Vice Chair) Peterson Hornbeck (Chair

AGENDA PLANNING COMMISSION Tuesday, August 14, 2018 – 5:30 PM City Council Chambers 125 E Avenue B, Hutchinson, Kansas 1. ROLL CALL Richardson Woleslagel Bisbee Hamilton Wells Roberts-Ropp Carr (Vice Chair) Peterson Hornbeck (Chair)

2. APPROVAL OF MINUTES – Meeting of July 10, 2018. 3. CORRESPONDENCE & STAFF REPORTS – Motion to accept correspondence and staff reports into the official record. 4. PUBLIC HEARINGS a. CUP18-000005 – Conditional Use Permit for Salvage Yard Request to operate a salvage yard use at 316 Spencer St. (Staff Representative: Amy Allison, Senior Planner) Action: Motion to recommend (approval / approval with conditions / denial) to the Hutchinson City Council of Conditional Use Permit request #CUP18-000005 for a salvage yard located at 316 Spencer St. b. ZA18-000004 – Zoning Amendments for the Land Use Table, R-6 Zoning District & Related Sections Request for Amendments to the City of Hutchinson Zoning Regulations pertaining to Definitions, Zoning Districts, Accessory Structures, and Supplemental Regulations. (Staff Representative: Amy Allison, Senior Planner) Action: Motion to recommend (approval / modification and approval / denial) to the Hutchinson City Council of Zoning Amendment case #ZA18-000001 for modification of the City’s regulations pertaining to Definitions, Zoning Districts, Accessory Structures, and Supplemental Regulations. 5. OLD BUSINESS – None 6. NEW BUSINESS a. CP18-000001 – Review the 2019-2023 Capital Improvement Program for Conformance to the Comprehensive Plan. (Staff Representative: Jim Seitnater, Planning & Development Director) Action: Motion to (approve and make a finding of conformance / amend and make finding of conformance / deny because a finding of conformance cannot be made) between the 2019-2023 Capital Improvement Program with the recommendations, spirit and intent of the 2017-2037 Comprehensive Plan. 7. STUDY SESSION a. ZA18-00000x – Industrial Neighborhood Rezone Request for a study session to review a request to rezone a large area from I-3 to permit residences.(Staff Representative: Amy Allison, Senior Planner) 8. UPCOMING CASES – None 9. ADMINISTRATIVE CASES – None 10. COUNCIL ACTION ON CASES a. CPA18-000003 & ZA18-000005 Zoning Amendements for 17 W 13th Ave (August 7, 2018) 11. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 12. ANNOUNCEMENTS 13. ADJOURNMENT Staff Contacts: Jim Seitnater 620-694-2667 Aaron Barlow 620-259-4198 Amy Allison 620-694-2638 Jade Shain 620-259-4134 Charlene Mosier 620-259-4133 ITEM 2 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018

MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B

1. ROLL CALL The Planning Commission meeting was called to order at 5:46 p.m. with the following members present: Jon Richardson (10/11), Tommy Hornbeck (9/11), Terry Bisbee (10/11), Janet Hamilton (9/11), Todd Carr (10/11), and Darryl Peterson (9/11). Members Brock Wells (9/11), Valery Roberts-Ropp (9/11), and Mark Woleslagel (6/11) were absent.

Planning Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; and Jade Shain, Planning Technician.

2. APPROVAL OF MINUTES The minutes of the June 26, 2018 meeting were approved on a motion by Carr, seconded by Hamilton, passed unanimously.

3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Bisbee, seconded by Peterson, passed unanimously.

4. PUBLIC HEARINGS a.CPA18-000003 – Comprehensive Plan Land Use Map Amendment for 17 West 13th Avenue

Richardson disclosed a conflict of interest with the case and abstained from comment or voting.

Hornbeck opened the public hearing asked for the staff presentation. Barlow provided the staff presentation. The applicant is requesting an amendment to the Comprehensive Plan Land Use Map for the property located at 17 West 13th Avenue from High Density Residential to Commercial. This request is concurrent with a Zoning Amendment Request for this property from R-4 Residential Neighborhood Conservation District to C-2 Neighborhood Commercial District. Barlow provided the factors required for making a finding of conformance to the Comprehensive Plan:

1 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018

Hornbeck asked for the applicant to speak. Tom Elliott spoke to the Commission about plans for the currently vacant property. It would either become additional parking or a second crematorium.

Hornbeck asked if any members of the audience would like to comment on the case. Sue O’Hara of 29 W 13th Ave, while supportive of the project, said she was concerned about property values if a second crematorium were to be built. Elliott responded that it would not impact home values at all and said that Elliott’s Mortuary has been a good neighbor in the community. O’Hara also expressed concern about the public sewage line that runs to the property located in the adjacent alley. She explained that there have been issues in the past. Barlow explained that any new project on the site that used public sewer would require Site Plan review where the sewage issue would be addressed.

Hornbeck asked for staff’s recommendation; Barlow responded that staff recommends approval. Hornbeck closed the public hearing and asked for a motion.

Motion by Carr, seconded by Bisbee and passed unanimously, to recommend approval of Comprehensive Plan Land Use Map Amendment request CPA18-000003 to re-designate property 2 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018 located at 17 West 13th Avenue from High Density Residential to Commercial based upon a finding that the factors required for approval are met.

b. ZA18-000005 – Zoning Amendment for 17 West 13th Avenue

Richardson admitted conflict of interest in this case and abstained from comment or voting.

Hornbeck opened the public hearing and asked for the staff presentation. Barlow provided the staff presentation. The applicant is requesting a change in zoning designation for the property located at 17 West 13th Avenue from R-4 Residential Neighborhood Conservation District to C-2 Neighborhood Commercial District. This change will allow for uses related to the mortuary on the adjacent lot. Barlow provided the factors required for approval of Zoning Amendment Requests:

3 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018 Analysis of Factors Required for Approval of Zoning Amendment Requests: Factor Analysis Met | Not Met

The property in question is located adjacent to a commercial property in a neighborhood with both commercial and residential uses. Many of the streets 1. Character of the intersecting Main Street in this part of town contain both residential and  Met neighborhood commercial uses.

Location Zoning Use Subject R-4 Residential Single-family residential, to be demolished. Properties Neighborhood Conservation District North C-2 Neighborhood Parking Lot Commercial District 2. Current zoning and South C-2 Neighborhood Elliott Mortuary Parking Lot uses of nearby Commercial District  Met property East C-4 Special Commercial Engineering Consultants Office / Elliott District / C-2 Mortuary Neighborhood Commercial District West R-4 Residential Single-family Residential Neighborhood Conservation District

3. Suitability of the The applicant plans to use the property for an expansion of his adjacent property for the mortuary business. The current R-4 zoning would not be compatible with the  Met proposed use as proposed use. presently zoned

4. Extent of There would be no immediate impacts to adjacent property owners if the zoning detrimental effects amendment request is approved as most of the demolition and house moving has to nearby already been completed. However, the change in zoning would allow commercial uses  Met properties if the closer to the neighbors to the west. Any new development would have to conform with application were the City’s regulations requiring commercial uses to be screened from residential approved properties. 5. Length of time the property has The property has been vacant for most of 2018.  Met remained vacant 6. Relative gain to the public health, Health, safety, and welfare: Because the neighborhood already contains a variety safety and welfare of uses and zoning districts, the proposed change in zoning will not have a compared to the significant impact on the public health safety and welfare. hardship imposed  Met upon the Landowner hardship: If the zoning amendment request is denied, Elliott landowner if the Mortuary will be unable make their planned expansion. application were denied

4 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018

7. Conformance of According to the 2017‐2037 Comprehensive Plan, the property’s land use this request to the designation is High Density Residential. However, a concurrent application to revise  Met Comprehensive the Comprehensive Plan Land Use Map has been submitted. That request will be Plan considered prior to this request.

Streets The proposed parking lot expansion would likely reduce on- street parking in the area. Alleys Elliott Mortuary already uses adjacent alleys for parking lot circulation. There will be a slight increase in alley use after the property is converted to a parking lot. Sidewalks There are no sidewalks in this area. 8. Impact on public Water This change in zoning district will not impact sewer infrastructure. facilities and  Met In fact, the impact will be reduced after removing the single- utilities family home. Sewer This change in zoning district will not impact sewer infrastructure. In fact, the impact will be reduced after removing the single- family home. Drainage Converting the lot into a parking lot will have an impact on drainage infrastructure. This should be offset by stormwater fees.

Hornbeck asked if anyone from the public would like to comment on the case. No public comments were received. Hornbeck asked for staff’s recommendation; Barlow responded that staff recommends approval. Hornbeck closed the public hearing and asked for a motion.

Motion by Carr, seconded by Peterson and passed unanimously, to recommend approval of Zoning Amendment request ZA18-000005 to rezone property located at 17 West 13th Avenue from R-4 Residential Neighborhood Conservation District to C-2 Special Commercial District based upon a finding that the factors required for approval are met.

5. OLD BUSINESS

a. None. 6. NEW BUSINESS

a. None.

7. UPCOMING CASES

a. ZA18-000001 Use Table & R-6 Infill Zoning District Public Hearing (August 14, 2018) b. CUP18-000005 Salvage Yard Use (August 14, 2018)

8. ADMINISTRATIVE CASES

a) None. 5 PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JULY 10, 2018

9. CITY COUNCIL ACTION ON CASES

a) ZA18-00004 Landscaping & Paving Amendments (July 3, 2018) - Approved

10. OPEN COMMENTS FROM THE AUDIENCE a. None.

11. ANNOUNCEMENTS a. None.

13. ADJOURNMENT - The meeting adjourned at 6 PM.

Respectfully Submitted Jade Shain, Planning Technician Approved this 14th day of August, 2018

Attest:

6 ITEM 4A

STAFF REPORT Agenda Item #: ____  Planning Commission CASE #: CUP18-000005  Board of Zoning Appeals Planning & Development Department PUBLIC HEARING: YES NO 125 E Avenue B | Hutchinson KS 67501 DATE: 07/25/2018 MEETING DATE: 08/14/2018 620.694.2639

 Comprehensive Plan Amendment  Conditional Use Permit

 Final Plat  Language Amendment  Preliminary Plat STAFF REPRESENTATIVE: Amy Allison

    STAFF Study Session Subdivision Variance Zoning Amendment Other Housing Program Coordinator

REQUEST  Appeal  Special Use Permit  Variance

APPLICANT: 316 Spencer St. Edwin Manche 4017 Prairie Hill Drive

Hutchinson KS 67502

PROPERTY OWNER: Edwin Manche 4017 Prairie Hill Drive Hutchinson KS 67502 PROPERTY PHOTO PROPERTY DESIGN PROFESSIONAL: None APPLICANT INFORMATION APPLICANT

CONCURRENT APPLICATIONS: RECOMMENDATION: ZV18-000003

STAFF  APPROVAL  APPROVAL WITH CONDITIONS  DENIAL APPLICATION MATERIALS: See City website: www.hutchgov.com

ZONING: Request for Conditional Use Permit approval for a salvage yard located at I-2, Industrial District 316 Spencer St. PROJECT

SUMMARY COMPREHENSIVE PLAN DESIGNATION: Industrial

SUBDIVISION: Eccles 1st Addition The property is designated as Industrial on the 2017-2037 Comprehensive Plan Land Use Map. Salvage yards are considered a compatible industrial use EXISTING LAND USE: with conditions. Storage Facility COMP PLAN PLAN COMP COMPATIBILITY SITE IMPROVEMENTS: PROPERTY INFORMATION 21,800 sf industrial structures 316 Spencer St. SIZE OF PROPERTY: 49,245 Square Feet DEVELOPMENT REVIEW: 7/24/2018 PUBLIC NOTICE PUBLISHED

7/16/2018, Hutchinson News

N PROPERTY OWNER NOTICE MAILED:

REVIEW 7/16/2018 to 17 owners of 18 surrounding properties NOTIFICATIONS & NEXT STEPS: LOCATION MAP MAP LOCATION City Council Consideration – 8/21/2018 FOR OFFICE USE ONLY  Approved  Approved with Conditions Subject Property  Denied  Tabled CUP18-000005 PLANNING COMMISSION STAFF REPORT SALVAGE YARD, 316 SPENCER ST 8/14/2018 HEARING DATE

ANALYSIS OF STANDARD FACTORS OF APPROVAL REQUIRED FOR CONDITIONAL USE PERMIT REQUESTS:

Factor Analysis Met | Not Met The subject property is located in a neighborhood with a mixture of uses. The 1. Character of the property is located adjacent to commercial uses on the north, residential  Met neighborhood (separated by an alley) on the south and industrial to the West. Similar auto uses are located in the vicinity. Location Zoning Use Subject C-4 Special Commercial District Vacant 2. Current zoning and Property uses of nearby North C-4 Special Commercial District Vacant buildings, outdoor storage  Met property South I-2 Industrial District Residences East C-4 Special Commercial District Gas Station Industrial building, outdoor storage West I-2 Industrial District and vacant bar 3. Suitability of the The property was originally a lumber yard, and used for industrial purposes. property for the Currently a chain-link fence surrounds the property. To meet the standards for  Met w/ proposed use as salvage yards, the fence will need to be upgraded to a solid fence. conditions presently zoned The property is already developed and has been used as a vehicle repair facility 4. Extent of detrimental in the past. Adjacent residential properties are zoned industrial and rebuilding effects to nearby the house should it be damaged more than 50% of value would not be  Met w/ properties if the permitted. The proposed use would also be required to meet the standards of conditions application were Sec. 27-912 Performance Standards for Industrial Uses which would mitigate approved impacts to neighbors. 5. Length of time the property has remained The property is currently being used as a salvage yard.  Met/No Met vacant 6. Relative gain to the public health, safety Health, safety, and welfare: The proposed use will not have a significant impact and welfare compared to the public health, safety or welfare. to the hardship  Met imposed upon the Landowner hardship: If not approved, the landowner is unable to continue to landowner if the use the property as a salvage yard. application were denied 7. Conformance of this The Comprehensive Plan Land Use designation for this property is Industrial and request to the  Met the proposed use is compatible with industrial uses with conditions. Comprehensive Plan There are no expected impacts on public facilities and utilities, as this site is 8. Impact on public already developed with existing, water, sewer, street, sidewalk and other public  Met facilities and utilities facilities / utilities in place.

2 CUP18-000005 PLANNING COMMISSION STAFF REPORT SALVAGE YARD, 316 SPENCER ST 8/14/2018 HEARING DATE

SITE PLAN REVIEW:

Item Standard Provided Met |Not Met  Not Met Front yard setback 25 feet 0 feet (existing structure) 0 feet N, 0 feet E; 0 feet W  Not Met Side and rear yard setback 5 feet N & S, 5 feet W (existing structure) Building Height 35 feet 18 feet  Met Maximum Lot Coverage 60% 44%  Met Driveway Surfacing Concrete/asphalt Concrete  Met Drive Aisle Width 24 feet 28 feet  Met Parking 2 spaces 3 spaces  Met Landscaping & Screening 6 foot privacy fence 8 foot privacy fence  Met Mechanical Equipment Existing Existing  Met Screening Trash Bin Screening Required for dumpsters Not identified  Not Met Exterior Lighting Existing Existing  Met Access Existing Existing  Met

DEVELOPMENT REVIEW: A Development Review Committee meeting was held on July 24, 2018. The Planning Department had the following comments (no other comments were received):

PLANNING AND DEVELOPMENT COMMENTS [Amy Allison]

• Condition of Approval - Property shall comply with Sec. 27-912 Performance Standards for Industrial Use. Non- compliance will result in notification and potential conditional use permit revocation. • Condition of Approval - Property shall comply with Sec. 27-917 Salvage Yards and Motor Vehicle Graveyards, including but not limited to erection of a six foot solid fence built to meet the standards of the zoning ordinance. A fence permit will be required. In addition, all gates shall be six foot with solid materials. • Condition of Approval - One van-accessible ADA space shall be required. The space shall be a minimum of 15 feet wide and 18 feet deep with the required signage posted. A wheel guard shall be required.

PUBLIC COMMENTS: On July 16, 2018, notification was made to the 17 owners of property surrounding the site. No comments were received.

