Chapter 17.05
ZONING DISTRICTS AND USE STANDARDS

Sections:

17.05.010    Zoning Districts and Intent.

17.05.020    General Zoning Standards.

17.05.030    General Use Standards.

17.05.040    Accessory Uses.

17.05.050    Specific Use Standards.

17.05.010 Zoning Districts and Intent

For the purpose of regulating and restricting the use and development of land and buildings, the following districts are established, with the intent given for relationship to the Comprehensive Plan.

A.    Zoning Districts and Intent Statements.

1.    Agriculture – “A.” The Agriculture District provides agricultural and related uses in a manner that preserves the natural and open character of land, where infrastructure and facilities supporting development will not be provided within a reasonable time.

2.    Residential Estates – “RE.” The Residential Estates District provides residential living on large lots in a suburban or semirural context. This district should include land that is remote from facilities and services that support development, or used in a limited manner to integrate large estate lots into a mixed neighborhood pattern at key locations.

3.    Single-Family Residential – “R-1.” The Single-Family Residential District provides residential living in a low-density neighborhood setting, with access to supporting uses such as schools, churches, parks and other public facilities which reinforce residential neighborhoods. This district should be used in the contemporary neighborhoods of the residential area plans, or in association with the planned zoning process or other complementary residential zoning districts to implement development patterns identified in the new growth areas.

4.    Two-Family Residential – “R-2.” The Two-Family Residential District provides residential living in a moderate-density residential setting, providing a mix of housing options at strategic locations in relation to complementary uses that support strong residential neighborhoods.

5.    Garden Apartment – “R-3.” The Garden Apartment District provides residential living in a high-density pattern as a transition between neighborhoods and more intense uses, where a high level of accessibility, public amenity and support services are immediately available.

6.    Mixed-Density Neighborhood – “R-4.” The Mixed-Density Neighborhood District provides a wide range of residential housing types in a compact, walkable neighborhood setting in close proximity to walkable destinations, and where a well-designed public realm integrates a variety of building types through a consistent neighborhood character. This district can also be used in a limited manner to integrate small-scale, multi-unit residential projects into a mixed-use environment.

7.    Apartment – “R-5.” The Apartment District provides for higher-density residential living at strategic locations where a concentration of housing near other support facilities and services improves basic residential quality of the area. This district can also be used in a limited manner to integrate higher-density residential projects into a mixed-use environment.

8.    Residential Manufactured and Mobile Home Planned District – “RM-P.” The Residential Manufactured and Mobile Home Planned District provides smaller format manufactured and mobile homes within a planned development that includes common amenities in a neighborhood or community setting that is compatible with the surrounding community. These are considered as a residential use and should be located in areas where services and amenities are available such as those found in conventional residential areas.

9.    Office – “C-O.” The Office District provides service and employment uses in a low- or moderate-intensity format that can be compatible with any adjoining residential districts or low-intensity uses.

10.    Neighborhood Business – “CO-A.” The Neighborhood Business District provides small-scale retail, service and employment uses in a compact and walkable format that are well-integrated with residential neighborhoods or other supporting uses.

11.    Central Business District – “C-1.” The Central Business District provides a broad range of retail, service, entertainment, employment and civic uses, and supporting accessory residential uses, in a compact and walkable format. Characterized by a high level of civic design that creates the vibrant heart of the City and a small-scale urban pattern that reinforces the historic focal point of the community.

12.    General Business – “C-2.” The General Business District provides retail, service and employment uses that do not require a central location or that are not easily integrated with supporting compatible uses. This district can also be used in a limited manner for specific uses that are not easily integrated into the compact pattern of neighborhood or mixed-use centers, but that can contribute to the overall vitality and mix of uses of these areas at strategic locations.

13.    Heavy Commercial – “C-3.” The Heavy Commercial District provides retail, service and employment uses at a scale, intensity or in a format that requires a high level of vehicle accessibility and visibility, and typically are not compatible with or easily integrated with other land uses or development patterns.

14.    Restricted Industrial – “M-1.” The Restricted Industrial District provides industrial uses which do not require intensive land coverage, generate large volumes of vehicular traffic, or create obnoxious sounds, glare, dust or odor, and which may be integrated in a limited manner with other supporting and compatible commercial uses.

15.    General Industrial – “M-2.” The General Industrial District provides industrial uses which are generally not compatible with residential and/or commercial activity due to the scale, operation, intensity or impacts of activities, or due to the high level of supporting access and infrastructure required of the business.

16.    Recreational – “REC.” The Recreation District provides public and private recreation activities which generally are conducted outdoors and require the use of large areas of land.

B.    Relationship to Comprehensive Plan. The Land Use and Development element of the Comprehensive Plan provides a general framework for applying the themes, policies and goals throughout the plan – it is not intended to predetermine specific land uses or zoning for individual parcels. The following table is a general guide showing the relationship of zoning districts to each other and to the land use categories of the Comprehensive Plan. It is intended to ensure compatibility and effective transitions among different zoning districts and allow creation of places where projects and zoning districts add up to a larger and greater whole as envisioned in the plan.

Table 5-1: Comprehensive Plan and Zoning Districts 

Future Land Use Category

Typically Applicable Zoning Districts

Agriculture/Rural Residential

A; RE; or application of “P” districts to these and other residential districts to promote open space and rural preservation.

Low Density Residential

RE; R-1; R-2; or application of “P” districts to these and other residential districts to promote open space and rural preservation; OR to develop more walkable neighborhoods with a mix of housing types and connection to walkable neighborhood centers.

Medium Density Residential

R-2, R-3, R-4; or small scale communities in RM-P; or application of “P” districts to these and other districts to develop more walkable neighborhoods with a mix of housing types and connection to walkable community centers.

High Density Residential

R-3, R-4, R-5, RM-P; or application of “P” districts to these and other districts to develop more walkable neighborhoods with a mix of housing types and connection to walkable community or regional centers.

Core Mixed Use

C-1, R-4; or application of “P” districts to make an integrated plan for a compact walkable downtown and surrounding neighborhood.

Community Mixed Use

C-O, CO-A, C-2; or application of “P” districts to allow commercial in more walkable center.

Community Commercial

C-O, CO-A; or application of “P” districts to allow commercial in more walkable center.

Regional Commercial

C-2, C-3, M-1; or application of “P” district to these districts to allow larger-scale master development or campus-type environments for large commercial or employment uses.

Commercial & Light Industrial

C-O, C-3, M-1; or application of “P” district to these districts to allow campus-type environments or better integration of industrial uses into surrounding patterns.

Heavy Commercial & Industrial

M-2; or application of “P” district to these districts to allow campus-type environments or better integration of industrial uses into surrounding patterns.

Open Space

REC; or designation as part of the Open and Civic Space System allowed in any other district.

Parks & Recreation

REC; or designation as part of the Open and Civic Space System allowed in any other district.

Public/Semi-Public

Any district that promotes the special purpose land uses that provide for broader community benefits.

Utility

Any district that promotes the special purpose land uses that provide for broader community benefits.

Nothing in this table or the plan would preclude the finding that a different application of the zoning districts is also consistent with the Land Use and Development element of the plan if the context of a specific application, and the goals, policies and strategies of the plan, support that finding.

C.    Development Standards. The Development Standards for each district are dependent on and specific to the range of building types enabled in each district in Chapter 17.07 GMC. Communication facilities for wireless services are subject to the location, building and design standards of Chapter 17.11 GMC. (Ord. 2584 § 1; Ord. 2546 § 1; Ord. 2518 § 2 (LDC § 5.01))

17.05.020 General Zoning Standards

A.    General Requirements. The following general requirements apply to all zoning districts, except where specifically noted otherwise in these regulations:

1.    All buildings, structures or land shall be used, constructed and occupied in conformance with the zoning district standards. This Code does not apply to any private agreement or covenant, except where the standards of this Code are more restrictive than any agreement or covenant.

2.    All required yards, setback areas or other open space shall remain unenclosed and open to the sky, except where specifically stated otherwise.

3.    Except as specifically provided in this Code, no lot may have more than one principal building. Specific exceptions include:

a.    Garden apartment complexes;

b.    Groupings of buildings permitted subject to the Building Type and Civic Space standards, such as permitted courtyard configurations; or

c.    Retail, service and employment, communications and utilities, transportation, or industrial buildings integrated into a complex under a single approved site plan or development plan.

4.    The use of land, buildings and structures within the City shall be subject to all other applicable provisions of the City of Gardner Municipal Code, and all other applicable local, state and federal regulations pertinent to the activity pursued, whether or not such provisions are specifically cross referenced in this Code. Proof of compliance with other applicable regulations may be required prior to a determination of approval under this Code.

B.    Exceptions to Development Standards. The regulations for height, setback and design of buildings and lots do not apply to the following situations:

1.    Architectural Screening Elements. Parapet walls, false mansards or other screening elements integrated into the design of the building may extend up to six feet above the roof deck, and extend beyond the otherwise permitted height. Screening elements for other permitted rooftop equipment may extend to the extent of the equipment, provided it is set back at least 10 feet from the building edge and otherwise located in a manner to limit views from streets and open or civic spaces.

2.    Accessory Building Elements. The following accessory elements may exceed the height limits, but may also be limited by any other screening, building design or site design limitations, or other supplemental standards:

a.    Flagpoles.

b.    Chimneys, finials, cupolas, domes, spires or other ornamental elements integral to the building type and architectural style.

c.    Cooling towers, bulkheads, storage towers or other mechanical or communication elements accessory to the building, provided they are screened from any view.

3.    Yard Encroachments. The following accessory elements of buildings may exceed the required setbacks:

a.    In residential districts, primary entrance features such as porticos, stoops, or unenclosed porches may extend up to 10 feet into the required front setback provided:

(1)    No encroachment shall be closer than five feet from the right-of-way.

(2)    Any roof structure associated with the features shall be single-story.

(3)    Any porch must include usable space, typically a depth of at least eight feet and a width of at least 12 feet.

(4)    Any enclosure is limited to no more than 24 square feet.

(5)    All primary entry features are integrated into the overall building design including materials, architectural style and details, and roof structures.

b.    In residential districts, unenclosed and unroofed decks or patios may extend into the rear or side setback up to 12 feet, but no closer than five feet to any side lot line and no closer to 20 feet to any rear lot line.

c.    In residential districts, ground-mounted mechanical equipment may be located in the side or rear setback; provided, that it extends no more than six feet from the principal building, no closer than three feet to the lot line, and is screened from public right-of-way by structures or landscape.

d.    Structural projections such as bay windows, balconies, chimneys, eaves, open fire escapes, egress wells or other nonfoundational overhangs or projections may extend up to four feet from the foundation and encroach into the setback, but no closer than five feet from any other portion of another structure or two feet from any lot line.

e.    In nonresidential districts, any lot used for commercial or industrial purposes, and where the rear lot abuts a railway right-of-way or rear railway connection, no rear setback is required.

C.    Accessory Buildings. Accessory buildings shall be permitted in association with and on the same lot as a principal building, and are subject to the following additional limitations.

1.    Generally. All accessory buildings shall be at least 10 feet from the principal building.

2.    Small Sheds. Accessory buildings 120 square feet or less and less than 10 feet tall shall be limited to one per lot, located behind the rear building line of the principal building, and be no closer than five feet from the rear or side property line.

3.    Detached Building. Accessory buildings over 120 square feet shall meet the following:

a.    No more than one per lot.

b.    Located behind the front building line.

c.    Be at least five feet from the rear or side lot line, except that any accessory building providing garage access off a rear alley may be located within three feet of the rear lot line.

d.    Be no more than one and one-half stories (25 feet), or no higher than the principal building, whichever is less.

e.    Shall not exceed 30 percent building coverage within the required rear yard, alone or in combination with other accessory buildings, except that any accessory building providing garage access off a rear alley shall not exceed 50 percent building coverage within the required rear yard, alone or in combination with other accessory buildings.

f.    Shall not exceed 250 square feet for each 3,000 square feet of lot area up to a maximum of 1,200 square feet.

g.    Be constructed with materials, architectural details and style, and roof forms that are compatible with the principal structure. Any accessory building larger than 120 square feet not meeting this criteria shall meet the setback requirements for the principal structure.

