1.    Purpose of zoning districts.   Zoning districts are established in this article to implement the City of Maize Comprehensive Plan, to promote compatible land use patterns and to establish development standards appropriate for each zoning district.

2.    Zoning districts established.  The following base zoning districts, special purpose zoning districts and overlay zoning districts are hereby established:

 

MAP CODE                DISTRICT NAME

 

Residential Base Districts

RR                               Rural Residential

SF-20                            Single-Family Residential

SF-10                            Single-Family Residential

SF-5                             Single-Family Residential

TF-3                             Two-Family Residential

MF-18                          Multi-Family Residential

MF-29                          Multi-Family Residential

B                                  Multi-Family Residential

MH                              Manufactured Housing

 

Commercial/Industrial Base Districts

NO                               Neighborhood Office

GO                               General Office

NR                               Neighborhood Retail

LC                                Limited Commercial

OW                              Office Warehouse

GC                               General Commercial

IP                                 Industrial Park

LI                                 Limited Industrial

GI                                 General Industrial

 

Special Purpose and Overlay Districts

PUD                             Planned Unit Development

CUP                             Community Unit Plan Overlay

P-O                               Protective Overlay

H-O                              Historic Landmark Overlay

Zoning districts may be referred to throughout this Code by their map code designations.

3.    Zoning district hierarchy.  References in this Code to less restrictive or more restrictive zoning districts refer to the residential, commercial and industrial base districts established by Sec. III-A.2 and represent a progression from the RR district as the most restrictive base district to the GI district as the least restrictive base district.  Special purpose base districts and overlay districts are not included in the zoning district hierarchy.

4.    Zoning map.

a.     Adoption of official zoning map.  The boundaries of the zoning districts established by this Code shall be shown on a map or series of maps entitled “Official Zoning District Map.”  The legend of the Official Zoning District Map shall indicate the date of adoption.  Original copies of such maps and all amendments thereto shall be maintained in the office of the Planning Administrator.  In case of any dispute regarding the zoning classification of property subject to this Code, the original maps maintained by the Planning Administrator shall control.

b.     Omitted land.  In case any land subject to this Code has not been specifically included within any of the districts shown on such map such land shall automatically be classified into the SF-5 district if within the city limits of the City of Maize.

5.    District boundaries.  These provisions shall govern interpretations regarding the location of zoning district boundaries shown on the official zoning maps.

a.     Streets and alleys.  District boundaries are either streets or alleys, unless otherwise shown, and where the designation on the maps indicates the various districts as approximately following streets or alley lines, the street or alley line shall be construed to be the boundary of the district.

b.     Lot lines.  Where district boundaries are not otherwise indicated and where the property has been divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where bounded by lot lines, such lot lines shall be construed to be the boundary of such districts, unless such boundaries are otherwise indicated on the maps.

c.     Street vacations.  Whenever any street, alley or public way is vacated by official action of the Governing Body, the zoning districts abutting each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and thenceforth be subject to all regulations of the extended districts.

d.     Uncertainties.  Where physical or cultural features existing on the ground contradict those shown on the Official Zoning Map, or in case any other uncertainty exists, the location of district boundaries shall be determined by the Planning Administrator.

6.    Compliance with zoning district standards.  No building or structure shall be erected, converted, enlarged, reconstructed or altered for use, nor shall any building or structure or land be used or changed in use that does not comply with all of the district regulations established by this Code for the district in which the building or structure or land is located.

7.    Zoning district conversions.  Zoning district names and map code designations established according to ordinances and resolutions prior to August 31, 2006 are hereby converted as follows:

All references to old district names or old map codes in the Code of the City of Maize, or in any order, agreement, permit, license, covenant, or any other action entered or permitted by the City or by any person in reliance upon the City/County zoning designations shall be deemed to be reference to the corresponding new district name or map code.

9.    Continuance of Conditional Use and Special Use provisions.  All provisions of Conditional Uses and Special Uses approved under zoning codes in effect prior to August 31, 2006, shall be continued in full force and effect unless the subject uses are Permitted Uses under this new code.

10.   Classification of unlisted uses.  For uses not specifically listed in this Code or not obviously included in one of the comprehensive use definitions, the Planning Administrator shall have the authority to determine the appropriate district or districts that allow the use based on the use’s similarity to uses that are listed.

1.     (This district reserved)

2.     RR, Rural Residential District

a.     Purpose.  The purpose of the RR rural residential district is to accommodate very large-lot, single-family residential development in areas where a full range of municipal facilities and services are not available and not likely to be available in the near future.  The RR district is intended for application in unincorporated Sedgwick County.

b.    Permitted uses.  The following uses shall be permitted by-right in the RR district.

(1)   Residential uses

Single-family

Manufactured home (only in the County and subject to Sec. III-D.6.l)

(2)   Public and civic uses

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Utility, minor

(3)   Commercial uses

Kennel, hobby, subject to Sec. III-D.6.k

Wireless communication facility, subject to Sec. III-D.6.g

Art. III, Zoning District Standards

Sec. III-B, Base Districts (RR, Rural Residential)

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the RR district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Accessory apartment, subject to Sec. III-D.6.a

Group residence, limited and general

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Church or place of worship

Community assembly

Correctional facility, subject to Sec. III-D.6.h

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Day care, general, subject to Sec. III-D.6.i

Government service

Safety service

School, elementary, middle and high

Utility, major

(3)   Commercial uses

Airport or airstrip

Animal care, limited and general

Bed and breakfast inn

Kennel, boarding/breeding/training, subject to Sec. III-D.6.k

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

Recreation and entertainment, indoor and outdoor, subject to Sec. III-D.6.o

Recreational vehicle campground

Riding academy or stable

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, general

Landfill

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

Transfer station

(5)   Agricultural uses

Agricultural research

Agricultural sales and service

Grain storage

d.    Property development standards.  Each site in the RR district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  two acres; however, larger minimum lot size may be required per subdivision requirements for uses served by sewage lagoons, subject to the special district regulations of Sec. III-B.2.e

(2)   Minimum lot width:  200 feet

(3)   Minimum front setback:  30 feet

(4)   Minimum rear setback:  25 feet

(5)   Minimum interior side setback:  20 feet

(6)   Minimum street side setback:  20 feet

(7)   Maximum height:  35 feet; 45 feet if located at least 25 feet from all lot lines; no maximum height limit for barns, silos and other similar farm buildings; heights for Conditional Uses to be determined as part of the Conditional Use approval

e.     Special RR district regulations.  The following special regulations shall apply to property in the RR district.

(1)   Lot size requirements for uses served by sewage lagoons.  The minimum lot size for uses served by sewage lagoons shall be 4.5 acres, except that lot size for residential lots may be reduced to a minimum of two acres if approved by the Sedgwick County Division of Health, and if the lot is included in a platted and recorded addition in which lots are clustered in an arrangement with one or more open space reserves, and the overall density of the addition, including all lots and rights-of-way and open space, does not exceed one lot per five acres.

(2)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

3.     SF-20, Single-Family District

a.     Purpose.  The purpose of the SF-20 single-family district is to accommodate large lot, single-family residential development and complementary land uses.  The SF-20 district is generally compatible with the “Rural” designation of the City of Maize Comprehensive Plan.  It is intended for application in unincorporated Sedgwick County, particularly in areas where some public services are available and where soils are capable of accommodating septic tanks.

b.    Permitted uses.  The following uses shall be permitted by-right in the SF-20 district.

(1)   Residential uses

Single-family

Manufactured home (only in the County and subject to Sec. III-D.6.1)

(2)   Public and civic uses

Church or place of worship

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses.

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the SF-20 district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Accessory apartment, subject to Sec. III-D.6.a

Group residence, limited and general

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Convalescent care facility, limited

Correctional facility, subject to Sec. III-D.6.h

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Day care, general, subject to Sec. III-D.6.i

Government service

Hospital

Library

Safety service

Utility, major

(3)   Commercial uses

Airport or airstrip

Bed and breakfast inn

Kennel, hobby, and boarding/breeding/ training, subject to Sec. III-D.6.k

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

Recreation and entertainment, indoor and outdoor, subject to Sec. III-D.6.n

Recreational vehicle campground

Riding academy or stable

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, general

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

Agricultural research

Agricultural sales and service

d.    Property development standards.  Each site in the SF-20 district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  20,000 square feet; however, larger minimum lot size may be required per subdivision requirements for uses served by sewage lagoons, subject to the special regulations of Sec. III-B.3.e

(2)   Minimum lot width:  100 feet

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  25 feet

(5)   Minimum interior side setback:  ten feet

(6)   Minimum street side setback:  20 feet

(7)   Maximum height:  35 feet; 45 feet if located at least 25 feet from all lot lines; no maximum height limit for barns, silos and other similar farm buildings; heights for Conditional Uses to be determined as part of the Conditional Use approval

e.     Special SF-20 district regulations.  The following special regulations shall apply to property in the SF-20 district.

(1)   Lot size requirements for nonresidential uses and uses served by private water supply.  The minimum lot size requirement for residential uses served by private water supply shall be 40,000 square feet.  The minimum lot size for nonresidential uses shall be established by the Sedgwick County Division of Health.

(2)   Lot size requirements for uses served by sewage lagoons.  The minimum lot size for uses served by sewage lagoons shall be 4.5 acres, except that lot size for residential lots may be reduced to a minimum of two acres if approved by the Sedgwick County Division of Health, and if the lot is included in a platted and recorded addition in which lots are clustered in an arrangement with one or more open space reserves, and the overall density of the addition, including all lots and rights-of-way and open space, does not exceed one lot per five acres.

(3)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

4.     SF-10, Single-Family District

a.     Purpose.  The purpose of the SF-10 single-family district is to accommodate large lot, single-family residential development and complementary land uses.  The SF-10 district is generally compatible with the Edge designation of the City of Maize Comprehensive Plan.  It is intended for application in those areas of Maize and unincorporated Sedgwick County in which municipal water and sewer service are available.

b.    Permitted uses.  The following uses shall be permitted by-right in the SF-10 district.

(1)   Residential uses

Single-family

Manufactured home (only in the County and subject to Sec. III-D.6.l)

(2)   Public and civic uses

Church or place of worship

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.q

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the SF-10 district if reviewed and approved by the Planning Commission in accor¬dance with the procedures and standards of Sec. V-D.

(1)   Residential

Accessory apartment, subject to Sec. III-D.6.a

Group residence, limited

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Day care, general, subject to Sec. III-D.6.i

Government service

Library

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.p

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

None

d.    Property development standards.  Each site in the SF-10 district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures. See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  10,000 square feet

(2)   Minimum lot width:  80 feet

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  25 feet, except that the rear setback may be reduced to five feet when adjacent to a platted reserve which has a minimum width of 20 feet, provided however, there shall be no encroachment into or over any utility easement

(5)   Minimum interior side setback:  ten feet

(6)   Minimum street side setback:  20 feet

(7)   Maximum height:  35 feet

e.     Special SF-10 district regulations.  The following special regulations shall apply to property in the SF-10 district.

1)    Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

5.     SF-5, Single-Family District

a.     Purpose.  The purpose of the SF-5 single-family district is to accommodate moderate-density, single-family residential development and complementary land uses.  The SF-5 district is generally compatible with the “Neighborhood” designation of the City of Maize Comprehensive Plan. It is intended for application in areas of Maize and unincorporated Sedgwick County in which municipal water and sewer services are available and in those areas that have been designated as “urban service areas.”

b.    Permitted uses.  The following uses shall be permitted by-right in the SF-5 district.

(1)   Residential uses

Single-family

Manufactured home (only in the County and subject to Sec. III-D.6.l)

(2)   Public and civic uses

Church or place of worship

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the SF-5 district if reviewed and approved by the Planning Commission in accor¬dance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Accessory apartment, subject to Sec. III-D.6.a

Group residence, limited

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Convalescent care facility, limited

Day care, general, subject to Sec. III-D.6.i

Government service

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Parking areas and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.    Property development standards.  Each site in the SF-5 district shall be subject to the following minimum property development standards except, however, that any lot of record located within the City of Maize which existed August 31, 1981, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to provide any side yard setback of greater than three feet.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  5,000 square feet

(2)   Minimum lot width:  50 feet

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  20 feet, except that the rear setback may be reduced to five feet when adjacent to a platted reserve which has a minimum width of 20 feet, provided however, there shall be no encroachment into or over any utility easement

(5)   Minimum interior side setback:  six feet, except five feet if lot is below 6,000 square feet, and that one required side yard for a one-family dwelling may be reduced to as little as zero feet if setback lines are established that ensure a minimum of ten feet between structures on contiguous lots

(6)   Minimum street side setback:  15 feet

(7)   Maximum height:  35 feet

e.     Special SF-5 district regulations.  The following special regulations shall apply to property in the SF-5 district.

(1)   Cluster development option.  The cluster development option is provided as a means of allowing flexibility in the arrangement and development of residential land uses within the SF-5 district.

       (a)   Reduction of lot area and setback standards.  Under the cluster development option, the minimum lot area standard of the SF-5 district may be reduced from 5,000 square feet to 4,000 square feet, provided that any reduction in lot size must be offset by the provision of permanent open space.  The amount of open space area provided shall at least equal the cumulative total reduction in lot area.  Interior side yard setbacks may be reduced to five feet.

       (b)   Subdivision approval required.  A cluster development within the SF-5 district must receive Planning Commission approval as a subdivision or portion of a subdivision.  The nature and method of establishing and maintaining the open space area shall be subject to the approval of Planning Commission in accordance with the adopted subdivision regulations.

(2)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

6.     TF-3, Two-Family District

a.     Purpose.  The purpose of the TF-3 two-family district is to accommodate moderate-density single-family and duplex residential development, as well as very limited density multi-family development and other complementary land uses.  The TF-3 district is generally compatible with the “Neighborhood” designation of the City of Maize Comprehensive Plan. It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.    Permitted uses.  The following uses shall be permitted by-right in the TF-3 district.

(1)   Residential uses

Single-family

Duplex

(2)   Public and civic uses

Church or place of worship

Convalescent care facility, limited

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the TF-3 district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited

Multi-family at a maximum density of 14.5 dwelling units per acre

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Day care, general, subject to Sec. III-D.6.i

Government service

Group home, general

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the TF-3 district shall be subject to the following minimum property development standards except, however, that any lot of record located within the City of Maize  which existed at the time of adoption of Maize Ordinance No. 310 on August 31, 1981, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to provide any side yard setback of greater than three feet.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  3,500 square feet for single-family; 3,000 square feet per dwelling unit for duplex and multi-family (maximum 14.5 dwelling units per acre); 5,000 square feet for nonresidential uses

(2)   Minimum lot width:  35 feet

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  20 feet

(5)   Minimum interior side setback:  six feet, except five feet if lot is below 6,000 square feet, and that one required side yard for a one-family or two-family dwelling may be reduced to as little as zero feet if setback lines are established that ensure a minimum of twelve feet between structures on contiguous lots

(6)   Minimum street side setback:  15 feet

(7)   Maximum height:  35 feet

e.     Special TF-3 district regulations.  The following special regulations shall apply to property in the TF-3 district.

