ORDINANCE NO. 2393
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF GARDNER, KANSAS BY REPEALING AND REPLACING IN THEIR ENTIRETY SECTIONS 18.95.070, 18.100.070, 18.140.150, AND 18.145.020 OF TITLE 18 OF THE GARDNER MUNICIPAL CODE.
WHEREAS, the City Council of the City of Gardner, Kansas initiated the changes to Title and Sections 18.95.070, 18.100.070, 18.140.150, and 18.145.020 requirements within the City of Gardner, Kansas; and
WHEREAS, a public hearing on the City’s request was held before the Planning Commission of the City of Gardner, Kansas, on the 27th day of March, 2012; and
WHEREAS, said Planning Commission has recommended that said amendments to the zoning title of the City of Gardner, Kansas be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION ONE: Title 18.95.070 Use limitations, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows:
18.95.070 Use limitations.
A. All operations and activities shall be conducted within a building or buildings. Storage may be maintained outside said buildings with approval of a site plan per GMC 18.185, and provided it meets the following requirements:
1. Location criteria:
a. The storage area shall not be located within the required front yard building setback area.
b. The storage area shall be set back at least 100 feet from all residential zoning districts and 15 feet from all other non-industrial zoning districts.
c. The storage area shall not be located closer than 15 feet to any street or right-of-way.
d. No portion of the storage area shall be allowed within any utility easements or floodplain.
2. The storage area shall be paved per the requirements for parking lots (GMC 18.160.020).
3. The storage area shall be enclosed on all sides by a solid fence or wall at least six feet, but not more than eight feet high.
a. Trees and/or shrubs shall be planted adjacent to the outside of the fence per the recommendations of the Gardner Design Standards.
b. The Planning Commission may, at its discretion, approve a semi-solid fence for portions of the storage yard that are not visible from any rights-of-way or non-industrial properties within 300 feet.
4. Materials shall not be stacked or piled higher than the height of the fence. The Planning Commission may require additional screening (e.g. landscaping) for stored items that are large enough to exceed the height of the fence.
5. Any deviation from these requirements shall require a special use permit (GMC 18.145.020)
B. No building shall be used for residential purposes except that a watchman (single person) may reside on the premises for security purposes.
C. All industries within this District shall comply fully with all applicable current Kansas statutes, federal regulations and municipal ordinances regarding environmental controls, including but not limited to the following:
1. State of Kansas Air Pollution Emission Control Regulations.
2. Kansas State Department of Health and Environment Minimum Standards for Design of Water Pollution Control Facilities.
3. All applicable municipal ordinances and policies covering sewer use, effluent discharge and design and construction of facilities required for discharge of industrial wastes.
D. Buildings should be oriented so that the front or side of the building faces the public street frontage of the property. In unique situations due to the design of the lot with double or triple frontages where it is necessary to orient a rear elevation towards a public street, all loading and services areas shall be screened from public view with landscaping, berming, facade walls, or fencing.
SECTION TWO: Title 18.100.070 Use limitations, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows:
18.100.070 Use limitations.
A. All operations and activities shall be conducted within a building or buildings. Storage may be maintained outside said buildings with approval of a site plan per GMC 18.185, and provided it meets the following requirements:
1. Location criteria:
a. The storage area shall not be located within the required front yard building setback area.
b. The storage area shall be set back at least 100 feet from all residential zoning districts and 15 feet from all other non-industrial zoning districts.
c. The storage area shall not be located closer than 15 feet to any street or right-of-way.
d. No portion of the storage area shall be allowed within any utility easements or floodplain.
3. The storage area shall be paved per the requirements for parking lots (GMC 18.160.020).
4. The storage area shall be enclosed on all sides by a solid fence or wall at least six feet, but not more than eight feet high.
a. Trees and/or shrubs shall be planted adjacent to the outside of the fence per the recommendations of the Gardner Design Standards.
b. The Planning Commission may, at its discretion, approve a semi-solid fence for portions of the storage yard that are not visible from any rights-of-way or non-industrial properties within 300 feet.
5. Materials shall not be stacked or piled higher than the height of the fence. The Planning Commission may require additional screening (e.g. landscaping) for stored items that are large enough to exceed the height of the fence.