CUP18-000005 PLANNING COMMISSION STAFF REPORT SALVAGE YARD, 316 SPENCER ST 8/14/2018 HEARING DATE

ZONING MAP:

COMPREHENSIVE PLAN LAND USE MAP:

CUP18-000005 PLANNING COMMISSION STAFF REPORT SALVAGE YARD, 316 SPENCER ST 8/14/2018 HEARING DATE

PHOTOGRAPHS OF PROPERTY:

CUP18-000005 PLANNING COMMISSION STAFF REPORT SALVAGE YARD, 316 SPENCER ST 8/14/2018 HEARING DATE

SITE PLAN:

EXHIBITS: A. Staff-Recommended Conditions of Approval

6 EXHIBIT A

CUP18-000005 | 316 Spencer St. | Salvage Yard Staff-Recommended Conditions of Approval

Conditional Use Permit Conditions 1. This conditional use permit shall only be used for a salvage yard to be located at 316 Spencer St. 2. Property shall comply with Sec. 27-912 Performance Standards for Industrial Use. Non- compliance will result in notification and potential conditional use permit revocation. 3. Property shall comply with Sec. 27-917 Salvage Yards and Motor Vehicle Graveyards:

The use shall be conducted wholly within a noncombustible building or within an area surrounded by a solid fence or wall with a minimum height of six feet and a maximum height of 10 feet. Such fence or wall shall surround the exterior portions and screen the use on all sides. Said fence or wall shall consist of: a. All approved solid fence materials in Sec. 27-907 of these regulations, and any accepted fencing materials commonly used in the fencing industry; b. Said fence or wall shall not include chain link, chain link with slats, or other materials that do not meet the definition of a solid fence or are not specified as an approved material in Sec. 27-907 of these regulations; c. Said fence or wall shall be uniform in height, material and painted or stained a uniform neutral color, and shall be so maintained by the owner as to ensure maximum safety to the public and obscure items being stored or salvaged from view of the neighborhood; d. Such fence or wall shall be constructed in accordance with all other applicable provisions of these regulations, shall be erected in a safe manner and in accordance with the building codes, and shall be properly maintained; e. Said fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No salvaged materials, junk, motor vehicles, appliances or scrap materials shall be piled or stacked so as to exceed the height of the enclosing fence or wall. Exterior storage of salvaged materials shall not extend or be visible above the height of the fence or wall; and f. All fence entrance gates must be solid and meet the specifications of this section. Entrance gates must be kept closed when not being used to enter or exit the salvage storage yard area. 3. No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, in the front yard or within the public right-of-way. 4. Burning of paper, trash, junk, scrap metal or other materials shall be prohibited. 5. All such operations shall be in compliance with all statutes and regulations of the State of Kansas and these regulations.

4. One van-accessible ADA space shall be required. A wheel guard shall be required.

Standard Conditions of Approval 1. Each standard parking space shall be at least 9 feet by 18 feet in size; 2. Each van-accessible parking space shall be 16 feet by 18 feet in size with at least 5 feet of the width dedicated as an access aisle; 3. Each accessible parking space shall be marked with a sign at the end of the space. The bottom of the sign must be a minimum of 5 feet above the ground. A paved, wheelchair-accessible route shall be provided from each accessible space to an accessible building entrance; 4. All parking spaces shall be striped; 5. Exterior lighting must be shaded from adjacent residential properties as required by Section 27- 909 of the Hutchinson City Code; EXHIBIT A

6. A sign permit shall be obtained prior to installation of any signs. No sign approval is hereby intended or conferred; 7. All Dumpsters must be screened from the Right-of-Way. 8. All site improvements, to include striping and accessible parking hall be installed in accordance with the approved plans and inspected by the City of Hutchinson Planning & Development Department prior to sign off on the Occupancy Permit. Please call 620-694-2639 to arrange for an inspection. ITEM 4B

Planning Commission Staff Public Hearing: August 14, 2018 Report

DATE: July 20, 2018

TO: Hutchinson Planning Commission

FROM: Amy Allison, AICP Senior Planner

THROUGH: Jim Seitnater Director of Planning & Development

SUBJECT: ZA17-000001 Proposed Zoning Ordinance Amendments: Table of Land Use Categories, Zoning Districts, R-6 Infill Residential District, & Definitions

REQUEST: Request for Planning Commission public hearing and recommendation to City Council of proposed amendments to the City of Hutchinson Zoning Regulations pertaining to the Table of Land Use Categories, Zoning Districts and Definitions

Staff Recommendation: Staff recommends approval of the proposed amendments. See Exhibits A through C.

Motion: Motion to recommend (approval, modification and approval, tabling and returning to staff for further work, denial) to City Council of proposed changes to the City of Hutchinson Zoning Regulations pertaining to the Table of Land Use Categories, Zoning Districts and Definitions

COMPREHENSIVE PLAN CONFORMANCE: The 2017-2037 Comprehensive Plan contains the following goals, strategies and narrative pertaining to the table of land use categories:

Goal:

G.1.7.a. Hutchinson has a friendly and predictable development process that generates attractive developments.

Strategies:

S.1.7.a.1. Revise the City’s zoning ordinance to reduce the number of uses to broad use categories. S.1.7.a.2. Revise the City’s zoning ordinance to reduce the number of uses requiring special permitting and to include mitigation measures for as many uses a possible as part of the regulations.

Comprehensive Plan Narrative: 1. Table of Land Use Categories. When the City adopted the 2011 zoning regulations, a table containing more than 300 land use categories was included. Despite the myriad of uses, applicants frequently propose uses that are not contained in the land use table. Due to the narrowness of the list, it can be difficult even finding a similar use and

1 of 4 ZA18-000001 | Zoning Amendment Public Hearing PC Meeting of 8/14/2018 this can lead to conflicts with applications. The table is also not internally consistent. Retail sales, for example, are classified according to what product is sold, not the size of the store or potential impacts. 2. Public Hearings. The 2017 zoning regulations contain 281 uses that require public hearings prior to approval. Under state statute, public hearings must provide a 20-day notice in the newspaper and to surrounding property owners. A good ordinance can minimize the need for special permitting, reduce staff workload and, most importantly, speed development. Special permitting would then only be needed for the most hazardous use types.

Flowchart for obtaining a Conditional Use Permit

BACKGROUND: Table of Land Uses & Definitions In February 2011, the City of Hutchinson adopted new Zoning Regulations, including the current Table of Land Use Categories. The table has more than 300 classifications of uses and has proven to be internally inconsistent, as well as cumbersome to use. In Fall 2017, Planning Staff held a Study Session with City Council to discuss updating the Table and outlined the proposed process. City Council endorsed moving forward.

A steering committee comprised of Planning Commissioners and a representative from the Chamber of Commerce provided oversight and input for the process. Meetings were held, as follows:

Steering Committee Members: Tommy Hornbeck, Daryl Peterson, Valerie Roberts-Ropp, Debra Teufel Meeting Date Topic 12/19/2018 Residential Use Table 1/17/2018 Commercial Use Table – Part One 3/6/2018 Commercial Use Table – Part Two 3/28/2018 Industrial & Other Uses

Development Review Committee Members: Amy Allison, Tony Arpin, Aaron Barlow, Paul Brown, Michael Cain, Brian Clennan, Bruce Colle, John Deardoff, Meryl Dye, Jennifer Lang, Trent Maxwell, Jana McCarron, Jeff Peterson Meeting Date Topic 1/30/2018 Residential Use Table 2/13/2018 Commercial Use Table – Part One 3/13/2018 Commercial Use Table – Part Two 4/24/2018 Industrial & Other Uses 2 of 4 ZA18-000001 | Zoning Amendment Public Hearing PC Meeting of 8/14/2018

Planning Commission Meeting Date Topic 6/26/2018 Study Session

Other Sean Thomas & Justin Combs – Parks Uses – 3/28/2018

R-6 Residential Infill Zoning District In 2015, the City of Hutchinson and the Hutchinson Land Bank sponsored an Infill Development Study by graduate students from the University of Kansas College of Architecture. The outcome of the study identified potential uses for vacant land, primarily south of 11th Avenue, as well as some conceptual designs for residential infill projects. During the 2017-2037 Comprehensive Plan, reducing regulatory barriers to infill development was identified as a strategy for 2017. Based on the information provided by the Infill Development Study and further research by Staff, an implementation plan was created to address regulatory constraints to rehabilitating infill lots. Barriers have been identified and recommendations are provided in the Implementation Plan (Exhibit D). Based on comments received during the review of the Plan, a zoning district has been created and the area identified for adoption that addresses the issues of infill development for residential properties, also known as the R-6 Residential Infill Zoning District.

Important meeting dates for the development of the Infill Study Implementation Plan include:

Infill Study Steering Committee Members: Todd Carr, Tommy Hornbeck, Mark Eaton, Dan Garber, Ryan Patton and Lucas Soltow Meeting Date Topic 10/27/2018 Chapters 1-4 12/5/2018 Chapters 5-8 1/10/2018 Proposed R-6 Tour

City Commission Review Meeting Date Topic 1/9/2018 Hutchinson Land Bank 1/30/2018 Development Review Committee 1/31/2018 Housing Commission 2/6/2018 Planning Commission 2/20/2018 City Council

Town Hall Meetings (Public Review) Meeting Date Topic 4/10/2018 Southeast District 4/24/2018 Southwest District

ANALYSIS: Table of Land Uses & Definitions Zoning protects the health, safety, welfare, morals and aesthetics of the community. The practice of basing zoning regulations on uses is known as Euclidian Zoning. Like uses are classified as Residential, Commercial, Industrial, etc. Most communities in the United States use Euclidian Zoning because it is relatively easy to understand and is what was included in the Standard Zoning Enabling Act passed in 1926. The pitfalls of Euclidean Zoning are that it can be rather rigid and inflexible. Euclidean Zoning has a tough time dealing with mixed-uses, which was the way many cities

3 of 4 ZA18-000001 | Zoning Amendment Public Hearing PC Meeting of 8/14/2018 traditionally developed. If your use is not allowed in the zone, you must rezone your property. And, for the most part, Euclidean Zoning regulations ignore design or give it a brief nod. To address this issue, some cities have adopted zoning regulations that stress design (form) over use (function), also known as Form-Based Codes. While the proposed changes are not considered Form-Based Codes, they attempt to combine the best parts of Euclidean zoning (separation of incompatible uses) with the flexibility found in form-based codes.

The proposed use tables include Design Standards for many of the uses involved. Exhibits A contain the proposed Use Tables.

In addition to allowing uses in more locations with design requirements to mitigate any negative impacts, the definitions chapter has been updated to define any new uses added. Uses or terms that have been removed from the table have been removed from the definition chapter. See Exhibit B.

R-6 Residential Infill Zoning District As mentioned above, the R-6 Residential Infill Zoning District was recommended in the Infill Implementation Plan. The Plan outlined the zoning district standards including setbacks, lot coverage, density, allowing Accessory Dwelling Units and other items. The district standards can be found in Exhibit A. A map identifying the area in which the R-6 Zoning District is proposed to go has been included in Exhibit E.

The Plan also promoted changing the interpretation for metal accessory structures. Sec. 27-314.G.8. requires that all “exterior building materials and colors shall be similar to the principal building and shall be commonly associated with residential construction.” The Planning Department’s interpretation has been that metal would not be permitted if the principal structure was not constructed of metal. Requests for metal accessory structures at the front desk are very common and based on the overwhelming support of metal structures during the Town Hall meetings the City should amend its interpretation of this regulation. See Exhibit F.

Sec. 27-913 & 915 An ordinance repealing Sections 27-913 and 27-915 (Exhibit C) have been included due to those design requirements being included in the proposed Table of Land Use revisions.

DEVELOPMENT REVIEW COMMITTEE: Several Development Review Committee meetings were held to review the proposed use tables. See Background.

NEXT STEPS: The following schedule is proposed.

August 21, 2018 – City Council Adoption

EXHIBITS: A – Redline - Zoning Districts B – Redline - Definitions C – Redline - Amendments to Supplemental Regulations D – Infill Development Implementation Plan E – Proposed R-6 Rezone Map F – Redline – Accessory Structures

4 of 4 EXHIBIT A

Article IV. Zoning Districts

Sec. 27-401 Zoning Districts.

The following zoning districts are established in the City of Hutchinson as provided by K.S.A. (1991 Supp.) 12-741, et. seq. The City herein establishes regulations that restrict the location, bulk, density and use of buildings and land within each zoning district. The designation of the zoning districts and development of the associated regulations were based on surveys and studies of past and present uses of property and upon the City's Comprehensive Plan. Zoning districts shall be designated as follows:

TA Transitional Agricultural Rural District R-1 Single Household Suburban Residential District R-2 Single Household Residential District R-3 Moderate Density Residential District R-4 Residential Neighborhood Conservation District R-5 High Density Residential District R-6 Infill Residential District MH Manufactured Home Subdivision District MP Manufactured Home Park District P/I Public and Institutional District C-1 Office Commercial District C-2 Neighborhood Commercial District C-3 Outdoor Commercial District C-4 Special Commercial District C-5 Downtown District CR Commercial/Residential District EN Established Neighborhood District I-1 Light Industrial District I-2 Industrial District I-3 Heavy Industrial District AE Adult Entertainment District PUD Planned Unit Development District A-I Airport Industrial Mixed Use District

Overlay Districts GATE Gateway Corridor Overlay District AH Airport Hazard Overlay District HP Historic Preservation Overlay District FP Floodplain Overlay District

Sec. 27-402 Zoning Map.

A. The boundaries of zoning districts shall be recorded on the zoning map, which is hereby made a part of these regulations. In case uncertainties arise regarding boundaries on the zoning map, it shall be construed that boundaries are intended to follow the: 1. City limits; 2. Centerlines of roads, streets, alleys or public rights-of-way; 3. Lot lines, parcel boundaries or property lines; 4. Section, half-section or quarter-section lines; 5. Centerlines of the main tracks of railroad lines; 6. Centerlines of creeks, streams, rivers or drainage channels; or 7. Specific distances from a street line or other physical feature, when so indicated on the map.

B. The zoning map and all notations, dimensions, references and symbols shown thereon pertaining to the zoning districts shall be as much a part of these regulations as if fully described herein and shall be filed as part of these regulations. The zoning map shall be available for public inspection in the Hutchinson Planning and Development Department, and any later alterations of the zoning map adopted by amendment as provided in these regulations shall be filed and made available for public reference. Any property not specifically classified on the zoning map shall be classified in a timely manner.

Sec. 27-403 General Rules Governing All Zoning Districts.

Except as hereinafter provided:

A. Land shall only be used for the purposes permitted in the district in which it is located.

B. Buildings shall be erected, converted, enlarged, reconstructed, moved or structurally altered, and any building or part thereof shall be used according to the regulations of the district in which the building is located.

C. Buildings erected, converted, enlarged, reconstructed, moved or structurally altered shall comply with the yard, off-street parking, exterior lighting, height, off-street loading, parcel area, dimensions and other regulations herein established for the district in which the building is located.

D. If a use in any structure is hereafter changed to another use then the new use shall comply with these regulations.

E. Those uses that would otherwise be allowed in a zoning district in an existing building but which cannot meet one or more of the following development standards and conditions shall be permitted with an administrative exception. Exceptions shall be limited to the minimum amount needed to facilitate redevelopment:

1. Landscaping – Existing, developed properties that have no room for placement of additional landscaping. 2. Parking – Existing, developed properties where the newly proposed use has a lesser or the same parking standard as the former use of the property.

2 3. Paving – Existing, developed properties where the existing parking lot is unpaved shall be allowed to be paved with asphalt millings with slurry seal rather than concrete or asphalt, which is the requirement for new construction. 4. Screening of mechanical equipment – Existing, developed properties which have unscreened mechanical equipment shall not be required to screen mechanical equipment. 5. Dumpster screening – Existing, developed properties with unscreened dumpsters shall not be required to screen dumpsters as long as the dumpster is not readily visible from the public right-of-way. D.

Sec. 27-404 Uses Permitted by Right, Uses Permitted by Conditional Use Permit, Uses Permitted by Special Use Permit and Uses Not Permitted.

In any given zoning district, some land use types are allowed by right, some uses are permitted pursuant to meeting design standards, and some land use types are allowed after a conditional use permit or special use permit is issued. Buildings, structures, land and premises shall be used and buildings and structures shall be hereafter erected in accordance with the use types allowed in each zoning district. Land use types permitted by right, permitted pursuant to meeting design standards, land use types permitted by conditional or special use permit and land use types not permitted in each zoning district are listed in Sec. 27-406, Table of Land Use Categories, which is made a part of these regulations.

Although a land use may be permitted in a specific district, land uses are permitted to locate on a parcel only if they fully comply with all other applicable sections of these regulations.

Sec. 27-405 Table of Land Use Categories Explanation.

The Table of Land Use Categories found in Sec. 27-406 of these regulations is a listing of uses that may be allowed in each of the zoning districts. Land use types are grouped into specific land use categories in the table. The land use categories are later listed in each of the zoning district sections in lieu of specific use types. If a land use category is listed in a specific zoning district section, this does not mean that every use in that land use category is allowed. One must refer to the specific use types in the table to determine whether or not a particular use is permitted within a specific zoning district.

The various uses within Sec. 27-406 are classified as: permitted (P); allowed pursuant to meeting established design standards (D); allowed upon approval of a conditional use permit (C); allowed upon approval of a special use permit (S); or not allowed (-). (N).

Special use permits are heard and decided by the Board of Zoning Appeals. Conditional use permits are heard by the Planning Commission, who makes a recommendation to the City Council, who in turn makes the final decision. Design standards and those uses listeds permitted by right are reviewed administratively by City Staff.

