Ordinance No. 2358 An Ordinance amending the zoning ordinance of the City of Gardner, Kansas by repealing and replacing in their entirety sections 18.10.040, 18.25.100, 18.140.090 18.140.140, 18.145.010, 18.145.020, 18.160.030, and 18.190.010 of title 18 of the Gardner Municipal Code. WHEREAS, the City of Gardner, Kansas initiated the changes to Title and Sections 18.10.040, 18.25.100, 18.140.090, 18.140.140, 18.145.010, 18.145.020, 18.160.030, and 18.190.010 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 30th day of November, 2010; and WHEREAS, said Planning Commission has recommended that said amendments to the zoning ordinance 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 18.10.040 Definitions, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: 18.10.040 Definitions. For the purpose of this zoning regulation, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise: 1. “Accessory building” means a subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building having an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. 2. “Accessory use” means a use of building or land which is customarily incident to and located on the same lot or premises as the main use of the premises. 3. “Alley” means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. 4. “Alteration” means any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building. 5. “Animal hospital or clinic” means an establishment where animals are admitted principally for examination, treatment, board or cure by a doctor of veterinary medicine. 6. “Apartment” means a room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit. 7. “Apartment house” means a building arranged, intended, or designed for more than two families. 8. “Apartment hotel” means an apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. 9. “Attention attracting device” means any flasher, blinker, animation, banner or other object designed or intended to attract the attention of the public to an establishment or to a sign. 10. ”Basement” means that portion of a building having more than one-half of its height below grade. This portion is not a completed structure and serves as a sub-structure or foundation for the remainder of the building. 11. “Bed and breakfast” means a single-family residence in which temporary lodging is provided by the owner/operator, whom resides at the facility, having no more than five guest quarters for compensation, with meals served to lodgers, for use by transient guests with a maximum stay of six consecutive nights. 12. “Block” means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Codes Administrator shall determine the outline of the block. 13. “Boarding house” or “lodging house” means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients. 14. “Board of Zoning Appeals” means that Board which has been created by the Governing Body to hear and determine appeals and variances to the zoning regulations. 15. “Building” means any structure constructed or intended for residence, business, industry or either public or private purposes, or accessory thereto. 16. “Building height” means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. 17. “Building, principal” means a building, including covered porches and paved patios, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated. 18. Cargo Containers, also referred to as Storage Containers: Means an industrial, standardized reusable vessel that was: a. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or, b. Designed for or capable of being mounted or moved on a rail car, and/or, c. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer, train or loaded on a ship. 19. Cargo Container Facilities: Means any site in which the principal or secondary use is the movement, storage on a permanent or non-permanent basis, staging, redistribution, repair, or maintenance of more than two cargo containers and/or chassis, but not to include: a. normal delivery by truck of goods that are legally sold, stored, manufactured, harvested, or consumed on-site, provided: (1) all deliveries occur in a loading or service area (if designated), (2) no cargo container is removed from a truck, and (3) no truck is present on the site for more than 48 hours; (a.) railroad operations that are subject to jurisdiction of the U. S. Department of Transportation Surface Transportation Board; and (b) other uses of cargo containers specifically enumerated, permitted, and regulated by the Zoning Ordinance. 20.