(1)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

7.    MF-18, Multi-Family District

a.     Purpose.  The purpose of the MF-18 multi-family district is to accommodate moderate-density, multi-family residential development and complementary land uses.  The MF-18 district is generally compatible with the “Neighborhood and Node” designations of the City of Maize Comprehensive Plan. It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the MF-18 district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

(2)   Public and civic uses

Church or place of worship

Convalescent care facility, limited

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Group home, limited

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the MF-18 district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Group residence, limited

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Government service

Group home, general

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the MF-18 district shall be subject to the following minimum property development standards except, however, that any lot of record located within the City of Maize which existed at the time of adoption of Maize Ordinance No. 310 on August 31, 1981, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to provide any side yard setback of greater than three feet.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  3,500 square feet for single-family; 3,000 square feet per dwelling unit for duplex; 2,500 square feet per dwelling unit for multi-family (maximum 17.4 dwelling units per acre); 5,000 square feet for nonresidential uses

(2)   Minimum lot width:  35 feet for single-family; 50 feet for all other uses

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  20 feet

(5)   Minimum interior side setback:  six feet, except five feet if lot is below 6,000 square feet

(6)   Minimum street side setback:  20 feet

(7)   Maximum height:  45 feet

e.     Special MF-18 district regulations.  The following special regulations shall apply to property in the MF-18 district.

(1)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

8.    MF-29, Multi-Family District

a.     Purpose.  The purpose of the MF-29 multi-family district is to accommodate high-density, multi-family residential development and complementary land uses.  The MF-29 district is generally compatible with the “Neighborhood and Node” designations of the City of Maize Comprehensive Plan.  It is intended for application within the City of Maize.

b.     Permitted uses.  The following uses shall be permitted by-right in the MF-29 district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

(2)   Public and civic uses

Church or place of worship

Convalescent care facility, limited

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Group home, limited

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the MF-29 district if reviewed and approved by the Planning Commission in accor¬dance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Group residence, limited

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Government service

Group home, general

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the MF-29 district shall be subject to the following minimum property development standards except, however, that any lot of record located within the City of Maize which existed at the time of adoption of Maize Ordinance No. 310 on August 31, 1981, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to provide any side yard setback of greater than three feet.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  3,500 square feet for single-family; 3,000 square feet per dwelling unit for duplex; 1,500 square feet per unit for multi-family (maximum 29 dwelling units per acre); 5,000 square feet for nonresidential uses

(2)   Minimum lot width:  35 feet for single-family; 50 feet for all other uses

(3)   Minimum front setback:  25 feet

(4)   Minimum rear setback:  20 feet

(5)   Minimum interior side setback:  six feet, except five feet if lot is below 6,000 square feet

(6)   Minimum street side setback:  20 feet

(7)   Maximum height:  45 feet

e.     Special MF-29 district regulations.  The following special regulations shall apply to property in the MF-29 district.

(1)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

9.    B, Multi-Family District

a.     Purpose.  The B multi-family district is reserved only for future use in the City of Maize, when deemed necessary by the Governing Body.

b.     Permitted uses.  The following uses shall be permitted by-right in the B district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited

(2)   Public and civic uses

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Group home, limited and general

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Marine facility, recreational

Medical service

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the B district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Group residence, general

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Correctional placement residence, limited, subject to Sec. III-D.6.h

Government service

Group home, commercial

Safety service

Utility, major

(3)   Commercial uses

Bed and breakfast inn

Heliport

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the B district shall be subject to the following minimum property development standards except, however, that any lot of record located within the City of Maize which existed at the time of adoption of Maize Ordinance No. 310 on August 31, 1981, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to provide any side yard setback of greater than three feet.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  2,500 square feet for single-family; 2,000 square feet per dwelling unit for duplex; 580 square feet per unit for multi-family (maximum 75.1 dwelling units per acre); 5,000 square feet for nonresidential uses

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet

(4)   Minimum rear setback:  15 feet

(5)   Minimum interior side setback:  five feet

(6) Minimum street side setback:  five feet

(7)   Maximum height:  55 feet, plus one foot of additional height for each foot of setback beyond the minimum required setbacks for all property lines

e.     Special B district regulations. The following special regulations shall apply to property in the B district.

(1)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

10.   MH, Manufactured Housing District

a.     Purpose.  It is the intent of the City of Maize to encourage the new placement of manufactured homes, as well as any new manufactured home development to occur within manufactured home parks and manufactured home subdivisions and to accommodate the isolated placement of a manufactured home on an individual lot in the unincorporated portion of Sedgwick County under certain circumstances.  The purpose of the MH manufactured housing district is to accommodate such development.  The district is intended for application in the City of Maize and unincorporated Sedgwick County.

b.     Permitted uses.  The following uses shall be permitted by-right in the MH district.

(1)   Residential uses

Single-family

Manufactured home

Manufactured home park

Manufactured home subdivision

(2)   Public and civic uses

Church or place of worship

Day care, limited, subject to Sec. III-D.6.i

Golf course

Group home, limited

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the MH district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Community assembly

Day care, general, subject to Sec. III-D.6.i

Group home, general

Safety service

Utility, major

(3)   Commercial uses

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.p

(4)   Industrial, manufacturing and extractive uses

NONE

(5)   Agricultural uses

NONE

d.     Property development standards for sites with public water and sewer.  Each site in the MH district that is served by a public water supply and municipal type sewer system shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum site area:  In the City of Maize, a minimum of five acres shall be required for the MH district.  Minimum size in the unincorporated area shall be as determined by the Sedgwick County Division of Health.

(2)   Minimum lot size:  5,000 square feet for residential lots within manufactured home subdivisions; 10,000 square feet for all nonresidential uses

(3)   Minimum lot width:  200 feet for MH parks; 40 feet for lots within MH subdivisions; 100 feet for all other uses

(4)   Minimum setbacks.

(a)   Manufactured Home Parks.  All structures within manufactured home parks, whether permanent or temporary, shall be setback at least 20 feet from public street rights of way, at least ten feet from all lot lines and at least five feet from the travel lanes of private roadways.  A minimum separation of ten feet shall also be maintained between all manufactured home units within the manufactured home park.

(b)   Manufactured Home Subdivisions.  All structures within manufactured home subdivisions shall be setback at least ten feet from public street rights of way and at least five feet from all other lot lines.  Garage and carport entrances shall be setback at least 20 feet from public street rights-of-way.

(5)   Maximum density of MH Parks:  eight dwelling units per acre

(6)   Maximum height:  35 feet

e.     Property development standards for other sites.  Standards for lot size, setback and height for MH parks or subdivisions that are not served by a public water supply or a municipal type sewer system shall be established as part of the approved site plan, and for a single lot shall, at minimum, match the standards of the predominant zoning district that is adjacent to or across the street from the lot.

f.     Special MH district regulations.  The following special regulations shall apply to property in the MH district.

(1)   Site plan.  All requests for rezoning to the MH district shall be accompanied by a site plan in a form established by the Planning Administrator, and shall include a declaration as to whether the property will be developed as a MH park or subdivision.  Development of the property shall be substantially in conformance with the site plan approved by the Governing Body.  In the event the MH request is for a single lot in the unincorporated portion of Sedgwick County, this requirement shall not apply.

(2)   Signs permitted in the unincorporated area.  Signs shall be permitted only for on-site agricultural uses and churches.  Signs shall not exceed 12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.

(3)   Construction restrictions.  No permanent additions shall be made to a manufactured/mobile home, including any non-conforming units, unless the manufactured/mobile home is on a permanent foundation and all applicable building permits have been obtained.  Such additions shall comply with current building codes applicable to site built construction.  No single wide or double wide manufactured/mobile home shall be combined with or attached to another manufactured/mobile home unless all such manufactured/mobile home units are specifically constructed to HUD Codes to be so combined.

11.   NO, Neighborhood Office District

a.     Purpose.  The purpose of the NO Neighborhood Office district is to accommodate very-low intensity office development and other complementary land uses that are generally appropriate near residential neighborhoods.  The NO district is generally compatible with the “Node” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the NO district.

(1)   Residential uses

Single-family

Duplex

(2)   Public and civic uses

Church or place of worship

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Group home, limited and general

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Utility, minor

(3)   Commercial uses [Note: See Sec. III-B.11.e(1)]

Automated teller machine

Medical service

Office, general

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the NO district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited

Multi-family at a maximum density of 14.5 units per acre

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

College or university

Community assembly

Correctional placement residence, limited, subject to Sec. III-D.6.h

Government service

Safety service

School, elementary, middle and high

Utility, major

(3)   Commercial uses

Parking area and/or accessory drive, ancillary, subject to Sec. III-D.6.o

(4)   Industrial, manufacturing and extractive uses

NONE

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the NO district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size: 5,000 square feet for single-family and nonresidential; 3,000 square feet per dwelling unit for duplex and multi-family (maximum 14.5 dwelling units per acre)

(2)   Minimum lot width:  50 feet

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  15 feet

(7)   Maximum height:  35 feet

e.     Special NO district regulations.  The following special regulations shall apply in the NO district.

(1)   Commercial use size limitation.  No individual commercial use that is permitted by-right or as a Conditional Use within the NO district shall exceed 8,000 square feet of gross floor area.

(2)   Signs permitted in the unincorporated area.  Signs shall be permitted provided that they advertise only services, articles and products offered within the building located on the premises whereon the sign is located; and further provided that they shall not exceed 12 square feet in area, with no dimension being greater than twice another dimension; and further provided that they shall not be illuminated by artificial light of any kind.

12.   GO, General Office District

a.     Purpose.  The purpose of the GO general office district is to accommodate office development and other complementary land uses.  The GO district is generally compatible with the “Node” designation of the City of Maize Comprehensive Plan.  It is intended for application within the City of Maize although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the GO district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Manufactured home (only in the County and subject to Sec. III-D.6.l)

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited and general

(2)   Public and civic uses

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Group home, limited, general and commercial

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Automated teller machine

Bed and breakfast inn

Broadcast/recording studio

Funeral home

Hotel or motel, subject to Sec. III-D.6.j

Marine facility, recreational

Medical service

Office, general

Parking area, commercial, subject to Sec. III-D.6.bb

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the GO district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Government service

Safety service

Utility, major

(3)   Commercial uses

Animal care, limited, subject to Sec. III-D.6.c

Bank or financial institution

Heliport

Personal care service

Personal improvement service

Printing and copying, limited

Vocational school

Warehouse, self-service storage, subject to Sec. III-D.6.x

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the GO district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  2,500 square feet for single-family; 2,000 square feet per dwelling unit for duplex; 580 square feet per unit for multi-family (maximum 75.1 dwelling units per acre); 5,000 square feet for nonresidential uses

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  15 feet

(7)   Maximum height:  60 feet, plus one foot of additional height for each foot of setback beyond the minimum required setbacks

e.     Special GO district regulations.  The following special regulations shall apply to property in the GO district.

(1)   Signs permitted in the unincorporated area.  Signs shall be permitted provided that they advertise only services, articles and products offered within the building located on the premises whereon the sign is located; and further provided that they shall not exceed 12 square feet in area, with no dimension being greater than twice another dimension; and further provided that they shall not be illuminated by artificial light of any kind.

13.   NR, Neighborhood Retail District

a.     Purpose.  The purpose of the NR neighborhood retail district is to accommodate very-low intensity retail and office development and other complementary land uses that serve and are generally appropriate near residential neighborhoods. The NR district is generally compatible with the “Node” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the NR district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited

(2)   Public and civic uses

Church or place of worship

Correctional placement residence, limited, subject to Sec. III-D.6.h

Day care, limited and general, subject to Sec. III-D.6.i

Group home, limited and general

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.q

School, elementary, middle and high

Utility, minor

(3)   Commercial uses  [Note: See Secs. III-B.13.e(1) and III-B.13.e(3)]

Automated teller machine

Bank or financial institution

Bed and breakfast inn

Broadcast/recording studio

Medical service

Office, general

Parking area, commercial, subject to Sec. III-D.6.bb

Personal care service

Personal improvement service

Printing and copying, limited

Restaurant, subject to Sec. III-D.6.s

Retail, general

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

(5)   Agricultural uses

Agriculture, subject to Sec. III-D.6.b

c.     Conditional Uses.  The following uses shall be permitted in the NR district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Cemetery

Community assembly

Government service

Safety service

Utility, major

(3)   Commercial uses [Note:  See Secs. III-B.13.e(1) and III-B.13.e(3)]

Heliport

(4)   Industrial, manufacturing and extractive uses

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the NR district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures.  See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size: 5,000 square feet for single-family and nonresidential; 3,000 square feet per dwelling unit for duplex; 2,000 square feet per unit for multi-family (maximum 21.8 dwelling units per acre)

(2)   Minimum lot width:  50 feet

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  15 feet

(7)   Maximum height:  35 feet

e.     Special NR district regulations.  The following special regulations shall apply in the NR district.

(1)   Commercial use size limit.  No individual commercial use that is permitted by-right or as a Conditional Use within the NR district shall exceed 8,000 square feet of gross floor area.

(2)   District size limit.  The NR district shall not be applied to sites or contiguous land areas that exceed six acres in size.

(3)   No outdoor storage. No outdoor storage or display shall be permitted for commercial uses in the NR district.

(4)   Signs permitted in the unincorporated area.  Signs shall be limited as follows:

(a)   Ground or pole signs shall be limited to one per business, shall not exceed 32 square feet in area and 30 feet in height, and shall advertise only services, articles and products offered within buildings located on the premises whereon the sign is located.  Whenever more than one sign is located on a property, a horizontal distance along the street shall not be less than 50 feet between signs. 

(b)   Each business shall be permitted a sign located on the face of the building not to exceed 32 square feet.

(c)   Lighting of signs must be limited to internal or indirect illumination of white light only and without flashing or moving images.

(d)   No portable signs shall be permitted.

