See D.3. Home occupation D D D D D D D D D D D D D See Multi modal shipping containers / portable storage containers Offices N N N N N N N D N P P D P P H H H H H H P P P P P P P P See PSC are defined. We would need to amend , which allows them by CUP in the C 4, C 5 and EN right now.

236 Propane tanks for household utility fuel P P P P P P P P P P P P P RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER TA R 3 MH C 3 I 1 I 3 C R R 1 R 5 R 6 C 1 C 2 C 5 P/I Design Standards & R 4 MP C 4 I 2 A I E N USE CATEGORY R 2 Use Restrictions 1 ACCESSORY USES Storage of farm materials, products and P equipment N N N N N N N N N P P N N Except R 2. N Swimming Pool, Private P P P P P P P P N N N P P Large Truck or Trailer Parking N N N N N N N D N D D N N See Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 43

237 D.1. Collection bins, freestanding Design Standards & Use Restrictions Collection bins, freestanding shall be permitted as indicated in Table D., pursuant to meeting the following requirements: i. Bins larger than 64 cubic foot shall not be located in the front yard setback area. j. Bins that are intended to be accessible by a vehicle shall be placed on a paved surface. k. Bins shall not block required driveways, drive aisles or parking spaces D.2. Fuel storage tanks; fuel storage and dispensing (non commercial) Design Standards & Use Restrictions Fuel storage tanks; fuel storage and dispensing (non commercial) shall be permitted as indicated in Table D., pursuant to meeting the following requirements: a. Fuel storage tanks shall be located in the rear or side yards only and shall be setback a minimum of 20 feet from all property lines. b. Vehicular access to fuel storage and dispensing tanks shall be via a dust free, all weather surface approved by the City Engineer. c. Fuel storage tanks as a primary use shall not be permitted in the TA, R 1 or R 2 zoning districts D.3. Grain storage bins and grain silos Design Standards & Use Restrictions Grain storage bins and grain silos shall be permitted as indicated in Table D., pursuant to meeting the following requirements: a. Grain storage bins and grain silos not be located in the front yard setback area. b. Facilities shall meet the requirements of the Kansas Department of Health and Environment. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 44

238 Sec TA Transitional Agricultural Rural District. A. Intent. The intent of the TA Transitional Agricultural Rural District is to preserve and protect agricultural uses, open space and natural resource areas. The type and intensity of land uses authorized in this district are designed to accommodate agricultural operations on substantial acreage. Intense urban uses are premature and undesirable in this district due to the lack of infrastructure such as water, sewer and paved streets. This district provides for similar standards of residential, commercial and industrial development as required in other districts. In the TA 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 use types permitted in the TA District by right, pursuant to meeting established design standards, by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial Institutions; 4. Community Services/Civic Services; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; 8. Animal Care; 9. Business and Household Services; 10. General Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. General Manufacturing, High Hazard; and 15. Accessory Uses. C. Permitted Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 45

239 Permitted uses are allowed outright provided they meet the height and lot requirements for this district. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 46

240 D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the TA District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Acres) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor NA 1 The minimum setback shall be the greater of 40 feet from the property line or road right-of-way line or 73 feet from the centerline of a county road. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 47

241 J.C. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Private stables and facilities for housing animals and fowl for commercial purposes on at least 10 acres are allowed, provided that all buildings shall be no closer than 300 feet to any residential district. 3. Public and private riding academies on at least 10 acres shall be permitted, provided that no stable, building or structure in which horses or other animals are housed shall be nearer than 300 feet to any residential district. 4. A water well and septic system located on the same zoning lot shall require a minimum of five acres. Sec R-1 Single Household Suburban Residential District. A. Intent. The intent of the R-1 Single Household Suburban Residential District is to provide for very low density residential development with certain public facilities and infrastructure available now or in the future. Greater flexibility in design is needed to allow for the preservation of open space around buildings. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed. In the R-1 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 use types permitted in the R-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 48

242 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 49

243 C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-1 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses w/o public 3 acres (1) wastewater collection Principal uses with 1 acre (1) public wastewater collection Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 50

244 Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 51 City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be the greater of 40 feet from the property line or 73 feet from the centerline of a county road J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Private stables and facilities for housing animals and fowl, on at least five acres, shall be allowed provided that all buildings shall be no closer than 300 feet to any other residential lot. Sec R-2 Single Household Residential District. A. Intent. The intent of the R-2 Single Household Residential District is to provide for single household residential development of moderately spacious character and allow for higher density where public sewer and water or suitable alternatives exist. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed. In the R-2 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 use types permitted in the R-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses;

245 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-2 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Acres) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses (1) Accessory uses (2) Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 52

246 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 30 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec R-3 Moderate Density Residential District. A. Intent. The intent of the R-3 Moderate Density Residential District is to provide for a full range of dwelling units from single family attached and detached to two family dwellings and certain public uses. This district is located primarily adjacent to moderate to high density residential areas. In the R-3 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 use types permitted in the R-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 53

247 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-3 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (%) Single family detached 9, (1) dwelling Single family attached 5, (1) 15 5(3) dwelling, per DU Two family 10, (1) 15 5(3) dwelling/duplex Other principal uses 10, (1) 15 10(3) Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 54

248 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 55

249 Sec R-4 Residential Neighborhood Conservation District. A. Intent. The intent of the R-4 Residential Neighborhood Conservation District is to provide for an array of residential uses including single family attached and detached, two family and multiple family dwelling developments. This district allows for residential infill development and affordable housing in older residential districts while protecting the character of the surrounding neighborhood. In the R-4 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 use types permitted in the R-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 56

250 in the R-4 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard 9, (1) Single family detached dwelling Single family attached 5, (1) 15 5(3) dwelling, per DU Two family 10, (1) 15 5(3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway Front Yard Setback Table City City CollectorCollector Street ArterialArterial Non-Residential Residential Street City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 57

251 J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 58

252 Sec R-5 High Density Residential District. A. Intent. The intent of the R-5 High Density Residential District is to provide for medium to high density multiple family dwellings in areas with good transportation access and close to commercial corridors and centers of employment. This district serves as a transitional zone between medium density residential neighborhoods and administrative and professional offices. In the R-5 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 use types permitted in the R-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 59

253 in the R-5 District as recommended by the Planning Commission and approved by the City Council. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 60

254 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (%) Single family detached 5, (1) dwelling Single family attached 2, (1) 15 5(3) dwelling, per DU Two family 8, (1) 15 5(3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 61

255 Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 62

256 Sec R-6 Infill Residential District. A. Intent. The intent of the R-6 Infill Residential District is to provide for a mixture of medium to high density single family and multiple family dwellings in neighborhoods identified as part of the Neighborhood Revitalization Plan area or those areas that were developed with smaller, denser lots. This district responds to the needs of older neighborhoods which pre-date modern suburban residential zoning regulations. In the R-6 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 use types permitted in the R-6 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Minimum Minimum Setbacks Max. Max. Lot Area Frontage Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (%) Single family detached 3, (1) dwelling Single family attached 2, (1) 10 3(3) dwelling, per development Two family 4, (1) 10 3(3) dwelling/duplex Multiple family dwellings 8, (1) Other principal uses 8, (1) Accessory uses - - (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway Front Yard Setback Table City City CollectorCollector Street ArterialArterial Non-Residential Residential Street City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. C. Miscellaneous Provisions. 1. Access and Utilities. Adequate space for access and utilities must be provided on lots with more than one unit by creating easements when pertinent. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 63

257 2. Paving Requirements. No more than 60 percent of the front yard on any residential lot shall be paved in the R-6 Infill District. 3. Alleyway Driveway Access. Driveways accessing alleyways in the R-6 Infill District must maintain a minimum of 10 feet unobstructed clearance within the residential lot. 4. Neighborhood Design Requirement. a. Accessory garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. b. New residential infill construction in the R-6 Infill District shall replace or install sidewalks when existing sidewalks abut the new development on at least one side. c. New residential infill construction in the R-6 Infill District shall replace or install one street tree per lot on blocks where more than 50% of the lots have existing street trees. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 64

258 Sec MH Manufactured Home Subdivision District. A. Intent. The intent of the MH Manufactured Home Subdivision District is to provide for low density manufactured home subdivisions to meet the need and demand for alternative housing choices. This district allows for alternative housing types that often function best as part of a well planned development. This district is established to accommodate certified manufactured homes on permanent foundations where each lot is owned by an individual manufactured home owner. In the MH 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 use types permitted in the MH District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Community Services and Civic Uses; 4. Treatment, Rehabilitation and Incarceration Facilities; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; and 8. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the regulations of this section and all applicable restrictions and performance standards in these regulations. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 65

259 in the MH District as recommended by the Planning Commission and approved by the City Council. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 66

260 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H.B. I.C. J.D. K.E. Lot Area and Width. Each lot shall have an area of not less than 5,000 square feet and an average width of not less than 50 feet. Lot Coverage. The principal building and accessory buildings shall not cover more than 30 percent of the lot area. Height Regulations. No building shall exceed 35 feet in height. Yard Regulations. 1. Front Yard. a. There shall be a front yard having a depth of not less than 25 feet. b. Where a lot or group of lots has 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 these regulations, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line. 2. Side Yard. a. Except as hereinafter required in the additional height, area, and use regulations of these regulations, there shall be a side yard having a width Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 67

261 of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building. b. Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings. 3. Rear Yard. a. There shall be a rear yard having a depth of not less than 10 feet. L. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec MP Manufactured Home Park District. A. Intent. The intent of the MP Manufactured Home Park District is to provide for low density manufactured homes which are compatible with the character of the surrounding neighborhood in which they are located and where services and amenities are readily available. This district is intended for the planned arrangement, placement and site layout of certified manufactured homes where the owner proposes to develop and rent or lease individual sites. The MP District is intended to promote affordable housing consistent with provisions of these regulations and the Comprehensive Plan. In the MP 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 use types permitted in the MP District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 68

262 3. Community Services and Civic Uses; 4. Day Care and Educational Institutions; 5. Public Parks and Open Space; 6. Public and Private Utilities; and 7. Accessory Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 69

263 C. Permitted Uses. Permitted uses are allowed outright provided they meet the regulations of this section and all applicable restrictions and performance standards in these regulations. All manufactured homes moved into the MP District or from one manufactured home park to another must be certified manufactured homes. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the MP District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G.B. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. The following accessory uses shall be expressly permitted in the MP District: 1. Parks, playgrounds, and recreation areas; 2. Service buildings, laundry facilities and storage areas for recreational vehicles and boats, for the exclusive use of residents of the manufactured home park; 3. Swimming pools, patios and gazebos for the exclusive use of residents of the manufactured home park; 4. Office for manager of the manufactured home park; and 5. Storage buildings for vehicles used to tow manufactured homes and for blocks, skirting, pipes and other materials and equipment required to set up a manufactured home. H.C. Minimum Lot Size. 1. The minimum lot size for manufactured home parks in the MP District shall be 10 acres. No manufactured home park shall be established on a lot Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 70

264 smaller than 10 acres. A contiguous tract of 10 acres shall be the minimum land area required for each area classified as an MP District on the Zoning Map. I.D. J.E. Nonconforming Manufactured Home Parks. 1. No manufactured home park on a lot of less than 10 acres shall be placed in the MP District. Existing and lawful manufactured home parks on lots less than 10 acres shall not be expanded or enlarged, unless such expansion would increase the total area of the manufactured home park to 10 acres or greater and the entire manufactured home park, including existing development, is brought into compliance with the standards of the MP District regulations. Detailed Manufactured Home Park Requirements. 1. No new manufactured home park shall be established or operated and no existing manufactured home park shall be expanded, enlarged or altered, except in accordance with these regulations and under permit by the zoning administrator. 2. A tract to be used for a manufactured home park shall be designed to accommodate 10 or more manufactured homes. 3. Manufactured home parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,000 square feet. 4. Each manufactured home park space shall be not less than 35 feet in width. 5. The manufactured home park shall be located on a well-drained site that is graded to ensure rapid drainage. 6. Each manufactured home space shall be numbered in an orderly manner. Numbers shall be securely displayed on their respective spaces and shall be consistent throughout the manufactured home park. Said numbers shall be visible at all times and shall be located so as to avoid confusion regarding which number belongs to which manufactured home space. 7. A solid fence or wall meeting the City s fence regulations shall be provided between the manufactured home park and any adjoining property or property immediately across the alley which is used or zoned for residential purposes other than manufactured homes. In lieu of said fence or wall, an approved landscape buffer, not less than 15 feet in width may be provided. When a landscape buffer is used in lieu of a 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 maintained by the owner and/or manager of the manufactured home park. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 71

265 8. Each manufactured home park having more than 10 manufactured home spaces shall reserve an area for child recreation according to the following schedule: Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 72

266 Number of Manufactured Homes Minimum Recreation Area 0-10 None required ,500 square feet ,500 square feet 26 or more 100 square feet per lot 9. The recreation area shall be located so as to be free from hazards and provided with play equipment. 10. All manufactured home parks shall provide a storm shelter for the occupants. The applicant shall submit plans for each storm shelter to the Building Official for review and approval. Each storm shelter shall be constructed below ground level as a concrete structure or other material approved by the City, and shall be provided with heavy metal doors. Each storm shelter shall be located so as to be accessible to the park residents in a central location with access to the shelter clearly marked. 11. Each manufactured home park shall provide a sufficient and adequate number of storm shelters. Shelters shall be placed at such intervals within the park to ensure maximum safety for residents during times of natural disaster. Design and location of such shelters shall be determined at the time of plan approval, but in no case shall the construction of the initial phase of a manufactured home park be allowed to proceed without the concurrent construction of the appropriate shelters. 12. Manufactured homes shall be located so that there is at least a 20-foot clearance between manufactured homes; provided, however, with respect to manufactured homes parked end-to-end, the clearance shall not be less than 10 feet. Each manufactured home shall be located a minimum of 10 feet from the front driveway. 13. Manufactured homes shall be located a minimum of 25 feet from each property line of the manufactured home park and from each community building within the park. 14. All manufactured home spaces shall abut an internal street that is not less than 24 feet in width; provided, however, that no on-street parking shall be permitted on a street with a width of only 24 feet. If parallel parking is permitted on one side of the street, the street width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the street width shall be increased to 36 feet. All internal streets shall have unobstructed access to a public street or highway and shall be paved with a hard surface such as concrete or asphalt. All pavement shall be durable and well-drained under normal use and weather conditions. All pavement shall be maintained in good condition free of cracks, potholes and other hazards. All internal streets shall be provided with night lighting using lamps spaced at intervals of not more than 100 feet. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 73

267 15. Adequate lighting shall be provided for all internal streets, walkways, service buildings, storm shelters and other facilities subject to nighttime use. All lighting shall be maintained in working condition. 16. Manufactured home parks shall provide each manufactured home space with a concrete parking pad for the parking of two motor vehicles separate from the street. Each parking pad shall be a minimum of nine feet in width and 18 feet in depth per vehicle. 17. All electrical distribution systems and telephone service systems to each manufactured home space, except outlets and risers, shall be underground. Each manufactured home space shall be provided with a 110-volt and 220- volt service with a minimum 100-ampere individual service outlet. 18. Whenever master television antenna systems, including cable systems, are to be installed, complete plans and specifications for the systems must be submitted to the City for review and approval. Distribution lines to individual manufactured home spaces shall be underground and shall terminate adjacent to the electrical outlet. 19. An adequate supply of pure water for drinking and domestic purposes shall be supplied by underground pipes to all buildings and manufactured home spaces within the park. Each manufactured home 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. 20. All manufactured homes 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 home. Each sewer connection shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured home drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured home and shall be trapped in such a manner as to maintain them in an odor-free condition. 21. Each manufactured home shall be set, anchored, and tied down securely to prevent accidental uplift, sliding, rotation and overturning. 22. Skirting shall be installed on each manufactured home to enclose the open space between the bottom of the manufactured home and ground below. Such skirting shall consist of non-combustible materials that are durable in construction, uniform in color and texture, and similar in color to the exterior surface of the manufactured home. Such skirting shall be maintained in good condition. 23. Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon the required site plan. 24. Laundry facilities for the exclusive use of the manufactured home park occupants may be provided in a service building. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 74

268 25. The owner or operator shall include with the required site 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 manufactured home park shall be so conducted as to create no public nuisances, health or safety hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. b. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse from within the manufactured home park. c. Refuse racks shall be provided for all refuse containers. Such racks shall be designed so as to prevent the containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around the containers. d. Refuse and garbage shall be removed from the manufactured home park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers. e. The manufactured home park owner shall ensure that all containers at all stands are emptied regularly and maintained in a useable, sanitary condition. 26. When liquefied petroleum gas is used in a manufactured home park, containers for such gas shall have a water capacity of not more than 25 gallons, 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. 27. Manufactured home parks may have approved areas designated for the storage of recreational vehicles, boats, trailers and other vehicles or equipment of seasonal or recreational use. Such areas may be commercially operated strictly for the use of residents of the manufactured home park. 28. The owner or operator shall include with the required site plan a budget for financing the proposed improvements shown on the site plan. 29. Prior to the construction, alteration, or expansion or a manufactured home park, review and approval of all of the following plans by the City shall be required: a. Engineering plans and specifications of the water supply and distribution system; b. Engineering plans and specifications of sewage disposal facilities and sewer; c. Plans and specifications for the lighting and electrical systems; d. Plans and specifications for streets and driveways; and Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 75

269 e. Any other plans required by the City to ensure compliance with applicable city codes. K.F. L.G. Site Plan Review. 1. Site plan review shall be required prior to the establishment, enlargement or alteration of a manufactured home park. The applicant for a manufactured home park shall submit an application for site plan review in accordance with Article X of these regulations. The subject property must be properly zoned, and the site plan must be reviewed and approved by the Site Plan Review Committee before any permits will be issued. The site plan shall include all of the following: a. Proposed manufactured home spaces, consecutively numbered, with their approximate dimensions; b. Service buildings and storage facilities; c. Topography and drainage provisions; d. Location of storm shelters; e. Location and dimensions of parking spaces; f. Electrical outlets; g. Sewer outlets; h. Water outlets; i. Water lines; j. Sewer lines; k. Location and size of playgrounds and recreational areas; l. Landscaped areas and walls or fences; m. Proposed streets and driveways with dimensions and traffic circulation plan; n. Any existing streets in or abutting the property; o. Sidewalks and walkways; p. Exterior lighting plan; q. Refuse collection bins and screening; r. Legal description of the property; s. Names of the landowner, the developer and the person or firm preparing the plan; and t. North arrow, scale and date. Compliance and Enforcement. 1. Upon the issuance of the permit for a manufactured home park, the City shall have the authority to have said manufactured home park inspected by the proper inspecting officer of the City and if it shall be found that the holder of said permit has violated or caused to be violated any provision of this article, the City shall have the power to revoke said permit. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 76

270 2. If the City shall determine upon proper inspection by the Building Official that the sanitary condition of the manufactured home park 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 said manufactured park, the City shall have the power to require the holder of said manufactured home park permit to return said manufactured home park to proper sanitary condition within 10 days. 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 manufactured home park in sanitary condition, the City shall have the right to revoke said permit. M.H. Abandonment of Use. 1. Whenever a property in the MP District ceases to be used as a manufactured home park or when its existing use is discontinued or abandoned for a period of 12 consecutive months, the Planning Commission may initiate action to rezone said property back to its former or another zoning district classification. Sec EN Established Neighborhood District. A. Intent. The intent of the EN Established Neighborhood District is to accommodate compatible mixed-use development of residential, commercial and light industrial uses in existing neighborhoods. This district is intended to promote harmony between certain residential, commercial and light industrial uses that currently exist in established older neighborhoods within the City. This district promotes investment in distressed properties and allows for the restoration and reconstruction of buildings to maintain property values and encourage affordable workforce housing. The EN District is not intended for individual or scattered sites or for simply bringing nonconforming uses into conformance with these regulations. In the EN 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 use types permitted in the EN District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 77

271 The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; 8. Animal Care; 9. Business and Household Services; 10. Financial Services; 11. Food and Beverage Services; 12. General Commercial; 13. Specialized Commercial; 14. Medical Uses; 15. Office Uses; 16. Recreational Commercial; 17. Vehicular Commercial; 18. Warehousing and Storage; 19. Contractors, Contractor Yards, Storage and Supply; and 20. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the EN District as recommended by the Planning Commission to the City Council for approval, denial, or amendment. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 78

272 F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 79

273 I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 15 5 (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall of a two family dwelling or a single family attached dwelling. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J.C. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. When adjacent to residentially zoned or used property, an industrial use in the EN District shall not have parking or drives in the front yard setback nor within 15 feet of said residential district or use. Furthermore, permanent screening shall be provided as appropriate in order to minimize impacts on residential property, as per Sec of these regulations. 3. Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties. 4. All new structures constructed for non-residential uses shall be of a type and design that is generally compatible in appearance with the character of any nearby residential structures. Sec P/I Public and Institutional District. A. Intent. The intent of the P/I Public and Institutional District is to provide for public, quasipublic, institutional, social, philanthropic organizations and similar uses in one or more buildings or a campus. This district may accommodate the individual needs of organization members, students, public employees and long term care residents. Special design provisions may be made for parking, playgrounds, outdoor plazas and event areas. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 80

274 In the P/I 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 use types permitted in the P/I District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Specialized Commercial; 13. Medical Uses; 14. Office Uses; 15. Recreational Commercial; 16. Research and Development; and 17. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the P/I District as recommended by the Planning Commission and approved by the City Council. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 81

275 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 82

276 F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I.B. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (%) Other principal uses 10, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec C-1 Office Commercial District. A. Intent. The intent of the C-1 Office Commercial District is to provide for restricted commercial development such as professional and administrative offices and certain personal services that serve the entire city and are compatible with adjoining residential districts. The low intensity of this district serves as a buffer Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 83

277 between residential and arterial and collector streets. This district allows for freestanding office buildings and office parks. In the C-1 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 use types permitted in the C-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; and 17. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 84

278 parcel in the C-1 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Area (Sq. Ft) Minimum Minimum Minimum Setbacks Max. Frontage Lot Depth Front Yard Rear Yard Side Yard Height (%) 5, (1) Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 85 Max. Lot Coverage Single family detached dwelling Single family attached 5, (1) 25 5 (3) dwelling, per DU Two family 10, (1) (3) dwelling/duplex Multiple family dwellings 10, (1) Other principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line.

