ARTICLE 14 COMMERCIAL DISTRICT (C) (Amended 8-22-06) Resolution # 06-44 Sections: 14-1 Application/Purpose 14-2 Permitted Uses 14-3 Conditional Uses 14-4 Development Standards 14-5 Parking Regulations 14-6 Sign Regulations 14-7 Height and Yard Regulations SECTION 14-1. APPLICATION/PURPOSE 14-101. The regulations set forth in this Article, or set forth elsewhere in these regulations, when referred to in this Article, are the regulations in the Commercial District (C). The purpose of this district is to provide sufficient space in appropriate allocations for businesses, commercial, and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists or is planned to exist. Uses which are characterized by extensive warehousing, frequent heavy trucking activity, open storage of materials, or the dust, odor or noise associated with manufacturing are not appropriate for this district. SECTION 14-2. PERMITTED USES 14-201. In the Commercial District the following uses are permitted: 1. Retail sale establishments, including but not limited to sales of the following: department store merchandise, automobiles and trucks, automobile supplies, motorcycles, gasoline service stations, petroleum products (bulk plants not permitted), grocery stores, clothing stores, convenience stores with or without gasoline and/or cereal malt beverage sales, and food delivery outlets. 2. Services, including but not limited to those such as restaurants, and automobile repair in connection with new auto sales or as an auxiliary use to a service station, dry cleaning and laundries, appliance and small equipment repair, television broadcasting studios, public or private entertainment and recreation, charity and welfare services, and vocational and trade -1
schools. 3. Savings and loan institutions, credit union offices, and banks, all with or without drivethrough facilities. 4. Shops and stores for the sale at retail or wholesale, and the rental of items including but not limited to automotive equipment, trucks, trailers, recreational vehicles, boats, camping accessories, tools, farm machinery and supplies, building supplies, and lawn accessories. 5. Services; including, but not limited to, those such as automobile repair and washing, farm machinery repair, general repair and fix-it shops, frozen foods, including lockers, swimming pools, motels and hotels. 6. Manufacture or assembly of products to be sold only at retail on the premises or in conjunction with a retail use. 7. Accessory uses customarily incident to the normal operation of the above uses, including parking lots and signs as provided in these regulations. 14-3 CONDITIONAL USES 14-301. The following conditional uses may be approved by the County Board, for location within the Commercial District upon application for a conditional use permit by the owner, or upon initiation by the County, in accordance with the provisions of Article 21 of these regulations: 1. Public or private airports and/or landing fields. 2. Athletic fields including baseball and soccer fields. 3. Cemeteries. 4. Contractors shop and/or yard, including construction equipment and/or materials storage area, provided no open storage area shall be approved without adequate screening or landscaping. 5. Fairgrounds. 6. Fire stations. 7. Funeral homes and mortuaries. 8. Greenhouses, nurseries and/or hydroponic farms, operated as a retail business. -2
9. Hospitals and special care facilities for humans. 10. Private clubs, liquor stores, any retail establishment selling alcoholic beverages, adult entertainment or adult uses. 11. Radio or television towers, communication towers, microwave transmitting and/or receiving towers and/or stations, radio antennas, commercial satellite earth stations and similar appurtenances, subject to the following: A. Applicant shall present satisfactory proof that the proposed location and use is reasonably necessary. B. None of the above uses shall be required to comply fully with the lot size and height regulations of the zoning district in which they are located except as may be required by the conditions imposed upon the applicant. C. Such structures must be set back from all adjacent property lines and streets and highways a distance equal to not less than its height plus fifty (50) feet. D. Applicant must document that no co-location on an existing tower or other structure exists within five (5) miles of the proposed location is feasible or that efforts were made to locate on existing towers or other structures but such efforts were not successful. Documentation of this requirement shall be placed in the record by affidavit of applicant or intended user of the tower. At the request of the Planning Commission additional evidence in the form of testimony may be required from applicant or intended user of the tower. E. All proposed communication towers 150 feet or less in height, not including lightning rod, shall be designed to accommodate at least one (1) additional PCS/Cellular or other similar platform. All proposed communication towers in excess of 150 feet shall be designated to accommodate at least two (2) additional PCS/Cellular or other similar platforms. F. Any application for a proposed tower in excess of 150 feet in height shall include documentation regarding the necessity for the proposed height from a Licensed Professional Engineer. Such documentation shall be in the form of an affidavit acceptable to the Planning Commission and signed by said Engineer. At the request of the Planning Commission additional evidence in the form of testimony may be required from said Engineer. G. The tower and accessory equipment must meet all requirements of the Federal Aviation Administration. To the extent allowed by such requirements, any required lighting for such tower shall be red during time of -3