14.   LC, Limited Commercial District

a.     Purpose.  The purpose of the LC limited commercial district is to accommodate retail, commercial, office and other complementary land uses.  The LC district is generally compatible with the “Node” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the LC district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Manufactured home (only in the County and subject to Sec. III-D.6.l)

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited and general

(2)   Public and civic uses

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Cultural group

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Government service

Group home, limited, general and commercial

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Animal care, limited Automatic

Automated teller machine

Bank or financial institution

Bed and breakfast inn

Broadcast/recording studio

Car wash, subject to Sec. III-D.6.f

Construction sales and service, subject to Sec. III-D.6.aa

Convenience store

Funeral home

Hotel or motel

Marine facility, recreational

Medical service

Night club in the City, subject to Sec. III-D.6.v

Nursery and garden center, subject to Sec. III-D.6.y

Office, general

Parking area, commercial, subject to Sec III-D.6.bb

Pawn shop

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Recreation and entertainment, indoor

Restaurant

Retail, general, subject to Sec. III-D.6.z for nurseries and garden centers

RestaurantSecondhand store

Service station

Tavern and drinking establishment, subject to Sec. III-D.6.v

Vehicle repair, limited

Vocational school

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

Storage, outdoor, subject to Sec. III-D.6.cc

(5)   Agricultural uses

Agriculture

Agricultural research

Agricultural sales and service

c.     Conditional Uses.  The following uses shall be permitted in the LC district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Neighborhood swimming pool, subject to Sec. III-D.6.aa

(2)   Public and civic uses

Utility, major

(3)   Commercial uses [Note: See Sec. III-B.14.e]

Animal care, general

Heliport

Kennel, hobby and boarding/breeding/training, subject to Sec. III-D.6.k

Monument sales

Printing and publishing, general

Recreation and entertainment, outdoor, subject to Sec. III-D.6.n

Recreational vehicle campground

Vehicle and equipment sales (outdoor), subject to Sec. III-D.6.w

Warehouse, self-service storage, subject to Sec. III-D.6.x

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, general

Manufacturing, limited, subject to Sec. III-D.6.l

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the LC district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size: 2,500 square feet for single-family; 2,000 square feet per dwelling unit for duplex; 580 square feet per dwelling unit for multi-family (maximum 75.1 dwelling units per acre); no minimum for nonresidential uses

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  ten feet

(7)   Maximum height:  80 feet, plus two feet of additional height for each foot of setback beyond the minimum required set¬backs

e.     Special LC district regulations.  The following special regulations shall apply to property in the LC district.

(1)   Large Projects.  Projects in the LC district on sites of six acres or more shall be subject to the community unit plan (CUP) standards of Sec. III-C.2.

(2)   Outdoor display. Merchandise which is for sale within a building may be displayed in areas immediately adjacent to and within ten feet of the building, subject to the following standards.

(a)   No portion of the display shall be on publicly owned property unless the applicant shall first have obtained appropriate approval for such use from the Governing Body.

(b)   No required off-street parking space or loading area shall be utilized for display.

(c)   No food or drink shall be displayed outside the building except in accordance with standards and prior written approval of the Maize-Sedgwick County Division of Health; outdoor service of food and drink accessory to the service of food and drink within a building is permitted without limitation as to distance from the building, in accordance with the provisions of Sec. III-D.6.w of this Code and all other applicable standards and licensing requirements.

(d)   These provisions shall in no way be deemed to authorize the outdoor display of motor vehicles, rental trailers, rental equipment, used furniture, used appliances, used plumbing, used housewares, used building materials, or similar items, except as such may otherwise be authorized under an appropriate section of the Code.

(e)   Christmas tree and associated sales may be conducted on property zoned LC even though no building shall exist.

(3)   Outdoor storage.  Storage of merchandise available for sale shall be allowed outside of an enclosed building in the LC district only in compliance with the following standards.

(a)   Fence or wall enclosure.  The area used for outdoor storage shall be enclosed by a fence or wall not less than six feet in height nor less than the height of the merchandise to be screened except for outdoor storage within a portable storage container when subject to the special provisions contained herein.  The fence or wall shall be comprised of material capable of screening the merchandise from view.  One opening, not exceeding ten feet in width, may be left open during business hours, but must be gated and capable of screening merchandise from view when closed.  When the material of the enclosure is not of the same general material as the main building, screening as required by Sec. IV-B.3 and landscaping as approved by the Planning Administrator shall be provided and maintained outside the enclosure.  For outdoor storage areas within a CUP the fence or wall screening provisions may be modified provided that a design plan is submitted with the CUP application and such plan is deemed by the Planning Commission to provide an acceptable environment for the surrounding area based on the physical characteristics of the property, distances from adjacent properties and public streets, and the type of merchandise to be stored.

(b)   Size of storage area.  The enclosure around the storage area shall be attached to the principal building, and the area within such enclosure shall not exceed ten percent of the floor area occupied by the principal use within the building.  Such enclosure shall comply with the same setback as is required for the main building.  The area within the enclosure shall be calculated as floor area in determining the number of required off street parking spaces.  Outdoor storage of between ten percent and 20 percent may be allowed upon application and approval of a Conditional Use  processed in accordance with Sec. V-D of these regulations.

(c)   Conflicting provisions.  The provisions of this section shall not be deemed to prevent the display of merchandise required in the servicing of vehicles when located on service islands at filling stations, nor shall it supersede any of special conditions of approval imposed on development projects, plans or permits.

(d)   Exemptions.  These outdoor storage requirements shall not apply to holiday tree sales and associated temporary activities.

(e)   Placement of portable storage containers in LC. On any zoning lot located in the LC zoning district, one or more portable storage containers may be permitted as accessory storage to the principal use(s) provided the following conditions are met:

       1)    The floor area contained in the portable storage container shall be limited to no more than ten percent of the floor area of the principal use and be considered part of the total outdoor storage allowed on any site, except that for principal buildings with less than 3,200 square feet in size, the container may be up to 320 square feet in size.  In buildings with multiple tenants, no single user shall be permitted more than ten percent of the floor area of its use. 

       2)    Portable storage containers shall be located at least five feet behind the wall line of the principal building and be subject to screening provisions specified herein.

       3)    Portable storage containers shall be required to meet side and rear setback requirements for buildings, shall be separated by no more than ten feet from the principal building, except when screened in accordance with the screening standards Article IV.B.3, or when screened from view of a residential zoning district, residential use or arterial street by landscaping, berms, or by other nonresidential buildings; and shall be located at least 20 feet from any abutting property zoned TF-3 or more restrictive.

       4)    Required screening may consist of the wall(s) of the portable storage container if the container has no openings or signs facing a public street or adjacent property in a residential zoning district and if the wall(s) match the predominant material and colors of the existing structure or are an earth tone color that complements and appears inconspicuous against the color of the principal building, or other screening materials as permitted in the Code per Sec. IV-B.3.

       5)    Signage on portable storage containers shall be limited to one sign per container, not exceeding two square feet.  The signage shall not be visible from any abutting street or any adjacent property in a residential zoning district.

       6)    Vertical stacking of portable storage container and stacking of any other materials or merchandise on top of any portable storage container shall be prohibited.  No running gear shall be left underneath any portable storage container.

       7)    No portable storage container shall be placed or located on a required parking space, circulation aisle/lane, or fire access lane.

       Exception:  Portable storage containers temporarily placed on zoning lots during a period of ongoing construction on the same zoning lot are exempted from the above requirements.

(4)   Outdoor business promotions and/or sales.  The Planning Administrator may authorize outdoor business promotions and/or sales in the LC district within the City of Maize, to be operated by vendors not permanently located on the subject LC tract, for a duration of no more than 48 hours and for no more than one two-day period per calendar month, provided a license is obtained as may be required by the City Code.  For on-site businesses in the LC district within the City of Maize, the Planning Administrator may authorize outdoor business promotions and/or sales for a duration of no more than 48 hours and for no more than one two-day period per calendar month, provided written notification of intent to conduct such a promotion or sale is given to the Planning Administrator prior to the event.  The Planning Administrator may grant permission for more than 48 consecutive hours provided the two-day limit per calendar month is maintained.  All outdoor promotions and/or sales in the LC district shall be subject to the following restrictions and limitations:

(a)   No food or drink shall be dispensed as a part of such promotional and/or sales activity unless in accordance with all rules and regulations and prior written approval of the Sedgwick County Division of Health.

(b)   No admission fee shall be charged for entrance to, or participation in, any part of the promotional and/or sales activity.

(c)   Activities of such nature as to be considered a ride device, circus or carnival shall be permitted only when so licensed as such under the provisions of the City Code.

(d)   The outdoor promotional and/or sales activity shall not occupy any part of the required off-street parking space for the principal use.

(e)   All electrical connections, erections of temporary structures, etc., shall be in compliance with the City Code.

(5)   Environmental Performance Standards.  Uses and activities that are in violation of the Sedgwick County Code or the Maize City Code or that are out of character with ordinary and customary standards and practices for a permitted use to such an extent that the use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the LC district.

(6)   Signs permitted in the unincorporated area.  Signs shall be limited to on-site signs which advertise only services, articles and products offered within buildings located on the premises whereon the sign is located.

15.   OW, Office Warehouse District

a.     Purpose.  The OW office warehouse district is primarily intended to accommodate office and warehousing activities for the building trades and similar businesses with operating characteristics that do not require highly visible locations or the type of vehicular access needed for retail and high-intensity office development. The OW district is generally compatible with the “Employment Center” and “Airport Services” designations of the City of Maize Comprehensive Plan.  It is primarily intended for application within the City of Maize, although it may be appropriate for application in areas of unincor-porated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the OW district.

(1)   Residential uses

NONE

(2)   Public and civic uses

Auditorium or stadium

College or university

Community assembly

Day care center, limited and general, subject to Sec. III-D.6.i

Government service

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Recycling processing center, subject to Sec. III-D.6.r

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

Utility, minor

(3)   Commercial uses [Note: See Sec. III-B.15.e]

Animal care, limited and generalAutomated teller machine

Bank or financial institution

Broadcast/recording studio

Construction sales and service

Monument sales

Nurseries and garden centers

Office, general

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Retail, general, subject to Sec. III-B. 15e

Tattooing and body piercing facility, subject to Sec. III.D.6.dd

Vocational school

Warehouse, self-service storage

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

Manufacturing, limited

Research services

Storage, outdoor, subject to Sec III-D.6.cc

Warehousing

Wholesale or business services

(5)   Agricultural uses

Agriculture

c.     Conditional Uses.  The following uses shall be permitted in the OW district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

NONE

(2)   Public and civic uses

Cemetery

Utility, major

(3)   Commercial uses  [Note:  See Sec. III-B.15.e]

Airport or airstrip

Heliport

(4)   Industrial, manufacturing and extractive uses

NONE

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the OW district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures. See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  5,000 square feet

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  ten feet

(7)   Maximum height:  45 feet

e.     Special OW district regulations.  The following special regulations shall apply to property in the OW district.

(1)   Accessory display and sales.  A maximum 20% of floor area may be used for display and retail sales of items which are accessory to any permitted use. If any display and/or sales is conducted outdoors, it shall be within ten feet of the building.

(2)   Outdoor storage.  Storage of merchandise shall be allowed outside of an enclosed building in the OW district only in compliance with the following standards and with Sec. IV-B.3.b.

(a)   No required off-street parking space or loading area shall be utilized for storage.

(b)   The area used for outdoor storage shall not exceed 100% of the floor area of all buildings on the zoning lot.

(c)   Items stored outdoors shall not be visible from any adjacent non-elevated street nor from ground level view in any adjacent lot.

(3)   Environmental Performance Standards.  Uses and activities that are in violation of the Sedgwick County Code or the Maize City Code or that are out of character with ordinary and customary standards and practices for a permitted use to such an extent that the use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the OW district.

16.   GC, General Commercial District

a.     Purpose.  The purpose of the GC general commercial district is to accommodate retail, commercial, office and other complementary land uses.  The GC district is generally compatible with the “Node” designation of the City of Comprehensive Plan.  It is intended for application primarily Maize within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the GC district.

(1)   Residential uses

Single-family

Duplex

Multi-family

Accessory apartment, subject to Sec. III-D.6.a

Assisted living

Group residence, limited and general

(2)   Public and civic uses

Auditorium or stadium

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Government service

Group home, limited, general and commercial

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Recycling processing center, subject to Sec. III-D.6.r

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

School, elementary, middle and high

Utility, minor

(3)   Commercial uses

Animal care, limited and general

Automated teller machine

Bank or financial institution

Bed and breakfast inn

Broadcast/recording studio

Car wash, subject to Sec. III-D.6.f

Construction sales and service

Convenience store

Funeral home

Hotel or motel

Kennel, hobby and boarding/breeding/training, subject to Sec. III-D.6.k

Marine facility, recreational

Medical service

Microbrewery

Monument sales

Night club in the City, subject to Sec. III-D.6.v

Nursery and garden center

Office, general

Parking area, commercial

Pawn shop

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Printing and publishing, general

Recreation and entertainment,  indoor and outdoor

Recreational vehicle campground

Restaurant

Retail, general

Riding academy or stable

Secondhand store

Service station

Tattooing and body piercing facility, subject to Sec. III.D.6.dd

Tavern or drinking establishment, subject to Sec. III-D.6.v

Vehicle and equipment sales

Vehicle repair, limited and general

Vocational school

Warehouse, self-service storage

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

Manufacturing, limited and general, subject to Sec. III-D.6.l

Research services

Storage, outdoor, subject to Sec III-D.6.cc

Vehicle storage yard

Warehousing

Welding or machine shop, subject to Sec. III-D.6.m

Wholesale or business services

(5)   Agricultural uses

Agriculture

Agricultural research

Agricultural sales and service

c.     Conditional Uses.  The following uses shall be permitted in the GC district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

Neighborhood swimming pool, subject to Sec. III-D.6.z

(2)   Public and civic uses

Utility, major

(3)   Commercial uses

Heliport

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, general

Gas and fuel storage and sales

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the GC district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  2,500 square feet for single-family; 2,000 square feet per dwelling unit for duplex; 580 square feet per unit for multi-family (maximum 75.1 dwelling units per acre); no minimum for nonresidential uses

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  No minimum

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  No minimum

(7)   Maximum height:  80 feet, plus two feet of additional height for each foot of setback beyond the minimum required setbacks

e.     Special GC district regulations.  The following special regulations shall apply to property in the GC district.

(1)   Large Projects. Projects in the GC district on sites of six acres or more shall be subject to the community unit plan (CUP) standards of Sec. III-C.2.

(2)   Environmental Performance Standards.  Uses and activities that are in violation of the Sedgwick County Code or the Maize City Code or that are out of character with ordinary and customary standards and practices for a permitted use to such an extent that the use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the GC district.