Cargo Container Storage Shed: Means an individual cargo container that is used as a permanent storage building. 21. “Centerline” means the center of a street right-of-way as shown on the recorded plat or survey. 22. Chassis: Means that portion of a semi-trailer configuration that is the non-powered portion that provides a way of transporting the cargo container. 23. “Club, private” means a building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed as enumerated persons. 24.“Condominium dwelling house” means a building containing two or more dwelling units, which dwelling units are separated by a party wall and which dwelling units are designed and intended to be separately owned in fee under the condominium statutes of the State of Kansas. 25. “Contributing floor area” means a figure in square feet consisting of 85 percent of the total floor area in a business or office building, including basements, mezzanines, and upper floors, if any, whether finished or not, measured from the centerline of joining partitions and from the exterior surface of outside walls. Pedestrian malls and service corridors which are common to several tenants in shopping centers shall not be included in the total floor area before the 85 percent calculation is made. 26. “Court” means an open, unoccupied space, other than yard, bounded on three or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable. 27. “Curb level” means the mean level of the top of curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest. 28. “Day-care center” means a building or place where care, supervision, custody or control is provided for more than four unrelated children or adults for any part of a 24-hour day up to 12 hours. 29. “Day-care nursery” means a residence or building in which care, supervision, custody or control is provided for four or less unrelated children or adults for any part of a 24-hour day up to 12 hours. Babysitting for four or less infants shall be considered a day-care nursery. 30. “District” or “zone” means a section or sections of the zoning area for which uniform regulations governing the use of land, the height use, area, size, and intensity of use of buildings, land and open space are herein established. 31. “Dog” means any canine species over 12 months of age. 32. “Drive-in establishments” means any restaurant, financial institution or product vending enterprise where the patron does not enter and remain within a building during the transaction of his/her business. Food vending establishments where the food is not normally consumed within a building or where facilities are provided for eating outside a building shall be included in this definition. 33. “Dwelling” means any building or portion thereof, including modular homes but not including mobile homes, which is designed and used exclusively for residential purposes. 34. “Dwelling, single-family” means a residential building having accommodations for and occupied exclusively by one family. 35. “Dwelling, single-family attached” means a portion of a residential building having accommodations for and occupied exclusively by one family, and which is located on a separate lot of record apart from the remaining portions of the building. Each such dwelling may be sold independently of other portions. 36. “Dwelling, two-family” means a residential building having accommodations for and occupied exclusively by two families, independently. 37. “Dwelling, multiple” means a residential building having accommodations for and occupied exclusively by more than two families, independently. 38. “Dwelling for the elderly and/or handicapped” means a two-family or multiple-family residential building having accommodations for and occupied exclusively by elderly or handicapped residents and necessary maintenance personnel. Elderly residents are those people who are at least 62 years of age. Handicapped persons are those people having an impairment which is expected to be of long, continuous and indefinite duration, and is a substantial limitation to their ability to live independently. 39. “Earth-sheltered residence” means a residence designed as a complete structure below or partially below ground level, whose perimeter walls comply with the yard requirements of the district in which it is located, and which was not intended to serve as a substructure or foundation for a building. 40. “Family” means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis. 41. “Floor area” means the gross area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the following area: (a) The basement floor area; (b) The area of each floor of the structure; (c) The attic space having headroom of seven feet or more. 42. “Front” means the part or side of any building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for that building or structure, as listed in the City Directory. 43. “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street. Where a street is dead-ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street. 44. “Garage, community” means a building or portion thereof, other than a repair garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or portion of block. 45.  “Garage, private” means an accessory building or portion of a main building used for storage only of motor and recreational vehicles. 46. “Garage, repair” means a building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes. 47. “Garage, storage” means a building or portion thereof, except those defined as a private, a repair, or a community garage providing storage for motor vehicles, with facilities for washing but no other services. 48. “Garden apartment building” means an apartment building located on a lot either singly or together with other similar apartment buildings completely landscaped, the total ground floor area of which does not exceed 25 percent of the area of the lot. 49. Gasoline Service Station. A “gasoline service station” shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; self-service pumps without buildings shall also be included. Such service shall not include tire recapping, body repairs, or major overhaul. 