6. Any deviation from these requirements shall require a special use permit (GMC 18.145.020)
B. No building shall be used for residential purposes except that a watchman (single person) may reside on the premises for security purposes.
C. All industries within this District shall comply fully with all applicable current Kansas statutes, federal regulations and municipal ordinances regarding environmental controls, including but not limited to the following:
1. State of Kansas Air Pollution Emission Control Regulations.
2. Kansas State Department of Health and Environment Minimum Standards for Design of Water Pollution Control Facilities.
3. All applicable municipal ordinances and policies covering sewer use, effluent discharge and design and construction of facilities required for discharge of industrial wastes.
D. Buildings should be oriented so that the front or side of the building faces the public street frontage of the property. In unique situations due to the design of the lot with double or triple frontages where it is necessary to orient a rear elevation towards a public street, all loading and services areas shall be screened from public view with landscaping, berming, facade walls, or fencing.
SECTION THREE: Title 18.140.150 Special uses and conditional uses, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows:
18.140.150 Special uses and conditional uses.
The following are considered accessory uses associated with special uses and conditional uses permitted by this chapter.
Any of the accessory uses listed below may be specifically prohibited or further controlled by restrictions written into the special use permit prior to its being approved.
A. Motor hotels: a restaurant, banquet rooms, liquor, notions and magazine counters, vending machines, beauty and barber shops, flower and gift shops, provided all are within the main building and designed to serve primarily the occupants and patrons of the motor hotel.
B. Hospitals: residential quarters for staff and employees, nursing or convalescent quarters, storage and utility buildings, food service and vending machines, laundry and other similar services for hospital personnel, visitors and patients.
C. Utility buildings: outside storage of materials and equipment provided all outside storage is screened from view from off the premises and meets the use limitations for outside storage in the M-2 district (GMC 18.100.070.A).
SECTION FOUR: Title 18.145.020 Uses, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows:
18.145.020 Uses.
Any building, structure, land or premises may be used, and any building or structure may be erected, constructed, reconstructed, moved or altered, for one or more of the following special uses, subject to approval of a special use permit by the City Council and subject to any development and performance standards set forth herein. The City Council may also consider such conditions as to operation, site development, signs, time limit and other factors as deemed necessary in order that such use will not seriously injure the appropriate use of nearby properties, and will conform to the general intent and purpose of this title and of the regulations of the zoning district in which it may be located. It shall be presumed that any use listed in this section shall not be permitted in the City without a special use permit unless that use is also specifically listed as a use permitted by right or as an accessory use in a given zoning district.
1. Adult uses.
2. Amusement parks, privately owned baseball or athletic fields, or racetracks.
3. Aviation fields or airports, under such restrictions as the Council may impose on land, buildings, or structures within an approach or transition plane or turn zone, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards.
4. Cemeteries, mausoleums, or crematories for the disposal of the dead.
5. Chemical and fertilizer manufacturing and storage.
6. Clubs, private, where alcoholic beverages are consumed on the premises.
7. Concrete and asphalt plants.
8. Drive-in theaters.
9. Golf driving ranges, commercial or illuminated.
10. Grain processing.
11. Gun clubs, skeet shoots, or target ranges.
12. Hospitals or penal or correctional institutions.
13. Camping areas, picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only.
14. Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; provided, however, that no permit shall be issued until and unless the location, site plan, and method of operation, including necessary structures, have been submitted to and approved in writing by the Council, which permit shall be for a limited period of time not to exceed five years.
15. Nursery sales office, building, greenhouse, or area (wholesale or retail).
16. Nursing and convalescent homes.
17. Package liquor sales.
18. Radio, television and microwave towers over 60 feet in height.
19. Refuse dumps.
20. Reservoirs, towers, filter beds, or water treatment plants.
21. Riding stables and tracks.
22. Sewage, refuse, garbage disposal plants or sanitary fills.
23. Steel mills and foundries.
24. Hotels and motels.
25. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the Council deems reasonably necessary public convenience or welfare (excluding offices).
26. Temporary use of land for commercial or industrial purposes; provided, that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated shall be by temporary building permit, and any stored equipment for material shall be removed upon the date of expiration of the special use permit, which permit shall be valid for not more than two years, but may be renewable after public hearing.