3 The table in Sec. 27-406.D. also lists accessory uses which may be allowed or not allowed in each zoning district. The list of accessory uses can be found at the end of the table.

Uses of land not listed in the Table of Land Use Categories are not necessarily excluded. The zoning administrator shall be empowered to make interpretations of land use categorical similarity.

Exception: The Airport Industrial Mixed Use District (A-I) is not included in the Table of Land Use Categories. Please refer to §27-432 for the permitted, permitted by special use permit and permitted by conditional use permit uses associated with the A-I district.

4 `

Sec. 27-406 Table of Land Use Categories.

Use Category Use Type ZONING DISTRICTS

TA R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE

Agricultural Uses Agriculture Agricultural buildings for general agricultural use P P ------P P P - and Related Agricultural chemicals, fertilizer, anhydrous C ------C C C - Sales and ammonia storage and distribution Services Agricultural feed mixing and blending, seed sales and P ------P P P - grain handling operations Agricultural implement and vehicle sales and service C ------P S - - P P P - Agricultural processing C ------C C C - Agricultural research farms C ------Agricultural sales and services P ------Community gardens P P P P P P P P P P P P P P P P P P P - Equestrian centers and stables P ------Farm wineries C ------General agriculture P P ------P P P - Horses and other noncommercial livestock on P P ------residential lots Residential Uses Household Ground floor housing in a commercial building ------C - - - - C C - Living Manufactured homes, Residential-design P P P P P P P - P C C C C C - C - - - - Manufactured homes, Single-wide or Double-wide ------P P ------Manufactured home parks ------P ------Multiple family dwellings - - - - C P - - P P P P P P P S - - - - Single family attached dwellings / Townhomes - - - C P P - - P P C C C C C C - - - - Single family detached dwellings P P P P P P P - P C C C C C - C - - - - Two family dwellings / Duplexes / Twin homes - - C C P P - - P C C C C C C - - - - - Upper story housing ------C - - - - C P - - - - - Residential Adult care homes C C C C C C - - P P C C C C C - - - - - Commercial/ Adult family homes C C C C C C - - P P C C C C C - - - - - Institutions Assisted living facilities C C C C C C - - P P S S S S S S - - - - Bed and breakfasts C - C C C C - - P C C C C C C - - - - - Boarding and rooming houses C - C C C C - - P C C C C C C - - - - - Convents C - C C C C - - P P C C C C C - - - - - Dormitories C C C C C C - - P P C C C C C - - - - - Emergency shelters C - C C C C - - P C C C C C C - - - - - Fraternity and sorority houses C C C C C C - - P P C C C C C - - - - - Group boarding homes C C C C C C - - P C C C C C C - - - - - Hospices C C C C C C - - P S S S S S S S - - - - Monasteries C C C C C C - - P P C C C C C - - - - - Nursing homes C C C C C C - - P C C C C C C - - - - - Retirement homes C C C C C C - - P P S S S S S S - - - - Transitional housing C C C C C C - - P C C C C C C - - - - - Institutional and Civic Uses 5

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Community Animal shelters (public) C ------C P C C C C C C P P P - Services and Bus/transit garages C ------P C C C C C - P P P - Civic Uses Cemeteries P ------P ------Churches, synagogues, temples and similar uses P C C C C C C C P P P P P P P C - - - - Columbarium P ------P P S S S S S - - - - - Community centers and buildings P - - - C C C C P P P C C C C C - - - - Fire and rescue facilities P C C C C C C C P P P P P P P P P P P - Fraternal organizations C - - - C C - - P P P P P P P C S S S - Governmental offices and necessary secondary uses P ------P P P P P P P P P P P - Hospitals C ------C P P P P P P C - - - - Law enforcement centers including office spaces and C ------P P P P P P P P P P P - holding areas Libraries and museums P ------P P P P P P P P C C C - Planetariums P ------P P P P P P P P - - - - Senior citizen centers P C C C C C C - P P P P P P P P - - - - Treatment, Correctional facilities (public) ------C C C C C C - - - - - Rehabilitation Drug and alcohol rehabilitation centers ------C C C C C C - - - - - and Half-way houses - C C C C C - - - C C C C C C - - - - - Incarceration Jails ------C ------Facilities Juvenile detention centers ------C ------Prisons ------C ------Day Care and Adult day care facilities C C C C C C C - C P P P P P P P - - - - Educational Child care centers S - - C C C S - S S S S S S S - S S S - Institutions Colleges and universities C C C C C C - - C P C C C C C - - - - - Licensed day care homes and licensed group day care S C C C C C S S S S S S S S S S S S S - homes (as a principal use) Licensed day care homes and licensed group day care P P P P P P P P P P P P P P P P P P P - homes (as a home occupation) Preschools C C C C C C S - S S S S S S S S - - - - Public and private schools (K-12) C C C C C C - - C P C C C C C C - - - - Trade, career and technical schools - C C C C C - - C P C C C C C C C C C - Public Parks Arboretums P ------C P ------and Open Athletic fields P C C C C C C C C C C C C C C C C C C - Space Dog parks (not racing) P C C - - - - C C P C C C C C C C C C - Nature centers P ------P ------Public parks, trails, picnic areas and playgrounds P P P P P P P P P P C C C C C C C C C - Public pools and water parks P C C C C C C C C P C C C C C C - - - - State Fair grounds ------P ------State Parks P P P P P P P P P P P P P P P P P P P - Public and Amateur radio towers and antennae taller than 50 feet S S S S S S S S S S S S S S S S S S S S Private – see Sec. 27-922 Utilities Amateur radio towers and antennae 50 feet and below P P P P P P P P P P P P P P P P P P P P – see Sec. 27-922 Natural gas depots C ------Oil exploration and extraction C ------6 Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Public works facilities and related storage and C ------P C C C C P C P P P - maintenance garages Radio and tower transmitters (no offices) C C C C C C C C C C C C C C C C C C C C Telecommunication Facilities C C C C C C - - C C C C S S C C P P P C Wind energy conversion systems (small) – see Sec. C C C C C C C C C C C C C C C C C C C C 27-923 Wind energy conversion systems (commercial/utility C ------C C C C C C C C C C C grade) – see Sec. 27-924 Wireless telecommunication facilities and equipment Refer to Section 27-921, Wireless Communication Facilities. – see Sec. 27-921 Retail, Services and Commercial Uses Adult Uses Adult entertainment ------C Animal Care Animal boarding, animal shelters and kennels P ------C - - S P P S - P P P - Pet cemeteries S ------P P P - Pet crematoriums S ------P P P - Pet grooming P ------C - - P P P P S P P P - Pet training P ------C - - S S S S S P P P - Veterinary clinics and hospitals P ------C - C C C C C C P P P - Business and Building maintenance and cleaning services S ------S - - P P P P P P P P - Household Copying, printing, mailing and packaging services ------S - - P P P P P P P P - Services Lawn, garden and yard maintenance services S ------S - - - P - - - P P P - Locksmiths and key duplication ------S - - P P P P P P P P - Pest control services S ------S ------P P P - Small appliances and household equipment repair S ------S - - - P P P P P P P - Well drilling or septic tank cleaning services S ------S ------P P P - Financial Banks ------P - P P P P P P - - - - Services Brokerages ------P - P P P P P P - - - - Credit unions ------P - P P P P P P - - - - Insurance offices ------P S P P P P P P S S - - Financial advisory services ------P S P P P P P P S S - - Specialty loan services ------P - P P P P P P - - - - Food And Banquet and reception facilities ------S - P P P P P P - - - - Beverage Brew pubs and micro-breweries ------S S S P - - - - - Services Catering services ------P - P P P P P P - - - - Class A clubs C - - - C C - - P P C C P P P S S S S - Class B clubs ------C S P P C - - - - Coffee houses and coffee shops ------P - - P S P P S - - - - Coffee kiosks ------S S P P S - - - - Demonstration kitchens (not catering) ------P - S P P P P - - - - - Donut and pastry shops ------P - - P P P P S - - - - Drinking establishments, taverns and bars ------S S P - - - - - Restaurants with drive-in service or drive-through ------S S S S S - - - - windows Restaurants with no drive-in service and no drive------P P P P S - - - - through windows 7

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

General Antiques and collectibles stores ------P - - P P P P P - - - - Commercial Art galleries ------P - P P P P P P - - - - Arts and crafts stores ------P - - P P P P P - - - - Artisan shops ------P - - P P P P P - - - - Bicycle sales and services ------P - - P P P P P - - - - Book stores, and music and musical instrument stores ------P - - P P P P P - - - - Bridal sales and services ------P - - P P P P P - - - - Camping equipment sales ------P - - - P P P - - - - - Candy stores, candy makers and kitchens ------P - - P P P P P - - - - Clothing, accessories, and costume sales and rental ------P - - P P P P P - - - - Computer hardware and software sales ------P - - P P P P P - - - - Crematoriums C ------C C C C - P P P - Dance studios and schools ------P P P P P P P P - - - - Department stores ------C P P - - - - - Drug stores and pharmacies ------C - - P P P P C - - - - Dry cleaners ------C - - P P P P C P P P - Electronics and appliances sales and service ------C - - P P P P - - - - - Equipment sales and rental businesses (indoors) ------C - - P P P P - - - - - Exercise equipment sales ------P - - P P P P - - - - - Fabric and sewing supply stores ------P - - P P P P P - - - - Firearms and ammunition sales ------C C C - - - - - Florists ------P - - P P P P P - - - - Food store, including bakeries, meat lockers, ------P - - C P P P C - - - - butchers, deli, and specialty markets, but not a full- service grocery Funeral homes and mortuaries C ------P P P C C P P P - Garden center C ------C - - - P P P - - - - - Gift stores, novelty and souvenir stores ------P - - P P P P P - - - - Glassblowers ------P P P P S P P P Grocery stores and supermarkets ------C - - C C P P C - - - - Hair salons, barber shops, beauty salons and nail ------P - C P P P P P - - - - salons Hardware stores ------C - - C P P P C - - - - Heating and cooling sales and services ------C - - - P P P - P P P - Home furnishings stores, including paint and wall ------P - - - C P P C P P P - coverings, lamps and lighting, flooring materials and draperies Kitchenware sales ------P - - P P P P P - - - - Lawn and garden equipment sales and service C ------C - - - P P P - - - - - Martial arts studios and schools ------P P P P P P P P - - - - Massage therapy, health spas and day spas ------P - C P P P P P - - - - Newspaper and magazine sales stands P ------P P P P P P P P P P P - Office supplies and furniture sales ------C - - P P P P - - - - - 8

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Pawn shops with no outdoor sales or storage ------P - - - P P P - - - - - Pet stores ------C - - P P P P C - - - Photographic equipment and supplies ------P - - P P P P - - - - - Pottery stores ------P - - P P P P - - - - - Religious books, cards and articles stores ------P - - P P P P P - - - - Secondhand stores, thrift stores and consignment ------P - - P P P P - - - - - stores Self-service laundry and Laundromats ------P - - C C P P C - - - - Shoe stores and shoe repair ------P - - P P P P P - - - - Sporting goods stores ------P - - P P P P - - - - - Tattoo artists and body piercing ------P - - P P P P P - - - - Toy and game stores ------P - - P P P P P - - - - Upholstery shops ------P - - C P P P C P P P - Video, movie and game rental and sales ------P - - P P P P P - - - - Warehouse club sales ------C P P - - - - - Specialized Billiard halls ------P P P - - - - - Commercial Brick and tile sales ------C - - - P P P - P P P - Building materials sales ------C - - - C C - - P P P - Bus and train depots including ticket sales ------P - - C C C - P P P - Commercial greenhouses ------C - - - C C C - P P P - Concrete and cinder block sales ------C - - - C C - - P P P - Convenience stores ------C - - - C C C - C C C - Drive-in theaters ------P C - - P P P - Equipment sales and rental (outdoors) ------C C C - P P P - Fencing dealers ------C - - - C C C - P P P - Gasoline filling stations ------C C C - C C C - Hot tub and spa sales ------C - - - P P P - P P P - Liquor stores ------P P P - - - - - Lumber yards (indoor or outdoor) ------C C - - P P P - Manufactured home sales ------C C - - P P P - Monument sales ------P P C - P P P - Motels and hotels ------C C C P - - - - - Movie theaters ------C C C - - - - - Nurseries and related retail sales ------C C C - P P P - Pawn shop with outdoor sales or storage ------C C ------Performance theaters and auditoriums ------C C P - - - - - Swimming pool sales ------P P P - P P P - Taxi stands ------P P P P P - P P P - Tobacco stores ------P P P P C - - - Truck stops ------C C - - C P P - Medical Uses Chiropractor offices C ------P S P P P P P P P P P - Dental offices including orthodontics C ------P S P P P P P P P P P - 9

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Doctor offices (medical) C ------P S P P P P P P P - - - Medical clinics including general practice and C ------P S P P P P P P P P P - specialty care Rehabilitation facilities including out-patient services C ------P S C C P P P P P P P - Office Uses Accountant and investment counseling ------P S P P P P P P S S S - Business offices and call centers ------P S P P P P P P S S S - Consultant offices ------P S P P P P P P S S S - Contractors’ offices with no equipment storage ------P S P P P P P P P P P Counselors, psychiatrists, psychologists and social ------P S P P P P P P S S S - workers offices Design offices including architects, engineers, ------P S P P P P P P S S S - community planners, landscape architects, land surveyors and interior designers Lawyer/attorney offices ------P S P P P P P P S S S - Insurance and real estate agencies and offices ------P S P P P P P P S S S - Optical sales and services ------P S P P P P P P S S S - Photographic studios C ------P S P P P P P P S S S - Radio and television studios (not transmitter towers) C ------C S S S P P P C S S S - Utility and telephone company offices ------P - S S P P P C S S S - Recreational Amusement parks C ------C C C - - - - - Commercial Bingo parlors ------C - - C P P P - - - - - Bowling alley ------C - - - C P P - - - - - Commercial stables C ------C C C - Commercial swimming pools ------C - - C C C C - - - - - Public and private golf courses C ------C C - C C C C C - - - - Golf driving ranges C ------C C - C C C C - - - - - Gun clubs C ------C C C - Gymnasiums (other than school) ------C C - C P P P C C C C - Health clubs and spas including YMCA and YWCA ------C C - C P P P C C C C - Miniature golf courses C ------C - - C P P C C - - - - Race tracks C ------C ------P P P - Recreational vehicle parks (RV parks) ------C - - - C C - - Roller and ice skating rinks ------C - - C C P C C C C C - Sports arenas C ------C - - - C C - C C C - Stadiums C ------C - - - C C - C C C - Video arcades ------P - - P P P P C - - - - Vehicular Boat dealers, sales, rental and leasing ------P P C - P P P - Commercial Motor vehicle repair, painting and body shops ------C - - - C C C - C C C - Motor vehicle dealers, sales, rental and leasing ------C - - - P P P - P P P - Motor vehicle washes, self-services or automatic ------C - - - C C C - C C C - Motorcycle dealers, including moped and scooters ------P P P - P P P - Recreational vehicle sales and rentals ------P P C - P P P -

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Industrial Uses Research and General research facilities ------C ------C C P - Development Scientific research laboratories ------C ------C C P - Warehousing Bulk materials or machinery storage (fully enclosed) ------P - - - - C C - P P P - and Storage Bus garages and bus repair shops ------C - - - C C - - C C P - Self-service storage facilities (mini warehouses) ------P - - - - C C - P P P - Storage facilities and outdoor storage yards ------S - - - - C C - P P P - Truck terminals/motor freight terminals ------C C P - Vehicle, trailer, recreational vehicle and boat storage ------S - - - C C C - P P P - Warehouses and distribution centers ------S - - - - - C - C P P - Wholesale businesses and storage ------S - - - - C C - C P P - Contractors, Carpenters ------S - - - - - C - P P P - Contractor Carpet and rug cleaning plants ------S ------P P P - Yards, Storage Carport and storage building sales ------S - - - C C - - P P P and Supply Contractors’ offices with indoor equipment storage ------S - - - P P P - P P P - Contractors’ offices with outdoor equipment storage ------S - - - - C - - P P P - yards (excluding heavy machinery) Contractor’s storage yards (excluding asphalt or ------S ------P P P - concrete mixing) Non-commercial garages and hobby shops ------P ------P P P - Trade shops (including cabinet makers) ------P - - - C C C - P P P - Large Asphalt and concrete contractors ------C C P - Contracting Concrete products manufacturing ------C C P - and Materials Excavating contractors ------C C P - Manufacturing Highway and street construction companies ------C C P - Manufactured home construction ------C C P - Prefabricated buildings and components ------C C P - manufacturing Wrecking and demolition contractors ------C C P - Food Food and beverage products processing and ------P P P - Processing and manufacturing, excluding breweries Manufacturing Clothing and Carpet, rug and mat manufacturing ------C P - Textile Cleaning of rugs, carpets and mats ------C P - Manufacturing Clothing manufacturing ------C - - C P - Dyeing of garments, rugs and other textiles ------C P - Shoes and footwear manufacturing ------C - - C P - Textile mills ------C P - Yarn, threads and cordage manufacturing ------C P - Mining and Brick, firebrick and clay products manufacturing ------C - Excavation Monument and architectural stone manufacturing ------C - Quarries ------C - Salt mining ------C - 11

