10.1. Purpose
The purpose of this article is to provide limitations, conditions, adjustments, or design requirements for a limited number of defined uses. Such standards are intended to enhance compatibility between those and other land uses or specify exceptions to minimum/maximum requirements under certain conditions. As provided in this article, specific use standards shall be required either in addition to or in lieu of otherwise applicable requirements.
10.2. Duplexes, Single-Family Attached
In addition to other applicable requirements, the following provisions shall apply when permitted by conditional use within single-family subdivisions zoned R-1.
A. Shall not be interspersed amongst individual lots occupied by single-family detached dwellings.
B. Shall be platted in groups containing at least four (4) contiguous lots. Each group must be in a location meeting one or more of the following conditions:
1. Around a cul-de-sac.
2. On a street with duplexes or R-2 zoning on the opposite street frontage.
3. On a street with multi-family or non-residential zoning on the opposite street frontage.
C. Architectural style and exterior siding materials shall be consistent with single-family detached dwellings in same subdivision or immediate vicinity.
10.3. Earth Sheltered Homes
In addition to other applicable requirements, the following provisions shall apply.
A. Such shall be fully complete and fully functional residential structures. In no case shall a partially completed structure, foundation or substructure intended to support a completed structure, be considered an earth sheltered home.
B. Shall include any single-family structure having fifty percent (50%) or more of the exterior surface area of the building covered with earth, excluding garages and other accessory or attached structures. Bulk regulations shall be measured from the exterior structure, not the earth covering.
C. Architectural style and exterior siding materials of uncovered structure shall be consistent with other single-family detached dwellings in same subdivision or immediate vicinity.
10.4. Tattoo & Body Piercing Studios
In addition to other applicable requirements, the following provisions shall apply.
A. No body art activities (tattooing, body piercings, etc.) shall be viewable from waiting/reception areas or outside the primary structure.
B. Shall not be located within two-hundred and fifty (250) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; public parks or libraries; bars, taverns, or night clubs.
C. These standards shall not apply to establishments that offer only facial tattooing or piercing.
10.5. Golf Courses & Country Clubs
In addition to other applicable requirements, the following provisions shall apply.
A. Applicable provisions of Article 09 shall apply only to developed areas occupied by pro shops, club houses, retail/commercial structures, offstreet parking or loading, outdoor storage, swimming pools, golf driving ranges, and non-golf sport courts.
1. Such areas shall be:
a. Located in a contiguous grouping, to the extent practical.
b. Platted as a separate lot or lots, or specifically designated on site plans.
B. Outdoor lighting installations shall not be located outside of the developed areas, except that minimal lighting may be installed along cart paths and walkways, provided:
1. Fixtures are installed at a height no greater than twelve (12) feet.
2. Only “fully shielded” or “full cutoff” light fixtures may be installed.
3. Fixtures shall be equipped with motion detector shut off controls.
C. All on-premise structures shall be of consistent architectural style and exterior siding materials.
10.6. Recreation, Sport & Amusement Centers
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be located adjacent to and have direct access to an arterial street or highway.
B. Shall not be located within one-thousand (1,000) feet of property zoned R-1, R-2 or R-3.
C. The Planning Commission or City Council may place reasonable limits on operating hours as a condition of approval.
D. Applicable provisions of Article 09 shall apply only to developed areas occupied by retail/commercial structures; outdoor recreation, sport or amusement facilities and equipment; offstreet parking or loading; and outdoor storage. Such areas shall be:
1. Located in a contiguous grouping, to the extent practical.
2. Platted as a separate lot or lots, or specifically designated on site plans.
E. Outdoor lighting installations shall not be located outside of the developed areas described in Section 10.06.D. Lighting in such areas shall be “fully shielded” or “full cutoff” light fixtures. Provided that expansive open areas, such as golf driving ranges, may be illuminated with flood lights:
1. Aimed down and inward toward the area.
2. Equipped with shut off controls that turn lights off during non-operational hours.
10.7. Shooting Ranges, Indoor
In addition to other applicable requirements, indoor shooting ranges shall be sited, designed, and operated according to applicable provisions of Kansas state law (KSA 58-3221 to 3225) and published industry best practices including, but not limited to noise attenuation.
A. Exterior lights shall be shielded to reflect or direct light away from adjacent properties.
B. All driveways, parking, loading and vehicle circulation areas shall be paved with concrete or asphalt.
10.8. Shooting Ranges, Outdoor
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be sited, designed, and operated according to applicable provisions of Kansas state law (KSA 58-3221 to 3225) and published industry best practices including, but not limited to noise attenuation.
B. Shall not be located within 2,500 feet of property zoned R-1, R-2 or R-3.
C. The Planning Commission or City Council may place reasonable limits on operating hours as a condition of approval.
D. Flood light installations in outdoor shooting range areas shall be aimed down and inward toward the area and equipped with shut off controls that turn lights off during non-operational hours.
E. Shall be exempted from hard surface paving requirements, as regulated per Section 07.05.D.2.
10.9. Automotive Repair Shops
In addition to other applicable requirements, the following provisions shall apply.
A. Outdoor storage shall not be allowed. This includes inoperable vehicles and vehicle fluid containers that are not stored within a garbage dumpster or liquid waste enclosure.
B. Automotive repairs shall be conducted inside the principal building.
C. Service bays shall not face local or collector street frontages.
10.10. Car Washes
In addition to other applicable requirements, the following provisions shall apply to all car washes as a primary use or as a secondary use.
A. Sites shall meet the hard surface paving requirements of Article 07.
B. In addition to offstreet parking and loading requirements, all wash bays shall have adjacent paved vehicle queuing lanes, at least the width of the bay openings, as follows:
1. Automated Wash Bays: One-hundred (100) feet at entrances, at least fifty (50) feet of which must be provided in straight alignment with the entrance; twenty-five (25) feet at exits.
2. Self-Service Wash Bays: Twenty-five (25) feet at entrances and exits.
C. Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures. As a primary use, sites and facilities that are unattended shall be equipped with motion detector shut off controls, except when entrances are gated to restrict access to facilities that close by 11:00 p.m.
D. When adjacent to residential land uses or zoning districts ( R-1, R-2, or R-3), the following shall also apply:
1. Shall provide a minimum setback of fifty (50) feet along lot lines subject to a compatibility buffer.
2. Vacuum cleaning apparatus shall not be located within any required setback area.
3. Visual buffers shall meet the requirements of Section 09.04, except that maximum vertical open space for any fence/wall section shall be five percent (5%).