50. “Home occupation” means a business, profession, service, or trade conducted for gain or support entirely within a residential building or its accessory structures. 51. “Hotel” or “motor hotel” means a building occupied or used as a more or less temporary abiding place of individuals who are lodged, with or without cooking facilities. 52. “Institution” means a building occupied by a nonprofit establishment for public use. 53. “Kennel, boarding” means any place, area, building, or structure where dogs (including those under one year in age) are boarded, housed, cared for, fed, or trained by other than the owner. 54. “Kennel, breeding” means any place, area, building, or structure where more than four dogs are kept for purposes of breeding, raising or as pets. 55. “Lot” means a parcel of land occupied or to be
occupied by one main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a public street. A lot as used herein may consist of one or more platted lots, tracts, or tracts as conveyed, or parts thereof. 56. “Lot, corner” means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Codes Administrator, except that a lot as herein defined, when made up of more than one platted lot, shall be deemed to front on the street upon which said platted lots front. 57. “Lot, depth of” means the mean horizontal distance from the front street line to the rear line. 58. “Lot, double frontage” means an interior lot having frontage on two nonintersecting streets as distinguished from a corner lot. 59. “Lot, front” means the front of a lot shall be that narrowest dimension abutting a street right-of-way. On corner lots which have two equal sides which abut on a street right-of-way, either side may be considered the front of the lot. 60. “Lot, interior” means a lot whose side lines do not abut upon any street. 61. “Lot lines” means the lines bounding a lot as defined herein. 62. “Lot line, front” means the boundary between a lot and the street on which it fronts. 63. “Lot line, rear” means the boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Codes Administrator shall determine the rear line. 64. “Lot line, side” means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place, or a side street line. 65. “Lot of record” means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the register of deeds or a lot described by metes and bounds, the description of which was recorded in the office of the register of deeds. 66. “Lot width” means the horizontal distance between side lines, measured at the front building line. 67. “Lot, zoning” means a parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof. 68. “Mobile home” means a movable or portable structure over 40 feet in length and over eight feet wide, constructed to be towed on its own chassis, and designed with or without a permanent foundation for year-round living, whether or not a permanent foundation is subsequently provided. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit. The term “mobile home” shall not include any trailer home, camp van, or any vehicle lawfully operated on fixed rails. A modular home which can meet local building codes shall not be considered a mobile home. 69. “Mobile home park” means any area, place, parcel, tract, or plot of ground equipped as required for support of mobile homes and offered for use by the owner or representative for mobile home park purposes and/or ground upon which two or more mobile homes are parked, whether for compensation or not, including all accessory uses thereof. The term “mobile home park” does not include sales lots on which unoccupied mobile homes are parked for the purpose of inspection and sale. 70. “Mobile home space” means a plot of ground within a mobile home park which can accommodate one mobile home and which provides the necessary utility services for water, sewerage, and electricity. 71. “Mobile home subdivision” means a subdivision where individual lots are sold for the placement of traditional homes or mobile homes where the lot and structure are intended to be owned by the same party. 72. “Modular home” means a manufactured housing unit that is designed to be located on a permanent foundation and is factory-certified that it conforms to local building, housing, electrical and plumbing codes. 73. “Nonconforming structure” means a structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located. 74. “Nonconforming use” means an existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendments hereto. 75. Permanent: Means a period of time of six (6) months or longer, except where otherwise specified. 76. “Private club, Class B” means an establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for profit and in which said beverages are served only to members and their guests; provided, however, that such sale of alcoholic beverages is in compliance with applicable federal, state and local laws. 77. Racking: Means a method of storing a chassis on end in an upright position where the bed is perpendicular to the ground. 78. “Restaurant” means a building wherein food is prepared and served in ready-to-eat form to the public for human consumption. The term “restaurant” shall include cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house. 79. “Restaurant, drive-in” means an establishment whose primary purpose is the sale, dispensing or service of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves, except that this shall not be construed as to include what is commonly called a cafeteria. 80. “Salvage or junk yard” means a building or premises where junk, waste, inoperable motor vehicles or discarded and salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, handled or prepared for recycling which shall include auto wrecking yards, but shall not include retail secondhand furniture stores or the purchase and storage of used or salvaged materials as a part of a manufacturing operation. 