27. Assembly halls.
28. Group care centers for children under 10 years of age not allowed in the home occupation section including preschools and private kindergartens.
29. Keeping of horses, ponies, cows or chickens on less than three acres.
30. Off-street parking lots or structures of a temporary or permanent nature.
31. Outdoor storage that does not meet the use limitations required for that zoning district, subject to the following requirements:
A. Zoning. The property must be zoned for industrial uses (M-1, MP-1, M-2, or MP-2).
B. Storage yards shall be paved unless the Planning Commission determines that a gravel surface is appropriate due to the location and nature of the operation. If a gravel surface is to be permitted:
1. The type and thickness of aggregate surfacing is subject to approval by the City as part of the site plan application. The minimum thickness of aggregate shall be six (6) inches.
2. The applicant shall submit a dust control plan for the storage facility, subject to approval by City staff, at the time of application for site plan approval. The purpose of the dust control plan is to prevent fugitive dust from leaving the storage yard site. The dust control plan shall address the type of dust control measure(s) to be employed and the frequency of application of those control measures. In the event the dust control measures are found to be inadequate, the City reserves the right to require additional measures to mitigate the migration of dust from the site.
32. Cargo container facilities, subject to the following standards:
a) Zoning: The property must be zoned M-2 (General Industrial District) or MP-2 (Planned General Industrial District).
b) Platting: Cargo container facilities must be located on a platted lot.
c) Minimum Lot Size: Cargo container facilities shall have a minimum lot size of twenty (20) acres.
d) Traffic Analysis: A traffic analysis must be submitted with the special use permit application.
e) Right-of-Way Dedication: Cargo container facilities shall dedicate adequate right-of-way to the City of Gardner for public highways, streets, and other public purposes. The dedication shall be in a form acceptable to the City and shall be made at no expense to the City.
f) Public Improvements: Cargo container facilities shall design and install, at no expense to the City of Gardner, public improvements adjacent to the facility at the time and in the manner specified by the City in conjunction with the development or subdivision of the parcel, whichever occurs first. The improvements shall be engineered, reviewed, approved, and installed according to the procedures and conditions set forth by the City.
g) Access: Cargo containers on or off a chassis may not be stored in a manner that impedes access to public rights-of-way, public utility or drainage easements, adjacent structures, and buildings. Access aisles shall be at least 24 feet wide.
h) Paving: All interior driveways and cargo container storage bays shall be paved with asphalt or concrete in accordance with City standards.
i) Parking: No portion of any required off-street parking or loading/unloading areas shall be used for the storage of cargo containers or similar storage devices. The minimum amount of off-street parking spaces shall be one per employee, but not less than six (6) spaces, and one space per 1000 sq. ft of gross floor area of any structure located on-site.
j) Stormwater: Drainage shall be designed, and stormwater detention required in accordance with City standards.
k) Security: The facility shall be completely enclosed by gated security fencing. The fence shall be between 6 and 12 feet in height, and shall not include any barbed wire or razor wire. The gates may remain open when the facility is open, but shall be closed and locked when the facility is closed. The gate shall be located to prevent stacking on the streets. Minimum stacking requirements shall be based upon the results of the required traffic analysis, but in no case shall the driveway between the gate and the street be less than 150’ in length and 24’ in width.
l) Screening and Landscaping: The City shall require screening within landscape easements along the full perimeter of the property. The landscape easements shall be a minimum of 90 feet in width adjacent to public and private streets and any property in a different zoning district, and a minimum of 20 feet in width adjacent to a property in the same zoning district. These easements shall include landscaping as outlined below. Additionally, continuous berming is also required in the landscape easements adjacent to public and private streets and any property in a different zoning district.
1. A landscaping plan shall be submitted with the special use permit application. The landscaping plan shall indicate the number, species, and location of all existing and proposed landscaping material.
2. For every 100 linear feet of perimeter landscape easement, landscaping shall consist of a minimum of:
a. seven (7) upright evergreen trees (minimum of six feet tall)
b. four (4) ornamental trees (minimum of six feet tall)
c. three (3) medium to large deciduous trees (minimum two inch caliper, as measured six inches above the ground)
d. thirty (30) shrubs (at least 36 inches tall)
3. Berms shall have a minimum height of twelve (12) feet and shall not have a slope greater than 3:1 (3 horizontal feet per one vertical foot).
