Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a district, certain Conditional Uses listed herein, when found to be in the interest of the public health, safety, morals, and general welfare of the community, may be permitted, except as otherwise specified, in any district from which they are prohibited.
Before the location or establishment thereof, or before any change or use of the premises existing at the time of the effective date of this Code or permitted as herein provided is made, a development plan in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the Planning Commission as specified in Article 20 of this Code. The Planning Commission shall hold a public hearing following the provisions also outlined in Article 34 of this Code and shall review such development plan and statements and shall, after a careful study of the effect that such buildings, structures, or uses will have upon the surrounding property, submit a recommendation to the Governing Body.
Following receipt of the Planning Commission’s recommendation, the Governing Body may, within the specifications herein provided, permit such buildings, structures, or uses where requested, provided that the public health, safety, morals, and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. In this regard, the Governing Body may impose reasonable conditions on the approval of a Conditional Use Permit including, but not limited to those items identified in Article 20 of this Code.
Uses operating under an existing Special Use Exception approved prior to the adoption of this Code shall continue as if approved under this Code. Changes in operations of uses that are listed herein as a requiring a Conditional Use Permit that would have required an amendment to the existing Special Use Exception shall be considered as a Conditional Use and considered as provided herein.
All requests for additions and structural alterations to Conditional Uses previously approved by the Governing Body shall be considered in the same procedure as outlined in Section 27-101 herein.
The following Conditional Uses may be approved by the Governing Body as provided in this Article:
1. Airports, aviation fields, helio-ports, and/or landing fields, either publicly or privately held.
2. Bed and breakfast facility.
3. Buildings, structures or premises for public utility services or public service corporations; including but not limited to, water treatment plants, wastewater treatment plants, pump stations, filter beds, water towers, substations, electric transmission lines, reservoirs, and utility maintenance shops and yards.
4. Cemeteries, mausoleums or crematories for the disposal of the dead.
5. Churches and church-related facilities including camps, schools, retreat centers and similar facilities; publicly-owned and operated community buildings, art gallery, museums and libraries.
6. Commercial parking lots.
7. Commercial stockyard or feedlot.
8. Contractor’s shop and/or yard, including construction equipment and/or material storage areas.
9. Drive-in theaters.
10. Exposition centers and/or buildings.
11. Explosives, fireworks, ammunition, black powder, or similar material wholesale sales, storage, warehousing, and/or manufacturing.
12. Fairgrounds.
13. Fire stations.
14. Grain elevators and its accessory activities including, but not limited to, bulk fuel storage facilities, ammonia storage, tire repair facilities, etc.
15. Greenhouses, nurseries and/or hydroponic farms operated as a retail business.
16. Group Boarding Home, Group Day Care Home, Child Care Center, Day Care Center, Detention Center, Family Day Care Home, or Residential Center, provided:
a. The applicant shall submit, as a part of the application, the plans for the proposed facility giving the type of services to be rendered, the number of persons to be placed in the facility, the number of staff to be employed and other information that will help in determining the extent of services to be provided.
b. A letter from the Reno County Health Officer shall be submitted by the applicant, giving the current status of the applicant’s license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin its operation.
c. Off-street parking at a rate of one space per employee plus two additional spaces for guests.
d. When operated out of an existing or proposed residential structure, the following standards shall be met:
i. That only one nonilluminated ground or wall sign not more than 4 square feet in area is used to advertise the home occupation.
ii. Outside play areas shall be fenced.
17. Hospitals, nursing or convalescent homes, congregate care facilities and retirement housing.
18. Hospital or clinic for large or small animals, provided:
a. That such hospital or clinic and treatment rooms be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls.
19. Judicial centers, jails, penal or correctional institutions.
20. Keeping of exotic birds or animals in the unincorporated portion of Reno County, Kansas.
21. Kennels, either boarding or breeding, provided:
a. Pens or open kennels shall be located at least 50 feet from the front lot line and at least 30 feet from any side or rear lot line.
b. Open pens shall not be required to be served by sanitary sewer facilities unless soil conditions will not support adequate percolation.