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Sand and gravel extraction ------C - Sand, lime and stone products manufacturing ------C - Machinery and Agricultural or farm implement manufacturing ------C - Vehicle Automobile, truck trailer, motorcycle, motor vehicle ------C - Manufacturing and bicycle assembly Boat manufacturing ------C - Farm machinery manufacturing ------C - Trailer, carriage and wagon manufacturing ------P - Metal Metal extrusion, rolling, fabrication, stamping and ------C P - Processing, forming Stamping Metal products manufacturing ------C P - Metal Foundries ------C - Processing, Galvanizing or plating (hot dip) ------C - Forging, Iron (ornamental) fabrication ------C - Fabrication Metal and metal ores, reduction, refining, smelting, ------C - (Hazardous) alloying and rolling mills (non-ferrous) Steel works and rolling mills (ferrous) ------C - Structural iron and steel fabrication ------C - Welding ------C C P - Wood Basket and hamper (wood, reed, rattan, etc.) ------C P P - Products manufacturing Manufacturing Furniture manufacturing ------C P P - Lumber and millwork manufacturing ------C P P - General Aerospace, aircraft and aircraft parts manufacturing ------C P Manufacturing Appliance manufacturing ------C P P - (Low Hazard) Cosmetics and toiletries manufacturing ------C P P - Electronics manufacturing ------C P P - Firearms (but not ammunition) manufacturing ------C P P - Machinery manufacturing ------C P P - Musical instruments manufacturing ------C P P - Office machine manufacturing ------C P P - Paper, paperboard and pressed or molded pulp goods ------C P P - manufacturing Pharmaceutics manufacturing ------C P P - Photographic equipment supplies manufacturing ------C P P - Plumbing supplies manufacturing ------C P P - Pottery and porcelain products manufacturing ------C P P - Printing and publishing plants ------C - C P P - Railroad equipment manufacturing ------C C P - Shipping container (corrugated board, fiber or wire ------C P P - bound) manufacturing Solar panel manufacturing ------C P P - Sporting and athletic goods manufacturing ------C P P - 12

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Tool, die, gauge and machine shops ------C P P - Tools and hardware product manufacturing ------C P P - Toys and games manufacturing ------C P P - Vitreous enameled product manufacturing ------C P P - Wallboard, sheetrock and plaster, insulation and ------C P P - composite flooring manufacturing Wind turbine manufacturing ------C P P - General Abrasive wheels, stones, paper, cloth and related ------C - Manufacturing products manufacturing (High Hazard) Adhesives manufacturing ------C - Animal slaughtering, processing and packing ------C - Biofuels manufacturing ------C - Boiler manufacturing ------C - Breweries and distilleries ------C - Fertilizer manufacturing (organic or inorganic) ------C - Glass products manufacturing ------C - Grain elevator and storage facilities C ------C - Junkyards ------C C - Landfills ------C - Livestock feed preparation ------C - Motor testing (internal combustion motors) ------C - Motor vehicle graveyards and impoundment lots ------C C - Oilcloth, oil-treated products, and artificial leather ------C - manufacturing Oils, shortenings and fats (edible and non-edible) ------C - rendering, processing and storage Pharmaceutical products manufacturing ------C - Petroleum, gasoline or lubricating oil refining and ------C - wholesale storage Petro chemical manufacturing ------C - Plastic materials and synthetic resins manufacturing ------C - Railroad switching and classification yards, ------C - roundhouses, repair, and overhaul shops Recycling centers ------C C - Rendering and storage of dead animals, offal, garbage ------C - or waste products Roofing materials, building paper and felt ------C - manufacturing Rubber products, tire and tube manufacturing and ------C - vulcanizing Salvage yards, scrap yards and salvage operations ------C C - Storage battery manufacturing ------C - Waste recovery facilities – commercial, industrial and ------C - residential 13

Use Category Use Type ZONING DISTRICTS R-1 R-2 R-3 R-4 R-5 MH MP EN P/I C-1 C-2 C-3 C-4 C-5 CR I-1 I-2 I-3 AE TA

Wood preserving treatment ------C - Accessory Uses Barbeque grills and barbecue pits P P P P P P P P P P P P P P P P P P P - Barns P P ------Collection bins, free-standing ------P - - P P P - P P P - Decks, patios, pergolas and gazebos P P P P P P P P P P P P P P P P P P P - Fuel storage P ------C ------P P P - Fuel tanks and dispensing equipment P ------P P P P P P P P P P - Garages and carports P P P P P P P P P P P P P P P P P P P P Gardens P P P P P P P P P P P P P P P P P P P - Grain storage bins P P ------Hobby activities P P P P P P P P P P P P P P P P P P P - Keeping of pets (non-commercial) P P P P P P P P P P P P P P P P P P P - Multi-modal shipping containers ------P P P - Non-commercial greenhouses P P P P P P P P P P P P P P P P P P P - Non-commercial shops (including hobby P P P P P P P P P P P P P P P P P P P - woodworking and hobby repair) Offices P ------P P P P P P P P P P P P Outdoor kitchens P P P P P P P P P P P P P P P P P P P - Parking of motor vehicles, RV’s and small trucks P P P P P P P P P P P P P P P P P P P P Playgrounds and recreation equipment P P P P P P P P P P P P P P P P P P P - Portable storage units (long-term or permanent) ------C - - - - C C - P P P - Propane tanks for household utility fuel P P P P P P P P P P P P P P P P P P P - Silos P P ------P - Stables P P ------Stock trailers and horse trailers P P ------P P P - Storage of farm materials, products and equipment P P ------P P P - Storage sheds P P P P P P P P P P P P P P P P P P P P Swimming pools, hot tubs and accessory equipment P P P P P P P P P P P P P P P P P P P - (private) Tennis courts (private) P P P P P P P P P P P P P P P P P P P -

§27‐406.A. Use Table ‐ Residential

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER USE CATEGORY Design Standards TA Specific Use C‐1 C‐3 I‐1 I‐3 C‐R and Use R‐1 R‐3 R‐4 R‐5 R‐6 MH MP C‐5 P/I C‐2 C‐4 I‐2 A‐1 E‐N Restrictions* R‐2 RESIDENTIAL HOUSEHOLD LIVING, AS LISTED BELOW: Accessory dwelling unit N D D N D N N N N N N N D N See 27‐406.A.1. Compact development / economy See 27‐406.A.2. & N N N N D D D N N N N N N N home 27‐406.A.3. Cottage court N N D D D D N N N N N N N N See 27‐406.A.4. Live/work unit N N N N N N N N S D N N S N See 27‐406.A.5. Manufactured home (residential design) D D D D D D N D S N N N S N See 27‐406.A.6. Manufactured home (certified) N N N N N N D N N N N N N N See 27‐406.A.7. Multi‐unit living N N D D D N N D D D N N D D See 27‐406.A.8. Non‐ground floor dwelling (loft) N N N N N N N N S D N N N N See 27‐406.A.9. Single‐unit living D D D D D D N D S D N N S D See27‐ 406.A.10. Two‐unit living S S D D D D N D S D N N S N See 27‐406.A.11. CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED BY FEDERAL S S S D D S N D D S N N S N See 27‐406.A.12. LAW: Assisted living S S S D D S N S S D N N S S See 27‐406.A.12. Dormitory, fraternity, sorority S S S D S S N N N D N N S N See 27‐406.A.13. Emergency Shelters D D D D D N N P P P N N P D See 27‐406.A.14 C

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements

*Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐406.A.1. through Sec. 27‐406.A.13, the provisions of this Section shall prevail. 15

27‐406.A.1. Accessory Dwelling Unit (ADU) Design Standards & Use Restrictions One accessory dwelling unit per residential zoning lot is permitted where the following design standards and use restrictions are met. Accessory dwelling units shall: a. ADUs shall be a minimum of 400 square feet and accessory principal a maximum of 960 square feet and shall not dwelling dwelling exceed 50% of the size of the principal structure. In the R‐3 District, the maximum size may be increased to 1200 square feet, but not more than 50% of the size of the principal structure.

b. be permitted only in the side or rear yards. An paved parking ADU shall not project into the front yard or into rear yard (3 spaces the required side street front yard. privacy fence minimum, unless R-6) c. be separated from adjacent residential (6 foot tall) properties by a minimum 6‐foot privacy fence Accessory Dwelling Unit. Diagram is for illustrative that meets the requirements of this Article. purposes only. d. have a minimum of one, paved off‐street parking space dedicated for the use of residents of the ADU. This parking space shall be in addition to required parking for the principal dwelling. Those parking spaces with access only from an unpaved alley shall be allowed to be gravel, in accordance with the provisions of Sec. 27‐701.C. In the R‐6 Zoning District, the parking requirement may be reduced to one per dwelling unit. e. be permitted only on zoning lots where the property owner resides in either the principal dwelling or ADU. f. be constructed of materials typically found in residential construction and compatible with the principal structure. g. have separate kitchen, sleeping, restroom and bathing facilities located within the ADU and not shared with the primary dwelling. h. meet all other setback and coverage requirements of the zoning district. i. meet the requirements of the adopted Hutchinson Residential Building Code.

27‐406.A.2. Compact Development Design Standards & Use Restrictions Compact development is permitted on residential zoning lots where the following design standards and use restrictions are met. Compact development shall: a. provide a minimum of 1 paved off‐street parking space per dwelling unit. b. be permitted to have access from a private street, as long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per lot. d. provide separate connections to City utilities from each house. Composting toilets are not permitted. e. be comprised of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood.

27‐406.A.3. Economy Home Design Standards & Use Restrictions One economy home is permitted per residential zoning lot as the principal use where the following design standards and use restrictions are met. Economy homes shall: a. be setback from the front property no farther or closer than the average of the adjacent residential properties. b. be placed on a permanent foundation and be served by City water, sewer and other utilities. Composting toilets and gray water units are not permitted. c. be a minimum of 400 square feet in area and a maximum of 800 square feet in area. Homes larger than 800 square feet shall follow the requirements of Sec. 27‐406.A.11., single‐unit residential, unless an ADU. d. provide a minimum of 1 paved off‐street parking space per unit. e. be composed of materials that are typically associated with residential construction and have an appearance that generally fits the character of the surrounding neighborhood.

27‐406.A.4. Cottage Court Design Standards & Use Restrictions Cottage court residential development is permitted on residential zoning lots where the following design standards and use restrictions are met. Cottage court development shall: a. provide a minimum of 1 paved off‐street parking space per dwelling unit. b. be permitted to have access from a private street, so long as adequate provisions are made for maintenance and access. c. be required to have a minimum of 3 dwelling units per development. Cottage Court Design. Diagram is for illustrative purposes only. 27‐406.A.5. Live/Work Unit Design Standards & Use Restrictions Live/work unit residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Live/work units shall: a. provide a minimum of 1 paved off‐street parking space per dwelling unit in addition to the required parking spaces for the commercial use. b. contain no more than one residential unit per commercial unit. c. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson’s adopted building and fire codes. d. contain separate cooking, restroom, bathing and sleeping quarters from those provided as part of the commercial use. e. maintain the character of the surrounding neighborhood.

27‐406.A.7. Manufactured Home (Certified) Design Standards & Use Restrictions Mobile homes units shall be permitted on properties where the following design standards and use restrictions are met. Mobile home units shall: a. be HUD certified with a date no older than June 15, 1976, pursuant to 42 USC 5403. b. be permitted only as part of an approved mobile home park in accordance with the provisions of §27‐414 of this Article. c. Non‐certified manufactured homes shall not be moved into the City’s zoning jurisdiction nor from one manufactured home park or subdivision to another.

27‐406.A.8. Multi‐unit Living Design Standards & Use Restrictions Multi‐unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Multi‐unit living shall: a. provide a minimum of 1 paved off‐street parking space per dwelling unit. In the R‐6 District, no more than 50% of the required parking spaces shall be permitted in the front yard. b. provide additional parking and open space, if the development exceeds 10 units, as follows: 1) provide one additional, off‐street parking space for each 30 units above 10 to accommodate employee parking. 2) provide a minimum of 200 square feet of outdoor recreational area/open space per dwelling unit unless located within 1500 feet of a public park. The open space requirement may be reduced to 100 square feet per dwelling unit for those units that are equipped with a minimum 100 square foot balcony or patio. c. contain a minimum of 3 dwelling units per zoning lot. d. In the R‐6 District, a special use permit is required if the number of units exceed 4.

27‐406.A.9. Non‐ground Floor Dwelling (Loft) Design Standards & Use Restrictions Non‐ground floor dwelling (loft) residential development is permitted on commercial zoning lots where the following design standards and use restrictions are met. Non‐ground floor dwelling units shall: a. provide a minimum of 1 paved off‐street parking space per dwelling unit in addition to the required parking spaces for the commercial use unless exempted under §27‐701.L.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

18 b. provide adequate separation between the residential and commercial use to meet the requirements of the City of Hutchinson’s adopted building and fire codes. c. contain separate cooking, restroom, bathing and sleeping quarters for each unit. These shall be in addition to any such facilities that are part of the commercial use. d. not detract from the commercial character of the structure nor promote conversion of the commercial structure to a primary residential unit.

27‐406.A.10. Single‐unit Living Design Standards & Use Restrictions Single‐unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Single‐unit living shall: a. provide a minimum of 2 paved, off‐street parking spaces per dwelling unit. Those units that are economy homes or are located in the R‐6 Residential Infill District shall be permitted to have 1 paved off‐street parking space per unit. b. have a maximum of one dwelling unit per residential zoning lot unless the property meets the zoning and other requirements for an accessory dwelling unit under Sec. 27‐406.A.1. c. Zero lot line development shall comply with Sec. 27‐311. d. Single‐unit living shall be permitted in the P/I Zoning District as accessory to a primary use.

27‐406.A.11. Two‐unit Living Design Standards & Use Restrictions Two‐unit living is permitted on residential zoning lots where the following design standards and use restrictions are met. Two‐unit living development shall: a. provide a minimum of 2 paved, off‐street parking spaces per dwelling unit, unless located in the R‐6 Residential Infill District. b. have separate water, sewer and other utility services for each unit, unless both units are attached to one another and located on the same zoning lot. c. have a maximum of 2 dwelling units per zoning lot.

27‐406.A.12. Congregate Living Design Standards & Use Restrictions Congregate living is permitted on residential zoning lots where the following design standards and use restrictions are met. Congregate living shall: a. provide a minimum of 0.5 paved, off‐street parking spaces per resident. Those developments exceeding 10 residents shall provide one additional parking space for each 30 units above 10 to accommodate employee parking. No more than 50% of the required parking spaces shall be permitted in the front yard if located in a residential zoning district. b. provide outdoor open space/recreational area in accordance with Sec. 27‐406.A.8.

27‐406.A.13. Dormitory, Fraternity and Sorority Design Standards & Use Restrictions Dormitory, fraternity and sorority developments are permitted on residential zoning lots where the following design standards and use restrictions are met. Dormitory, fraternity and sorority developments shall:

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

19 a. provide a minimum of 1 paved, off‐street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts b. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use.