279 J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec C-2 Neighborhood Commercial District. A. Intent. The intent of the C-2 Neighborhood Commercial District is to provide for areas of convenient shopping facilities for nearby neighborhoods. This district permits uses such as basic retail, offices and services that are conducted wholly within a building or customarily located in a shopping center. In the C-2 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 use types permitted in the C-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 86

280 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; and 18. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-2 District as recommended by the Planning Commission and approved by the City Council. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 87

281 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 88

282 Sec C-3 Outdoor Commercial District. A. Intent. The intent of the C-3 Outdoor Commercial District is to provide for retail and wholesale sales and services for commercial activities that require large floor areas and the outside display of products and parking areas. This district provides for large lot development typically located next to collector and arterial streets to accommodate traffic patterns. In the C-3 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 use types permitted in the C-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Recreational Commercial; 16. Vehicular Commercial; 17. Warehousing and Storage; 18. Contractors, Contractor Yards, Storage and Supply; and Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 89

283 19. Accessory Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 90

284 C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-3 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Front Yard Setback Table City CollectorCollector Street Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 91

285 Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec C-4 Special Commercial District. A. Intent. It is the intent of the C-4 Special Commercial District to provide space in appropriate locations for certain commercial activities which may particularly impact surrounding neighborhoods. Special provisions are made through these regulations to minimize the adverse effects of such uses on neighboring parcels. In the C-4 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 use types permitted in the C-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agricultural and Related Sales and Service; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 92

286 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; 18. Vehicular Commercial; Warehousing and Storage; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 93

287 19. Contractors, Contractor Yards, Storage and Supply; and 20. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-4 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Front Yard Setback Table Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 94

288 Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Sec C-5 Downtown District. A. Intent. The intent of the C-5 Downtown District is to encourage a wide mix of adaptive reuses of buildings; to stimulate private investment and create a lively downtown. This district should accommodate shoppers, workers, residents and visitors and be a gathering place for community events. Development and improvements in this district should be guided by Main Street s Design Guidelines and Historic Preservation principles. In the C-5 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 use types permitted in the C-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 95

289 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; 18. Vehicular Commercial; 19. Warehousing and Storage; 20. Contractors, Contractor Yards, Storage and Supply; 21. Clothing Manufacturing; 22. General Manufacturing (Low Hazard); and 23. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-5 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. Accessory uses and structures are permitted by right in connection with any lawfully established principal use, except as otherwise expressly provided in these regulations. Accessory uses and structures, including Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 96

290 private parking, shall not be placed on public property, including sidewalks, streets and alleys, unless expressly permitted otherwise. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 97

291 I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses Accessory uses (1) (1) Accessory uses are not permitted in the front yard. J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations unless expressly designated otherwise. 1. Residential Uses and Code Requirements. a. Upper story housing shall be permitted in the C-5 Downtown District by right. b. By conditional use permit, residential housing may be located in the rear half of the ground floor of a commercial building provided that the front half of the ground floor is used only for a commercial use permitted in the C-5 District. c. The front half of the ground floor of a commercial building shall not be used for any residential purpose other than a required exit corridor. d. Before a building permit and/or certificate of occupancy permit is issued, the property owner shall be required to provide the Building Official with stamped architectural or engineering plans for any commercial building that may contain a residential use including fire separation, smoke detection, interconnection and exits according to all city codes. The percentage of floor area designated for residential and commercial uses may vary slightly depending on the architectural or engineering plans approved by the Building Official. e. The applicant for a residence in the C-5 District shall contact the City prior to filing an application to determine supplemental information requirements. 2. Setback Requirements. The front façade of any new building shall require a zero lot line development unless otherwise approved by the Site Plan Review Committee. 3. Off-Street Parking. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 98

292 Off-street parking must be reviewed by the Downtown Hutchinson Revitalization Partnership (DHRP) Board and the Zoning Administrator and approved by the City Engineer where required. 4. Signs. Signs for buildings and uses within the C-5 District shall be subject to special requirements. An off-premises billboard sign or an electronic message center sign requires a conditional use permit. An off-premises advertising sign requires a special use permit. 5. Landscaping. Landscaping on private lots shall comply with the planting and fencing materials and other site plan requirements approved by the City. The applicant shall provide the City with a landscape plan or planting plan to be reviewed and approved by the City Forester or City Horticulturist prior to the issuance of a building permit or certificate of occupancy. 6. Other Supplemental Regulations. a. Persons choosing to reside in the C-5 Downtown District do so with full knowledge that they will be living in a predominately commercial environment containing different kinds of businesses, activities, noise, lighting and traffic, such as are found in a vibrant and active downtown, and that such conditions are normal aspects of downtown living. b. Upon receipt of an application for consideration by the Planning Commission, Board of Zoning Appeals, or Landmarks Commission for a proposed development within the C-5 Downtown District, the zoning administrator shall notify the Downtown Development Director and the Chairperson of Downtown Hutchinson Revitalization Partnership, Inc., of the date, time and location of the public hearing. Sec CR Commercial/Residential District. A. Intent. The intent of the CR Commercial/Residential District is to encourage the transition of neighborhoods where land use patterns are beginning to change from residential to light commercial with minimal impact to the existing residents. This district provides for a variety of land uses, including office, light retail, schools, churches and public spaces. The design elements of this district are intended to create a distinctive sense of place for the primary vehicular corridors into Hutchinson. This district allows for freestanding office buildings and office parks and may be utilized in concert with the gateway corridor overlay. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 99

293 In the CR 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 use types permitted in the CR District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Household Living; 3. Community Services and Civic Uses; 4. Day Care and Educational Institutions; 5. Public Parks and Open Space; 6. Public and Private Utilities; 7. Animal Care; 8. Business and Household Services; 9. Financial Services; 10. Food and Beverage Services; 11. General Commercial; 12. Specialized Commercial; 13. Office Uses; 14. Recreational Commercial; 15. Accessory Uses; C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the CR District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 100

294 Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 101

295 G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard Other principal uses 5, Accessory uses (1) (1) Accessory uses are not permitted in the front yard. J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. A traffic impact study may be required for certain uses as determined by the City Engineer. Sec I-1 Light Industrial District. A. Intent. The intent of the I-1 Light Industrial District is to provide space for light industrial uses for certain low-impact employment and for businesses engaged in heavy commercial and light manufacturing and related uses in a planned industrial/business park setting. In the I-1 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 use types permitted in the I-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 102

296 conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Facilities; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Metal Processing, Forging, Fabrication (Hazardous); 21. Wood Products Manufacturing; 22. General Manufacturing (Low Hazard); and 23. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-1 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 103

297 F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 5 5 (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be the greater of 25 feet from the property line or 58 feet from the centerline of a county road. J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Required parking within this district shall be located in the rear yard of the property unless otherwise permitted. Sec I-2 Industrial District. A. Intent. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 104

298 The intent of the I-2 Industrial District is to accommodate moderate to high impact industrial uses including large scale and specialized industrial operations requiring good transportation access and public facilities and services and which are generally not compatible with commercial land uses. In the I-2 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 use types permitted in the I-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Institutions; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Clothing Manufacturing; 21. Metal Processing, Stamping; 22. Metal Processing, Forging, Fabrication (Hazardous); 23. Wood Products Manufacturing; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 105

299 24. General Manufacturing (Low hazard); and 25. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-2 District as recommended by the Planning Commission and approved by the City Council. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 106

300 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses 5, (1) 5 5 (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be the greater of 30 feet from the property line or 63 feet from the centerline of a county road. J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 107

301 2. Required parking within this district shall be located in the rear yard of the property unless otherwise permitted. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 108

302 Sec I-3 Heavy Industrial District. A. Intent. The intent of the I-3 Heavy Industrial District is to provide land for industrial uses that may pose a serious threat to the health or safety of the general public and individuals either on or off the parcel. Certain uses may require special permission to locate in this district. In the I-3 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 use types permitted in the I-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations. B. Compatible Use Categories. The following are use categories identified in Sec of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Facilities; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Clothing Manufacturing; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 109

303 21. Mining and Excavation; 22. Machinery and Vehicle Manufacturing; 23. Metal Processing, Stamping; 24. Metal Processing, Forging, Fabrication (Hazardous); 25. Wood Products Manufacturing; 26. General Manufacturing (Low Hazard); 27. General Manufacturing (High Hazard); and 28. Accessory Uses. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this District. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-3 District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. The height and lot requirements shall be as follows: Uses/Structures Minimum Setbacks Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 110

304 Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Front Yard Rear Yard Side Yard Max. Height Max. Lot Coverage (%) Principal uses 5, (1) (3) - 60 Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard. (3) No side yard setback shall be required along a common party wall. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 111

305 Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be the greater of 30 feet from the property line or 63 feet from the centerline of a county road. J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Required parking within this district shall be located in the rear yard of the property unless otherwise permitted. Sec AE Adult Entertainment District. A. Intent. It is the intent of the AE Adult Entertainment District to provide for adult entertainment establishments which, by their nature, are known to produce deleterious effects on adjacent development and serious secondary negative impacts to juveniles, especially where such uses are clustered. Special regulations of such uses are therefore necessary to ensure that these and other adverse secondary effects will not impact residential neighborhoods, public and quasi-public institutions and facilities serving the youth of the community. In the AE 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 use types permitted in the AE District by right, by conditional use permit or by special use permit, according to Sec of these regulations. B. Definitions. Adult shall mean any person aged 18 years or older. Adult Book and/or Video Store shall mean an establishment which offers for sale or rental books, magazines, photographs, films, videos, or other visual representations, and other materials oriented toward representation of sexual activity of any kind. This term does not include occasional sales of books, magazines, videos and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 112

306 Adult Entertainment Establishment shall mean any premise which provides adult sexually-oriented entertainment whether live or by motion pictures, videos, photographic reproductions or other means. Adult Novelty Store shall mean a commercial establishment offering for sale visual materials, printed matter, instruments, devices, and other paraphernalia designed and intended for use in connection with sexual activities. This does not include occasional sales of books, magazines, videos, and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district. D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the AE District as recommended by the Planning Commission and approved by the City Council. E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals. F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations. G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec and as listed in Sec of these regulations. H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations. I. Height and Lot Requirements. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 113

307 The height and lot requirements shall be as follows: Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 114

308 Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area (Sq. Ft) Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (%) Principal uses (1) (3) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway Front Yard Setback Table City City CollectorCollector Street ArterialArterial Non-Residential Residential Street Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 115 City StreetResidential Street 30 th Avenue Corridor The minimum setback shall be 25 feet from the property line. J. Miscellaneous Provisions. 1. No adult entertainment use, escort agencies, adult book or video store, or adult novelty store shall be conducted in any manner: a. To allow the merchandise or activities of the establishment to be visible from any point outside of the building or structure containing the use; or b. That permits the observation of any material depicting, describing or relating to sexual activities from any point outside of the building or structure containing such use. 2. The provisions of Subsections 1.a. and 1.b. above shall apply to any display, decoration, sign, window or other opening. 3. No adult use as set out in Sec B. above shall be allowed within 1,000 feet of another existing adult use. 4. No adult use as set out in Sec B. above shall be located within 1,000 feet of any residential zoning district. 5. No adult use as set out in Sec B. above shall be located within 1,000 feet of any bar or tavern. 6. No adult use as set out in Sec B. above shall be located within 1,000 feet of an existing church or place of worship, child care center or educational institution. 7. For purposes of Subsections L.3., L.4., L.5. and L.6. above, measurements shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest point on the property line of the proposed adult entertainment use to the nearest point on the property line of the said uses. 8. No more than one adult entertainment use shall be conducted within any building or structure containing an adult use Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

309 All uses in the AE District shall be subject to all other applicable city codes. Sec PUD Planned Unit Development District. A. Intent. The intent of the PUD Planned Unit Development District is to encourage innovation in residential, commercial and industrial development by allowing a greater variety in type, design, and layout of buildings; to encourage the expansion of urban areas incorporating the best features of design while conserving the value of land; to encourage the clustering of buildings and the preservation of open space; and to provide a procedure which relates to type, design and layout of development to the particular site. Certain amenities will be installed at the time of development to preserve property values within established neighborhoods. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions of these regulations. B. Recommendation and Finding of Facts. The Planning Commission, in its minutes, shall set forth its reasons for recommendation of approval or denial of the application for a PUD District, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions. 1. Said planned unit development shall be in general conformity with the provisions of the Comprehensive Plan. 2. Said planned unit development shall not have a substantially adverse effect on the development of the neighboring area. C. Use Regulations. In the PUD District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except as shown on the approved final development plan as specified in this section. D. Standards and Conditions for Development. A planned unit development shall be consistent with the following general standards for use of land, and the use, type, bulk and location of buildings, the density or intensity of use, open space and public facilities: 1. The applicant shall satisfy the Planning Commission that he or she 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 12 months following the approval of the final development plan by the City Council. A minimum of 50 percent of the total planned construction Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 116

310 shown on the final development plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the City Council upon review and recommendation by the Planning Commission upon the showing of good cause by the developer. 2. The developer shall provide and record easements and covenants, and shall furnish such performance bonds, escrow deposit, or other financial guarantees for public improvements as may be determined by the City Council to be reasonably required to assure performance in accordance with the final development plan and to protect the public interest in the event of abandonment of said plan before completion. 3. 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. 4. The development shall not impose an undue burden on public services and facilities, such as fire and police protection. 5. The minimum area allowed for a PUD District shall be three acres. 6. Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD District. 7. The entire tract or parcel of land to be occupied by the 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 by all owners. 8. 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 access ways shall be landscaped or otherwise improved. 9. Off-street parking and loading shall be provided in accordance with the parking and loading regulations. 10. When a commercial or industrial use within a PUD District abuts a residential district, a solid or semi-solid fence or wall at least six feet high, but not more than eight feet high, and having a density of not less than 80 percent per square foot, shall be provided adjacent to any adjoining residential district; except in the event the adjacent residential district and the commercial or industrial use are separated by a street right-of-way. 11. All residential, commercial and industrial buildings shall set back not less than 25 feet from the right-of-way of any street and 10 feet from any district boundary lines that do not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required, when found Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 117

311 reasonable by the Planning Commission and City Council for the protection of health, safety and general welfare. 12. Building coverage shall not exceed 40 percent of the net developable area of the planned unit development. 13. A minimum of 30 percent of the area of that part of a planned unit development reserved for residential use shall be provided for open space as defined by these regulations under Subsection 18 below. Common open space reserved for the leisure and recreation of PUD residents only shall be owned and maintained in common by them through a homeowner's association. 14. The PUD District 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 City Council 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. 15. No residential use shall have direct vehicular access onto an arterial street. 16. All commercial and industrial areas must have access via a collector or arterial street; however, no individual commercial or industrial use may have direct access onto collector or arterial streets. 17. 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 pedestrian access between each use in the planned unit development subject to approval by the Director of Parks and Facilities. 18. Open space as defined under this zoning district shall mean land area of the site not covered by buildings, parking, structures or accessory structures, except recreational structures. Common open space as defined under this zoning district shall mean open space which is accessible and available to all occupants in common by a homeowner's condominiums or resident's association. 19. When a developer intends to design a planned unit development, the Planning Commission and City Council may grant lesser front, side and rear yard setbacks, including zero lot line setbacks. E. Application for Approval of Preliminary Development Plan. 1. An application for a PUD shall be handled in the same manner as prescribed for amending these regulations. The requirements for notice, advertisement of public hearing, protest petitions, and adoption shall be the same as is required for zoning amendments. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 118

312 2. The applicant shall prepare and submit 30 folded copies of the preliminary development plan for review and approval by the planning commission. Said preliminary plan shall include a site plan showing: a. Contours at intervals of two feet or spot elevations on a 100 foot grid shall be required on flat land; b. Location, size, height and use of all proposed structures in conformance with the yard requirements; 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/or private open space with the type of recreational facilities planned for each are indicates; f. Designation of individual parcels if the proposed development is to be set up in separate construction phases; g. Designation of individual lots if such lots are proposed to be sold to individual owners; h. Location of required screening; i. Location of natural features such as ponds, tree clusters and rock outcroppings; and j. Existing development on adjacent properties within 200 feet. 3. The above-described site plan shall also include a section designated as general provisions, and said section shall include the following when said items are applicable: a. Net area in square feet or acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street rightof-way. If more than one parcel is proposed, designate net area by parcel as well as total net area.); b. Density of dwelling units per acre for the entire development; c. Building coverage of the net area of the planned unit development by individual parcel or total development; d. The percentage of the development plan provided for common open space as defined by this regulation; e. If more than one parcel is proposed, a statement relating to the sequence of development shall be included; f. Required number of off-street parking spaces; g. Gross floor area proposed for commercial buildings; and h. All proposed land uses shall be listed by parcel. 4. A statement and adequate drawings shall be included describing the manner and disposition of utility and stormwater run-off management. 5. The full legal description of the boundaries of the property or properties shall be included in the preliminary development application. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 119

313 6. A vicinity map showing the general arrangement of streets within an area of 200 feet from the boundaries of the proposed planned unit development shall be included. 7. A description, rendering or drawing of the general characteristics of the proposed buildings shall be included. 8. When a planned unit development includes provisions for private common space or recreational facilities, the applicant shall submit the following to the City: a. A statement describing the provisions that will be made for the care and maintenance for open space to be owned and/or maintained by any entity other than a governmental authority; and b. Copies of the proposed articles of incorporation and bylaws of such entity. 9. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned unit development shall be submitted. 10. The applicant shall provide any other information determined necessary by the City. 11. The Planning Commission shall hold a public hearing on the preliminary PUD after the PUD has been reviewed by City staff after giving notice as required by Kansas law for hearings for zoning 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 City Council and the applicant specific findings of fact with respect to the extent which the preliminary plan complies with those regulations, together with its recommendations in respect to the action to be taken on the preliminary PUD. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions. The City Council may or may not approve the preliminary development plan and may or may not authorize the submittal of the final development plan. 12. Substantial or significant changes in the preliminary PUD shall only be made after a public hearing on said changes has been held and said changes have been approved. F. Approval of Final Development Plan. 1. After approval of a preliminary development plan and prior to the issuance of any building permit, the applicant shall submit to the zoning administrator an application for approval of the final development plan. Said application shall include the entire PUD District or may be for a unit or section thereof as set forth in the approval of the preliminary development plan. The application shall include 30 folded copies of such drawings, specifications, covenants, easements, conditions, and form of performance bond as set forth in the approval of the preliminary development plan and in accordance Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 120

314 with the conditions established in these regulations for a PUD District. The final development plan shall include the same information as the preliminary development plan, except the following shall also be provided: a. A surveyor s certificate certifying to the accuracy of the boundary surveys shown; b. Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public right-of-way; c. All easements and appropriate building setback lines; d. All lot lines, and lot dimensions including chord distances for curvilinear lot lines; e. Lot and/or parcel numbers; f. Location, size, height, and use of all existing and proposed buildings; g. Dedication of all streets, public highways or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property; h. A final development plan submitted for approval shall be deemed to be in substantial compliance with the approved preliminary development plan, provided any modification of the final development plan by the applicant does not: (i) 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; (ii) Increase by more than 10 percent the floor area proposed for non-residential use; (iii) Increase by more than five percent the total ground area covered by buildings; (iv) Increase substantially the height of a building; or (v) Substantially change the design of the plan so as to significantly alter: (a) Pedestrian or vehicular traffic flow; (b) The inter-relationship of different land uses; (c) The relation of open space to residential development; (d) The proposed phasing of construction; or (e) The proposed use of one or more buildings to a more intensive use category as delineated in these regulations. 2. A public hearing need not be held for the approval of a final development plan if it is in substantial compliance with the approved preliminary development plan. The Planning Commission shall review the final development plan for compliance with the approved preliminary Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 121

315 development plan. Upon approval, the final development plan shall be submitted to the City Council for final approval and acceptance. 3. In the event that the final development plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit a new preliminary development plan. This preliminary development plan shall be processed in the same manner prescribed in this section as for original submittals 4. The approved final development plan shall be filed and recorded with the Reno County Register of Deeds. G. Enforcement of and Changes to the Final Development Plan. The mutual benefit of the residents and owners of the planned unit development and the general public shall be considered with regard to preserving the integrity of the final development plan, as approved. Any changes to an approved final development plan: 1. Shall not impair the reasonable reliance of said residents and owners upon the provisions of the plan; 2. Shall not result in changes that would adversely affect the public interest or the enforcement of the provisions of the plan as approved, regardless if such provisions are recorded by plan, covenant, easement or otherwise; and 3. Shall be subject to the following provisions: a. The provisions of the plan relating to: (i) The use of land and the use, bulk, and location of buildings and structures; (ii) (iii) The quality and location of common space; and The intensity of use or the density of residential units shall run in favor of the City and shall be enforceable in law or in equity, by the City, without limitation on any powers or regulation otherwise granted by law. b. 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. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 122

316 c. If portions of an approved final development plan shall require a plat, an amended final development plan may include only that portion of the final development plan to be platted. H. Amendments. The PUD District ordinance or an approved preliminary or final development plan may be amended in the same manner as prescribed in this section for approval of a preliminary or final development plan. Application for amendment shall be made by the homeowners association or 51 percent of the owners of the property within the PUD District. I. Platting. PUD developments shall comply with all platting and subdivision requirements of the City. J. Fees. Fees for planned unit development applications shall be paid to the City according to the Master Fee Schedule. Sec GATE Gateway Corridor Overlay District. A. Intent and Purpose. The intent of the Gateway Corridor Overlay District is to provide design criteria along the key entry corridors into and through the City of Hutchinson. The design criteria will promote creative solutions to help to develop high quality design and visual appeal through landscaping, signage, building material selection, lighting and interior street development. Guiding development in this manner will also aid in the protection of past and future investment in the corridor. In the Gateway Corridor Overlay 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 in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations. The purpose of these regulations is to establish criteria for those items that affect the physical and visual environment of the City of Hutchinson. Pertinent to appearance is the design of the site and all elements which are visible to the public. The criteria contained herein are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 123

317 creative solutions that will develop a high quality visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare. B. Geographic Area. The Gateway Corridor Overlay District as depicted on the official zoning map, including all lots immediately adjacent to the street right-of-way. C. Criteria for Application. 1. All developments consisting of more than one principal building or use, multiple-pad development and/or similar mixed-uses shall be required to meet the zoning requirements for a planned unit development (PUD). The PUD process and rezoning shall be in conjunction with preliminary and final plat review and approval. 2. All developments consisting of one principal building with a single use shall comply with the design criteria of this section. D. Criteria for Appearance. 1. Relationship of Buildings to Site. The site shall be planned to accomplish an effective transition with the streetscape, and to provide for appropriate landscaping, safe pedestrian movement, and required parking areas. a. Site planning in which setbacks and yards are in excess of standard commercial zoning restrictions is encouraged to provide a quality visual relationship between buildings and site. b. Parking areas shall be designed to include decorative elements, building wall extensions, plantings, berms or other innovative means so as to buffer parking areas from view from public ways. c. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated future buildings. d. Newly installed utility services and service revisions necessitated by exterior alterations shall be underground. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 124

