601.1         INTENT: The intent of the C-1 District is to encourage the location of major business services and retail business activity in the central business district in order to maintain that area as the core business, retail, government and entertainment district for the community. The intent is also to encourage residential use in the C-1 District under terms and conditions where such use complements commercial uses.

601.2         PRINCIPLE PERMITTED USES AND STRUCTURES. The following shall be permitted uses by right in the C-1Central Business District:

1.     Business or financial services.

2.     Convenience stores.

3.     Public and governmental services.

4.     Churches or similar places of worship.

5.     Religious, cultural and fraternal activities.

6.     Restaurants.

7.     Light commercial.

8.     Medical, dental and health clinics.

9.     Commercial printing and publishing.

10.   Taverns and drinking establishments.

11.   Indoor theaters.

12.   Residential dwellings located other than ground floor of commercial structure.

13.   Hotels and motels.

14.   Barbershops, beauty salons and day spas.

15.   Photography and dance studios.

16.   Museums, studios, and art galleries.

17.   Physical fitness centers and athletic clubs.

18.   Indoor amusement places.

19.   Auditoriums, exhibition halls, and similar uses.

20.   Day Care Facilities: Adult day care homes, licensed day care homes, group day care homes, when having 12 or fewer children or adults for whom care is provided.

21.   Dry cleaners – laundries; including self-service.

22.   Electric-telephone substations and similar public utility.

23.   Nursing homes, assisted living facilities and retirement homes.

24.   Nonprofit institutions of an educational, philanthropic, or eleemosynary nature.

25.   Offices – professional, business, educational, industrial, religious, philanthropic, public.

601.3         PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses and structures shall be permitted when the Principle or Conditional use exists on the lot of record and in conformance with the provisions of Section 803.

1.     Accessory uses and structures normally appurtenant to the permitted or conditionally approved uses and structures.

601.4         CONDITIONAL USES AND STRUCTURES. A building or premises may be used for the following purpose in the C-1 Central Business District if a conditional use permit for such use has been obtained in accordance with the provisions of Chapter 12 of these Regulations.

1.     Any public or land use by any department of the City, county, state or federal government.

2.     Multiple-Family Dwelling (apartment or condominium).

3.     Automotive Repair – Minor - provided all work shall be performed and all materials stored within an enclosed building.

4.     Child Care Centers or Day Care Facilities for adults or children when having 13 or more children or adults for whom care is provided.

5.     Other trade, service uses, such as contractor offices, plumbing, electrical supply, and auto supply businesses. All materials shall be located within the building and no outside storage of materials, equipment or vehicles shall be allowed.

601.5         PROHIBITED USES AND STRUCTURES. All other uses and structures, which are not specifically permitted or not permissible as conditional uses, shall be prohibited from the C-1 Central Business District.

601.6         BULK REGULATIONS

601.6.1 General. The minimum area, setbacks, density and maximum height shall be as prescribed in the following Table:

DISTRICT	MINIMUM LOT AREA/SITE (square feet)	MAXIMUM DENSITY (dwelling units/acre)	LOT DIMENSIONS		SETBACK REQUIREMENTS			MAXIMUM BUILDING HEIGHT*
			Minimum lot width	Minimum lot depth	Minimum front yard	Minimum side yard	Minimum rear yard
C-1	Not Applicable	Not Applicable	30	70	0	0	0	40
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 sq m, 1 acre = 4047 sq m.

601.7         OFF-STREET PARKING AND LOADING REQUIREMENTS: Off- street parking and loading requirements within the C-1 Central Business District shall be in conformance with the provisions of Sections 801 and 806 of these Regulations.

601.8         FENCES AND RETAINING WALLS: Fences and retaining wall requirements within the C-1 Central Business District shall be in conformance with the provisions of Section 802 of these Regulations.

601.9         LANDSCAPING REQUIREMENTS: Landscaping requirements within the C-1 Central Business District shall be in conformance with the provisions of Section 805 of these Regulations.

601.10       SIGN REQUIREMENTS: Sign requirements within the C-1 Central Business District shall be in conformance with the provisions of Chapter 10 of these Regulations.

602.1         INTENT: The intent of the C-2 District is to allow basic retail, service and office uses located at specific points on major streets outside the central and neighborhood business districts. This district is also intended to provide locations for commercial activities that do not require a central location downtown, but do require a location easily accessible to downtown shoppers, therefore it is particularly appropriate adjoining a major highway. Business uses needing large floor areas, particularly those of a service nature, not compatible with Central Business District uses, are included in this district.