81. “Service floor area” means the total floor area of a building exclusive of stairways, restrooms, storage rooms, hallways, or other areas which are not regularly used by visitors, clients, customers, patients or patrons in their normal everyday use of the building. 82. “Sign” means any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business, but shall not include any display of official notice or official flag. 83. “Sight triangle” means an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and 10 feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90-foot distance shall be increased to 120 feet for each arterial leg of the intersection. 84. Special Use Permit. A “special use permit” is a use that would not be appropriate generally throughout a zoning district without restrictions, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. 85. “Stable, private” means an accessory building and premises for the keeping of horses, ponies, mules or cows, owned by occupants of the premises, and not kept for remuneration,
hire or sale. 86. “Stable, public” means a stable other than a private or riding stable as defined herein. 87. “Stable, riding” means a structure and premises in which horses, ponies, or mules, used exclusively for pleasure riding or driving, are housed, boarded, or kept for remuneration, hire or sale. 88. Stacking: Means a method of storing cargo containers or a chassis in a vertical manner where the floor of the cargo container or bed of the chassis remains parallel to the ground. 89. Staging/Storage: Means the outdoor locating and containing of cargo containers on and off a chassis, or the chassis by itself until a method of transportation is established and utilized. 90. “Story” means that part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of a floor and the ceiling next above. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half story when between 50 and 75 percent of the area of its exterior walls is exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air. When less than 50 percent of the area of the walls of the first story is exposed to outside light and air entirely above grade, that story shall be classed as a basement and in the case of multiple-family dwellings may not be occupied as a residence by other than a caretaker or manager. 91. “Street” means a right-of-way which affords principal means of vehicular access to property abutting thereon. 92. “Street line” means the dividing line between the street right-of-way and the abutting property. 93. “Structure” means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, signs, and excepting customary utility poles, retaining walls and boundary fences. 94. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 95. “Total floor area” means the square foot area of a building, including accessory building, measured from outside wall surfaces, and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms, but excluding un-roofed balconies and patios. 96. “Tourist cabin or motel” means a building or buildings containing in the aggregate, on one undivided tract or parcel of land, a group of individual private units, each provided with a separate sleeping room or rooms, having both lavatory and toilet facilities, designed and to be used primarily for transient guests. 97. “Truck Trailer” – See Chassis. 98. “Variance” means a variation from a specific requirement in this title, as applied to a specific piece of property, as distinct from rezoning. 99. “Yard” means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. 100. “Yard, front” means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. 101. “Yard, rear” means a yard between the rear lot line and the rear line of the main building and the side lot lines. 102. “Yard, side” means a yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard. 103. “Zoning area” means the area that is zoned as set out on the official zoning map filed of record. 104. Zoning Regulation. The term “zoning regulation” or “this or these regulations” shall mean the requirements stipulated in the regulations herewith attached. 105. Section Two: Title 18.25.100 Landscaping, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: 18.25.100 Landscaping. See Chapter 18.165 GMC. Section Three:  Title 18.140.090 Accessory uses and buildings, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: 18.140.090 Accessory uses and buildings. Buildings and structures may be erected and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with, the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof and shall be on the premises of the main use. In any zoning district, permanent cargo containers are prohibited except where otherwise specified.  Cargo containers shall 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. Cargo containers may be used as temporary construction site storage for non-residential construction projects and for residential construction projects consisting of at least twenty (20) dwelling units, subject to the following regulations: 1. Cargo containers are prohibited as temporary construction site storage for residential construction projects (regardless of the number of units) in the following zoning districts:  A, RE, R-1, R-1A, RP-1, R-2, RP-2, M-P and M-S.  2. Cargo containers must be located on a platted lot that has an active building permit.  3. Cargo containers on lots smaller than five (5) acres shall not remain on the lot longer than six (6) months, even if a building permit is still active.  Cargo containers on lots that are five (5) acres or larger shall not remain on the lot longer than nine (9) months, even if a building permit is still active. 4. Items stored in cargo containers must be used on the same platted lot where the cargo containers are located.  The cargo containers shall not be used to store items for use on other construction sites. 5. Cargo containers shall be located at least ten (10) feet from all property lines. 