A. This article describes the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said section in the “Uses Permitted Upon Review” column in the permitted uses by use group.
B. In all instances where approval of an application for a Uses Permitted upon Review or Temporary Uses Permitted upon Review is required from the City Council as set forth in 18-2224 through 18-2228. And where the meeting of special conditions is required, the City Council shall first make a finding to the effect that the proposed use, as described in applications, plan or other documents submitted by the applicant, will meet such conditions before approval is granted.
A. Adult business establishments shall be subject to the following use supplementary use standards:
(1) Location and Distance Requirements
(a) Residential: No adult business shall be granted for an adult business within 250 feet of residential zoned property.
(b) Schools and Parks and Religious Institutions: No permit shall be granted for any adult business establishment within 1,000 feet of any school, church, licensed childcare center, government building.
(c) Other Adult Uses: No permit may be granted for any adult business establishment within 1,000 feet of any other entertainment establishment.
(d) Facility with a liquor license: No permit shall be granted for any adult business establishment within 1,000 feet of any business licensed to sell or serve alcoholic or cereal malt beverages, whether or not such business is also an adult business establishment.
(2) Measurement of Distance
(a) The distance between any adult business establishment and any religious institution, school, public park or childcare facility or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution or place of worship, private or public school, park, childcare facility or property zoned for residential use.
(b) The distance between any 2 adult business establishments or between any adult use and adult business establishment shall be measured in a straight line, without regard to intervening structure, from the closest exterior structural wall of each business.
(3) Other Regulations:
(a) Adult business establishments must also comply with all other regulations contained in the City Code, including, but not limited to Ordinance 623.
A. Any airport, aircraft, landing strip, or heliport shall be located no nearer than 600 feet to any other property in a residential district shall:
(1) Provide runways or other landing spaces only so located and oriented that aircraft landing and taking off do not normally pass directly over the residential district below 200 feet.
(2) Be located that air or land traffic shall not become objectionable to neighboring uses.
(3) Show that adequate measures will be taken to prevent offensive dust, noise, vibrations and bright lights; and
(4) Meets the standards of the Federal Aviation Agency for the particular class of field proposed to be developed.
A. Livestock includes but is limited to horses, mules, cattle, burros, llamas, swine, sheep, and goats. Poultry include, but are limited to chickens, turkeys, game birds, peafowl and Ostriches.
B. Where the property is less than 20 acres a Use Permitted Upon Review is required.
C. The City will pay for expense related items if land is annexed into the City.
18.1604 Animal Hospital, Commercial Kennels, Livestock Sales, Riding Academy, Public Stable, and Veterinarian’s Office
A. In those districts where permitted, shall be subject to the following regulations:
(1) Animal hospital, pound or shelter, commercial kennel for cats or dogs, livestock sales or feeding facilities, riding academy, public stable, or veterinarian’s office with animals on the premises in outside enclosures shall be located no nearer than 150 feet to residential districts and no nearer to adjoining property line than 100 feet.
(2) Proponents of the above uses shall show that adequate measures will be taken to prevent odor, dust, noise, or drainage from becoming objectionable to uses on other properties. No incineration of animal refuse shall be permitted.
A. Space shall be provided on the same lot for not less than 3 automobiles per washing lane.
B. Should be designed so as to face away from streets and residential areas.
C. Landscaping must comply with Article 18.
D. In order to protect neighboring property from potential loss of use or diminishment of land value, the Planning Director may recommend, and the Planning Commission may approve an increase in buffer for approved outdoor vehicular use areas.
A. Shall be located no closer than 1500 feet from any R-1, R-2, and R-3 District.
B. If enclosed by a solid fence or wall of at least 6 feet high, the track can be located no closer than 1000 feet.
A. Bars, nightclubs, and drinking establishments shall comply with the following standards:
(1) Setback from Residential:
(a) No permit shall be granted for a bar, nightclub or drinking establishment unless the distance between the walls of the facility within which the operation is located and the nearest property used or zoned for residential purposes is greater than 200 feet.
(2) Setback from Schools:
(a) No permit shall be granted for a bar, nightclub or drinking establishment unless the distance between the walls of the facility within which the operation is located and the nearest private or public school property is over 1,000 feet.
(3) Food Sales:
(a) All drinking establishments shall derive a minimum of 30 percent of their gross revenues from food sales as stated in K.S.A. 41-2601. Upon request of the Planning Director, the drinking establishment shall be required to submit documentation verifying this food requirement is being met.