602.2         PRINCIPLE PERMITTED USES AND STRUCTURES. The following shall be permitted uses by right in the C-2 General Commercial District:

1.     Any public or land use by any department of the City, county, state or federal government.

2.     Business or financial services.

3.     Convenience and neighborhood commercial centers.

4.     Restaurants.

5.     Light commercial.

6.     Medical, Dental, and Health Clinics.

7.     Hospitals.

8.     Commercial printing and publishing.

9.     Taverns and drinking establishment.

10.   Indoor theaters.

11.   Automotive Repair – Minor and Major, provided all work shall be performed and all materials stored within an enclosed building.

12.   Automotive motor fuel dispensing facilities and Automotive self-service motor fuel dispensing facilities.

13.   Day Care Facilities: Adult day care homes, child care centers, licensed day care homes, group day care homes, and preschools.

14.   Mortuary and funeral homes.

15.   Churches and similar places of worship.

16.   Public utility stations.

17.   Group care facilities for adults or minors.

18.   Physical fitness centers.

19.   Religious, cultural and fraternal activities.

20.   Rehabilitation centers.

21.   Schools and colleges.

22.   Self-storage warehouses, or mini storage facilities.

23.   Private storage sheds/buildings.

24.   Hotels and motels.

25.   Indoor amusement centers.

26.   Auto supply sales.

27.   Building material supply sales (wholesale and retail).

28.   Commercial bakeries.

29.   Veterinary small animal clinic or hospital.

30.   Auditoriums, exhibition halls, and similar uses.

31.   Automobile wash.

32.   Automotive sales.

33.   Dry cleaners – laundries; including self-service.

34.   Nursing homes, assisted living facilities, retirement homes and nursing facilities.

35.   Nonprofit institutions of an educational, philanthropic, or eleemosynary nature.

36.   Offices – professional, business, educational, industrial, religious, philanthropic, public.

37.   Garden supplies – nurseries, greenhouses.

38.   Miniature Golf – Outdoor.

39.   Monument engraving and sales.

40.   Radio and television broadcasting studios (without transmission towers).

41.   Agricultural Equipment Sales and Service.

602.3.        PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses and structures shall be permitted when the Principle or Conditional use exists on the lot of record and in conformance with the provisions of Section 803.

1.     Accessory uses and structures normally appurtenant to the permitted or conditionally approved uses and structures.

602.4         CONDITIONAL USES AND STRUCTURES: A building or premises may be used for the following purpose in the C-2 General Commercial District if a conditional use permit for such use has been obtained in accordance with the provisions of Chapter 12 of these Regulations.

1.     Multiple unit dwellings.

2.     Package liquor store.

3.     Truck and Trailer sales.

4.     Travel trailer park.

5.     Wholesale establishment.

6.     Light Manufacturing.

7.     Recycling Center.

8.     Research establishments of industrial, medical or scientific nature.

9.     Other trade, service uses, such as contractor offices, plumbing and electrical supply businesses that are similar to the permitted principal uses and which are in harmony with the intent of this district. All materials shall be located within the building and no outside storage of materials, equipment or vehicles shall be allowed.

602.5         PROHIBITED USES AND STRUCTURES: All other uses and structures, which are not specifically permitted or not permissible as conditional uses, shall be prohibited from the C-2 General Commercial District.

602.6         BULK REGULATIONS

602.6.1 General. The minimum area, setbacks, density and maximum height shall be as prescribed in the following Table:

DISTRICT	MINIMUM LOT AREA/SITE (square feet)	MAXIMUM DENSITY (dwelling units/acre)	LOT DIMENSIONS		SETBACK REQUIREMENTS			MAXIMUM BUILDING HEIGHT*
			Minimum lot width	Minimum lot depth	Minimum front yard	Minimum side yard	Minimum rear yard
C-2	Not Applicable	Not Applicable	75	100	0	0	0	50
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 sq m, 1 acre = 4047 sq m.

602.7         OFF-STREET PARKING AND LOADING REQUIREMENTS: Off- street parking and loading requirements within the C-2 General Commercial District shall be in conformance with the provisions of Sections 801 and 806 of these Regulations.

602.8         FENCES AND RETAINING WALLS: Fences and retaining wall requirements within the C-2 General Commercial District shall be in conformance with the provisions of Section 802 of these Regulations.

602.9         LANDSCAPING REQUIREMENTS: Landscaping requirements within the C-2 General Commercial District shall be in conformance with the provisions of Section 805 of these Regulations.