22. Mortuaries and attendant accessory activities and facilities.
23. Parks and playgrounds.
24. Radio or television broadcasting towers and/or stations, microwave transmitting and/or receiving towers and/or stations, or any tower or other similar structure 50 feet or more in height; whether publicly or privately owned, provided:
a. The location of every tower must be such that it is at least an equal distance from all property lines as it is in height. A plot plan shall be submitted with the application.
25. Recreational or sports-related activity or facility, whether publicly or privately owned.
26. Recreational Vehicle Parks with accompanying business, store and hospitality-related structures
27. Riding academies, stables and/or show arenas, rodeo arenas and/or facilities.
28. Salvage yards.
29. Sanitary landfills, hazardous waste disposal facilities, construction/demolition landfills, industrial landfills, or other such similar areas not prohibited by law.
30. Schools, preschools or kindergartens, either publicly or privately owned or operated.
31. Shipping Containers when deployed in whole or in part into any permanent structure and/or when located on a lot for more than three (3) weeks for any purpose whatsoever
32. Shops with integrated residential facilities (sometimes referred to as “shouses” or “barndominiums”).
33. Self-Storage Facilities
34. Truck stops and/or truck terminals.
35. Zoos, commercial aquariums, or aviaries.
36. Any other use not specifically listed as a permitted and/or accessory use in any district in this Code, or as a prohibited use.
A Conditional Use Permit shall be allowed to continue, unless specified otherwise as a condition of authorization, as long as all conditions placed on it are met; however, if that particular use ceases to exist for a period of six months, it will forfeit its Conditional Use Permit and will not be allowed to exist again unless a new application is made, a public hearing held and a new Conditional Use Permit approved.
Buildings and structures may be erected and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof and shall be on the premises of the main use.
The determination of the eligibility of a proposed use as an accessory use shall be made by the Zoning Administrator.
Accessory uses shall be allowed; provided, said accessory uses shall be limited to those specified herein for the various zoning classifications:
1. In District “R-1A” Single-Family Residential, “R-1B” Single-Family Residential, “R-1C” Single-Family Residential, and “R-2” Two-Family Residential District, only the following accessory uses are allowed:
a. Accessory buildings and uses commonly associated with multi-family residential activity, including, but not limited to, the following:
Accessory off-street parking and loading spaces
Fences or walls
Flag poles
Gates or guard houses for subdivisions
Guest houses
Home barbeque grills
Parabolic and satellite dish-type antennas
Play equipment
Private garages and carports
Servants quarters
Small storage sheds constructed from wood materials that are no more than 250 square feet in gross floor area
Solar collectors
Swimming pools
Television and radio receiving antennas less than 50 feet in height
No accessory building or use shall occupy a required front yard (except basketball goals, flag poles and fences as permitted).
A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation.
b. Home occupations such as, but not limited to, the following:
Accountant
Architect
Artist
Attorney
Author or Writer
Chiropractor
Clergyman
Cosmetologist
Counselor
Dentist
Engineer
Home Crafts
Insurance Agent
Osteopath
Photographer
Physician
Planner
Real Estate Agent
Salesman
Seamstress/Dressmaker
Secretary/Typist
Teaching or Instruction provided not more than 3 students are taught at any one time and not more than 1216 students per day
The following conditions and restrictions shall apply to such customary home occupations:
i. That the home occupations shall be carried on wholly within a main building or structure, or within a permitted accessory building or structure, provided that the primary use of the main building or structure is clearly the dwelling used by the person as his or her private residence.
ii. That no person other than members of the household living on the premises and one (1) outside person shall be employed.
iii. That only one nonilluminated ground or wall sign not more than 4 square feet in area is used to advertise the home occupation.
iv. That no display or storage of equipment or materials outside of a building or structure shall be permitted.
v. That no equipment or machine is used in such activities that is perceptible off the premises by reason of noise, smoke, dust, odor, heat, glare, radiation, electrical interference or vibration.
vi. That off-street parking and loading shall be provided and that no generation of substantial volumes of vehicular or pedestrian traffic or parking demand shall be permitted.