318 2. Relationship of Buildings and Site to Adjoining Areas. a. Adjacent buildings of different architectural styles shall be made compatible by such means such as buffering, screening, sight breaks and material selections. b. Attractive landscape transitions shall be designed to be compatible with adjoining properties. c. Harmony in texture, lines and masses is required. Monotony shall be avoided. 3. Landscape and Site Treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns and all visible construction except buildings and associated accessory structures. a. Where natural or existing topographic patterns contribute to visual quality and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to appropriate site design and development. b. Grades of walks, parking spaces, terraces and other paved areas shall provide a soft and stable surface for walking and seating. c. Landscape treatments shall be provided to enhance architectural features, strengthen vistas, emphasize access patterns and provide shade. d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. e. Plant material shall be selected for interest in structure, texture, and color and for ultimate growth patterns. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. f. Parking areas and traffic ways shall be enhanced with landscaped islands containing trees or tree groupings. g. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations thereof. Screening shall be equally effective in winter and summer. h. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be designed to a standard that does not impact adjoining properties, especially residential areas. Exterior lighting shall comply Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 125

319 with the requirements of Sec (G) General Requirements for Sign Illumination. i. Fencing within the Gateway Corridor Overlay District shall not exceed six feet in height unless otherwise permitted. j. Fencing within the Gateway Corridor Overlay District may be required to be a solid fence to meet specific site conditions. 4. Building Design. a. Architectural design and style are not restricted, however architectural style should be consistent throughout the development. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. b. Buildings shall have appropriate scale and be in harmonious conformance with any adjacent neighboring development. c. The primary building material of all portions of the structure shall include but not be limited to materials of high quality, such as brick (clay), stucco, wood, glass, split faced concrete masonry units (CMU) with integrated color pigmentation and stone material. The materials shall be similar and compatible throughout the entire development. The Site Plan Review Committee may recommend other primary building designs for portions of the building not visible from public areas. Other secondary building materials shall have appropriate architectural character and shall be selected for harmony of the building with adjoining buildings. d. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways. e. Materials shall be of durable quality. f. In any design in which the structural frame is exposed to view, the structural materials shall be compatible and harmonious with their surroundings. g. Building components, such as windows, doors, eaves and parapets, shall have appropriate proportion and relationship to one another. h. Colors shall be harmonious and shall use only compatible accents. i. Colors shall be of low reflectance, subtle, neutral or earth tones and shall not be of high-intensity or metallic colors unless the colors are true to the materials beings used. j. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located as not to be visible from any public ways. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 126

320 k. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. l. Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways. m. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance. n. Building orientation shall be toward the arterial street, unless it is demonstrated that this would not be feasible. E. Factors for Evaluation. The following factors and characteristics, which affect the appearance of a development, will govern the evaluation of a design submission: 1. Conformance to these regulations and the building design criteria; 2. Logic of design; 3. Exterior space utilization; 4. Architectural character; 5. Attractiveness of material selection; 6. Harmony and compatibility; 7. Vehicular and pedestrian circulation; and 8. Maintenance aspects. F. Process. 1. All developments within the Gateway Corridor Overlay District shall be required to submit a site plan for review. Refer to Article X. 2. Development approval. All building projects within the Gateway Corridor Overlay District shall comply with the Gateway Corridor Overlay District regulations. The developer shall include maintenance provisions within the scope of the site planning process. 3. Pre-application conference. A pre-application conference with the Site Plan Review Committee is HIGHLY RECOMMENDED to give the applicant an opportunity to discuss plans before a great deal of time or money is expended. 4. Application for Design Review. The applicant shall fill out an application for site plan review and submit it along with other required submittals. See administrative forms for a listing of required submittals. 5. Design review. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 127

321 The Site Plan Review Committee will review the submittal documents for compliance with the Gateway Corridor Overlay District regulations. 6. Notice of approval. Upon review by the Site Plan Review Committee the applicant will be notified of approval or required changes for approval. 7. Appeals. In the event where the applicant and the Site Plan Review Committee cannot come to an agreement the applicant may appeal the decision by requesting a review by the Planning Commission. 8. If the approved site plan is not part of a PUD submittal, the approval shall be final and a building permit may be issued. Approved site plans which are part of a PUD process shall be submitted to the Planning Commission as required by Sec Building Permit. After the building permit is issued, all design requirements must be completed as shown on the approved site plan. 10. Maintenance of design requirements. The property owner shall maintain the design requirements for the life of the development. In the event of failure to do so, the City may utilize all appropriate remedial methods. 11. Fees. Fees may apply to each individual step as established in the Master Fee Schedule. Sec AH Airport Hazard Overlay District. A. Intent. The intent of the AH Airport Hazard Overlay District regulations is to specify land use controls in addition to the underlying zoning district that will ensure a compatible relationship between the Airport operations and other land uses in the vicinity, promote the health, safety and general welfare of the inhabitants and visitors of the City by preventing the creation, establishment or maintenance of hazards to aircraft, preventing the destruction or impairment of the utility of the airports in the City and the public investment therein and protecting the lives and properties of owners or occupants of lands in the vicinity of airports as well as the users of airports and to aid and implement the overriding federal interest in the operation of airports and the security of land surrounding airports. B. Applicability. The regulations set forth herein are applicable to all lands lying within delineated airport environs adopted as a part of the zoning map and to all lands defined herein. Notwithstanding the airport zoning regulations set out in Chapter 26 of the City Code, the provision of this section as they apply to a parcel of land shall Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 128

322 override and supersede other regulations set forth in the zoning regulations to the extent set forth herein based upon the airport environ(s) in which the parcel is located. The provisions of this section shall not override or supersede notification requirements previously established pursuant to the zoning regulations or by action of a property owner. C. Geographic Area. The Airport Hazard Overlay District as depicted on the official zoning map. The Airport Layout Plan (ALP), together with all explanatory matter therein, is hereby adopted by reference and declared to be a part of these regulations. The boundaries of all airport environs zone delineations shall be defined in Chapter 26 and determined as follows: 1. For recorded lots less than one acre in size, where an airport environs zone enters or crosses a lot, the land use restriction and noise level reduction standards of the more stringent airport environs zone shall apply to the entire lot. 2. For platted and unplatted properties greater than one acre in size, where an airport environs zone enters or crosses the parcel, the regulations associated with more than one zone may apply. The zoning administrator shall use the zoning map, including the applicable airport environs zone, overlaid onto a parcel map to determine the applicable zone. The zoning administrator, in consultation with the Director of Parks and Facilities and the Hutchinson Airport Advisory Board, as appropriate, shall determine the line of demarcation. D. Zones. In order to carry out the provisions of the AH Airport Hazard Overlay District there are hereby created and established certain imaginary surfaces on the ground and in the airspace above and surrounding the Hutchinson Municipal Airport which are described and subject to the current Federal Aviation Regulations, Part 77 (Objects Affecting Navigable Airspace), Part 25 (Airworthiness Standards) and Part 139 (Certification of Airports) which for the purposes of these regulations shall be herein construed as zones and shall be included in the AH Airport Hazard Overlay District. The various zones are hereby established and specifically defined in Chapter 26. E. Compatible Use Categories. All uses permitted in the underlying zoning district and deemed appropriate and compatible with maintaining the Airport s physical facilities and associated air service compatibilities shall be allowed provided they fully comply with all the requirements of Chapter 26. Where there is a conflict between the Airport Hazard Overlay District regulations and any other regulations herein, the Airport Hazard Overlay District regulations shall govern. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 129

323 F. Permitted Uses. Permitted uses are allowed outright provided the uses and/or related structures meet the requirements of the Airport Hazard Overlay District as defined in Chapter 26. G. Site Plan Review. Site plans shall be reviewed pursuant to Article X of these regulations. H. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 130

324 Sec HP Historic Preservation Overlay District. A. Intent. The intent of the HP Historic Preservation Overlay District is to provide means of designating on the zoning map those properties determined by the National Park Service, Kansas Preservation Law and the Hutchinson City Council to be historic landmarks or historic landmark districts. In the HP 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 in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations. B. Definitions. Refer to Chapter 4 of the City Code for additional definitions related to Historic Preservation. Historic shall include, but is not limited to, cultural, artistic, social, economic, ethnic, or political heritage as well as those conditions meeting the State and Federal conditions and factors. Historic District shall mean an area designated as an Historic District through listing on the Local, State, or National Register of Historic Places and which has definite geographic boundaries. All properties within the geographic boundaries are considered part of the Historic District. However, individual properties and buildings may be classified as non-contributing, contributing or key contributing based on their level of historic significance and their contribution to the overall historic character of the designated area. Historic Preservation shall mean the preservation of historically, architecturally or culturally significant structures, neighborhoods and sites in order to facilitate the maintenance of the historic attributes of a building, structure or site. This may include the rehabilitation of the building or the restoration of the building to a former condition in accordance with the Secretary of the Interior s Standards for Rehabilitation. Historic Structure shall mean any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 131

325 contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Kansas Register of Historic Places or listed as a contributing structure in a Kansas Register Historic District; (d) individually listed on the City of Hutchinson Local Register of Historic Places or listed as a contributing structure in a Local Register Historic District. Historic Site shall mean a place of outstanding historical and cultural significance and designated as such by the local, state or federal government. C. Geographic Area. The Historic Preservation Overlay District as depicted on the official zoning map. D. Special Criteria for the HP Overlay District. The area defined as the HP Historic Preservation Overlay District shall be governed by Chapter 4 of the City Code. Sec FP Floodplain Overlay District. A. Intent and Purpose of the District. The FP Floodplain Overlay District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the Flood Insurance Study for Reno County, Kansas, and Incorporated Areas, and accompanying Flood Insurance Rate Map for the City of Hutchinson, Community Number , Panel Numbers 0277, 0279, 0281, 0282, 0283, 0284, 0287, 0291, 0292, 0293, 0294, 0303, 0305 and 0311, effective January 6, 2010, and any subsequent additions or amendments. The FP Floodplain Overlay District is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established. These regulations are intended to minimize the extent of floods and reduce the height and violence thereof; to minimize the hazard of loss of life and property caused by floods; and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural water courses and drainageways. B. Geographic Coverage. The Floodplain Overlay District as depicted on the official zoning map. C. District Regulations. In the Floodplain Overlay 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 in accordance with the regulations of this section, and all uses shall be subject to the regulations of the underlying zoning Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 132

326 district and the development and performance standards set forth in these regulations. In areas within the zoning jurisdiction which are designated as an FP Floodplain Overlay District, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined in the City Code and any amendments thereto. Notwithstanding the requirements of the underlying zoning district, the other requirements of these zoning regulations, and the detailed regulations present in the City Code and any amendments thereto, the following regulations shall supplement the regulations of the underlying zoning district. These regulations shall supersede those of the underlying zoning district where there is a conflict between regulations. Where by reason of flooding potential, and where the Flood Insurance Study and Flood Insurance Rate Map indicate the possibility of detrimental or limiting conditions for development, no person, firm or corporation shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of the City Code and any amendments thereto. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed with the zoning administrator. The application shall be accompanied by explanatory background information as required of the City Code and any amendments thereto, which shall include as a minimum: 1. Identification and description of the work to be covered by the permit; 2. Description of the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work; 3. Indication of the use or occupancy for which the proposed work is intended; 4. Provisions of plans and specifications for proposed construction; 5. Evidence of compliance with the requirements of the City Code; 6. Signature of the permitted or his authorized agent who may be required to submit evidence to indicate such authority; and 7. Provision of other information as may be required by the Building Official. D. Intensity of Use Regulations. The lot coverage and intensity of use requirements of the underlying zoning district, which this overlay district supplements, shall be maximum allowable. E. Height Regulations. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 133

327 The height requirements of the underlying zoning district, which this overlay district supplements, shall be the maximum height requirements subject to additional requirements as prescribed by these regulations. F. Yard Regulations. The yard requirements of the underlying zoning district, which this overlay district supplements, shall be the minimum yard requirements subject to additional requirements as prescribed by these regulations. G. Sign Regulations. The sign regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for all signs locating in this overlay district. H. Parking and Loading Regulations. The parking and loading regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for parking and loading subject to additional requirements as prescribed by these regulations. Sec A-I Airport Industrial Mixed Use District. A. Intent. The intent of the A-I Airport Industrial Mixed Use District is to provide for airport and airport-related uses in a manner that protects airport operations from encroachments and land use conflicts. This district accommodates the ongoing operational and expansion needs of the airport, including office, retail, dining, lodging (temporary-only), hangars, airplane storage, runways and other, similar uses. In the A-I District, no building, structure, land or premises shall be used or hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types authorized by this section. All uses shall be subject to the development and performance standards set forth in these regulations. B. Permitted Uses. In addition to those uses listed in , Tthe following uses are permitted by right, provided they meet the height, lot, design and other criteria of this district and these regulations: 1. Runways & taxiways 2. Navigational aids 3. Federal Aviation Administration (FAA) approved operational aids 4. General agriculture, excluding feedlots and keeping of farm animals 5. Terminal operations, to include related ticketing and office uses, baggage handling and restaurants Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 134

328 6. Fixed base operations, including charter, agricultural spraying and flight school operations 7. Hangars, maintenance and storage 8. Retail businesses and offices where all activity is inside a building and which emit no electrical or radio interference 9. Light to medium manufacturing operations where the entire operation is conducted within a building and providing no raw materials or manufactured products are stored outside 10. Vehicle rentals and associated vehicle storage 11. Aircraft and vehicle fueling station for support of airport operations C. Conditional Uses. The following uses are permitted in the A-I District pursuant to obtaining conditional use permit approval by the City of Hutchinson Governing Body, and upon recommendation of the Hutchinson Planning Commission. 1. Temporary living quarters, including short-term stay housing for pilots and passengers, provided said stays shall not exceed 14 days duration. Conditional Use Permits shall be approved in accordance with the provisions of of these regulations. D. Special Uses. None. E. Temporary Uses. The following temporary uses may be permitted provided a temporary use permit is obtained and said use is eliminated on or before the expiration date of the permit. 1. Fly-ins 2. Festivals 3. Farmer s markets 4. Retail sales 5. Air shows 6. Aircraft demonstrations Temporary use permits shall require approval by the Airport Manager, or designee. F. Accessory Uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 135

329 Buildings and uses customarily incidental to the permitted or conditional uses specified in this section shall be permitted, including public works facilities, maintenance garages and storage facilities. G. Site Plan Review. Site plan review shall be required when proposed construction meets the criteria established in of these regulations. H.G. Height and Lot Requirements. Use/Structures Min. Lot Area (Sq. Ft) Minimum Frontage Minimum Lot Depth Minimum Setbacks Max. Height Max. Lot Coverage (%) Front Yard Rear Yard Side Yard Other principal uses 5, (1) Accessory uses (2) (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall. Rural RoadRural StreetRural Street City ExpresswayState HighwayState Highway City ArterialArterial Street Front Yard Setback Table City CollectorCollector Street Non-Residential Residential City StreetResidential Street (Public or Private) 30 th Avenue Corridor N/A N/A 25 N/A N/A 10 N/A I.H. Miscellaneous Provisions. Supplemental regulations including, but not limited to, signs, parking, landscaping and fences shall be applied as required in Articles VII, VIII and IX of these regulations, and as follows: 1. Signs. Signs shall conform with the requirements of the I-3 Zoning District Parking. Parking requirements shall be determined based upon the use type. For use types not listed in , the following standards shall apply: a. Commercial Hangars. One per employee on maximum shift, plus two. b. Private Hangars. Two parking spaces Landscaping. Landscaping shall conform with the industrial design requirements of the I-3 Zoning District Fencing. Maximum fence height shall be eight feet, plus the required height for barbed wire, as needed for security purposes. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted Requirements H=Home Occupation Only D=Permitted with Design 1 Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec D.1. through Sec D.3, the provisions of this Section shall prevail. 136

330 EXHIBIT B Sec Definitions. 30th Avenue Corridor shall mean that area along 30th Avenue in the City of Hutchinson, Kansas, 225 feet in depth along the north and south sides of 30th Avenue, from Waldron Street to K-61 Highway. Abandonment shall mean the cessation or discontinuance of a use or activity without intent to resume, as distinguished from short term interruptions such as periods of remodeling or maintenance or normal periods of vacation or seasonal closure. Abut, Abutting shall mean touching or contiguous; as distinguished from lying near. Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by these regulations. Accessory Building or Structure shall mean any detached or attached building or portion of a principal building that is subordinate in size and function and serves a function customarily incidental to that of the principal building or principal use of the premises but is not used for dwelling purposes. Customary accessory buildings include garages, carports, tool sheds and similar structures. Accessory Dwelling Unit shall mean a subordinate dwelling located on the same zoning lot as the primary structure and which meets the design standards and use restrictions of these regulations. Accessory Use shall mean a use of land customarily incidental and subordinate to the principal use on the same zoning lot or tract. Active Recreation shall mean those outdoor uses that require more than sitting, walking or casual cycling, such as, but not limited to: golf (disc, traditional, foot); aquatic facilities (swimming pools, water parks, splash pads); skate parks; bmx parks and other, similar uses. Active recreation does not include motorized recreation. Adjacent shall mean adjoining, contiguous or abutting. Adult shall mean any person aged 18 years or older. Adult Book and/or Video Store shall mean an establishment which offers for sale or rental books, magazines, photographs, films, videos, or other visual representations, and other materials oriented toward representation of sexual activity of any kind. This term does not include occasional sales of books, magazines, videos and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. Adult Care Home shall mean any nursing facility, nursing facility for mental health, intermediate care facility for the mentally disabled, assisted living facility, residential health care facility, home plus, boarding care home or adult day care facility.

331 Adult Day Care Facility Center shall mean any place or facility operating less than 24 hours-a-day caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment, need supervision of or assistance with activities of daily living. Adult Entertainment Establishment shall mean any premise which provides adult sexually-oriented entertainment whether live or by motion pictures, videos, photographic reproductions or other means. Adult Entertainment shall mean services, products, or entertainment as detailed in Sec : AE Adult Entertainment District. Adult Family Home shall mean any private residence in which care is provided for not less than 24 hours in any week for up to four adult clients who (1) are not related within the third degree of relationship to the owner or provider by blood or marriage, (2) by reason of aging, illness, disease or physical or mental infirmity are unable to live independently but are essentially capable of managing their own care and affairs. The home does not furnish skilled nursing care, supervised nursing care or simple nursing care. Adult family home does not mean adult care home. Adult Novelty Store shall mean a commercial establishment offering for sale visual materials, printed matter, instruments, devices, and other paraphernalia designed and intended for use in connection with sexual activities. This does not include occasional sales of books, magazines, videos, and other materials that may meet this definition but are not considered obscene pursuant to K.S.A et. seq. Agricultural Operations see Agricultural UseFarming. Agricultural Chemical Manufacture / Storage shall mean the manufacture or storage of chemicals typically associated with, or intended to be used for, agricultural purposes, including defoliants, herbicides, fertilizers, insecticides and pesticides. Agricultural Use shall mean the use of a tract of land under one ownership for growing crops, pasturage, horticulture, commercial nurseries and greenhouses, truck farms, dairying, or the raising of poultry or cattle and other livestock, including commercial feedlots and the structures necessary for carrying out farming operations and the dwelling(s) of those owning and/or operating the premises such as a member of the family thereof or persons employed thereon and their families. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use. Airport shall mean the Hutchinson Municipal Airport or future airports owned and operated by the City of Hutchinson, unless otherwise specified. Alley shall mean a dedicated public right-of-way other than a street, which affords a secondary means of access to the side or rear of lots. Alteration shall mean any change, addition or modification in construction or use of an existing building or structure.

332 Amateur Radio shall mean radio equipment and associated antennas or support structures for the purpose of receiving or transmitting communications by a radio station as described in Section 153(g) of Title 47 of the CFR and which is operated under license by the FCC. Animal Breeder Premises shall mean any premises where all or part of six or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered, or maintained for sale, primarily at wholesale for resale to another. See also: Breeder Premises and Hobby Breeder Premises. Animal, domestic (household pet) shall mean any animal customarily kept by humans for companionship or as a service animal, including but not limited to dogs, cats, rabbits, hamsters, mice, turtles, aquarium fish and the like. Animal, domestic (farm) shall mean cattle, horses, sheep, poultry and similar animals commonly found on farms. Apartment shall mean a room or a suite of rooms in an apartment house or multiple family dwelling arranged, used, designed, or suitable for use by one or more persons as a place of residence with a kitchen or culinary accommodations. See also: Dwelling Unit. Apartment Complex shall mean a building or buildings containing apartments used as a place of residence for more than two households. Apartment House see Dwelling, Multiple Family. Applicant shall mean the owner or duly designated representative of land proposed to be subdivided, or for which a special use permit, conditional use permit, temporary use permit, zoning amendment, variance, appeal, exception, building permit, certificate of occupancy or other similar administrative permit has been requested. Consent shall be required from the legal owner or his legal representative in writing, except for building permits and zoning certificates. Appurtenances shall mean the visible, functional objects accessory to and part of buildings. Aquaculture shall mean the growing and harvesting of plant or animal organisms in a natural or artificial aquatic situation that requires a body of water. Aquaponics shall mean a food production system that combines conventional aquaculture with hydroponics in a symbiotic environment. Architectural Style shall mean the characteristic form and detail of buildings of a particular historic period. Area shall mean a piece of land capable of being described with such detail that its

333 location may be established and boundaries definitely ascertained. Area of Influence shall mean that area approved by the Governing bodies of the City of Hutchinson and Reno County within which the City has commenting authority on proposed development projects, as delineated on the approved Area of Influence Map. Artisanal Manufacturing Shop shall mean a person or business that makes a highquality, distinctive product in small quantities, typically by hand. Examples of artisanal manufacturing include, but are not limited to, breadmaking, woodworking, craft beer making and candy making. store, workshop or studio owned or operated by an artist or group of artists where hand-made arts and crafts are produced and sold, including but not limited to, jewelry, blown glass, pottery and candles. This definition is intended for shops that engage in small-scale production that may create noise, dust, heat or other impacts but at a scale and frequency that do not harm or interfere with the operations of neighboring businesses or residences. Assisted Living Facility shall mean any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours-a-day, seven days-a-week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by these regulations. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited-term basis, or, if limited in scope, on a regular basis. Athletic fields shall include fields designed for soccer, baseball, football and similar types of active recreation. Fields designed for motorized sports shall not be considered athlethic fields. Attached shall mean that a foundation, wall or roof of a building or structure is connected to and supported by the foundation, wall, or roof of another building or structure. Automotive and Machinery Repair Shop shall mean a building used for the repair of motor vehicles or machinery, including body repair and painting, provided that all such repairs shall be conducted wholly within a completely enclosed building. Automotive Sales Area shall mean an open or enclosed area not on a public right-ofway used for the display or sale of new or used motor vehicles or trailers by one required to be licensed as a motor vehicle dealer by the State of Kansas, and where no repair work is done except minor incidental repair of motor vehicles or trailers to be displayed and sold on the premises. Automotive Service Facility shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail any fuel, oils or accessories, and offering services such as lubrication, replacement or installation of minor parts and accessories

334 for use in or on any motor vehicle. Body repair and painting are not included in this definition. Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. See also: Drinking Establishment. Basement shall mean that portion of a building which is partly or wholly below grade. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground. Bed and Breakfast shall mean an owner-occupied residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite shorttime periods, sleeping rooms and meals are provided for one or more persons, provided that where the bed and breakfast is located in a residential district, there shall be a maximum of six three sleeping rooms. Bed and Breakfast Inn shall mean a bed and breakfast facility with four or more guest rooms. Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character of an area. Block shall mean a series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, parks, open land, or waterways. Board of Zoning Appeals shall mean that board which has been created by the Governing Body, said board having jurisdiction and the statutory authority to hear and determine special use permits, exceptions and variances to these zoning regulations and appeals of determinations of the zoning administrator. Boarding or Lodging House shall mean a building or structure which is kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, and which maintains common facilities for the serving or preparation of food for such guests. Breeder Premises shall mean any premises where all or part of one or two litters of dogs or cats, or both, are produced, whether or not they are offered for sale or are offered to prospective owners at no charge. See also: Animal Breeder Premises and Hobby Breeder Premises. Brew Pub shall mean a restaurant, bar or hotel which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops and yeast into beer or ale by mashing, cooking and fermenting. Brewery shall mean a licensed industrial use that distills, rectifies, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor, beer or cereal malt beverage. This does not include a microbrewery, brew pub or farm

335 winery. Buffer shall mean a strip of land established to separate one type of land use from another land use or between a land use and a private or public street. See also: Screening. Buildable Area shall mean that part of a zoning lot not included within the required yards or subject to other restrictions herein required where buildings can be constructed. Building shall mean a structure having a roof supported by columns or walls intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals or property; and when separated by firewalls each portion of such structure so separated shall be deemed a separate building. Building, Completely Enclosed shall mean any building having no outside openings other than ordinary doors, windows and ventilators. Building, Principal shall mean a building in which is conducted the principal uses of the lot or parcel upon where it is situated. See also: Use, Principal. Building Code shall mean the adopted building codes of the City of Hutchinson including but not limited to fire codes, electrical codes, property maintenance codes and fuel gas codes. Building Complex shall mean two or more buildings on the same lot or premises sharing one or more common access and parking facilities. Building Height shall mean the vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or flat roof, to the deck line of mansard roof, and to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs. Building Height Building Line see Setback Building Official shall mean the Building Official of the Inspections Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Bulk Regulations shall mean regulations in the zoning ordinance which control the size and relationship of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling maximum height, maximum lot coverage, and minimum width of yards and setbacks.