17.   IP, Industrial Park District

a.     Purpose.  The purpose of the IP industrial park district is to accommodate limited commercial services, research and development, administrative facilities and industrial and manufacturing uses that can meet high development and performance standards.  The IP district is generally compatible with the “Emloyment Center” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the IP district.

(1)   Residential uses

NONE

(2)   Public and civic uses

Auditorium or stadium

College or university

Community assembly

Day care center, limited and general subject to Sec. III-D.6.i

Government service

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Recycling processing center, subject to Sec. III-D.6.r

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

Utility, minor

(3)   Commercial uses

Animal care, limited and generalAutomated teller machine

Bank or financial institution

Broadcast/recording studio

Car wash, subject to Sec. III-D.6.f

Construction sales and service

Convenience store

Monument sales

Office, general

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Printing and publishing, general

Restaurant

Tattooing and body piercing facility, subject to Sec. III.D.6.dd

Vocational school

Warehouse, self-service storage

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

Freight terminal

Manufacturing, limited and general

Research services

Storage, outdoor, subject to Sec. III-D.6.cc

Warehousing

Welding or machine shop

Wholesale or business services

(5)   Agricultural uses

Agriculture

c.     Conditional Uses.  The following uses shall be permitted in the IP district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

NONE

(2)   Public and civic uses

Cemetery

Utility, major

(3)   Commercial uses

Airport or airstrip

Heliport

(4)   Industrial, manufacturing and extractive uses

NONE

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the IP district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  No minimum, provided that the IP classification shall not be applied to projects of less than five acres

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  50 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  ten feet

(5)   Minimum interior side setback:  15 feet

(6)   Minimum street side setback:  50 feet

(7)   Maximum height:  60 feet

e.     Special IP district regulations.

(1)   Outdoor storage. Storage of merchandise shall be allowed outside an enclosed building in the IP district only in compliance with the following standards and with Sec. IV-B.3.b.

(a)   No outdoor storage or work areas shall be permitted in the front setback.

(b)   No required off-street parking space or loading area shall be utilized for storage.

(c)   Items stored outdoors shall not be visible from any adjacent non-elevated street nor from ground level view in any adjacent lot.

(2)   Environmental Performance Standards.  Uses and activities that are in violation of the Sedgwick County Code or the Maize City Code or that are out of character with ordinary and customary standards and practices for a permitted use to such an extent that the use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the IP district.

19.   LI, Limited Industrial District

a.     Purpose.  The purpose of the LI limited industrial district is to accommodate moderate intensity manufacturing, industrial, commercial and complementary land uses.  The LI district is generally compatible with the “Employment Center” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the LI district.

(1)   Residential uses

NONE

(2)   Public and civic uses

Auditorium or stadium

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Correctional facility, subject to Sec. III-D.6.h

Correctional placement residence, limited and general, subject to Sec. III-D.6.h

Day care, limited and general, subject to Sec. III-D.6.i

Golf course

Government service

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Recycling processing center, subject to Sec. III-D.6.r

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

Utility, minor

(3)   Commercial uses

Animal care, limited or general

Automated teller machine

Bank or financial institution

Broadcast/recording studio

Car wash, subject to Sec. III-D.6.f

Construction sales and service

Convenience store

Funeral home

Hotel or motel

Kennel, boarding/breeding/training, subject to Sec. III-D.6.k

Marine facility, recreational

Medical service

Microbrewery

Monument sales

Night club in the City, subject to Sec. III-D.6.v

Nursery and garden center

Office, general

Parking area, commercial

Pawn shop

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Printing and publishing, general

Recreation and entertainment, indoor and outdoor

Restaurant

Retail, general

Secondhand store

Service station

Tattooing and body piercing facility, subject to Sec. III-D.6.dd

Tavern or drinking establishment, subject to Sec. III-D.6.v

Vehicle and equipment sales, subject to Sec. III-D.6.ff

Vehicle repair, limited and general

Vocational school

Warehouse, self-service storage

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited, subject to Sec. III-D.6.d

Freight terminal

Gas and fuel storage and sales

Manufacturing, limited and general

Research services

Storage, outdoor, subject to Sec. III-D.6.cc

Vehicle storage yard

Warehousing

Welding or machine shop

Wholesale or business services

(5)   Agricultural uses

Agriculture

Agricultural processing

Agricultural research

Agricultural sales and service

Grain storage

c.     Conditional Uses.  The following uses shall be permitted in the LI district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

NONE

(2)   Public and civic uses

Day reporting centers, subject to Sec. III-D.6.gg

School, elementary, middle and high

Utility, major

(3)   Commercial uses

Airport or airstrip

Heliport

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, general

Landfill

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator, subject to Sec. III-D.6.u

Transfer Station

Wrecking/salvage yard, subject to Sec. III-D.6.e

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the LI district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  No minimum

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  No minimum

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  No minimum

(7)   Maximum height:  80 feet, plus two feet of additional height for each foot of setback beyond the minimum required setbacks

e.     Special LI district regulations. 

(1)   Environmental Performance Standards.  Uses and activities that are in violation of the Sedgwick County Code or the Maize City Code or that are out of character with ordinary and customary standards and practices for a permitted use to such an extent that the use or activity is obnoxious, offensive or a nuisance due to odor, dust, smoke, noise, vibration or other similar causes, are prohibited in the LI district.

20.   GI, General Industrial District

a.     Purpose.  The purpose of the GI general industrial district is to accommodate a wide range of manufacturing, industrial, commer¬cial and complementary land uses.  The GI district is generally compatible with the “Employment Center” designation of the City of Maize Comprehensive Plan.  It is intended for application primarily within the City of Maize, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as “urban service areas.”

b.     Permitted uses.  The following uses shall be permitted by-right in the GI district.

(1)   Residential uses

NONE

(2)   Public and civic uses

Auditorium or stadium

Cemetery

Church or place of worship

College or university

Community assembly

Convalescent care facility, limited and general

Correctional facility, subject to Sec. III-D.6.h

Correctional placement residence, limited and general, subject to Sec. III-6.D.h

Golf course

Government service

Hospital

Library

Parks and recreation

Recycling collection station, private, subject to Sec. III-D.6.p

Recycling collection station, public, subject to Sec. III-D.6.q

Recycling processing center, subject to Sec. III-D.6.r

Reverse vending machine, subject to Sec. III-D.6.t

Safety service

Utility, minor

(3)   Commercial uses

Animal care, limited or general

Automated teller machine

Bank or financial institution

Broadcast/recording studio

Car wash, subject to Sec. III-D.6.f

Construction sales and service

Convenience store

Funeral home

Hotel or motel

Kennel, boarding/breeding/training, subject to Sec. III-D.6.k

Marine facility, recreational

Medical service

Microbrewery

Monument sales

Night club in the City, subject to Sec. III-D.6.v

Nursery and garden center

Office, general

Parking area, commercial

Pawn shop

Personal care service

Personal improvement service

Post office substation

Printing and copying, limited

Printing and publishing, general

Recreation and entertainment, indoor and outdoor

Restaurant

Retail, general

Riding academy or stable

Secondhand store

Service station

Tattooing and body piercing facility, subject to Sec. III.D-6.dd

Tavern or drinking establishment, subject to Sec. III-D.6.v

Vehicle and equipment sales

Vehicle repair, limited and general

Art. III, Zoning District Standards

Sec. III-B, Base Districts (GI, General Industrial)

Vocational school

Warehouse, self-service storage

Wireless communication facility, subject to Sec. III-D.6.g

(4)   Industrial, manufacturing and extractive uses

Asphalt or concrete plant, limited and general

Freight terminal

Gas and fuel storage and sales

Manufacturing, limited and general

Research services

Storage, outdoor

Vehicle storage yard

Warehousing

Welding or machine shop

Wholesale or business services

(5)   Agricultural uses

Agriculture

Agricultural processing

Agricultural research

Agricultural sales and service

Grain storage

c.     Conditional Uses.  The following uses shall be permitted in the GI district if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1)   Residential uses

NONE

(2)   Public and civic uses

Day care, limited and general, subject to Sec. III-D.6.i

Day reporting center, subject to Sec. III-D.6.gg

School, elementary, middle and high

Utility, major

(3)   Commercial uses

Airport or airstrip

Heliport

(4)   Industrial, manufacturing and extractive uses

Basic industry

Hazardous operations

Landfill

Mining or quarrying

Oil and gas drilling

Rock crushing

Solid waste incinerator

Transfer station

Wrecking/salvage yard, subject to Sec. III-D.6.e

(5)   Agricultural uses

NONE

d.     Property development standards.  Each site in the GI district shall be subject to the following minimum property development standards.  Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks and heights for accessory structures.  See also Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.  Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1)   Minimum lot size:  No minimum

(2)   Minimum lot width:  No minimum

(3)   Minimum front setback:  20 feet, provided that the minimum required front setback may be reduced pursuant to Sec. III-E.2.e(5)

(4)   Minimum rear setback:  No minimum

(5)   Minimum interior side setback:  zero feet, but if an interior side setback is provided it shall be at least five feet in width

(6)   Minimum street side setback:  No minimum

(7)   Maximum height:  80 feet, plus two feet of additional height for each foot of setback beyond the minimum required setbacks

e.     Special GI district regulations.  No special regulations apply in the GI district.

1.    PUD, Planned Unit Development District

a.     Purpose.  The Planned Unit Development (PUD) zoning district is a special purpose zoning district that is intended to encourage innovative land planning and design and avoid the monotony sometimes associated with large developments by:

(1)   Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots;

(2)   Allowing greater freedom in selecting the means to provide access, light, open space and design amenities;

(3)   Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land uses; and

(4)   Allowing deviations from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of this Code.

b.     Initiation and method of adoption.  An application for PUD approval shall be submitted in accordance with Sec. V-C of this Code.

c.     Uses and development standards.

(1)   Permitted uses.  Any use may be permitted within the PUD zoning district, provided that it is consistent with the purposes of this Code and the approved PUD plan.

(2)   Development intensity.  The total number of dwelling units and level of nonresidential development allowed within a PUD shall not exceed the level that can be adequately served by public facilities.  To provide information on the capacity of streets and other facilities serving a PUD, the Director may require the applicant to conduct a traffic impact study or other infrastructure capacity analyses to provide information on the development’s expected impacts on existing and planned facilities.

(3)   Other zoning standards and regulations.  The following otherwise applicable zoning standards and regulations may be varied or modified as part of the PUD plan approval and rezoning process, subject to the limitations imposed by Sec. III-C.1.c(2):  lot size, height, setbacks, open space, off-street parking and loading, sign, screening, landscaping and compatibility standards.

2.    CUP, Community Unit Plan Overlay District

a.     Purpose.  The Community Unit Plan (CUP) overlay district is intended to provide well planned and well organized developments for residential uses of varying densities and for office, commercial, industrial and/or mixed uses that are held under unified control at the time of initial approval.  It is intended to protect the public safety, convenience, health and general welfare through standards and provisions that establish requirements as to lot coverage, height, setback and screening that permit review of the size, shape and location of such facilities with due regard to the tract as a whole so as to ensure the development of facilities with proper ingress and egress, parking, drainage facilities, screening, sign control, environmental control and other requirements and amenities.  The character of the development should be appropriate to the neighborhood and conditions and safeguards should be provided to ensure that the development will minimize any diminution, if any, in value of surrounding property.  Two types of CUP regulations are set out in this section:  Nonresidential and Residential.  Additionally, a unified Nonresidential and Residential CUP can be developed so long as it adheres to the CUP requirements of Secs. III-C.2.b and III-C.2.c.

b.     Nonresidential CUPs.  The following nonresidential CUP regulations shall apply to development or construction on sites with a contiguous area of six acres or more that are held under unified control at the time of initial approval and that are now or hereafter zoned either LC or GC, or a combination thereof.  If a nonresidential project is zoned LC or GC in combination with a P-O, Protective Overlay district, compliance with the nonresidential CUP regulations of this section shall not be mandatory.  At the property owner’s discretion, the nonresidential CUP regulations may also be applied to sites that are less than six acres in size that are under unified control at the time of initial approval and that are now or hereafter zoned either LC or GC, and on lands of any size that are now or hereafter zoned either NO, GO, NR, CBD, OW, IP, LI, GI or U or a combination thereof.

(1)   Permitted uses and structures.  The following uses and structures may be allowed as part of a nonresidential CUP:

(a)   All permitted and Conditional Uses in the zoning classification in which the development is proposed, subject to all applicable site development regulations such as, but not limited to, Supplementary Use Regulations and Special District Regulations.

(b)   Signs, provided that no off site or portable signs shall be permitted;

(c)   Uses and structures that are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures and that do not involve operations or structures that are incompatible with the district;

(d)   In cases where a nonresidential CUP development proposes a mixture of nonresidential and residential uses, the CUP development plan shall indicate the proposed location and general types of such uses and the method of screening and buffering.

(2)   Development standards.

(a)   Minimum setback requirements.  The grouping of buildings and parking areas shall be designed to protect residential areas, and screening from noise and light shall be provided.  All projects subject to the CUP standards shall comply with the following minimum standards.

       1)    All main buildings or structures shall set back at least 35 feet from all street right of way lines.

       2)    Where the proposed development abuts a residential district, all buildings shall be set back at least 35 feet from such district line.

       3)    There shall be a rear yard, alley, service drive or combination thereof with a depth of at least 30 feet.

(b)   Maximum lot coverage.  Buildings shall not cover more than 30 percent of the land upon which the development is proposed.

(c)   Height regulations.  The height standards of the underlying zoning district shall control unless reduced heights are specified as part of the CUP development provisions.

(d)   Screening.  An opaque wall with a height of between six and eight feet shall be required to prevent the passage of debris and light and to mitigate adverse visual impacts.  The wall shall be constructed of brick, stone, masonry, architectural tile or other similar material (not including wood or woven wire).  Screening walls shall be installed in accordance with the following standards:

       1)    A screening wall shall be required along the property line when a residential district abuts the proposed development.  The wall shall be reduced to three feet in height for that portion that lies between the side or front setback lines of the abutting residential property and the property line abutting any public street, unless the reduction in height is determined by the Governing Body to be inappropriate (See Figure 4-1);

       2)    Along the property line when adjacent to a residential district and separated by a public way, street or alley if the storage area, service area or rear of the building face directly such residential district;

       3)    When a part of the property on which there is a proposed commercial or industrial development includes the GO district as a buffer between adjacent residential districts and the commercial or industrial development, then the wall shall be constructed at the boundary between the buffer and said residential district (See Figure 4-2).

c.     Residential CUPs.  The owner or owners of any tract of land permitting residential uses may submit to the Planning Administrator a plan for the use and development of all such tracts of land for residential purposes.  Such development plan shall be referred to the Planning Commission for public hearing. The Planning Commission may approve, approve with conditions or modifications, or disapprove the development plan.  If the development plan is approved, such development may occur even though the use of the land and the use and location of the structures, including the yards and open spaces required by this Code, do not conform in all respects to the regulations contained in other sections of this Code.  However, the development shall conform with the following conditions:

(1)   The land within the residential CUP shall be used only for residential purpose, for nonresidential uses permitted in SF-5, and customary accessory uses, such as passenger vehicle parking areas, garages, recreation and common areas.

