[Ord. No. 1007 §16-210, 1-24-2001; Ord. No. 1012 §1, 6-27-2001; Ord. No. 1091 §§1 — 3(App. A §410.070), 9-24-2003; Ord. No. 1273 §4, 8-20-2008; Ord. No. 1304 §7, 10-21-2009]
A.
Permitted Uses. In District "C-O", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1.
Any use permitted in "R-4".
2.
Office buildings to be used only for the administrative functions
of companies, corporations, social or philanthropic organizations
or societies.
3.
Other offices limited to the following:
a.
Accountants.
b.
Advertising.
c.
Architects.
d.
Brokers.
e.
Dentists, dental laboratories in conjunction with dentists and oral
surgeons, oral surgeons.
f.
Employment agencies.
g.
Engineers.
h.
Lawyers.
i.
Physicians, osteopaths, chiropractors, optometrists, psychologists.
j.
Real estate and insurance.
k.
Telephoning business and telephone answering services.
l.
Travel agencies.
m.
Barber and beauty shops.
4.
Mortuaries.
5.
Radio and television studios.
6.
Day care home and centers.
7.
Customary accessory uses. No merchandise shall be
handled or displayed except inside buildings and no equipment or vehicle
other than motor passenger cars shall be stored outside a building
in this district.
C.
Height. Buildings or structures located in District "C-O"
shall not exceed two and one-half (2½) stories in height. Buildings
or structures located within District "CP-O" shall have no minimum
or maximum height requirements except as governed by yard requirements
and provided approval is given by the City during rezoning and final
development plan approval process.
D.
Front Yard. The minimum front yard shall be not less than
thirty (30) feet.
E.
Side Yard. There shall be a side yard on each side of a
building of not less than seven (7) feet for one-story buildings,
ten (10) feet for two-story buildings and fifteen (15) feet for two
and one-half-story buildings. Not less than fifteen (15) feet shall
be provided on the street side of a corner lot up to two and one-half
(2½) story buildings. Buildings in excess of two and one-half
(2½) stories in height shall provide a side yard on the street
side of a corner lot equal to half of the average height of the building
above finish grade. Such side yard need not be greater than the required
front yard.
F.
Rear Yard. The depth of the rear yard shall be at least
thirty (30) feet.
G.
Requirements For Dwellings. See corresponding District "R-4".
H.
Parking Regulations. The parking lot shall not be closer to the street right-of-way than one-half (½) of the front yard or street side yard requirements, nor closer than six (6) feet to the interior or rear lot lines. (See Chapter 425 for additional parking requirements. Also see Chapter 420, Article II, Section 420.020 et seq., for prohibited uses.)
I.
Noise Regulations. In no case shall a noise level exceed
sixty (60) db (A) at repeated intervals or for a sustained length
of time measured at the property lines.
J.
All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-211, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.080), 9-24-2003; Ord. No. 1273 §5, 8-20-2008; Ord. No. 1304 §8, 10-21-2009]
A.
Permitted Uses. In District "C-1", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1.
Shops and stores for sale at retail of food and beverages for human
consumption, soft goods such as clothing and shoes, drugs and cosmetics,
furniture and appliances, printed materials, notions, hardware, paint,
wallpaper, kitchenware, toys and sporting goods, jewelry, gifts and
novelties, flowers, tobacco products, photographic equipment, antiques,
art, artists and hobby supplies, musical instruments, music supplies,
medical supplies, bicycles, newspapers, books, stationery, office
equipment and supplies, package liquor stores, candy stores, ice cream
parlor (inside service), juice bar, leather goods store, luggage shop,
mail order store, millinery or hat shop, pastry shop, pottery (no
kiln), ceramics, ornamental metal, fireplace screens and accessories,
lighting fixtures, household merchandise and furnishings, glass shop,
small appliance repair shop.
2.
Service such as professional offices, banks, savings and loan associations,
insurance, barber and beauty shops, schools, optical shops, seamstress
and tailoring, dry cleaning and laundry pickup, coin-operated and
dry cleaning operations classed as low hazard in the applicable codes,
eating establishments, interior decorator, photographer, shoe repair
clinics, medical or dental, reducing salon, dancing schools, music
studios. Day care homes and centers.
3.
Post offices, public or privately owned utility offices and telegraph
offices.
4.
Accessory uses customarily incident to the normal operation of the
above uses, including parking lots as provided in this Title.
B.
Performance Standards. The following standards shall not
be exceeded by any use in this district:
1.