10.11. Boarding Kennels
In addition to other applicable requirements, the following provisions shall apply.
A. Minimum lot size shall be five (5) acres for any boarding kennel having outdoor runs.
B. Outdoor runs, play yards, and open-air enclosures shall be setback a minimum of fifty (50) feet from any lot line; and shall be located a minimum of two-hundred (200) feet from any off-premise residential dwelling unit.
C. Areas developed with any boarding kennel structure, outdoor run, play yard, or open-air enclosure that are located within six-hundred (600) feet of a lot line, as measured from any exterior point of any such facility, shall be:
1. Buffered along a perimeter spaced no further than thirty (30) feet from any such facility, with a screening fence or landscaped screen consistent with the standards of Section 09.04 or Section 09.05 respectively.
2. Located in a contiguous grouping, to the extent practical; and specifically designated on site plans.
10.12. Automotive & Equipment Sales, Rental or Leasing; Manufactured Home Dealers
In addition to other applicable requirements, the following provisions shall apply.
A. All such areas having outdoor storage or display related to one of these uses shall be located on a lot of at least one (1) acre in area having arterial street frontage.
B. Primary ingress/egress shall be provided to the adjacent arterial street. No more than two (2) secondary driveways may access a local or collector street.
C. All offstreet parking, and outdoor vehicle/equipment storage or display areas shall be subject to hard surface pavement requirements of Article 07, except that manufactured home and heavy equipment sales shall be exempt, subject to other applicable paving requirements.
10.13. Home and Garden Centers
In addition to other applicable requirements, the following provisions shall apply.
A. Storage of merchandise available for sale shall be allowed outside of the principal structure as a Secondary Use subject to the following standards.
1. Shall be immediately adjacent, have direct access, and be attached to the principal structure.
2. Shall be enclosed by a screening fence or wall. The covering material may be semi-transparent to allow natural lighting, but must be sufficiently opaque to fully screen the area from view.
3. Shall have no more than two (2) openings equipped with gates of similar screening material. Individual openings shall not exceed ten (10) feet in width.
4. Shall not exceed ten percent (10%) of the principal structure’s gross floor area and shall comply with all yard requirements as if it were part of the principal structure.
5. Shall be counted as part of the principal structure for required offstreet parking calculations.
B. Additional outdoor display of merchandise for sale is allowed by-right on a temporary basis for seasonal merchandise, such as holiday tree sales. Such areas are subject to the following provisions:
1. Shall be limited to four (4) annual display periods, each lasting no longer than thirty (30) days.
2. Shall be identified on approved site plans.
3. Shall not utilize any required amount of offstreet parking or loading area.
4. Shall not exceed ten percent (10%) of the principal structure’s gross floor area.
5. No additional outdoor merchandise displays shall be approved by any other means.
10.14. Adult Retail Stores
In order to mitigate negative secondary effects of sexually oriented businesses, the following provisions shall apply in addition to other applicable requirements.
A. Shall be located within a freestanding building intended for single-tenant occupancy.
B. No merchandise shall be viewable from outside the structure or off-premise.
C. Shall not be located within five-hundred (500) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; public parks or libraries; residential land uses or zoning districts ( R-1, R-2 or R-3); bars, taverns, night clubs, or liquor stores; other sexually oriented businesses as defined in KSA 12-770.
D. Permitted signs shall be allowed on-premise only; no permitted sign shall be temporary, portable, freestanding, vehicle, or illuminated as defined in Article 07.
E. Shall be buffered along all property lines with a screening fence/wall at least six (6) feet in height, meeting the requirements of Section 09.04, with breaks allowed only for driveways and sight triangles.
10.15. Bars & Taverns; Brewpubs
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not be located within two-hundred and fifty (250) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; residential land uses or zoning districts ( R-1, R-2 or R-3).
B. Outdoor seating areas shall be allowed as an accessory use when located in B-1 or C-1 zoning, and as a conditional use when located in C-1 zoning, subject to the following:
1. Shall be required as a separate conditional use in C-1 zoning, in cases where the original conditional use approval did not include outdoor seating.
2. Shall be have a fence or barrier, which measures at least four (4) feet in height around the entire perimeter, the purpose of which is to delineate the area. Such barriers shall not be subject to screening design provisions of these regulations, but shall be required to meet all applicable provisions of any other federal, state, and local regulations.
3. Lighting in such areas shall be “fully shielded” or “full cutoff” light fixtures equipped with shut off controls to turn off lights during non-operational hours.
10.16. Multi-Tenant Lifestyle Centers; Shopping Malls; Strip Centers
In addition to other applicable requirements, the following shall only be allowed when developed in conjunction with an approved PDO zoning district.
A. All multi-tenant lifestyle centers and multi-tenant shopping malls.
B. All multi-tenant strip centers exceeding two (2) acres in area.
10.17. Outdoor Markets
In addition to other applicable requirements, the following provisions shall apply to outdoor markets allowed by-right or permitted by conditional use in any zoning district.
A. Shall not be conducted more frequently than once per week, for a period lasting longer than two (2) consecutive days, for a maximum twelve (12) consecutive hours in a day.
B. Shall not conduct activities or install facilities considered to be an amusement ride, ride device, circus, carnival, or similar without receiving the appropriate licenses and permits as required by City Code and other applicable state and federal agencies.
C. Shall only be allowed with an approved site plan that clearly identifies the following:
1. Approximate boundary locations and dimensions of the area being used.
2. Proximity to buildings, parking lots, right-of-ways, ingress/egress, and onsite circulation patterns.
3. Locations and descriptions of all signs, lighting, electrical and utility connections, and temporary structures or tents.
D. Outdoor markets that are secondary uses shall not:
1. Occupy any offstreet parking stalls that are required for the primary use.
2. Be permitted any permanent signs, but shall be allowed temporary signs as provided for the applicable zoning district, subject to issuance of a sign permit.
3. Install lighting in addition to that approved for the primary use.
10.18. Truck Stops
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be allowed only in conjunction with an approved PDO zoning district.
B. Shall be located on a lot of at least five (5) acres in area, which has a minimum of three-hundred (300) feet provided in both depth and width.