Duration of Permits:
(a) Where only permitted through the Uses Permitted Upon Review, the initial permit may be granted for a period up to 12 months with renewal granted for up to 5 years thereafter, provided all standards of performance are being met.
(4) Trash Receptacles:
(a) All facilities shall provide their own enclosed trash and recycling receptacles, wither inside or outside of the facility, of sufficient size to adequately and sanitarily contain all disposable trash and recyclable materials produced by the facility, subject to review and approval of the Fire Department.
(b) Trash receptacles shall meet screening requirements in Article 18-1806.H.
(c) The management will be responsible for the policing of all trash and recyclable material associated with the orientation of the facility.
(5) Outdoor Seating/Activity Areas:
(a) To protect neighboring property from potential loss of use or diminishment of land value, the Planning Director may recommend, and the Planning Commission may approve an increase in a buffer area for approved outdoor seating/activity areas.
(6) Revocation of Permits:
(a) Uses Permitted Upon Review for these operation may be revoked at any time by the City Council upon determination that the standards of performance, attached stipulation, or any other city Ordinance associated with the operation of these facilities is not being complied with.
(7) Licensing:
(a) All bars, nightclubs and drinking establishments shall comply with applicable State and local licensing requirements.
(8) Exceptions:
(a) The City Council may grant exceptions to any of the supplementary use standards of this subsection when it finds that the granting of the proposed permit without such standard(s) will not create or cause substantial damage or hardship to the nearest residentially zoned property or public or private school property or other surrounding property.
A. A bed and breakfast establishment with 7 or fewer guest bedrooms shall be operated as an incidental use to the primary use of the structure as an owner-occupied residence.
B. A bed and breakfast establishment with 8 or more guest bedrooms shall be considered a Bed and Breakfast Inn. It shall be required to have a full-time resident manager or owner on the site; and shall be licensed by the State of Kansas to do business.
A. Bees or beehives shall be allowed in Use Group 1.
A. In those districts where permitted, shall be subject to the following regulations:
(1) Is required to obtain a Certificate of Occupancy from the Building Inspector.
(2) Shall have no facilities located nearer to an R-1, R-2, R-3 or PRD District than 250 feet.
(3) If residential structures occupied, it shall not be located nearer than 300 feet.
(4) Must have access drives so located as to minimize traffic hazards.
(5) Must show that adequate measures will be taken to prevent odor, dust, noise, lights, and traffic from becoming objectionable to uses on other properties.
(6) Each Certificate of Occupancy shall be valid for a period of not more than 7 days and shall not be granted for more than 3 such periods for the same location within 90-day period.
These uses shall have its principal entrance or entrances on a major thoroughfare, with ingress and egress so designed as to minimize traffic congestion and shall provide a wall or fence that meets standards in Article 18-513 and Article 18-1806.
A. Shall comply with K.S.A. 65-501 through 65-530.
B. Childcare homes shall require a Use Permitted Upon Review when either more than 2 adults are required for supervision and/or there are more than 12 children under the supervision of one adult.
C. If by the Franklin County Health Department classifies the site as a child care center, it shall be on a site of at least 6,000 sq. ft. and shall maintain a wall or fence at least 4 feet high between any play area and any other property in a residential district. A UPR shall be required before the proposed use may begin or continue as an allowed use.
Such uses shall be permitted in the following districts, subject to the indicated site standards:
When permitted in residential districts, shall observe the site standards as required for churches in Article 18-1613 and shall be so located that no ingress or egress (other than a service entrance on an alley) is from any street other than a collector thoroughfare or a major thoroughfare. No swimming pool or accessory to a private club or lodge shall be located nearer to other property in a residential district than one-half the required yard dimension. Additionally, whenever any such facility is located within any part of a required side or rear yard, adjoining property in a residential district shall be effectively protected by a fence or wall that meet standards in Article 18-513 and Article 18-1806.
A. Outdoor storage areas permitted under the definitions of construction sales and service, general and limited, shall be subject to the following supplementary use regulations:
(1) Screening and Enclosures:
(a) Outdoor storage areas shall comply with the screening requirements in 18-1806.
(b) Fences and walls used to provide screening shall comply with the fence requirements in Article 18-513 and Article 18-1806.
(c) No signs or advertising devices shall be placed upon fences or walls used to provide visual screening of outside storage areas.
