ORDINANCE NO. 2397
 
 
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT ON CERTAIN LANDS LOCATED
IN THE CITY OF GARDNER, KANSAS, UNDER THE AUTHORITY GRANTED BY THE
GARDNER, KANSAS, ZONING ORDINANCE (CUP-12-04).
 
 
 
 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER,
KANSAS:
 
 SECTION ONE: That having received a recommendation from the Planning
Commission on June 26, 2012, and proper notice having been given and hearing held as
provided by law and under the authority of and subject to the provisions of the Gardner, Kansas,
Zoning Ordinance, a Conditional Use Permit is issued on lands legally described as follows:
 
 
 
CASE NO. CUP-12-04
 
 
 
The storage of donated items collected for recycling and repurposing in a C-2, General
Business District, located at 408 E Main Street, subject to the following conditions:
 
 
 
a) No drop-off activity shall be conducted outside of the business hours of 8am to 5 pm
Monday through Friday, or by appointment with staff present to ensure the items are
placed in the building or trailer immediately.
b) The types of items collected and processed shall be limited to typical household
consumer electronics and appliances.
c) Hazardous materials, beyond that typically found in the item to be recycled, shall not be
collected on-site. Additionally, no hazardous materials shall be processed on-site.
d) Only one 16-foot trailer or smaller may be located on the property at any time in support
of the recycling activity of this business. Such trailer shall be parked along the east side
of the building in a manner that does not block any parking spaces or drive lanes, nor
interfere with the circulation of vehicles on the property.
e) The trailer shall be closed and locked at all times unless in the active process of loading
or unloading the trailer. Additionally, the trailer shall be secured in a manner that
prevents it from being moved while parked on-site.
f) The trailer shall at no time incorporate signage or attention-attracting devices or lighting
of any type.
g) There shall be no outside storage of any items on the property.
h) If not renewed, the Conditional Use Permit shall expire on July 31, 2022.
 
 
 
 
Legal Description: BEGINNING AT A POINT ON THE SECTION LINE AT THE SOUTHWEST
CORNER OF THE EAST ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION
24, TOWNSHIP 14, RANGE 22, IN THE CITY OF GARDNER, JOHNSON COUNTY, KANSAS;
THENCE NORTH 181.2 FEET;THENCE EAST 110 FEET; THENCE SOUTH 181.2 FEET;
THENCE WEST ALONG SECTION LINE TO POINT OF BEGINNING, EXCEPT THAT
PORTION DEEDED OFF THE SOUTH SIDE OF ABOVE TRACT TO THE STATE OF KANSAS
FOR HIGHWAY PURPOSES.
 
 
 
 SECTION TWO: That upon the taking effect of this Ordinance, the above conditional
use permit shall be incorporated and shown on the Zoning District Map previously adopted by
reference, and said Zoning District Map is hereby reincorporated as a part of the Zoning
Ordinance as amended.
 
 
 
 
 
 SECTION THREE: That this Ordinance shall take effect and be in force for an indefinite
period of time from and after its adoption by the City Council and publication in the official City
Newspaper.
 
 
 
SECTION FOUR: That this area lies within one mile of New Century AirCenter, and
pursuant to K.S.A. 3-307e, the conditional use permit must have the approval of the Board of
County Commissioners of Johnson County, Kansas.
 
 
 
PASSED by the City Council this 16th day of July, 2012.
 
APPROVED by the Mayor this 16th day of July, 2012.
 
 
 
 
 
 
 
 CITY OF GARDNER, KANSAS
 
(SEAL)
 
 /s/ David C. Drovetta
 
 Mayor
 
 
 
Attest:
 
 
 
/s/ Doreen K. Pesek
 
City Clerk
 
 
 
 
 
 
 
ORDINANCE NO. 2397
 
 
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT ON CERTAIN LANDS LOCATED
IN THE CITY OF GARDNER, KANSAS, UNDER THE AUTHORITY GRANTED BY THE
GARDNER, KANSAS, ZONING ORDINANCE (CUP-12-04).
 
 
 
 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER,
KANSAS:
 
 SECTION ONE: That having received a recommendation from the Planning
Commission on June 26, 2012, and proper notice having been given and hearing held as
provided by law and under the authority of and subject to the provisions of the Gardner, Kansas,
Zoning Ordinance, a Conditional Use Permit is issued on lands legally described as follows:
 
 
 
CASE NO. CUP-12-04
 
 
 
The storage of donated items collected for recycling and repurposing in a C-2, General
Business District, located at 408 E Main Street, subject to the following conditions:
 
 
 
a) No drop-off activity shall be conducted outside of the business hours of 8am to 5 pm
Monday through Friday, or by appointment with staff present to ensure the items are
placed in the building or trailer immediately.
b) The types of items collected and processed shall be limited to typical household
consumer electronics and appliances.
c) Hazardous materials, beyond that typically found in the item to be recycled, shall not be
collected on-site. Additionally, no hazardous materials shall be processed on-site.
d) Only one 16-foot trailer or smaller may be located on the property at any time in support
of the recycling activity of this business. Such trailer shall be parked along the east side
of the building in a manner that does not block any parking spaces or drive lanes, nor
interfere with the circulation of vehicles on the property.
e) The trailer shall be closed and locked at all times unless in the active process of loading
or unloading the trailer. Additionally, the trailer shall be secured in a manner that
prevents it from being moved while parked on-site.
f) The trailer shall at no time incorporate signage or attention-attracting devices or lighting
of any type.
g) There shall be no outside storage of any items on the property.
h) If not renewed, the Conditional Use Permit shall expire on July 31, 2022.
 