2. In Districts “R-3” Medium Density Residential and “R-4” Apartment House, only the following accessory uses are allowed:
a. Where single-family and two-family dwellings are permitted, the accessory uses permitted for said single-family and two-family dwellings are those permitted in Section 27-108(1), above.
b. Accessory buildings and uses commonly associated with multi-family residential activity, including, but not limited to, the following:
Accessory off-street parking and loading spaces
Fences and walls
Flag poles
Gates or guard houses
Maintenance building for the complex
Parabolic and satellite dish-type antennas
Play equipment
Power generators
Recreation areas and buildings, clubhouses
Swimming pools
Television and radio receiving antennas less than 50 feet in height
Trash collection centers
Vending machines, mail rooms and laundry facilities in common areas
No accessory building or use shall occupy a required front yard (except flag poles and fences as permitted).
c. Home occupations such as, but not limited to, the following:
Accountant
Architect
Artist
Attorney
Author or Writer
Chiropractor
Clergyman
Cosmetologist
Counselor
Dentist
Engineer
Home Crafts
Insurance Agent
Osteopath
Photographer
Physician
Planner
Real Estate Agent
Salesman
Seamstress/Dressmaker
Secretary/Typist
Teaching or Instruction provided not more than 3 students are taught at any one time and not more than 1216 students per day
The following conditions and restrictions shall apply to such customary home occupations:
1. That the home occupation shall be carried on wholly within a main building or structure, or within a permitted accessory building or structure, provided that the primary use of the main building or structure is clearly the dwelling used by the person as his or her private residence.
2. That no person other than members of the household living on the premises and one (I) outside person shall be employed.
3. That only one nonilluminated ground or wall sign not more than 4 square feet in area is used to advertise the home occupation.
4. That no display or storage of equipment or materials outside of a building or structure shall be permitted.
5. That no equipment or machine is used in such activities that is perceptible off the premises by reason of noise, smoke, dust, odor, heat, glare, radiation, electrical interference or vibration.
6. That off-street parking and loading shall be provided and that no generation of substantial volumes of vehicular or pedestrian traffic or parking demand shall be permitted.
d. A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation.
3. In Districts “C-0” Commercial Office, “C-1” Neighborhood Commercial, “C-2” General Commercial, “C-3” Highway Service, and “C-4” Central Business District, only the following accessory uses are allowed.
A. Awnings, subject to the restrictions in Section 27-105(2)(c).
B. Parking areas, loading areas, and/or private garages for motor vehicles.
C. Exterior lighting, including floodlighting.
D. Radio, television, and/or microwave antennas or towers, provided such shall not exceed 50 feet in height.
E. Fences or walls, including security or screen fences or walls.
F. Flagpoles, cooling towers and other similar uses.
G. Food service and vending machines for tenants.
H. Solar collectors.
I. Parabolic and satellite dish-type antennas.
J. Washing and other motor vehicle cleaning shall be permitted as an accessory use in service stations, provided such washing and cleaning shall not utilize more than two car stalls or more than 30 percent of the floor area in any one station, shall be a part of the main building, shall not be equipped to handle anything larger than a one ton truck, and shall not be open for use during hours when the service station is closed. Such washing and cleaning operation shall utilize the same entrance drives as the service station and may use coin operated or attendant-operated equipment, but not continuous line or conveyor type washing equipment.
K. Material storage yards, in connection with retail sales of products sold on the premises, where storage is incidental to the approved occupancy of a building, provided all products and materials used or stored are in a completely enclosed building or enclosed by a masonry wall, fence or hedge no less than 6 feet in height. Storage of all materials and equipment shall not exceed the height of said wall or fence. Storage of motor vehicles used in connection with the permitted trade or business is permitted within the walls, but not including storage of heavy equipment such as road-building or excavating equipment.
4. In Districts “1-1” Light industrial, “1-2” Medium Industrial, and “1-3” Heavy Industrial, only the following accessory uses are allowed:
A. Awnings, subject to the restrictions in Section 27-105(2)(c).
B. Parking areas, loading areas and/or private garages for motor vehicles.
C. Exterior lighting, including floodlighting.
D. Fences or walls, including security or screen fences or walls.
E. Loading equipment.
MISSING PAGES FROM ZONING CODE: 27-10 & 27-11