4.    A and RE District. In the A and RE districts, lots used primarily for residential purposes may have one additional accessory building up to 1,200 square feet and up to 20 feet high, provided it is located behind the rear building line and at least 10 feet from any lot line. However, any intended uses or activities of the accessory building may require greater setbacks subject to other use or performance standards.

5.    Agriculture Buildings. In the A district, accessory buildings for property used primarily for agriculture purposes are not limited by this Code. (Ord. 2550 § 1; Ord. 2546 § 1; Ord. 2518 § 2 (LDC § 5.02))

17.05.030 General Use Standards

A.    Permitted Uses. In order to implement the intent of each zoning district, facilitate complementary transitions between districts, and to regulate a variety of compatible uses within zoning districts, use categories and general uses have been established for principal uses of land and buildings. Table 5-2 indicates permitted uses (P) subject to general district and building type standards, permitted accessory uses (A) subject to specific accessory use standards, temporary uses (T) subject to limited permits, and conditional uses (C) subject to the discretionary review process in GMC 17.03.050. All uses may be subject to more specific standards, limitations and performance criteria as identified by an asterisk in Table 5-2 and in GMC 17.05.040, 17.05.050 and Chapter 17.11 GMC. Use categories, general uses and specific types of uses are more specifically described in subsection (B) of this section.

 

Table 5-2: Use Table 

 

Residential Districts

Nonresidential Districts

A

RE

R-1

R-2

R-3

R-4

R-5

RM-P

C-O

CO-A

C-1

C-2

C-3

M-1

M-2

REC

RESIDENTIAL DWELLINGS

Household Living

P

P

P

P

P

P

P

P

 

 

 

 

 

 

 

 

Multi-Unit Household Living

 

 

 

P*

P

P

P

 

P

P

P

 

 

 

 

 

Group Care Home (9 – 14 residents)

C*

C*

 

 

P*

P*

P*

 

 

 

 

 

 

 

 

 

Congregate Living

 

 

 

 

P

P

P

 

 

 

 

 

 

 

 

 

Manufactured/Mobile/Micro Home Community

 

 

 

 

 

 

 

P*

 

 

 

 

 

 

 

 

Mixed Use (apartment over commercial/service)

 

 

 

 

 

 

 

 

P

P

P

P

 

 

 

 

Live/Work

 

 

 

 

 

P

P

 

P

P

P

 

 

 

 

 

Accessory Dwelling

A*

A*

A*

A*

A*

A*

A*

 

 

 

 

 

 

 

 

 

Accessory Home Occupation

A*

A*

A*

A*

A*

A*

A*

A*

 

 

 

 

 

 

 

 

Accessory In-Home Day Care

A*

A*

A*

A*

A*

A*

A*

A*

 

 

 

 

 

 

 

 

CIVIC/INSTITUTIONAL

Assembly – Small

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

 

P*

Assembly – Large

 

 

 

 

 

C

C

 

C

C

C

P

P

P

 

P

Assembly – Event Venue

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

C

Cultural and Public Service

C

 

 

 

 

C

C

 

P

P

P

P

P

 

 

P

School – Neighborhood

P

P

P

P

P

P

P

 

P

P

 

P

P

 

 

P

School – Community

 

P

P

P

P

P

P

 

P

P

 

P

P

 

 

P

School – Regional

 

 

 

 

 

 

 

 

 

 

C

P

P

P

 

C

Cemetery/Mausoleum

P*

P*

P*

P*

P*

P*

P*

 

 

 

 

P*

P*

P*

 

P*

Open/Civic Space (see GMC 17.04.020, 17.08.020)

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Residential Care – Limited

 

 

 

 

P*

P*

P*

 

C*

C*

C*

P

P

 

 

 

Residential Care – General

 

 

 

 

 

P*

P*

 

C*

C*

C*

P

P

 

 

 

Residential Care – Institutional

 

 

 

 

 

 

C*

 

C*

 

 

C

P

 

 

 

Retail

Retail – Micro (under 1K)

A

A

 

 

 

 

 

 

P

P

P

P

P

P

 

A

Retail – Neighborhood (1K – 3K)

A

 

 

 

 

 

 

 

P

P

P

P

P

P

 

A

Retail – Small (3K – 6K)

 

 

 

 

 

 

 

 

 

P

P

P

P

P

 

 

Retail – General (6K – 20K)

 

 

 

 

 

 

 

 

 

 

P

P

P

P

 

 

Retail – Large (20K – 100K)

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

Retail – Warehouse (100K+)

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

Grocery – Market (under 10K)

 

 

 

 

 

 

 

 

 

P

P

P

P

 

 

 

Grocery – Store (10K – 45K)

 

 

 

 

 

 

 

 

 

C*

C*

P

P

 

 

 

Grocery – Supermarket (45K+)

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

 

Outdoor Sales – Limited

A*

A*

 

 

 

 

 

 

 

A*

A*

A*

A*

 

 

 

Outdoor Sales – General

 

 

 

 

 

 

 

 

 

 

 

P*

P*

P*

P*

 

Outdoor Sales – Heavy

 

 

 

 

 

 

 

 

 

 

 

C*

P*

P*

P*

 

Convenience Store/Fuel Station – Limited (1 – 4 pumps)

 

 

 

 

 

 

 

 

P*

P*

C*

P*

P*

P*

P*

 

Convenience Store/Fuel Station – General (5 – 12 pumps)

 

 

 

 

 

 

 

 

 

C*

 

P*

P*

P*

P*

 

Convenience Store/Fuel Station – Heavy (13+ pumps)

 

 

 

 

 

 

 

 

 

 

 

C*

P*

P*

P*

 

Service and Employment

Animal Care – Kennel

P*

 

 

 

 

 

 

 

 

 

 

A*

A*

P*

 

 

Animal Care – General

C

 

 

 

 

 

 

 

P

P

P

P

P

P

 

 

Animal Care – Large

C*

 

 

 

 

 

 

 

 

 

 

 

C*

P

 

 

Day Care Center

 

 

C*

C*

C*

C*

C*

 

P

P

P

P

P

P

 

 

Food and Beverage – Accessory Drive-Through

 

 

 

 

 

 

 

 

A*

 

A*

A*

A*

A*

 

 

Food and Beverage – Accessory Outdoor

 

 

 

 

 

 

 

 

A*

A*

A*

A*

A*

A*

 

A*

Food and Beverage – General

 

 

 

 

 

 

 

 

P

P*

P

P

P

P

 

A*

Food and Beverage – Heavy

 

 

 

 

 

 

 

 

P

 

C

P

P

P

 

 

Food and Beverage – Mobile/if Semi-Permanent/Permanent

T*

T*

T*

T*

T*

T*

T*

T*

T*

T*/C

T*/C

T*/C

T*/C

T*/C

T*/C

T*

Food and Beverage – Mobile Grouping

 

 

 

 

 

 

 

 

 

C

C

C

C

C

C

 

Funeral Home and Interment

 

 

 

 

 

 

 

 

P

P

P

 

 

 

 

 

Health Care – Small

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

 

Health Care – General

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

 

Health Care – Large

 

 

 

 

 

 

 

 

 

 

P

P

 

 

 

 

Lodging – Bed and Breakfast (up to 5 rooms)

C*

C*

C*

C*

C*

C*

C*

 

 

P

P

 

 

 

 

 

Lodging – Short-Term Rental of Detached House

 

C*

C*

C*

 

 

 

 

 

 

 

 

 

 

 

 

Lodging – Inn (up to 20 rooms)

 

 

 

 

 

 

 

 

P

P

P

P

P

 

 

 

Lodging – Small (up to 100 rooms)

 

 

 

 

 

 

 

 

P

 

P

P

P

 

 

 

Lodging – Large (more than 100 rooms)

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

 

Office – Limited (under 10K)

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

 

Office – General (10K – 40K)

 

 

 

 

 

 

 

 

P

C

C

P

P

P

 

 

Office – Large/Complex (40K+)

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

 

Pawn Shops/Short-Term Loan and Check Cashing

 

 

 

 

 

 

 

 

 

P

P

P

P

P

 

 

Personal Services – Limited (under 3K)

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

 

Personal Services – General (3K – 10K)

 

 

 

 

 

 

 

 

 

P

P

P

P

P

 

 

Personal Services – Heavy/Business Services (10K+)

 

 

 

 

 

 

 

 

 

 

 

P

P

P

P

 

Personal Storage – Indoor

 

 

 

 

 

 

 

 

C

 

 

P

P

P

 

 

Personal Storage – Outdoor

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

 

Recreation/Entertainment – Indoor Minor (under 10K)

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

P

Recreation/Entertainment – Indoor Major (10K+)

 

 

 

 

 

 

 

 

P

 

C

P

P

P

 

P

Recreation/Entertainment – Outdoor Minor

 

 

 

 

 

 

 

 

P

 

C

P

P

P

 

P

Recreation/Entertainment – Outdoor Major

 

 

 

 

 

 

 

 

 

 

C

C

P

 

 

P

Recreation – RV Park/Campground

C

 

 

 

 

 

 

 

 

 

 

P*

P*

 

 

P*

Temporary Use (See GMC 17.05.050(Y))

T*

 

 

 

 

 

 

 

T*

T*

T*

T*

T*

T*

T*

T*

Vehicle/Equipment Service and Repair – Limited

 

 

 

 

 

 

 

 

P

P

P

P

P

P

P

 

Vehicle/Equipment Service and Repair – General

 

 

 

 

 

 

 

 

 

 

 

C

P

P

P

 

Vehicle/Equipment Service and Repair – Heavy

 

 

 

 

 

 

 

 

 

 

 

 

C

P

P

 

INDUSTRIAL

Manufacturing – Limited/Artisan

 

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Manufacturing – Light

 

 

 

 

 

 

 

 

 

 

 

C

P

P

P

 

Manufacturing – General

 

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Manufacturing – Heavy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Freight and Distribution – Light

 

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Freight and Distribution – Heavy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Commercial Storage – Indoor

 

 

 

 

 

 

 

 

C

 

 

P

P

P

P

 

Commercial Storage – Outdoor Minor

 

 

 

 

 

 

 

 

 

 

 

 

P*

P*

P*

 

Commercial Storage – Outdoor Major

 

 

 

 

 

 

 

 

 

 

 

 

 

P*

P*

 

Extractive Industry/Natural Resource Processing

C*

 

 

 

 

 

 

 

 

 

 

 

 

 

C*

 

Landfill and Waste Processing Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C*

 

AGRICULTURE

Agri-Tourism

P

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agriculture – Light Processing

A

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Agriculture – Heavy Processing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Farming – Light

P

A

A

A

A

A

A

A

 

 

 

 

 

 

 

P

Farming – Commercial

P*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Farming – Homestead

A

A*

A*

A*

 

 

 

 

 

 

 

 

 

 

 

 

Riding Stables

P

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS AND UTILITIES

Small cell and distributed antenna systems mounted or collocated on monopoles, utility poles, or street lights in the public rights-of-way

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

Communication facilities designed as an architecturally compatible element mounted or collocated on nonresidential buildings

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

Communication facilities designed as an architecturally compatible element mounted or collocated on mixed use or live/work buildings

 

 

 

 

 

A*

A*

 

A*

A*

A*

 

 

 

 

 

New tower (not in the public rights-of-way)

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

Modification of an existing tower or base station that does not incur a substantial change to the tower or base station or that otherwise qualifies as an eligible facilities request

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

Wind Energy Conversion System – Small

C*

C*

 

 

 

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

Wind Energy Conversion System – Large

C*

 

 

 

 

 

 

 

 

 

 

 

 

 

C*

C*

Solar Collector – Roof Mounted

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

Solar Collector – Ground Mounted

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

Public Utility Facility – Minor

C*

C*

C*

C*

C*

C*

C*

C*

P*

P*

P*

P*

P*

P*

P*

 

Public Utility Facility – Major

C*

 

 

 

 

 

 

 

C*

C*

C*

C*

C*

C*

C*

 

Aviation Facilities

C*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signs, Ancillary (See Sign Standards)

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Signs, Principal Use (See Sign Standards)

 

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

B.    Description of Uses. This subsection contains general descriptions associated with the use of land and buildings organized by categories and types, and enabled by zoning districts in Table 5-2. Where a proposed use is not generally listed or appears to meet the description of more than one use type, the Director shall make an interpretation on the most relatively equivalent described use considering (1) the similarity of the use in terms of scale, impact and operations to other described uses; (2) the typical building formats and site designs associated with the use from existing examples; and (3) the potential contribution of the use and typical formats to the intent of the zoning district. Any use that may not be interpreted as relatively equivalent to a use described in this section or the use table is not anticipated by these regulations and may only be allowed by a text amendment.