6. At the time of placement, cargo containers shall not be located within 100 feet of any occupied dwelling unit. 7. Cargo containers shall be kept safe, structurally sound, stable, and in good repair.  Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property to a location that can legally accept it. 8. The property surrounding the cargo containers (within 10 feet) shall be maintained and kept free of weeds. 9. The maximum number of cargo containers allowed for temporary construction site storage per lot per year (any 12 month consecutive period) shall be as follows: (a) Lots that contain five (5) acres or less are permitted a maximum of one (1) cargo container. (b) Lots that are more than five (5) acres and less than ten (10) acres in size are permitted a maximum of three (3) cargo containers. (c) Lots that are ten (10) acres or larger are permitted a maximum of six (6) cargo containers. 10. No cargo container shall be allowed for temporary construction site storage until a temporary cargo container permit has been obtained from the Community Development Department.  There shall not be any additional fees to obtain the temporary cargo container permit.  The permit application shall include a site plan or plot plan showing where the container will be located on the site.  Permitted cargo containers shall not be relocated on the site without updating the permit
. 11. The Codes Administrator may grant an exception to any of the above restrictions (1 through 9) only if the construction project has a unique characteristic that warrants special consideration.  Any such exception may be subject to additional conditions or restrictions as deemed necessary by the Codes Administrator. Section Four:  Title 18.140.140 Districts M-1 and M-2, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: A.   Uses. In the M-1 and M-2 Districts, accessory uses are as follows: parking and loading areas, signs as permitted by this title, security and screen fencing, radio and microwave towers to heights as set out in this title, gatehouse, loading equipment, employee recreation and other similar uses.  B. On platted lots larger than one acre, a maximum of two (2) permanent cargo containers may be used as cargo container storage sheds, provided that: 1. The cargo containers must be located within an outdoor storage area that is properly screened according to the use limitations for outdoor storage areas (GMC 18.95.070 or 18.100.070) and screening requirements (GMC 18.165.090). 2. No cargo container may be located within 20 feet of any property line. 3. All signage on the cargo container shall be removed and the cargo container shall be painted an earth tone color. 4. Cargo containers shall be anchored to the ground, and must be maintained such that they are safe, structurally sound, stable, and in good repair.  Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property to a location that can legally accept it. 5. Cargo containers shall 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. Section Five:  Title 18.145.010 Intent, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: 18.145.010 Intent. Certain uses of land or buildings may not be appropriate under all circumstances
Continued on page 9
Ordinance No. 2358
Continued from page 10
in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of the use with surrounding uses. It is the intent of this Chapter to allow for such uses by the granting of a special use permit, subject to approval by the City Council, after recommendation by the Planning Commission and subject to the same procedures used for conditional use permits (GMC 18.185). Section Six:  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. 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 a
nd 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 Seven:  Title 18.160.030 Additional regulations, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to add 18.160.030 G to read as follows:  G. One (1) temporary cargo container is allowed per dwelling unit for up to two (2) weeks, provided that: 1.    The temporary cargo container may only be used for purposes of storage in conjunction with moving or relocating residents’ household belongings. 2. Each dwelling unit is entitled to no more than two (2) temporary cargo containers per year (any 12 month consecutive period).  3. The temporary cargo container must be located on a paved surface. 4.The temporary cargo container may not be located on any public or private street.  Additionally, the temporary cargo container may not be placed in any sight triangle or in any location that would interfere with traffic safety. A resident may apply for a permit for an extension to allow a cargo container to remain for an additional two (2) weeks.  There shall be no fee for the permit. Section Eight:  Title 18.190.010 B. 6. Meetings, of the Code of the City of Gardner, Kansas, 2008 is hereby amended to read as follows: 6.    Meetings.  Meetings of the Board shall be held at the call of the Chairman; provided, that whenever three or more members of the Board request the Chairman to summon a meeting of the Board, the Chairman shall call a meeting; provided further, that the Secretary of the Board shall keep minutes of its proceedings and official actions, and shall keep records of its examinations and findings, and shall file the same in the office of the Board or such other public place within the City where public records are filed; provided further, that the presence of three members of the Board shall constitute a quorum for transacting business and taking official action; and provided further, that the concurring vote of at least three members of the Board shall be necessary to effect a ruling of the Board. Section Nine:  All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto. Section Ten:  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 6th day of December, 2010. APPROVED by the Mayor this 6th day of December, 2010.   CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest:  Doreen K. Pesek, City Clerk