602.10       SIGN REQUIREMENTS: Sign requirements within the C-2 General Commercial District shall be in conformance with the provisions of Chapter 10 of these Regulations.

603.1         INTENT. The zoning of property as BP, Business Park District, is intended to allow a mix of office, light industrial and limited retail and service uses in a planned business park setting. This district is a planned zoning district designed to provide high-quality development with increased amenities.

603.2         PRINCIPLE PERMITTED USES AND STRUCTURES. The following shall be permitted uses by right in the B-P Business Park District:

1.     Any public or land use by any department of the City, county, state or federal government.

2.     Motel/Hotel.

3.     Automotive Sales.

3a.   Agricultural Equipment Sales and Service.

4.     Automotive Wash.

5.     Automotive Repair – Minor and Major, provided all work shall be performed and all materials stored within an enclosed building.

6.     Light Commercial.

7.     Display or catalog showrooms.

8.     Manufacturing, processing, fabricating or assembling of any commodity except junk or salvage.

9.     Warehousing, wholesaling or storage of any commodity except junk or salvage.

10.   Laboratories.

11.   Printing and publishing.

12.   Photographic processing facilities.

13.   Radio and television broadcasting stations.

14.   Self-storage warehouses, or mini storage facilities.

15.   Private storage sheds/buildings.

16.   Building and construction contractor services, including display areas.

17.   Veterinary small animal hospitals and clinics.

18.   Colleges and universities.

19.   Business and trade schools.

20.   Convention centers.

21.   Auditoriums and conference facilities.

22.   Commercial pick-up and delivery services.

23.   Health or exercise clubs.

24.   Furniture and home furnishings.

25.   Carpet and floor coverings.

26.   Paint and wallpaper.

27.   Plumbing and electrical supplies.

28.   Gymnastic and dance studios.

29.   Research establishments of industrial, medical or scientific nature.

30.   The following uses are permitted provided the sales and display floor area shall not exceed 25% of the gross floor area of the main use, and in no event shall such areas exceed 7,500 square feet.

a..    Sales of commodities manufactured, processed, fabricated, assembled, warehoused or stored on the premises.

b.    Business machines or office supplies; sales and repair.

c.     Appliances; sales and repair.

d.    Electronics; sales and repair.

e.     Art galleries and studios.

31.   Accessory uses and structures customarily incidental to the principal use and/or structure shall be permitted subject to all necessary permits and approvals, and other applicable requirements. Certain accessory uses or structures are subject to special conditions or limitations.

32.   Uses not specifically listed may be considered for inclusion by the Planning Commission WITH A CONDITIONAL USE PERMIT.

603.3.        SIGN REQUIREMENTS; Sign requirements within the B-P Business Park District shall be in conformance with the provisions of Chapter 10 of these Regulations.

603.4         HEIGHT AND AREA REGULATIONS. The maximum height of buildings and structures and the minimum dimensions of lots and yards shall be as follows:

1.     Maximum height:

A.    Buildings -- 40 feet.

B.    Structures other than buildings -- 100 feet, provided such structure is set back from all property lines a distance equal to or greater than its height.

2.     Minimum setbacks:

A.    For all buildings or structures the front yard setback shall be a minimum of 25 feet from any street right-of-way.

B.    For all buildings or structures the side and rear yard setback shall be a minimum of 25 feet from any peripheral property line except for a street right-of-way line or residentially zoned property.

3.     For all buildings or structures there shall be set back a minimum of 75 feet from the peripheral property line of any residentially zoned property, where such property is already developed for residential use or is designated residential on the City’s current Comprehensive Plan.

4.     For all buildings or structures the side and rear yard setback shall be a minimum of 15 feet from the lot line of any lot within the business park where such lot line does not abut a street right-of-way, peripheral property line or residentially zoned property,

5.     Parking areas may be placed adjacent to any internal street right-of- way except all parking areas abutting the property line of any residentially zoned property, where such property is already developed for residential use or is designated residential on the City’s current Comprehensive Plan shall be set back a minimum of 25 feet from.

6.     All parking areas shall be set back a minimum of 5 feet from any property line other than an internal street right-of-way line or residentially zoned property.

603.5         PARKING AND LOADING REGULATIONS.

1.     Requirement. Each establishment shall provide sufficient off-street parking spaces for all employees, customers, visitors and others who may spend time at the establishment during working hours. The number of such parking spaces shall be determined at the time of preliminary development plan approval. A portion of such parking may, in the discretion of the Planning Commission or Governing Body, be deferred at the time of preliminary development plan approval. Each establishment shall provide adequate loading space within a building or in a side or rear yard, in such a way that all storage, standing and maneuvering of trucks shall be off the public right-of-way.