1.    Residential Dwellings. The Residential Dwelling category is the principal use of land and buildings for dwelling units. The arrangement and extent of dwelling units depends on the zoning district, lot sizes and building types, arranged in the following types:

a.    Household Living. Detached dwelling units in buildings designed and used for one household in a single, principal structure. For the purpose of this use, “household” includes up to eight disabled individuals with up to two resident caregivers living as a group in a single dwelling, as defined by K.S.A. 12-736.

b.    Multi-Unit Household Living. Buildings with two or more dwelling units, dependent on specific building types permitted in each district, where each is designed for occupancy by one household.

c.    Group Care Home (Nine to 14 Residents). A single-unit residential building designed as a detached house but occupied by nine to 14 disabled residents as defined by K.S.A. 12-736, or other residents with common special needs, and up to two resident caregivers living as a group in a single home.

d.    Congregate Living. Congregate living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of “one household,” but often share a common situation or facilities. Does not include residential care facilities or correctional facilities.

e.    Manufactured/Mobile/Micro Home Community. A parcel of land planned and designed for multiple home sites for the placement of manufactured, mobile or other small homes, and used for the principal dwelling of households for long-term residency. Home sites may either be located on a single lot, owned through appropriate condominium procedures, or platted for individual ownership of each site under certain conditions.

f.    Mixed Use (Apartment over Commercial/Service). A residential use in a building designed primarily for street level retail, service or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.

g.    Accessory Dwelling. A dwelling unit, either in a detached accessory structure, or included within a principal structure, that is located on the same lot as a detached house and is incidental to the principal use of the lot for a principal dwelling. Examples include a garage apartment, basement apartment or second level/attic apartment.

h.    Accessory Home Occupation. A business, profession, service, or trade conducted for gain or support entirely within an owner occupied residential dwelling and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers.

i.    Live/Work. A residential building type designed with a single dwelling unit, but where an additional component of the structure is designed for a small-scale business function run by the occupant. Live/work units can either be detached structures or attached with common party walls with other live/work units similar to the row house configuration.

2.    Civic/Institutional. The Civic/Institutional category is the use of land and buildings to serve public or community interest by enhancing the daily cultural, social, or recreation needs for residents and neighborhoods, whether by way of open and public citizenship, by property ownership or residency, or by membership affiliation. It includes the following types:

a.    Assembly – Small. Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 600 people at maximum occupancy. Examples include a neighborhood association club house, meeting hall, or small religious facility.

b.    Assembly – Large. Places of public assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for 600 to 1,200 people. Examples include a community center, small event hall or large religious facility.

c.    Assembly – Event Venue. Places of public assembly designed and located to serve community or civic needs of the City or region and typically designed for 1,200 or more. Examples include an auditorium, large event hall or major worship hall.

d.    Cultural and Public Service. A civic use offering education, arts and cultural materials or attractions for the general public, including exhibits and events; or offering administrative, social, tourism, or charitable services to the general public. Examples include museums, libraries, charitable or philanthropic centers, tourist information centers, and similar uses.

e.    School – Neighborhood. A small public or private institution for primary or secondary education and typically serving up to 600 students, primarily targeted to neighborhoods within one mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type.

f.    School – Community. A large public or private institution for primary or secondary education and typically serving more than 600 students and targeted to the broad vicinity, including neighborhoods beyond one mile.

g.    School – Regional. A public or private institution for post-secondary education, skills and trade instruction or job training, targeted to the region. Examples include colleges, universities, and vocational/technical schools.

h.    Cemetery/Mausoleum. Land or building used for the burial of the deceased and dedicated for interment purposes, including both humans and animals.

i.    Open/Civic Space. Areas preserved as primarily open land, except for accessory structures, and designed to serve a specific urban design function for natural, ecological, aesthetic, recreational or formal gathering purposes. (See GMC 17.04.020 and 17.08.020 for more specific types.)

j.    Residential Care – Limited. A facility providing residential living, social programs and limited health care services for residents, where the social and healthcare services are accessory to the building(s) and site design emphasizing household living, where the social programs and health care services are limited accessory elements in terms of the function and extent, and where dedicated staff are present primarily during normal business hours. Examples include retirement village, independent living or assisted living communities.

k.    Residential Care – General. A facility providing long-term care, health services and residency, that admits residents on medical referral, and where medical, behavioral and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, hospice homes, or other similar care facilities.

l.    Residential Care – Institutional. A facility offering short- or long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function, secondary to the residential accommodations. Examples include treatment centers, homeless shelters, or other facilities with a high intensity of care or supervision.

3.    Retail. The Retail category is the use of land and buildings for the sale, lease or rental of products to the general public with frequent interaction of patrons or consumers on premises. The types of uses in this category are dependent on the size of gross leasable area per tenancy, where the smaller formats (Micro, Neighborhood and Small) are typically dependent on a target market of consumers within the neighborhood or one mile area, and where the larger formats (General, Large and Warehouse) are typically dependent on a target market beyond the one-mile area.

a.    Retail – Micro (under 1K). A small-scale retail use under 1,000 square feet.

b.    Retail – Neighborhood (1K – 3K). A small-scale retail use at least 1,000 but less than 3,000 square feet.

c.    Retail – Small (3K – 6K). A small-scale retail use at least 3,000 but less than 6,000 square feet.

d.    Retail – General (6K – 20K). A retail use at least 6,000 but less than 20,000 square feet.

e.    Retail – Large (20K – 100K). A large-scale retail use at least 20,000 but less than 100,000 square feet.

f.    Retail – Warehouse (100K+). A large-scale retail use at least 100,000 square feet.

g.    Grocery – Market (under 10K). A retail use selling food and produce or specialty food products for household consumption in a small-scale format under 10,000 square feet. Examples include a corner market, butcher shop, produce stand or similar food store.

h.    Grocery – Store (10K – 45K). A retail use selling food, produce and other household products for household consumption in a small-scale format at least 10,000 but less than 45,000 square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.

i.    Grocery – Supermarket (45K+). A retail use selling food, produce and household products for household consumption in a large-scale format, at least 45,000 square feet. Examples include a large format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

j.    Outdoor Sales – Limited. A retail use involving the limited accessory display of merchandise on a sidewalk adjacent to an otherwise permitted nonresidential use. Examples include an ice machine, propane tank rentals, movie rentals, newspaper dispensers, etc.

k.    Outdoor Sales – General. A retail use where the primary business is associated with merchandise that can only be displayed permanently and year-round out of doors, or where the primary business maintains a permanent outdoor display area for rotations of seasonal merchandise to be displayed outdoors. Examples include a small-scale nursery, a lumber yard, farm store, or small machine or equipment sales or rental.

l.    Outdoor Sales – Heavy. A retail use where the primary business is associated with large-scale equipment and merchandise that can only be displayed permanently and year-round out of doors. Examples include a lot or yard for sales or rentals of motor vehicles, large equipment, boats or recreational vehicles, large machines or farm implements.

m.    Convenience Store/Fuel Station – Limited (One to Four Fueling Stations). A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than four fueling stations and no more than three garage service bays. Examples include a small, neighborhood gas and service station.

n.    Convenience Store/Fuel Station – General (Five to 12 Fueling Stations). A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than 12 fueling stations and no more than four garage service bays. Examples include a small convenience center or large gas station.

o.    Convenience Store/Fuel Station – Heavy (13+ Fueling Stations). A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use may include 13 or more fueling stations. Examples include large convenience stores, gas stations or truck stops and travel centers.

4.    Service and Employment. The Service and Employment category is the use of land and buildings for businesses engaged in the exchange of professional and individual services. It includes the following types:

a.    Animal Care – Kennel. A service use for the boarding of animals, where there are outside areas or facilities where more than four dogs are kept for purposes of breeding, boarding, or care.

b.    Animal Care – General. A service use offering basic care for animals in an indoor setting, and which may include services offered outside of normal business hours. Examples include a small veterinary office, grooming service, animal hospital or rehabilitation facility.

c.    Animal Care – Large. A service use offering full care for animals with activities taking place in large-scale indoor and/or outdoor facilities, and which may include services offered outside of normal business hours. Examples include large animal hospitals, kennels, animal adoption agencies or other similar facilities.

d.    Day Care Center. A service use providing recreation, education and supervisory services for children or adults on a regular basis away from their primary residence, not including schools, in-home day care, or residential care facilities.

e.    Food and Beverage – Accessory Drive-Through. A portion of a facility that relates to dispensing products or services to patrons who remain in vehicles. May include a window, driving lane, outside menu boards, and other interior or exterior features and equipment dedicated for this purpose.

f.    Food and Beverage – Accessory Outdoor. A porch, patio, deck or other area of land used for seated dining which is not within the interior building walls of a restaurant or eatery.

g.    Food and Beverage – General. A service use that prepares and sells food and beverages for on-premises consumption, and may include accessory off-premises consumption through carry-out or drive-through services, and may also include on-premises consumption of alcoholic beverages and/or accessory indoor entertainment.

h.    Food and Beverage – Heavy. A service use that prepares and sells food and beverages for on-premises consumption, but where alcohol sales are a majority of the sales and food services are subordinate to this function, or where entertainment events by tickets or cover charge, or other significant attractions are held during nighttime or evening business.

i.    Food and Beverage – Mobile. A service use that utilizes any motorized or nonmotorized vehicle, trailer, or other device/structure designed to be portable, for preparing and selling food and/or beverages for on- or off-premises consumption. Such mobile vehicle, trailer or other device/structure shall not be permanently attached to the ground nor attached to any public or private electrical service; public or private gas service; public or private sewerage facility; or public or private water source. Any mobile food and beverage use that is permanently attached to the ground or attached to any public or private utility shall be considered a permanent use of the property and would be considered a Food and Beverage – General or Heavy use of the property per the applicable definition subject to meeting the applicable building and zoning regulations as well as making site improvements that would apply to a permanent food and beverage use per the applicable definition(s) as determined through the Conditional Use Permit process, unless associated with an approved temporary special event or community sponsored activity.

j.    Food and Beverage – Mobile Grouping. A service use which includes more than one motorized or nonmotorized vehicle, trailer, or other device/structure designed to be portable, for preparing and selling food and/or beverages for on- or off-premises consumption. Such groupings shall be considered a permanent use of property and would be considered Food and Beverage – General or Heavy use of the property per the applicable definition and subject to meeting all applicable building and zoning regulations as well as making site improvements that would apply to a permanent food and beverage use per the applicable definition(s) as determined through the Conditional Use Permit process, unless associated with an approved temporary special event or community sponsored activity.

k.    Funeral Home and Interment. A service use accommodating preparation and ceremony for the burial of the deceased.

l.    Health Care – Small. A facility where a small group of physicians, dentists or other health care professionals offer limited medical services in an office setting during normal business hours.

m.    Health Care – General. A facility where multiple groups of physicians, dentists or other health care professionals offer a range of services in a shared office setting primarily during normal business hours.