336 Carport shall mean a permanent roofed structure with not more than threetwo enclosed sides used or intended to be used for motor vehicle or recreational vehicle shelter. Centralized Sewer shall mean a private central sewer treatment facility for a single subdivision, community, or region with an accompanying collection network. Such system must comply with all requirements of the Reno County Sanitation Code and KDHE. Centralized Water shall mean a private water supply system for a single subdivision, community or region with an accompanying distribution system. Such system must comply with all requirements of the Reno County Sanitation Code and KDHE. Child Day Care Center shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, which (1) provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening and nighttime care; or (2) provides before and after school care for school-age children. The term does not include the following: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; (b) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; or (c) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations. City shall mean the City of Hutchinson, Kansas. Also, City Council or Governing Body. City Attorney shall mean the City Attorney of the City of Hutchinson or his/her authorized deputy, agent or representative. City Council shall mean the Hutchinson City Council. City Engineer shall mean the City Engineer of the Engineering Department of the City of Hutchinson or his/her authorized deputy, agent or representative. City Limits shall mean the established corporate boundary of the City of Hutchinson. Clinic shall mean an office building or a group of offices for one or more professionals licensed to practice by the State Board of Healing Arts or subsequent agency, engaged in treatment of the sick or injured, which are not lodged overnight. Club shall mean a nonprofit association or organization formed for fraternal, social, educational, philanthropic or other similar purpose, including professional organizations, unions and other similar organizations. Club, Class A shall mean a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the State of Kansas, for

337 the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them. Club, Class B shall mean a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment. Code shall mean the Municipal Code of the City of Hutchinson. Coffee Kiosk shall mean a retail food business in a freestanding building that sells coffee or other nonalcoholic beverages and pre-made bakery goods from a drive-through window to customers seated in their motor vehicles for consumption off the premises and that provides no indoor or outdoor seating. Collection Bin, Free Standing shall mean a large box, bin, or drop-off container located on a parcel of land for the purpose of collecting materials such as clothing, household items, paper, metal or glass to be reused, recycled, sold or donated. Columbarium shall mean a structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal. Commercial Entertainment shall mean those typically privately-held recreational and entertainment facilities intended to operate for-profit. Commercial entertainment includes such uses as movie theatres, drive-in theatres, miniature golf, motorized recreation and drone parks. Commission shall mean the City of Hutchinson Planning Commission. Common Area shall mean an area of land or water or combination thereof used for passive or active recreation, private streets, private alleys, driveways, off-street parking, loading areas, swimming pools, tennis courts, and similar types of uses in association with one or more principal uses. Community Center shall mean a place, structure, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve various segments of the community. Community Garden shall mean a parcel of land gardened collectively by a group of people which may include the sale of produce, herbs, flowers, and other by-products of the garden produced on site. Community Sanitary Sewer System see Centralized Sewer. Community Water Supply System see Centralized Water. Compact Development shall mean an infill residential development of at least 3 dwelling units per lot, which is permitted to have access from a public or private street.

338 Compatible Use shall mean a land use which is congruous with, tolerant of, and has minimal adverse effects on existing neighboring uses. Compatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical interference and radiation. Comprehensive Plan shall mean the adopted Comprehensive Plan of the City of Hutchinson, Kansas, which sets forth policies for the present and foreseeable future community welfare as a whole and meets the purposes and requirements of the residents of the City of Hutchinson and its planning and zoning jurisdiction. Conditional Use shall mean a use where allowed by the district regulations that may not be appropriate throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics will not be detrimental to the public health, safety and general welfare. All conditional uses require review by the Planning Commission and approval by the City Council. Conditional Use Permit shall mean the documentary evidence of authority granted by the City Council in accordance with these regulations which allows establishment of a conditional use at a particular location. Condominium shall mean a multiple dwelling building as defined herein whereby the title to each dwelling unit is held in separate ownership and the real estate on which the units are located is held in common ownership solely by the owners of the units with each having an undivided interest in the common real estate. Congregate Living shall mean a home or other building where dwellers reside in individual rooms or apartments but have meals in a common area. Examples of congregate living include assisted living facilities, boarding houses, rooming houses, group homes, dormitories, fraternities and sororities. Conservation shall mean the protection and care that prevents destruction or deterioration of historical or otherwise significant structures, buildings or natural resources. Contiguous shall mean the same as Abut or Abutting. Convenience Store shall mean an establishment engaged in the retail sale of food, beverages and other household supplies to customers who purchase only a relatively few items. There may also be fuel products such as gasoline and diesel available as part of the use, but shall not include motor vehicle repair. Correctional Facility shall mean a facility providing housing and care for individuals confined for violations of law. Typical uses include jails, prisons and juvenile detention

339 centers. Cottage Court shall mean a development having a single accessway that provides for a minimum of three single family residential units, whether attached or detached. Court shall mean an open space on the same lot with a building or buildings that is bounded on two or more sides by such buildings. County shall mean Reno County, Kansas. County Health Officer shall mean the Director of the County Health Department or such person designated to administer the health regulations of Reno County. Cul-de-Sac shall mean a right-of-way with one end open to traffic and the other end permanently terminated by a vehicular turn-around. Curb Cut shall mean an opening in the curb of a street or other type of passageway which enables vehicles to enter upon a parcel from a public street. Day Care Home, Licensed shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, in which care is provided for a maximum of 10 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE. Day Care Home, Licensed Group shall mean a facility operating in accordance with K.A.R et seq. and any amendments thereto, in which care is provided for a maximum of 12 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE. Deck shall mean a flat, floored, roofless structure. Roofless does not include a roll-out awning or a canopy provided that all the vertical sides, other than the residential structure are open. Dedicate shall mean to transfer property rights from the property owner to another person or entity. Detention Center shall mean a juvenile detention facility as defined in K.S.A (i) and K.S.A (f) which requires a license pursuant to K.S.A et seq. Detention centers may be subject to licensing requirements included in K.A.R through 360. There are specific criteria for meeting this definition as administered by KDHE. facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail and prison. Developer shall mean the legal or beneficial owner or owners of all the land proposed to be included in a development or the duly authorized agent thereof. The holder of an

340 option or contract of purchase, a lessee having a remaining term of not less than 40 years, or other persons having an enforceable proprietary interest in such land shall be deemed to be a developer for all purposes of these regulations. Development shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required. Director of Parks and Facilities shall mean the Director of the Parks Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Director of Planning and Development shall mean the Director of the Planning and Development Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Director of Public Works shall mean the Director of the Public Works Department of the City of Hutchinson or his/her authorized deputy, agent or representative. Domestic Animal see Household Pet. Drainage shall mean the removal of surface water from land through grading, installation of surface drains, construction of below surface drains and other means. Drainageway shall mean a man-made or natural conveyance that transports stormwater over land which is frequently referred to as a channel, swale, ditch, gully, stream or watercourse. Drinking Establishment shall mean any premises which may be open to the general public, where alcoholic liquor by the individual drink is sold. Drive-In Restaurant shall mean a restaurant where customers order food and beverages from order boxes, typically located in each parking stall, and the order is delivered to the car by an employee of the restaurant. Drive-In FacilityThru shall mean an establishment where customers can be served without leaving the confinement of their vehicle; where vehicles wait in a line to order and be served (as distinguished from drive-in facilities, where items are delivered to waiting vehicles parked in traditional parking spaces).. Drive-Thru Restaurant shall mean a restaurant where customers order food and beverages without leaving their vehicles from one or two order boxes and wait in a line to be served. Driveway shall mean any vehicular access to an off-street parking or loading facility. Dump see Landfill. Duplex shall mean the same as Dwelling, Two Family.

341 Dwelling shall mean a building or portion thereof containing complete housekeeping facilities, including living, sleeping, toilet, bath, and eating areas for one household. Dwellings shall contain a minimum of 600 square feet of floor area, unless classified as an Accessory Dwelling Unit or a Compact Dwelling / Economy Home. room or group of rooms in any building or portion thereof, including manufactured homes, expressly designed, designated and used exclusively to provide living quarters for one and only one household, containing a minimum of 600 square feet of floor area and exclusive of any additions to the structure not corresponding to the construction and appearance of the main unit. Dwelling, Multiple Family shall mean a building or buildings identified, designed, used or suitable for use as a residence for three or more families living in separate apartments. Dwelling, Single Family shall mean a building having accommodations for or occupied exclusively by one family. Dwelling, Single Family Attached shall mean a single family dwelling unit that is attached to one or more additional single family dwellings. Said dwelling units are separated by an un-pierced common wall or walls (as required by local codes) through the center of the structure that also sits along the property line separating ownership of the structure. See also: Dwelling, Two Family and Townhouse. Dwelling, Two Family shall mean a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. Dwelling Unit shall mean a building or portion thereof containing complete housekeeping facilities, including living, sleeping, toilet, bath, and eating areas for one household. See also: Dwelling. Easement shall mean an authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property. Eating Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Economy Home shall mean a single family residential dwelling unit that is a minimum of 400 square feet in size and a maximum of 800 square feet in size. Educational Institution shall mean a public or private institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such institutions must meet all criteria and standards as established by the Kansas State Board of Education or other respective authority having jurisdiction over the institution. Effective Date shall mean the date that these regulations shall have been adopted or

342 amended, or the date land areas became subject to the regulations contained in these regulations as a result of such adoption or amendment and any subsequent publication as required by law. Emergency Shelter shall mean a facility providing 24-hour residential care and protection for a period not to exceed 30 days and which provides the resident access to the surrounding community. Encroachment shall mean advancement or intrusion beyond the lines or limits as designated and established by these regulations, or an infringement or trespass into or upon the possession or right of others without permission. Enlargement shall mean the expansion of a building, structure or use in number, volume, size, area, height, length, width, depth, capacity or ground coverage. Exception shall mean the allowance of a use with specific conditions in a given zoning district by special use permit where specifically authorized by these regulations or to the standards required by these regulations and authorized by Section Exotic Animal Please refer to7 Chapter 7, Section of the Hutchinson Municipal Code for the definition of an Exotic Animal. Exterior Lighting shall mean lights installed outdoors on an outside wall, a roof, a standard pole or other device, not including lights that shine on or which are a part of a sign but including security lights, flood lights, decorative lights, parking lot lights and similar lights. Extraterritorial Jurisdiction shall mean the area beyond the corporate limits of the City in which the City has been granted the powers by the County to apply comprehensive planning, zoning and subdivision regulations and is exercising such powers. Facade shall mean the entire building front, including the parapet. Factory shall mean a building(s) or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use. Family shall mean an individual or two or more persons related by blood, adoption or marriage, or a group of not more than four persons (including servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. Federal Communications Commission (FCC) shall mean the federal agency charged with licensing and regulating wireless communication at the national level. Feedlot Non-Commercial shall mean the confinement of domestic animals in buildings, lots, pens, pools or ponds which are being maintained for non-commercial purposes. Feedlot, Commercial shall mean the feeding of livestock, poultry or small animals for commercial purposes usually in lots, pens, ponds, sheds or buildings where food is

343 supplied primarily by means other than grazing, foraging or other natural means. a livestock feedlot or feed yard as defined by K.S.A as amended from time to time, licensed by and operated under standards set forth by the Kansas Livestock Commission. Fence shall mean a freestanding structure enclosure or barrier intended to provide privacy, protection, security, screening or confinement, or to redirect a person s travel. 1. Fence, Live shall mean landscape material of at least four feet in height consisting of plants which retain leaves or needles throughout the year and obscure the view between parcels and uses. 12. Fence, Open shall mean a fence of approved material, which has, for each one-foot-wide segment extending over the entire length and height of the fence, 50 percent or more of its surface area in open spaces which affords direct views through the fence. 23. Fence, Solid shall mean a fence of approved material, excluding chain link with slats, which obscures at least 90 percent of vision through each onefoot-wide segment extending over the entire length and height of the fence. Fireworks, Class C shall mean common fireworks and firecrackers sold for consumer use. Consumer fireworks include shells and mortars, multiple tube devices, Roman Candles, rockets, sparklers, firecrackers with no more than 0.05 grams of powder and novelty items such as snakes, airplanes, ground spinners, helicopters, fountains and party poppers. In general consumer fireworks are: United States Department of Transportation Class C 1.4GUN0336. Fireworks Stand shall mean any tent or shelter used for the retail sale of fireworks on a temporary basis. Flammable or Explosive Material shall mean any substance which decomposes through detonation or which is intense burning. In addition, any substance which is considered an explosive or a flammable liquid as defined in Division IV of Article I of the City of Hutchinson Fire Code shall be considered a flammable or explosive material. Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land area, resulting from the over flow of creeks, rivers or streams, or from the unusual and rapid accumulation or runoff of surface waters from any source. Floodplain shall mean land area subject to inundation from surplus storm water as defined by a FEMA Flood Insurance Study and as depicted on a Flood Insurance Rate Map. The floodplain is the area adjacent to the floodway which on average has a one percent chance of flooding in any year. Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (one percent annual chance flood) without cumulatively increasing the water surface elevation more than one foot.

344 Food Sales shall mean establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops. Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside stand, industrial-feeding establishment, catering kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. Said uses shall comply with all local and state regulations. Freestanding Canopy shall mean a permanent, freestanding, unenclosed roof structure, typical of gas stations and financial institutions, designed to provide patrons shelter from the elements. Front shall mean the part or side of a building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for that building or structure. Frontage shall mean the portion of a parcel of propertyor lot which abuts a dedicated public street or,highway or private roadway. 1. Lot Frontage shall mean the distance for which the front boundary line of the lot and the right-of-way are coincident. 2. Street Frontage shall mean all of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting one side between an intersecting street and the dead-end of the street. Funeral Home / Mortuary shall mean a building used for the temporary storage, preparation and viewing of the deceased and for the performance of rituals and ceremonies connected therewith before burial or cremation. Crematoriums are permitted as an accessory use to a funeral home/mortuary provided they are licensed by the Board of Mortuary Science Examiners and have received an establishment permit to operate as required by the State of Kansas and must meet all federal regulations. Garage, Private shall mean any detached accessory building or portion of a principal building designed or used for the housing and storage of motor vehicles and other property which belong to, or are provided for the exclusive use of, the occupants of the lot or premises upon which such building is located and having no provisions for the commercial repair or upkeep of such vehicles. Garage, Public shall mean any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, keeping and/or repair of motor vehicles.

345 Garage, Repair shall mean a building designed and used for the storage, care, repair or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work as a commercial business. See also: Service Station. Garage Sale or Yard Sale shall mean a temporary residential accessory use, not exceeding more than four events per calendar year and three consecutive days per event, whereby items accumulated during the everyday residential use of a dwelling are sold. Garden shall mean a plot of ground gardened by the owner or lessor of the premises.

346 Gas Station shall mean a building and premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail. A gas station is not a service station and is not operated as a convenience store. Governing Body shall mean the City Council of the City of Hutchinson, Kansas. Grade shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. Green shall mean an environmentally sensitive and sustainable approach to site and building design, the rehabilitation of existing buildings and the reuse of materials from the demolition process. Green Space shall mean an open space available for unstructured recreation and landscaping consisting of grassy areas and trees. Greenhouse shall mean a commercial building or premises used for growing plants, preparation of floral arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or horticultural purposes. Greenhouse, Noncommercial Accessory shall mean a building constructed primarily of glass, plastic or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables or other plants intended for private use and not for sale. Gross Floor Area shall mean the sum of the horizontal areas of all stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Ground Cover shall mean plant materials or approved inorganic materials used in landscaping which may be intended to keep the soil from being blown or washed away and which remain less than 24 inches in height at maturity. Turf grass is excluded. Ground Level shall mean the grade at the public right-of-way edge or parcel boundary edge, whichever applies. Ground Water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated. Group Boarding Home shall mean a facility which operates in accordance with K.A.R et seq. and any amendments thereto, which provides residential care for not less than five nor more than ten persons unrelated to the caregivers, and which provides residents access to the surrounding community and includes emergency shelters and maternity homes. There are specific criteria for meeting this definition as administered by KDHE.

347 Half-Way House shall mean a licensed home for individuals on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Hard Surface shall mean any permanently applied asphalt or concrete surface of an approved thickness, or other approved surface, excluding asphalt millings with or without a slurry seal, and excluding crushed rock, gravel, loose fill material, grass, sand and dirt. Hazardous Waste shall mean waste materials including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment as defined by state and local regulations. Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged so as to form a physical barrier or enclosure. Hobby Breeder shall mean any person who operates a hobby breeder premises. Hobby Breeder Premises shall mean any premises where all or part of three, four, or five litters of dogs or cats, or both, are produced for sale or are sold, offered or maintained for sale. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than 30 individual animals. Home Occupation shall mean a commercial occupation or activity conducted by a person within a dwelling unit or accessory building of said person s primary place of residence, which is clearly incidental and secondary to the use of the premises for dwelling purposes. Homeowners Association shall mean a community association which is organized in a development in which individual owners share common interests in open space or facilities. The homeowners association usually holds title to reserve areas, manages and maintains the common area, and enforces certain covenants and restrictions. Hospice shall mean a facility serving as a medical and residential facility for end of life treatment, providing inpatient services and support services for families of the residents and patients. Hospital shall mean a building or group of buildings having room facilities for one or more patients, used for providing services for the inpatient medical and surgical care of ill or injured persons, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities and staff offices; provided, however, that such related facilities must be incidental and subordinate to the principal use and must be an integral part of the hospital operation.

348 Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations at a daily rate to the general public and providing associated services such as restaurants, meeting rooms, and recreational facilities. The term hotel includes motel and other similar transient accommodations. Household shall mean one or more persons related by blood, marriage, adoption or guardianship; or four or less persons, not so related, who occupy a dwelling unit and live as a single housekeeping unit. Household Pet shall mean any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Hydroponics shall mean a method of growing plants using mineral nutrient solutions, in water, without soil. Impervious Surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as conventionally surfaced streets, sidewalks, parking lots, driveways, and the roofs of buildings. Industry shall mean the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. Infill Development shall mean the development of vacant or underutilized land located in a predominately built up area. Infrastructure shall mean facilities and services needed to sustain industryindustrial, residential, commercial, and all other land-use activities, including water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc. Inoperable Vehicle Storage shall mean those vehicle storage areas permitted as an accessory use to permitted auto repair uses and does not include salvage uses. Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with low intensity uses. Junk shall mean any worn-out, cast-off, old or discarded articles of scrap metal, copper, brass, iron, steel, wood, rope, rags, batteries, paper, trash, rubber, debris, appliances, waste, construction and demolition debris, dismantled or wrecked motor vehicles or parts thereof, and other old or scrap materials including ferrous or nonferrous material, and any other material defined as junk by local and state regulations.

349 Junkyard shall mean an establishment which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of a salvage yard or motor vehicle graveyard. Junkyards shall comply with all local and state regulations. Kennel see Breeder Premises, Animal Breeder Premises and Hobby Breeder Premises. Landfill shall mean a site established for disposing of solid wastes in a manner that minimizes environmental hazards which is operated in accordance with the regulations of KDHE. Landscape shall mean plant materials, topography and other natural physical elements combined in relation to one another and to man-made structures. Landscaping shall mean the improvement of a lot, parcel or tract of land with grass, shrubs, plants and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains and statuary, and other similar natural and artificial objects designed and arranged to produce a visually pleasing effect. Large-scale assembly shall mean a public or institutional type of building(s), which contains more than 20,000 square feet of gross floor area. Large Truck or Trailer shall mean a vehicle used for hauling loads or trailers along streets and highways. Large trucks include tractor trailer rigs, delivery trucks, cement trucks, dump trucks, and other such heavy duty commercial vehicles. All motor vehicles wider than seven feet six inches or higher than eight feet shall be classified as large trucks for the purposes of these regulations. Semi-trailers shall be classified as large trailers. LEED shall mean a professional credential that means Leadership in Energy and Environmental Design as administered and regulated by the United States Green Building Council. LEED-ND shall mean a professional credential within the overall LEED program meaning Leadership in Energy and Environmental Design Neighborhood Design as administered and regulated by the United States Green Building Council. Liquor Store, Package shall mean an establishment in which alcoholic beverages in original containers are sold for consumption off the premises. Live Fence see Fence, Live. Live/Work Unit shall mean a single unit (studio, loft or one bedroom) consisting of both a commercial and residential component that is occupied by the same person. The live/work unit shall be the primary dwelling of the occupant. Livestock shall mean cattle, horses, sheep, poultry and similar animals raised for domestic use or sold for profit.