No wholesale sales shall be conducted.
2.
No merchandise or equipment shall be stored or displayed outside
a building.
3.
All products shall be sold and all services rendered inside a building
except that banks and savings and loan establishments may have a drive-up
or walk-up service window.
4.
No smoke, radiation, vibration or concussion, heat or glare shall
be produced that is perceptible outside a building and no dust, fly
ash or gas that is toxic, caustic or obviously injurious to humans
or property shall be produced.
5.
In no case shall the noise level exceed sixty (60) db (A) at repeated
intervals or for a sustained length of time measured at the property
line.
D.
Height. Buildings or structures shall not exceed two (2)
stories, except that in a District "CP-1", no building or structure
shall exceed forty (40) feet in height.
E.
Front Yard. A front yard of not less than fifteen (15) feet
shall be provided for one- and two-story buildings and fifteen (15)
plus five (5) feet for each story over two (2) in "CP-1" Districts.
F.
Side Yard. No side yard is required except that where a
side line of a lot in this district abuts upon the side line of a
lot in a District "R-1" to "C-O" inclusive, a side yard shall then
be provided the same as required in the district it abuts. A side
yard of fifteen (15) feet shall be provided on the street side of
a corner lot containing a one- or two-story building. In District
"CP-1", fifteen (15) feet plus three (3) feet for each story over
two (2).
G.
Rear Yard. No rear yard is required unless for a utility
or drainage easement except that where a rear line of a lot in this
district abuts land in a District "R-1" to "C-O" inclusive, a rear
yard of not less than ten (10) feet shall then be provided in this
district.
H.
Parking Regulations. The parking lot shall not be closer to the street right-of-way than one-half (½) of the front yard or street side yard requirements, nor closer than six (6) feet to the interior or rear lot lines. See Chapter 425 for additional parking requirements.
I.
All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-212, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.090), 9-24-2003; Ord. No. 1273 §6, 8-20-2008; Ord. No. 1304 §9, 10-21-2009]
A.
Purpose And Intent. This business district is for the purpose
of permitting, regulating and encouraging retail and service establishments
which serve a broad section of the general public. Products and services
offered are of the type where the consumer enters one (1) or more
places of business to accomplish his/her purpose, where several business
transactions may be conducted without using a motor vehicle and where
contiguous storefront and display window architecture is the rule.
Customer and employee parking is common on nearby streets or parking
lots that do not interrupt building continuity but which offer convenient
walking distances and good access to customer's destinations. No drive-in
or drive-through operations are allowed except where they would be
remote from pedestrian traffic. No automotive services are permitted
and no automotive products sold except that small scale carry-out
items that are not installed, repaired or rebuilt on the premises
may be sold over the counter.
B.
Permitted Uses.
1.
Retail stores selling soft goods, clothing, leather goods, health
aids, eye glasses, toys, jewelry, cosmetics, printed materials, glassware,
home furnishings, office supplies and equipment, art and art accessories,
pharmaceuticals, appliances, hardware, antiques, audio-visual and
athletic equipment, sporting goods, bicycles, light fixtures and general
department store merchandise.
2.
Retail stores selling food products for human consumption, package
liquor and cereal malt beverages.
3.
Services limited to the practice of medicine, law, engineering, architecture,
medical arts licensed by the State of Kansas, barbers, hairdressers,
cosmetology, health centers, financial services, computer services,
brokers, insurance and similar agents, consultants, counseling, photographers,
printers and publishers, formal clothing rental, governmental activities,
portal and parcel services, public and private entertainment and recreation,
dry cleaning, tailoring, taxidermy, coin-operated laundry, locksmith,
interior decorator, picture framing, travel agencies and offices of
all types.
4.
Restaurants where the customer normally remains within the building
while consuming his/her food. Prepared food may be carried out, provided
the purchase takes place within the restaurant. Prepared food may
be delivered by an employee of the restaurant.
5.
Other sales and services that are similar to those listed above and
meeting the general intent of this Chapter.
C.
Development Standards. A building permit for construction,
reconstruction or alteration of a building or structure in this district
shall not be issued until the following procedures are completed and
conditions met:
1.
The height, bulk and setback of the proposed building or portion
thereof shall be in harmony with any existing buildings adjacent within
one hundred (100) feet.
2.
The architectural style, materials and visual quality shall be in
harmony with, but not necessarily the same as, adjacent existing buildings.
3.