(2)   The average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot area per family required for the district in which the residential CUP is located.

d.     Waivers.  When otherwise considering a CUP, the Planning Commission or Governing Body may modify or waive the setback, including compatibility setback, lot coverage, height, parking and/or screening requirements in this section and elsewhere in this Code as part of the approval or amendment of a CUP, where the objectives of the Comprehensive Plan and good planning practices are furthered, provided that the Planning Commission or Governing Body must set forth the specific reasons for such modification and an explanation of how such modification or waiver meets the criteria and purpose of this section.

6.    P-O, Protective Overlay District

a.     Purpose.  The P-O, protective overlay district, may be applied in combination with any base zoning district.  By tailoring use or property development standards to individual projects or specific properties, the P-O district is intended to:

(1)   Ensure compatibility among incompatible or potentially incompatible land uses;

(2)   Ease the transition from one zoning district to another;

(3)   Address sites or land uses with special requirements; and

(4)   Guide development in unusual situations or unique circumstances.

b.     Use and Property Development Standards.  The P-O district, can be used to modify and restrict the use and property development standards of an underlying base zoning district.  All requirements of a P-O district are in addition to and supplement all other applicable standards and requirements of this Code.  Restrictions and conditions imposed by a P-O district shall be limited to the following.

(1)   Prohibiting otherwise permitted or Conditional Uses and accessory uses; or making an otherwise permitted use a Conditional Use;

(2)   Decreasing the number or average density of dwelling units that may be constructed on the site;

(3)   Increasing minimum lot size or lot width;

(4)   Increasing minimum setback requirements;

(5)   Restrictions on access to abutting properties and nearby roads, including specific design features; and

(6)   Any other specific development standards required or authorized by this Code.

c.     Method of adoption.  Restrictions imposed through a P-O district are considered part of this Zoning Code text and accompanying map.  All property included in a P-O district shall be identified on the Official Zoning Map by adding the letters “P-O” and a number to the base zoning district symbol.  The number shall be assigned when the application is filed and numbers shall run consecutively beginning with number 1. The ordinance or resolution zoning or rezoning property to the P-O district shall specifically state the modifications imposed pursuant to Sec. III-C.6.b.  The restrictions imposed shall be considered part of the text of this Code, and a violation of the restrictions shall be a violation of this Code.  The restrictions shall continue in full force and effect until modified in accordance with the amendment or adjustment procedures of Secs. V-C.13 and V-C.14.

d.     Effect of P-O designation.  When the P-O zoning designation is applied in combination with a base zoning district it shall always be considered to result in a more restrictive designation than if the base district did not have the P-O classification.  In the event that the P-O designation was not originally requested as part of the rezoning application, but instead is added during the staff review or public hearing process, renotification and re-advertisement of the requested zoning change shall not be required.

7.     H-O, Historic Landmark Overlay District 

Reserved for future use

1.    Use Regulations Schedule.  The use regulations schedule of this section provides a tabular summary of the land-use types allowed within each zoning district.  The schedule is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts.  In the event of conflict between the use regulations schedule and the use regulations found within the individual district sections of this Code, the text of the individual district regulations shall prevail.

2.    Permitted by-right.  Uses identified in a particular district column of the Use Regulations Schedule with a “P” are “permitted by-right” and shall be permitted in such district, subject to such supplementary use regulations as may be indicated in the “conditions” column and all other requirements of this Code.

3.    Conditional Uses.  Uses identified in a particular district column of the Use Regulations Schedule with a “C” are “Conditional Uses” and shall be permitted in such district if reviewed and approved by the Planning Commission in accordance with the standards of Sec. V-D (Conditional Use review procedures).  Conditional Uses shall be subject to such supplementary use regulations as may be indicated in the “conditions” column and all other requirements of this Code and as may be determined by the Planning Commission.

4.    Not permitted.  Uses not identified in a particular district column of the Use Regulations Schedule as permitted by-right or by Conditional Use are not allowed in such district unless otherwise expressly permitted by other regulations of this Code.

5.    Conditions.  A letter in the final “conditions” column of the Use Regulations Schedule refers to supplementary use regulations applicable to a particular use in one or more of the districts in which such use is allowed.  The referenced regulations appear in Sec. III-D.6 (Supplementary use regulations).  For example, condition “D.6.g” refers to supplementary use regulations contained in Sec. III-D.6.g.

 

6.    Supplementary Use Regulations.  No permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use regulations specified in this section.  In the case of conflict with zoning district property development standards or other regulations of this Code, the more restrictive requirement shall apply, unless otherwise specifically provided.

a.     Accessory apartments.  Accessory apartments shall be subject to the following standards.

(1)   Number of units.  A maximum of one accessory apartment may be allowed on the same lot as a single-family dwelling unit and may be within the main building, within an accessory building or constructed as an accessory building.

(2)   Appearance.  The appearance of an accessory apartment shall be compatible with the main dwelling and with the character of the neighborhood.

(3)   Ownership.  The accessory apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium.

(4)   Utility Service.  The water and sewer service provided to the accessory structure shall not be provided as separate service from the main dwelling.  Electric, gas, telephone and cable television utility service may be provided as separate utility services.

b.     Agriculture.  There shall be no retail or wholesale sales permitted in conjunction with agriculture uses in any district from the most restrictive district through the NR district, except on sites of at least ten acres in size, unless a Conditional Use permit has been approved in accordance with Sec. V-D.

c.     Animal care, limited, in GO and LC.  Limited animal care facilities shall be subject to the following standards when located within the GO and LC districts.

(1)   Noise and odor.  No noise or odors shall be discernible at the property line.

(2)   Animals.  Treatment shall be limited to dogs, cats and other small animals.

(3)   Outdoor runs.  All animals shall be harbored indoors.

d.     Asphalt or concrete plant, limited.  The following standards shall apply to limited asphalt or concrete plants in all zoning districts where permitted, except that they shall not apply in the GI district.  If any one of these standards cannot be complied with, the plant shall be classified as a “general asphalt or concrete plant”.

(1)   The limited asphalt or concrete plant and related materials and equipment shall be located no closer than 1,000 feet to any residence other than the residence of the owner of the land upon which the temporary plant is to be located.

(2)   The asphalt or concrete plant shall comply with state air pollution regulations and shall obtain a permit from the Kansas Department of Health and Environment.

(3)   No contaminated soils may be stockpiled on the site, used for remediation or used in the operation of the asphalt or concrete plant.

(4)   All fuel tanks shall include fuel/spill containment systems as approved by the Sedgwick County Health Department.

(5)   Any spills of materials capable of contaminating groundwater shall be cleaned up immediately to the satisfaction of the Sedgwick County Division of Health.

(6)   No washing or cleaning of trucks or truck beds shall be allowed on site unless a wastewater containment system is used to the satisfaction of the Sedgwick County Division of Health.

(7)   No waste, production materials, discarded equipment or other such items shall be buried on site.

(8)   All equipment and materials utilized in the operation of the limited asphalt or concrete plant shall be removed from the site and the site returned to its original condition, or better, within 30 days following completion of the construction project for which the plant was established.

e.     Wrecking/salvage yards in LI and GI.  Wrecking/salvage yards may be approved as a Conditional Use in the LI and GI districts, provided that such operation:

(1)   Is not abutting an arterial street, expressway or freeway;

(2)   In the opinion of the Planning Commission, will not adversely affect the character of the neighborhood; and

(3)   Is enclosed by a fence or wall not less than eight feet in height and having cracks and openings not in excess of five percent of the area of such fence.

f.     Car wash.  The following standards shall apply to car wash facilities in all zoning districts, whether the car wash facilities are principal uses or accessory uses:

(1)   Conditional Use when near residential zoning.  Although listed as permitted uses in some zoning districts, car washes shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 200 feet of residential zoning.  This distance shall be measured from the nearest lot line of a zoning lot with residential zoning to the nearest lot line of the zoning lot containing the car wash.

(2)   Setbacks from major streets.  All buildings shall be set back at least 35 feet from all arterials, expressways or freeways.

(3)   Setbacks from other streets.  For all streets other than arterials, expressways or freeways, the minimum street setback shall be the lesser of the following:

(a)   20 feet from the right-of-way line;

(b)   The setback described on the recorded subdivision plat; or

(c)   The average setback calculated pursuant to Sec. III-E.2.e(5)(b).

(4)   Setbacks from residential.  All structures shall be set back at least 60 feet (excluding any street, alley or intervening public way) from the lot line of any lot located within a residential zoning district.  This setback shall not apply where the abutting property is being used for a nonresidential use permitted by-right in the underlying district or where the Governing Body has formally adopted a policy of looking with favor on the establishment of LC or higher intensity zoning for the contiguous area.

(5)   Fences.  A fence with a minimum height of six feet shall be provided along the interior side and rear property line, when adjacent to a dwelling, to protect the dwelling from light and noise and eliminate blowing debris, and to protect adjacent property values.  Whenever a fence shall be located in the required front setback, such fence shall not be higher than three feet.  The fence shall be constructed of masonry, concrete, wood or other similar materials.

(6)   Paving.  All of the area to be utilized by the washing and drying operations, including all ingress and egress areas, shall be paved with concrete, asphalt or asphaltic concrete.

(7)   Lighting.  The lighting standards of Sec. IV-B.4 shall be complied with. No string type lighting shall be permitted.

(8)   Signs.  Signs are limited to those permitted in the underlying district.

(9)   Noise.  The noise standards of Sec. IV-C.6 shall be complied with.        

(10) Circulation plan.  A plot plan showing points of ingress and egress, width of driveways, off street parking and holding spaces and interior traffic circulation shall be submitted to the City Engineer for approval prior to the filing of the application.  There shall be no ingress or egress from unpaved public ways.

(11) Parking.  All parking areas shall have adequate guards to prevent the extension or overhanging of vehicles beyond property lines or parking spaces.

(12) Street access. There shall be no ingress or egress from minor or residential streets having 60 feet of right of way or less, unless there are two free moving lanes at all times.  (Example:  A 30 foot paved street with parking permitted on one side would provide two free moving lanes.)

(13) Drainage.  All drainage, both natural and that created by the operation, shall be handled in a manner satisfactory to the City Engineer.

(14) Maintenance.  The area shall be properly policed through inspections by the owner or operator for proper maintenance and removal of trash.

g.     Wireless communication facilities. Whether allowed by right, subject to a building permit, by Administrative Permit or by Conditional Use approval, wireless communication facilities shall be subject to the following provisions.

(1)   All wireless communication facilities shall be evaluated in terms of their conformance to the guidelines in the “Wireless Communication Master Plan” as adopted by the Governing Body, and applications for such facilities shall include information for review as required in that Plan.

(2)   The following wireless communication facilities are permitted by right in any zoning district, subject to the issuance of a building permit, if they conform to the Location/Design Guidelines in this chapter. 

(a)   New facilities that are concealed in or mounted on top of or the side of existing buildings (excluding single-family and duplex residences) and other structures, including support structures up to 20 feet above the building or the maximum height permitted by a building permit or an Administrative Permit in the underlying zoning district, whichever is greater.

(b)   Modification and/or replacement of support structures (light poles, flag poles, electrical poles, private dispatch towers, etc.) that are not significantly more visible or intrusive, including cumulative height extensions of up to 25 percent above the original structure height.

(c)   Modification and/or replacement of wireless communication facilities, including cumulative height extensions of up to 25 percent above the original structure height that comply with the compatibility height standards as outlined in Sec. IV-C.5.

(d)   New or modified lattice towers no larger than 18 inches wide on any side up to 80 feet in height measured from grade.

       If the Planning Administrator determines that the wireless communication facility does not conform to the Location/Design Guidelines, the building permit shall be denied.  Denied building permits may be appealed by applying for an Administrative Permit or a Conditional Use.  An Administrative Permit shall be approved subject to conditions that maintain conformance with the Location/Design Guidelines.  Wireless communication facilities that do not conform to the Location/Design Guidelines may be approved for a Conditional Use on a case-by-case basis as circumstances warrant.

(3)   The following wireless communication facilities shall be approved by Administrative Permit in any zoning district, under the procedures in Sec. VI-G.9 and Sec. VI-H.5, if they conform to the Location/Design Guidelines in the “Wireless Communication Master Plan”:

(a)   New disguised ground-mounted facilities up to 85 feet in height.

(b)   New undisguised ground-mounted facilities up to 65 feet that comply with the compatibility height standards as outlined in Sec. IV-C.5.

(c)   New undisguised ground-mounted facilities up to 85 feet in height in the LC limited commercial zoning district that comply with the compatibility height standards as outlined in Sec. IV-C.5.

(d)   New ground-mounted facilities up to 150 feet in height in the GC general commercial and more intensive zoning districts that comply with the compatibility height standards as outlined in Sec. IV-C.5.

(4)   All wireless communication facilities that do not meet the requirements of Sec. III-D.6.g(2) or Sec. III-D.6.g(3) shall be reviewed through the Conditional Use process as outlined in Sec. V-D.

(5)   There shall be no nighttime lighting of or on wireless communication facilities except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies.  No strobe lights shall be used. Lighting for security purposes shall be permitted at the base of wireless communication facilities.  Temporary lighting for nighttime repairs shall be permitted.

(6)   No signs shall be allowed on an antenna support structure other than those required by applicable governmental agencies.

(7)   At the time of requesting a Conditional Use, an Administrative Permit, or a building permit for a new ground-mounted wireless communication facility, as applicable, the applicant shall demonstrate to the satisfaction of the approving authority that: (1) there is no available space on existing or approved wireless communication facilities or other structures that can be utilized to meet the applicant’s communication needs (an existing site will be considered “available space” only if the site is economically and technically feasible with a ready, willing, and able landlord); and (2) there is no other economically and technically feasible opportunity to modify or rebuild an existing structure on which the communication equipment may be located (a rebuilding opportunity will be considered economically feasible if the cost of rebuilding an existing facility is no more than the cost of building a new facility on a new site).