350 Loading Space shall mean an off-street space or berth on the same lot with a main building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress. Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded subdivision plat or has been recorded prior to the adoption of these regulations, or a parcel of real property delineated on an approved record of survey, lot split or tax lot, or tract as filed in the office of the Reno County Register of Deeds. Lot, Corner shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot (see Lot, Interior ). Lot, Double Frontage see Lot, Through. Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. The lot width of a flag lot shall be measured at the midpoint of the main portion of the lot. Lot Interior shall mean a lot other than a corner lot which has frontage on one street or road only. In the case where two streets or roads intersect at an angle of 135 degrees or more, then the adjacent lot(s) shall be considered an interior lot. Lot, Through shall mean a lot having frontage on two non-intersecting dedicated streets or road rights-of-way, not including a corner lot. Lot, Zoning see Zoning Lot. Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot. Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy. Lot Depth shall mean the average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot. Lot Frontage shall mean the side of a lot abutting on a legally accessible street, whether private or public, right-of-way other than an alley. Lot Line shall mean the property line bounding a lot. 1. Lot Line, Front shall mean the property line abutting a street or road rightof-way upon which the permanent street address is based. 2. Lot Line, Rear shall mean a lot line not abutting a street or road right-ofway which is opposite and most distant from the front lot line.

351 3. Lot Line, Side shall mean any lot line other than a front lot line or rear lot line. Lot of Record shall mean a lot which is part of a subdivision, the plat of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations, or a lot described by metes and bounds, the description of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations. Lot Width shall mean the horizontal distance between the side property lines measured at the front property line as it abuts the street or along the street right-of-way line on unplatted streets, except that on cul-de-sac lots, the lot width shall be measured at the required front yard setback line. Manufacture shall mean to use any method of processing, developing, fabricating or assembling, either raw materials, semi-finished materials or parts into a semi-finished or finished product. Manufactured Home, Certified shall mean a structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act. generally known as the HUD Code, established pursuant to 42 U.S.C Such structure shall have been constructed after June 15, Such units shall provide all of the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations. For purposes of these regulations, the term manufactured home, when used by itself, shall not include a residential-design manufactured home as defined in these regulations. All manufactured homes moved into the City s zoning jurisdiction or from one manufactured home park or subdivision to another shall be certified and shall be in compliance with all City regulations. Manufactured Home, Non-Certified shall mean a manufactured home as defined above that has not been certified as meeting the federal Manufactured Home Construction and Safety Standards Act established pursuant to 42 USC Non-certified manufactured homes shall not be moved into the City s zoning jurisdiction nor from one manufactured home park or subdivision to another. Manufactured Home, Residential-Design shall mean a manufactured home on a permanent foundation which meets the construction and design standards of the City. A residential-design manufactured home shall be used only as a single family dwelling. All residential-design manufactured homes shall meet the requirements of Sec of these regulations. Manufactured Home, Single-Wide shall mean a manufactured home which measures less than 22 feet in width when affixed to the manufactured home pad. Manufactured Home Accessory Building or Structure shall mean a subordinate building or structure which is an addition to or supplements a manufactured home, such as an awning, cabana, storage structure, carport, porch, fence, skirting or windbreak.

352 Manufactured Home Lot shall mean a plot of ground within a manufactured home subdivision for the placement of one manufactured home for single family occupancy and the exclusive use of its occupants and which provides the necessary utility services for water, sewage and electricity. Manufactured Home Pad shall mean that portion of an individual lot on which the manufactured home unit and any attached structure is placed. Manufactured Home Park shall mean a parcel of land under single ownership that has been planned and improved for the placement of manufactured homes used or to be used for dwelling purposes and where manufactured home spaces are not offered for sale or sold. The term manufactured home park does not include sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection or sale. Manufactured Home Skirting shall mean the enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home. Manufactured Home Subdivision shall mean a subdivision that is platted for development as individual home sites for manufactured homes, modular homes, residential-design manufactured homes and site-built single family dwellings, all of which are required to be placed on permanent foundations. Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics, resins, food processing and liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer. Manufacturing, Heavy shall mean the manufacture of non-hazardous and non-explosive materials that require or include outdoor storage of materials, supplies or goods. Manufacturing, Light shall mean the manufacture of non-hazardous and non-explosive materials that do not require or include outdoor storage of materials, supplies and goods, and which manufacturing processes are conducted entirely within a fully enclosed building. This definition does not include artisanal manufacturing. Master Fee Schedule shall mean a fee schedule maintained by the City which establishes the required fees to be collected for specific planning, zoning, subdivision and similar activities. Mechanical Equipment, Building shall mean equipment, devices, and accessories, the

353 use of which relates to water supply, drainage, electric, heating, ventilating, air conditioning and similar purposes. Mini-Storage or Mini-Warehouse see Self-Service Storage Facility. Mining or Quarrying shall mean the extraction of metallic and nonmetallic minerals, excluding oil or natural gas. Typical uses include sand, soil and gravel pit operations, quarries and mines. Miscellaneous Structures shall mean structures other than principal buildings. Examples are: memorials, staging, antennas, water tanks and towers, sheds, shelters, fences, walls, kennels, transformers, drive-up facilities and similar improvements. Mobile Vendor shall mean a person or persons who sell goods, food or other merchandise via mobile/transient means, typically from a vehicle designed for cooking and dispensing of said food or merchandise. Mobile Vendor Park shall mean a group of two or more mobile vendors (food trucks, etc.) located for a temporary period of time on the same zoning lot. Monopole shall mean a type of support structure that consists of a vertical pole fixed into the ground and/or attached to a foundation. Motel see Hotel. Motor Freight Terminal (Truck Terminal) shall mean a building or area in which freight brought by large trucks is received, assembled or stored and dispatched for routing by large trucks which may include large truck and trailer storage. Motor Vehicle shall mean every a self-propelled land vehicle not operated upon rails, except mopeds and self-propelled wheelchairs. Motor Vehicle Graveyard shall mean any establishment which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined, dismantled, disabled or inoperable motor vehicles, watercraft, recreational vehicles, trailers, boxcars, tractors, farm machinery and other conveyances, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Said uses shall comply with all local and state regulations. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a motor vehicle graveyard. Motor Vehicle Repair (Light-Medium) shall mean a building used for the purpose of repairing up to four-axle motor vehicles, with a maximum vehicle weight of 14,000 pounds. Commercial trucks, buses and other large vehicles are not considered lightmedium vehicles.

354 Motor Vehicle Repair (Heavy) shall mean a building used for the purpose of repairing vehicles weighing more than 14,000 pounds or any vehicle with more than four axles. Multi-modal Shipping Container shall mean a large, standardized shipping container designed and built for freight transport across different modes from ship to rail to truck without unloading / reloading cargo. Multi-unit Living. See Dwelling, Multiple Family. Nonconforming Building or Structure shall mean a building or structure or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. Nonconforming Lot shall mean a lot which does not comply with the lot size requirements for the district in which it is located. Nonconforming Use shall mean a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. Non-Ground Floor Dwelling (Loft) shall mean a dwelling unit in a commercial building which is located on the second or higher story. Nursery shall mean the use of a premises for the propagation, cultivation and growth of trees, shrubs, plants, vines and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the plants may be sold. Nursing Facility shall mean any place or facility operating 24 hours-a-day, seven daysa-week, caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care to compensate for activities of daily living limitations. Nursing Facility For Mental Health shall mean any place or facility operating 24 hoursa-day, seven days-a-week caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care and special mental health services to compensate for activities of daily living limitations.

355 Off-Street Parking Area shall refer to all off-street areas and spaces designed, used, required or intended to be used for parking, including driveways or access ways in and to such areas. Office, General shall mean a business establishment or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics. Office, Medical shall mean a business establishment or portion thereof, which furnishes medical, surgical or other service to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental labs, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Open Space shall mean a parcel, portion of a parcel or parcels of land, together with the improvements thereon, primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking areas, structures and buildings. Outdoor Storage shall mean the storage of any material for a period greater than 24 hours, including items for sale, lease, processing and repair (including vehicles) not in an enclosed building. Overlay District shall mean a district which acts in conjunction with the underlying zoning district and which provides an additional layer of regulations. (The underlying zoning district designation does not change.) Owner shall mean one or more persons, including corporations, who have legal title to the property, building or structure in questionreal property. Parcel shall mean a lot, tract or contiguous group of lots in single ownership or under single control, which may be considered as a unit for purposes of development. Parcel Boundary shall mean a line bounding a parcel which divides the parcel from another parcel, a public right-of-way, or any other public or private space. See also: Lot Line. Parcel, Zoning shall mean an area of land, undivided by any street under single ownership or control, which is or will be occupied by one structure or land use plus accessory structures and uses which may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof, and including the yards required in these regulations. See also: Zoning Lot. Park shall mean any public or private land available for recreational, educational, cultural or aesthetic use. Parking Area, Private shall mean an area, other than a street or alley, used for the parking of motor vehicles, which is restricted from general public use.

356 Parking Area, Public shall mean an area, other than a private parking area or street, used for the parking of motor vehicles, either for free or for remuneration. Passive Recreation shall mean recreational facilities / uses that are designed to facilitate sitting, walking, casual cycling, and the like. Parking Lot shall mean any land used for the temporary parking of motor vehicles. Pergola shall mean an accessory recreational structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. Permanent Foundation shall mean a base constructed from either poured concrete or laid masonry rock or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached. Permitted Use shall mean a land use that is allowed by right within a given zoning district. Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity. Personal Services shall mean uses providing human services exclusively to private individuals as the ultimate consumer. Personal services shall include but not be limited to grocery shopping services, tailoring and alterations, hair salons, spas, nail salons, barber shops, private household services and temporary personal in-home care. Pervious Surface shall mean a surface that allows surface water penetration. Planned Unit Development shall mean a development designed to provide for a determined arrangement of residential, business or industrial uses in accordance with an approved development plan. Planning Commission shall mean the City of Hutchinson Planning Commission. Plant Materials shall mean trees, shrubs, vines, ground covers, grasses, turf, perennials, annuals and bulbs. Plat shall mean a drawing which is approved by the jurisdictional governing body and filed of record with the Reno County Register of Deeds that delineates the subdivision of a parcel of land. A plat commonly shows lots, blocks, streets, easements and other features relevant to the development and improvement of the property. In addition, plat shall also mean a drawing showing the location, boundaries and legal description of individual properties. Portable Storage Unit Container shall mean a transportable unit designed and used for the storage of retail merchandise, household goods, personal items, construction materials, supplies and non-hazardous materials which is placed on a property for the

357 use of the residents or business on the property or for storage during the construction of a building. Portable storage units containers shall include but not be limited to such units commonly known as PODS, mobile attics, shipping containers, portable storage containers, and similar uses, but shall not include railroad cars or multi-modal shipping containers. Portable storage units containers are designed to be used outside of an enclosed building and are not placed on a permanent foundation or used for occupancy by persons. Premises shall mean any one or more lots or tracts of land, including all buildings, structures, or facilities located thereon. Preschool shall mean an early childhood program which provides primarily educational services, and the following: 1. Provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A and any amendments thereto, and who are 30 months of age or older; 2. Conducts sessions not exceeding three hours per session; 3. Does not enroll any child more than one session per day; and 4. Does not serve a meal. The term preschool shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer then 13 children and be licensed as a preschool if the program and facility meets state regulations. There are specific criteria for meeting this definition as administered by KDHE. Preservation shall mean the act of protecting an area, parcel of land, or structure from being changed or modified from the present character to another that is not representative of a specific period or condition. Primary Street Frontage see Street Frontage, Primary Principal Building see Building, Principal. Principal Use see Use, Principal. Private Well shall mean a well that provides water supply to less than 10 service connections and regularly serves less than 25 individuals daily for at least 60 days per year as defined by K.S.A a. Prohibited Use shall mean any use of land or a structure other than those considered legal nonconforming, which is not listed as a permitted use, permitted with design standards, conditional use or special use within a zoning district. Public, Institutional and Civic Facility shall mean any building, location or structure owned by a public entity, such as a library, fire station, school, community center, park, and other similar facilities and uses.

358 Public Use shall mean a specified activity or area that either through actual public ownership or through dedication of easements allows the general public access and use. Public Utility shall mean any business which furnishes the general public telephone service, telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government. Public Water and Sewer Systems shall mean a water or sewer system owned and operated by a governmental entity which meets all local, state and federal requirements. Railroad shall mean the land use including the right-of-way abutting railroad properties occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and leased for use by others. Recreational Facility shall mean facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. In addition, recreational facilities shall mean museums, amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used for public viewing), and theme parks. Recreational Vehicle (RV) shall mean a vehicular, portable structure, either self-propelled or pulled, designed for short term occupancy and highway travel without a special permit, including but not limited to motor homes, converted buses and vans, and camper tents, travel trailers, boats and boat trailers used exclusively for the purpose of traveling and occupancy by the owner, members of his or her family and guests, on camp trips beyond the city limits. Pickup trucks with camper shells shall not be included in this definition. Recreational Vehicle Park (RV Park) shall mean a commercial tract of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers or travelers on a rental basis. Recycling Facility shall mean any location where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires, bottles and other materials. Redevelopment shall mean the act of preserving and/or rehabilitating existing buildings. In extreme cases, redevelopment may involve the demolishing of a building or structure for the purpose of a new use or building. Repair (Except Vehicle Repair) shall mean repair of appliances and other household goods, including but not limited to sewing machines, vacuum cleaners, washing machines, dryers, refrigerators, stove, upholstery and the like.

359 Repair, Aircraft and Railcar shall mean the repair of aircraft and aircraft parts as well as the repair of railcars, locomotives and other railroad apparatus. Residence shall mean a building used, designed or intended to be used as a home or dwelling place for one or more families. Residential Center shall mean a facility which operates in accordance with K.A.R et seq. and any amendments thereto, which provides residential care for more than ten persons unrelated to the caregivers, and which provides residents access to the surrounding community and includes emergency shelters and maternity homes. There are specific criteria for meeting this definition as administered by KDHE. Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building. Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared food and/or beverages to customers seated within motor vehicles for consumption either on or off the premises. Retail Sales shall mean establishments engaged in the selling of goods or merchandise to the general public for personal or household consumption. Retail Service shall mean retail establishments providing services or entertainment, as opposed to products, to the general public for personal or household use. Retaining Wall shall mean a man-made barrier constructed for the purpose of stabilizing soil, retarding erosion or terracing a parcel or site. Rezoning shall mean an amendment to the zoning map which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance. Right-of-Way shall mean a strip of land dedicated for or intended to be occupied by a street, crosswalk, railroad, or road., electric transmission line, oil or gas pipeline, water main, sanitary sewer, storm sewer or another such use. Road shall mean the same as Street. Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, and hallways. Rooming House shall mean every building or other structure which is kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, but which does not maintain common facilities for the serving or preparation of food for such guests.

360 Rural Road see Street, Rural Salvage Yard shall mean any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal or other discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a salvage yard. Scale shall mean a proportional relationship of the size of parts to one another and to the human figure. For site plans and other plans referenced herein, scale means the geometric relationship between the plan and the ground. School shall mean any public or private elementary school, middle school, high school, community college, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year. School, Elementary, Middle School, or High shall mean public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State of Kansas. Screening shall mean landscaping, fences, structures or plantings that conceal from view from public ways or from residential property the area behind such landscaping, fences, structures or plantings. Self-Service Storage Facility shall mean a building or group of buildings containing individual, compartmentalized and controlled access stalls or lockers for storage. Service Station shall mean a building and premises where the principal use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities such as engine tune-ups, lubrications and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting, and body repair. Setback shall mean the distance between a building and the lot line or street right-of-way line, whichever is applicable, measured as an extension of the building line. Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said setback line shall be measured from and parallel to the street right-ofway line or highway setback line when one has been established. Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be measured from and parallel to the property line.

361 Shopping Center shall mean a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations and protection from the elements. Side Street see Yard, Side Street Front. Sight Triangle shall mean the area at a public or private street intersection required by these and/or other regulations to be maintained free of structures, objects or plantings, and where nothing shall be erected, placed, planted or allowed to grow which could materially impede the vision of motorists and/or pedestrians and thereby pose a safety hazard. Refer to Section of these regulations for required dimensions and other requirements for sight triangles. Similar Use shall mean the use of land, buildings or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities. Single-Unit Living. See Dwelling, Single Family. Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, driveways, parking spaces, loading spaces, lighting, drainage, landscape features and other principal and accessory site development improvements for a specific parcel of land. Site Plan Review shall mean the review by the city of all documents and applications necessary for development including subdivision plats, site plans, rezoning requests, permit review and/or other applicable forms. Skilled Nursing Home shall mean a facility where services performed by or under the immediate supervision of a registered professional nurse and additional licensed nursing personnel. Skilled nursing includes administration of medications and treatments as prescribed by a licensed physician or dentist; and other nursing functions which require substantial nursing judgment and skill based on the knowledge and application of scientific principles. All skilled nursing homes shall be operated in accordance with the regulations of the Kansas Department of Aging. Solid Fence see Fence, Solid. Solid Waste shall mean waste materials including but not limited to garbage, trash, refuse, rubble, sewage sludge, offal, dead animals or paunch manure. Special Use shall mean a certain use of land or buildings that may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of such use with surrounding uses.

362 Special uses are restricted and approved by the Board of Zoning Appeals. Special Use Permit shall mean the documentary evidence of authority granted by the Board of Zoning Appeals when a certain use of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken and conditions imposed to assure the compatibility of such use with surrounding uses. Stadium shall mean a large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators. State shall mean the State of Kansas. Storage shall mean the keeping of any goods, junk, material, merchandise or vehicles, whether indoors, outdoors, roofed or unroofed, in an area on the same tract or premises. Stormwater Detention Area shall mean an area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding. Stormwater Management shall mean the collecting, conveyance, channeling, holding retaining, detaining, infiltrating, diverting, treating or filtering of surface water, ground water, and/or runoff, together with applicable managerial (non-structural) measures. Stormwater Retention Area shall mean a wet or dry stormwater holding area, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway. Stormwater Runoff shall mean surface water generated by rainfall that does not seep into the earth but flows over land, including impervious surfaces, to flowing or stagnant bodies of water. Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story. Story, First shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. Story, Half shall mean a space under a roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which

363 space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story. Street shall mean a right-of-way which affords principal means of vehicular access to property abutting thereon. Street, Arterial shall mean a street identified as an Arterial on the Hutchinson Street Classifications Map. Street, Collector shall mean a street identified as a Collector on the Hutchinson Street Classifications Map. Street, Residential/Other shall mean a street identified as Residential/Other on the Hutchinson Street Classifications Map. Street, Rural shall mean any street that has not been identified by the Hutchinson Street Classification Map. Street, State Highway shall mean a street identified as a State Highway on the Hutchinson Street Classifications Map. Street, Expressway shall mean a street that provides direct access to other arterials and shall not have direct access to individual land uses, shall be designed to allow for higher speed vehicular traffic, and where on-street parking is prohibited. Street, Major Arterial shall mean a street that could serve non-local traffic, may have direct access to public, commercial or industrial land uses, should accommodate more than 7,000 vehicles per 24-hour period, shall be designed to allow for a higher speed of traffic, and where on-street parking shall generally not be permitted. Street, Major Collector shall mean a street that serves some non-local traffic, may have direct access to public, commercial or industrial land uses, and should accommodate between 3,000 and 7,000 vehicles per 24-hour period. Street, Major Residential shall mean a street that provides access to minor residential streets, courts and ways, as well as individual dwelling units, and shall serve from 100 to 150 dwelling units or have an average daily traffic of between 1,000 and 1,250 vehicles per 24-hour period. Street, Minor Arterial shall mean a street that could serve non-local traffic, may have direct access to public, commercial or industrial land uses, and should accommodate more than 7,000 vehicles per 24-hour period. Street, Minor Collector shall mean a local street that provides access to commercial or industrial land uses or more than 150 dwelling units, accommodates a maximum average number of 3,000 vehicles per 24-hour period, shall be designed to encourage a speed of approximately 30 miles per hour, and where on-street parking may be permitted.