Canopies extending over sidewalks and other pedestrian ways shall
be provided where feasible and shall be designed as an integral part
of the building and in keeping with any adjacent or nearby canopies
to the end that continuous canopies throughout a block will eventually
exist for the protection of the pedestrian public. Whether or not
a canopy will be installed and its general design and dimensions shall
be determined at the plan review stage.
4.
Where storefronts are aligned generally along or generally parallel
to a street right-of-way line, no parking or other paved surface shall
interrupt said building frontage except that pedestrian plazas, malls
or walkways leading to the interior of block may be provided.
6.
All rooftop or ground-mounted mechanical equipment and any trash
bins shall be permanently and securely screened by architectural materials
harmonious with the building.
D.
Performance Standards. Establishment within this district
shall be operated and maintained in conformance with the following
standards:
1.
All buildings, signs and open spaces shall be continuously maintained
in a clean, neat and uncluttered fashion.
2.
All merchandise or other products or equipment placed, displayed
or kept outside a building shall not interfere or impede pedestrian
traffic (including wheelchair traffic) and in no event extend into
or on a street right-of-way.
3.
No establishment or occupant shall produce noise, odor, fumes, vibration
or commotion that is offensive, hazardous or unsafe to persons in
the vicinity thereof.
4.
All solid waste, trash or debris shall be kept in suitable covered containers until removed from the premises. Such containers shall be kept within the building or in an enclosure as required in Subsection (C)(6) above.
5.
In no case shall the noise level exceed sixty (60) db (A) at repeated
intervals or for a sustained length of time measured at the property
line.
E.
Height And Area.
1.
Height. In general, the height of buildings shall
be governed by the height of adjoining and nearby buildings, the size
of the lot upon which it is located, the setback from property and
street lines, the availability of parking spaces for customers and
employees and the anticipated type of occupancy. Buildings designed
for retail sales and general services shall not exceed one (1) story
in height, two (2) stories being allowed on land having a substantial
natural slope. Office buildings may have a height up to one hundred
forty-four (144) feet provided buildings over two (2) stories shall
provide on-site parking as required below.
Nothing herein shall prevent the occupancy of the first (1st)
floor of a building by retail and general services that are otherwise
permitted in this district, which building is otherwise occupied by
office uses.
2.
Front yard setback.
a.
No front yard is required for buildings of one (1) or two (2) stories
in height. Setbacks of buildings from the right-of-way line of Johnson
Drive will be allowed only to create minor pedestrian spaces or special
architectural effects, to align with existing buildings or, in the
case of an entire block of frontage, to provide for a landscape setting.
b.
Buildings in excess of two (2) stories in height shall provide a
setback in keeping with the size, bulk and anticipated occupancy of
the building, said setback to be determined at the plan review stage.
3.
Side and rear yard setback. Side and rear yards
are required only where necessary to provide a minimum standard right-of-way
for an abutting public street or sidewalk or where a lot in this district
abuts a lot in a District "R-1" to "C-O" inclusive, a side or rear
yard of twenty-five (25) feet shall be provided in this district.
F.
Off-Street Parking.
1.
Buildings hereafter constructed, reconstructed or altered on lots
which face upon or abut Johnson Drive in the following locations shall
not be required to provide on-site parking.
2.
Provided further, that in order to be entitled to construct, reconstruct
or alter a building on a lot or lots within this described district
without providing on-site parking area, the following conditions shall
be met:
a.
The building and its occupants shall be in full conformance with
all of the requirements of this district.
b.
The building shall be one (1) story in height.
c.
The construction, reconstruction or alteration will not reduce the
number of parking spaces that exist on the premises to less than the
number required in this Title.
3.
Off-street parking for buildings outside the above-described area or exceptions to Subsection (F)(1) hereof as described in Subsection (F)(2) hereof shall be provided as indicated in Chapter 425. Such parking shall be on the premises and the back of the curb surrounding the paved area shall not be closer than six (6) feet to a property line.
G.
All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-213, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.100), 9-24-2003; Ord. No. 1142 §5, 12-8-2004; Ord. No. 1163 §1, 6-8-2005; Ord.
No. 1273 §7, 8-20-2008; Ord. No. 1304 §10, 10-21-2009]
A.