n.    Health Care – Large. A large institution offering full-service, 24-hour, in-patient, out-patient and emergency health care services, including a wide range of accessory office, cafeteria and other uses that support the institutional setting.

o.    Lodging. A service use by a licensed (where applicable) business providing accommodations for short-term overnight occupancy. This use type is broken into the following sub-classes based on scale and intensity:

p.    Lodging – Bed and Breakfast (up to Five Rooms). A lodging use in a residential building type that has up to five guest rooms and a resident manager for accessory meals, operations and cleaning services.

q.    Lodging – Short-Term Rental of Detached House. A lodging use in a residential building type where the dwelling is rented or sold for any term less than 30 consecutive days.

r.    Lodging – Inn (up to 20 Rooms). A lodging use in a small commercial building that accommodates up to 20 rooms which may include limited accessory services such as a small restaurant or lounge.

s.    Lodging – Small (up to 100 Rooms). A lodging use in a large commercial building or complex that accommodates up to 100 guest rooms, and may include accessory restaurant, lounge, or meeting room facilities.

t.    Lodging – Large (More Than 100 Rooms). A lodging use in a large commercial building or complex designed for more than 100 guest rooms, as well as associated restaurant, event and conference services.

u.    Office. An employment use focusing on the administrative and management aspects of business or professional services, typically do not have a high rate of exchange with general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following sub-classes based on scale and intensity:

v.    Office – Limited (under 10K). An office use where the total gross leasable area is less than 10,000 square feet.

w.    Office – General (10K – 40K). An office use where the total gross leasable area is at least 10,000 but less than 40,000 square feet, and may include more than one building.

x.    Office – Large/Complex (40K+). An office use where the total gross leasable area is at least 40,000 square feet, or involves more than one building in a complex.

y.    Pawn Shops/Short-Term Loan and Check Cashing. A service use engaged in the business of lending money on the security of pledged goods, purchasing goods on the condition that they may be repurchased, or offering loans for periods of 30 days or less intended to coincide with a period of one or more paydays of the borrower.

z.    Personal Services. A service use providing professional or individual services and where frequent interaction with the general public, consumers or patrons occurs on the premises. This use type is broken into the following sub-classes based on scale and intensity:

aa.    Personal Services – Limited (under 3K). A personal service use where the gross leasable area is under 3,000 square feet. Examples include a neighborhood barber shop or hair salon, a small professional office (lawyer, accountant, or travel agent), small bank, dry cleaners or tailor.

bb.    Personal Services – General (3K – 10K). A service use where the gross leasable area is at least 3,000 and less than 10,000 square feet. Examples include a large spa or beauty complex, tattoo shop, a copy center, large post office or mail center, or laundromat.

cc.    Personal Services – Heavy/Business Services (10K+). A service use where the gross leasable area is 10,000 square feet or more. Examples include a large bank, equipment repair shop, or other service for consumers or other businesses that requires larger spaces.

dd.    Personal Storage – Indoor. A service use where individual units accessed from inside of a building are offered for rent or lease for the storage of personal property.

ee.    Personal Storage – Outdoor. A service use where individual units accessed from outside of a building are offered for rent or lease for the storage of personal property.

ff.    Recreation/Entertainment – Indoor. A service use providing daily or regularly scheduled activities for entertainment, instruction or exercise inside a building and open to the general public or through membership. This use type is broken into the following sub-classes based on scale and intensity:

gg.    Recreation/Entertainment – Indoor Minor (under 10K). Indoor recreation that involves a building less than 10,000 square feet. Examples include a small bowling alley, fitness club, billiard hall, martial arts center, yoga studio, or dance studio.

hh.    Recreation/Entertainment – Indoor Major (10K+). Indoor recreation that involves a building 10,000 square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, or shooting range.

ii.    Recreation/Entertainment – Outdoor. A service use providing daily or regularly scheduled activities for entertainment, recreation or exercise outside and open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into Major and Minor based on the scale and intensity of the use.

jj.    Recreation/Entertainment – Outdoor Minor. Examples include driving range, miniature golf, golf course, swimming pool, tennis, batting cage, small band shell or amphitheater.

kk.    Recreation/Entertainment – Outdoor Major. Examples include theme park, water park, fairground, zoo, drive-in theater, shooting range, skeet and trap range, racetrack.

ll.    Recreation – RV Park/Campground. A service use providing overnight accommodations within a large open area for recreational purposes.

mm.    Temporary Use. A use established for a limited and fixed period of time, and upon its discontinuance no structures, facilities or other impacts on the site remain and the site is otherwise restored to its preuse condition. Examples include short-term events such as festivals, carnivals, or art exhibits; seasonal sales such as farm produce, Christmas tree stands, or pumpkin sales; general merchandise outdoor sales stands such as flower stands, arts and crafts sales, or other general merchandise.

nn.    Vehicle/Equipment Service and Repair – Limited. A service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small-scale operations that involve no more than three vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation.

oo.    Vehicle/Equipment Service and Repair – General. A service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, which involves four or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation or an auto body shop where the likelihood of overnight storage, outdoor storage and overnight or multiday drop off is more likely.

pp.    Vehicle/Equipment Service and Repair – Heavy. A service use engaged in the maintenance and repair of motor vehicles, commercial vehicles or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multi-bay garages or warehouses are needed to conduct services.

5.    Industrial. The Industrial category is the use of land and buildings engaged in the production, processing, storage or distribution of goods with potential impacts beyond the site due to the types of activities, the physical needs of the site or facility, the types of materials used, or the delivery and access operations, and which in typical formats and operations may not be compatible with other business uses. It includes the following types:

a.    Manufacturing – Limited/Artisan. A small-scale industrial use where activities produce little or no byproducts such as smoke, odor, dust or noise discernible from outside of the building, where deliveries and distributions are made by general consumer delivery services requiring no special large truck access, and where products are made available to the general public. Uses typically occupy buildings or spaces under 10,000 square feet of gross leasable area. Examples include an artist’s studio, small wood or metal shop, craft manufacturing, small bakery or microbrewery, or other similar small-scale assembly of finished products.

b.    Manufacturing – Light. An industrial use where little or no byproducts such as smoke, odor, dust or noise are discernable from outside of the building, and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, nonretail laundry services, or similar businesses that provide products for support of other businesses.

c.    Manufacturing – General. An industrial use where byproducts such as noise, dust, smoke or odor are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories or other similar high-intensity manufacturing or distribution operations.

d.    Manufacturing – Heavy. An industrial use capable of producing significant byproducts such as noise, dust, smoke or odor beyond the building or site, or where hazardous materials may be stored, used or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing or other heavy or hazardous manufacturing operations.

e.    Freight and Distribution – Light. An industrial logistics use involved in the storage, order processing and distribution of consumer products where all operations occur indoors, and where delivery and distribution occur through commercial truck access. Examples include distribution centers, warehouses, moving and storage operations, cold storage, parcel services and similar uses.

f.    Freight and Distribution – Heavy. An industrial logistics use involved in the storage, order processing and distribution of business products or raw materials where operations may involve outdoor activities, and where delivery and distribution occur through large truck, freight or heavy equipment access. Examples include freight terminals, fleet vehicle terminals, bulk material storage and distribution, cargo container facilities, and similar uses.

g.    Commercial Storage – Indoor. Storage of consumer products or small-scale commercial products inside a building. Examples include mini-warehouses where all storage areas including those leased or rented to individual customers are accessed from inside the principal building.

h.    Commercial Storage – Outdoor Minor. Storage of consumer products or small-scale commercial equipment which may be associated with a wholesale, service or industrial use on an outdoor lot. Examples include a contractor’s yard or similar small-scale storage lot or facility.

i.    Commercial Storage – Outdoor Major. Storage of commercial products or large-scale machinery which may be associated with a wholesale, service or industrial use on an outdoor lot. Examples include boat or RV storage, towing service storage yard, or similar large-scale storage lot or facility.

j.    Extractive Industry/Natural Resource Processing. The growth, harvesting, and preparation of byproducts of land (other than agriculture) for distribution and sale as a raw material in some other manufacturing process, where the growth and harvesting involves outdoor machinery operation or outdoor storage. Examples include a quarry, mining operation, oil or gas well, or wood storage yard.

k.    Landfill and Waste Processing Facility. An area dedicated to the storage, processing, treatment and distribution of waste products. Examples include scrap or salvage yards, transfer stations, and other similar uses.

6.    Agriculture. The Agriculture category is for the use of land and buildings in the production of food, fiber or raw materials raised and harvested on large land areas in a rural or open setting.

a.    Agri-Tourism. The accessory use of a commercial farm for special events or retail activities in typical agricultural structures or settings.

b.    Agriculture – Light Processing. The storage, processing and distribution of farm products produced on-site where only small-scale facilities are necessary.

c.    Agriculture – Heavy Processing. The aggregation, storage, processing and distribution of farm products. Examples include grain elevators, livestock auction yard, stockyard or rendering plant.

d.    Farming – Light. The primary use of land for small-scale production of field crops or horticulture for food, where only small-scale accessory storage facilities and light machinery are necessary. Examples include a community garden, greenhouse, or other small productive edible landscape area.

e.    Farming – Commercial. The primary use of land for commercial production of field crops for food or raw materials in other agriculture operations; the raising or breeding of livestock, poultry, fish or other animals for food or use of their byproducts in agriculture operations; plant production such as nursery, orchard, vineyard.

f.    Farming – Homestead. The accessory use of residential property for the production of crops or horticulture for food, and which may include the limited keeping of animals, where the principal residence of the owner or operator is on the premises and where the activities and equipment used results in impacts similar to typical residential activities.

g.    Riding Stables. A facility for the boarding and riding of horses, including either general commercial and recreational purposes, or private purposes for horse owners.

7.    Communications and Utilities. The Communications and Utilities category is for buildings, structures, or other physical improvements that provide essential public services or support the communication/distribution of information.

a.    Communication Facilities for Wireless Services. Any structure or device used to collect or transmit electromagnetic waves for the provision of commercial wireless services, including all accessory equipment, facilities and support structures, and including all buildings used as a support structure. Such services include specialized mobile radio (SMR), personal communications services (PCS), commercial satellite services, microwave services, radio, television, and any commercial wireless service not licensed by the Federal Communications Commission. For more specific definitions and applicable site, development, building and design standards, see Chapter 17.11 GMC.

b.    Wind Energy Conversion System – Small. Any structure or mechanical equipment used to collect, store and transmit energy from wind that is comparable in height and generally accessory to the buildings and site, including all accessory equipment.

c.    Wind Energy Conversion System – Large. Any structure or mechanical equipment used to collect, store and transmit energy from wind that is large-scale and intended for production and use of energy other than on the specific site, including all accessory equipment.

d.    Solar Collector. Any structure, mechanical equipment, or building material used to collect, store or transmit energy from sunlight, including all accessory equipment.

e.    Public Utility Facility – Minor. Utility services of a local nature, including electrical switching facilities and substations, water tanks, and similar facilities to provide the local area with electricity, water, and other utility services. May include Office – Limited in districts where that use is permitted as indicated in Table 5-2.

f.    Public Utility Facility – Major. Utility services of a regional nature, including generating plants, electrical switching facilities and primary substations, water and wastewater treatment plants, and similar facilities to provide the general public with electricity, natural gas, steam, water, sewage collection, or other similar service. May include General Office or Large Office where those uses are permitted as indicated in Table 5-2.

g.    Aviation Facilities. Any area of land or water designed, set aside, or used for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft or other accessory airport activities.

h.    Signs, Ancillary. Signs associated and supporting a principal or another accessory use located on the same property.

i.    Signs, Principal Use. Signs that are not associated with another principal or accessory use located on the same property. (Ord. 2757 § 1; Ord. 2722 § 2; Ord. 2695 § 11; Ord. 2650 § 1; Ord. 2584 § 1; Ord. 2550 § 1; Ord. 2546 § 1; Ord. 2518 § 2 (LDC § 5.03))

17.05.040 Accessory Uses

Accessory uses are clearly incidental to and customarily associated with an otherwise permitted or conditionally allowed use, and generally do not need any specific enabling or development standards, other than the generally applicable standards. Examples include gardens, play equipment, pools, and amateur radio and receive-only antennas and small satellite dishes. The following accessory uses may be customarily incidental to otherwise permitted uses in the district, provided they meet the following additional limitations, performance standards and design criteria (such standards for accessory facilities associated with Communication Facilities for Wireless Services are contained within Chapter 17.11 GMC).

