The 1998 edition, Uniform Land Development Code for Units of Local Government in Reno County, Kansas, (the Code) prepared, compiled and promulgated as a standard of the Reno County Conference of Planning Officials, three copies of which are on file in the office of the city clerk, is for all intents and purposes incorporated into the Municipal Code of the city as full as if set forth herein, and shall be in full force and effect as the Land Development Code of the City of South Hutchinson, Kansas, except as hereby amended.

(Ord. 01-680, Sec. 1)

The 1998 edition, Uniform Land Development Code for Units of Local Government in Reno County, Kansas, hereinabove adopted by reference, is hereby amended in the following respects:

Section 1-105 is hereby amended to read as follows:

Districts: The following districts are created in order to regulate and restrict the use of land and the location of buildings erected or altered for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit population density and the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings. The City of South Hutchinson, Kansas, is hereby divided into districts of which they shall be in number, known as:

AG             Agricultural District

SR              Suburban Residential District

R-1A          Single-Family Residential District

R-1B          Single-Family Residential District

R-1C          Single-Family Residential District

R-2            Two-Family Residential District

R-3            Medium Density Residential District

R-4            Apartment House District

C-O            Commercial Office District

C-1            Neighborhood Commercial District

C-2            General Commercial District

C-3            Highway Service Commercial District

C-4            Central Business District

I-1              Light Industrial District

I-2              Medium Industrial District

1-3             Heavy Industrial District

PUD           Planned Unit Development

FP              Floodplain Overlay District

P                Public, Recreational and Institutional District

Section 2.15(4b), Satellite Dishes is amended by deleting the entire subparagraph (b) and substituting therefor the following language:

(b)   Dish Antennae. Except as provided herein, no parabolic or dish type antennae shall be erected, constructed, altered or maintained on any lot within the city.

Definition. Parabolic or dish type antennae as used herein means any circular or similar dish shape receiving antennae communications or for receiving television signals from a satellite.

Requirements. All parabolic or dish type antennae located outside of the building shall meet the following requirements:

(1)   Maximum number per residential lot- one.

(2)   Maximum height - 13 feet.

(3)   Maximum diameter - 10 feet.

(4)   Minimum setback from all property lines of lot- 10 feet.

(5)   No antennae may be located in a front or side yard.

(6)   All parabolic or dish type antennae shall be mounted at ground level.

(7)   No parabolic or dish type antennae shall be roof mounted or mounted on towers or similar forms of structural support.

Certification. No parabolic or dish type antennae shall be made operational until the city coordinator or his or her designee shall certify in writing that both the construction plans and final construction of the antennae meet the requirements of this article. In any district, satellite dishes shall not be installed within utility easements nor block fire lanes between buildings.

Section 2.15. Paragraph 4(b)(1) shall be amended to read:

A childproof barrier or fence of at least six feet in height shall extend entirely around the pool, except where a structure is a part of the barrier.

Section 2.15(4h) shall be amended to read as follows:

(h)   Unlicensed motor vehicle. Two unlicensed motor vehicles may be stored on any given parcel but shall not be stored within a front yard or any easement. Unlicensed motor vehicles include competition vehicles, historic and antique vehicles, and vehicles being restored but does not include junk vehicles, abandoned vehicles and vehicles used for salvage. Unlicensed vehicles may be parked on parcels in the AR-1, R-2, R-3, R-4 and R-5 districts, but not in the front yard nor within five feet of a parcel boundary.

Section 2.15 (4j) is deleted in its entirety.

Section 2-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “AG” Agricultural District, the minimum dimensions of yards required along designated major roads and highways in Reno County shall be as follows:

1.    Lot Area: Every lot shall be a minimum of 10 acres.

2.    Intensity of Use: A maximum of one (1) dwelling may be established on each ten (10) acres.

3.    Front Yard: The depth of the front yard shall be at least 25 feet or at the discretion of the zoning administrator, to align with other properties.