Purpose And Intent. This business district is for the purpose
of permitting, regulating and encouraging retail and service establishments
which serve a broad section of the general public. Products and services
offered are of the type where the consumer enters one (1) or more
places of business to accomplish his/her purpose or where he/she may
remain in an automobile while conducting business. Customer and employee
parking is commonly on the premises. The sale and servicing of motor
vehicles may be permitted including auto parts, gasoline service stations,
car washes and quick-lube shops. In addition, this district is suitable
for such non-pedestrian oriented businesses as plumbing and heating
shops, repair shops and supermarkets.
B.
Permitted Uses.
1.
Any use permitted in District "C-2A".
2.
Shops and stores for retail trade, custom work, sign shops, plumbing,
heating, air-conditioning shops, rental stores, lawn and garden products
and accessories, automotive supplies and accessories, bicycle and
motorcycle sales and service, small equipment and appliance repair,
wholesale offices or sample rooms, repair shops, bakeries, frozen
food lockers for retail use, greenhouse products, dry cleaning and
laundry establishments, automotive supplies and accessories, motorcycle
sales and service, domestic pet sales, product sales and services,
repair shops for small appliances, printing and publishing, pickup
and delivery services.
3.
Muffler and quick-lube shops.
4.
Service such as assembly halls, commercial recreation, bus and other
transportation terminals, small animal clinics, vocational or trade
schools, philanthropic and eleemosynary activities, private clubs
and fraternal organizations. Day care homes and centers.
5.
Recreation establishments, amusement centers, arcades, pinball machines,
air hockey, foosball and similar coin-operated amusement games. Theaters.
6.
Automobile sales agency, including maintenance connected therewith.
Automobile car lot, including trucks, trailers, for sale or rental.
Automobile repair and service shops. Car wash. Gasoline service station
and auto repair. Drive-in/drive-through restaurants or other places
where ready-to-eat food is served for consumption on the premises
in a vehicle or to be conveyed to a customer in a vehicle to be consumed
off the premises.
7.
Accessory uses customarily incident to the normal operation of these
uses. Note: Automobile sales or rental lots and services shall not
be permitted as an accessory or subordinate special use to any business.
8.
Other sales and services that are similar to those listed above.
C.
Development Standards. A building permit for construction,
reconstruction or alteration of a building or structure in this district
shall not be issued until the following procedures are completed and
conditions met:
1.
The height, bulk and setback of the proposed building or portion
thereof shall be in harmony with any existing buildings adjacent within
one hundred (100) feet.
2.
The architectural style, materials and visual quality shall be in
harmony with, but not necessarily the same as, adjacent existing buildings.
3.
Off-street parking and loading areas on the premises are required
in this district and all such parking provided on private property
shall be paved, striped, contain a reasonable level of landscaping
and screening and surface water shall be handled in accordance with
City standards.
Loading docks, exclusive delivery areas or overhead doors for
receiving materials or stock in trade are not allowed on the front
of a building.
4.
All rooftop or ground-mounted mechanical equipment and any trash
bins shall be permanently and securely screened by architectural materials
harmonious with the building.
D.
Performance Standards. Establishments within this district
shall be operated and maintained in conformance with the following
standards:
1.
All buildings, signs and open spaces shall be continuously maintained
in a clean, neat and uncluttered fashion.
2.
No establishment or occupant shall produce noise, odor, fumes, vibration
or commotion that is offensive, hazardous or unsafe to persons in
the vicinity thereof.
3.
All solid waste, trash or debris shall be kept in suitable covered containers until removed from the premises. Such containers shall be kept within the building or in an enclosure as required in Subsection (C)(4) above.
4.
Generally all sales will be conducted within buildings. Rental shops
will be permitted to have a screened yard that will not be a part
of the required parking but will be in addition thereto.
5.
No noise, smoke, radiation, vibration or concussion, heat or glare
shall be produced that is perceptible outside a building and no dust,
fly ash or gas that is toxic, caustic or obviously injurious to humans
or property shall be produced.
6.
In no case shall the noise level exceed sixty (60) db (A) at repeated
intervals or for a sustained length of time measured at the property
lines.
7.
Auto sales shall be limited to those businesses providing a minimum
of fifteen (15) units for sale on site.
E.
Height And Area.
1.
Height. No building shall exceed thirty-five (35)
feet in height, provided further that the design of the building facade,
roof, setback, lot size and other conditions shall be taken into account
in the plan review process.
2.
Front yard setback. A front yard of not less than
fifteen (15) feet shall be provided.
3.