(d) Outdoor storage areas permitted under the definition of construction sales and service, limited shall be ancillary to the primary use amend may not exceed 15 percent of the main building floor area unless the screening method is an extension of the architecture of the main building.
(2) Storage of Material:
(a) All material on the premises of the outside storage areas shall be arranged to permit reasonable inspection and access to all parts of the premises by fire, police, and City authorities.
Such uses shall provide parking with ingress and egress designed so as to minimize traffic congestion. It shall be not less than 20 feet from any property line and provide a minimum 6 feet high solid board or masonry wall separating the entire area from abutting property in a residential district. Additionally, adequate control or measures shall be taken to prevent offensive noise, light and vibration.
A. The design and intent of the Inner Neighborhood District is to integrate commercial use which are compatible with the uses and character of established inner residential neighborhoods. These development standards are provided to promote the harmonious integration and compatibility of commercial and established residential uses. Commercial development in the C-1 District is required to conform with the following additional development standards:
(1) For fence requirements see Article 18-513 and Article 18-1806.
(2) At least one lot line shall be adjacent to a collector or arterial thoroughfares. Alleys may serve as secondary access to a site or as a service drive to a site.
(3) No exterior storage yards or outside sales areas shall be permitted on the site.
(4) Exterior lighting shall be designed and installed to prevent glare onto adjacent lots or public right-of-ways.
(5) Off-street parking shall be designed to take advantage of exiting public alleys, where available.
(6) Distance between C-1 districts shall be no closer than 500 feet.
A. Mining, including extraction of clay, gravel or sand; quarrying of rock or stone; earth moving and excavation, including removal of topsoil; depositing of construction material, clay, earth, gravel, minerals, rock, sand or stone on the ground shall not be construed to be a permitted use in any district.
B. If a Temporary Uses Permitted upon Review application is approved as provided in Article 18-2226 it shall be allowed The following conditions do not need such a permit;
(1) Excavation for the foundation of basement of any building or for a swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.
(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than 4 feet of vertical height.
(3) Grading in a subdivision which has been approved by the City in accordance with the City of Wellsville Subdivision Regulations and any amendments thereto.
(4) Any extractive operation existing and operating as such on the effective date of this Article shall conform with the provision set forth herein within 1 year of the adoption of this Article.
C. The City Council shall have the power to approve application for Temporary Uses Permitted upon Review, revocable and valid for specified periods of time, to permit mining or extractions from or deposits on the earth or rock, stone, gravel, sand, earth, minerals, or building or construction materials as set forth in Article 18-2228.
D. The Building Inspector shall make such inspection as he deems necessary or as are required by the City Council to insure that all work is in accordance with the approved Temporary Use Permitted upon Review application.
A. A yard or area for exterior storage is allowed as an accessory use to the principal use of the property in all commercial and industrial districts.
B. The surface of the exterior storage yard or area shall be screened from view of adjacent properties and street right-of-way by a solid wall, fence or landscape hedge of sufficient height to be screened and within the requirements of Article 18-513 and Article 18-1806.
C. When a site plan is required for the principal use on the property, the exterior storage yard or areas shall be shown on the site plan.
Shall be located on major thoroughfares. Lights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf-driving platform shall not be less than 200 feet from any adjacent property line located in a residential district.
18.1621 Junkyard, Salvage Yards or Auto Wrecking Yards or the Storage or Processing of Used Machinery, Building Materials, Plumbing Fixtures, or Appliances
The City Council shall have the power to approve such applications for a “Use Permitted upon Review” only after it has been found and determined that the proposed use will not be detrimental to the existing land uses in the area and that the health, safety, and welfare of neighboring property owners will not be unduly affected, and further, that the following requirements have been met:
(1) A solid masonry wall or solid wood fence shall screen all exterior storage and processing areas abutting a thoroughfare at least 6 feet high. It shall be designed and located to prevent visibility of stored or stacked material and such fence shall be located no closer than 15 feet to any street right-of-way. In no case shall the height of the solid fence exceed 8 feet. No stored or stacked material shall exceed the height of the fence. Fencing shall be placed along the side and rear of all processing areas.
(2) No open burning of junked, salvaged, or discarded materials shall be permitted. Incinerators may be used for burning of wastes or the conducting of salvage operations if such they are of a type approved by the Kansas State Department of Health.