darkness. 11. Sanitary landfills not otherwise prohibited by law. 12. Manufactured homes or mobile homes when used as a temporary office or other nonresidential structure on the site of a construction project, provided such structure is removed upon completion or abandonment of the project, or upon the expiration of a period of one (1) year from the time of erection of such temporary structure, whichever is sooner. 13. Commercially operated recreational or sports-related activity or facility, whether operated by a public or private entity, unless otherwise allowed by these Regulations. This shall include, but not be limited to, such uses as: recreational lakes, camps, golf courses, country clubs, golf driving ranges, miniature golf courses, swimming pools, tennis courts, racquetball courts, commercial stables, shooting ranges, ice and roller skating rinks, race tracks for horses and dogs, bowling alleys and fee fishing lakes. 14. Public utility stations, as well as buildings, structures, and premises for public utility services or public service corporations. 15. Quarrying, mining or removal of sand, gravel or stone and the processing of the same, including asphalt and concrete plants, provided: A. All quarries and mining operations and asphalt and concrete plants shall be screened by a method approved by the County Board when the same are visible from any public road. B. The applicant shall submit complete operational plans, providing detail as to such matters as planned future excavation, noise and dust control, blasting safety, storm-water drainage and retention, hours of operation, interior roads, security and lighting. C. Where applicable, a maintenance agreement between the applicant and the County shall be required to maintain the roads that provide the ingress/egress to the operation. D. A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation to the proposed use of the site an a general plan of the proposed use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is ready to begin such reclamation; however, the amended plan must be approved by the County Board before reclamation work may begin. Said approval shall require a public hearing under the same procedures as the original Conditional Use Permit. The County Board may require the applicant to provide a performance bond in a form and amount determined by the County Board. -4
E. All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A minimum setback of one hundred (100) horizontal feet from any road right-of-way and thirty (30) horizontal feet from all other property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either surface or subsurface. F. No building, equipment, quarry products or other materials shall be erected or stored within one hundred feet (100 ) of any property or right-of-way line. 16. Water treatment facilities, water towers or storage facilities, electric utility substations or any other like facility; but not sewage treatment facilities. Notwithstanding any other provisions of these Zoning Regulations, none of these uses shall be required to comply fully with the lot size and height regulations of the zoning district in which they are located, except as may be recommended by the Planning Commission and approved by the County Board to meet the standards of this Article. 17. Veterinary and small animal hospitals. 18. Kennels, provided: A. The kennel occupies a minimum lot size of ten (10) acres. B. No kennel building or runs shall be located nearer than two hundred fifty (250) feet to any property line. C. All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the animals. D. The kennel shall have adequate measures to prevent odor, dust, noise or drainage from becoming objectionable to uses on other properties. No incineration of animal refuse shall be permitted. E. All state licensing and operations requirements are met. 19. Auction facilities. 20. Junk yards or salvage yard, provided: A. The junk yard or salvage yard occupies a minimum lot size of ten (10) acres and all state licensing and operations requirements are met. B. All such uses shall be located at least three hundred (300) feet from a boundary line. -5