(8)   At the time of requesting a Conditional Use, an Administrative Permit, or a building permit for a wireless communication facility, as applicable, the owner of a proposed new undisguised ground-mounted wireless communication facility, and the owner of the land, if not the same, shall agree in writing that (a) the support structure is designed, and the ground area is adequate or will be made adequate, to accommodate at least one other carrier, if more than 80 feet in height, and at least two other carriers, if more than 100 feet in height; (b) reasonable accommodations will be made to lease space on the facility to other carriers so as to avoid having a proliferation of support structures that are not fully utilized; and (c) the owner(s) shall make available in the future the opportunity for another party to pay the cost to modify or rebuild the structure to support additional communication equipment where economically and technically feasible.  Lattice towers no larger than 18 inches on any side shall be excluded from the co-location requirements of subsection a) of this paragraph.

(9)   The owner shall be responsible for the removal of unused facilities, including the uppermost 20 percent of support structures that are unused (except where removal of the uppermost 20 percent would require the removal of a lower portion the support structure that is in use, in which case the required removal will be raised to the next highest portion of the support structure not in use), within 60 days if the wireless communication facility, or portion thereof, has been unused for 12 consecutive months.  If such a facility or portion of a facility is not removed by the owner, then the City or County may employ all legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction, to remove it, and after removal may place a lien on the subject property for all direct and indirect costs incurred in its dismantling and disposal, including court costs and reasonable attorney fees. Under this paragraph, “owner” shall include both the owner of the real property and the owner of the wireless communication facility, whether such ownership is divided or in the same person.

(10) All wireless communication facilities shall comply with all federal, state, and local rules and regulations.

h.     Correctional facility and correctional placement residence.  Although listed as permitted uses in certain districts, correctional facilities and correctional placement residences (limited and general) shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 750 feet (measured from property line to property line) of a residential zoning district, unless separated by a major barrier.  Correctional placement residences shall comply with all applicable federal, state and local regulatory requirements, and if such facilities are not directly operated by a unit of government they shall meet licensure requirements that further specify minimum service standards.

i.     Day care, limited and general.  Day care centers (limited and general) shall be subject to the following standards:

(1)   Compliance with state regulations.  Day care centers shall comply with all applicable state regulations.

(2)   Compliance with home occupation standards.  When located in the residence of the care provider in a residential zoning district, day care centers shall comply with the general home occupation standards of Sec. IV-E.3.

(3)   Outdoor play in residential areas.  Outdoor play shall be limited to the hours of 7:30 a.m. to 6:30 p.m. if located within 100 feet of a lot containing a dwelling unit.

(4)   Parking and Loading.  Provision of parking spaces in Sec. IV-A.4 may be provided by shared parking when the day care is located within an existing church or place of worship, however, the day care shall provide convenient off-street loading facilities as required in Sec. IV-A.14.

j.     Hotels and motels in GO.  Hotels and motels in the GO district shall be subject to the following standards.

(1)   Lot size.  The minimum lot size for a hotel or motel use shall be 25,000 square feet.

(2)   Setbacks from residential.  No principal building or any portion thereof that is used for any assembly or occupancy shall have any door other than required exits facing contiguous, residentially zoned parcels, unless such opening is set back at least 25 feet from the property line of such adjoining parcel.

(3)   Recreational uses.  Outdoor recreational uses shall be limited to nonprofit, noncommercial activities used in connection with and operated by the motel or hotel.

(4)   Commercial uses.  No commercial uses or activities shall be allowed except for sale of soft drinks, news media, tobacco, candies and toiletries.  All such sales to be within the office area for such use except when sold from a vending machine.  Under no circumstances shall eating establishments, restaurants, service stations, filling stations, gift shops, sales offices, night clubs, dance halls, or taverns and drinking establishments be allowed or permitted as an associated use of a motel or hotel within the GO zoning district.

(5)   Street access.  A hotel/motel use shall be located along and have access to a street that is classified as an arterial street or higher classification.

k.     Kennels, boarding/breeding/training and hobby.  When allowed as a permitted or Conditional Use, boarding/breeding/training kennels and hobby kennels shall be subject to the following standards:

(1)   Minimum lot size.  The minimum lot size for hobby kennels shall be two acres, unless all animals are harbored indoors with no discernible noise or odor at the property lines.  The minimum lot size for boarding/breeding/training kennels shall be five acres, unless all animals are harbored indoors with no discernible noise or odor at the property lines.

(2)   Setbacks.  Outside runs, holding pens or other open air type enclosures and shelters shall be located behind the front setback line and located at least 200 feet from any dwelling other than the owner’s and at least 50 feet from adjoining property lines.

(3)   Screening.  Screening shall be provided except for those facilities located 600 feet or more from adjoining property lines. Screening shall be provided by structure, solid or semi-solid fencing, landscape materials, earth berms or natural site features maintained for the purpose of concealing the view of the animals behind such fence, landscape material, berm or natural feature from activities on adjoining properties.  If fencing is used, it shall not be less than four nor more than eight feet in height.  If fences over six feet in height, landscape materials, or earth berms are used, a plan shall be submitted for approval to the Planning Administrator.  Fences used for screening may have no more than five percent open surface.  Landscape materials must provide the desired screening effect within the first growing season following installation and throughout the year every year thereafter.

l.     Manufacturing, limited, in LC.  Limited manufacturing uses shall be subject to the following standards when located within the LC district.

(1)   Building size.  The gross floor area of the building housing the limited manufacturing use shall not exceed one square foot of floor area to three square feet of lot area.

(2)   Setbacks.  The minimum setback of any building from any property lines shall be 30 feet.

(3)   Outdoor storage.  No outside storage shall be permitted.

(4)   Paving.  All parking and loading areas shall be paved with concrete or asphalt and must not cover more than one half of required open space.

(5)   Number of employees.  The maximum number of employees on any one shift shall not exceed 15 per acre of lot area.

(6)   No building may be erected or used for any limited manufacturing use in the LC district unless the entire frontage of the ground floor along the principal street frontage is used for office space, display or wholesale or retail sales.

m.    Manufacturing and welding/machine shops in GC.  No building may be erected or used for any manufacturing (limited or general) or welding or machine shop use in the GC district unless the entire frontage of the ground floor along the principal street frontage is used for office space, display or wholesale or retail sales.

n.     Recreation and entertainment, outdoor.  When allowed as a Conditional Use, outdoor recreation and entertainment uses shall be limited to tennis courts, miniature golf courses and similar uses that the Planning Commission has determined will not produce undue noise or attract large numbers of spectators.  The following standards shall apply.

(1)   Street access.  The property shall be contiguous to an arterial or expressway.

(2)   Lighting.  The lighting standards of Sec. IV-B.4 shall be complied with. No string type lighting or banners shall be permitted.

(3)   Noise.  The noise standards of Sec. IV-C.6 shall be complied with.

(4)   Paving.  All driveways, parking, loading and vehicle circulation areas shall be paved with concrete or asphalt.

(5)   Operating hours.  The Planning Commission may establish operating hours as part of Conditional Use approval if the property is located in close proximity to residential areas.

(6)   Maintenance.  The area shall be properly policed to insure proper maintenance and removal of trash from the premises to eliminate problems to adjacent or public property.

o.     Parking areas and/or accessory drives, ancillary in RR through NO districts.  Accessory parking areas approved as Conditional Uses in any district RR through NO shall be subject to the following minimum standards.

(1)   Location. The parking lot shall be within 600 feet (along lines of public access) from the boundary of the use for which parking is provided.

(2)   Use.  The parking lot shall be used for passenger vehicles only and in no case shall it be used for sales, repair work, or the storage, dismantling or servicing of any vehicles, equipment, materials or supplies.

(3)   Setbacks. Parking and circulation aisles shall not be located within a required front yard.  Entrance/exit drives may cross the required front yard.

(4)   Paving. The parking lot and all entrance/exit drives on private property shall be surfaced with concrete, asphaltic concrete, asphalt or any other comparable surfacing material that meets the approval of the Planning Commission, and shall be maintained in good condition and free of all weeds, trash and other debris.

(5)   Layout.  Parking lots shall be designed in accordance with applicable City and County standards, including the City Public Works Department’s Typical Standards for Off-Street Parking.  Parking spaces shall have adequate guards to prevent extension or overhanging of vehicles beyond the property lines or parking spaces.  Adequate markings for channelization and movement of vehicles shall be provided.

(6)   Screening and Landscaping. At a minimum, screening shall be provided in accordance with Sec. IV-B of this Code.  Landscaping shall be provided in accordance with any applicable landscape ordinances or resolutions but shall, at a minimum, include sufficient numbers of trees, shrubs, and ground covers within the required front yard setback to maintain the residential appearance of the block in which the parking lot is located.

(7)   Lighting.  If lighting facilities are provided, the lighting standards of Sec. IV-B.4 shall be complied with.

(8)   Signs.  Only such signs as are necessary for the proper operation of the parking lot shall be permitted.

(9)   Parking fees prohibited.  In no case shall a fee be charged for parking facilities provided hereunder.

(10) Additional requirements.  The Planning Commission may establish additional conditions if determined necessary in order to protect adjacent property owners and the public interest.

p.     Recycling collection stations, private.  Private recycling collection stations shall be subject to the following standards.

(1)   Containers shall not exceed a height of eight feet nor occupy an area greater than 100 square feet.

(2)   No storage shall be allowed outside the containers.

(3)   No power driven equipment shall be used to bale, crush, separate or process the materials at the site.

(4)   No payment shall be made to the contributor for the recyclable materials brought to the station.

(5)   The containers shall be screened by an opaque fence or wall of a height equal to or greater than the height of the containers if the containers are visible at ground level view from a residential district (other than the subject lot).

(6)   Private recycling collection stations shall be considered accessory structures and shall be subject to all accessory structure setback requirements of the zoning district in which located.

(7)   Prior to establishing a private recycling collection station, the operator shall obtain a location permit from the Planning Administrator.  The operation of private recycling collection stations shall be subject to approval by the health officer.

q.     Recycling collection stations, public.  Public recycling collection stations shall be subject to all of the following standards when located in the LC district.  When located in any other permitted district, they shall be subject only to the standard of Sec. III-D.6.r(9).

(1)   Containers shall not exceed a height of ten feet.

(2)   No storage shall be allowed outside the containers.

(3)   No power driven equipment shall be used to bale, crush, separate or process the materials at the site.

(4)   A minimum of two off-street parking spaces shall be provided within 50 feet of the station.  The station shall not occupy any parking spaces required for other uses on the site.

(5)   The station shall be located at least 100 feet from residential zoning districts and lots containing residential dwelling units.

(6)   Access to the station shall be from an arterial or collector street.

(7)   The owner or operator of the station shall police the site no less than once a day to assure that no litter accumulates and that the containers are emptied as needed.

(8)   Informational signs shall be posted that indicate how materials are to be separated and stating any limitations on the types of materials accepted for recycling.  The signs shall be posted on the walls of the containers, and shall not occupy more than 25 percent of the surface area of the containers nor extend more than two feet above the top of the containers.

(9)   Prior to establishing a public recycling collection station, the operator shall obtain a location or building permit, as applicable, from the Planning Administrator.  Operation of the station shall be subject to approval of the health officer.

(10) No payment shall be made to the contributors of the recyclable materials brought to the station.

r.     Recycling processing centers.  Recycling processing centers shall be subject to the following standards.

(1)   The operation of recycling processing centers shall be subject to approval by the health officer.

(2)   Recycling processing centers shall be permitted as an indoor use in the GC, LI and GI districts.  Such uses may be allowed as an outdoor use in the LI district if first reviewed and approved as a Conditional Use pursuant to Sec. V-D.

(3)   Recycling processing centers shall be permitted also as an outdoor use in the GI district.

s.     Restaurant in NR.  In the NR district, restaurants shall not exceed 2,000 square feet in gross floor area, nor shall they provide any drive-up window service or in-vehicle food service.  Delivery and carry-out services are acceptable.

t.     Reverse vending machines (RVMs).  Reverse vending machines shall be subject to all of the following standards when located in the LC district.  When located in any other permitted district, they shall be subject only to the standard of Sec. III-D.6.u(6).

(1)   A minimum of two off-street parking spaces shall be provided within 50 feet of the RVM.  The RVM shall not occupy any parking spaces required for other uses on the site.

(2)   The RVM shall be located at least 100 feet from residential zoning districts and from lots containing residential dwelling units, provided that if the RVM sorts and/or reduces materials mechanically, it shall be setback from residential zoning and uses at a distance necessary to ensure that the ambient noise level at the property line is no greater than five decibels above that existing prior to installation of the RVM.

(3)   Access to the RVM shall be from an arterial street or from a collector street.

(4)   The owner or operator of the RVM shall police the site no less than once a day to assure that no litter accumulates and that the machine is emptied as needed.

(5)   The maximum size for an RVM shall not exceed 120 square feet in size nor a height of 12 feet.

(6)   Prior to installation of a reverse vending machine, the operator shall obtain a location permit from the Planning Administrator. Operation of the RVM shall be subject to approval by the health officer.

u.     Solid waste incinerator.  Any solid waste incinerator, except those located in the GI district, shall comply with the “Standards for Development of Resource Recovery Facilities,” as published by the Maize City Council.

v.     Taverns and drinking establishments, clubs and night clubs in the City.  Although listed as permitted uses in some districts, taverns, drinking establishments, clubs and night clubs in the City shall be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 500 feet of a church or place of worship, public park, school or residential zoning district.  This distance shall be measured from the nearest lot line of the church or place of worship, public park, school or residential zoning district to the nearest lot line of the premises on which the tavern, drinking establishment, club or night club is located or of any parking lot designated to be used by the patrons of such businesses, whichever is closest.  For purposes of this measurement, the required parking spaces for such a business located within a multi tenant structure or shopping center are those located nearest the public entrance to the business.  “Establishment” of any tavern, drinking establishment, club or night club business shall be deemed to include the opening of such a business as a new business, the relocation of such businesses or the conversion of an existing business location to any such business use, or any expansion of such a business beyond the existing square footage of the premises.  Outdoor service of food and drink as an accessory part of the operation of a tavern or drinking establishment, club or night club shall always be subject to the following requirements and, if located within 200 feet of a church or place of worship, public park, school or residential zoning district, shall be considered a Conditional Use and subject to Sec. V-D of these regulations.

(1)   No additional parking spaces or restroom facilities need be provided for the initial sixteen occupants to be served in the outdoor area, but parking and restroom facilities shall be provided to full code requirements for the portions of the permitted occupant load exceeding sixteen persons.