A. The following standards apply to residential-designed manufactured homes:
(1) Minimum dimensions of the body width shall be 22 feet;
(2) Minimum roof pitch shall be 4 inches in height to running 12 inches;
(3) Siding material shall be wood, masonry, composition board or finished aluminum lap siding or other materials normally found on site built homes;
(4) Roofing materials shall be wood, composition, fiberglass, asphalt, or clay shingles or concrete or slate tile;
(5) On level sites the main floor shall be no greater than 20 inches above finished grade at the foundation. On sloping or irregular sites the side closest to grate level shall not be greater than 20 inches above finished grade at the foundation; and
(6) Structure shall be permanently mounted on a foundation or basement, which meets the provision of the Wellsville Codes.
B. Further information concerning Manufactured Homes is found in Article 18-2815.
A. The purpose and intent of regulating special events is to :
(1) Provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public;
(2) Protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use; and
(3) Preserve the public health, safety and convenience.
A. See definition in Article 18-2820.
B. Special event shall mean a temporary, short-term use of land or structures, not otherwise included as a permitted or accessory use by the Wellsville Zoning Regulations. The following are the different types:
(1) Type 1: Fund-raising or non-commercial events for nonprofit religious, educational or community service organization, including any structures in conjunction with the event.
(2) Type 2: Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district, such as outdoor entertainment or display booths.
(3) Type 3: Outdoor commercial activities intended to sell, lease, rent or promote specific merchandise or services (such as tent sale, farmers market or product demonstration) or outdoor seasonal events which will draw additional visitors to a property and including licensed transient merchant requiring use of a tent or structure.
(4) Type 4: Christmas tree sales.
(5) Type 5: Public events intended primarily for entertainment or amusement, such as concerts or festivals.
A. The following are special events of Type 1 that are allowed without a Temporary Use Permit provided that all of the following standards are met:
(1) The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.
(2) Any structure used in conjunction with the special event shall meet all applicable yard setbacks, shall be subject to a valid building permit, shall meet uniform fire code requirements, and shall be removed within 24 hours upon the cessation of the event.
(3) The special event shall be restricted to hours of operation between 8 AM and 10 PM to a maximum of 3 days, and to a maximum frequency for similar events of 2 times per calendar year.
(4) Signs displayed in conjunction with the use shall comply with Article 19.
A. Special events that do not meet criteria of 18-1626 and/or are of Type 2, Type 3 may be permitted administratively by the Planning Director, but may be subject to review from the Police, Fire, Building Inspector or Public Works Departments. No administrative Temporary Use Permits shall be issued unless all of the following standards are met:
(1) An application and site plan indicating the proposed use and any temporary structures or displays is submitted, and a fee paid in accordance with Article 22.
(2) The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and specific location of event.
(3) The activity shall not cause the overcrowding of parking facilities. Permits may not be issued for properties, which do not provide parking spaces in excess of the number required in the zoning ordinance to support the principal use on the property.
(4) The special event shall not endanger the public health, safety or welfare given the nature of the activity, its location on the site, and its relationship to parking and access points.
(5) The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, and litter or visual pollution.
(6) Any structure used in conjunction with the special event shall be subject to a valid Building Permit and shall meet uniform fire code requirements and shall be removed with 24 hours upon the cessation of the event.
(7) Cars, trucks and vans may not be used for the sale of merchandise. Vehicles used for the storage of merchandise associated with an approved temporary use may only be located on site during the approved hours of operation of the special event.
(8) The special event shall be conducted on private property that has an approved site plan in a commercial or industrial zoning district where the property owner has granted the appropriate written permission.
(a) Nonprofit organization may conduct events on any planned property (in any zoning district) where the property owner has granted the appropriate written permission.
(9) The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed 14 days.
(10) Signs displayed in conjunction with use shall comply with Article 19 and shall not be located on public right-of-way and displayed only during hours of operation.
A. Any special event no meeting the criteria of Article 18-1826 and 18-1627 may be granted a Temporary Use Permit Upon Review by the City Council. Such permit may be subject to such conditions and safeguards, as the City Council may deem necessary to protect the public health, safety and welfare. These conditions may include by shall not be limited to:
(1) Restriction on the hours of operation, duration of the event, size of the activity or other operation characteristic.
(2) The posting of a performance bond to help ensure that the operation of the event and subsequent restoration of the site are conducted according to City Council expectations.