364 Street, Minor Residential shall mean a local street that provides access to residential lanes, courts and ways, as well as individual dwelling units, shall serve from 31 to 100 dwelling units or have an average daily traffic of between 200 and 1,000 vehicles per 24- hour period, and shall be designed to encourage a speed approximately 30 miles per hour. Street, Private shall mean a street which affords principal access to property abutting thereon, which right-of-way is owned, controlled and maintained by persons other than the public. Street, Public shall mean a street which affords the principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use. Street, Residential Way shall mean a street that serves a maximum of 30 dwelling units or has an average daily traffic of less than 200 vehicles per 24-hour period, shall be so designed to encourage reduced vehicle speed, and may be a cul-de-sac, loop street or minor cross street but shall not function as a minor or major collector street. Street Centerline shall mean the centerline of a street right-of-way as established by official surveys. Street Frontage shall mean the distance for which a property line adjoins a public street from one property line intersecting said street to the opposite property line. Street, Frontage Access shall mean a street adjacent to a major street, major interregional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip. Street Frontage, Primary shall mean the street frontage for which the property address is determined. Streetscape shall mean the scene as may be observed along a public or private street or way composed of natural and man-made components, including buildings, paving, plantings, street hardware and miscellaneous structures. Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas. Structure, Principal see Building, Principal. Structure Height see Building Height. Structural Alteration shall mean any change in the support members of a building, such

365 as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls or similar components. Subdivision shall mean the division of land, lot, tract or parcel into two or more lots, parcels, plats or sites, or other divisions of land for the purpose of sale, lease, offer or development, whether immediate or future. The term subdivision shall also include the division of residential, commercial, industrial, agricultural or other land whether by deed, metes and bounds description, lease, map, plat or other instrument. Subdivision Regulations shall mean the Subdivision Regulations of the City of Hutchinson. Support Structure shall mean the structure or surface upon which antennas are mounted. 1. Roof-mounted: Mounted on the roof of a building. 2. Side-mounted: Mounted on the side of a building. 3. Ground-mounted: Mounted on the ground. 4. Structure-mounted: Mounted on a structure other than a building. Swimming Pool, Private shall mean a pool which is an accessory use to a residence for the exclusive use of the occupants of the residential building and their guests. Swimming Pool, Public shall mean a pool and accessory buildings, generally owned and operated by a governmental entity, whether open or enclosed, and open for use by the general public. Tavern see Bar. Temporary Use shall mean a use intended for limited duration to be located in a zoning district as permitted by the zoning regulations. Terrace shall mean a raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall. Townhouse shall mean a single family attached dwelling unit with a private entrance in a group of three or more units where the unit and land are under the same ownership, and which is part of a structure in which the dwelling units are attached horizontally in a linear arrangement, and which has completely exposed front and rear walls to be used for access, light and ventilation. Tract shall mean a plot or parcel of land, other than a lot in a platted subdivision, which is recorded in the office of the Register of Deeds. Trailer shall mean a vehicle without motive power which is pulled by another vehicle and is designed and constructed to travel on the public thoroughfares. See also: Large Truck or Trailer. Truck Stop shall mean a building and premises built to accommodate large trucks where

366 gasoline, oil, and minor auto accessories may be supplied and dispensed at retail and which may include truck washing facilities. Two-Unit Living. See Dwelling, Two Family. Upper Story Housing shall be defined as one or more dwelling units located above the first story in a commercial building. Use shall mean the purpose or activity for which land or buildings are designed, arranged, intended, occupied or maintained. Use, Design Standard shall mean a use that is allowed within a zoning district pursuant to meeting specified design standards. Use, Permitted shall mean any land use allowed as a use by right within a zoning district. Use, Principal shall mean the main use of land or structure, as distinguished from an accessory use. See also: Building, Principal. Variance shall mean relief from or variation of the provisions of these regulations, other than use regulations, granted by the Board of Zoning Appeals, other than use regulations, as applied to a specific piece of property, as distinct from rezoning. Vegetation shall mean plant life restricted to grass, turf, flowers, trees, shrubs and vines. Warehouse shall mean a building used primarily for the storage of goods and materials. Warehouse and Distribution shall mean a use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment. Watertight shall mean completion of a structure so that no rain or snow may enter, e.g. roof with shingles and exterior walls with windows installed. Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation commonly known as hydrophytic vegetation, which is typically adapted for life in saturated soil conditions. Yard shall mean any open space on the same lot with a building or group of buildings, which open space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory buildings or structures permitted by these regulations.

367 Yard, Front shall mean the area between a front property line and any front yard setback line, except as otherwise provided, which extends the full width or length of the lot. Yard, Rear shall mean the area between the rear property line and the rear yard setback line, which extends the full width of the lot. Yard, Side shall mean the area from the front yard or from the front lot line where no front yard is required by these regulations, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. Yard, Side Street Front shall mean a yard that occurs on a corner lot along the length of the lot. The side street front yard is adjacent to the side street public right-of-way and is generally perpendicular to the established front yard. Special setback requirements apply for side street front yards. Zero Lot Line see Sec Zoning Administrator shall mean the person or persons authorized and empowered by the City Manager to administer the requirements of these regulations. Zoning Amendment shall mean an amendment to the zoning map, the zoning regulations, or both, which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance. Zoning Certificate shall mean a written statement or authorization from the zoning administrator indicating that the existing or proposed uses or the site plan for a particular parcel of property is in conformance with these regulations. Zoning District shall mean an area delineated on the zoning map for which uniform land use regulations are specified. Zoning Jurisdiction shall mean all areas within the corporate limits of the City and all areas where extraterritorial jurisdiction has been granted to the City by the Reno County Commission. Zoning Lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use, and that can provide such yards and other open spaces as required by the zoning regulations. A zoning lot may include any number of contiguous platted or unplatted lots.

368 Zoning Map shall mean the official zoning district map delineating the boundaries of zoning districts in the City of Hutchinson zoning jurisdiction which, along with the text of the zoning regulations, has been officially adopted by the Hutchinson City Council.

369 EXHIBIT C Sec Self-Service Storage Facilities (Mini-Warehouses)Reserve. A. Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility. B. All storage must be within enclosed buildings and shall not include the storage of hazardous materials. Hazardous materials shall include but not be limited to: toxic and explosive substances, hazardous waste, industrial solid waste, medical waste, municipal solid waste, oil and similar substances. C. Facilities must maintain landscape buffer yards of 50 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required, a total of 35 percent of all buffers shall be landscaped. D. Site development shall include provisions for stormwater management in accordance with the regulations of the City. E. Site development shall include fencing and landscaping according to these regulations Sec Material Storage Yards. Material storage yards may be utilized in connection with the retail sales of products sold on the premises and where storage is incidental to the primary business of the store, provided: A. All products and materials used or stored are in a completely enclosed building or enclosed by an approved solid wall or fence. B. Storage of all materials and equipment shall not exceed the height of the wall and not extend into the front yard beyond the front building line. C. Storage of motor vehicles used in connection with the permitted trade or business is permitted within the storage yard, but not including storage of heavy equipment such as road-building or excavating equipment. Such storage shall not include motor vehicle repair or salvage uses. Sec Portable Storage Units for Long-Term or Permanent UseReserve. Portable storage units used on a long-term or permanent basis may be subject to site plan review and shall be permitted by right in the A-I, I-1, I-2 and I-3 Districts and by conditional use permit in the C-4, C-5 and EN Districts, as noted in Sec Such units shall comply with all yard and setback regulations and all other applicable regulations. Such units shall be permanently anchored to the ground.

370 EXHIBIT F Sec Accessory Buildings and Uses. Intent and interpretation. Unless expressly prohibited, accessory uses and structures shall be permitted in all zoning districts. Accessory uses and structures shall be clearly incidental to and customarily and commonly associated with the principal lawful use of the zoning lot on which they are located. The zoning administrator shall be granted the authority to interpret the provisions of this section and classify accessory uses and structures. All accessory uses and accessory structures shall: A. Be subordinate in purpose to the principal building or buildings served; B. Not be established on any zoning lot unless the principal structure has been more than one-half completed and is watertight; C. Not be erected in or encroach into any required yard, easement or sight triangle; D. Be located a minimum distance of five feet from all structures, unless permanently attached to such structures; and E. Detached accessory structures on interior lots shall not project nearer to the front lot line than the front exterior wall of the principal building and on corner lots shall not project nearer to the side street front lot line than the required setback. F. Lot Coverage and Height. 1. The combined lot coverage of the principal building and all accessory buildings shall not exceed the lot coverage requirements found in these regulations. 2. In the MH and MP Districts, accessory buildings shall not exceed 16 feet in height. 3. In the TA District, accessory buildings shall be allowed to exceed the height of the principal building provided that all other restrictions are met. In the TA District, accessory buildings and principal buildings may have combined lot coverage of 10 percent or 25,000 square feet, whichever is less. G. Residential Garages, Carports and Storage Buildings. The following regulations shall apply to all garages, carports and storage buildings for residential uses in all districts except as noted in section F. 1. Accessory buildings to residential uses shall be limited to buildings for domestic or household use or for the parking of motor vehicles and

371 recreational vehicles. A hobby activity may be operated as an accessory use by a residential occupant of the premises solely for personal enjoyment, amusement or recreation; provided that any articles produced or constructed are not sold on the premises, except as may be permitted for an approved home occupation, and that no objectionable noise, odor, light or other adverse effects are created. 2. Accessory structures shall comply with the following maximum size requirements: Accessory Structure Type Detached Storage Building Detached Garage Detached Carport Maximum Square Footage Same as Detached Garage 1200 square feet. This may be exceeded to double the size of the principal structure, provided the total rear yard lot coverage is 10% or less. 600 square feet. 3. Accessory structures shall not occupy more than 35 percent of the entire rear yard from the rear of the principal building to the rear lot line. This percentage shall be calculated using all accessory structures on the property, including those that do not require a building permit. 4. For each single family dwelling, there shall be permitted a maximum of one detached garage and one carport, whether attached or detached. 5. For each duplex building, there shall be permitted a maximum of one detached garage, per unit, one detached storage building per unit, and two carports, whether such carports are attached or detached. 6. Carports shall not be attached to the front of a residential principal building. Carports shall be located only to the side or rear of the principal building and shall not project nearer to the front lot line than the principal building, whether attached or detached. On corner lots, carports shall not project nearer to the side street front lot line than the required setback. Carports shall not exceed the height of the principal building. 7. The sidewalls of garages and storage buildings shall not exceed 12 feet in height. 8. Garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. The design and construction of such structures shall be similar to and compatible with the design and construction of the principal building. The exterior building materials and colors shall be similar to the principal building and shall be commonly associated with residential construction. 9. All garages and carports shall be provided and accessed by a driveway of an approved surface and design. Residential driveways accessing a detached garage or carport from a paved roadway shall be paved, as

372 provided for in these regulations, from the roadway to the rear of the principal structure. From the rear line of the principal structure to the detached garage or detached carport, crushed rock or gravel may be used. 10. Storage sheds with access doors 8 feet wide or wider shall be considered detached garages for the purpose of these regulations. 11. All residential accessory structures shall be setback a minimum of 5 feet from the rear and side property lines, as measured from the eave of the accessory structure. 12. Accessory structures on permanent foundations that do not meet the setback or scale requirements of these regulations may be reconstructed in the same location and at the same size without having to obtain a variance from these regulations.

373 EXHIBIT 6 UNOFFICIAL PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Planning Commission meeting was called to order at 5:46 p.m. with the following members present: Jon Richardson (11/12), Tommy Hornbeck (10/12), Terry Bisbee (11/12), Janet Hamilton (10/12), Darryl Peterson (10/12), Brock Wells (10/12), and Valery Roberts-Ropp (10/12). Member Mark Woleslagel (6/11) and Todd Carr (10/12) was absent. Planning Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; Charlene Mosier, Planning Technician; and Jade Shain, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the July 10, 2018 meeting were approved on a motion by Hamilton, seconded by Hornbeck, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Hamilton, seconded by Peterson, passed unanimously. 4. PUBLIC HEARINGS a. CUP Conditional Use Permit for Salvage Yard Hornbeck opened the public hearing asked for the staff presentation. Allison provided the staff presentation. The applicant is requesting a Conditional Use Permit for a salvage yard for the property located at 316 Spencer. Allison provided the factors required for approval of Conditional Use Permit requests: 1

374 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Hornbeck asked for the applicant to speak. Ed Manche declined to speak because he spoke about his project for the Board of Zoning Appeals. Hornbeck asked for staff s recommendation; Allison responded that staff recommends approval with the following conditions: Conditional Use Permit Conditions 1. This conditional use permit shall only be used for a salvage yard to be located at 316 Spencer St. 2. Property shall comply with Sec Performance Standards for Industrial Use. Noncompliance will result in notification and potential conditional use permit revocation. 3. Property shall comply with Sec Salvage Yards and Motor Vehicle Graveyards: 2

375 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 The use shall be conducted wholly within a noncombustible building or within an area surrounded by a solid fence or wall with a minimum height of six feet and a maximum height of 10 feet. Such fence or wall shall surround the exterior portions and screen the use on all sides. Said fence or wall shall consist of: a. All approved solid fence materials in Sec of these regulations, and any accepted fencing materials commonly used in the fencing industry; b. Said fence or wall shall not include chain link, chain link with slats, or other materials that do not meet the definition of a solid fence or are not specified as an approved material in Sec of these regulations; c. Said fence or wall shall be uniform in height, material and painted or stained a uniform neutral color, and shall be so maintained by the owner as to ensure maximum safety to the public and obscure items being stored or salvaged from view of the neighborhood; d. Such fence or wall shall be constructed in accordance with all other applicable provisions of these regulations, shall be erected in a safe manner and in accordance with the building codes, and shall be properly maintained; e. Said fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No salvaged materials, junk, motor vehicles, appliances or scrap materials shall be piled or stacked so as to exceed the height of the enclosing fence or wall. Exterior storage of salvaged materials shall not extend or be visible above the height of the fence or wall; and f. All fence entrance gates must be solid and meet the specifications of this section. Entrance gates must be kept closed when not being used to enter or exit the salvage storage yard area. 3. No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, in the front yard or within the public right-of-way. 4. Burning of paper, trash, junk, scrap metal or other materials shall be prohibited. 5. All such operations shall be in compliance with all statutes and regulations of the State of Kansas and these regulations. 4. One van-accessible ADA space shall be required. A wheel guard shall be required. Standard Conditions of Approval 1. Each standard parking space shall be at least 9 feet by 18 feet in size; 2. Each van-accessible parking space shall be 16 feet by 18 feet in size with at least 5 feet of the width dedicated as an access aisle; 3. Each accessible parking space shall be marked with a sign at the end of the space. The bottom of the sign must be a minimum of 5 feet above the ground. A paved, wheelchair-accessible route shall be provided from each accessible space to an accessible building entrance; 4. All parking spaces shall be striped; 5. Exterior lighting must be shaded from adjacent residential properties as required by Section of the Hutchinson City Code; 6. A sign permit shall be obtained prior to installation of any signs. No sign approval is hereby intended or conferred; 7. All Dumpsters must be screened from the Right-of-Way. 8. All site improvements, to include striping and accessible parking hall be installed in accordance with the approved plans and inspected by the City of Hutchinson Planning & Development Department prior to sign off on the Occupancy Permit. Please call to arrange for an inspection. 3

376 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Hornbeck closed the public hearing and asked for a motion. Motion by Hornbeck, seconded by Peterson and passed unanimously, to recommend approval to the Hutchinson City Council of Conditional Use Permit request #CUP for a salvage yard located at 316 Spencer St. b. ZA Zoning Amendment for the Land Use Table, R-6 Zoning District & Related Sections Hornbeck opened the public hearing and asked for the staff presentation. Allison provided the staff presentation. First, Allison discussed the R-6 Residential Infill Zoning District. In 2015, the City of Hutchinson and the Hutchinson Land Bank sponsored an Infill Development Study by graduate students from the University of Kansas College of Architecture. The outcome of the study identified potential uses for vacant land, primarily south of 11th Avenue, as well as some conceptual designs for residential infill projects. During the Comprehensive Plan, reducing regulatory barriers to infill development was identified as a strategy for Based on the information provided by the Infill Development Study and further research by Staff, an implementation plan was created to address regulatory constraints to rehabilitating infill lots. Barriers have been identified and recommendations are provided in the Implementation Plan. Based on comments received during the review of the Plan, a zoning district has been created and the area identified for adoption that addresses the issues of infill development for residential properties, also known as the R-6 Residential Infill Zoning District. Hornbeck asked if anyone in the audience would like to comment on this case. Alex Falke said he owns three properties and asked if he can have an accessory dwelling unit on each property. Staff said the property owner must reside at the property where the ADU is located. Aaron Carey, 28 E 17 th, asked about a property on 3 rd Ave. Allison said he should schedule an appointment with staff to discuss. Dave Young, 119 W 9 th Ave, said he had a concern about allowing metal siding and he is opposed to allowing cheap metal carports. Mike McClure, 701 W 17 th Ave, asked about subdividing his lots for homes. Allison said it would be best to make an appointment with staff to discuss this plan. Tim Miller, 901 N Jackson, said he appreciates what the City is doing to make development easier. He asked about removing and replacing an existing garage with the same footprint. Allison said he can do that now under the current regulations. The R-6 zone would allow him to construct the garage three feet from the side property line. Jeremy Hoffman, 1213 E 3 rd Ave, asked about removing his existing two sheds and building a garage. 4

377 Allison said he should make an appointment with staff to discuss his options. PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Max Tolbert, 726 E 2 nd Ave, asked if the R-6 zone will increase his taxes. Staff said the zoning designation will not increase taxes. If he constructs additional buildings or makes other improvements to his property, the new development could increase his taxes. Mike McClure, 701 W 17 th Ave, asked if the NRP program will still be in effect in the R-6 District and he was told that it will. Lloyd Smith, 613 N Grandview, asked if mobile homes will be permitted in the R-6 District. Allison said mobile homes are not permitted. Residential designed manufactured homes are allowed. Next, Allison discussed the background on the Land Use Table. In February 2011, the City of Hutchinson adopted new Zoning Regulations, including the current Table of Land Use Categories. The table has more than 300 classifications of uses and has proven to be internally inconsistent, as well as cumbersome to use. In Fall 2017, Planning Staff held a Study Session with City Council to discuss updating the Table and outlined the proposed process. City Council endorsed moving forward. Hornbeck asked for staff s recommendation; Allison responded that staff recommends approval. Motion by Wells, seconded by Peterson and passed unanimously, to recommend approval to the Hutchinson City Council of Zoning Amendment case #ZA for modification of the City s regulations pertaining to Definitions, Zoning Districts, Accessory Structures, and Supplemental Regulations. This case will go forward and be considered for adoption by City Council on August 21, The Planning Commission discussion the option of metal structures including garages, carports and sheds. New metal structures would be required to have a pitched roof. Rounded metal buildings would not be allowed. The flimsy metal carports with no tie downs would also not be permitted. Robert Dwerlkotte, 405 Duffy Rd, asked about metal carports and about paving the driveway to a carport. Allison said the paving requirements for garages and carports are not changing for the R-6 District. He should make an appointment with staff about his specific situation. Larry Freeman, 1480 W 33 rd Ave, asked about a detached metal garage and paving requirements. Allison said he should make an appointment with staff to discuss. Motion by Peterson, seconded by Hamilton and passed unanimously to recommend approval to the Hutchinson City Council of Zoning Amendment case #ZA for modification to the City s regulations pertaining to metal accessory structures. 5. OLD BUSINESS a. None. 6. NEW BUSINESS 5

378 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 a. CP Review the Capital Improvement Program for Conformance to the Comprehensive Plan. Motion by Hornbeck, seconded by Wells and passed unanimously, to approve and make a finding of conformance between the Capital Improvement Program with the recommendations, spirit and intent of the Comprehensive Plan. 7. STUDY SESSION a. ZA Ox Industrial Neighborhood Rezone Allison began the study session regarding a proposed zoning amendment for the Leonard Avenue neighborhood. Almost two decades ago, the City of Hutchinson annexed a large portion to the east of the city. During the annexation process, the entire area was zoned as I-3 Heavy Industrial, due to the larger share of land uses being industrial in nature. On July 2, 2018, City Staff was contacted by the owner of 2816 Leonard St. about rezoning the property. Due to the industrial zoning of the property, should the house be destroyed more than 50% of the appraised value, the property owner would not be able to rebuild. The property can continue the use as a residence due to its grandfathered status but because of the inability to rebuild lending institutions will not approve or refinance a loan. After speaking with the property owner about her options, staff recommended contacting her neighbors who also have homes in the industrial district about rezoning the entire neighborhood. The owner has contacted her neighbors and provided the City with a signed petition from 21 of the 28 property owners requesting the rezone. The Planning Commission agreed that Staff should continue working with the Leonard neighborhood and put forth a zoning amendment application. 8. Upcoming Cases a) None. 9. ADMINISTRATIVE CASES a) None. 10. CITY COUNCIL ON CASES a. CPA & ZA Zoning Amendments for 17 W 13th Ave (August 7, 2018) 11. PUBLIC COMMENTS FROM AUDIENCE a. None. 13. ADJOURNMENT - The meeting adjourned 6

379 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Respectfully Submitted Jade Shain, Planning Technician Charlene Mosier, Planning Technician Approved this 4th day of September, 2018 Attest: 7

380 CITY OF HUTCHINSON OFFICE OF THE CITY ATTORNEY COUNCIL COMMUNICATION FOR MEETING OF 8/21/2018 AGENDA ITEM FOR ACTION INFORMATION ONLY,Jr... X MEMORANDUM TO: FROM: DATE: RE: John Deardoff, City Manager Paul Brown, City Attorney ~p, Jf' August 15, 2018 Annexation pursuant to K.S.A (e) BACKGROUND: The City of Hutchinson and Reno County entered into a Joint Memorandum of Understanding dated February 1, 2018 providing for roadway improvements and annexation of right of ways pursuant to K.S.A (e). The referenced road improvements have now been completed and the statutory notification from Reno County pursuant to K.S.A (e) has been received and is attached hereto. Upon receiving the statutory notification, the City of Hutchinson is required to annex the right of ways. The ten street descriptions and the corresponding legal descriptions are included in the proposed ordinance which is also attached hereto. Finally, diagrams of the annexed areas are included with this Memorandum for the Hutchinson City Council's review. RECOMMENDATION: Motion to approve an Ordinance including, incorporating and certifying certain land within the limits and boundaries of the City of Hutchinson Kansas (Multi-Jurisdictional right of ways including portions of Hendricks, 43 rd Avenue, 30 th Avenue, Halstead Street, Avenue G, Lorraine Street) and authorize the Mayor to sign. PWB:lso

381 ORDINANCE NO Introduced: August 21, 2018 Passed: August 21, 2018 Published: August 24, 2018 AN ORDINANCE INCLUDING, INCORPORATING AND CERTIFYING CERTAIN LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF HUTCHINSON, KANSAS (Multi-Jurisdictional right of ways including portions of Hendricks, 43 rd Avenue, 30 th Avenue, Halstead Street, Avenue G, Lorraine Street) WHEREAS, the following described land either adjoins or is wholly within the City of Hutchinson, Kansas, and is generally located on Hendricks Street, 43 rd Avenue, 30 th Avenue, Halstead Street, Avenue G and Lorraine Street in the City of Hutchinson, Kansas; WHEREAS, a written certification of roads affected by annexation of the following described land has been submitted by Reno County, Kansas, pursuant to K.S.A (e), as amended; and WHEREAS, the governing body of the City of Hutchinson, Kansas, finds it advisable to include, incorporate and certify such land to be included within the limits and boundaries of the City of Hutchinson, Kansas. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. That the following described land, if not previously included within the limits and boundaries of the City of Hutchinson, Kansas is hereby annexed and made a part of the City of Hutchinson, Kansas and all of the following described land is hereby certified and annexed to the City as of the date of publication of this Ordinance: Hendricks Street: The West ½ of the right-of-way of North Hendricks Street from the North boundary of Meadow Acres Subdivision North to the North boundary of West View Subdivision. Right of way of record along the East line of the Northeast Quarter of Section 3, Township 23 South, Range 5 West of the 5 th Principal Meridian; from the North line of Meadow Acres Subdivision as filed in the Reno County Register of Deeds Office, to the North line of said Section 3, Reno County, Kansas; And Right of way of record along the East line of the Southeast Quarter of Section 34, Township 22 South, Range 5 West of the 5 th Principal Meridian; from the South line of said Southeast Quarter, North along the East line of

382 said Southeast Quarter to the North line of said Southeast Quarter, and the North line of West View Subdivision, as filed in the Reno County Register of Deeds Office, Reno County, Kansas. 43 rd Avenue: The North½ of the right-of-way ofwest43 rd Avenue from North Monroe Street East ½ mile to the City limit on the South side of West 43 rd Avenue. Right of way of record along the South line of the Southwest Quarter of Section 25, Township 22 South, Range 6 West of the 6 th Principal Meridian; from the West line of said Southwest Quarter of Section 25; thence Easterly along the South line of said Southwest Quarter of Section 25 to Southeast corner of said Southwest Quarter, said line being the Northeast corner of a tract in the North Half of the Northwest Quarter of Section 36, Township 22 South, Range 6 West of the 6 th Principal Meridian, as filed in the Reno County Register of Deeds Office, and described in Book 488, Page 422, Reno County, Kansas. 43 rd Avenue: The North ½ of the right-of-way of East 43 rd Avenue from the East boundary of Panorama Estates Subdivision to North Halstead Street. Right of way of record along the South line of the Southeast Quarter of Section 29, Township 22 South, Range 5 West of the 6 th Principal Meridian; from the Southeast corner of Quail Ridge Subdivision, a replat of Panorama Estates, as filed in the Reno County Register of Deeds Office, to the East line of said Southeast Quarter, Reno County, Kansas. 43 rd Avenue: The South ½ of the right-of-way of East 43 rd Avenue from the West right-of-way of K-61 Highway East¼ mile to the City limit on the North side of East 43 rd Avenue. Right of way of record along the North line of the Northeast Quarter of Section 33, Township 22 South, Range 5 West of the 6 th Principal Meridian; from the West line of K-61 Highway right of way, to the East line of Sand Dunes Subdivision in the Southeast Quarter of Section 28, Township 22 South, Range 5 West of the 6 th Principal Meridian, as filed in the Reno County Register of Deeds Office, Reno County, Kansas. 30 th Avenue: The North ½ of the right-of-way of East 30 th Avenue from the West boundary of the Dillon Nature Center East to Lucille Drive. Right of way of record along the South line of the Southeast Quarter of Section 33, Township 22 South, Range 5 West of the 6 th Principal Meridian; Reno County, Kansas.