C. All such uses shall be completely surrounded on all sides by a fence or wall at least eight (8) feet high. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained as to insure maximum safety to the public, obscure the junk or salvage from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other materials within the yard. No scrap, junk or other salvaged materials may be piled so as to exceed the height of this enclosing fence or wall. D. No materials shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the fence or wall. 21. Construction and demolition landfills, as defined in K.S.A. 65-3402 and amendments thereto. In addition to compliance with the other requirements of these regulations, an applicant for a conditional use permit for a construction and demolition permit shall comply with the following: A. Hold a valid, state-issued construction and demolition landfill permit at all times such landfill is in operation. B. Limit the landfill operation to the disposal of construction and demolition waste as such is defined at K.S.A. 65-3402(u) and amendments thereto. C. Minimum parcel size: 20 acres D. Setbacks: In accordance with Section 13-301.16.E. of these regulations and K.S.A. 49-501. E. Operational Plan: The applicant shall submit complete plans for the design and operation of the landfill, providing detail as to such matters as noise and dust control, stormwater drainage and retention, hours of operation, interior roads, fire suppression, security and lighting. 22. Adult Entertainment. A. Adult Entertainment or adult uses (1) Where permitted. An adult entertainment or adult use shall only be permitted in the C Commercial zoning district with the granting of a -6
Conditional Use Permit. (2) Location requirements. An adult entertainment or adult use must be located at least 1,000 feet from the following uses: a. Public or private school b. Place of worship c. Park d. Licensed day care center e. Another adult entertainment or adult use (3) Definitions. The definition of adult uses shall include the following types of establishments: a. Arcade, adult. Means any place where the public is permitted or invited in which coin-operated, slug operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion pictures, projectors, video, or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. b. Bookstore, Adult; Adult Novelty Store or Adult Video Store. Means a commercial establishment which, as one of its principal purposes, offers for sale, for any form of consideration, any one or more of the following: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, digital video discs, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or, (2) Instruments, devices, or paraphernalia that are designed for use in conjunction with specified sexual activities. c. Cabaret, Adult. A nightclub, bar, restaurant, or similar establishment which regularly features live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities or photographs, films, motion pictures, video cassettes, slides, digital video discs, or -7
other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. d. Motel, Adult. Means a hotel, motel, or other similar commercial establishment that offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction of description of specified sexual activities or specified anatomical areas and has a sign visible for the public right of way which advertises the availability of this adult type of photographic reproductions; or (1) offers sleeping room for rent for a period of time that is less than 10 hours; or (2) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. e. Motion Picture Theater, Adult. Means an establishment where, for any form of consideration, films, motion pictures, slides, computer clips, virtual reality simulations, digital video discs, video cassettes, or similar photographic reproductions are generally shown, and in which a substantial portion of the presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. f. Facility, Adult. A theater, concert hall, auditorium, building, or similar establishment regularly characterized by (activities featuring) the exposure of specified anatomical areas or specified sexual activities. g. Massage Parlor, Adult Use. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electrical or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment is by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional licensed by the State of Kansas. This definition does not -8
include an athletic club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. h. Sexual Encounter Club or Establishment, Adult Use. An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activity or the exposure of specified anatomical areas. This definition does not include any establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Kansas engages in sexual therapy. i. Escort. Means a person who, for consideration agrees to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie of privately perform a striptease for another person. j. Escort Agency. Means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. k. Nude Model Studio. Means any place where a person appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. A nude model studio shall not include a college, community college, or university supported entirely or in part by public money, or in a structure or private studio that (1) has no sign visible from the exterior of the structure and no advertising that indicates a nude or semi-nude person is available for viewing, (2) where, in order to participate in a class, a student must enroll at least three working days in advance of a class, and (3) where no more than one nude or semi-nude model is on the premises at any one time. l. Specifications. -9