(2)   No noise generated in conjunction with the outdoor use shall exceed a sound level of five decibels as measured on the ‘A’ scale of a sound pressure level meter over the normal background noise that is discernible at any property line of a lot within 1,000 feet that has a residential zoning classification.  Normal background noise shall be established by taking the average of ten sound level readings in any ten-minute period.

(3)   The outdoor area shall be screened from ground level view from any residential-zoned property within 150 feet of the outdoor area, by screening in accordance with the requirements of Sec. IV-B. 

(4)   If lighting facilities are provided, the intensity of light and arrangements of reflectors shall be such as not to interfere with residential uses.  The lighting standards of Sec. IV-B shall be complied with.

(5)   The outdoor use shall be designed and maintained in compliance with all other licenses, regulations and requirements of the fire, health, and building codes, including requirements for emergency access to or from any barriers that limit ingress or egress.

w.    Vehicle and equipment sales, outdoor, in LC.  Outdoor vehicle and equipment sales shall be subject to the following standards when located within the LC district.

(1)   Location shall be contiguous to a major street.

(2)   Visual screening of areas contiguous to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to vehicle and equipment sales replaces a previous use that is of equal or greater intensity.  In no case shall screening be less than that required by Sec. IV-B.1-3.

(3)   All parking, storage and display areas shall be paved with concrete, asphalt or asphaltic concrete.  Parking barriers shall be installed along all perimeter boundaries abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public right-of-way.

(4)   The lighting standards of Sec. IV-B.4. shall be complied with. No string-type or search lighting shall be permitted.

(5)   The compatibility noise standards of Sec. IV-C.6 shall be complied with.  Outdoor speakers and sound amplification systems shall not be permitted.

(6)   No repair work shall be conducted except in an enclosed building, and further provided that no body or fender work is done.

(7)   Only those signs permitted in the LC zoning district shall be permitted on this site, except that no portable, flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted.

(8)   There shall be no use of elevated platforms for the display of vehicles.

x.     Warehouse, self-service storage, in GO and LC.  Self-service storage warehouse facilities shall be subject to the following standards when located within the GO or LC districts.

(1)   A tract for such use located in the GO district shall be contiguous with a less restrictive district.

(2)   The use must be located contiguous to an arterial street, and have direct access to the arterial street.

(3)   All buildings shall set back at least 35 feet from arterial street rights of way lines.  There shall be a minimum 20 foot building setback line from all other streets, unless a platted building setback line would require a greater setback.

(4)   Where the lot is adjacent to a residential zoning district, a landscaped yard with a minimum depth of 15 feet shall be provided on the lot adjacent to the residential zoning district and a landscaped front yard with a minimum depth of 15 feet shall be provided when within 100 feet of a residential zoning district or when across the street from a residential zoning district. The landscaping shall be in addition to any architectural screening type fences or face of the structures that shall be designed to screen the use from the residential neighborhood.  Such fence, when required, shall be solid or semi solid and constructed to prevent the passage of debris or light and constructed of either brick, stone, architectural tile, masonry units, wood or other similar material (not including woven wire) and shall be not less than six feet or more than eight feet in height.  The landscaped yard may be reduced in depth to not less than the minimum side and rear setback required by the property development standards of the applicable zoning district of the lot when the adjacent residential zoning district is occupied by any legal nonconforming office, commercial or industrial use, or when adjacent to a property where an adopted zoning policy by the Governing Body is to look with favor on office, commercial or industrial zoning for the area.

(5)   When the development is in close proximity to residential development, the architectural design shall be submitted to the Planning Administrator for review and a recommendation to the Planning Commission as to whether or not the architecture is compatible with the surrounding development, and that adequate screening is being provided.  Sufficient copies of the preliminary design plans shall be provided so that a copy of such plans, after having been approved by the Planning Commission, may be retained in the case file and by the Planning Administrator to ensure that final development plans and construction comply therewith.

(6)   Any side of the building providing doorways to storage areas shall be set back from the property line at least 40 feet when adjacent to a residential zoning district.

(7)   Off-street parking shall be required on the basis of one space for each 8,000 square feet of floor area in the facility plus one space for each employee, but in no case shall the number be less than five spaces.

(8)   All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete. Adequate bumper guards or fences shall be provided to prevent the extension of vehicles beyond property lines.

(9)   All lights shall be shielded to direct light onto the uses established and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft.

(10) All storage on the property shall be kept within an enclosed building, unless a portion of the property or lot is properly zoned to otherwise permit a designated area for outside storage.

(11) No activities such as miscellaneous or garage sales shall be conducted on the premises.

(12) The servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment shall not be conducted on the premises.

(13) Signs shall be limited to one per arterial street frontage.  Signs shall not exceed twenty feet in height nor exceed fifty square feet in gross surface area. Signs shall not project over any public right of way.

(14) All areas not paved in accordance with the requirements of this section shall be landscaped with deciduous and coniferous plant materials.  The landscaping plan shall be approved by the Planning Administrator.  Maintenance of the landscaping shall be sufficient to maintain it in good condition.

(15) The area shall be properly policed by the owner or operator for removal of trash and debris.

(16) The operation of such a facility shall in no way be deemed to include a transfer and storage business where the use of vehicles is part of such business.

(17) A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.

(18) No more than 45 percent of the lot area shall be covered by buildings.

(19) No individual or business shall lease more than 3,000 square feet of storage spaces.

y.     Nurseries and garden centers in LC.  Nurseries and garden centers in LC that do not comply with the outdoor display and storage limitations specified in Secs. III-B.14.e(2) and III-B.14.e(3) may be permitted by Conditional Use subject to the following standards.

(1)   A tract for such use shall be contiguous to an arterial or expressway or be located within a portion of the LC district or a more intense use district that is contiguous to such a street. 

(2)   Screening shall be provided as deemed appropriate and necessary to provide protection to adjacent properties, however, under no circumstance shall the screening be less than that required by Sec. IV-B of this Code or that required by an approved development plan.  Growing areas for nursery stock shall be considered a landscaped yard and may be substituted for a screening fence as required by Sec. IV-B when deemed appropriate.

(3)   Display and storage of merchandise, nursery stock, landscaping materials and equipment must be within an enclosed building; within an area enclosed by a screening fence deemed necessary for the protection of adjacent properties; or be displayed in areas immediately adjacent to the buildings, provided any display or storage shall not be located within 25 feet of public right-of-way and shall not occupy required off-street parking spaces.

(4)   All lights shall be shielded to reflect or direct light away from adjoining properties.  No string-type lighting shall be permitted.

(5)   No sound projecting devices or loudspeakers shall be used so as to be heard beyond the property lines. 

(6)   Any repair or servicing of vehicles or equipment shall only be permitted within an enclosed building.  Such repair and servicing shall be limited to normal maintenance and not including body repair or modification.

(7)   A site plan showing all structures (existing and proposed), all ingress, egress, off-street parking, off-street loading, on-site circulation, storage and display areas shall be submitted with the application.

(8)   Areas for the growing of plants and nursery stock may be permitted in greenhouses or in open areas as designated by the applicant and approved by the Planning Commission.

(9)   Any vehicles used in conjunction with the business must be stored within the main structure, an enclosed garage, or when approved by the Planning Commission as to adequate screening material and location, within an enclosed compound on the property.

(10) Due to the type of business, the amount of off-street parking and loading spaces based on the gross floor area of buildings could be inappropriate.  The Planning Commission may, in the processing of the Conditional Use request, determine the number of parking and loading spaces required for the use.  The number of spaces shall be determined by the Planning Commission and shall be based on the amount of building, greenhouse, lathhouse and outside area used primarily for display and sales area.  Consideration shall also be given to the anticipated number of employees and possible temporary parking for peak season business.  The determination made by the Planning Commission may be adjusted after public notice and hearing if the lack of adequate off-street parking is creating congestion on the streets due to on-street parking by employees or customers.  The property owner may also request a reduction in the number of parking spaces by filing a revised application and providing figures justifying said change.

(11) The Planning Commission may establish other conditions deemed necessary for the protection of adjacent property, and including the maintenance of required improvements.  The Planning Commission may also require a periodic report of compliance with all conditions of approval, and upon the recommendation of the Planning Administrator, the Planning Commission may schedule a hearing for revocation or modification of the conditions of the Conditional Use approval.

z.     Neighborhood swimming pool.  Although listed as a Conditional Use in all districts where allowed, a neighborhood swimming pool shall be permitted by right if it is identified as a permitted use in the platting of “reserves” or as a permitted use within a residential community unit plan, provided that a detailed site plan shall be submitted to the Planning Administrator for approval at the time the final plat is submitted for scheduling before the Subdivision Committee of the Planning Commission.  Should the plan not be approved, an application for a Conditional Use may be filed in accordance with Sec. V-D of this Code.

aa.   Construction sales and service in LC.  When a construction sales and service business is located in the LC district, it shall be mainly a retail business and not a wholesale or service business and it shall comply with all limitations on outdoor display and storage as specified in Sec. III-B.14.e (Special LC district regulations).

bb.   Parking areas, commercial, in GO, NR and LC.  When commercial parking areas are located in the GO, NR and LC districts, the overnight parking of commercial vehicles exceeding 26,000 pounds gross vehicle weight rating shall not be permitted.

cc.   Outdoor storage/baling in LC through LI.  In LC through LI, the outdoor storage and/or baling of junk, scrap, paper, bottles, rags or similar materials is prohibited.  See Sec. III-B.14.e for limitations on other outdoor storage in LC.

dd.   Tattooing and Body Piercing Facilities.  All tattooing and body piercing facilities within the City shall be located in the GC, OW, IP, LI or GI zoning district and shall be subject to the following standards:

(1)   All facilities shall be located a minimum of 200 500 feet from a school, park or residential zoning district.  This distance shall be measured from the nearest lot line of the school, park, or residential zoning district to the nearest lot line of the premises on which the tattooing and/or body piercing facility is located or of any parking lot designated to be used by the patrons of such businesses, whichever is closest.  For purposes of this measurement, the required parking spaces for such a business located within a multi tenant structure or shopping center are those located nearest the public entrance to the business.

(2)   All tattooing and body piercing shall be conducted within an enclosed building.

ee.   Mining or quarrying sand and gravel extraction.  Sand and gravel extraction operations shall be subject to the following conditions:

(1)   The extraction operation on the site shall proceed in accordance with an operational plan approved by the Planning Commission. The perimeter of the lake excavation shall conform to the approximate size and shape indicated on the approved operational plan.  To assist in the enforcement of the operational plan, a copy of the approved operational plan shall be posted in the extraction office.

(2)   The operational plan shall illustrate which area is to be excavated and at what time.

(3)   Uses after the conclusion of the extraction operation, shall be submitted to the Planning Administrator for review and a recommendation to the Planning Commission as to whether or not the development plan is compatible with surrounding land uses, the Comprehensive Plan and/or other plans or policies being utilized by the City or County.

(4)   Adjacent to the perimeter of the application area, a minimum 60-inch high fence shall be constructed prior to the beginning of any extraction operation and shall be maintained at the locations depicted on the approved operational plan. Said fence shall be placed on steel posts that are not less than seven feet tall.  The posts shall not be set more than 16 feet apart.  The fence shall be a minimum height of 60 inches and shall be of the following types of construction:

(a)   A 48-inch high or higher chain link fence with three or more strands of barbed wire; or

(b)   A 48-inch high or higher solid metal or solid masonry fence with three or more strands of barbed wire; or

(c)   A 48-inch high or higher wood fence that may have cracks or openings not in excess of five percent of the area of such fence, with three or more strands of barbed wire.

(d)   The term “barbed wire” shall mean any twisted wire with barbs spaced a minimum of four inches apart and placed at the top of the fence and gate at an angle not to exceed 160 degrees facing away from the excavation.

(5)   The extraction shall be to at least a minimum depth of six feet below the normal water table, as determined by the Sedgwick County Division of Health.

(6)   The owner of the property shall be responsible for minimizing blowing dust from the site.  To minimize blowing soil, overburden shall not be removed more than six months in advance of the lake being expanded into an area, unless the ground is covered within the next planting season with a perennial drought-resistant grass or combination of which will permit the establishment of sod cover to help prevent erosion. As part of the required operational plan, the site shall be divided into at least two distinct areas for the purpose of showing phased excavation over time.

(7)   All slopes shall have vegetative covering consisting of a perennial drought-resistant grass or combination of grasses that will permit the establishment of sod cover to help prevent erosion.

(8)   To provide for bank stabilization and safety of future uses, the side slopes of the extraction shall be no steeper than five horizontal to one vertical.

(9)   Sufficient overburden material shall be retained in the area of extraction to grade and construct the banks so they are formed with overburden material rather than sand.

(10) The property shall be platted prior to the issuance of any zoning or building permits, except those permits necessary for the extraction operation.

(11) No commercial recreational activities, such as boating, fishing, skiing, etc., shall be permitted in the development area, unless duly authorized under provisions of the Unified Zoning Code and amendments thereto.

(12) The applicant shall submit a restrictive covenant to the Planning Department in a form satisfactory to the city or county legal counsel (as applicable), prior to the commencement of any extraction operation, providing that no foreign matter, such as rubbish, trees, car bodies, etc., shall be deposited on the application area or within the extraction area.

(13)The storage of equipment or stockpiling of sand or overburden is not permitted closer than 100 feet to any public right-of-way or closer than 100 feet to any property line.

(14) Nothing in the approval of a Conditional Use shall be construed to permit a contractor’s material and equipment storage yard.   Within 60 days after completion of the extraction operation, the land surrounding the lake shall be properly graded and planted with a vegetative cover.  Also, all stockpiled sand or overburden and sand pumping and related equipment shall be removed from the subject site.

(15) The length of time for the extraction operation and the hours of operation for removal of the overburden shall be set at the time of approval of the Conditional Use.  Subject operation is to cease after that period of time with all equipment and materials associated with the operation removed from the premises. 

(16) Hours of operation for the removal of overburden shall be limited to 6:00 a.m. to sunset.  The same hours of operation shall apply if sand removal is conducted with the use of non-electric driven equipment.  If sand is removed with the use of an electrical pump, sand extraction may operate 24 hours a day.

(17) All on-site water and sewage facilities shall be approved by and constructed to the standards of the Sedgwick County Division of Health.

(18) Any water wells needed to operate the facility must comply with the Water Well Construction Standards contained in Article 30 of the Kansas Department of Health and Environment rules and regulations.

(19) The applicant shall make the site available to the Sedgwick County Division of Health for the installation and management of groundwater monitoring wells.

(20) Any on-site storage of fuels or chemicals must be approved by the Sedgwick County Health Department.