C. Shall not be located within one-thousand (1,000) feet, as measured between the closest points on any property line, of a lot zoned R-1, R-2 or R-3.
D. Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures.
E. Sites shall meet the hard surface paving requirements of Article 07, with the exception the required supplemental truck parking area, which may be surfaced in accordance with Section 07.05.D.2(c).
F. Storage tanks shall be underground and meet applicable state and federal regulations. In addition:
1. One (1) dedicated loading bay shall be provided on-premise adjacent to filling valve equipment in each storage tank area, subject to Article 07 design standards.
2. Fuel loading areas shall have pull-through truck access requiring no back-up maneuvers, and shall be arranged such that delivery vehicles do not extend into drive aisles or rights-of-way.
G. All on-premise areas intended only for passenger vehicle traffic shall meet applicable offstreet parking design standards of Article 07 and other applicable provisions of this article.
H. Minimum offstreet parking design standards of Article 07 shall be adjusted within all areas intended for heavy truck traffic as follows:
1. Truck fuel pump islands shall be setback a minimum of fifty (50) feet along all street frontages in zoning districts with lesser yard requirements. In addition, the following standards shall apply:
a. Minimum spacing between truck fuel pump islands, measured between the closest points at finished grade, shall be:
i. Thirty-two (32) feet between uncovered pump islands.
ii. Thirty-four (34) feet between pump islands under a shared canopy.
iii. Thirty-six (36) feet between pump islands under separate canopies.
b. Bollard protection shall be provided at the end of each island. Minimum bollard height is six (6) feet above grade. One or more bollards and a minimum width equal to that of the fuel pumps. Bollards shall not be required where canopy support columns offer the same degree of protection.
2. Truck fuel pump islands are not required to be located under a canopy; however, where provided, canopies shall be designed to the following standards:
a. Minimum Vertical Clearance: Fifteen (15) feet
b. Minimum Overhang (underside of canopy perimeter)
i. Fifteen (15) feet from the outer edge of pumps on sides parallel to pump islands
ii. Two (2) feet from the end of the pump island on sides perpendicular to pump islands
I. Allowable secondary/accessory uses are limited to those of the truck stop definition in Section 05.02 and the following, which shall be subject to all applicable standards of this article:
1. Passenger vehicle fuel pumps
2. One (1) restaurant of any type, which may include a drive-thru window
3. One (1) garbage dumpster and liquid waste container enclosure
4. One (1) automated car wash bay
5. One (1) truck wash facility
6. One (1) truck maintenance or repair facility
7. Other related uses as may be allowed within the approved PDO zoning district
10.19. Vehicle Fueling Stations; Fuel Pumps
In addition to other applicable requirements, the following provisions shall apply to all vehicle fueling stations (primary use) and fuel pumps (secondary use).
A. Shall be located on a lot of at least one-half (½) acre in area, which has a minimum of one-hundred and fifty (150) feet provided in either depth or width, regardless of zoning district regulations.
B. Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures.
C. Sites shall meet the hard surface paving requirements of Article 07.
D. Storage tanks shall be underground and meet applicable state and federal regulations. In addition:
1. One (1) dedicated loading bay shall be provided on-premise adjacent to filling valve equipment, subject to Article 07 design standards.
2. Fuel loading areas shall have pull-through truck access requiring no back-up maneuvers, and shall be arranged such that delivery vehicles do not extend into drive aisles or rights-of-way.
E. Minimum offstreet parking design standards of Article 07 shall apply, except that the minimum spacing between fuel pump islands, measured between the closest points at finished grade, shall be:
1. Twenty-two (22) feet between pump islands under separate canopies.
2. Twenty (20) feet between pump islands under a shared canopy.
F. Fuel pump islands shall be located under a canopy designed and shall meet the following standards:
1. Minimum Vertical Clearance: Thirteen feet six inches (13’6”)
2. Minimum Overhang (underside of canopy perimeter)
a. Ten (10) feet from the outer edge of pumps on sides parallel to pump islands
b. Two (2) feet from the end of the pump island on sides perpendicular to pump islands
3. Minimum Pump Island Setback: Thirty-five (35) feet along all street frontages in zoning districts with lesser yard requirements.
4. Bollard protection shall be provided at the end of each island. Minimum bollard height is five (5) feet above grade. One or more bollards and a minimum width equal to that of the fuel pumps. Bollards shall not be required where canopy support columns offer the same degree of protection.
5. Drive aisles and vehicle queuing areas provided for fuel pump islands shall not be allowed to satisfy offstreet parking requirements.
G. Vehicle fueling stations as a primary use shall be limited to the following allowable secondary uses:
1. One (1) garbage dumpster and liquid waste container enclosure
2. One (1) automated car wash bay
H. Fuel pumps as a secondary use, shall also be subject to the following provisions:
1. May include automated payment equipment, but shall not be developed as fully unattended facilities. Cashier/attendant kiosks shall not exceed three-hundred (300) square feet gross floor area. Limited retail sales of convenience goods shall be allowed, such as ice, snacks, beverages, cigarettes, motor oil, etc. This shall not include sales of cereal malt beverages, wine, or liquor.
2. Shall only be allowed in conjunction with the following primary uses defined in Article 05.
a. Automotive Repair Shops
b. Supercenters & Warehouse Clubs
c. Convenience Stores
d. Grocery Stores & Supermarkets
e. Grain & Feed Stores
10.20. Petroleum & Natural Gas Extraction
In addition to other applicable requirements, the following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.
A. Exemptions to these standards shall only be allowed when required by state or federal law.
B. Shall not be allowed within 2,500 feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
C. No outdoor lighting shall be allowed.
D. On-premise storage or disposal of well stimulation byproducts is prohibited. No fluids, wastewater, or wastewater solids may be stored or disposed of within the City of Rose Hill.
E. All approvals and permits needed to conduct oil and natural gas drilling operations in the State of Kansas must be received prior to zoning approval.
F. On-premise extraction operations shall be defined in an operational plan, which is attached to and submitted with the zoning site plan. The operational plan shall include:
1. Copies of all approvals and permits referenced in Section 10.20.E.
2. Operating times and conditions.
3. Operating procedures.
4. Emergency procedures for accidents, injuries, leaks, spills, natural disasters, fires, explosions, and similar occurrences requiring emergency actions.