2.     Entrances/Exits. Parking lot entrance and exit locations and design shall be reviewed and approved by the planning commission. Entrances and exits shall also conform to the following:

A.    Clear site triangle shall be provided and maintained on both sides of entrances and exits. The limits of the site triangle and the dimensions may vary due to street widths and speed; the site triangle limits shall comply with current zoning standards. Any plantings, signage, walls or structures within the site triangle shall not exceed forty (40) inches in height.

B.    Entrances and exits shall be located as far as possible from street intersections. Exact distances are determined on a case-by-case basis.

C.    Parking and loading spaces, including maneuvering areas may be located no closer than the right-of-way line of any public way.

3.     Paving, Slope and Drainage. All parking lots and driveways shall be surfaced with a minimum thickness of 2 inches of asphalt, concrete or other suitable material, over a minimum thickness of four inches of an aggregate base material. Parking lots shall be designed to facilitate proper drainage and shall not drain over any sidewalk, driveway or adjacent property.

4.     Curbing and Wheel Stops. Concrete curbing at least six inches tall and six inches wide shall be provided around all perimeter areas and around all landscape areas to define the edges of the parking lot and to protect landscaping. Wheel stops are required to protect buildings and walkways,

5.     Maintenance. Maintenance of asphalt paved lots will prolong the useful life of the overlay, provide continuous safe use of the space and project a positive image of the business park. Cracks shall be cleaned, prepped and filled with a rubberized patching compound annually. Damaged areas (potholes) shall be repaired as soon as possible to minimize further damage. Seal coating may be required every four (4) to five (5) years.

6.     Striping. Parking spaces shall be clearly marked with paint striping a minimum of 4 inches in width. Double striping is recommended, although single striping is acceptable. Other markings and signage shall be provided to show circulation patterns.

7.     Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of the structure, Lighting shall be installed so as not to cause a nuisance to adjoining properties.

8.     Accessibility. Handicapped parking spaces shall be provided and designed per requirements contained in the ICC/ANSI Al I7.1.

9.     See Chapter 8 for additional requirements.

603.6         DEVELOPMENT AND PERFORMANCE STANDARDS.

1.     The minimum parcel size of property to be rezoned District BP shall be 15 acres.

2.     No building or structure shall hereafter be erected, constructed, reconstructed, moved or altered and no other use shall be permitted without the Planning Commission’s approval of a preliminary development plan.

3.     All operations shall be conducted within a fully enclosed building.

4.     There shall be no outside storage of materials, products or equipment, other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the preliminary development plan.

5.     Fencing, screening and landscaping are not specifically required. While considering the preliminary development plan they may, however, become a conditional requirement of the Planning Commission on a case by case basis.

A.    Fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the development.

B.    Landscaping related to the site shall be planned and presented to the Planning Commission together with other required plans for the development. A planting plan showing various vegetative plantings shall be prepared for the entire site to be developed. A grading and drainage plan shall also be submitted to the Planning Commission with the preliminary development plan.

6.     No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringlemann No. 1, except that smoke darker than Ringlemann No. 2 is permissible for a duration of not more than 4 minutes during any 8-hour period if the source of such emission is not located within 250 feet of residentially zoned property.

7.     No use may generate any ground-transmitted vibration in excess of .10 inches per second at the property line or in excess of .02 inches per second measured at any residential property line. These values may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

8.     Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one foot- candle (meter reading) as measured from the center line of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 foot-candles (meter reading) as measured from said property line.

9.     No heat from furnace processing equipment or other device shall be sensed at the lot line or property line to the extent of raising the temperature of air or materials more than 5 degrees Fahrenheit.

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

11.   No odor shall be permitted at any lot line or property line exceeding the lowest amount set forth in Table Ill (Odor Thresholds) of Chapter 5, “Physiological Effects,” of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds described therein. For compounds not described in Table Ili, odor thresholds may be established by methods indicated in Chapter 5 of the manual and no odor shall be permitted at any lot line or property line exceeding the amount determined by the application of such methods.

12.   No activity shall  be  permitted  that  creates  any  electrical  disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or which otherwise causes, creates, or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

13.   No loading dock shall be permitted to face any street unless a screening plan therefor is approved as part of final plan approval.

14.   If testing is required to determine an appropriate level of any of the performance standards outlined in this section, the cost of the testing shall be borne by the property owner.