(3) The provision of traffic control or security personnel to increase the public safety and convenience.
(4) Obtaining liability and personal injury insurance in such form and amount as the City Council may find necessary to protect the safety and general welfare of the community.
(5) Signs displayed in conjunction with use shall comply with Article 19 and shall not be located on public right-of-way and displayed only during hours event is in operation.
(6) Further guidelines found in Article 18-116.
For application see Article 18-2230 and for fees see Article 18-2238.
A. Commercial stables shall be subject to the following supplementary use regulations:
(1) Location:
(a) Commercial stables shall be allowed in R-1 Districts and only lots with a minimum area of 3 acres unless the zoning district in which the use is located requires a larger acreage. In such case, the larger minimum shall apply.
(b) No commercial stable or corral shall be located within 100 feet of any dwelling unit on another lot, within 100 feet of the front lot line or within 50 feet of any side or rear property line.
(2) Plan Approval
(a) Site Plan Review shall be approved by the City as outlined in Article 18-2214.
A. Any swimming pool in any district shall:
(1) Be located at least 10 feet from the nearest property line.
(2) Be so walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property.
(3) Be screened by a masonry wall or solid fence at least 6 feet high on any side facing the property line of any property in a residential district, if said pool is located within any part of a required side or rear yard.
B. No swimming pool shall be permitted in any residential district unless such pool:
(1) Is owned and operated by a public agency,
(2) Is accessory to a residential use, or
(3) Is accessory to a non-residential use, which is permitted in a district.
C. Except for a pool owned and operated by a public agency, no pool shall be permitted in any residential district unless the pool is intended for the use of, and is used by, only the occupants of the principal use of the property on which the pool is located, or their guests.
(Ordinance 823: 1/13/10)
A. Temporary outdoor sales, such as seasonal sales of bedding plants, and sidewalk sales operated by the principal commercial user on the property, shall be permitted according to the following standards:
(1) Outdoor sales areas:
(a) The display area must be on a hard surface adjacent to the commercial building and behind the front building line;
(b) The location of the outdoor sales areas shall conform to the building setbacks of the zoning district in which the commercial enterprise is located, and in no event shall the areas be located closer than 25 feet to an adjacent public right-of-way;
(c) The perimeter of the area must be delineated with some form of semi-permanent enclosure such as split-rail fencing, and shall enclose no more than 1000 sq. ft;
(d) The square footage included in the outdoor display area shall be included in the calculation of the number of required parking spaces to be provided on the site;
(e) Seasonal display areas shall be used for no more than 120 days in any calendar year;
(f) Prior to use of such an outdoor sales area, an administrative revision to the approves site plan shall be examined and approved by the Planning Director; and
(g) Use of tents, temporary structures or sales from cars, trucks, vans and trailers will require issuance of a Temporary Use Permitted Upon Review as set forth in Article 18-116 and Article 18-2224 through 18-2228.
(2) Sidewalk sales areas:
(a) Outdoor seasonal display/sales or food carts may occur along a paved sidewalk immediately adjacent to the building extending no greater than ½ the width of the sidewalk, but in no event shall less than 4 feet of unobstructed area from the outside edge of the sidewalk toward the building be provided.
(b) Seasonal displays shall be temporary in nature. Year round displays of merchandise on the sidewalk adjacent to the building is not permitted.
Commercial uses listed in Use Group Seven of these Regulations may be considered in residential districts, subject to the requirements of Article Sixteen, Uses Permitted Upon Review, provided that the subject property meets all of the following conditions:
(1) It is at least one acre in size
(2) It is abutted on at least two sides by commercial or industrial uses.
(3) It is within 500 feet of an arterial road or Federal or State Highway.
Residential uses in the “C-1” district shall be subject to the following additional use limitations:
(1) Residential uses shall be complementary and secondary to the primary retail commercial and office uses of the central business district.
(2) Residential uses shall be restricted from street-level building floors except as permitted through a special use permit. In no case shall a residential use occupy a street-level storefront.
(3) Residential uses shall not restrict or limit hours of operation, parking, loading, unloading, trash disposal or other activities associated with the commercial or office uses in the central business district.
(4) Parking for residential uses shall not be permitted on front streets, or in other established parking areas intended to service commercial or office uses during established business hours.
(5) New construction, renovation or other improvements required to accommodate residential uses shall be complementary to the established character of the central business district size