A.    Generally. All principal uses shall include accessory uses and structures that are clearly incidental to and customarily associated with the principal use. These uses and structures shall:

1.    Be compatible with the general character of the area and comparable to uses of other property in the vicinity.

2.    Not be constructed, maintained or conducted in a way that produces noise, vibration, noxious odor or material, any visible light, glare or other visible impacts that are harmful, damaging or disturbing to the adjacent property.

3.    Be conducted in a way that is consistent with the intent and objectives of all other standards applicable to the property.

B.    Accessory In-Home Day Care. Where in-home day care services for children are permitted as an accessory use to a residence subject to additional standards (as indicated in Table 5-2), the use shall be approved by the Director of Community Development or designee after being found to be in accordance with the following standards:

1.    The day care provider shall provide evidence of any applicable license, certification or registration required by a state or federal agency.

2.    The primary day care provider shall reside on the premises.

3.    Outdoor play areas shall be fenced. Outdoor play shall only occur between the hours of 8:00 a.m. and 9:00 p.m.

4.    No traffic shall be generated by any day care operation in substantially greater volume than would normally be expected in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation. If parking for a day care operation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the operation shall be considered best permitted according to applicable regulations as a day care center.

5.    Permits. There is hereby levied an in-home day care permit fee. Said permit fee shall be set by the Governing Body by resolution.

C.    Accessory Home Occupation. Where home occupations are permitted as an accessory use to a residence subject to additional standards (as indicated in Table 5-2), the use shall be approved by the Director of Community Development or designee upon review of a plot plan, site plan and/or floor plan in accordance with the following standards:

1.    Home occupations shall be entirely contained within the interior of a structure. A home occupation shall use no more than 20 percent of the total dwelling unit floor area.

2.    No visible evidence of the business shall be apparent from the street or surrounding area. Signage shall be permitted per the requirements of Chapter 17.10 GMC. There shall be no outdoor storage or display of products, equipment, or merchandise other than of a type and quantity characteristically found at a single residential dwelling. The appearance of a dwelling shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation.

3.    The following uses are prohibited as home occupations in all districts:

a.    Food and beverage service;

b.    Retail operations (does not include mail order businesses);

c.    Vehicle/equipment service and repair (including parts) or machine shop;

d.    Gymnastics, dance, or recording studios and similar uses;

e.    Mortuaries.

4.    No traffic shall be generated by any home occupation in substantially greater volume than would normally be expected in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best handled in a commercial district rather than as a home occupation.

5.    No more than six clients or two employees shall visit per day, and only between 8:00 a.m. and 8:00 p.m.

6.    A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration, glare or bright lighting which would be over and above that created by a single residential dwelling. The production, dumping, or storage of combustible or toxic substances shall not be permitted on-site; and no materials which are radioactive, poisonous, or corrosive shall be discharged into any sewer, drainage way, water body, or the ground. Additionally, a home occupation shall not cause electrical or communications interference. If any home occupation presents a safety hazard to the public or adjacent or nearby properties, it shall be rendered safe upon notice or terminated.

7.    The application shall include a signed affidavit from the business owner/resident pledging continued compliance with all standards.

8.    The owner/operator shall provide evidence of any applicable license, certification or registration required by a local, state, or federal agency.

D.    Accessory Dwelling. Where accessory dwellings are permitted as an accessory use to a residence subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    One accessory dwelling may be permitted per lot, only when associated with a detached house.

2.    The following are possible configurations for accessory dwelling units, provided the applicable parking requirements of Chapter 17.09 GMC are met:

a.    Converting an existing area within a detached house (attic, basement, or attached garage); or

b.    Converting an existing detached garage; or

c.    Adding floor area to an existing detached house; or

d.    Constructing a new detached structure.

3.    The building footprint of the accessory dwelling shall not exceed 40 percent of the building footprint of the principal dwelling, or one-third of the living area of the principal dwelling, whichever is less.

4.    The owner shall reside in either the principal or accessory dwelling.

5.    Home occupations are permitted only by conditional use permit on lots containing an accessory dwelling.

6.    The following additional design considerations apply to accessory dwellings:

a.    A separate entrance to the accessory dwelling is not permitted on the front facade of the principal dwelling.

b.    The accessory dwelling shall have a roof pitch, siding, and window proportions similar to that of the principal dwelling.

c.    No exterior stairway to the second floor is permitted at the front of the building.

7.    The accessory dwelling shall be connected to the central water and wastewater system of the principal dwelling.

8.    An administrative site plan shall be required, in addition to any other specific review required by any applicable regulations.

E.    Food and Beverage – Accessory Drive-Through. Where accessory drive-through facilities are permitted, all of the following standards shall be met:

1.    The service area shall use the same entrance and exit from the site as the principal use.

2.    No access shall be provided on any street designed to the activity street standards in Chapter 17.04 GMC. Use of alleys, internal access and the back sides of buildings for drive-through services is required to preserve the urban design context of these areas.

3.    Service areas and windows shall be located on the most remote wall possible, considering adjacencies to public streetscapes, residential property or other sensitive land use and urban design characteristics of the context. Additional screening or buffers may be required beyond the standards of GMC 17.08.040 in order to ensure compatibility.

4.    Providing drive-through service areas shall not be used as a justification to modify any building design standard in Chapter 17.07 GMC.

5.    Circulation, stacking and other access issues shall be designed in a manner that has the least impact on pedestrians entering the principal building both from public streets and from internal streets or parking areas. Design elements such as raised crosswalks or other elements that distinguish walkways from vehicle surfaces may be required to express pedestrian priority where conflicts occur.

6.    Signs, service windows or other noise or lighting elements shall not be visible or audible from the public right-of-way or adjacent residential property. Additional screening or buffers may be required beyond the standards of GMC 17.08.040.

7.    Any drive-through service area that does not clearly meet these criteria shall only be permitted by a conditional use permit.

F.    Food and Beverage – Accessory Outdoor. Where accessory outdoor food and beverage uses are permitted, the use shall be approved by the Director of Community Development or designee upon review of a plot plan in accordance with the following standards:

1.    Applicant shall submit a plan showing the layout and arrangement of the proposed outdoor eating/service area, including overall dimensions, aisle widths, access to the adjacent building, and the locations, dimensions and descriptions of related furniture or other objects to be included in the area. The plan shall also show the location of public infrastructure located within the area and within 20 feet of the area boundaries, such as streets, sidewalks, tree wells, benches, etc.

2.    Shall be located adjacent to a portion of a building occupied at street level by a food or beverage establishment having the same operator, and having all applicable permits.

3.    Shall contain appropriate waste receptacles on-site and all litter, debris, and other waste attributable to the use shall be removed on a daily basis.

4.    The owner/operator shall provide evidence of any applicable license, certification or registration required by a local, state, or federal agency.

5.    If the outdoor food and beverage service area is proposed to be located within the right-of-way, a right-of-way permit is required.

6.    Pedestrian passageways to exit the service area shall not be less than five feet in width, and shall be unobstructed by any objects.

7.    Any barriers, railings and furnishings shall complement the style, design, and color of the associated building and meet the intent of the applicable design standards.

8.    Signs shall be permitted according to Chapter 17.10 GMC.

9.    Televisions or other electronic audio or visual devices or means of producing amplified sound shall not be permitted within an outdoor food and beverage service area that is within 100 feet of a residential use or district.

10.    All moveable objects shall be removed from a public sidewalk daily at close of business.

G.    Farming – Homestead. Where homestead farming is permitted as an accessory use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Animal Keeping. Honeybees and domestic animals other than typical household pets are permitted as follows:

a.    Any size animal on lots three acres or more in size, in accordance with the following standards:

(1)    Number. No more than one horse or cow per one acre, one pig or goat per one-half acre, one sheep per one-quarter acre, and one fowl or poultry per 0.02 acre calculated in combination.

(2)    Enclosures. Any building or enclosure for compact confinement which results in lack of vegetation, or any accumulation of animal refuse, shall be located at least 100 feet from any property boundary; provided, however, that this setback distance may be reduced as approved by the Director of Community Development or designee if the property is adjacent to an agricultural, commercial or industrial district.

(3)    Vegetation. Except for compact confinement areas as above, animal grazing shall be rotated so that continuous vegetation is maintained at all times.

b.    Only small animals such as rabbits, chickens or other animals of similar size and characteristics (not to include honeybees) on lots less than three acres in size, as approved by the Director of Community Development or designee upon review of a plot plan or site plan in accordance with the following standards:

(1)    Number. No more than one small animal per 1,000 square feet of lot area and no more than 15 per lot.

(2)    Prohibited Animals. Roosters and other animals with frequent, loud vocalizations are not permitted.

(3)    Enclosures. Animals shall be kept in an enclosed structure or area located in the rear yard of the principal dwelling, and shall not be permitted to roam at large outside the enclosure or onto another property. Enclosed structures and exercise areas shall be located a minimum of 30 feet from any neighboring dwelling, and a minimum of nine feet from side and rear lot lines. Enclosures open to the sky shall consist of a wall or fence of sufficient height to contain the animals; such enclosure shall be a minimum of four feet and maximum of six feet in height. The combined area of structures and enclosures shall provide a minimum of 10 square feet per fowl or rabbit, and no animal shall be confined in a cage less than twice their length and height.

2.    Permits.

a.    There is hereby levied a homestead farming permit fee. Said permit fee shall be set by the Governing Body by resolution.

b.    A conditional use permit subject to applicable standards is required if the above standards cannot be met.

H.    Animal Care – Kennel. Where kennels are permitted as an accessory use or a permitted use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Setback. All kennels shall be located at least 100 feet from a residential use or district.

2.    Screening. All outdoor animal enclosures shall be entirely screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening shall consist of an enclosure of solid masonry, brick, stone or wood landscaped according to GMC 17.08.040.

I.    Outdoor Sales – Limited. Where Outdoor Sales – Limited is permitted as an accessory use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The goods shall be displayed on a sidewalk abutting the principal building that meets the requirements of GMC 17.09.020(C); provided, that a minimum of five feet of unobstructed sidewalk area shall be maintained for pedestrian passage at all times.

2.    Goods shall not be placed or located where they will interfere with pedestrian or building access, clear vision areas or required vehicle parking.

J.    Outdoor Storage of Materials, Products, or Equipment. All storage of materials, products, or equipment shall be contained within the principal building or other approved fully enclosed accessory structure, except miscellaneous storage and building materials as provided per GMC Title 8, Property Maintenance, or outdoor storage otherwise permitted in this Code, or customary building mechanical systems. Outdoor storage of building materials on the lot upon which such construction is taking place shall only be permitted during the period of active construction.

K.    Food and Beverage – General. Where general food and beverage is permitted as an accessory use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Shall be a maximum of 3,000 square feet or 10 percent of the building or complex in which the use is located, whichever is smaller.

2.    Shall not include drive-through facilities.

L.    Outdoor Vehicle Parking and Storage. No vehicle in excess of 12,500 GVWR shall be parked or stored on any private residential property, or on any property in a private residential parking area or private residential common, or on any property used for residential purposes in any zoning district for more than two hours, except when necessary for loading and unloading or in the performance of a service to or upon property on which the vehicle is parked.