27‐406.A.14. Emergency Shelter Emergency Shelters are permitted on residential zoning lots where the following design standards and use restrictions are met. Emergency shelter developments shall: a. be limited to 10 persons or fewer. b. provide a minimum of 1 paved, off‐street parking space per resident. No more than 50% of the required parking spaces shall be permitted in the front yard in residential zoning districts. c. not modify the residential character of a neighborhood in cases where an existing structure is renovated to accommodate this use. d. be permitted with design requirements in the P/I Zoning District. If occupancy is greater than 10, a Conditional Use Permit is required.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

20 `

27‐406.B. Use Table – Commercial

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I USE CATEGORY R‐4 MP C‐4 I‐2 A‐I E‐N Design Standards & Use Specific Use R‐2 Restrictions1 COMMERCIAL ADULT ENTERTAINMENT N N N N N N N S N S S N N See 27‐406.B.1. ANIMAL SERVICES, EXCEPT AS LISTED See 27‐901. & H H N H N P P P P N N P N BELOW: Ch 7 of this Code Boarding / Shelter / Veterinary Services D N N N N N N D N N N N D See 27‐406.B.2. and Animal Hospitals Stables D N N N N N N N N N N N N See 27‐406.B.3. EATING & DRINKING ESTABLISHMENTS, N N D D N P P P P N D D D See 27‐406.B.4. EXCEPT AS BELOW: See Ch 18, Alcoholic Bar/Tavern N N N N N N N P P N N N P Liquors & Beverages Class A Club N S S S N P P P P P P D P See 27‐406.B.5. Drive‐In/Thru restaurant N N N N N N N D D N N D N See 27‐406.B.6. Mobile vendor park N N N N N D D D D D D D D See 27‐406.B.7. MEDICAL CARE, INCLUDING OFFICE, N N N N N P P P P N N P P EXCEPT AS BELOW: Extended care facility N N D N N P P P D N N P P See 27‐406.B.8. Hospital N N N N N N N P D N N P P OFFICE, GENERAL N N N N N D D P P D D P P See 27‐406.B.9. PARKING FACILITIES: Accessory P P P P P P P P P P P P P See 27‐908.E. & See 27‐ Principal use N N N N N P P P P P P P P 702.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐406.B.1. through 21

Sec. 27‐406.B.33. the provisions of this Section shall prevail. RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I USE CATEGORY R‐4 MP C‐4 I‐2 A‐I E‐N Design Standards & Use Specific Use R‐2 Restrictions1 COMMERCIAL (CONT’D) PUBLIC, INSTITUTIONAL & CIVIC D D D D D P P P P P P P P See 27‐406.B.10. FACILITIES, EXCEPT AS BELOW: Cemetery D N N N N N N D N N N N D See 27‐406.B.11. Cremation D N N N N N D D N N N N D See 27‐406.B.12. Child or adult day care center / Day See 27‐406.B.13. & care home (not owner occupied S S S S N D D D D D D D D 27‐903 only) Day care home (owner occupied only) H H H H H H H H H N N H N See 27‐903 Detention center N N N N N N N C N N C N C See 27‐406.B.14. Large‐scale assembly (20,000 sq. ft.) S S S S N D D D D N N S D See 27‐406.B.15. RECREATIONAL & ENTERTAINMENT

FACILITIES, AS LISTED BELOW: Passive recreation and small‐scale D D D D D P P P P P P P P See 27‐406.B.16. active recreation (< 1 acre) Active recreation (1+ acres) and D D D D D D D D D N N D P See 27‐406.B.17. athletic fields Stadiums N N N N N N D D D N N D D See 27‐406.B.18. Commercial recreation and entertainment, including movie N N N N N N D D D D D D D See 27‐406.B.19. theatres, drive‐in theatres and motorized recreation

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I USE CATEGORY R‐4 MP C‐4 I‐2 A‐I E‐N Design Standards & Specific Use R‐2 Use Restrictions1 COMMERCIAL (CONT’D) See 27‐406.B.20. REPAIR, EXCEPT VEHICLE REPAIR: H H H H N D D D D D D D D 27‐901 RETAIL RENTAL & SALES: Ammunition / Firearms / Gunsmiths N H H H N N N D D N N N N See 27‐406.B.21. Large (> 18,000 SF) N N N N N N N D D N N N N See 27‐911 Medium (3001 – 18,000 SF) N N N N N N N P P N N P N Outdoor retail sales N N N N N D D D D N N D N See 27‐406.B.22. Small (up to 3000 SF) N N N D N P P P P D D P D See 27‐406.B.23. TRANSIENT ACCOMMODATIONS Bed & breakfast D D D D N D D D D N N D N See 27‐406.B.24. Recreational Vehicle Park N N N N N N N C N C N N N See 27‐906 Hotel, Motel, Extended Stay N N D N N D D P P N N D N See 27‐406.B.25. SERVICES (PERSONAL), EXCEPT AS BELOW: H H H H H P P P P D D P D See 27‐406.B.26. Dry cleaner N N N N N N P P P N N P N . STORAGE, SELF‐SERVICE N N N N N N D D N D D D N See 27‐406.B.27 [Repeal section 27‐913] UTILITIES, EXCEPT AS BELOW: P P P P P P P P P P P P P Wind Energy Conversion Systems * * * * * * * * * * * * * *See 27‐923 Wireless Communication Facilities (Public ROW) D D D D D D D D D D D D D See 27‐406.B.28. Wireless Communication Facilities (Private ** ** ** ** ** ** ** ** ** ** ** ** ** **See 27‐921 property)

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

23 RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I USE CATEGORY R‐4 MP C‐4 I‐2 A‐I E‐N Design Standards & Specific Use R‐2 Use Restrictions COMMERCIAL (CONT’D) VEHICLE SALES, SERVICE AND STORAGE, EXCEPT N N N N N P P P P N N P N AS NOTED BELOW: Boat / RV storage N N N N N N N D N D D N N See 27‐406.B.29. Car wash, light‐medium duty vehicles N N N N N D D D D D D D D See 27‐901.J. Fueling station N N N N N N D D D D D D D See 27‐901.30. Inoperable vehicle storage, accessory use N N N N N N N D D D D D D See 27‐406.B.31. Motor vehicle repair (light‐ medium) N N N N N N N S S S S S D See 27‐406.B.32. Truck stop N N N N N N N D N D D N N See 27‐406.B.33.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

7‐406.B.1. Adult Entertainment Design Standards & Use Restrictions Adult entertainment uses shall be permitted in the zoning districts noted in Table 27‐407.B., pursuant to meeting the required design and use criteria below: a. No adult entertainment use may be located within 1000 feet of another adult entertainment use, regardless of whether such use is located in the same facility or separated facilities. b. No adult entertainment use shall be located within 1000 feet of any residential zoning district. c. No adult entertainment use shall be located within 1000 feet of any bar or tavern. d. No adult entertainment use shall be located within 1000 feet of an existing church, place of worship, child care center or educational institution. e. Measurements shall be made from the nearest point of the property line to the nearest point of property line along a straight line. f. No adult entertainment use shall have merchandise or activities visible from any point outside of the structure/building containing the use. g. No adult entertainment use shall have any material, including signage, that depicts, describes or relates to sexual activities visible from any point outside of the building/structure containing the adult entertainment use.

27‐406.B.2. Animal Services: Boarding, Shelter, Veterinary Services and Animal Hospitals Design Standards & Use Restrictions Animal boarding, shelter, veterinary services and hospitals shall be permitted as indicated in Table 27‐406.B., pursuant to meeting the following requirements: a. All commercial or public animal boarding, sheltering, veterinary services and animal hospitals shall be conducted within a completely enclosed, soundproofed and air‐conditioned building. b. Household pets, including cats and dogs, may be exercised in a designated and fenced area outside the building with an attendant present. c. All outdoor runs or exercises areas shall be hard surfaced or grass. d. In the TA District, facilities for boarding and sheltering shall be located not less than 100 feet from any property line and 150 feet from any residential (not TA) zoning District. The minimum property size shall be 5 acres. See Sec. 27‐407.J. e. Animal boarding, sheltering, veterinary services and animal hospitals shall not be permitted in the R‐1 and R‐2 Zoning Districts.

27‐406.B.3. Animal Services: Stables, Design Standards & Use Restrictions Animal stables shall be permitted as indicated in Table §27‐406.B., pursuant to meeting the following requirements. a. Stables shall be allowed in the TA District only and shall be located not less than 100 feet from any property line and 150 feet from a residential (not TA) district. The minimum property size shall be 5 acres. See Sec. 27‐407‐J.2‐ 3. b. In the TA District, public and private riding academies shall be permitted, provided the property is a minimum of 10 acres in size. c. Stables shall not be allowed in the R‐1 or R‐2 Zoning Districts.

27‐406.B.4. Eating and Drinking Establishments (General) Design Standards & Use Restrictions Eating and drinking standards (general) shall be permitted as indicated in Table §27‐406.B., pursuant to meeting the following requirements. a. Such establishments shall be permitted as accessory uses only in the R‐5, A‐I and P/I Zoning Districts. b. Eating and drinking establishments (general) located in the R‐6 and EN District shall be permitted on corner lots where there is sufficient off‐street parking located at the side or rear of the building to meet the requirements of Sec. 27‐702 of this Chapter. c. Outdoor dining shall not be permitted in the R‐6 or EN Zoning Districts.

27‐406.B.5. Class A Club Design Standards & Use Restrictions 25

Class A Clubs shall be permitted as indicated in Table §27‐406.B., pursuant to meeting the following requirements. a. Class A Clubs shall be permitted as indicated in Table §27‐406.B., except that such establishments shall not be permitted in the R‐3 Zoning District. b. Class A Clubs located in the R‐6 and EN District shall be permitted on corner lots where there is sufficient off‐ street parking located at the side or rear of the building to meet the requirements of Sec. 27‐702 of this Chapter. c. Outdoor dining shall not be permitted in the R‐6 or EN Zoning Districts.

27‐406.B.6. Eating and Drinking Establishments (Drive‐thru) Design Standards & Use Restrictions Eating and drinking establishments (drive‐thru) shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Order boxes and stacking drives shall not be located in the front or side street front yard. b. The nearest point of the drive‐thru operation, including the drive‐thru lane, menu board and service windows, shall be at least 50 feet from the boundary of an adjacent residential zoning district unless separated by an alley or soundproofing wall. c. If located in the C‐5, Downtown District, the maximum building setback shall be 10 feet.

27‐406.B.7. Mobile Vendor Parks Design Standards & Use Restrictions Mobile vendor parks shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Mobile vendor parks shall be permitted to operate on private property (with consent of the property owner) for a maximum period of 120 days on a given property. b. Each mobile vendor shall be separated from other mobile vendors by a minimum distance of 25 feet. c. Signs advertising individual mobile vendors shall be physically attached to the food truck from which they operate. d. All food and drinks shall be distributed from a mobile vendor truck and not from freestanding tents or tables. e. Mobile vendor parks shall be located a minimum of 150 feet from any residential zoning district. f. Mobile vendor parks shall be located a minimum of 150 feet from an existing restaurant, as measured from the property line. g. Mobile vendor parks shall not occupy required off‐street parking areas nor obstruct required drive aisles or fire lanes. h. Mobile vendor parks shall be required to obtain a permit from the Zoning Administrator prior to the commencement of operations. Said permit application shall be accompanied by a site plan showing the layout of the park, serving areas, parking areas, pedestrian access areas, drive aisles and seating areas. i. All mobile vendors shall have utility hookups that are approved by the Chief Building Official. j. It shall be the responsibility of the mobile vendor park manager to ensure all mobile vendors possess: a) Current driver’s license and current motor vehicle registration; b) Proof of liability insurance coverage; c) Proof of current food establishment inspection from the Kansas Department of Agriculture; d) Proof of valid sales use tax registration of tax exempt identification. k. Mobile vendor parks shall require site plan approval from the City of Hutchinson. Individual vendors shall not require a temporary use permit, provided the above provisions are met. l. No overnight parking of mobile vendor vehicles shall be allowed. m. The foregoing shall not apply to special events sponsored by the City of Hutchinson.

27‐406.B.8. Extended Care Facility and Hospital Design Standards & Use Restrictions

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

26 Extended care facilities shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Visiting hours for extended care facilities located in the R‐5 District shall be restricted to the hours from 6 AM to 9 PM. b. Extended care facilities shall be located no closer than 100 feet to schools, churches and parks. c. Ambulance entrances shall be located no closer than 300 feet to an adjacent residential use. d. Helipads shall be allowed for hospital uses only. Helipads shall be located a minimum of 300 feet from adjacent residential uses or zoning.

27‐406.B.9. Office Design Standards & Use Restrictions Offices shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. In the I‐1, I‐2, I‐3 and A‐I Districts, offices shall be permitted as accessory uses only. b. In the C‐1 and C‐2 zoning districts, office buildings shall not exceed 3000 square feet gross floor area.

27‐406.B.10. Public, Institutional & Civic Facilities (General) Design Standards & Use Restrictions Public, institutional and civic facilities shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood. b. Outdoor storage of materials and equipment shall be limited to those public, institutional and civic uses located in the industrial and airport zoning districts. Said storage areas shall be screened in accordance with Sec. 27‐ 406.C.12. c. Those uses that involve heavy equipment and machinery shall comply with the provisions of Sec. 27‐914.

27‐406.B.11. Cemetery Design Standards & Use Restrictions Cemeteries shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. The property shall consist of not less than 5 acres of land in a single tract or parcel not intersected or divided by any street, alley or property belonging to any other owners. b. The property shall have at least a 500‐foot frontage on an arterial or collector roadway, unless the property contains only a columbarium or mausoleum and not in‐ground internment. c. The entrance and exit shall be directly to and from an arterial or collector roadway. d. The property shall have a wall or fence at least 4 feet in height along the perimeter of the cemetery use.

27‐406.B.12. Cremation Design Standards & Use Restrictions Cremation shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Cremation shall be permitted only as an accessory use to a cemetery, columbarium, funeral home or mausoleum.

27‐406.B.13. Child or Adult Day Care Center / Day Care Home (Not Owner Occupied) Design Standards & Use Restrictions Child or Adult Day care centers and Day care homes (licensed group) shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements.

a. Child day care center uses shall be screened from adjacent residential uses by a 6‐foot privacy fence in locations where said fencing is allowed. b. Day care center uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure. c. Premises shall meet the requirements of Kansas Statute and the City of Hutchinson’s adopted building and fire codes. d. Child day care center uses shall be permitted as an accessory use in all non‐residential zones where child day care centers are allowed.

27‐406.B.14. Detention Center Design Standards & Use Restrictions Detention centers shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Detention centers shall be permitted as an accessory use to law enforcement centers only for those facilities located in the C‐3 and C‐4 Zoning Districts and shall not comprise more than 50 percent of the facility. b. Detention centers shall be permitted as a principal use in the P/I and I‐3 districts only, pursuant to meeting the following criteria: 1) Detention centers shall be located a minimum distance of 1,000 feet from a residential zoning district unless separated by said district by an arterial roadway or state highway. 2) Minimum property size shall be 10 acres. 3) Buildings and exercise yards shall be setback a minimum of 30 feet from property lines.

27‐406.B.15. Large Scale Assembly (20,000 sq. ft.) Design Standards & Use Restrictions Large scale assembly uses shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Uses located in a residential zoning district shall have parking provided at the rear or sides of the primary structure in order to preserve the residential character of the neighborhood and shall be a minimum of 15 feet from property lines. b. Setbacks for structures shall be a minimum of 25 feet from the property line when located in residential zones.

27‐406.B.16. Passive Recreation and Small‐scale Active Recreation (< 1 acre) Design Standards & Use Restrictions Passive recreation and small‐scale active recreation (< 1 acre) shall be permitted in the zoning districts noted in Table 27‐ 406.B., pursuant to meeting the following requirements. a. In residential zoning districts, uses shall be limited to parks, trails, picnic areas and playgrounds. b. Lighting shall be limited to low‐level, path lighting in the residential zoning districts. c. Commercial facilities shall not be permitted in residential zoning districts.

27‐406.B.17. Active Recreation (1+ acres) and Athletic Fields Design Standards & Use Restrictions Active recreation (1+ acres) and athletic fields shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. In residential zoning districts, uses shall be separated from adjacent residential properties by a six‐foot screening fence. b. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. c. Parking lot and facility lighting shall be permitted in all districts except residential districts, where low‐level path lighting shall be allowed. d. Lighting shall not exceed the maximum lighting requirements allowed by Sec. 27‐909 and shall be no taller than 75 feet. Lighting taller than 75 feet shall require special use permit approval by the Board of Zoning Appeals.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

e. Concession stands and permanent restroom facilities shall be permitted as accessory uses except in those areas located in residential zoning districts. Said facilities shall be setback a minimum of 10 feet from property lines. f. Portable restroom facilities shall be located a minimum of 50 feet from property lines. g. In residential zoning districts (other than TA), the maximum facility size shall be limited to three acres. h. Bleachers shall be permitted, provided that the maximum capacity shall be 100 per field in residential districts and 400 per field in other districts. Fields with capacities exceeding these amounts shall be classified as stadiums.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

29 27‐406.B.18. Stadiums Design Standards & Use Restrictions Stadiums are permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Lighting shall meet the illumination requirements of Sec. 27‐909. b. Light standards shall have a maximum light standard height of 75 feet, unless Special Use Permit approval is obtained c. Parking lots shall be located a minimum of 50 feet from any residential use or zoning district. d. Concession stands and permanent restroom facilities shall be setback a minimum of 10 feet from property lines. e. A six‐foot screening fence shall be required to separate the use from adjacent residential uses or zoning districts. This requirement can be waived in cases where a public street separates the uses/districts.

27‐406.B.19. Commercial Entertainment, including Movie Theatres and Drive‐In Theatres and Motorized Recreation Standards & Use Restrictions Commercial recreation and entertainment, including movie theatres, drive‐in theatres and motorized recreation are permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Facilities in the C‐2 District shall be limited to no more than 5000 square feet. b. Drive‐in theatres shall: 1) be permitted only in the C‐4, I‐1, I‐2 and I‐3 Zoning Districts. 2) have screens no taller than 40 feet and shall be located a minimum of 1,000 feet from any residential use or zoning district. Screens shall be oriented away from adjacent roadways to the greatest extent possible. 3) have paved (concrete, asphalt) driveways and drive aisles. Parking pads shall be permitted to be gravel. 4) have in‐vehicle sound systems only. Exterior speakers shall not be permitted. c. Motorized recreation, including radio‐controlled devices, shall be setback a minimum of 300 feet from adjacent residential zones or uses. d. Drone parks shall be permitted only in industrial zoning districts (I‐1, I‐2 and I‐3) and the P/I zoning district outside of the City’s restricted airspace area.