i. Specified Anatomical Areas. As used herein, specified anatomical areas means and includes any of the following: (1) Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areolas; (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. ii. Specified Sexual Activities. As used herein, specified sexual activities means and includes any of the following; (1) the fondling or other erotic touching of human genitals, pubic regions, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in conjunction with any of the activities set forth above in this section. 23. Other uses not specifically listed as a permitted use in any district in these regulations, nor as a prohibited use, may be allowed as a conditional use only upon a finding by the Planning Commission and the County Board that the proposed use: will be consistent with the intent and purpose of these regulations; will be in compliance with the provisions of these regulations; is substantially similar to permitted uses or conditional uses which are authorized for the Commercial District; and that all conditions have been established that are necessary to limit any adverse impacts from the proposed use upon the neighborhood. SECTION 14-4 DEVELOPMENT STANDARDS. 14-401. Standards: The following standards shall apply to any permitted or conditional uses within this district: 1. Drive-up or drive-in service may be provided at any establishment. 2. Any manufacturing or assembly of products permitted in this district shall be entirely within a totally enclosed building. 3. No noise, smoke, obnoxious odor, radiation, vibration or concussion, or heat or glare shall be produced that is perceptible outside a building or tenanted space; and no dust, fly ash, or gas that is noxious, toxic, caustic, or obviously injurious to humans or property shall be produced. -10
4. Motor vehicles, boats, trailers, recreational vehicles and similar merchandise for sale may be stored or displayed outside a building but not within fifteen (15) feet of other property lines. Other merchandise which may appropriately be displayed or stored outside a building shall be kept off the public sidewalks and streets, and shall not reduce capacity of a parking lot below that required by these regulations. 5. Screening in accordance with the approved Development Plan. 6. Adherence to the approved Development Plan prepared in accordance with the requirements of Article 20 of these regulations. SECTION 14-5 PARKING REGULATIONS 14-501. One (1) off-street parking space shall be provided for each two hundred fifty (250) square feet of floor. 14-502. Additional parking requirements are contained in Article 23 of these regulations. SECTION 14-6 SIGN REGULATIONS 14-601. The following signs shall be allowed by permit in the Commercial District: 1. Each business or commercial establishment not part of a shopping center designed as one (1) unified entity shall be permitted three (3) non-illuminated, indirectly illuminated, or internally illuminated wall or marquee signs, not more than one (1) on a facade that faces or fronts onto a public right-of-way. In lieu of one of the wall or marquee signs, one (1) projecting sign of the same type illumination and same sign area shall be permitted for each establishment, provided said projecting sign shall not extend above the average roof level of the building. The sign area of each wall or projecting sign shall not exceed ten percent (10%) of the total surface area of the facade on which it is placed. 2. In lieu of one (1) of the wall or projecting signs permitted above, one (1) detached nonilluminated, indirectly illuminated, or internally illuminated monument sign shall be permitted for each business or commercial establishment not part of a shopping center designed as one (1) unified entity. Such sign shall not exceed twenty-five feet (25 ) in height above the average grade, and the sign face shall not exceed six hundred (600) square feet in area per face. 3. In the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) detached non-illuminated, -11
indirectly illuminated, or internally illuminated monument sign may be permitted identifying the entire center. A freestanding gasoline service station or convenience store, designed as part of the center, may also have a detached monument sign. Such monument signs shall not exceed ten (10) feet above the average grade, and the sign face shall not exceed one hundred (100) square feet in area per face. Each business or commercial establishment in a unified shopping center shall be permitted two (2) facade that faces or fronts onto a public right-of-way. The sign area of each wall sign shall not exceed ten percent (10%) of the total surface area of the facade upon which it is placed. 14-602. Additional sign regulations are contained in Article 24 of these regulations. SECTION 14-7 HEIGHT AND YARD REGULATIONS 14-701. Height: Buildings or structures shall not exceed thirty (30) feet and/or two (2) stories. 14-702. Front Yard: The depth of the front yard shall be at least thirty-five (35) feet. 14-703. Side Yard: There shall be a side yard on each side of a building; no side yard shall be less than fifteen (15) feet. 14-704. Rear Yard: The depth of the rear yard shall be at least twenty-five (25) feet. -12