G. Applicable provisions of Article 09 shall apply only to developed areas occupied by drilling/extraction equipment; offstreet parking; and outdoor storage. Such areas shall be:
1. Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.
2. Located in a contiguous grouping, to the extent practical.
3. Platted as a separate lot or lots, or specifically designated on site plans.
10.21. Quarries & Mines; Sand, Rock & Mineral Extraction Pits
In addition to other applicable requirements, the following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.
A. Exemptions to these standards shall only be allowed when required by state or federal law.
B. Shall not be allowed within 2,500 feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
C. All approvals and permits needed to conduct quarrying, mining, and applicable extraction operations in the State of Kansas must be received prior to zoning approval.
D. On-premise operations shall be defined in an operational plan, which is attached to and submitted with the zoning site plan. The operational plan shall include:
1. Copies of all approvals and permits referenced in Section 10.21.C.
2. Operating times and conditions. Operations shall be limited to weekdays between 6:00 a.m. and 8:00 p.m., with no operations allowed to occur on federal holidays.
3. Operating procedures.
4. Emergency procedures for accidents, injuries, leaks, spills, natural disasters, fires, explosions, and similar occurrences requiring emergency actions.
E. Applicable provisions of Article 09 shall apply only to areas utilized for offstreet parking; and outdoor storage. Such areas shall be:
1. Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.
2. Located in a contiguous grouping, to the extent practical.
F. Offstreet parking and outdoor storage areas shall not be used to store any tools, equipment, materials, or vehicles utilized off-premise, except for those driven daily by employees.
G. Shall be secured around the entire property perimeter with a security fence at least eight (8) feet in height. Such fences shall utilize chain link fencing to a height of at least six (6) feet and at least three (3) equally-spaced strands of barbed wire making up the remaining two (2) feet of required height.
H. Shall be platted prior to the issuance of any zoning or Building Permits. Approval of the plat shall be contingent upon meeting all applicable regulatory requirements for storm water drainage.
I. Recreational activities, such as boating, fishing, skiing, etc., shall not be allowed on-premise.
J. In addition to the above standards, the following shall apply to sand, rock, and mineral extraction pits:
1. The period of time the facility will be used for such operations shall be set at the time of conditional use approval. Subject to applicable extensions as provided in these operations, all on-premise operations shall cease after that period of time and all associated equipment and materials shall be removed within thirty (30) days.
2. The conditional use shall include a use transition plan for the site. Such shall provide a reasonable and feasible plan of action for transitioning the site to another viable land use allowed by these regulations. The required plat shall not be approved without being capable of accommodating such transition in land use.
3. Upon expiration of the conditional use, the Planning Commission shall initiate an application(s) for vacating the conditional use and rezoning to accommodate the use transition plan.
10.22. Sawmills
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not be allowed within 2,500 feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
B. Shall be located on a lot of at least five (5) acres in area.
C. The site shall be buffered along all perimeter lot lines with an earthen berm meeting the minimum requirements of Section 09.04.C, in addition to all other required conditions of Article 09.
D. The Planning Commission or City Council may enact reasonable operating hour restrictions as part of the conditional use approval.
10.23. Junk, Scrap & Salvage Yards; Vehicle & Equipment Storage Yards
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not be allowed within one-thousand (1,000) feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
B. Shall be located on lots of at least five (5) acres in area, except that vehicle and equipment storage yards shall have a minimum lot size of one (1) acre.
C. The site shall be buffered along all perimeter lot lines with screening fence/wall meeting the minimum requirements of Section 09.04.A, in addition to all other required conditions of Article 09. Such fences/walls shall be no less than eight (8) feet in height with a maximum of five percent (5%) vertical open space allowed along any given section between support posts/columns.
D. The Planning Commission or City Council may enact reasonable operating hour restrictions as part of the conditional use approval.
10.24. Self-Storage Units
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be located on lots of at least one (1) acre in area.
B. The site shall be buffered along all perimeter lot lines with screening fence/wall meeting the minimum requirements of Section 09.04.A, in addition to all other required conditions of Article 09. In addition, when adjacent to any lot zoned R-1, R-2 or R-3, such fences/walls shall have a maximum of five percent (5%) vertical open space allowed along any given section between support posts/columns.
C. The following activities shall be prohibited on-premise: automotive repair; music practice; human habitation; keeping of live animals; storage of hazardous materials; commercial or hobby metal fabrication or woodworking; business activities not conducted in association with on-premise operations of the self-storage use.
D. Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures equipped with motion detector shut off controls. Lighting fixtures shall not be installed at a height greater than sixteen (16) feet and shall not be located within thirty (30) feet of any property line.
E. Prefabricated shipping containers shall not be used for mini-storage facilities.
F. Sites shall meet the hard surface paving requirements of Article 07. Drive aisles between individual on-premise storage structures shall be a minimum width of twenty-four (24) feet.
10.25. Broadcast Towers
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not be allowed within the public right-of-way.
B. Shall not be guyed, except as required by applicable regulatory agencies by necessity as determined by a licensed structural engineer.
C. Shall be subject with all applicable provisions of Article 09 related to visual buffers and height compatibility, provided that the visual buffer requirements shall apply only to developed areas occupied by tower structures, offstreet parking, and outdoor storage. Such areas shall be:
1. Located in a contiguous grouping, to the extent practical.
2. Platted as a separate lot or lots, or specifically designated on site plans.
3. Enclosed within a screening fence/wall installed only around the perimeter of such facilities, and meeting the design standards for such found in Article 09. Guy cables and anchors of guyed towers may be located outside of the enclosed perimeter.
D. Shall have no nighttime, strobe, or obstruction lighting, except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies.
E. Outdoor lighting installations shall be allowed only within perimeter enclosures; shall be the minimum lighting necessary for reasonable site security. In addition:
1. Lighting fixtures shall be installed at a height no greater than twelve (12) feet.
2. Only “fully shielded” or “full cutoff” light fixtures may be installed.
3. Fixtures shall be equipped with motion detector shut off controls.
10.26. Wireless Communication Towers
In addition to other applicable requirements, the following provisions shall apply.
A. Shall have no nighttime, strobe, or obstruction lighting, except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies.
B. Such facilities located in the public right-of-way shall execute a franchise agreement with the City of Rose Hill. Conditional use approval for facilities located in the public right-of-way shall:
1. Allow the approval of no more than one (1) location with a single conditional use application, which shall be reviewed on its individual merits.