27‐406.B.20. Repair, Except Vehicle Repair Standards & Use Restrictions Repair, except vehicle repair, is permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Outdoor storage of repaired items or items to be repaired shall be prohibited. b. In the industrial and airport zoning districts, sales shall be an accessory and incidental use and shall consist primarily of repaired items. c. In the C‐1 and C‐2 zoning districts, repair services shall be limited to buildings containing 3000 square feet gross floor area or less.

27‐406.B.21. Ammunition and Firearms Sales Design Standards & Use Restrictions Ammunition and firearms sales shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. All state and federal permits shall be obtained. b. In the residential zoning districts, gunsmithing shall be permitted as a Home Occupation. Sales of ammunition shall be prohibited. Internet sales of firearms shall be permitted.

27‐406.B.22. Outdoor Retail Sales Design Standards & Use Restrictions Outdoor retail sales shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements.

a. Outdoor retail sales display areas shall be located outside of required drive aisles, fire lanes and required parking spaces. b. Outdoor retail sales shall be located outside of the required setback area, and shall be located not closer than 20 feet to any property or right‐of‐way line, whichever is greater, unless located in the C‐5 Zoning District. c. Outdoor retail sales shall not obstruct any means of ingress or egress to the building.

27‐406.B.23. Small (<3000 SF) Retail Sales Design Standards & Use Restrictions Small (<3000 SF) retail sales shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. In the R‐6 Zoning District: 1) small retail sales shall be permitted in only in an existing building on a corner lot that has sufficient off‐ street parking to meet the standards of Sec. 27‐702. Parking shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood unless parking is already located in the front. 2) Exterior illuminated signage and exterior lighting shall be prohibited. 3) Only wall or projecting signage shall be permitted. The maximum size for wall signage shall be 20% of the building face. The maximum size for projecting signage shall be 20 square feet. b. Small retail sales shall be permitted as an accessory use only in the industrial and airport zoning districts.

27‐406.B.24. Bed & Breakfast Design Standards & Use Restrictions Bed & breakfasts shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. The establishment shall be operated by the owner of the dwelling unit, who shall live on the property. b. The minimum floor area shall be 2500 square feet. c. The maximum number of guest rooms shall be 3. Bed and breakfasts with more than 3 units are considered bed and breakfast inns and shall comply with the requirements in Sec. 27‐406.B.24.h. d. Food service shall be provided for resident guests only, unless located in a commercial zoning district. e. Bed & breakfast facilities located in residential zoning districts shall not offer rooms or space for receptions, parties, meetings or other similar events, which are open to non‐resident guests. f. Signage shall meet the requirements for Home Occupations. g. Parking in residential zoning districts shall be located to the rear or side of the building to minimally impact the existing residential character of the neighborhood. h. Bed and breakfast inns. Bed and breakfast establishments with 4 or more guest rooms are considered bed and breakfast inns. The following standards shall apply: 1) A bed and breakfast inn shall have a full‐time resident manager or owner on the site and shall be licensed by the State of Kansas to do business. 2) A bed and breakfast inn shall only be permitted on properties located adjacent to arterial or collector roadways.

27‐406.B.25. Hotel, Motel and Extended Stay Design Standards & Use Restrictions Hotel, motel and extended stay facilities shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Hotel, motel and extended stay facilities located in the R‐5, C‐1, C‐2, C‐R and EN Districts shall be limited to two stories and 20 rooms.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

b. In the R‐5, C‐1, C‐2, C‐R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted.

27‐406.B.26. Personal Services Design Standards & Use Restrictions Personal services shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Personal services shall be permitted pursuant to obtaining a Home Occupation Permit in the Residential Zoning Districts. See Sec. 27‐901 for prohibitions. b. In the R‐5, C‐1, C‐2, C‐R and EN Districts, parking shall be located in the rear or side yard only. Parking in front of the primary structure shall not be permitted. c. Personal services shall be permitted as an accessory use only in the industrial and airport zoning districts. d. In the R‐5, C‐1 and C‐2 zones, personal convenience services shall be limited to 3000 square feet gross floor area and no external automated teller machines or drive‐through windows shall be allowed.

27‐406.B.27. Storage, Self‐Service Design Standards & Use Restrictions Storage, self‐service shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Unit doors shall not face the street or be visible from the public right‐of‐way unless separated from the right‐of‐ way by a landscaped berm or screening fence. b. Storage unit doors shall be setback from adjacent residential districts by a minimum distance of 50 feet unless screened with berms, landscaping or fencing. c. Storage unit spaces shall not be used for retail, wholesale, office or service uses. Nor shall they be used for workshops, hobby shops, manufacturing, car repair or similar uses. Human occupancy shall not be permitted. d. Fencing shall not include barbed wire or razor wire, except in industrial zoning districts, including A‐I. Said fencing shall be permitted in areas not adjacent to the public right‐of‐way or a residential zoning district. e. In commercial zoning districts, including C‐R and EN, up to 25 percent of the site may be used for outdoor storage of operational recreational vehicles and watercraft. Such storage areas shall not be located directly adjacent to any public right‐of‐way or residential zoning district and shall be screened in accordance with Sec. 27‐908.E. f. In industrial zoning districts, including A‐I, up to 50 percent of the site may be used for the storage of operational vehicles, commercial vehicles and watercraft. Such storage areas shall not be located directly adjacent to any public right‐of‐way or residential zoning district and shall be screened in accordance with Sec. 27‐908.E.

27‐406.B.28. Wireless Communication Facilities (Public Right‐of‐Way) Design Standards & Use Restrictions Wireless communication facilities (public right‐of‐way) shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Wireless communications facilities located in the public right‐of‐way shall be exempt from zoning and shall be no taller than 40 feet in height. b. Wireless communications facilities located in the public right‐of‐way shall submit an application to the City of Hutchinson Planning & Development Department for review and comment by the City Engineer, Director of Public Works, Assistant City Manager and Chief Building. c. Those wireless communications facilities located in the public right‐of‐way that are in or adjacent to a property listed on the local, state or national register shall be reviewed for compliance with the Secretary of the Interior’s Standards for Rehabilitation and the City of Hutchinson’s Preservation Ordinance.

27‐406.B.29. Boat/RV Storage Design Standards & Use Restrictions

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

Boat/RV Storage shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Storage areas shall be located a minimum of 25 feet from the front property line, unless within an enclosed building. b. Storage areas shall be screened from the public right‐of‐way and from adjacent residential zoning districts by a solid, 6‐foot tall fence. c. See Section 27‐406.B.27. for Boat/RV Storage as an accessory use to self‐service storage. d. Storage shall be on asphalt or concrete in commercial zones. Industrial zones shall be permitted to have storage on a graveled, dust‐free surface.

27‐406.B.30. Fueling Station Standards & Use Restrictions Fueling stations shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Pumps shall be setback a minimum of 35 feet from the front property line. b. Fuel canopies shall meet the minimum setbacks of the zoning district. c. Service islands shall meet the requirements of 27.901.J.

27‐406.B.31. Inoperable Vehicle Storage (Accessory Use) Design Standards & Use Restrictions Inoperable vehicle storage (accessory use) shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Inoperable vehicle storage areas (accessory use) shall be permitted as an accessory use to legally permitted auto repair uses. b. All inoperable vehicle storage areas (accessory use) shall be located a minimum of 25 feet from any residential zoning district. c. No more than six inoperable vehicle or 10% of the lot coverage, whichever is less, shall be stored on the premises at any given time. d. All stored inoperable vehicles shall be screened from view of the public with a minimum 6‐foot fence, as provided for in 27‐916.A. e. Accessory inoperable vehicle storage areas legally established prior to adoption of this article, shall have one year from the date of adoption to comply with the setback, number and screening requirements of b‐d above. Any inoperable vehicle (accessory) storage areas not in compliance with this article within the one‐year timeframe shall have their legal nonconforming status, if any, revoked. The following regulations shall apply: 1) The Director of Planning and Development or designee shall notify the property owner in writing of any deficiencies that exist. Said notice shall include a photo of the property, determination of needed corrections and a deadline for repair. 2) Those properties not corrected within 365 days of adoption of these regulations shall be deemed in violation and appropriate enforcement measures will commence.

27‐406.B.32. Motor Vehicle Repair (Light‐Medium) Design Standards & Use Restrictions Motor vehicle repair (light‐medium) shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the following requirements. a. Motor vehicle repair (light‐medium) shall include repair of all vehicles not classified has commercial vehicles, buses or large trucks by 27‐916.B, as well as repair of outboard boat motors, riding lawn mowers and other engine repair. b. All vehicle repair shall be conducted entirely within an enclosed building. c. Outdoor storage of parts and tires shall be prohibited.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

d. Outdoor storage of inoperable vehicles shall comply with 27‐406.B.31.

27‐406.B.33. Truck Stop Design Standards & Use Restrictions Truck stops shall be permitted in the zoning districts noted in Table 27‐406.B., pursuant to meeting the required design and use criteria below: a. In commercial zoning districts, the following shall be prohibited: 1) Vehicle repair of commercial trucks. b. Fuel pumps shall be located a minimum of 40 feet from the public ROW, as well as from adjacent property lines. c. Fuel pumps shall be located a minimum of 50 feet from adjacent residential property lines or uses. d. Overnight parking shall be setback a minimum of 300 feet from adjacent residential property lines or uses.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27‐ 406.B.1. through Sec. 27‐406.B.33. the provisions of this Section shall prevail.

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27‐406.C. Use Table – Industrial & Other

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA C‐R R‐3 MH C‐3 I‐1 I‐3 USE CATEGORY R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I Design Standards & R‐4 MP C‐4 I‐2 A‐I E‐N Specific Use R‐2 Use Restrictions1 INDUSTRIAL AND OTHER USES AGRICULTURAL USES, EXCEPT AS BELOW: D D D D D D D D D D D D D See 27‐406.C.1. Agricultural chemical manufacture or storage / Agricultural product N N N N N N N N N D D N N See 27‐406.C.2. processing or storage Community gardens D D D D D D D D D D D D D See 27‐406.C.3. Agricultural equipment sales and N N N N N N N D N D D N N See 27‐406.C.4. service Agricultural sales, including onsite N D D D D D N N N N N N N See 27‐406.C.5. product sales D Feedlots N N N N N N N N N N N N N RESEARCH AND DEVELOPMENT See 27‐406.C.6. N N N N N N N N N D P N C See 27‐912 CONTRACTORS, AS DENOTED BELOW: Offices H H H H H D D D D P P D D See 27‐406.C.7. Storage yards N N N N N N N D N D D D D See 27‐912 Wholesale sales N N N N N N N N N D D N N HAZARDOUS MATERIALS See 27‐406.C.8. N N N N N N N N N N C N N MANUFACTURING / STORAGE See 27‐912 LANDFILL C C C C C C C C C C C C C See 27‐406.C.10. MANUFACTURING: Artisanal N N N N N N N D D D D D N See 27‐406.C.9.a. Light N N N N N N N N N D D N N See 27‐406.C.9.b.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.C.1. through Sec. 27.406.C.12., the provisions of this Section shall prevail.

See 27‐912 See 27‐406.C.9. c. Heavy N N N N N N N N N N D N N See 27‐912 27‐406.C. Use Table – Industrial & Other

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R USE CATEGORY R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I Design Standards & R‐4 MP C‐4 I‐2 A‐I E‐N Specific Use R‐2 Use Restrictions1 INDUSTRIAL AND OTHER USES MINING / EXTRACTION C C C C C C C C C C C C C See 27‐406.C.10. Oil/Natural Gas N N N N N N N N N N N N N REPAIR (AIRCRAFT, RAILCAR & HEAVY N N N N N N N N N N S N N See 27‐406.C.10.a. VEHICLE) SALVAGE YARDS, INCLUDING AUTO N N N N N N N N N N C N N See 27‐917 SALVAGE STORAGE AND WAREHOUSES, EXCEPT N N N N N N N D N D D N N See 27‐406.C.11. SELF‐SERVICE, AND AS LISTED BELOW: Outdoor storage (accessory) N N N N N N N N N D D N N See 27‐406.C.12. TRANSPORTATION* Multi‐modal transfer station N N N N N N N N N N S N N Railyard N N N N N N N N N N S N N Motor Freight Terminal N N N N N N N N N S P N N

*Refer to the A/I Airport Industrial Zoning District for specific regulations pertaining to the airport and related uses

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

36 27‐406.C.1. Agricultural Uses (General) Design Standards & Use Restrictions Agricultural uses (general) shall be permitted as indicated in Table §27‐406.C., pursuant to meeting the following requirements: f. Farming and keeping of farm animals, as an established, legal nonconforming use, shall be permitted in all zoning districts. g. Keeping of domestic farm animals, where permitted, shall be limited to those quantities as specified in 27‐918 and 27‐919 of these regulations. h. See 27‐303 of these regulations for agricultural exemptions.

27‐406.C.2. Agricultural Chemical Manufacture or Storage / Agricultural Product Processing or Storage Design Standards & Use Restrictions Agricultural chemical manufacture or storage / Agricultural product processing shall be permitted as indicated in Table §27‐406.C., pursuant to meeting the following requirements. d. Agricultural chemical manufacture or storage. 1) Chemical manufacture and storage shall be conducted entirely within an enclosed building. 2) Buildings used for chemical manufacture or storage shall be setback a minimum of 30 feet from property lines. e. Agricultural product processing or storage. 1) Animal slaughtering, processing and packaging shall be restricted to the I‐3 Zoning District only and shall comply with the following: a) Storage of animals, animal products or byproducts, including hides, bones, tallow, etc., shall be conducted entirely within a fully enclosed building. b) All slaughtering and processing of animals shall occur within an enclosed building. 2) Outdoor storage of grain and other vegetable products shall comply with the requirements of the State of Kansas.

27‐406.C.3. Community Gardens Design Standards & Use Restrictions Community gardens shall be permitted as indicated in Table §27‐406.C., pursuant to meeting the following requirements: a. Signage shall comply with the regulations for the underlying zoning district. b. Following discontinuance of a community garden use, the property shall be seeded with native grasses or turf and shall be maintained. All sheds, bed fencing, posts and other accessory materials and signs shall be removed within 180 days of discontinuance. c. Sheds for storage of implements and equipment shall be permitted. d. Onsite sales of produce shall comply with the provisions of 27‐601.F.3.

27‐406.C.4. Agricultural Equipment Sales and Service Design Standards & Use Restrictions Agricultural equipment sales and service uses shall be permitted in the zoning districts noted in Table 27‐ 406.C., pursuant to meeting the required design and use criteria below: a. Equipment on display for sale shall not overhang the public right‐of‐way.

b. All equipment offered for sale shall be in working condition. Sale or outdoor storage of inoperable equipment is prohibited.

27‐406.C.5. Agricultural Sales, including Onsite Product Sales, Design Standards & Use Restrictions Agricultural sales, including onsite product sales, shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: a. Temporary sales facilities shall be permitted in accordance with the requirements of 27‐601.F.3. b. Permanent sales facilities shall meet the off‐street parking and paving requirements for retail sales except that, in the TA Zoning District, surfacing materials shall be approved by the Director of Engineering. c. Permanent agricultural sales shall not be permitted in the R‐1 or R‐2 Zoning Districts.

27‐406.C.6. Research and Development Design Standards & Use Restrictions Research and development shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted in I‐1 and I‐2 districts.. b. Research and development using hazardous or explosive materials, or products derived from hazardous or explosive materials, shall not be permitted in the I‐1 and I‐2 districts. c. Outdoor equipment storage shall be permitted pursuant to the provisions of 27‐406.C.12.

27‐406.C.7. Contractors Offices, Contractors Storage Yards & Contractors Wholesale Sales Standards & Use Restrictions Contractors offices, contractors storage yards and contractors wholesale sales shall be permitted in the zoning districts noted in Table 27.406.C., pursuant to meeting the required design and use criteria below: n. Contractors offices only shall be permitted in the residential zoning districts noted pursuant to obtaining a Home Occupation Permit. No outdoor storage of materials, goods or equipment. Trailers may be parked in the rear yard, provided a 6‐foot screening fence is installed. See 27‐901 for additional requirements. o. Contractors offices shall be permitted in Commercial, CR and EN zoning districts noted pursuant to meeting the following design standards: 1) Outdoor storage of materials, goods, equipment or trailers shall be limited to those districts allowed by Table 27‐406.C. 2) Outdoor storage areas shall meet the requirements of 27‐406.C.12 p. Contractors offices shall be permitted in Industrial, P/I and EN zoning districts, as noted, pursuant to meeting the standards below: 1) Outdoor storage shall comply with 27‐406.C.12. q. Contractors wholesale sales shall comply with requirements of 27‐406.C.12.