4.    Side Yard: The depth of the side yard shall be at least 6 feet.

5.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 3-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “SR” Suburban Residential District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area pre dwelling unit permitted on any lot shall be as follows:

1.    Height: Nonagricultural buildings or structures shall not exceed 35 feet and/or 2 ½ stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 6 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

5.    Lot Area Per Dwelling Unit: Every dwelling hereafter erected, constructed, reconstructed, moved or altered shall provide a minimum lot area per dwelling unit equivalent to the requirements of the applicable section(s) of the adopted Reno County Sanitation Code based on the proposed water service and/or wastewater treatment system for the lot.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 3-110 is hereby added to Article 2 and shall read as follows:

Animal Units: A unit of measurement of livestock and animals based on the type and size of animals as follows:

Cattle (in general the following formula applies: live weight/1000 + 0.1 = animal units)

Mature cow (900 lbs. and over)                                            1.00

Mature cow with unweaned calf                                           1.20

Bull                                                                                     1.40

Over 400 lbs. to 1000 lbs. increases @ .10 per 100 lbs.

Horses

Yearling                                                                              0.75

Two year old                                                                       1.00

Three year old                                                                     1.25

Sheep, deer and goats

Ewes with or without lambs                                                 0.20

Does with or without fawns or kids                                       0.20

Weaned lambs, kids, fawns or yearlings                                0.12

Rams or bucks                                                                     0.26

Pigs and hogs

Sows with or without piglets                                                0.30

Piglets                                                                                 0.10

Boars                                                                                  0.40

Chickens, turkeys, ducks, game birds, geese and other Poultry      0.05

Section 4-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-1A” Single-Family Residential District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 2 ½ stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than six feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 5-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-1B” Single-Family Residential District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 2 ‘/2 stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 6 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 6-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-1C” Single-Family Residential District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 2 ½ stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 6 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 7-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-2” Two-Family Residential District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 2 ‘A stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 6 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 8-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-3” Medium Density Residential District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 10 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 20 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 9-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “R-4” Apartment House District, the height of buildings shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 10 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 20 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 10-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “C-O” Commercial Office District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 3 stories in height.

2.    Front Yard: None, except where a building or structure obstructs sight distance at uncontrolled intersections as determined by the Zoning Administrator.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 11-102 is hereby amended to read as follows:

Use Regulations: In District “C-1”, 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 following uses:

1.    Any use permitted in the “C-On Commercial Office District.

2.    Automotive service stations, provided bulk storage of flammable liquids is underground; and further provided that no repair services are conducted on the premises.

3     Retail stores and shops which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, including, but not limited to, the following:

Artist materials, supply, studio

Barber and/or beauty shop

Book and stationary store

Camera shop

Delicatessen and/or carry-out food (maximum seating capacity of 12)

Dry cleaning, pressing, laundry, tailor shop

Florist shop

Newspaper or magazine sales

Optical sales and service

Package liquor store

Pharmacy

Shoe store or repair shop

Section 11-107 is hereby amended to read as follows:

Height. Area and Bulk Regulations: In the “C-1” Neighborhood Commercial District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 35 feet and/or 3 stories in height.

2.    Front Yard: None, except where a building or structure obstructs sight distance at uncontrolled intersections as determined by the Zoning Administrator.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 12-102 is hereby amended to read as follows:

Use Regulations: In District “C-2”, 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 following uses:

1.    Any use permitted in the “C-1” Neighborhood Commercial District and/or in the “C-3” Highway Service Commercial District.2.    Auditorium or theater, but no open-air drive-in theaters.

3.    Bowling alleys and amusement arcades.

4.    Drive-in and drive-through establishments, except as otherwise prohibited herein.

5.    Food storage lockers.

6.    Hotels, motels, and motor hotels.

7.    Lawn and garden supply sales and service, including storage yards.

8.    Membership clubs, including private clubs as defined by K.S.A. 41-2601 et seq., and subsequent amendments.

9.    Printing, publishing, and engraving firms, including newspaper publishing; provided said operations are principally retail business.