2. Upon review, any location deemed appropriate for installation shall be approved, provided in no case shall a conditional use be approved for any location in the public right-of-way that:
a. Disturbs the location of or compromises the function of any other street, street improvement, or traffic control device, existing or planned, located within the public right-of-way.
b. Disturbs the location of or compromises the function of any other public or private utility infrastructure, existing or planned, located in, under, or above the public right-of-way.
c. Disturbs the location of or compromises the function of storm water drainage infrastructure, existing or planned, located within the public right-of-way.
d. Disturbs the location of or compromises the function of any sidewalk, bicycle path, bus stop or other similar facility, existing or planned, located within the public right-of-way.
e. Is located within a required clear zone, sight triangle of a street or driveway intersection, or is otherwise inconsistent with any applicable design criteria or engineering standards.
f. Is deemed by the Planning Commission or City Council to pose a reasonable threat to the public interest
necessitated by public health, safety, or welfare.
3. Shall not exceed the maximum height restrictions for the applicable zoning district.
4. Shall be freestanding monopole structures.
C. Such uses located outside of the public right-of-way shall be subject to the following provisions:
1. Shall not be guyed, except as required by applicable regulatory agencies by necessity as determined by a licensed structural engineer.
2. Shall be subject to all applicable provisions of Article 09 related to visual buffers and height compatibility, provided that the visual buffer requirements shall apply only to developed areas occupied by tower structures, offstreet parking, and outdoor storage. Such areas shall be:
a. Located in a contiguous grouping, to the extent practical.
b. Platted as a separate lot or lots, or specifically designated on site plans.
c. Enclosed within a screening fence/wall installed only around the perimeter of such facilities, and meeting the design standards for such found in Article 09. Guy cables and anchors of guyed towers may be located outside of the enclosed perimeter.
3. Outdoor lighting installations shall be allowed only within perimeter enclosures; shall be the minimum lighting necessary for reasonable site security. In addition:
a. Lighting fixtures shall be installed at a height no greater than twelve (12) feet.
b. Only “fully shielded” or “full cutoff” light fixtures may be installed.
c. Fixtures shall be equipped with motion detector shut off controls.
10.27. Arenas & Stadiums
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not be allowed within one-thousand (1,000) feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
B. May be allowed as a secondary use within a school or educational campus developed in conjunction with a PDO zoning district. In such cases, conditional use approval shall not be required.
C. Sites shall meet the hard surface paving requirements of Article 07.
D. When illuminated with flood lights, such shall be aimed down and inward toward the sports field(s) and shall be equipped with shut off controls that turn lights off during non-operational times.
10.28. Schools & Educational Campuses; Technical Schools & Job Training Centers
In addition to other applicable requirements, the following provisions shall apply.
A. When more than one (1) structure is dedicated to the primary use, shall be allowed only in conjunction with a PDO zoning district.
B. Shall not require conditional use approval when developed in conjunction with PDO zoning.
10.29. Adult Entertainment
In order to mitigate negative secondary effects of sexually oriented businesses, the following provisions shall apply to adult entertainment establishments in addition to other applicable requirements.
A. Shall be located within a freestanding building intended for single-tenant occupancy.
B. No merchandise shall be viewable from outside the structure or off-premise.
C. Shall not be located within one-thousand (1,000) feet of any of the following, as measured between the closest points on any property line.
1. Religious meeting places
2. Elementary and secondary schools
3. Day care centers and institutional day cares
4. Public parks and libraries
5. Residential land uses and zoning districts ( R-1, R-2 or R-3)
6. Bars, taverns, night clubs, and liquor stores
7. Other sexually oriented businesses as defined in KSA 12-770
D. Shall not be allowed to play live or recorded sounds on outdoor speakers or project such sounds outside of the primary structure from within.
E. Permitted signs shall be allowed on-premise only; no permitted sign shall be temporary, portable, freestanding, vehicle, or illuminated as defined in Article 07.
F. Shall be buffered along all property lines with a screening fence/wall at least six (6) feet in height, meeting the requirements of Section 09.04, with breaks allowed only for driveways and sight triangles.
10.30. Concrete & Asphalt Pavement Mixing Plants
In addition to other applicable requirements, the following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.
A. Exemptions to these standards shall only be allowed when required by state or federal law.
B. Shall not be allowed within 2,500 feet of any existing or approved residential lot zoned R-1, R-2 or R-3, as measured between the closest points on any property line.
C. All approvals and permits needed to operate an asphalt or concrete mixing plant in the State of Kansas must be received prior to zoning approval.
D. On-premise operations shall be defined in an operational plan, which is attached to and submitted with the zoning site plan. The operational plan shall include:
1. Copies of all approvals and permits referenced in Section 10.30.C.
2. Operating times, conditions and procedures. Operations shall be limited to weekdays between 6:00 a.m. and 8:00 p.m., with no operations allowed to occur on federal holidays.
3. Emergency procedures for accidents, injuries, leaks, spills, groundwater contamination, natural disasters, fires, explosions, and similar occurrences requiring emergency or corrective actions.
E. Applicable provisions of Article 09 shall apply only to areas utilized for offstreet parking; and outdoor storage. Such areas shall be:
1. Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.
2. Located in a contiguous grouping, to the extent practical.
F. Offstreet parking and outdoor storage areas shall not be used to store any tools, equipment, materials, or vehicles utilized off-premise, except for those driven daily by employees.
G. Shall not store contaminated soils on-premise.
H. Shall be secured around the entire property perimeter with a security fence at least eight (8) feet in height. Such fences shall utilize chain link fencing to a height of at least six (6) feet and at least three (3) equally-spaced strands of barbed wire making up the remaining two (2) feet of required height.
I. In addition to the above standards, the following shall be required for all such uses conducted on a temporary basis.
1. The period of time the facility will be used for such operations shall be set at the time of conditional use approval. Subject to applicable extensions as provided in these operations, all on-premise operations shall cease after that period of time and all associated equipment and materials shall be removed within thirty (30) days.
2. The conditional use shall include a reasonable and feasible plan of action for transitioning the site to another viable land use allowed by these regulations. The required plat shall not be approved without being capable of accommodating such transition in land use.