27‐406.C.8. Hazardous or Explosive Materials Manufacturing / Storage Design Standards & Use Restrictions

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Hazardous or explosive materials manufacturing / storage shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: e. All facilities, whether for storage or manufacturing, shall be located a minimum of 50 feet from property lines and 300 feet from any residential use or zoning district, any school, hospital, church or other place of public assembly. f. Outdoor storage of hazardous or explosive materials shall be prohibited. g. Outdoor equipment storage shall comply with the provisions of 27‐406.C.12.

27‐406.C.9.a. Artisanal manufacturing Design Standards & Use Restrictions Artisanal manufacturing shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: a. Outdoor storage of materials, supplies or goods shall not be permitted. b. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. c. The gross floor area for an artisanal use shall not exceed 5000 square feet.

27‐406.C.9.b. Light Manufacturing Design Standards & Use Restrictions Light manufacturing shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: d. Outdoor storage of materials, supplies or goods shall not be permitted. e. Manufacturing of hazardous or explosive items, or products derived from hazardous or explosive items, shall not be permitted. f. Outdoor equipment storage shall be permitted pursuant to the provisions of 27‐406.C.12.

27‐406.C.9.c. Heavy Manufacturing Design Standards & Use Restrictions Heavy manufacturing shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: d. Outdoor materials, supplies, goods and equipment storage yards shall be meet the requirements of 27‐406.C.12.

27‐406.C.10. Mining / Extraction Standards & Use Restrictions Mining and extraction shall be permitted in the zoning districts noted in Table 27‐406.C., pursuant to meeting the required design and use criteria below: a. No new surface extraction shall be permitted. b. Subsurface extraction (mining) shall comply with the requirements of the Kansas Department of Health and Environment. c. High pressure liquid injection (fracking) shall not be permitted.

27‐406.C.10.a. Repair (Aircraft, Railcar & Heavy Vehicle) Standards & Use Restrictions Repair (aircraft, railcar and heavy vehicle) shall be permitted in the zoning districts noted in Table 27.406.C., pursuant to meeting the required design and use criteria below:

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

a. Repair activities shall be conducted entirely within an enclosed building. b. Vehicles, aircraft and railcars awaiting repair shall be permitted to be stored outside on a paved or graveled surface (or on rails), provided said area meets the requirements of 27‐406.C.12.d.‐f. c. Salvage operations shall not be permitted unless the appropriate State and City approvals are obtained.

27‐406.C.11. Storage and Warehouses, Except Self‐Service Design Standards & Use Restrictions Storage and warehouses, except self‐service, shall be permitted in the zoning districts noted in Table 27.406.C., pursuant to meeting the required design and use criteria below: e. Storage buildings and warehouses shall be located a minimum of 10 feet from property lines. f. Storage and warehouses, as a primary use, shall be conducted entirely indoors.

27‐406.C.12. Outdoor Storage (Accessory) Standards & Use Restrictions Outdoor storage shall be permitted in the zoning districts noted in Table 27.406.C., pursuant to meeting the required design and use criteria below:

a. Outdoor storage of goods, materials, equipment and supplies shall be permitted as an accessory use only. b. Outdoor storage yards shall not exceed 75% of the total property area associated with the use. c. Outdoor storage yards shall be screened from the public right‐of‐way and adjacent residential uses/districts by a six‐foot screening fence. d. Outdoor storage of equipment, materials and supplies shall be on a dust free surface, to include gravel, asphalt millings with slurry seal or other, similar surface. e. Outdoor storage areas shall be located in the rear or side yards only and storage shall meet the setback requirements for buildings in the underlying zoning district.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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27‐406.D. Use Table – Accessory Uses

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I Design Standards & R‐4 MP C‐4 I‐2 A‐I E‐N USE CATEGORY R‐2 Use Restrictions1 ACCESSORY USES Accessory Structures (Decks, patios, pergolas, gazebos, non‐commercial D D D D D D D D D D D D D See Sec 27‐314 greenhouses, detached garages, sheds, carports and similar structures) Collection bins, free‐standing N N N N N D D D D D D D D See 27‐406.D.1. D Fuel storage tanks; fuel storage and N N N N N N N N N D D N D See 27‐406.D.2. dispensing (non‐commercial) N D Grain storage bins and grain silos N N N N N N N N N D D N N See 27‐406.D.3. N Home occupation D D D D D D D D D D D D D See 27‐901. See 27‐915 PSC are defined. Multi‐modal shipping containers / We would need to amend N N N N N N N D N P P D P portable storage containers 27‐915, which allows them by CUP in the C‐4, C‐5 and EN right now. P Offices H H H H H P P P P P P P P H

42 Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail.

Propane tanks for household utility fuel P P P P P P P P P P P P P

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R‐3 MH C‐3 I‐1 I‐3 C‐R R‐1 R‐5 R‐6 C‐1 C‐2 C‐5 P/I Design Standards & R‐4 MP C‐4 I‐2 A‐I E‐N USE CATEGORY R‐2 Use Restrictions1 ACCESSORY USES Storage of farm materials, products and P equipment N N N N N N N N N P P N N Except R‐2. N Swimming Pool, Private P P P P P P P P N N N P P See 27‐916 Large Truck or Trailer Parking N N N N N N N D N D D N N

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

43 27‐406.D.1. Collection bins, freestanding Design Standards & Use Restrictions Collection bins, freestanding shall be permitted as indicated in Table §27‐406.D., pursuant to meeting the following requirements: i. Bins larger than 64 cubic foot shall not be located in the front yard setback area. j. Bins that are intended to be accessible by a vehicle shall be placed on a paved surface. k. Bins shall not block required driveways, drive aisles or parking spaces.

27‐406.D.2. Fuel storage tanks; fuel storage and dispensing (non‐commercial) Design Standards & Use Restrictions Fuel storage tanks; fuel storage and dispensing (non‐commercial) shall be permitted as indicated in Table §27‐406.D., pursuant to meeting the following requirements:

a. Fuel storage tanks shall be located in the rear or side yards only and shall be setback a minimum of 20 feet from all property lines. b. Vehicular access to fuel storage and dispensing tanks shall be via a dust‐free, all‐weather surface approved by the City Engineer. c. Fuel storage tanks as a primary use shall not be permitted in the TA, R‐1 or R‐2 zoning districts.

27‐406.D.3. Grain storage bins and grain silos Design Standards & Use Restrictions Grain storage bins and grain silos shall be permitted as indicated in Table §27‐406.D., pursuant to meeting the following requirements: a. Grain storage bins and grain silos not be located in the front yard setback area. b. Facilities shall meet the requirements of the Kansas Department of Health and Environment.

Sec. 27-407 TA Transitional Agricultural Rural District.

A. Intent. The intent of the TA Transitional Agricultural Rural District is to preserve and protect agricultural uses, open space and natural resource areas. The type and intensity of land uses authorized in this district are designed to accommodate agricultural operations on substantial acreage. Intense urban uses are premature and undesirable in this district due to the lack of infrastructure such as water, sewer and paved streets. This district provides for similar standards of residential, commercial and industrial development as required in other districts.

In the TA District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the TA District by right, pursuant to meeting established design standards, by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial Institutions; 4. Community Services/Civic Services; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; 8. Animal Care; 9. Business and Household Services; 10. General Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. General Manufacturing, High Hazard; and 15. Accessory Uses.

C. Permitted Uses.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

45 Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the TA District as recommended by the Planning Commission and approved by the City Council.

E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals.

F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Acres) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 105 100 - (1) 25 10 35 15 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback.

Front Yard Setback Table

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

J.C. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Private stables and facilities for housing animals and fowl for commercial purposes on at least 10 acres are allowed, provided that all buildings shall be no closer than 300 feet to any residential district. 3. Public and private riding academies on at least 10 acres shall be permitted, provided that no stable, building or structure in which horses or other animals are housed shall be nearer than 300 feet to any residential district. 4. A water well and septic system located on the same zoning lot shall require a minimum of five acres.

Sec. 27-408 R-1 Single Household Suburban Residential District.

A. Intent. The intent of the R-1 Single Household Suburban Residential District is to provide for very low density residential development with certain public facilities and infrastructure available now or in the future. Greater flexibility in design is needed to allow for the preservation of open space around buildings. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed.

In the R-1 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses;

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-1 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses w/o public 3 acres 100 100 (1) 25 10 35 15 wastewater collection Principal uses with 1 acre 60 100 (1) 25 10 35 25 public wastewater collection Accessory uses - - - (2) 5 5 35 - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

50 Front Yard Setback Table

J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Private stables and facilities for housing animals and fowl, on at least five acres, shall be allowed provided that all buildings shall be no closer than 300 feet to any other residential lot.

Sec. 27-409 R-2 Single Household Residential District.

A. Intent. The intent of the R-2 Single Household Residential District is to provide for single household residential development of moderately spacious character and allow for higher density where public sewer and water or suitable alternatives exist. This district is intended for the development of areas at the fringe of the City and to minimize conflicts of incompatible land uses and protect the public health and welfare of property owners as the area becomes more fully developed.

In the R-2 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail. 51

5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-2 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

52 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard.

Front Yard Setback Table

J. Miscellaneous Provisions. Supplemental regulations including but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

Sec. 27-410 R-3 Moderate Density Residential District.

A. Intent. The intent of the R-3 Moderate Density Residential District is to provide for a full range of dwelling units from single family attached and detached to two family dwellings and certain public uses. This district is located primarily adjacent to moderate to high density residential areas.

In the R-3 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

7. Public Parks and Open Space; 8. Public and Private Utilities; and 9. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the R-3 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

54 Accessory uses - - - (2) 5 5 35 - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

Rural RoadRural City City City CollectorCollector Street City 30th Avenue StreetRural ExpresswayState ArterialArterial Non-Residential Residential StreetResidential Corridor Street (feet) HighwayState Street (feet) (feet) (feet) Street (feet) Highway (feet) (feet) 301 30 25 25 25 25 25 1 The minimum setback shall be 25 feet from the property line.

A. Intent. The intent of the R-4 Residential Neighborhood Conservation District is to provide for an array of residential uses including single family attached and detached, two family and multiple family dwelling developments. This district allows for residential infill development and affordable housing in older residential districts while protecting the character of the surrounding neighborhood.

In the R-4 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Single family detached 9,000 60 100 (1) 15 5 35 45 dwelling Single family attached 5,000 30 100 (1) 15 5(3) 35 45 dwelling, per DU Two family 10,000 80 100 (1) 15 5(3) 35 45 dwelling/duplex Multiple family dwellings 10,000 100 100 (1) 15 10 35 50 Other principal uses 10,000 100 100 (1) 15 10 35 40 Accessory uses - - - (2) 5 5 35 - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

J. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

58 Sec. 27-412 R-5 High Density Residential District.

A. Intent. The intent of the R-5 High Density Residential District is to provide for medium to high density multiple family dwellings in areas with good transportation access and close to commercial corridors and centers of employment. This district serves as a transitional zone between medium density residential neighborhoods and administrative and professional offices.

In the R-5 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel

in the R-5 District as recommended by the Planning Commission and approved by the City Council.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Single family detached 5,000 30 100 (1) 15 5 35 45 dwelling Single family attached 2,500 25 100 (1) 15 5(3) 35 60 dwelling, per DU Two family 8,000 60 100 (1) 15 5(3) 35 50 dwelling/duplex Multiple family dwellings 10,000 100 100 (1) 15 10 45 50 Other principal uses 10,000 100 100 (1) 15 10 35 40 Accessory uses - - - (2) 5 5 35 - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

J. Miscellaneous Provisions.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Sec. 27-413 R-6 Infill Residential District.

A. Intent.

The intent of the R-6 Infill Residential District is to provide for a mixture of medium to high density single family and multiple family dwellings in neighborhoods identified as part of the Neighborhood Revitalization Plan area or those areas that were developed with smaller, denser lots. This district responds to the needs of older neighborhoods which pre-date modern suburban residential zoning regulations.

In the R-6 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the R-6 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Use/Structures Min. Lot Minimum Minimum Setbacks Max. Max. Lot Area Frontage Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (%) Single family detached 3,500 30 (1) 10 3 35 60 dwelling Single family attached 2,500 25 (1) 10 3(3) 35 60 dwelling, per development Two family 4,000 40 (1) 10 3(3) 35 60 dwelling/duplex Multiple family dwellings 8,000 60 (1) 10 3 35 60 Other principal uses 8,000 60 (1) 10 3 35 40 Accessory uses - - (2) 3 3 - - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

Rural RoadRural City City City CollectorCollector Street City 30th Avenue StreetRural ExpresswayState ArterialArterial Non-Residential Residential StreetResidential Corridor Street (feet) HighwayState Street (feet) (feet) (feet) Street (feet) Highway (feet) (feet) 301 30 25 15 15 15 25 1 The minimum setback shall be 25 feet from the property line.

C. Miscellaneous Provisions.

1. Access and Utilities. Adequate space for access and utilities must be provided on lots with more than one unit by creating easements when pertinent.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

63 2. Paving Requirements. No more than 60 percent of the front yard on any residential lot shall be paved in the R-6 Infill District. 3. Alleyway Driveway Access. Driveways accessing alleyways in the R-6 Infill District must maintain a minimum of 10 feet unobstructed clearance within the residential lot. 4. Neighborhood Design Requirement. a. Accessory garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. b. New residential infill construction in the R-6 Infill District shall replace or install sidewalks when existing sidewalks abut the new development on at least one side. c. New residential infill construction in the R-6 Infill District shall replace or install one street tree per lot on blocks where more than 50% of the lots have existing street trees.

A. Intent. The intent of the MH Manufactured Home Subdivision District is to provide for low density manufactured home subdivisions to meet the need and demand for alternative housing choices. This district allows for alternative housing types that often function best as part of a well planned development. This district is established to accommodate certified manufactured homes on permanent foundations where each lot is owned by an individual manufactured home owner.

In the MH District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the MH District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Community Services and Civic Uses; 4. Treatment, Rehabilitation and Incarceration Facilities; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; and 8. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the regulations of this section and all applicable restrictions and performance standards in these regulations.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel

in the MH District as recommended by the Planning Commission and approved by the City Council.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

H.B. Lot Area and Width. Each lot shall have an area of not less than 5,000 square feet and an average width of not less than 50 feet.

I.C. Lot Coverage. The principal building and accessory buildings shall not cover more than 30 percent of the lot area.

J.D. Height Regulations. No building shall exceed 35 feet in height.

K.E. Yard Regulations. 1. Front Yard. a. There shall be a front yard having a depth of not less than 25 feet. b. Where a lot or group of lots has a double frontage, the required front yard shall be provided on both streets. c. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of these regulations, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line. 2. Side Yard. a. Except as hereinafter required in the additional height, area, and use regulations of these regulations, there shall be a side yard having a width

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

67 of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building. b. Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings. 3. Rear Yard. a. There shall be a rear yard having a depth of not less than 10 feet.

L. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

Sec. 27-414415 MP Manufactured Home Park District.

A. Intent. The intent of the MP Manufactured Home Park District is to provide for low density manufactured homes which are compatible with the character of the surrounding neighborhood in which they are located and where services and amenities are readily available. This district is intended for the planned arrangement, placement and site layout of certified manufactured homes where the owner proposes to develop and rent or lease individual sites. The MP District is intended to promote affordable housing consistent with provisions of these regulations and the Comprehensive Plan.

In the MP District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the MP District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living;

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the MP District as recommended by the Planning Commission and approved by the City Council.

G.B. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec. 27-314 and as listed in Sec. 27-406 of these regulations. The following accessory uses shall be expressly permitted in the MP District: 1. Parks, playgrounds, and recreation areas; 2. Service buildings, laundry facilities and storage areas for recreational vehicles and boats, for the exclusive use of residents of the manufactured home park; 3. Swimming pools, patios and gazebos for the exclusive use of residents of the manufactured home park; 4. Office for manager of the manufactured home park; and 5. Storage buildings for vehicles used to tow manufactured homes and for blocks, skirting, pipes and other materials and equipment required to set up a manufactured home.

H.C. Minimum Lot Size. 1. The minimum lot size for manufactured home parks in the MP District shall be 10 acres. No manufactured home park shall be established on a lot

smaller than 10 acres. A contiguous tract of 10 acres shall be the minimum land area required for each area classified as an MP District on the Zoning Map.

I.D. Nonconforming Manufactured Home Parks. 1. No manufactured home park on a lot of less than 10 acres shall be placed in the MP District. Existing and lawful manufactured home parks on lots less than 10 acres shall not be expanded or enlarged, unless such expansion would increase the total area of the manufactured home park to 10 acres or greater and the entire manufactured home park, including existing development, is brought into compliance with the standards of the MP District regulations.