M.    Outdoor Storage of Watercraft, Recreational Vehicles, and Trailers. The purpose of this section is to provide limitations for the outdoor storage of vehicles in residential neighborhoods or on properties principally for residential use such that neighborhood safety, quality and character are maintained. Outdoor storage of watercraft (whether mounted on trailers or unmounted), camping trailers, pickup campers, motor homes, other recreational vehicles or hauling trailers capable of being towed by a passenger vehicle is permitted on a lot principally for residential use in the R-1 and R-2 districts, provided the following standards are met:

1.    A total of two such vehicles may be stored outdoors.

2.    Storage Location.

a.    One such vehicle may be stored in the front yard on an approved, paved driveway; provided, however, that no portion of such vehicle or any other vehicle parked in the driveway shall overhang or encroach upon a public sidewalk or obstruct sight visibility of the roadway from adjacent driveways or access easements.

b.    Such vehicles can be parked in the side or rear yard; provided, however, that no portion of such vehicle stored in a side yard shall extend into the front yard.

c.    Such vehicles shall not be stored in the street side yard of a corner lot unless screened by a solid board fence meeting the requirements of GMC 17.08.040 or by sight-obscuring landscaping meeting the requirements of GMC 17.08.030(B).

3.    Rear and side yard storage areas are not required to be paved, but shall be maintained in vegetative cover without bare dirt, and vegetation shall be trimmed in accordance with City property maintenance requirements. Alternately, hard surfaces such as water-permeable pavers, cement, asphalt, or other similar material (but not gravel) may be used.

4.    Exceptions from any of the above screening requirements may be granted by the Director of Community Development or designee upon demonstration that the vehicle is rendered visually unobtrusive by other means which may include large setbacks or other architectural or natural features.

5.    None of the vehicles in this section may be stored in an inoperable condition. For purposes of this section, “inoperable” means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed. Nothing herein shall be deemed to create an exception or exemption to the City’s Code relating to inoperable and abandoned motor vehicles.

6.    Recreational vehicles shall not be (a) used for on-site dwelling purposes for more than 14 days per calendar year; or (b) permanently connected to sewer lines, water lines or electrical lines; or (c) used for storage.

N.    Temporary Cargo Containers.

1.    One temporary cargo container is allowed per dwelling unit for up to two weeks; provided, that:

a.    The temporary cargo container may only be used for purposes of storage in conjunction with moving or relocating residents’ household belongings.

b.    Each dwelling unit is entitled to no more than two temporary cargo containers per year (any 12-month consecutive period).

c.    The temporary cargo container must be located on a paved surface.

d.    The temporary cargo container may not be located on any public or private street. Additionally, the temporary cargo container may not be placed in any sight triangle or in any location that would interfere with traffic safety.

e.    A resident may apply for a permit for an extension to allow a cargo container to remain for an additional two weeks. There shall be no fee for the permit.

2.    Cargo containers may be used as temporary construction site storage for nonresidential construction projects and for residential construction projects consisting of at least 20 dwelling units in the R-4 and R-5 district, subject to the following:

a.    No cargo containers shall be modified for habitation, including windows and cooling, plumbing or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

b.    Cargo containers must be located on a platted lot that has an active building permit.

c.    Cargo containers on lots smaller than five acres shall not remain on the lot longer than six months, even if a building permit is still active. Cargo containers on lots that are five acres or larger shall not remain on the lot longer than nine months, even if a building permit is still active.

d.    Items stored in cargo containers must be used on the same platted lot where the cargo containers are located. The cargo containers shall not be used to store items for use on other construction sites.

e.    Cargo containers shall be located at least 10 feet from all property lines.

f.    At the time of placement, cargo containers shall not be located within 100 feet of any occupied dwelling unit.

g.    Cargo containers shall be kept safe, structurally sound, stable, and in good repair. Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property to a location that can legally accept it.

h.    The property surrounding the cargo containers (within 10 feet) shall be maintained and kept free of weeds.

i.    The maximum number of cargo containers allowed for temporary construction site storage per lot per year (any 12-month consecutive period) shall be as follows:

(1)    Lots that contain five acres or less are permitted a maximum of one cargo container.

(2)    Lots that are more than five acres and less than 10 acres in size are permitted a maximum of three cargo containers.

(3)    Lots that are 10 acres or larger are permitted a maximum of six cargo containers.

j.    No cargo container shall be allowed for temporary construction site storage until a temporary permit has been obtained. There shall not be any additional fees to obtain such permit for this use. The permit application shall include a site plan or plot plan showing where the container will be located on the site. Permitted cargo containers shall not be relocated on the site without updating the permit.

3.    The Director of Community Development may grant an exception to any of the above restrictions only if the construction project has a unique characteristic that warrants special consideration. Any such exception may be subject to additional conditions or restrictions as deemed necessary by the Director.

O.    Permanent Cargo Containers. Permanent cargo containers may be permitted in the M-1 and M-2 districts; provided, that the use shall be approved by the Director of Community Development or designee upon review of a plot plan in accordance with the following standards:

1.    Lots shall be larger than one acre.

2.    No more than two cargo containers may be used.

3.    The cargo containers must be located within an outdoor storage area that is properly screened according to GMC 17.08.040.

4.    No cargo container may be located within 20 feet of any property line.

5.    All signage on the cargo container shall be removed and the cargo container shall be painted an earth tone color.

6.    Cargo containers shall be anchored to the ground, and must be maintained such that they are safe, structurally sound, stable, and in good repair. Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property to a location that can legally accept it.

7.    No cargo containers shall be modified for habitation, including windows and cooling, plumbing or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

P.    Amateur Radio, Receive-Only Antennas, and Satellite Dishes.

1.    Amateur radio and receive-only antennas may be installed and operated as permitted accessory uses, subject to the following standards:

a.    One such appurtenance may be permitted for each residential parcel on which it is located. Additional structures may be permitted as a conditional use.

b.    Such appurtenance shall not exceed 35 feet in height.

c.    Structures of greater height may be permitted as a conditional use, but shall not exceed 75 feet in height, subject to the following conditions:

(1)    The applicant shall provide certification from a Kansas licensed professional engineer that the tower design is such that it will not fall on adjacent property or on any building on the property on which it is located;

(2)    The tower installation shall be screened according to Chapter 17.08 GMC from any residential district or use located within 20 feet of the proposed tower site; and

(3)    The tower may be limited to a height of less than 75 feet if the Planning Commission finds that it will create an unnecessary and unacceptable visual impact.

2.    Satellite Dishes.

a.    Shall not block any entrance or required emergency egress of any building.

b.    Shall not be located on the front facade or front roof of a residential structure.

c.    Shall not be located in the front yard.

d.    Satellite dishes exceeding one meter in diameter in residential districts are subject to the following additional criteria:

(1)    Shall not be located in a side setback; and

(2)    Shall be screened from adjacent properties by a fence, wall, berm or landscaping according to Chapter 17.08 GMC.

e.    Satellite dishes exceeding two meters in diameter are only permitted in nonresidential districts subject to the following additional criteria:

(1)    Shall be screened from adjacent residential uses or districts by a fence, wall, berm or landscaping according to Chapter 17.08 GMC. (Ord. 2673 §§ 15 – 21; Ord. 2652 §§ 6, 7; Ord. 2550 § 1; Ord. 2546 § 1; Ord. 2518 § 2 (LDC § 5.04))

17.05.050 Specific Use Standards

The following specific uses may have particular impacts different than the uses generally enabled in the zoning districts. These uses shall have the following additional limitations, performance standards, and design standards as specified and indicated in Table 5-2 (such standards for specific uses associated with Communication Facilities for Wireless Services are contained within Chapter 17.11 GMC).

A.    Group Care Home (Nine to 14 Residents). Where group care home for nine to 14 residents is noted as a permitted or conditional use (as indicated in Table 5-2), all of the following standards shall be met:

1.    The owner/operator shall provide evidence of any applicable license, certification, or registration required by a state or federal agency.

2.    The use shall provide sufficient on-site parking so that no on-street parking is utilized.

B.    Assembly – Small. Where small assembly use is permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The use shall provide sufficient on-site parking so that no on-street parking is utilized.

2.    Parking shall be set back at least 25 feet from a residential lot line.

3.    Accessory recreational facilities shall have the same setback requirement of the principal building.

C.    Cemetery/Mausoleum. Where cemeteries or mausoleums are permitted (as indicated in Table 5-2), all of the following standards shall be met:

1.    Cemeteries shall contain at least 20 acres.

2.    Mausoleums shall be at least 200 feet from every street line and adjoining lot lines.

D.    Residential Care – Limited. Where limited residential care uses are noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The owner/operator shall provide evidence of any applicable license, certification, or registration required by a state or federal agency.

2.    Prior to occupancy, applicant shall provide a copy of the policies and procedures required by other applicable agencies or laws.

3.    Applicant shall provide a copy of the verification of occupancy.

4.    The use shall provide sufficient on-site parking so that no on-street parking is utilized.

E.    Residential Care – General. Where general residential care uses are noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The owner/operator shall provide evidence of any applicable license, certification, or registration required by a state or federal agency.

2.    Prior to occupancy, applicant shall provide a copy of the policies and procedures required by other applicable agencies or laws.

3.    Applicant shall provide a copy of the verification of occupancy.

4.    The use shall provide sufficient on-site parking so that no on-street parking is utilized.

F.    Residential Care – Institutional. Where institutional residential care uses are noted as a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The owner/operator shall provide evidence of any applicable license, certification, or registration required by a state or federal agency.

2.    Prior to occupancy, applicant shall provide a copy of the policies and procedures required by other applicable agencies or laws.

3.    Applicant shall provide a copy of the verification of occupancy.

4.    The use shall provide sufficient on-site parking so that no on-street parking is utilized.

G.    Grocery – Store. Where grocery stores are permitted as a conditional use (as indicated in Table 5-2), all of the following standards shall be met:

1.    The parking lot shall be kept free of grocery carts. A designated area near the store shall be provided for cart storage.

2.    All loading and service areas shall be located to the rear or side of the property, and shall be screened according to GMC 17.08.040.

H.    Outdoor Sales. Where Outdoor Sales (General or Heavy) is indicated as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Outdoor display areas shall be located on the same lot as the principal use.

2.    Outdoor display of retail goods requires approval of a site plan showing the location, area, and dimensions of the display area, and specifications for all lighting and fencing or screening.

3.    The display area shall be located on the same lot as the principal structure, and shall not be located in a required parking space, drive lane, loading area, or the public right-of-way.

4.    Goods shall not be placed or located where they will interfere with pedestrian or building access or clear vision areas.

5.    No goods shall be displayed within the public right-of-way.

6.    All lighting shall be shielded and of a full cutoff design to illuminate only the outdoor display area. Lighting shall be of minimal brightness to illuminate the merchandise, but shall not be unduly bright as to create visual disturbance as compared to public space lighting.

7.    Lighting of the outdoor display area shall be dimmed to the minimum needed for security purposes during nonbusiness hours except lighting for building entrances and access drives.

8.    The display area shall be screened from view along any property line abutting a residential use or district according to GMC 17.08.040, or by the presence of other buildings blocking the view.

9.    Outdoor display areas shall be located on a hard surface such as cement or asphalt products. Gravel may only be approved through Planning Commission after review of containment and management strategies.

I.    Convenience Store/Fuel Station – Limited. Where limited convenience store/fuel stations are permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Shall not include washing or other vehicle cleaning facilities or vehicle repair facilities.

2.    There shall be no sales of motor vehicles unless a separate permit is obtained for that use.

J.    Convenience Store/Fuel Station – General. Where general convenience store/fuel stations are noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Washing and other passenger car cleaning shall be permitted as an accessory use, provided:

a.    All washing equipment shall be located within an enclosed building.

b.    The wash facilities shall be located to the side or rear of the main building, and shall not extend in front of the main building.

c.    The wash facilities use no more than two car stalls.

d.    Washing and cleaning operations shall utilize the same entrance drives as the convenience store/fuel station.