3. Upon expiration of the conditional use, the Planning Commission shall initiate an application(s) for vacating the conditional use and rezoning to accommodate the use transition plan.
10.31. Detached Residential Carports & Garages
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be limited to one (1) such structure per lot.
B. Shall be utilized only in accordance with the definitions in Article 03.
C. Detached carports shall be limited to sufficient area to cover two offstreet parking stalls.
D. Detached garages shall:
1. Be limited to a gross floor area equal to the ground area covered by the principal structure, up to a maximum of:
a. Seven-hundred and fifty (750) square feet for lots under 10,000 square feet in area.
b. One-thousand (1,000) square feet for lots 10,000 square feet in area or greater.
2. Be constructed with the same or equal siding exterior materials as the principal structure, when located on a lot zoned other than A-1.
3. Not cause the lot to exceed maximum coverage requirements of the applicable zoning district.
10.32. Detached Structures for Home Occupations
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be limited to one (1) such structure per lot.
B. Shall be utilized only for activities associated with an allowable home occupation.
C. Shall be constructed with the same or equal siding exterior materials as the principal structure.
D. Gross floor area shall be limited in size to twenty-five percent (25%) of that of the principal structure.
E. Shall not be allowed if the structure would cause the lot to exceed maximum coverage requirements.
10.33. Distributed Antenna Systems; Small Cell Systems
In addition to other applicable requirements, the following provisions shall apply.
A. Such facilities located in the public right-of-way shall only be permitted by conditional use and shall be required to execute a franchise agreement with the City of Rose Hill; all other locations shall be allowed by-right, subject to applicable permits and other required approvals.
B. Conditional use approval for facilities located in the public right-of-way shall:
1. Allow the approval of up to twenty-five (25) individual installation locations with a single conditional use application, provided each location shall be reviewed on its individual merits.
2. Upon review, all locations deemed appropriate for installation shall be approved, provided in no case shall a conditional use be approved for any location that:
a. Disturbs the location of or compromises the function of any other street, street improvement, or traffic control device, existing or planned, located within the public right-of-way.
b. Disturbs the location of or compromises the function of any other public or private utility infrastructure, existing or planned, located in, under, or above the public right-of-way.
c. Disturbs the location of or compromises the function of storm water drainage infrastructure, existing or planned, located within the public right-of-way.
d. Disturbs the location of or compromises the function of any sidewalk, bicycle path, bus stop or other similar facility, existing or planned, located within the public right-of-way.
e. Is located within the street’s required clear zone, the sight triangle of any street or driveway intersection, or is otherwise inconsistent with any applicable design criteria or engineering standards.
f. Is deemed by the Planning Commission or City Council to pose a reasonable threat to the public interest necessitated by public health, safety, or welfare.
10.34. Drive-Thru Banking Services & ATM’s; Drive-Thru Windows for Services & Retail Sales or Restaurants
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be located on a lot of at least one-half (½) acre in area having arterial street frontage.
B. Primary ingress/egress shall be provided to the adjacent arterial street. No more than one (1) secondary driveway may access a local or collector street.
C. Shall meet the hard surface paving requirements of Article 07.
D. In addition to offstreet parking and loading requirements, all drive-thru windows shall have adjacent paved vehicle queuing lanes, at least ten (10) feet in width as follows:
1. Banking Service Windows: One-hundred (100) feet, at least fifty (50) feet of which shall be provided in straight alignment with the window.
2. Freestanding ATMs: Fifty (50) feet provided in straight alignment with the ATM.
3. Service & Retail Windows: Fifty (50) feet provided in straight alignment with the window.
4. Restaurant Windows: One-hundred and fifty (150) feet, at least (50) feet of which shall be provided in straight alignment with the window.
E. Vehicle queuing lanes shall be in addition to drive aisle for offstreet parking.
F. Where applicable, a pedestrian crosswalk shall be provided, which meets ADA and other applicable design standards.
10.35. Garbage Dumpsters & Liquid Waste Containers
For all land uses requiring garbage dumpster or liquid waste (used oil/grease, solvents, etc.) container service, design of such facilities shall be subject to the following standards.
A. Except for lots zoned A-1 or all shall be within a paved and enclosed “corral” area, subject to the following minimum standards.
1. Shall be paved in concrete, subject to applicable minimum City standards.
2. Shall be screened around the entire perimeter with a screening fence/wall meeting the minimum requirements of Section 09.04.A, in addition to all other required conditions of Article 09. Such fences/walls shall be no less than eight (8) feet in height with a maximum of five percent (5%) vertical surface open space allowed along any given section between support posts/columns.
3. Gated dumpster/container access shall be provided on one wall. A pedestrian access gate no wider than thirty-six (36) inches may be located on a separate wall. Gates shall meet the same dimensional and screening standards, except that a maximum of six (6) inches may remain open along the bottom.
4. Shall be sized to fit all required dumpsters/containers, and oriented to provide direct straight-line access from a street or alley without requiring service trucks to occupy the public right-of-way.
5. Shall not occupy any required offstreet parking or loading areas, or vehicle queuing lanes.
10.36. Guard & Security Booths
In addition to other applicable requirements, the following provisions shall apply.
A. Shall not exceed two-hundred and fifty (250) square feet gross floor area.
B. Shall not be utilized as sleeping or living quarters.
10.37. Guest Homes & Pool Houses
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be limited to one (1) such structure per lot.
B. Shall not be utilized on a permanent basis as sleeping or living quarters.
C. Shall be constructed with the same or equal siding exterior materials as the principal structure.
D. Gross floor area shall be limited in size to fifty percent (50%) of that of the principal structure.
E. Shall not be allowed if the structure would cause the lot to exceed maximum coverage requirements.
10.38. Neighborhood Clubhouses & Swimming Pools
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be located on platted lots located within the residential subdivision it serves.
B. Applicable provisions of Article 09 shall apply.
C. Outdoor lighting installations shall not be located outside of the developed areas, except that minimal lighting may be installed along cart paths and walkways, provided:
1. Fixtures are installed at a height no greater than twelve (12) feet.
2. Only “fully shielded” or “full cutoff” light fixtures may be installed.
3. Fixtures shall be equipped with motion detector shut off controls.
D. All on-premise structures shall be of compatible architectural style and exterior siding materials as residential structures in the immediate vicinity.