(21) A drainage plan shall be submitted to and approved by City Engineer prior to starting the extraction operation.  All of the area included within the fenced sand extraction operation shall be graded in accordance with the approved drainage plan.  Additional requirements, such as a public drainage easement, a floodway reserve, or a covenant authorizing the site for use as a detention storage facility for public drainage purposes, may be required as a condition of approval for the drainage plan.

(22) All operational roads shall be maintained in a sand or graveled condition and shall be treated water or other acceptable dust retardant to minimize blowing dust.

(23) All applicable local, state, and federal permits necessary for the extraction operation shall be obtained and maintained.

ff.    Vehicle and equipment sales, outdoor, in GC.  Outdoor vehicle and equipment sales shall be subject to the following standards when located within the GC district.

(1)   Visual screening of areas contiguous to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to vehicle and equipment sales replaces a previous use that is of equal or greater intensity.  In no case shall screening be less than that required by Secs. IV-B.1-3.

(2)   All parking, storage and display areas shall be paved with concrete, asphalt or asphaltic concrete.  Parking barriers shall be installed along all perimeter boundaries abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public right-of-way.

(3)   The lighting standards of Sec. IV-B.4. shall be complied with. No string-type or search lighting shall be permitted.

(4)   The compatibility noise standards of Sec. IV-C.6 shall be complied with.  Outdoor speakers and sound amplification systems shall not be permitted.

(5)   No repair work shall be conducted except in an enclosed building.

gg.   Day reporting centers.  Day reporting centers as defined by this Code shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures).  Day reporting centers shall be subject to the following standards:

(1)   Compliance with all applicable federal, state and local regulatory requirements, and if such facilities are not directly operated by a unit of government they shall meet licensure requirements that further specify minimum service standards.

7.    Accessory uses.  Principal uses specified as permitted uses or Conditional Uses by the district regulations of this article shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts.  Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, except as otherwise provided in these regulations (See Sec. III-D.7.e).

a.     Agricultural accessory uses.  In addition to the accessory uses specifically listed in Sec. III-D.7.b, agricultural uses shall include accessory uses and activities customarily associated with agricultural operations, as determined by the Planning Administrator.

b.     Residential accessory uses.  Residential and agricultural uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)   Antennas and support structures for AM/FM radio and television reception, amateur radio, and private dispatch systems;

(2)   Gardens;

(3)   Garage sales;

(4)   Garages, carports and private parking areas;

(5)   Gates and guard houses;

(6)   Storm shelters and fallout shelters;

(7)   Home occupations, subject to Sec. IV-E;

(8)   Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;

(9)   Recreational and play facilities for the use of residents;

(10) Solar energy systems;

(11) Storage of vehicles and equipment in the City.

(a)   Unoccupied recreational vehicles, boats and trailers The following accessory uses shall be permitted in the City of Maize when such are the personal property of the occupant of the dwelling, provided that in the City of Maize only such recreational vehicle, boat or trailer accessory uses shall not occupy any part of the required front yard and/or required street side yard:

       1)    Motor vehicles (except inoperable vehicles);

       2)    Boats;

       3)    Trailers that are exempt from motor vehicle registration by the State of Kansas or are registered or are required by law to be registered with a 2M+ Kansas license plate; and

       4)    Unoccupied recreational vehicles.

(b)   No outdoor storage of equipment, materials or vehicles used in the home occupation shall be allowed as a residential accessory use.

(12) Storage of vehicles and equipment in the County.

(a)   The following accessory uses shall be permitted in the unincorporated area of the County when such are the personal property of the occupant of the dwelling:

       1)    Storage of motor vehicles that are screened as specified in Section 19-22(c) of the Sedgwick County Code;

       2)    Storage of boats;

       3)    Storage of trailers that are exempt from motor vehicle registration by the State of Kansas or are registered or are required by law to be registered with a 2M+ Kansas license plate;

       4)    Storage of unoccupied recreational vehicles;

       5)    Storage of construction equipment with less than 50 horsepower.

(b)   No outdoor storage of equipment, materials or vehicles used in the home occupation shall be allowed as a residential accessory use except as otherwise permitted by Sec. IV-E.6.

(13) Other necessary and customary uses determined by the Planning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Planning Administrator as a means of ensuring land use compatibility.

c.     Commercial and industrial, manufacturing and extractive accessory uses.  Commercial uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)   Antennas and support structures for AM/FM radio and television reception, amateur radio, and private dispatch systems;

(2)   Dwelling units for security or maintenance personnel;

(3)   Gates and guard houses;

(4)   Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use;

(5)   Gift shops, news stands and similar commercial activities operated primarily for the convenience of employees, residents, clients, or visitors to the principal use;

(6)   Parking garages and off-street parking areas;

(7)   Recreation areas and facilities for the use of employees;

(8)   Other necessary and customary uses determined by the Planning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Planning Administrator as a means of ensuring land use compatibili¬ty.

d.     Public and civic accessory uses.  Public and civic uses shall include accessory uses and activities customarily associated with the purpose and function of the principal use, including but not limited to the following:

(1)   Refreshment stands and food and beverage sales located in uses involving public assembly;

(2)   Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, patients or visitors to the principal use;

(3)   Gift shops, news stands and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients or visitors to the principal use; and

(4)   Other necessary and customary uses determined by the Planning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Planning Administrator as a means of ensuring land use compatibility.

e.     Accessory use development and performance standards.  The following property development standards shall apply to all accessory uses and structures in the most restrictive district through the MH district unless otherwise specifically provided.

(1)   Rear setback.  Accessory structures shall be set back at least ten feet from the centerline of any platted or dedicated alley, and if no alley exists, then five feet from the rear lot line.  Accessory structures may not utilize more than one-half of any required rear yard.

(2)   Front setback.  Accessory structures shall not be located nearer to the front property line than the principal structure except on lots five acres or more in size where the front setback for accessory structures shall be the same as required for principal structures.

(3)   Side setbacks.  Accessory structures shall comply with the side setback standards for principal uses, provided that an accessory structure shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory structure are located more than one half the depth of the lot behind the front property line.  Accessory structures may not utilize more than one-half of any required side yard.

(4)   Corner lot setbacks.  Whenever located on a key lot, accessory structures shall not project beyond the front setback line required on the lot in the rear of such key lot.

(5)   Setbacks from easements.  No accessory structure shall be located on any platted or recorded easement, or over any known utility.

(6)   Height.  No accessory structure shall exceed 60 percent of the allowable height requirements of the district unless the accessory structure conforms to all setback requirements for principal structures in that district.

(7)   Building separation.  Unless attached to the principal structure, accessory structures shall be located at least three feet from the principal structure.

(8)   Required parking.  No accessory structure or use shall eliminate or reduce the amount of off-street parking or loading required by this Code.

The property development standards established by this Code shall be considered minimum standards for each and every building or structure existing on November 30, 2006, and for any building or structure hereafter erected or structurally altered.  No land required for setbacks or for lot area for an existing building or structure or required for any building or structure hereafter erected or structurally altered, shall be counted as a setback or lot area for any other building or structure.

1.    Property development standards schedules.  The following property development standards schedules provide tabular summaries of the dimensional and site development standards applicable within residential and nonresidential zoning districts.  The schedules are intended for reference and do not necessarily reflect all of the regulations that may apply to particular uses or districts.  In the event of conflict between these property development standards schedules and the zoning district standards set out in Secs. III-B and III-C, the standards of Secs. III-B and III-C shall control. The compatibility standards of Sec. IV-C may require greater setbacks or allow lesser heights than specified in either the property development standards schedules or the zoning district standards.  Also, other applicable City development codes may have requirements that take precedence.

2.    Property development standards.

a.     District size.  District size refers to amount of contiguous land area with the same zoning district classification.

b.     Lot size.  Lot size or lot area refers to the amount of horizontal land area within lot lines.  No building permit or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this Code except in the following cases.

(1)   Reduction for public purpose.  When an existing lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Code.

(2)   Utility facilities.  Utility facilities using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum lot size requirements of all zoning districts.

(3)   Single-family dwelling exemptions.  The minimum lot size requirements of this Code for districts permitting single-family dwelling units shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot of record that existed prior to adoption of zoning for subject property.

c.     Lot width.  Lot width refers to the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width shall be measured between the side lot lines along the line that is parallel to the front lot line and located the minimum front setback distance from the front lot line.  In the case of cul-de-sac lots, the minimum lot width may be measured between the side lot lines along the line that is parallel to the front lot line and located at the actual front building line.

d.     Density.  Density refers to the number of dwelling units for each (gross) acre of land.  Density shall be calculated by dividing the number of dwelling units by the lot area (in acres).

e.     Setbacks.  Setbacks refer to the unobstructed, unoccupied open space between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section.  Setbacks shall be unobstructed from the ground to the sky except as specified in this section.

(1)   Features allowed within setbacks.  The following structures and features may be located within required setbacks:

(a)   Trees, shrubbery or other features of natural growth;

(b)   Fences or walls that do not exceed eight feet in height as measured on the side of the fence with the least vertical exposure above finished grade;

(c)   Driveways, patios and sidewalks;

(d)   Signs, if permitted by applicable sign regulations;

(e)   Bay windows, architectural design embellishments, and cantilevered floor areas of dwellings that do not project more than two feet into the required setback;

(f)    Eaves that do not project more than 2 1/2 feet into the required setback;

(g)   Open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not project more than five feet into a required front or rear setback nor more than two feet into a required side setback;

(h)   Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;

(i)    Open, unenclosed porches and carports that do not project more than eight feet into a required front setback nor more than five feet into a required rear setback;

(j)    Utility lines, wires and associated structures, such as power poles;

(k)   Detached unenclosed canopy structures over motor fuel pump islands, drive-throughs, bank aisles, and ATM machines, provided that the supports for the structures and the equipment they cover shall be located at least ten feet from the right of way, and provided that no portion of the canopy shall project over the public right of way, utility easements, required landscape area, required setback adjoining a residential zoning district, or any adjoining property line.  Whenever the equipment ceases to be used for its purpose, the equipment and, all canopies shall be removed within 90 days or prior to conversion of the property to another use, whichever occurs first.

(l)    Window wells not over 8” above grade may project a maximum of 44”, including all structural elements.

(m) Condensing units may be placed in accordance with the provisions of Secs. III-D.7.e(1) and III-D-7.e(3).

(2)   Setbacks measured from proposed rights-of-way.  In areas where a development plan for road improvements has been approved and adopted by the Governing Body, minimum front setbacks shall be measured from the proposed right of way line.

(3)   Setbacks from major roadways.  The minimum zoning district setbacks notwithstanding, in the unincorporated area of the County no building shall be erected, enlarged, moved in or reconstructed so as to be closer to the centerline of the roadway than is set forth in the following table:

(4)   Conflict with building lines on recorded plats.  If the minimum setback standards imposed by this Code conflict with building lines shown on valid, recorded plats, or with the remaining building lines that are modified by a valid, recorded vacation order, the minimum setback shall be the same distance shown on the valid, recorded plat or vacation order.

(5)   Setback averaging.

(a)   Residential districts.  If the existing front setbacks of developed lots within the same block and same residential zoning district and fronting on the same side of the street are less than the required front setback of the underlying residential zoning district, applicants shall be allowed to use the “average” front setback on the block.  In such cases, the “average setback” shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property.  In no event shall nonresidential uses or undeveloped lots be included in the calculation of the average setback, and in no case shall more than five lots on either side of the subject property be included in the calculation.  This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the City of Maize Comprehensive Plan and City of Maize Subdivision Regulations adopted by the Governing Body on August 31, 2006 and amended from time to time.

(b)   Nonresidential districts.  If the existing front setbacks of developed lots within the same block and fronting on the same side of the street are less than the required front setback of the underlying nonresidential zoning district, applicants shall be allowed to use the “average” front setback on the block.  In such cases, the “average setback” shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property.  This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the City of Maize Comprehensive Plan and City of Maize Subdivision Regulations adopted by the Governing Body on October 23 and August 31, 2006, respectively, and amended from time to time.

(6)   Front setbacks on corner lots.  In the case of corner lots, a front setback shall be provided along the shorter street frontage, except that residential key lots platted after August 31, 2006, shall provide a front setback along all street exposures.

(7)   Setbacks reduced for public purpose.  When an existing setback is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to be in compliance with the minimum setback standards of this Code without resort to the Board of Zoning Appeals.

(8)   Rear setbacks adjacent to alleys.  Where an alley has been platted or otherwise dedicated adjacent to the rear of a lot, half the width of the alley may be included in the rear yard setback requirement.

f.     Height.  Building height refers to the vertical distance between the average finished grade at the base of the building and: (1) the highest point of the coping of a flat roof; (2) the deck line of a mansard roof; or (3) the average height level between the eaves and ridge line of a gable, hip or gambrel roof.  In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall.

(1)   Exemptions from height standards.  The following structures and features shall be exempt from the height requirements of this Code to the extent indicated, except that the compatibility standards of Sec. IV-C shall still be applicable for all structures and features other than utility poles:

(a)   Chimneys, smokestacks or flues;

(b)   Cooling towers and ventilators;

(c)   Elevator bulkheads and stairway enclosures;

(d)   Fire towers;

(e)   Utility poles;

(f)    Belfries, spires and church steeples;

(g)   Tanks, water towers, and silos;

(h)   Monuments and ornamental towers;

(i)    Wireless communication  facilities, provided that no portion of the tower, antenna, aerial or any anchor or guy may encroach upon the land area or airspace of any required front setback or into any utility easement, and provided that wireless communication facilities that are under city or county government franchise or ownership shall be permitted within the utility easements so long as they otherwise adhere to utility easement agreements.

(j)    Energy generating structures not exceeding 45 feet in height, provided that such structure shall not be located in any required setback nor be located closer to any adjacent property than the height of the energy generating structure;

(k)   Noncommercial, ground or structure supported, antennas and aerials that do not exceed a total height of 60 feet above natural grade, provided that no portion of the tower, antenna, aerial or any anchor or guy may encroach upon the land area or airspace of any required front setback or into any utility easement, provided that noncommerical, ground or structure supported antennas and aerials that are under city or county government franchise or ownership shall be permitted within the utility easements so long as they otherwise adhere to utility easement agreements.  This 60-foot height limit shall not apply if, after reviewing the application the Planning Administrator determines that the antenna complies with the following standards:

1)    The antenna structure shall not be located any closer to an interior side property line, a rear property line or utility easement, than one-half of the height of the structure; and

2)    No antenna shall exceed the height permitted by Federal Communications Rules and Regulations pertaining to the Amateur Radio Service and Citizens Radio Service.