10.  Reupholstering.

11.  All other commercial or retail stores and activities not otherwise prohibited or restricted by this code, including, but not limited to, the following:

Antique shop

Appliance store and/or repair shops

Art school, gallery or museum

Auto supply store

Building materials sales

Car wash

Catering establishment

Clothing and apparel store

Curio or gift shop

Department store

Drinking establishment Dry goods store

Dyeing and cleaning works Furniture store

General service and repair establishment Grocery store or supermarket

Hardware store Lumberyard

Meat market, including processing facilities

Motor vehicle sales, service and/or repair

Painting and/or decorating shop

Parking lots operated as a business

Plumbing and heating shop

Radio and television sales and/or service

Restaurant

Sewing machine sales, service and/or instruction

Sporting goods sales

Taverns

Tire sales and service including vulcanizing, but not manufacture

Toy store

Used car sales

Variety store

Section 12-107 is hereby amended to read as follows:

Height. Area and Bulk Regulations: In the “C-2” General Commercial District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 13-107 is hereby amended to read as follows:

Height. Area and Bulk Regulations: In the “C-3” Highway Service Commercial District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 14-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “C-4” Central Business District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 15-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “1-1” Light Industrial District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force an effect as if all the notations and requirements were fully set forth or described herein.

Section 16-102 is hereby amended to read as follows:

Use Regulations: In District “1-2”, 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 following uses:

1.    Any use permitted in “l-1” Light Industrial District.

2.    Book or publishing plants.

3.    Bus barns or lots.

4.    Cold storage and ice plants.

5.    Creameries and dairy product processing.

6.    Food and beverage products, canning and preserving, processing and packaging of products.

7.    Furniture refinishing.

8.    Industrial machinery sales and service.

9.    Machine shops.

10.  Metal fabrication.

11.  Physical processing of chemicals, (i.e., mixing), but not including processing involving chemical reactions.

12.  Plastic extrusion.

13.  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.

Section 16-107 is hereby amended to read as follows:

Height. Area and Bulk Regulations: In the “1-2” Medium Industrial District, the heigh of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 17-107 is hereby amended to read as follows:

Height, Area and Bulk Regulations: In the “1-3” Heavy Industrial District, the height of buildings and the minimum dimensions of lots and yards shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: None.

3.    Side Yard: None.

4.    Rear Yard: None.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

Section 21-106 is hereby amended to read as follows:

Performance Standards Districts “C-2”, “C-3” and “P”: The following are the performance standards for used in the “C-2” General Commercial District, the “C-3” Highway Service Commercial District, and the “P” Public, Institutional and Recreational District.

1.    No smoke, radiation, vibration or concussion, or heat shall be produced that is perceptible outside a building, and no dust, fly ash, or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

2.    Merchandise which may be appropriately displayed or stored outside a building shall be kept off public property or public right-of-way. Merchandise for sale may be stored or displayed outside a building, but must maintain a setback of at least 10 feet from a street right-of-way, or 6 feet from a side or rear lot line.

3.    Any manufacturing or assembly of products shall be entirely within a totally enclosed building.

4.    Exterior lighting may create traffic hazards by glaring into the eyes of motorists. The glare of exterior lights may also prove a nuisance to neighboring parcels. The standards in this section do not apply to street lights, located in street rights-of-way.

A.    All exterior lighting shall be located on a parcel and constructed so as to meet the following maximum illumination standards:

B.    The maximum permitted illumination shall be measure at the parcel boundary. The maximum permitted illumination standards shall apply independently and separately to each parcel boundary.

C.    Publicly owned ball-diamonds, playing fields and tennis courts shall be exempt from the maximum permitted illumination standards because of their unique requirements for nighttime visibility and because they are used for limited time periods.

D.    Flickering or flashing lights, except those incorporated in a sign, shall not be permitted.

E.    Maximum permitted illumination shall be measure in lumens per square meter or foot-candles. Measurements shall be made with a portable light meter, tested and calibrated by a laboratory or manufacturer. The light meter shall be mounted at ground level in a horizontal position. Two measurements shall be taken during the night, one with the light source in question on and on with the light source off. The difference between the two readings shall not exceed the maximum permitted illumination. This procedure will eliminate the effects of moonlight and other existing sources of light.

Section 21-110 is hereby amended to read as follows:

Performance Standards - Conditional Uses - District “P”: The following are the performance standards for Conditional Uses authorized by this Code.

1.    No smoke, radiation, vibration or concussion, or heat shall be produced that is perceptible outside a building, and no dust, fly ash, or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

2.    Any manufacturing or assembly of products shall be entirely within a totally enclosed building.

3.    No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq., or amendments thereto, and any administrative regulations adopted thereunder.