10.39. Non-Commercial Greenhouses & Hoop Houses
In addition to other applicable requirements, the following provisions shall apply.
A. Shall only be allowed to the rear or side of the primary structure, relative to the required front yard, where it will be obscured from view from the adjacent street.
B. Building permits shall be required only as provided in the building code.
C. Shall not be used for the storage of hazardous materials.
10.40. Onsite Wind Energy Conversion Systems (WECS)
In addition to other applicable requirements, the following provisions shall apply.
A. Only non-commercial freestanding WECS with monopole support structures shall be allowed.
B. Shall be subject to all applicable provisions of Article 09 related to height compatibility. Height shall be measured to the top of turbine blades from the adjacent finished ground elevation.
C. Shall be subject to all applicable provisions of Article 09 related to visual buffers, provided that the visual buffer requirements shall apply only to developed areas occupied by WECS structures, offstreet parking, and outdoor storage. Such areas shall be:
1. Located in a contiguous grouping, to the extent practical.
2. Platted as a separate lot or lots, or specifically designated on site plans.
3. Enclosed within a screening fence/wall installed only around the perimeter of such facilities, and meeting the design standards for such found in Article 09.
D. Outdoor lighting installations shall be allowed only within perimeter enclosures; shall be the minimum lighting necessary for reasonable site security. In addition:
1. Lighting fixtures shall be installed at a height no greater than twelve (12) feet.
2. Only “fully shielded” or “full cutoff” light fixtures may be installed.
3. Fixtures shall be equipped with motion detector shut off controls.
E. Conditional use application submittals shall include:
1. Zoning site plan showing property lines, natural features, utility lines, easements, setback lines, layout and sizes of all structures on site, and proposed location of the WECS.
2. Specifications for the proposed tower and rotor.
3. Any pertinent permitting information and correspondence from applicable federal agencies.
F. The lowest point of turbine blades shall be no less than twenty (20) feet above the ground.
G. Shall not be allowed within any required yard setback.
H. Design Standards
1. All WECS shall be equipped with manual and automatic overspeed controls to limit the rotation of blades to a speed below the designed limits. A professional engineer shall certify that the rotor and overspeed control design and fabrication conform to good engineering practices.
2. All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies shall conform to the national and City of Rose Hill electrical codes.
3. No experimental or prototype WECS are allowed.
4. Signs shall be prohibited except for:
a. Manufacturer’s identification on the wind turbine cowling.
b. Appropriate warning signs and placards including visible warning sign of “High Voltage” placed at the base of all conversion systems. The sign shall have at a minimum six-inch letters with 3/4-inch stroke.
5. The WECS shall be non-reflective and non-obtrusive in color.
6. All support structures shall be unclimbable by design or protected with devices, such as:
a. Fences with locking portals at least six (6) feet high.
b. Anti-climbing devices 12 feet from base of pole.
c. Anchor points for guy wires supporting the tower shall be enclosed by a six-foot high fence or shall be located within a yard that is completely fenced.
I. Noise level shall not exceed 55 decibels measured at the property line or cause a discernible noise disturbance.
J. Shall not generate electromagnetic interference or cause interference with any activity carried on beyond the property boundary line.
K. Any WECS that has reached the end of its useful life or has been abandoned shall be physically removed no more than one-hundred and eighty (180) days after the date of discontinued operations.
10.41. Outdoor Display of Retail Merchandise for Sale
In addition to other applicable requirements, the following provisions shall apply, except as otherwise provided for uses that are allowed such displays by definition or specific use standard.
A. Shall not occupy public sidewalks, except where zoned C-1. Such sidewalk displays shall not:
1. Occupy an area greater than one-hundred and fifty (150) square feet that is not directly adjacent to the lot on which the retail use is located.
2. Be allowed to block a portion of the sidewalk that leaves remaining clear width of less than three (3) feet or is otherwise non-compliant with ADA standards.
3. Be allowed more frequently than one (1) time per month, for more than two (2) consecutive days, for more than twelve (12) hours per day.
B. All retail stores shall be allowed permanent on-premise displays of merchandise that do not exceed ten percent (10%) of the principal structure’s gross floor area; and located on a curbed sidewalk area directly adjacent to the exterior wall of the principal structure’s main entrance.
C. Outdoor display of merchandise for sale located in areas identified on approved site plans for such displays, shall be allowed by-right as follows:
1. The following uses shall be allowed temporary displays of seasonal merchandise four (4) times per year, for not more than thirty (30) consecutive days:
a. Grocery Stores & Supermarkets
b. Supercenters & Warehouse Clubs
2. The following uses shall be allowed permanent displays of merchandise located directly adjacent to the principal structure:
a. Hardware & Tool Stores
b. Farm & Home Stores
3. In no case shall any outdoor display allowed in this manner occupy an area exceeding twenty-five percent (25%) of the principal structure’s gross floor area; or occupy any required offstreet parking stalls or loading areas.
D. No additional outdoor merchandise displays shall be approved by any other means.
10.42. Outdoor Festivals, Carnivals & Gatherings
In addition to other applicable requirements, the following provisions shall apply.
A. Shall be allowed only as a temporary use, subject to approval of a site plan that clearly identifies:
1. Approximate boundary locations and dimensions of the area being used.
2. Proximity to buildings, parking lots, right-of-ways, ingress/egress, and onsite circulation patterns.
3. Locations and descriptions of all signs, lighting, electrical and utility connections, and temporary structures or tents.
B. Such a temporary use shall not be approved to:
1. Occupy any required offstreet parking stalls for a primary use that is operating concurrent to the temporary event.
2. Be permitted any permanent signs, but shall be allowed temporary signs as provided for the applicable zoning district, subject to issuance of a sign permit.
3. Install lighting in addition to that approved for the primary uses.
C. Permits for carnivals, circuses, musical festivals, annual celebrations or similar events may be approved with conditions by the City. Such uses need not comply with the bulk or lot size requirements; provided, that structures or equipment may not obstruct any site triangle.
D. A temporary fence may be required around gathering areas or any specific activity areas.
E. All amusement rides, ride devices, circuses, carnivals, or similar shall not be approved without first receiving all applicable licenses and permits as required by local, state ,and federal agencies.
10.43. Outdoor Kennel Runs & Play Yards
In addition to other applicable requirements, the following provisions shall apply.