2.    All automobile servicing and repair activities shall be conducted within an enclosed building, and repair bay entrances shall be oriented toward the rear or side of the property and not the front. If the property has multiple frontages and it is necessary to orient repair bay entrances toward a public street, the area shall be screened from public view according to GMC 17.08.040.

3.    The following activities and equipment shall be located only in the rear yard and at least 50 feet from a residential use or zoning district:

a.    Storage of vehicle parts and refuse;

b.    Temporary storage of vehicles during repair and pending delivery to the customer;

c.    Vacuuming.

4.    Outdoor storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding 14 days, and the maximum number of such vehicles that can be stored at any one time is six.

5.    There shall be no sales of motor vehicles unless a separate permit is obtained for that use.

6.    Any lighting fixtures that are a part of the underside of the canopy shall be fully recessed into the canopy so as not to protrude below the canopy surface, and the exterior of the canopy shall not be lit (except for any signs as permitted by Chapter 17.10 GMC).

K.    Convenience Store/Fuel Station – Heavy. Where heavy convenience store/fuel stations are noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Washing and other passenger car cleaning shall be permitted as an accessory use, provided:

a.    All washing equipment shall be located within an enclosed building.

b.    Washing and cleaning operations shall utilize the same entrance drives as the convenience store/fuel station.

2.    All automobile servicing and repair activities shall be conducted within an enclosed building.

3.    The following activities and equipment shall be located only in the rear yard and at least 50 feet from a residential use or zoning district:

a.    Storage of vehicle parts and refuse;

b.    Temporary storage of vehicles during repair and pending delivery to the customer;

c.    Vacuuming.

4.    There shall be no sales of motor vehicles unless a separate permit is obtained for that use.

5.    Parking of semi-trailers and other similar vehicles shall be located at a minimum setback of 25 feet from all property lines.

6.    Where heavy convenience store/fuel stations are permitted as a conditional use, as indicated in Table 5-2, all of the following criteria shall be met:

a.    The wash facilities shall be located to the side or rear of the main building, and shall not extend in front of the main building.

b.    Repair bay entrances shall be oriented toward the rear or side of the property and not the front.

L.    Animal Care – Kennel. Where kennels are permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Setback. All kennels shall be located at least 100 feet from a residential use or district.

2.    Screening. All outdoor animal enclosures shall be entirely screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening shall consist of an enclosure of solid masonry, brick, stone or wood, and landscaped according to Chapter 17.08 GMC.

M.    Animal Care – Large. Where large animal care uses are noted as a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Animals shall only be boarded during periods of observation incidental to care or treatment.

2.    Any building or corral for the outdoor keeping of animals shall be set back a minimum of 50 feet from any property line abutting a residential use or district.

3.    Large animal boarding in nonagriculture districts shall be buffered according to GMC 17.08.030(B).

N.    Day Care Center. Where day care centers are noted as a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The owner/operator shall provide evidence of any applicable license, certification or registration required by a local, state, or federal agency.

2.    Outdoor play areas shall be fenced with a six-foot-tall privacy fence. Outdoor play shall only occur between the hours of 8:00 a.m. and 9:00 p.m.

3.    Shall be located on a site with access from a collector or arterial street.

O.    Food and Beverage – General. Where general food and beverage is permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Shall be a maximum of 3,000 square feet or 10 percent of the building or complex in which the use is located, whichever is smaller.

2.    Shall not include drive-through facilities.

P.    Food and Beverage – Mobile. Where Food and Beverage – Mobile uses are permitted as a temporary use (as indicated in Table 5-2) subject to additional standards, all of the following standards shall be met in addition to the standards of subsection (Y) of this section pertaining to temporary uses. If such use is determined to be a semi-permanent or permanent use of property the issuance of a conditional use permit per GMC 17.03.050, Conditional Use Permit, is required, and such use can only be located in the following nonresidential commercial – CO-A, C-1, C-2, C-3 – and industrial – M1, M2 – zoning districts as indicated in Table 5-2 (this section does not apply to transient merchants using public streets who do not park at one location):

1.    Standards Applicable to All Food and Beverage – Mobile Uses.

a.    Shall provide appropriate waste receptacles at the site of the unit and remove all litter, debris, and other waste attributable to the vendor on a daily basis.

b.    Shall comply with all other applicable federal, state, County and City regulations and obtain all applicable permits or licenses.

c.    Shall not be located within the sight triangle as prescribed in GMC 17.04.010(D).

d.    Shall be located at least 10 feet from building entrances.

e.    Shall only be located on properties that contain permitted nonresidential uses in all zoning districts, or on vacant properties in commercial and industrial zoning districts.

f.    Shall only be located on properties with approved access, circulation and parking surface improvements. A site plan (including all associated site improvements – e.g., lighting, signage, seating, waste receptacles, landscaping, and other amenities) shall be provided for review and approval as part of the temporary use permit application.

g.    Shall provide evidence of property owner approval.

h.    Shall be limited to intermittent, not continuous or permanent, operation at any one location per calendar year. As it pertains to Food and Beverage – Mobile uses the term intermittent shall mean that the motorized or nonmotorized vehicle, trailer, or other device designed to be portable shall not remain on the property when not in operation.

i.    Shall be permitted per location on an annual basis (permit duration shall not exceed one calendar year and is specific to the location identified on the permit).

j.    Shall be limited to one unit per lot except as part of a Food and Beverage – Mobile Grouping use as provided below.

k.    Shall not be attached to any public or private utility except that electric power, via an active existing utility account serving an established operating principal structure and use on the same property, may be provided by the utility account/property owner in a code compliant manner as part of an approved special event; community activity; or intermittent accessory activity. However, power cables or similar devices shall not be run across any City street, alley, or pedestrian facilities.

2.    Standards Applicable to All Food and Beverage – Mobile Grouping Uses (i.e., Food Truck Courts, Food Truck Rallies). Such groupings are only allowed: as part of an approved special event or community sponsored activity receiving a temporary use permit or as a semi-permanent/permanent use in the following nonresidential commercial – C-1, C-2, C-3 – and industrial – M1, M2 – zoning districts only, subject to receiving a conditional use permit per GMC 17.03.050, Conditional Use Permit, which may include the following additional conditions:

a.    There shall be a 20-foot separation between any mobile food vending unit and any permanent structure.

b.    There shall be a 10-foot separation between mobile food vending units.

c.    A fire lane shall be maintained.

d.    Each mobile vending unit in the grouping shall obtain a Temporary Use Permit prior to operation.

e.    Electric power, via an active existing utility account serving an established operating principal structure and use on the same property, may be provided by the utility account/property owner in a code compliant manner as part of an approved special event; community activity; or intermittent accessory activity. However, power cables or similar devices shall not be run across any City street, alley, or pedestrian facilities.

3.    Standards Applicable to all Vending Carts.

a.    Shall meet all requirements for accessory outdoor food and beverage service except that it need not be associated with the adjacent business.

b.    Vending carts shall be limited to a maximum size of 40 square feet in area and shall not exceed a maximum height of 10 feet.

c.    All vending carts shall be nonmotorized and securely anchored while in use, but shall have wheels to enable removal in case of emergency.

d.    The owner/operator shall provide evidence of any applicable license, certification or registration required by a local, state, or federal agency.

4.    Standards Applicable to All Mobile Food Vending Units (i.e., Food Trucks/Trailers).

a.    Standards Applicable to All Mobile Food Vending Units.

(1)    All food shall be prepared, sold, or displayed inside of a mobile food vending unit or on equipment directly associated with the mobile food vending unit.

(2)    There shall be no dining area within 10 feet of a mobile food vending unit, including but not limited to tables and chairs, booths, stools, benches, and stand up counters.

(3)    When extended, awnings for mobile food vending units shall have a minimum clearance of seven feet between the ground level and the lowest point of the awning or support structure.

(4)    Besides signage that is physically part of the mobile food vending units, only one portable pedestrian sign is allowed in accordance with Chapter 17.10 GMC.

(5)    Shall not use any flashing or blinking lights or strobe lights; all exterior lights over 60-watt equivalent shall contain opaque, hooded shields to direct illumination downwards.

(6)    Shall not use loud music, amplification devices, or “crying out” or any other audible methods to gain attention which causes a disruption or safety hazard as determined by the Code Enforcement Officer.

(7)    Shall be parked at least 25 feet from driveways at all times.

(8)    The owner/operator shall provide evidence of any applicable license, certification, permit or registration required by a local, state, or federal agency.

(9)    Utility cables, lines, devices or facilities shall not be run across any street, alley, or pedestrian or vehicular areas.

b.    Additional standards applicable to Mobile Food Vending Units located on public property:

(1)    The customer service area for mobile food vending units shall be on the side of the street that faces a curb, lawn, or sidewalk when parked. No food service shall be provided on the driving lane side of the truck or vehicle.

(2)    Mobile food vending units parked on public streets shall conform to all applicable parking regulations and shall not hinder the lawful parking or operation of other vehicles.

(3)    Mobile food vending units utilizing public parking spaces shall be parked in conformance with all applicable parking restrictions, and shall not hinder the lawful parking or operation of other vehicles.

(4)    Shall not operate on public property within one block of a City-sanctioned or authorized street fair, public festival, farmer’s market or event without authorization from the event sponsor.

(5)    Any required power on City-controlled property shall be self-contained and shall not use utilities drawn from the City-controlled property without City approval.

Q.    Lodging – Bed and Breakfast. Where bed and breakfast lodging uses are permitted as a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    One parking space per guest room shall be provided in addition to the required parking for the residence.

2.    The owner or manager of the facility shall reside in the residence.

3.    No accessory structures shall be utilized as dwelling units except as permitted for “accessory dwelling units” in that district.

4.    A site plan shall be submitted indicating the site layout, access, parking, and screening.

R.    Lodging – Short-Term Rental of Detached House. Where short-term rentals of detached houses are permitted as a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Owner shall provide tenants with information on all applicable City ordinances pertaining to parking, noise, nuisances, and property maintenance.

2.    Owner shall post the occupancy limit, and ensure they are not exceeded.

3.    Owner shall provide their contact information, and contact information of the property manager, to tenants and the City, and shall keep it updated in case of change.

4.    All property boundaries shall be clearly marked so that tenants do not trespass on adjacent properties.

5.    Such homes shall not be rented for the sole purpose of hosting parties or special events. The structure and grounds shall be utilized as a dwelling unit, with typical recreational uses as consistent with the neighborhood so as not to create undue conflict with other residents.

S.    Recreation – RV Park/Campground. Where an RV park or campground is noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Shall comply with all other applicable federal, state, County and City regulations and obtain all applicable permits or licenses.

2.    Permanent restroom and shower facilities are required.

3.    Storm shelters or a permanent facility that allow for customers to take shelter from storms shall be required.

4.    No vehicle storage facilities are permitted unless specifically approved as part of the conditional use permit.

T.    Extractive Industry/Natural Resource Processing. Where extractive industry or natural resource processing is a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Oil and gas drilling operations shall meet the requirements of Chapter 15.55 GMC.

2.    Access and parking for operation, maintenance and public safety shall be paved and provide sufficient access to all equipment.

3.    Landscaping and buffers shall be designed according to Chapter 17.08 GMC to screen all facilities from adjacent streets, civic and open spaces or abutting property.

4.    Fencing is provided for safety and security of all equipment.

5.    Any other technical specifications and reports that demonstrate emergency management, operation and hazard mitigation, and compliance with all applicable state or federal laws and regulations.

U.    Landfill and Waste Processing Facility. Where landfill or waste processing facilities are a conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Shall be located on a tract of land at least 300 feet from a residential district zone, and not visible from an arterial street or highway.

2.    The operation shall be conducted wholly within a building or within an area completely surrounded on all sides by a fence or wall at least eight feet high. The fence or wall shall be of uniform height, uniform texture and color, and have a density of not less than 80 percent to ensure safety and obscure the junk from normal view of the public.

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

4.    No material shall be placed in such a manner that it escapes the enclosure by normal action of wind, water, or other natural causes. There will be no accumulation of stagnant water.