383 30 th Avenue: The South ½ of the right-of-way of East 30 th Avenue from the East boundary of The Timbers Subdivision East to the West boundary of Sand Hills Subdivision. Right of way of record along the North line of the Northwest Quarter of Section 3, Township 23 South, Range 5 West of the 5 th Principal Meridian; from the East line of The Timbers Subdivision as filed in the Reno County Register of Deeds Office, Reno County, Kansas; said line being the East line of the East Half of the Northwest Quarter of said Section 3; thence Easterly to the West line of the Sand Hills Subdivision, as filed in the Reno County Register of Deeds Office, Reno County, Kansas. 30 th Avenue: The North ½ of the right-of-way of East 30 th Avenue from Inverness Road East to the East boundary of Sand Hills Replat Subdivision. Right of way of record along the South line of the Southeast Quarter of Section 34, Township 22 South, Range 5 West of the 5 th Principal Meridian; from the East line of Inverness Road to the East line of Sand Hills Replat Subdivision in the Northeast Quarter of Section 3, Township 23 South, Range 5 West of the 5 th Principal Meridian as filed in the Reno County Register of Deeds Office, Reno County, Kansas. Halstead Street: The West ½ of the right-of-way of North Halstead Street from East 43 rd Avenue North to East 49 th Avenue. Right of way of record along the East line of the Southeast Quarter of Section 29, Township 22 South, Range 5 West of the 5 th Principal Meridian; from the South line of the said Southeast Quarter of Section 29 to the North line of East 49 th Avenue as platted in Sand Dunes 2 nd Subdivision in the Southwest Quarter of Section 28, Township 22 South, Range 5 West of the 5 th Principal Meridian, Reno County, Kansas, as filed in the Reno County Register of Deeds Office, Reno County, Kansas. Avenue G: The South ½ of the right-of-way of East Avenue G from South Halstead Street West½ mile to the City limits. Right of way of record along the North line of the Northeast Quarter of Section 20, Township 23 South, Range 5 West of the 5 th Principal Meridian; Reno County, Kansas. Lorraine Street: The East ½ of the right-of-way of North Lorraine Street from the City limit on the East side of North Lorraine Street to the City limit on the West side of North Lorraine Street. Right of way of record along the West line of the Northwest Quarter of Section 32, Township 22 South, Range 5 West of the 5 th Principal Meridian; from the South line of said Northwest Quarter of Section 32, thence North

384 to the South line of a tract in the Northeast Quarter of Section 31, Township 22 South, Range 5 West of the 6 th Principal Meridian as filed in the Reno County Register of Deeds Office, and described in Book 549, Page 225, Reno County, Kansas. Section 2. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. PASSED BY THE GOVERNING BODY this 21 st day of August, 2018 for the City of Hutchinson, Kansas. ATTEST: Steven A. Dechant, Mayor Karen Weltmer, City Clerk

385 Mr. John Deardoff City Manager 125 East Avenue B Hutchinson, Kansas Re: K.S.A (e) Notification Dear John: August 6, 2018 RENO COUNTY Administration 206 West First Ave. Hutchinson, KS Fax: HUTCHINSON RECEIVED AUG ' CITY MANAGER'S OFFICE Pursuant to our Joint Memorandum of Understanding executed January 31, 2018 (copy enclosed), this is notice to the City of Hutchinson of the existence of ten separate rights of way which have not become a part of the City by annexation and for which a common boundary exists between the City and the County. Those roads were identified by legal descriptions and by maps which were included in the Joint Memorandum. The seven roads identified for overlay work by the county have been completed. It is my understanding that upon receipt of this notice, the governing body of the City will make the appropriate certification by ordinance such that the entire identified rights of way will be annexed to the City as of the publication of the ordinance. Thank you for your consideration in this matter. Gary Meagher Reno County Administrator Enclosure

386 JOINT MEMORANDUM OF UNDERSTANDING RE: Multi-Jurisdictional Right of Ways DATE: February ~ 2018 RENO COUNTY Administration 206 West First Ave. Hutchinson, KS Fax: This Joint Memorandum of Understanding between John Deardoff, City of Hutchinson City Manager, and Gary Meagher, Reno County Administrator, concerns discussions which took place on May 11, 2017, at City Offices and on other occasions regarding what has been described as multi-jurisdictional road right of ways. These road right of ways exist at multiple locations in Reno County where the City has annexed to the middle of the right of way. In the summer of 2017, pursuant to a Joint Memorandum of Understanding dated June 1, 2017, the County paid for the hot-mix overlay of three such multi-jurisdictional road right of wa;s, two of which are located on North Plum Street and one on two separate portions of East 43r Street (from Charleston Street east to the City limit line west of Pagoda Street; and from Sequoia Street east to the City limits). The City either has or soon will commence the process of annexation of those road right of way locations which are not within the City limits at this time. This Memorandum addresses the remaining 10 locations where multi-jurisdictional right of ways exist. They are described on the enclosed City of Hutchinson/Reno County Multi-Jurisdictional Roads List prepared by the Reno County Public Works Department. All 10 locations are legally described on the enclosed legal descriptions provided by Durr Engineering LLC; and there also are included maps dated August 24, 2017 for each such location. Three of those 10 locations, Nos. 5 and 6 on 30 th A venue and No. 10 on Lorraine Street, will not require additional improvements prior to annexation. The County has offered to improve and pay for in 2018 a hot-mix asphalt overlay in accordance with Reno County standards on the remaining seven (7) locations (Nos. 1-4 and 7-9). In exchange, the City has agreed to accept all maintenance responsibilities on all 10 locations when the County's overlay project has been completed. At that time, the Board of County Commissioners will send the City a notice pursuant to K.S.A (e) of the existence of these right of way locations which have not become part of the City by annexation and which have a common boundary with the City. At such time, the City will proceed with annexation of the aforementioned road locations at this time under County jurisdiction. To the above and foregoing terms and conditions, we agree and consent to its terms. DATE: t/31/ 18 ( ;-J l;az Gary Meagher, Reno County Administrator DATE: /-J'/-/ 3 1/29/18

387 LEGEND ANNEXATION City of Hutchinson 8/24/ ~....., 32n Ave 1st Ave 3oth Ave 1. The West ½ of the Right-of-Way of North Hendricks Street from the north boundary of Meadow Acres Subdivision North to the north boundary of West View Subdivision. JI I B Dr ~ I I I I 24th Ave

388 REVISIONS DATE 1N11W.S ANN EXATION City of Hutchinson 8/24/ ~~~ City limits LEGEND ~ Multi-jurisdiction roads 2. The North ½ of the Right-of-Woy of West 43rd Avenue from North Monroe Street East ½-mile to the City Limit on the south side of West 43rd Avenue. ci5 G) e C: 0 ~ I -- \~ 43rdAve :-1 ---t ' I \ I \ ' \ \ I \ \ \ I \ I ~~ \ ', -t :,, \ I I¼ Coronado Or \ I 5-' I I I t I I I I I I I ~ 1\ ~,... I n ~ C \ ~ I I I I "' ~ Pl '! - I " I I l f l! f: ~,.,,., Pl ~~"-Ave in I :Ii 43rd Ave f I I I I I I I_ - l<is1,..a vm- Flc1 37th Ave 36thAve - i

389 R IONS DATE 1111WS ANNEXATION City of Hutchinson 8/24/2017 LEGEND ~--- StrNts r- ~ City limki 3. The North ½ of the Right-of-Way of East 43rd Avenue from the east boundary of Panorama Estates Subdivision to North Halstead Street I I I I I I I I I,----- I I I 43rd Ave cis i.! II) I 45thAve Ave :r: I Si' 42ndAve 40th Ave 39thA ;c 37th Ave

390 IIEVlSION5 DA TE NTIALS ANNEXATION City of Hutchinson 8/24/2017 LEGEND Snela '-- _, ~limits I J r th Ave 44thA 43rd Ave 42nd Ave 4. The South ½ of the Right-of-Way of East 43rd Avenue from the west Right-of-Way of K-61 Highway East ¼-mile to the City Limit on the north side of East 43rd Avenue. 39th Ave

391 REVISIONS DATE INlllALS ANN EXATION City of Hutchinson 8/24/2017 LEGEND,-- --; ~ - City limits Multi-jurlldk:tion roads I,-, I \ :--- \ I ' ' ' I L 5. The North ½ of the Right-of-Way of East 30th Avenue from the west boundary of the Dillon Nature Cen ter East to Lucille Drive. -. I I " 30th Ave > ~ ;;:.. ~!;" ' l!;il s. /! l ~ I ~ I

392 REVISIONS DATE INITIALS ANNEXATION City of Hutchinson 8/24/2017 LEGEND r- ----: I I Streets City limits MuM-jurlldictlon roads Praifl HlllsOr r i _, I 7. The North ½ of the Right-of-Way of East 30th Avenue from Inverness Road East to the east boundary of Sand Hills Replat Subdivision. Prakie HIii& Dr l 30th Ave I I I I I I I r... I I I I I., I 6. The South ½ of the Right-of-Woy of East 30th Avenue from the east boundary of The Timbers Subdivision East to the west Boundary of Sand Hills Subdivision. 23rd Ave

393 ANNEXATION City of Hutchinson 8/24/2017 LEGEND Snets :- ~ Clly llnill -...I 8. The West ½ of the Right-of-Way of North Halstead Street from East 43rd Avenue North to East 49th Avenue I I I I I I.---- I I I I I I I I I 43rd Ave tis j II) 19 :c 44 Av 46th Ave 42ndAve 40th Ave i 31th Ave

394 Reno -co.unty.---- I LEG~~ r-~ ANNEXATION City of Hutchinson 8/2-4/2017 -, I I r- --: s... ~---' Qty llmll I ~ roads I I I I I I ---,- ' I, h lo1,,1th ½ of the Right-of-Woy Eelt Avenue G from North Halstead StrNt West ½-Mile to the City Limits. OS I A 'G' --- I I ~ 8 I -t I J I I ----~ I I ) -/ I \ \ \ \ i l, \ \ \ \, \ I I I I I

395 ---~- --- :_ -~--- ANNEXATION City of Hutchinson 8/24/2017 LEGEND r- -; 1-..., 10. _ lh East ½ of the Right-of-Woy of North Lorraine Street from the Cftr Limit on East Side of North L.emiine Street to the City Umit on tfite West Side of Lorraine Street. \ j 1 I / th Ave

396 CITY COUNCIL AGENDA REPORT DATE: August 15, 2018 SUBMITTED BY: Amy Allison, AICP Senior Planner COUNCIL COMMUNICATION FOR MEETING OF August 14, 2018 AGENDA ITEM 8a FOR ACTION INFORMATION ONLY THROUGH: Jim Seitnater Director of Planning & Development REQUEST: Case #CUP Request for a Conditional Use Permit approval for a salvage yard located at 316 Spencer St. CITY COUNCIL ACTION REQUIRED: Motion to (accept and approve/amend and approve/override and deny by at least a majority vote of 4 of the 5 Council members/return to the Planning Commission) the recommendation of the Planning Commission to approve the Conditional Use Permit for a salvage yard to be located at 316 Spencer St., pursuant to the factors and conditions listed below. PLANNING COMMISSION RECOMMENDATION: On August 14, 2018, the Hutchinson Planning Commission recommended approval of this request by a vote of 7-0, Wolslagel and Carr absent, based upon due consideration of the following factors: 1. Character of the neighborhood; 2. Zoning and uses of nearby property; 3. Suitability of the property for the proposed use as presently zoned; 4. Impact on nearby properties; 5. Length of time the property has remained vacant; 6. Relative gain to the public health, safety, and welfare, as compared with the hardship to the land owner if the application were denied; 7. Availability of public utilities to serve the development; 8. Conformance to the Comprehensive Plan; and 9. Recommendations of the professional staff. And with the following conditions of approval: 1. This conditional use permit shall only be used for a salvage yard to be located at 316 Spencer St. 2. Property shall comply with Sec Performance Standards for Industrial Use. Noncompliance will result in notification and potential conditional use permit revocation. 3. Property shall comply with Sec Salvage Yards and Motor Vehicle Graveyards:

397 CUP : Salvage Yard at 316 Spencer St. City Council Agenda Report August 21, 2018, City Council Meeting The use shall be conducted wholly within a noncombustible building or within an area surrounded by a solid fence or wall with a minimum height of six feet and a maximum height of 10 feet. Such fence or wall shall surround the exterior portions and screen the use on all sides. Said fence or wall shall consist of: a. All approved solid fence materials in Sec of these regulations, and any accepted fencing materials commonly used in the fencing industry; b. Said fence or wall shall not include chain link, chain link with slats, or other materials that do not meet the definition of a solid fence or are not specified as an approved material in Sec of these regulations; c. Said fence or wall shall be uniform in height, material and painted or stained a uniform neutral color, and shall be so maintained by the owner as to ensure maximum safety to the public and obscure items being stored or salvaged from view of the neighborhood; d. Such fence or wall shall be constructed in accordance with all other applicable provisions of these regulations, shall be erected in a safe manner and in accordance with the building codes, and shall be properly maintained; e. Said fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No salvaged materials, junk, motor vehicles, appliances or scrap materials shall be piled or stacked so as to exceed the height of the enclosing fence or wall. Exterior storage of salvaged materials shall not extend or be visible above the height of the fence or wall; and f. All fence entrance gates must be solid and meet the specifications of this section. Entrance gates must be kept closed when not being used to enter or exit the salvage storage yard area. 3. No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, in the front yard or within the public rightof-way. 4. Burning of paper, trash, junk, scrap metal or other materials shall be prohibited. 5. All such operations shall be in compliance with all statutes and regulations of the State of Kansas and these regulations. 4. One van-accessible ADA space shall be required. A wheel guard shall be required. 5. Each standard parking space shall be at least 9 feet by 18 feet in size; 6. Each van-accessible parking space shall be 16 feet by 18 feet in size with at least 5 feet of the width dedicated as an access aisle; 7. Each accessible parking space shall be marked with a sign at the end of the space. The bottom of the sign must be a minimum of 5 feet above the ground. A paved, wheelchair-accessible route shall be provided from each accessible space to an accessible building entrance; 8. All parking spaces shall be striped; 9. Exterior lighting must be shaded from adjacent residential properties as required by Section of the Hutchinson City Code; 10. A sign permit shall be obtained prior to installation of any signs. No sign approval is hereby intended or conferred; 2

398 CUP : Salvage Yard at 316 Spencer St. City Council Agenda Report August 21, 2018, City Council Meeting 11. All Dumpsters must be screened from the Right-of-Way. 12. All site improvements, to include striping and accessible parking hall be installed in accordance with the approved plans and inspected by the City of Hutchinson Planning & Development Department prior to sign off on the Occupancy Permit. Please call to arrange for an inspection. PUBLIC HEARING: A public hearing was held before the Hutchinson Planning Commission on August 14, 2018, where the attached staff report (Exhibit 1) was presented. Other than the applicant, no member of the public addressed the Commission and no written comments were received. The unofficial minutes for the meeting are included as Exhibit 2. ATTACHMENTS: Exhibit 1 Planning Commission Staff Report and Exhibits Exhibit 2 Unofficial Planning Commission Minutes (Meeting of August 14, 2018) 3

399 EXHIBIT 1 Planning & Development Department 125 E Avenue B Hutchinson KS STAFF REPORT Planning Commission Board of Zoning Appeals DATE: 07/25/2018 Agenda Item #: CASE #: CUP PUBLIC HEARING: YES NO MEETING DATE: 08/14/2018 REQUEST Comprehensive Plan Amendment Conditional Use Permit Final Plat Language Amendment Preliminary Plat Study Session Subdivision Variance Zoning Amendment Other Appeal Special Use Permit Variance STAFF STAFF REPRESENTATIVE: Amy Allison Housing Program Coordinator PROPERTY PHOTO 316 Spencer St. APPLICANT INFORMATION APPLICANT: Edwin Manche 4017 Prairie Hill Drive Hutchinson KS PROPERTY OWNER: Edwin Manche 4017 Prairie Hill Drive Hutchinson KS DESIGN PROFESSIONAL: None STAFF RECOMMENDATION: CONCURRENT APPLICATIONS: ZV APPROVAL APPROVAL WITH CONDITIONS DENIAL APPLICATION MATERIALS: See City website: PROJECT SUMMARY COMP PLAN COMPATIBILITY LOCATION MAP Request for Conditional Use Permit approval for a salvage yard located at 316 Spencer St. The property is designated as Industrial on the Comprehensive Plan Land Use Map. Salvage yards are considered a compatible industrial use with conditions. Subject Property 316 Spencer St. N PROPERTY INFORMATION NOTIFICATIONS & REVIEW ZONING: I-2, Industrial District COMPREHENSIVE PLAN DESIGNATION: Industrial SUBDIVISION: Eccles 1 st Addition EXISTING LAND USE: Storage Facility SITE IMPROVEMENTS: 21,800 sf industrial structures SIZE OF PROPERTY: 49,245 Square Feet DEVELOPMENT REVIEW: 7/24/2018 PUBLIC NOTICE PUBLISHED 7/16/2018, Hutchinson News PROPERTY OWNER NOTICE MAILED: 7/16/2018 to 17 owners of 18 surrounding properties NEXT STEPS: City Council Consideration 8/21/2018 FOR OFFICE USE ONLY Approved Approved with Conditions Denied Tabled

400 CUP SALVAGE YARD, 316 SPENCER ST PLANNING COMMISSION STAFF REPORT 8/14/2018 HEARING DATE ANALYSIS OF STANDARD FACTORS OF APPROVAL REQUIRED FOR CONDITIONAL USE PERMIT REQUESTS: Factor Analysis Met Not Met The subject property is located in a neighborhood with a mixture of uses. The 1. Character of the property is located adjacent to commercial uses on the north, residential neighborhood (separated by an alley) on the south and industrial to the West. Similar auto Met uses are located in the vicinity. 2. Current zoning and uses of nearby property 3. Suitability of the property for the proposed use as presently zoned 4. Extent of detrimental effects to nearby properties if the application were approved 5. Length of time the property has remained vacant 6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon the landowner if the application were denied 7. Conformance of this request to the Comprehensive Plan 8. Impact on public facilities and utilities Location Zoning Use Subject Property C-4 Special Commercial District Vacant North C-4 Special Commercial District Vacant buildings, outdoor storage South I-2 Industrial District Residences East C-4 Special Commercial District Gas Station West I-2 Industrial District Industrial building, outdoor storage and vacant bar The property was originally a lumber yard, and used for industrial purposes. Currently a chain-link fence surrounds the property. To meet the standards for salvage yards, the fence will need to be upgraded to a solid fence. The property is already developed and has been used as a vehicle repair facility in the past. Adjacent residential properties are zoned industrial and rebuilding the house should it be damaged more than 50% of value would not be permitted. The proposed use would also be required to meet the standards of Sec Performance Standards for Industrial Uses which would mitigate impacts to neighbors. The property is currently being used as a salvage yard. Health, safety, and welfare: The proposed use will not have a significant impact to the public health, safety or welfare. Landowner hardship: If not approved, the landowner is unable to continue to use the property as a salvage yard. The Comprehensive Plan Land Use designation for this property is Industrial and the proposed use is compatible with industrial uses with conditions. There are no expected impacts on public facilities and utilities, as this site is already developed with existing, water, sewer, street, sidewalk and other public facilities / utilities in place. Met Met w/ conditions Met w/ conditions Met/No Met Met Met Met 2

401 CUP SALVAGE YARD, 316 SPENCER ST PLANNING COMMISSION STAFF REPORT 8/14/2018 HEARING DATE SITE PLAN REVIEW: Item Standard Provided Met Not Met Front yard setback 25 feet 0 feet Not Met (existing structure) Side and rear yard setback 5 feet N & S, 5 feet W 0 feet N, 0 feet E; 0 feet W Not Met (existing structure) Building Height 35 feet 18 feet Met Maximum Lot Coverage 60% 44% Met Driveway Surfacing Concrete/asphalt Concrete Met Drive Aisle Width 24 feet 28 feet Met Parking 2 spaces 3 spaces Met Landscaping & Screening 6 foot privacy fence 8 foot privacy fence Met Mechanical Equipment Screening Existing Existing Met Trash Bin Screening Required for dumpsters Not identified Not Met Exterior Lighting Existing Existing Met Access Existing Existing Met DEVELOPMENT REVIEW: A Development Review Committee meeting was held on July 24, The Planning Department had the following comments (no other comments were received): PLANNING AND DEVELOPMENT COMMENTS [Amy Allison] Condition of Approval - Property shall comply with Sec Performance Standards for Industrial Use. Noncompliance will result in notification and potential conditional use permit revocation. Condition of Approval - Property shall comply with Sec Salvage Yards and Motor Vehicle Graveyards, including but not limited to erection of a six foot solid fence built to meet the standards of the zoning ordinance. A fence permit will be required. In addition, all gates shall be six foot with solid materials. Condition of Approval - One van-accessible ADA space shall be required. The space shall be a minimum of 15 feet wide and 18 feet deep with the required signage posted. A wheel guard shall be required. PUBLIC COMMENTS: On July 16, 2018, notification was made to the 17 owners of property surrounding the site. No comments were received. 3