Side yard setback. No side yard is required except
that where a side line of a lot in this district abuts a District
"R-1" to "C-O" inclusive, a side yard shall be provided the same as
required in the adjoining district. A side yard of not less than fifteen
(15) feet shall be provided on the street side of a corner lot.
4.
Rear yard. No rear yard is required except that
where a rear line of a lot in this district abuts land in a District
"R-1" to "C-O" inclusive, a rear yard of not less than twenty-five
(25) feet shall then be provided in this district.
F.
All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-214, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.110), 9-24-2003; Ord. No. 1142 §6, 12-8-2004; Ord. No. 1273 §8, 8-20-2008; Ord. No. 1304 §11, 10-21-2009]
A.
Permitted Uses. In District "C-2", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1.
Any use permitted in District "C-1".
2.
Shops and stores for retail trade, shops for custom work, sign shops,
plumbing, heating and air-conditioning shops with no merchandise displayed
or stored outside of building, rental shops, wholesale offices or
sample rooms, repair shops, bakeries, frozen food lockers for retail
use, greenhouse products, dry cleaning and laundry establishments,
automotive supplies and accessories, motorcycle sales, pet shops,
repair shops for small appliances, printing and publishing, pickup
and delivery services.
3.
Assembly halls, fraternal orders and philanthropic institutions,
charity and welfare services, bus passenger stations, veterinary hospitals,
vocational and trade schools, services such as private clubs, other
than such clubs where alcoholic beverages are consumed.
4.
Automobile sales agency, including maintenance connected therewith.
Automobile car lot, including trucks, trailers, for sale or rental.
Automobile repair and service shops. Car wash. Dog kennel. Gasoline
service station and auto repair. Drive-in/drive-through restaurants
or other places where ready-to-eat food is served for consumption
on the premises in a vehicle or to be conveyed to a customer in a
vehicle to be consumed off the premises.
5.
Recreation establishments, amusement centers, arcades, pinball machines,
air hockey, foosball and similar coin-operated amusement games. Theaters.
6.
Accessory uses customarily incident to the normal operation of these
uses including parking lots and signs. Note: Automobile sales or rental
lots and services shall not be permitted as an accessory or subordinate
special use to any business.
B.
Performance Standards.
1.
Generally all sales will be conducted within buildings. Rental shops
will be permitted to have a screened yard that will not be a part
of the required parking but will be in addition thereto.
2.
Shops doing custom work will be limited to mechanical power reasonably
necessary for the operation of any one (1) shop.
3.
No noise, smoke, radiation, vibration or concussion, heat or glare
shall be produced that is perceptible outside a building and no dust,
fly ash or gas that is toxic, caustic or obviously injurious to humans
or property shall be produced.
4.
In no case shall the noise level exceed sixty (60) db (A) at repeated
intervals or for a sustained length of time measured at the property
lines.
5.
Auto sales shall be limited to those businesses providing a minimum
of fifteen (15) units for sale on site.
D.
Height. Buildings or structures shall not exceed three (3)
stories in height, except that in District "CP-2", buildings and structures
shall not exceed one hundred forty-four (144) feet in height.
E.
Front Yard. A front yard of not less than fifteen (15) feet
shall be provided for buildings not exceeding two (2) stories in height
and a front yard of not less than fifteen (15) feet plus three (3)
feet for each story in excess of two (2).
F.
Side Yard. For buildings not exceeding three (3) stories,
no side yard is required except that where a side line of a lot in
this district abuts District "R-1" to "C-O" inclusive, a side yard
shall be provided the same as required in the adjoining district.
A side yard of fifteen (15) feet shall be provided on the street side
of a corner lot. If the building height exceeds two (2) stories, the
side yard next to the street shall be increased by two (2) feet for
each story in excess of two (2).
G.
Rear Yard. No rear yard is required unless for a utility
or drainage easement except that where a rear line of a lot in this
district abuts land in a District "R-1" to "C-O" inclusive, a rear
yard of not less than ten (10) feet shall then be provided in this
district.
H.
Parking Regulations. The parking lot shall not be closer to the street right-of-way than one-half (½) of the front yard or street side yard requirements, nor closer than six (6) feet to the interior or rear lot lines. (See Chapter 425 for additional parking requirements. Also see Chapter 420, Article II, Section 420.020 et seq. for prohibited uses.)
I.
Restriction On Rezonings. The provisions of this Section
apply to land currently zoned "C-2" or "CP-2". No new land shall be
zoned "C-2" or "CP-2". Future zoning shall be "CP-2A" or "CP-2B".
J.
All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