A. Outdoor runs or play yards as a secondary use shall not be allowed in conjunction with any primary use located on a lot less than two (2) acres in area.
B. Shall be setback a minimum of fifty (50) feet from any lot line; and shall be located a minimum of two-hundred
(200) feet from any off-premise residential dwelling unit.
C. Lots shall be buffered with a screening fence or landscaped screen consistent with the standards of Section 09.04 or Section 09.05 respectively.
D. Such facilities shall be located in a contiguous grouping, to the extent practical; and specifically designated on site plans.
10.44. Outdoor Storage of Retail Merchandise Stock
In addition to other applicable requirements, the following provisions shall apply.
A. Shall only be allowed in conjunction with primary uses defined as Supercenters & Warehouse Clubs in Article 03; and only as an on-premise, temporary, seasonal secondary use.
B. Approvals shall be limited to one (1) time per year for a maximum of sixty (60) consecutive days.
C. In no case shall such uses be allowed to occupy an area exceeding twenty-five percent (25%) of the principal structure’s gross floor area; or occupy any required offstreet parking stalls or loading areas.
D. Shall not be located so as to interfere with vehicular or pedestrian circulation.
10.45. Storage Sheds
In addition to other applicable requirements, the following provisions shall apply.
A. Shall meet applicable provisions of the building code.
B. Shall be of compatible appearance to the principal structure.
C. Shall not exceed:
1. Two-hundred (200) square feet gross floor area for lots under one-half (½) acre with single-family residential primary uses, which may be adjusted up to four-hundred (400) square feet by conditional use.
2. Four-hundred (400) square feet gross floor area for lots one-half (½) acre or more with single-family residential primary uses, which may be adjusted up to five-hundred (500) square feet by conditional use.
3. Two separate structures having a combined gross floor area consistent with the above-listed maximums.
D. May be allowed on lots with non-residential primary uses only by conditional use.
E. Shipping containers, semi-trailers, rail cars, non-operational trucks, or any similar portable units/vehicles, shall not be utilized as storage sheds or count as such for the purposes of these regulations.
F. Shall not be utilized on a permanent or temporary basis as sleeping or living quarters.
G. Shall not be allowed if the structure would cause the lot to exceed maximum coverage requirements.
10.46. Unattended Donation Boxes
In addition to other applicable requirements, the following provisions shall apply.
A. Shall only be allowed on-premise of the primary use.
B. Shall not occupy any required offstreet parking or loading areas.
C. Shall not be located so as to interfere with vehicular or pedestrian circulation.
10.47. Utility Support Facilities
In addition to other applicable requirements, the following provisions shall apply to any such facilities located in City of Rose Hill public street right-of-way.
A. Shall be required to execute a franchise agreement with the City of Rose Hill.
B. Shall not be approved for any location in the public right-of-way that:
1. Disturbs the location of or compromises the function of any other street, street improvement, or traffic control device, existing or planned, located within the public right-of-way.
2. Disturbs the location of or compromises the function of any other public or private utility infrastructure, existing or planned, located in, under, or above the public right-of-way.
3. Disturbs the location of or compromises the function of storm water drainage infrastructure, existing or planned, located within the public right-of-way.
4. Disturbs the location of or compromises the function of any sidewalk, bicycle path, bus stop or other similar facility, existing or planned, located within the public right-of-way.
5. Is located within a required clear zone, sight triangle of a street or driveway intersection, or is otherwise inconsistent with any applicable design criteria or engineering standards.
6. Is deemed by the Planning Commission or City Council to pose a reasonable threat to the public interest necessitated by public health, safety, or welfare.
10.48. Accessory Uses & Structures
A. The following are allowable accessory uses, subject to the provisions below, required yard provisions of Section 04.06.J, and as otherwise provided in these regulations.
1. Above- and in-ground swimming pools, jetted spas
2. Arbors, trellises, yard art, BBQ grills, outdoor furnishings
3. Attached garages and carports
4. Awnings, other attached window/entrance canopies
5. Basketball goals, play equipment, swing sets, slides
6. Bay windows, eaves, gutters, chimneys, window wells, wing walls
7. Clotheslines, flagpoles
8. Cupolas, steeples, elevator/stairway enclosures, skylights, solar panels, similar rooftop features
9. Decks, patios, porches
10. Fire escapes, stairways, steps, wheelchair ramps for primary or secondary access
11. HVAC components, telephone, utility service connections
12. Play houses, storm shelters
13. Radio antennas, satellite TV dishes, collocated small cell and wireless communication facilities
14. Required compatibility buffers (per Article 10), offstreet parking and loading (per Article 7)
B. Fences/Walls Other Than Required
When not required as a visual buffer, fences/walls used for decoration, privacy, security, or safety shall be allowed and regulated as follows, subject to other provisions of these regulations.
1. Open fences (chain link, picket, wrought iron, etc. ≥ 50% open space on vertical face)
a. Up to six (6) feet in height allowed for all uses within/around all yards
b. Over six (6) feet to a maximum of twelve (12) feet in height allowed only by conditional use within/ around rear and side yards of non-residential primary uses
2. Closed fences/walls (privacy, masonry, etc. < 50% open space on vertical face)
a. Up to four (4) feet in height allowed for all uses within/around all yards
b. Up to six (6) feet in height allowed within/around rear and side yards of single-family residential primary uses
c. Over six (6) feet to a maximum of eight (8) feet in height allowed only by conditional use within/around rear and side yards of non-residential primary uses
C. RV, Boat & Utility Trailer Parking/Storage
Except as indicated, parking/storage of such vehicles shall be allowed only as follows.
1. Such uses allowed by a legal nonconforming use certificate issued prior to the enactment of these regulations.
2. Shall not be used as permanent living quarters. Temporary lodging shall be allowed for a period of not longer than fifteen (15) consecutive days; allowed no more frequently than two (2) times per year.
3. Shall not be permanently stored on a public street. Temporary parking for a period not to exceed forty-eight
(48) consecutive hours is allowed on a public street adjacent to the vehicle owner’s residence for loading and unloading purposes.
4. May be stored or parked temporarily in any required yard of a property having a single-family primary use, provided they are parked at least five (5) feet from the property line. Those stored in front or side yards must be parked on a paved or graveled surface and may not occupy required parking spaces.
5. No more than two (2) such vehicles shall be stored on a lot, except within an enclosed structure.
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