5.    Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the Fire Department except when prohibited by the State Board of Health, and shall be done only during daylight hours.

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

V.    Farming – Commercial. Any building or enclosure for compact confinement which results in lack of vegetation or any accumulation of animal refuse shall be located at least 100 feet from any residential zoned property.

W.    Wind Energy Conversion System. Whether permitted as an accessory use or through conditional use permits, wind energy systems shall meet the following standards:

1.    Height.

a.    Small wind energy systems shall not exceed more than 50 feet in height or more than 15 feet above the roof, whichever is greater.

b.    The maximum height for large wind energy conversion systems shall be determined by anemometer studies which find out where the proper wind strata is in specific areas.

2.    No tower or propeller shall be so located as to never be within 100 feet of any structure, power line or antenna located on property other than the property on which the system is located. Additional separation may be required, or alternative locations considered through conditional review based on the height of the tower and context of the site, provided the design demonstrates that no noise, vibration, visual impairments such as flicker from the turbines, or other structural concerns or potential hazard will impact adjacent property.

3.    The bottom tip of any propeller or other moving part shall be at least 15 feet above the grade of any accessible pedestrian area.

4.    The system and component parts must be totally surrounded by a fence having a minimum height of six feet and a maximum height of eight feet unless otherwise physically inaccessible to the public.

5.    The system shall not cause interference to the radio and television reception on adjoining property.

6.    The system shall contain a braking device for speeds above 40 miles per hour.

7.    The operational noise levels shall not exceed:

a.    Fifty-five decibels for any system in or abutting residentially zoned or used property; or

b.    Sixty-five decibels for property in nonresidential districts and not abutting any residentially zoned or used property.

8.    Proof of compliance with industry standards for safety and performance measures or other safety provisions from a recognized authority shall be provided for the specific types and models of equipment proposed.

9.    Proof that the system is covered by an insurance policy shall be submitted.

10.    No system shall interfere with the wind access of an existing system. Systems shall be a minimum of five rotor blade lengths apart based upon the largest rotor in the area.

X.    Solar Collector. Whether permitted as an accessory use or through conditional use permits, solar collectors shall meet the following standards:

1.    Roof-mounted solar collectors located on front and side of buildings with pitched roofs visible from the public right-of-way shall not extend above the peak of the roof plane where they are mounted; and further provided, that no portion of any such solar collector shall extend more than 24 inches perpendicular to the point on the roof where it is mounted.

2.    Roof-mounted solar collectors located on the rear side of buildings with pitched roofs shall not extend above the peak of the roof plane where they are mounted; and further provided, that no portion of any such solar collector shall extend more than four feet perpendicular to the point on the roof where it is mounted.

3.    Roof-mounted solar collectors located on buildings with flat roofs shall be screened from the right-of-way, public areas, or adjacent property with a parapet or other method similar to rooftop screening for mechanical equipment.

4.    Ground-mounted solar collectors accessory to another principal use shall not exceed eight feet in total height and shall be located within the rear yard at least 12 feet inside the property line.

5.    All lines serving a ground-mounted solar system shall be located underground.

Y.    Temporary Use. Where temporary uses are permitted (as indicated in Table 5-2), all of the following standards shall be met:

1.    A temporary use meeting the standards of this section shall be permitted by the Director of Community Development or designee upon review of a plot plan or site plan in accordance with standards.

2.    The temporary use shall be comparable in scale, impact and type of use to an otherwise allowed use in the district.

3.    All temporary structures shall meet the required minimum setback for the building type located on the property, or (in the case of vacant property) the required minimum setback for one of the permitted building types in that zoning district.

4.    No portion of the temporary use, or accessory activities associated with the temporary use, shall be located within 30 feet of the property line of an existing residence or a residentially zoned district except for the following:

a.    Temporary Offices at Residential Construction/Development Sites may be placed within a residentially zoned district (see subsection (Y)(8) of this section) subject to applicable setbacks and separation distances.

5.    The use, considering expected attendance, duration, hours of operation, and peak times, shall not create any traffic problems considering access to the site, parking on the site or on adjacent streets, or travel patterns on surrounding streets.

6.    The hours of operation shall be between 7:00 a.m. and midnight, except as may be further limited through administrative review based on the specific use and the context of the proposed location.

7.    Any use where typical visits are longer than two hours, or an event where a significant component is on-site consumption of food and beverages, shall provide adequate sanitary facilities. Such facilities shall generally be based on one station per 100 persons expected in a peak hour.

8.    The duration of the temporary use shall be limited as follows:

a.    Special events – no more than seven days.

b.    General merchandise sales or services – no more than seven days.

c.    Seasonal sales – no more than 90 days.

d.    Temporary Offices at Construction/Development Sites.

(1)    May be used on the site of a construction/development project if they are removed upon completion of the project. A temporary use permit and building permit is required for all temporary offices.

(2)    In residential districts, any temporary offices may only be located in a model home and must cease upon the issuance of a certificate of occupancy for the last residential dwelling unit for the subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the last dwelling unit for that phase.

(3)    Temporary trailers may be used for temporary construction/sales offices associated with residential development, but the placement of such cannot occur until a building permit for a model home is issued and the trailer is allowed only until the model home is completed. All trailers shall be removed once the model home is completed and ready for use.

e.    Food and Beverage – Mobile and Mobile Grouping uses are subject to the timelines and other limitations provided in subsection (P) of this section.

f.    Or other appropriate administrative limitation based on the specific use and context of the proposed location.

9.    Permits.

a.    All necessary permits for facilities, public safety, or insurance shall be obtained prior to the final approval and activation of the use.

b.    There is hereby levied a temporary use permit fee for food and beverage – mobile uses. Said permit fee shall be set by the Governing Body by resolution.

10.    All materials, equipment and temporary structures shall be removed upon the discontinuance of the use, and the site otherwise restored to its pre-use condition.

Z.    Public Utility Facilities. Where Public Utility Facilities are noted as a permitted or conditional use subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    Setback. All buildings and structures shall have a minimum setback of 50 feet from residentially zoned property.

2.    Height. Public Utility Facilities may exceed the required height limit subject to the following conditions:

a.    Building is set back one additional foot for each additional foot the building exceeds the height limit for the applicable building type.

b.    Building is set back three additional feet for each additional foot the building exceeds the height limit for the applicable building type when adjacent to property residentially zoned or for residential districts as identified in the Comprehensive Plan.

c.    The maximum building height shall not exceed 20 feet over the maximum building height for the applicable building type.

3.    Buffering. Buffering shall adhere to the following requirements, as provided in GMC 17.08.030(B):

a.    Public Utility Facilities – Minor shall be subject to Level 3 buffering requirements.

b.    Public Utility Facilities – Major shall be subject to Level 4 buffering requirements.

4.    Fencing. Fencing may be permitted provided all the following standards shall be met:

a.    Fencing may be permitted around the perimeter of the facility as indicated on a site plan.

b.    Perimeter fencing shall be a minimum of six feet in height.

c.    Materials.

(1)    Fencing adjacent to the public right-of-way shall be wrought iron or aluminum simulating wrought iron.

(2)    All other fencing shall be per approved materials established in GMC 17.08.040(B) and shall be designed to match the architecture of surrounding structures.

d.    Razor wire and barbed wire shall not be permitted on perimeter fencing.

AA.    Commercial Storage – Outdoor Minor. Where Commercial Storage – Outdoor Minor is permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The outdoor storage area shall be located behind the front building line of the principal building, or (if there is no principal building) shall meet the required minimum front setback for one of the permitted building types in that zoning district.

2.    The outdoor storage area shall be set back at least 50 feet from all residential zoning districts and 15 feet from all other non-industrial zoning districts.

3.    The outdoor storage area shall not be located closer than 15 feet to any street or right-of-way.

4.    No portion of the outdoor storage area shall be allowed within any utility easements or floodplain.

5.    The outdoor storage area shall be paved per the requirements for parking lots. Gravel can only be approved by the Planning Commission after review of containment and management strategies.

6.    The outdoor storage area shall be screened according to GMC 17.08.040, and no materials shall be stacked higher than the screening.

BB.    Commercial Storage – Outdoor Major. Where Commercial Storage – Outdoor Major is permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    The outdoor storage area shall be located behind the front building line of the principal building, or (if there is no principal building) shall meet the required minimum front setback for one of the permitted building types in that zoning district.

2.    The outdoor storage area shall be set back at least 75 feet from all residential zoning districts and 15 feet from all other non-industrial zoning districts.

3.    The outdoor storage area shall not be located closer than 15 feet to any street or right-of-way.

4.    No portion of the outdoor storage area shall be allowed within any utility easements or floodplain.

5.    The outdoor storage area shall be paved per the requirements for parking lots. Gravel can only be approved by the Planning Commission after review of containment and management strategies.

6.    The outdoor storage area shall be screened according to GMC 17.08.040, and stacked materials shall not exceed 35 feet in height. Additional height may be approved for stacked materials by conditional use permit; provided, that an additional foot shall be added to all setbacks for each additional foot of stacked height.

CC.    Aviation Facilities. Where aviation facilities are noted as a conditional use (as indicated in Table 5-2), all of the following standards shall be met:

1.    Aviation Facilities shall be constructed in accordance with the existing Airport Master Plan and Airport Layout plan as approved by the Federal Aviation Administration (FAA).

2.    Building Types. Aviation facilities may be exempt from transparency requirements, primary entry feature requirements, and building ornamentation requirements if buildings are for the storage and maintenance of aircraft.

3.    Street Design. Per GMC 17.04.010(C)(3), the City Engineer, Director of Community Development, or Planning Commission may modify typical street cross sections to include an exemption to the street tree requirement in designated zones defined in the FAA-approved Airport Layout Plan outlined in the Gardner Airport Master Plan.

4.    Frontage Design. Aviation facilities shall comply with frontage design standards, however, may be exempt from frontage tree requirements in designated zones defined in the FAA approved Airport Layout Plan outlined in the Gardner Airport Master Plan.

5.    Landscape Design. Aviation facilities may be exempt from all requirements for parking lot trees and open space trees if such trees are in designated zones defined in the FAA approved Airport Layout Plan outlined in the Gardner Airport Master Plan or in areas which impact airport operations as determined by the Airport Manager.

6.    Off-Street Parking. Aviation facilities shall provide one parking space per enclosed aircraft space.

7.    Aboveground Storage Tanks. Aboveground storage tanks shall be permitted as an accessory use for aviation facilities provided all of the following standards shall be met:

a.    Aviation facilities shall be permitted one aboveground storage tank per lot or one aboveground storage tank per 50 acres.

b.    Aboveground storage tanks shall not be permitted in the front yard setback.

c.    Aboveground storage tanks shall not exceed 1,000 gallons in size.

d.    Aboveground storage tanks shall comply with screening requirements as provided in GMC 17.08.040.

8.    Lighting. All lighting shall comply with GMC 17.08.050, unless otherwise required by the FAA.

9.    In the event of conflict between the requirements in this subsection (CC) and a specific federal regulation or standard, the more restrictive shall apply or the Gardner Land Development Code shall be applied to the greatest extent allowed under the conflicting federal requirement.

DD.    Multi-Unit Household Living. Where multi-unit household living is permitted subject to additional standards (as indicated in Table 5-2), all of the following standards shall be met:

1.    A maximum of three units is allowed per lot.

2.    The Detached House – Suburban, Detached House – Neighborhood, Duplex, and Garden Apartment building types may be utilized to accommodate three primary dwelling units, provided all applicable building design standards, specific building type standards, and frontage standards are met. Such dwellings shall be subject to site plan review. (Ord. 2757 §§ 2, 3; Ord. 2695 § 12; Ord. 2673 §§ 22, 23; Ord. 2652 § 8; Ord. 2584 § 1; Ord. 2550 § 1; Ord. 2546 § 1; Ord. 2518 § 2 (LDC § 5.05))