402 CUP SALVAGE YARD, 316 SPENCER ST PLANNING COMMISSION STAFF REPORT 8/14/2018 HEARING DATE ZONING MAP: COMPREHENSIVE PLAN LAND USE MAP: 4

403 CUP SALVAGE YARD, 316 SPENCER ST PLANNING COMMISSION STAFF REPORT 8/14/2018 HEARING DATE PHOTOGRAPHS OF PROPERTY: 5

404 CUP SALVAGE YARD, 316 SPENCER ST PLANNING COMMISSION STAFF REPORT 8/14/2018 HEARING DATE SITE PLAN: EXHIBITS: A. Staff-Recommended Conditions of Approval 6

405 EXHIBIT A CUP Spencer St. Salvage Yard Staff-Recommended Conditions of Approval Conditional Use Permit Conditions 1. This conditional use permit shall only be used for a salvage yard to be located at 316 Spencer St. 2. Property shall comply with Sec Performance Standards for Industrial Use. Noncompliance will result in notification and potential conditional use permit revocation. 3. Property shall comply with Sec Salvage Yards and Motor Vehicle Graveyards: The use shall be conducted wholly within a noncombustible building or within an area surrounded by a solid fence or wall with a minimum height of six feet and a maximum height of 10 feet. Such fence or wall shall surround the exterior portions and screen the use on all sides. Said fence or wall shall consist of: a. All approved solid fence materials in Sec of these regulations, and any accepted fencing materials commonly used in the fencing industry; b. Said fence or wall shall not include chain link, chain link with slats, or other materials that do not meet the definition of a solid fence or are not specified as an approved material in Sec of these regulations; c. Said fence or wall shall be uniform in height, material and painted or stained a uniform neutral color, and shall be so maintained by the owner as to ensure maximum safety to the public and obscure items being stored or salvaged from view of the neighborhood; d. Such fence or wall shall be constructed in accordance with all other applicable provisions of these regulations, shall be erected in a safe manner and in accordance with the building codes, and shall be properly maintained; e. Said fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No salvaged materials, junk, motor vehicles, appliances or scrap materials shall be piled or stacked so as to exceed the height of the enclosing fence or wall. Exterior storage of salvaged materials shall not extend or be visible above the height of the fence or wall; and f. All fence entrance gates must be solid and meet the specifications of this section. Entrance gates must be kept closed when not being used to enter or exit the salvage storage yard area. 3. No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, in the front yard or within the public right-of-way. 4. Burning of paper, trash, junk, scrap metal or other materials shall be prohibited. 5. All such operations shall be in compliance with all statutes and regulations of the State of Kansas and these regulations. 4. One van-accessible ADA space shall be required. A wheel guard shall be required. Standard Conditions of Approval 1. Each standard parking space shall be at least 9 feet by 18 feet in size; 2. Each van-accessible parking space shall be 16 feet by 18 feet in size with at least 5 feet of the width dedicated as an access aisle; 3. Each accessible parking space shall be marked with a sign at the end of the space. The bottom of the sign must be a minimum of 5 feet above the ground. A paved, wheelchair-accessible route shall be provided from each accessible space to an accessible building entrance; 4. All parking spaces shall be striped; 5. Exterior lighting must be shaded from adjacent residential properties as required by Section of the Hutchinson City Code;

406 EXHIBIT A 6. A sign permit shall be obtained prior to installation of any signs. No sign approval is hereby intended or conferred; 7. All Dumpsters must be screened from the Right-of-Way. 8. All site improvements, to include striping and accessible parking hall be installed in accordance with the approved plans and inspected by the City of Hutchinson Planning & Development Department prior to sign off on the Occupancy Permit. Please call to arrange for an inspection.

407 EXHIBIT 2 UNOFFICIAL PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Planning Commission meeting was called to order at 5:46 p.m. with the following members present: Jon Richardson (11/12), Tommy Hornbeck (10/12), Terry Bisbee (11/12), Janet Hamilton (10/12), Darryl Peterson (10/12), Brock Wells (10/12), and Valery Roberts-Ropp (10/12). Member Mark Woleslagel (6/11) and Todd Carr (10/12) was absent. Planning Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; Charlene Mosier, Planning Technician; and Jade Shain, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the July 10, 2018 meeting were approved on a motion by Hamilton, seconded by Hornbeck, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Hamilton, seconded by Peterson, passed unanimously. 4. PUBLIC HEARINGS a. CUP Conditional Use Permit for Salvage Yard Hornbeck opened the public hearing asked for the staff presentation. Allison provided the staff presentation. The applicant is requesting a Conditional Use Permit for a salvage yard for the property located at 316 Spencer. Allison provided the factors required for approval of Conditional Use Permit requests: 1

408 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Hornbeck asked for the applicant to speak. Ed Manche declined to speak because he spoke about his project for the Board of Zoning Appeals. Hornbeck asked for staff s recommendation; Allison responded that staff recommends approval with the following conditions: Conditional Use Permit Conditions 1. This conditional use permit shall only be used for a salvage yard to be located at 316 Spencer St. 2. Property shall comply with Sec Performance Standards for Industrial Use. Noncompliance will result in notification and potential conditional use permit revocation. 3. Property shall comply with Sec Salvage Yards and Motor Vehicle Graveyards: 2

409 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 The use shall be conducted wholly within a noncombustible building or within an area surrounded by a solid fence or wall with a minimum height of six feet and a maximum height of 10 feet. Such fence or wall shall surround the exterior portions and screen the use on all sides. Said fence or wall shall consist of: a. All approved solid fence materials in Sec of these regulations, and any accepted fencing materials commonly used in the fencing industry; b. Said fence or wall shall not include chain link, chain link with slats, or other materials that do not meet the definition of a solid fence or are not specified as an approved material in Sec of these regulations; c. Said fence or wall shall be uniform in height, material and painted or stained a uniform neutral color, and shall be so maintained by the owner as to ensure maximum safety to the public and obscure items being stored or salvaged from view of the neighborhood; d. Such fence or wall shall be constructed in accordance with all other applicable provisions of these regulations, shall be erected in a safe manner and in accordance with the building codes, and shall be properly maintained; e. Said fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No salvaged materials, junk, motor vehicles, appliances or scrap materials shall be piled or stacked so as to exceed the height of the enclosing fence or wall. Exterior storage of salvaged materials shall not extend or be visible above the height of the fence or wall; and f. All fence entrance gates must be solid and meet the specifications of this section. Entrance gates must be kept closed when not being used to enter or exit the salvage storage yard area. 3. No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, in the front yard or within the public right-of-way. 4. Burning of paper, trash, junk, scrap metal or other materials shall be prohibited. 5. All such operations shall be in compliance with all statutes and regulations of the State of Kansas and these regulations. 4. One van-accessible ADA space shall be required. A wheel guard shall be required. Standard Conditions of Approval 1. Each standard parking space shall be at least 9 feet by 18 feet in size; 2. Each van-accessible parking space shall be 16 feet by 18 feet in size with at least 5 feet of the width dedicated as an access aisle; 3. Each accessible parking space shall be marked with a sign at the end of the space. The bottom of the sign must be a minimum of 5 feet above the ground. A paved, wheelchair-accessible route shall be provided from each accessible space to an accessible building entrance; 4. All parking spaces shall be striped; 5. Exterior lighting must be shaded from adjacent residential properties as required by Section of the Hutchinson City Code; 6. A sign permit shall be obtained prior to installation of any signs. No sign approval is hereby intended or conferred; 7. All Dumpsters must be screened from the Right-of-Way. 8. All site improvements, to include striping and accessible parking hall be installed in accordance with the approved plans and inspected by the City of Hutchinson Planning & Development Department prior to sign off on the Occupancy Permit. Please call to arrange for an inspection. 3

410 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Hornbeck closed the public hearing and asked for a motion. Motion by Hornbeck, seconded by Peterson and passed unanimously, to recommend approval to the Hutchinson City Council of Conditional Use Permit request #CUP for a salvage yard located at 316 Spencer St. b. ZA Zoning Amendment for the Land Use Table, R-6 Zoning District & Related Sections Hornbeck opened the public hearing and asked for the staff presentation. Allison provided the staff presentation. First, Allison discussed the R-6 Residential Infill Zoning District. In 2015, the City of Hutchinson and the Hutchinson Land Bank sponsored an Infill Development Study by graduate students from the University of Kansas College of Architecture. The outcome of the study identified potential uses for vacant land, primarily south of 11th Avenue, as well as some conceptual designs for residential infill projects. During the Comprehensive Plan, reducing regulatory barriers to infill development was identified as a strategy for Based on the information provided by the Infill Development Study and further research by Staff, an implementation plan was created to address regulatory constraints to rehabilitating infill lots. Barriers have been identified and recommendations are provided in the Implementation Plan. Based on comments received during the review of the Plan, a zoning district has been created and the area identified for adoption that addresses the issues of infill development for residential properties, also known as the R-6 Residential Infill Zoning District. Hornbeck asked if anyone in the audience would like to comment on this case. Alex Falke said he owns three properties and asked if he can have an accessory dwelling unit on each property. Staff said the property owner must reside at the property where the ADU is located. Aaron Carey, 28 E 17 th, asked about a property on 3 rd Ave. Allison said he should schedule an appointment with staff to discuss. Dave Young, 119 W 9 th Ave, said he had a concern about allowing metal siding and he is opposed to allowing cheap metal carports. Mike McClure, 701 W 17 th Ave, asked about subdividing his lots for homes. Allison said it would be best to make an appointment with staff to discuss this plan. Tim Miller, 901 N Jackson, said he appreciates what the City is doing to make development easier. He asked about removing and replacing an existing garage with the same footprint. Allison said he can do that now under the current regulations. The R-6 zone would allow him to construct the garage three feet from the side property line. Jeremy Hoffman, 1213 E 3 rd Ave, asked about removing his existing two sheds and building a garage. 4

411 Allison said he should make an appointment with staff to discuss his options. PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Max Tolbert, 726 E 2 nd Ave, asked if the R-6 zone will increase his taxes. Staff said the zoning designation will not increase taxes. If he constructs additional buildings or makes other improvements to his property, the new development could increase his taxes. Mike McClure, 701 W 17 th Ave, asked if the NRP program will still be in effect in the R-6 District and he was told that it will. Lloyd Smith, 613 N Grandview, asked if mobile homes will be permitted in the R-6 District. Allison said mobile homes are not permitted. Residential designed manufactured homes are allowed. Next, Allison discussed the background on the Land Use Table. In February 2011, the City of Hutchinson adopted new Zoning Regulations, including the current Table of Land Use Categories. The table has more than 300 classifications of uses and has proven to be internally inconsistent, as well as cumbersome to use. In Fall 2017, Planning Staff held a Study Session with City Council to discuss updating the Table and outlined the proposed process. City Council endorsed moving forward. Hornbeck asked for staff s recommendation; Allison responded that staff recommends approval. Motion by Wells, seconded by Peterson and passed unanimously, to recommend approval to the Hutchinson City Council of Zoning Amendment case #ZA for modification of the City s regulations pertaining to Definitions, Zoning Districts, Accessory Structures, and Supplemental Regulations. This case will go forward and be considered for adoption by City Council on August 21, The Planning Commission discussion the option of metal structures including garages, carports and sheds. New metal structures would be required to have a pitched roof. Rounded metal buildings would not be allowed. The flimsy metal carports with no tie downs would also not be permitted. Robert Dwerlkotte, 405 Duffy Rd, asked about metal carports and about paving the driveway to a carport. Allison said the paving requirements for garages and carports are not changing for the R-6 District. He should make an appointment with staff about his specific situation. Larry Freeman, 1480 W 33 rd Ave, asked about a detached metal garage and paving requirements. Allison said he should make an appointment with staff to discuss. Motion by Peterson, seconded by Hamilton and passed unanimously to recommend approval to the Hutchinson City Council of Zoning Amendment case #ZA for modification to the City s regulations pertaining to metal accessory structures. 5. OLD BUSINESS a. None. 6. NEW BUSINESS 5

412 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 a. CP Review the Capital Improvement Program for Conformance to the Comprehensive Plan. Motion by Hornbeck, seconded by Wells and passed unanimously, to approve and make a finding of conformance between the Capital Improvement Program with the recommendations, spirit and intent of the Comprehensive Plan. 7. STUDY SESSION a. ZA Ox Industrial Neighborhood Rezone Allison began the study session regarding a proposed zoning amendment for the Leonard Avenue neighborhood. Almost two decades ago, the City of Hutchinson annexed a large portion to the east of the city. During the annexation process, the entire area was zoned as I-3 Heavy Industrial, due to the larger share of land uses being industrial in nature. On July 2, 2018, City Staff was contacted by the owner of 2816 Leonard St. about rezoning the property. Due to the industrial zoning of the property, should the house be destroyed more than 50% of the appraised value, the property owner would not be able to rebuild. The property can continue the use as a residence due to its grandfathered status but because of the inability to rebuild lending institutions will not approve or refinance a loan. After speaking with the property owner about her options, staff recommended contacting her neighbors who also have homes in the industrial district about rezoning the entire neighborhood. The owner has contacted her neighbors and provided the City with a signed petition from 21 of the 28 property owners requesting the rezone. The Planning Commission agreed that Staff should continue working with the Leonard neighborhood and put forth a zoning amendment application. 8. Upcoming Cases a) None. 9. ADMINISTRATIVE CASES a) None. 10. CITY COUNCIL ON CASES a. CPA & ZA Zoning Amendments for 17 W 13th Ave (August 7, 2018) 11. PUBLIC COMMENTS FROM AUDIENCE a. None. 13. ADJOURNMENT - The meeting adjourned 6

413 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 Respectfully Submitted Jade Shain, Planning Technician Charlene Mosier, Planning Technician Approved this 4th day of September, 2018 Attest: 7

414 CITY OF HUTCHINSON - ~-----~ ' COUNCIL CONlMUNiCAfli)N FOR MEETING OF AGENDA ITFM FOR ACT10N INFORMATiON ONLY - - Engineering Department 1500 S. Plum St., Hutchinson, KS (620) Fax (620) DATE: August 15, 2018 INTER-OFFICE COMMUNICATION TO: FROM: John Deardoff, City Manager Jeff Peterson, P.E., Interim Director of Engineering SUBJECT: Partial Right-of-Way Vacation (Ave G between Elm and Plum)- Case BACKGROUND Interfaith Housing Services, Inc., formally requested the partial vacation of existing A venue G Right-of Way between Elm Street and Plum Street. The required legal publication set the public hearing for August 21st at 9:00 a.m. was published in The Hutchinson News on Tuesday, July 3l5t, This partial Right-of-Way vacation is requested to maximize the potential area of development on the adjacent property to the south and includes the proposed vacated area. THE ISSUE Does the City Council elect to approve the partial vacation of existing A venue G Right-of-Way between Elm Street and Plum Street. A map of the proposed vacation is included for your reference. The following City departments and utilities were contacted for their input on the proposed vacation. No. Easement Vacation 1 A 2 artment A 3 A 4 A 5 A 6 A 7 A 8 A 9 A 10 Kansas Gas Service A 11 AT&T A 12 Cox Communications A 13 Nustar Ener RECOMMENDATION It is recommended that City Council approve the partial vacation of A venue G between Elm Street and Plum Street as described in the Notice to Vacate and indicated on provided site map based upon the responses from potential affected utilities and departments.

415 CASE ORDER PARTIALLY VACATING STREET RIGHT OF WAY NOW, on August 21, 2018, the above entitled matter comes before the City Council of the City of Hutchinson, Kansas upon the petition oflnterfaith Housing Services, Inc. THEREUPON, it is shown and stated to the City Council that Interfaith Housing Services, Inc. desires the partial vacation of existing Street Right of Way located in the City of Hutchinson, Kansas, and more particularly described as follows: Beginning at the Northeast corner of Lot 1, Block 2, G.C. Millars South Addition to Hutchinson, Kansas; thence with a bearing North 89 53'52" West (basis of bearings is NAD 83 Kansas South Zone) along the North line of said Block 2 a distance of feet (platted as 495 feet) to the Northwest corner of Lot 31 of said Block 2; thence North 00 41'33" West along the extension of the West line of said Block 2 a distance of feet; thence South 87 01'38" East feet to the northerly extension of the East line of said Block 2; thence South 00 36'32" East 8.00 feet to the point of beginning containing 10,126.5 square feet. IT IS FURTHER SHOWN AND STATED TO THE CITY COUNCIL OF THE CITY OF HUTCHINSON, KANSAS, that no private rights will be injured or endangered by such vacation, and that the public will not suffer any loss or inconvenience by the vacation of a portion of this platted street. IT IS FURTHER SHOWN AND STATED TO THE CITY COUNCIL OF THE CITY OF HUTCHINSON, KANSAS, that notice of the Petitioners' intent to partially vacate the above described platted street was given by publication on Tuesday, July 31, 2018 (Case ) in The Hutchinson News, a newspaper of general circulation in the vicinity of the street sought to be vacated. THEREUPON, the City Council of the City of Hutchinson, Kansas finds that due and legal notice has been given by publication as required by K.S.A as amended; that no private rights will be injured or endangered by this vacation as requested and that the public will not suffer any loss or inconvenience thereby. THEREFORE, the request of the Petitioner should be and is hereby granted, and that the following portion of the described platted Street Right-of-way to wit: Beginning at the Northeast corner of Lot 1, Block 2, G.C. Millars South Addition to Hutchinson, Kansas; thence with a bearing North 89 53'52" West (basis of bearings is NAD 83 Kansas South Zone) along the North line of said Block 2 a distance of feet (platted as 495 feet) to the Northwest corner of Lot 31 of said Block 2; thence North '33" West along the extension of the West line of said Block 2 a distance of feet; thence South '38" East feet to the northerly extension of the East line of said Block 2; thence South 00 36'32" East 8.00 feet to the point of beginning containing 10,126.5 square feet. Is hereby vacated; IT IS SO ORDERED. Karen Weltmer, City Clerk Steven Dechant, Mayor

416 ..,~,.,.. "' ~ Vacation Site Map - Interfaith Housing Services. Inc.- ~..f +' ->-, "'a ~ i,.. ~ 1:.4 +! Q Q I 0, i,.. IQ ~ :s "' 1--~~ I ~ Q + "'.J.Ji "' ~1$2'!,,.1 "'.. Q I, :s "' +,?. -, ; L J C ~.,.,] ~ J7) :~ ~~:"" ~ I 10" a...,..., C r oo (pt) I lo.ooc"'-> I lg.oo(il'l,l I (PL) 7-- u?u-l,,,-r!!!!!!!7c~~-- ~ ~] \ I

417 INTER-OFFICE COMMUNICATION DATE: August 15, 2018 TO: John Deardoff, City Manager AGENDA ITFM FOR ACTION INFORMATlON ONLY REGIONAL AIRPORT CC: FROM: SUBJECT: Justin Combs, Parks & Facilities Director Pieter Miller, Airport Manager /JM, Airport T-Hangar Manufacturer Bid Award Background: During the 2018 City Budget discussion, $370,000 was programmed for newt-hangar construction at the Hutchinson Airport. The current aircraft owner waiting list for hangar space and the proposed monthly lease payments were justification to construct a set of 8 t-hangars with an expected payoff in 20 years. After the 20-year payoff, all leases for the t-hangars will increase the revenue stream for the airport, thus reducing the airport budgets reliance on general fund subsidies. As a result, the airport released a Request for Bid for delivery of 8 t-hangars meeting a standard set of requirements and specifications. This bid was made public on July 24 th and bids were opened on August 7 th, The following two vendors submitted a bid: Fulfab Inc. $143, Erect-A-Tube Inc. $155, This bid was for the first phase of the t-hangar construction project. It only includes manufacture and delivery of the t-hangar kit. The second phase will be for site preparation and assembly of the t-hangars. Financial Impact: Fulfab Inc. was the low bid. However, upon review of the bid submittal, Fulfab did not meet the specifications as required in the bid. This was verified by contacting the sales representative for Fulfab and confirming that the supplied dimension was accurate. This resulted in Erect-A-Tube being the only t-hangar manufacturer meeting the specifications, despite not being the low bid. Recommendation: Motion to accept the bid from Erect-A-Tube Inc and authorize the Mayor to sign the contract for manufacture and delivery of 8 metal t-hangars for an amount not to exceed of $155, for the Hutchinson Regional Airport.

418 FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY MEMORANDUM TO: From: Date: Subject: John Deardoff, City Manager Justin Combs, Director of Parks and Facilities ~ August 15, 2018 Orchard Park Pavilion Bid Background: On August 7 th bids were received for the construction of the new park pavilion building at Rivers Banks Orchard Park. Seven contractors responded to the bid; A&A builders, Compton Construction Services, HIEB & Associates, The Law Company, Vogts Construction and Wiens & Company. The bid consisted of a base bid and 6 alternate items. The base bid was for all basic site work and the construction of the building excluding MEP (mechanical, electrical and plumbing). Alternate 1 was for the above grade plumbing. Alternate 2 was for all electrical. Alternate 3 was for the HVAC and mechanical. Alternate 4 was for expanded exterior concrete and patio. Alternate 5 was for the additional parking and alternate 6 was for decorative stone retaining wall and decorative paving. Vogts Construction was the low for the base bid and the alternate items with a total bid of $1,554,890. The project was bonded in the fall of 2017 and the overall budget was $883,000 and after design fees, special inspections and geotechnical evaluation the construction budget is $800,000. The Architects estimate for the total project was $1,100,000. Due to a concern about the budget the alternates were developed to provide options to bring the cost within the budgeted amount. However, based on the significant difference between the low bid and the budgeted amount and after discussing our options with the Architect, it is clear the current building design does not fit our budget. Without significantly altering the scope of work there is no reasonable options to "value engineer" the building. Recommendation: Motion to reject all bids for the construction of the new park pavilion at Rivers Banks Orchard Park. Action Required: None

419 TABULATION - BID VENDORS A&A Compton Harbin HIEB& The Law Vogts Wiens & Company Builders, Inc. Construction Construction Associates Company Construction Hutchinson, KS Hutchinson, Services Salina, KS Hutchinson, KS Wichita, KS Newton, KS KS Wichita, KS Item #1 1,153, ,144, ,181, ,212, ,189, ,099, ,150, Item #2 39, , , , , , , Item #3 101, , , , , , , Item#4 167, , , , , , , Item #5 14, , , , , , , Item#6 57, , , , , , , Item #7 122, , , , , , , Total $1,655, ,671, $1,681, $1,731, $1,651, $1,554, $1,630,000.00