4.    No activity shall be permitted that creates any off-site electrical disturbances.

5.    Light sources shall be controlled or hooded so that light is directed away from any adjoining residentially zoned property or public street.

Article 24 is hereby amended to read as follows:

ARTICLE 24-P- PUBLIC, INSTITUTIONAL & RECREATIONAL DISTRICT

Sections:

24-101   Applications

24-102   Use Regulations

24-103   Performance Standards

24-104   Parking Regulations

24-105   Off-Street Loading Regulations

24-106   Sign Regulations

24-107   Height, Area, and Bulk Regulations

24-108   Supplementary Height, Area, and Bulk Regulations

24-109   Supplementary Use Regulations

24-101   Application: The regulations set forth in this Article, or set forth elsewhere in this code when referred to in this Article, are the regulations in the Public, Institutional and Recreational District.

24-102   Use Regulations: In District “P”, 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 following uses:

1. Public, Institutional, and Recreational Uses.

24-103   Performance Standards: The Performance Standards for permitted uses in this district are contained in Article 21 of this code.

24-104   Parking Regulations: The Parking Regulations for permitted uses in this district are contained in Article 22 of this code.

24-105   Off-Street Loading Regulations: The Off-Street Loading Regulations in this district are contained in Article 23 of this code.

24-106   Sign Regulations: The Sign Regulations for this district are contained in Chapter IV, Article 7 of the Code of the City of South Hutchinson, Kansas.

24-107   Height. Area. and Bulk Regulations: In the “P” District, the height of buildings, the minimum dimensions of lots and yards, shall be as follows:

1.    Height: Buildings or structures shall not exceed 45 feet and/or 3 stories in height.

2.    Front Yard: The depth of the front yard shall be at least 30 feet.

3.    Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 6 feet.

4.    Rear Yard: The depth of the rear yard shall be at least 10 feet.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 25. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

24-108   Supplementary Height, Area, and Bulk Regulations: The Supplementary Height, Area and Bulk Regulations are contained in Article 26 of this code.

24-109   Supplementary Use Regulations: The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 27 of this code.

Article 25 is hereby amended to read as follows:

District Height, Area, and Bulk Regulations:

Section 26-103-1 is hereby amended to read as follows:

Modification of Area Regulations:

1.    Yards, generally:

A.    Except as herein provided for accessory buildings and structures, whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

B.    Every part of a required yard shall be open to the sky, except as authorized by this Article. Ordinary projections of sills, awnings, canopies, belt courses, air conditioning units, chimneys, cornices, and ornamental features may project to a distance not to exceed 24 inches into a required yard setback.

C.    Where a lot is used for a commercial or industrial purpose, more than one main building may be located on the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

Section 26-103-3 through 7 is hereby amended to read as follows:

Modifications of Area Regulations:

3.    Front Yards:

A.    When an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

B.    Front yard shall be provided by the address of the parcel.

4.    Corner Visibility:

A.    No sign, fence, wall, hedge, planing, or other obstruction to vision, extending to a height in excess of 3 feet above the established street grade measured from the crown of the street, shall be erected, planted or maintained within the visibility triangle area of a corner lot which is designated to be 30 feet.

5.    Easements:

A.    No building, either a main or an accessory building, shall be constructed, moved, or altered so as to encroach onto or within a platted or recorded easement.

Section 27-104 is hereby amended to read as follows:

Conditional Uses Enumerated: 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 wholesales 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:

1.    That only one non-illuminated ground or wall sign nor more than 4 square feet in area is used to advertise the home occupation.

2.    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.  Keeping of exotic birds or animals in the unincorporated portion of Reno County, Kansas.

20.  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.

21.  Mortuaries and attendant accessory activities and facilities.

22.  Parks and playgrounds.

23.  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.

24.  Recreational or sports-related activity or facility, whether publicly or privately owned.

25.  Riding academies, stables, and/or show arenas, rodeo arenas and/or facilities.

26.  Salvage yards.

27.  Sanitary landfills, hazardous waste disposal facilities, construction/demolition landfills, industrial landfills, or other such similar areas not prohibited by law.