 
 
 
Legal Description: BEGINNING AT A POINT ON THE SECTION LINE AT THE SOUTHWEST
CORNER OF THE EAST ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION
24, TOWNSHIP 14, RANGE 22, IN THE CITY OF GARDNER, JOHNSON COUNTY, KANSAS;
THENCE NORTH 181.2 FEET;THENCE EAST 110 FEET; THENCE SOUTH 181.2 FEET;
THENCE WEST ALONG SECTION LINE TO POINT OF BEGINNING, EXCEPT THAT
PORTION DEEDED OFF THE SOUTH SIDE OF ABOVE TRACT TO THE STATE OF KANSAS
FOR HIGHWAY PURPOSES.
 
 
 
 SECTION TWO: That upon the taking effect of this Ordinance, the above conditional
use permit shall be incorporated and shown on the Zoning District Map previously adopted by
reference, and said Zoning District Map is hereby reincorporated as a part of the Zoning
Ordinance as amended.
 
 
 
 
 
 SECTION THREE: That this Ordinance shall take effect and be in force for an indefinite
period of time from and after its adoption by the City Council and publication in the official City
Newspaper.
 
 
 
SECTION FOUR: That this area lies within one mile of New Century AirCenter, and
pursuant to K.S.A. 3-307e, the conditional use permit must have the approval of the Board of
County Commissioners of Johnson County, Kansas.
 
 
 
PASSED by the City Council this 16th day of July, 2012.
 
APPROVED by the Mayor this 16th day of July, 2012.
 
 
 
 
 
 
 
 CITY OF GARDNER, KANSAS
 
(SEAL)
 
 /s/ David C. Drovetta
 
 Mayor
 
 
 
Attest:
 
 
 
/s/ Doreen K. Pesek
 
City Clerk
 
 
 
 
 
ORDINANCE NO. 2397
 
 
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT ON CERTAIN LANDS LOCATED
IN THE CITY OF GARDNER, KANSAS, UNDER THE AUTHORITY GRANTED BY THE
GARDNER, KANSAS, ZONING ORDINANCE (CUP-12-04).
 
 
 
 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER,
KANSAS:
 
 SECTION ONE: That having received a recommendation from the Planning
Commission on June 26, 2012, and proper notice having been given and hearing held as
provided by law and under the authority of and subject to the provisions of the Gardner, Kansas,
Zoning Ordinance, a Conditional Use Permit is issued on lands legally described as follows:
 
 
 
CASE NO. CUP-12-04
 
 
 
The storage of donated items collected for recycling and repurposing in a C-2, General
Business District, located at 408 E Main Street, subject to the following conditions:
 
 
 
a) No drop-off activity shall be conducted outside of the business hours of 8am to 5 pm
Monday through Friday, or by appointment with staff present to ensure the items are
placed in the building or trailer immediately.
b) The types of items collected and processed shall be limited to typical household
consumer electronics and appliances.
c) Hazardous materials, beyond that typically found in the item to be recycled, shall not be
collected on-site. Additionally, no hazardous materials shall be processed on-site.
d) Only one 16-foot trailer or smaller may be located on the property at any time in support
of the recycling activity of this business. Such trailer shall be parked along the east side
of the building in a manner that does not block any parking spaces or drive lanes, nor
interfere with the circulation of vehicles on the property.
e) The trailer shall be closed and locked at all times unless in the active process of loading
or unloading the trailer. Additionally, the trailer shall be secured in a manner that
prevents it from being moved while parked on-site.
f) The trailer shall at no time incorporate signage or attention-attracting devices or lighting
of any type.
g) There shall be no outside storage of any items on the property.
h) If not renewed, the Conditional Use Permit shall expire on July 31, 2022.
 
 
 
 
Legal Description: BEGINNING AT A POINT ON THE SECTION LINE AT THE SOUTHWEST
CORNER OF THE EAST ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION
24, TOWNSHIP 14, RANGE 22, IN THE CITY OF GARDNER, JOHNSON COUNTY, KANSAS;
THENCE NORTH 181.2 FEET;THENCE EAST 110 FEET; THENCE SOUTH 181.2 FEET;
THENCE WEST ALONG SECTION LINE TO POINT OF BEGINNING, EXCEPT THAT
PORTION DEEDED OFF THE SOUTH SIDE OF ABOVE TRACT TO THE STATE OF KANSAS
FOR HIGHWAY PURPOSES.
 
 
 
 SECTION TWO: That upon the taking effect of this Ordinance, the above conditional
use permit shall be incorporated and shown on the Zoning District Map previously adopted by
reference, and said Zoning District Map is hereby reincorporated as a part of the Zoning
Ordinance as amended.
 
 
 
 
 
 SECTION THREE: That this Ordinance shall take effect and be in force for an indefinite
period of time from and after its adoption by the City Council and publication in the official City
Newspaper.
 
 
 
SECTION FOUR: That this area lies within one mile of New Century AirCenter, and
pursuant to K.S.A. 3-307e, the conditional use permit must have the approval of the Board of
County Commissioners of Johnson County, Kansas.
 
 
 
PASSED by the City Council this 16th day of July, 2012.
 
APPROVED by the Mayor this 16th day of July, 2012.
 
 
 
 
 
 
 
 CITY OF GARDNER, KANSAS
 
(SEAL)
 
 /s/ David C. Drovetta
 
 Mayor
 
 
 
Attest:
 
 
 
/s/ Doreen K. Pesek
 
City Clerk