4. The required security fencing shall be located on the interior side of perimeter landscaping.
5. Landscaping, fencing, and berming shall be installed prior to a Certificate of Occupancy.
6. Maintenance of perimeter landscaping shall be the responsibility of the property owner and shall continue to meet the minimum standards for landscaping as established by the City.
m) Lighting: Cargo container facilities shall provide adequate lighting on-site, including at all entrances and exits. A lighting plan shall be submitted and approved in conjunction with the permit. The lighting plan must illustrate adequate minimum illumination on the property to allow for safe and efficient movement and monitoring during evening hours. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any adjacent property and no glare is visible to any traffic on any public street. Lighting shall not adversely affect adjacent properties.
n) Noise: Cargo container facilities shall make every effort to contain noise within the site.
o) Racking Height: Racking of a chassis shall be limited to fifty-seven (57’) feet in height. When a racked chassis exceeds thirty (30’) feet in height, an additional foot (1’) shall be added to all setbacks (from property line) for each additional foot (1’) of height for the racked chassis.
p) Stacking Height for Cargo Containers: Cargo containers shall not be stacked more than three units high. When stacked, an additional thirty feet (30’) shall be added to all setbacks for each additional level of stacked cargo containers.
q) Stacking Height for Chassis: Empty chassis shall not be stacked more than five (5) units high.
r) Setbacks and Separation Distance:
1. Storage of cargo containers and chassis shall be setback at least ten (10) feet from interior edge of the required landscape easements.
2. Storage of cargo containers and chassis shall be set back at least 1,000 feet from any property zoned or used for residential land uses.
3. Storage of cargo containers and chassis shall be at least 24 feet from any structure or building on-site.
4. No side-by-side grouping shall exceed twenty (20) cargo containers or twenty (20) chassis in width and no end-to-end grouping shall exceed two (2) cargo containers or two (2) chassis in length. Groupings shall be spaced at least 24 feet apart.
s) Structural Integrity, Surety for Removal:
i. Any cargo container stored or kept on property under the jurisdiction of the City of Gardner shall be safe, structurally sound, stable, and in good repair, as determined by the Codes Administrator.
ii. Any cargo container that becomes unsound, unstable, or otherwise dangerous shall be repaired or removed from the property where kept within 14 days, subject to the City’s requirements.
iii. Any cost or expense associated with the removal of violating cargo containers is the responsibility of the property owner. All associated costs including, but not limited to, legal fees and court costs, shall constitute a debt due and owed to the City of Gardner and shall be recordable as a lien upon the land of the cargo container facility and/or property owner.
t) Materials stored: Materials stored in the cargo containers shall not include any material that would be required to be placarded as Class 7 (radioactive materials) according to the U. S. Department of Transportation (DOT) Emergency Response Guidebook (ERG), or any other material generally considered to be hazardous, explosive, or poisonous. All materials stored at the facility shall be properly placarded according to the ERG. Each terminal manager shall maintain adequate and current bills of lading for the contents of all cargo containers stored on site.
u) Fire Code and Insurance: All facilities shall comply with the locally adopted Fire Code and provide adequate means for fire and emergency vehicles access to cargo containers both on and off a chassis. All facilities engaged in storage and stacking of cargo containers must carry adequate insurance and provide a Certificate of Insurance prior to the issuance of a special use permit.
v) Modification or Retrofit: Cargo containers may not be modified or retrofitted for on-site habitation. Cargo containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.
w) Signage: No signage, other than company identification logos, shall be allowed on any cargo container. Each face of the cargo container may contain a maximum of one (1) company identification logo.
x) Maintenance: Cargo container facilities shall be well-maintained to meet property maintenance requirements (GMC Title 8) and to keep the premises free from vermin and weeds.
y) Time Limitation: The initial special use permit may be issued for a maximum time period of ten (10) years, with subsequent renewals issued for a maximum time period of ten (10) years.
SECTION FIVE: All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto.
SECTION SIX: This ordinance shall take effect and be in force from and after its passage, approval, and publication as provided by law.
PASSED by the City Council this 7th day of May, 2012.
SIGNED by the Mayor this 7th day of May, 2012.
CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest: Doreen K. Pesek, City Clerk