28.  Schools, preschools or kindergartens, either publicly or privately owned or operated.

29.  Truck stops and/or truck terminals.

30.  Zoos, commercial aquariums, or aviaries.

31.  Shared residential uses in commercial property zoned C-2 provided limited commercial use including professional services, offices space, retailer or any other compatible use continues to operate and residential building code standards are in compliance.

32.  Any other use not specifically listed as permitted and /or accessory use in any district in this code, or as a prohibited use.

Section 27-108 is hereby amended to read as follows:

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 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 barbecue grills

Parabolic and satellite dish-type antennas

Play equipment

Private garages and carports

Servants quarters

Small storage sheds

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.

       Gable Buildings or Barn style buildings shall not have a sidewall height of more than sixteen (16) feet.

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 or walls

Flag poles

Gates or guard houses

Maintenance buildings 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.)

Section 27-109 is hereby amended to read as follows:

Fences or Walls:

A.   Fences or walls may be constructed to a maximum height of (8) eight feet above the average grade subject to the restrictions of this Article. For all fences or walls greater than (6) six feet in height, where a new fence or wall is constructed or an existing fence or wall is being extended, a permit shall be obtained from the City. A fence permit shall also be required for the replacement or reconstruction of 50% or more of the linear feet of the entire existing fence. Any such replacement or reconstruction shall comply with all the provisions of this Article except setbacks. In determining the height of a fence, the material used in the fence posts shall not be considered. Permitted materials for fences on all properties shall include: wood boards, rustic wood, chain link, wrought iron, vinyl, brick, masonry, split rail, and any generally accepted fencing materials currently used in the fencing industry. Non permitted materials shall include, but not limited to, sheet metal, barbed wire (below 6 feet), chicken wire, or scrap metal.

B.    Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least two feet from any street right-of-way, and where the wall does not extend more than six inches above the ground level of the land being retained.

C.    All fences or walls constructed prior to the adoption of this code which do not meet the standards of this article may be replaced and maintained resulting in a fence the same size, type and material; provided, however, that no fence shall be replaced or reconstructed in a manner which obstructs the sight distance triangles as defined by this article.

D.   In all residential districts, the following restriction and standard shall apply to all fences and walls:

1.    Location.

a.     Front yard. A fence or wall not more than three (3) feet in height may project into or enclose any required front yard or side yard and may rise at a rate not to exceed one (1) foot rise in a six (6) feet linear feet not to exceed maximum height of eight (8) feet.

b.    Rear yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare.

c.     Side yard. A fence or wall may be constructed on the side property line, except that no fence shall be closer than fifteen (15) feet to any collector or local street right-of-way.

d.    Commercial, Industrial, Ag Zones or Suburban residential fence may be built to set back lines, but must not obstruct thirty (30) feet sight triangle and no more than eight (8) feet in height.

2.    Design Standards for all Fences.

a.     Spikes and Barbed Wire Fences. No person shall place or permit to be placed or remain on any fence or wall, within five feet of any public street or sidewalk or less than six feet above grade. Except in “AG” agricultural district where barbed wire fences are permitted.

b.    Electric Fences. No person shall erect a fence containing uninsulated electric conductors that may be exposed to human contact anywhere within the city.

c.     Swimming Pools. Private swimming pools having a water depth of two feet or more shall be separated from the remainder of the yard by a protective fence or other permanent structure at least four feet in height. The protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person.

d.    Commercial Industrial, Suburban Residential and Agricultural Districts. No fence shall obstruct a 30 feet sight triangle as defined by this article on corner lots. A fence may be built to setback lines with an eight feet maximum height.

Section 27-110 is hereby amended to read as follows:

Accessory Building or Structure Use: No accessory building or structure shall be constructed upon a lot until the construction of the main building or structure has been actually commenced. No accessory building or structure shall be used unless the main building or structure on the lot is also being used. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is a part.

Article 28 is hereby amended to read as follows: This Article 28 hereby reserved for future use.

(Code 2002; Ord. 03-701; Ord. 05-726; Ord. 06-730; Ord. 09-771; Ord. 09-780; Ord. 10-786; Ord. 17-882; Code 2022)