J.E. Detailed Manufactured Home Park Requirements. 1. No new manufactured home park shall be established or operated and no existing manufactured home park shall be expanded, enlarged or altered, except in accordance with these regulations and under permit by the zoning administrator. 2. A tract to be used for a manufactured home park shall be designed to accommodate 10 or more manufactured homes. 3. Manufactured home parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,000 square feet. 4. Each manufactured home park space shall be not less than 35 feet in width. 5. The manufactured home park shall be located on a well-drained site that is graded to ensure rapid drainage. 6. Each manufactured home space shall be numbered in an orderly manner. Numbers shall be securely displayed on their respective spaces and shall be consistent throughout the manufactured home park. Said numbers shall be visible at all times and shall be located so as to avoid confusion regarding which number belongs to which manufactured home space. 7. A solid fence or wall meeting the City’s fence regulations shall be provided between the manufactured home park and any adjoining property or property immediately across the alley which is used or zoned for residential purposes other than manufactured homes. In lieu of said fence or wall, an approved landscape buffer, not less than 15 feet in width may be provided. When a landscape buffer is used in lieu of a fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a manufactured home space. The fence, wall or landscape buffer shall be properly maintained by the owner and/or manager of the manufactured home park.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

8. Each manufactured home park having more than 10 manufactured home spaces shall reserve an area for child recreation according to the following schedule:

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Number of Manufactured Homes Minimum Recreation Area 0-10 None required 11-20 1,500 square feet 21-25 2,500 square feet 26 or more 100 square feet per lot

9. The recreation area shall be located so as to be free from hazards and provided with play equipment. 10. All manufactured home parks shall provide a storm shelter for the occupants. The applicant shall submit plans for each storm shelter to the Building Official for review and approval. Each storm shelter shall be constructed below ground level as a concrete structure or other material approved by the City, and shall be provided with heavy metal doors. Each storm shelter shall be located so as to be accessible to the park residents in a central location with access to the shelter clearly marked. 11. Each manufactured home park shall provide a sufficient and adequate number of storm shelters. Shelters shall be placed at such intervals within the park to ensure maximum safety for residents during times of natural disaster. Design and location of such shelters shall be determined at the time of plan approval, but in no case shall the construction of the initial phase of a manufactured home park be allowed to proceed without the concurrent construction of the appropriate shelters. 12. Manufactured homes shall be located so that there is at least a 20-foot clearance between manufactured homes; provided, however, with respect to manufactured homes parked end-to-end, the clearance shall not be less than 10 feet. Each manufactured home shall be located a minimum of 10 feet from the front driveway. 13. Manufactured homes shall be located a minimum of 25 feet from each property line of the manufactured home park and from each community building within the park. 14. All manufactured home spaces shall abut an internal street that is not less than 24 feet in width; provided, however, that no on-street parking shall be permitted on a street with a width of only 24 feet. If parallel parking is permitted on one side of the street, the street width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the street width shall be increased to 36 feet. All internal streets shall have unobstructed access to a public street or highway and shall be paved with a hard surface such as concrete or asphalt. All pavement shall be durable and well-drained under normal use and weather conditions. All pavement shall be maintained in good condition free of cracks, potholes and other hazards. All internal streets shall be provided with night lighting using lamps spaced at intervals of not more than 100 feet.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

15. Adequate lighting shall be provided for all internal streets, walkways, service buildings, storm shelters and other facilities subject to nighttime use. All lighting shall be maintained in working condition. 16. Manufactured home parks shall provide each manufactured home space with a concrete parking pad for the parking of two motor vehicles separate from the street. Each parking pad shall be a minimum of nine feet in width and 18 feet in depth per vehicle. 17. All electrical distribution systems and telephone service systems to each manufactured home space, except outlets and risers, shall be underground. Each manufactured home space shall be provided with a 110-volt and 220- volt service with a minimum 100-ampere individual service outlet. 18. Whenever master television antenna systems, including cable systems, are to be installed, complete plans and specifications for the systems must be submitted to the City for review and approval. Distribution lines to individual manufactured home spaces shall be underground and shall terminate adjacent to the electrical outlet. 19. An adequate supply of pure water for drinking and domestic purposes shall be supplied by underground pipes to all buildings and manufactured home spaces within the park. Each manufactured home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities. 20. All manufactured homes shall be connected to an approved public water supply and an approved sanitary sewer system with at least a four-inch sewer connection to each manufactured home. Each sewer connection shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured home drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured home and shall be trapped in such a manner as to maintain them in an odor-free condition. 21. Each manufactured home shall be set, anchored, and tied down securely to prevent accidental uplift, sliding, rotation and overturning. 22. Skirting shall be installed on each manufactured home to enclose the open space between the bottom of the manufactured home and ground below. Such skirting shall consist of non-combustible materials that are durable in construction, uniform in color and texture, and similar in color to the exterior surface of the manufactured home. Such skirting shall be maintained in good condition. 23. Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon the required site plan. 24. Laundry facilities for the exclusive use of the manufactured home park occupants may be provided in a service building.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

74 25. The owner or operator shall include with the required site plan the method of refuse collection and the location of refuse containers. Refuse and garbage handling methods shall meet the following minimum requirements: a. Storage collection and disposal of refuse in a manufactured home park shall be so conducted as to create no public nuisances, health or safety hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. b. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse from within the manufactured home park. c. Refuse racks shall be provided for all refuse containers. Such racks shall be designed so as to prevent the containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around the containers. d. Refuse and garbage shall be removed from the manufactured home park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers. e. The manufactured home park owner shall ensure that all containers at all stands are emptied regularly and maintained in a useable, sanitary condition. 26. When liquefied petroleum gas is used in a manufactured home park, containers for such gas shall have a water capacity of not more than 25 gallons, shall be the liquefied petroleum gas containers approved by the United States Commerce Commission for its intended purposes, and shall be attached to the manufactured home in a manner approved by the Liquefied Petroleum Gas Association. 27. Manufactured home parks may have approved areas designated for the storage of recreational vehicles, boats, trailers and other vehicles or equipment of seasonal or recreational use. Such areas may be commercially operated strictly for the use of residents of the manufactured home park. 28. The owner or operator shall include with the required site plan a budget for financing the proposed improvements shown on the site plan. 29. Prior to the construction, alteration, or expansion or a manufactured home park, review and approval of all of the following plans by the City shall be required: a. Engineering plans and specifications of the water supply and distribution system; b. Engineering plans and specifications of sewage disposal facilities and sewer; c. Plans and specifications for the lighting and electrical systems; d. Plans and specifications for streets and driveways; and

e. Any other plans required by the City to ensure compliance with applicable city codes.

K.F. Site Plan Review. 1. Site plan review shall be required prior to the establishment, enlargement or alteration of a manufactured home park. The applicant for a manufactured home park shall submit an application for site plan review in accordance with Article X of these regulations. The subject property must be properly zoned, and the site plan must be reviewed and approved by the Site Plan Review Committee before any permits will be issued. The site plan shall include all of the following: a. Proposed manufactured home spaces, consecutively numbered, with their approximate dimensions; b. Service buildings and storage facilities; c. Topography and drainage provisions; d. Location of storm shelters; e. Location and dimensions of parking spaces; f. Electrical outlets; g. Sewer outlets; h. Water outlets; i. Water lines; j. Sewer lines; k. Location and size of playgrounds and recreational areas; l. Landscaped areas and walls or fences; m. Proposed streets and driveways with dimensions and traffic circulation plan; n. Any existing streets in or abutting the property; o. Sidewalks and walkways; p. Exterior lighting plan; q. Refuse collection bins and screening; r. Legal description of the property; s. Names of the landowner, the developer and the person or firm preparing the plan; and t. North arrow, scale and date.

L.G. Compliance and Enforcement.

1. Upon the issuance of the permit for a manufactured home park, the City shall have the authority to have said manufactured home park inspected by the proper inspecting officer of the City and if it shall be found that the holder of said permit has violated or caused to be violated any provision of this article, the City shall have the power to revoke said permit.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

76 2. If the City shall determine upon proper inspection by the Building Official that the sanitary condition of the manufactured home park shall have become so unsanitary as to endanger health or welfare of occupants of said manufactured home park or the surrounding community, or that said sanitary facilities have become inadequate to properly protect the occupants of said manufactured park, the City shall have the power to require the holder of said manufactured home park permit to return said manufactured home park to proper sanitary condition within 10 days. If, upon notice from the City to the holder of the permit as aforesaid, the owner or manager of said manufactured home park shall fail or refuse to place said manufactured home park in sanitary condition, the City shall have the right to revoke said permit.

M.H. Abandonment of Use. 1. Whenever a property in the MP District ceases to be used as a manufactured home park or when its existing use is discontinued or abandoned for a period of 12 consecutive months, the Planning Commission may initiate action to rezone said property back to its former or another zoning district classification.

Sec. 27-415416 EN Established Neighborhood District.

A. Intent. The intent of the EN Established Neighborhood District is to accommodate compatible mixed-use development of residential, commercial and light industrial uses in existing neighborhoods. This district is intended to promote harmony between certain residential, commercial and light industrial uses that currently exist in established older neighborhoods within the City. This district promotes investment in distressed properties and allows for the restoration and reconstruction of buildings to maintain property values and encourage affordable workforce housing. The EN District is not intended for individual or scattered sites or for simply bringing nonconforming uses into conformance with these regulations.

In the EN District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the EN District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

B. Compatible Use Categories.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Day Care and Educational Institutions; 6. Public Parks and Open Space; 7. Public and Private Utilities; 8. Animal Care; 9. Business and Household Services; 10. Financial Services; 11. Food and Beverage Services; 12. General Commercial; 13. Specialized Commercial; 14. Medical Uses; 15. Office Uses; 16. Recreational Commercial; 17. Vehicular Commercial; 18. Warehousing and Storage; 19. Contractors, Contractor Yards, Storage and Supply; and 20. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the EN District as recommended by the Planning Commission to the City Council for approval, denial, or amendment.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

79 I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 35 100 (1) 15 5 (3) 35 50 Accessory uses - - - (2) 5 5 35 - (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard. (3) No side yard setback shall be required along the common party wall of a two family dwelling or a single family attached dwelling.

Front Yard Setback Table

Rural RoadRural City City City CollectorCollector Street City 30th Avenue StreetRural Street ExpresswayState ArterialArterial Non-Residential Residential StreetResidential Corridor (feet) HighwayState Street (feet) (feet) (feet) Street (feet) (feet) Highway (feet) 301 30 25 25 25 25 25 1 The minimum setback shall be 25 feet from the property line. J.C. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. When adjacent to residentially zoned or used property, an industrial use in the EN District shall not have parking or drives in the front yard setback nor within 15 feet of said residential district or use. Furthermore, permanent screening shall be provided as appropriate in order to minimize impacts on residential property, as per Sec. 27-908 of these regulations. 3. Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties. 4. All new structures constructed for non-residential uses shall be of a type and design that is generally compatible in appearance with the character of any nearby residential structures.

Sec. 27-416417 P/I Public and Institutional District.

A. Intent. The intent of the P/I Public and Institutional District is to provide for public, quasi- public, institutional, social, philanthropic organizations and similar uses in one or more buildings or a campus. This district may accommodate the individual needs of organization members, students, public employees and long term care residents. Special design provisions may be made for parking, playgrounds, outdoor plazas and event areas.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Specialized Commercial; 13. Medical Uses; 14. Office Uses; 15. Recreational Commercial; 16. Research and Development; and 17. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the P/I District as recommended by the Planning Commission and approved by the City Council.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

82 F. Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. Refer to Article VI of these regulations.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I.B. Height and Lot Requirements. The height and lot requirements shall be as follows:

Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Other principal uses 10,000 50 100 (1) 15 5 35 25 Accessory uses - - - (2) 5 5 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

Sec. 27-417418 C-1 Office Commercial District.

A. Intent. The intent of the C-1 Office Commercial District is to provide for restricted commercial development such as professional and administrative offices and certain personal services that serve the entire city and are compatible with adjoining residential districts. The low intensity of this district serves as a buffer

In the C-1 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the C-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; and 17. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific

parcel in the C-1 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Single family detached 5,000 35 100 (1) 15 5 35 25 dwelling Single family attached 5,000 30 100 (1) 25 5 (3) 35 40 dwelling, per DU Two family 10,000 100 100 (1) 25 10 (3) 35 40 dwelling/duplex Multiple family dwellings 10,000 100 100 (1) 25 10 35 50 Other principal uses 5,000 25 100 (1) 25 10 (3) 35 50 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Sec. 27-418419 C-2 Neighborhood Commercial District.

A. Intent. The intent of the C-2 Neighborhood Commercial District is to provide for areas of convenient shopping facilities for nearby neighborhoods. This district permits uses such as basic retail, offices and services that are conducted wholly within a building or customarily located in a shopping center.

In the C-2 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the C-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial;

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

86 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; and 18. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-2 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 10 10 (3) 35 60 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Sec. 27-419420 C-3 Outdoor Commercial District.

A. Intent. The intent of the C-3 Outdoor Commercial District is to provide for retail and wholesale sales and services for commercial activities that require large floor areas and the outside display of products and parking areas. This district provides for large lot development typically located next to collector and arterial streets to accommodate traffic patterns.

In the C-3 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the C-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Recreational Commercial; 16. Vehicular Commercial; 17. Warehousing and Storage; 18. Contractors, Contractor Yards, Storage and Supply; and

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

89 19. Accessory Uses.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-3 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 10 10 (3) 35 60 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

City CollectorCollector Street

Rural RoadRural City City Non-Residential Residential City 30th Avenue StreetRural Street ExpresswayState ArterialArterial (feet) (feet) StreetResidential Corridor (feet) HighwayState Street (feet) Street (feet) (feet) Highway (feet) 301 - - - 25 25 25 1 The minimum setback shall be 25 feet from the property line.

Sec. 27-420421 C-4 Special Commercial District.

A. Intent. It is the intent of the C-4 Special Commercial District to provide space in appropriate locations for certain commercial activities which may particularly impact surrounding neighborhoods. Special provisions are made through these regulations to minimize the adverse effects of such uses on neighboring parcels.

In the C-4 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the C-4 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agricultural and Related Sales and Service; 2. Household Living; 3. Residential Commercial/Institutions; 4. Community Services and Civic Uses; 5. Treatment, Rehabilitation and Incarceration Facilities; 6. Day Care and Educational Institutions; 7. Public Parks and Open Space; 8. Public and Private Utilities; 9. Animal Care; 10. Business and Household Services;

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; 18. Vehicular Commercial; Warehousing and Storage;

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

19. Contractors, Contractor Yards, Storage and Supply; and 20. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-4 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 10 10 (3) 35 60 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

Sec. 27-421422 C-5 Downtown District.

A. Intent. The intent of the C-5 Downtown District is to encourage a wide mix of adaptive reuses of buildings; to stimulate private investment and create a lively downtown. This district should accommodate shoppers, workers, residents and visitors and be a gathering place for community events. Development and improvements in this district should be guided by Main Street’s Design Guidelines and Historic Preservation principles.

In the C-5 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the C-5 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

95 9. Animal Care; 10. Business and Household Services; 11. Financial Services; 12. Food and Beverage Services; 13. General Commercial; 14. Specialized Commercial; 15. Medical Uses; 16. Office Uses; 17. Recreational Commercial; 18. Vehicular Commercial; 19. Warehousing and Storage; 20. Contractors, Contractor Yards, Storage and Supply; 21. Clothing Manufacturing; 22. General Manufacturing (Low Hazard); and 23. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the C-5 District as recommended by the Planning Commission and approved by the City Council.

G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec. 27-314 and as listed in Sec. 27-406 of these regulations. Accessory uses and structures are permitted by right in connection with any lawfully established principal use, except as otherwise expressly provided in these regulations. Accessory uses and structures, including

private parking, shall not be placed on public property, including sidewalks, streets and alleys, unless expressly permitted otherwise.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

97 I. Height and Lot Requirements. The height and lot requirements shall be as follows:

1. Residential Uses and Code Requirements. a. Upper story housing shall be permitted in the C-5 Downtown District by right. b. By conditional use permit, residential housing may be located in the rear half of the ground floor of a commercial building provided that the front half of the ground floor is used only for a commercial use permitted in the C-5 District. c. The front half of the ground floor of a commercial building shall not be used for any residential purpose other than a required exit corridor. d. Before a building permit and/or certificate of occupancy permit is issued, the property owner shall be required to provide the Building Official with stamped architectural or engineering plans for any commercial building that may contain a residential use including fire separation, smoke detection, interconnection and exits according to all city codes. The percentage of floor area designated for residential and commercial uses may vary slightly depending on the architectural or engineering plans approved by the Building Official. e. The applicant for a residence in the C-5 District shall contact the City prior to filing an application to determine supplemental information requirements.

2. Setback Requirements. The front façade of any new building shall require a zero lot line development unless otherwise approved by the Site Plan Review Committee.

3. Off-Street Parking.

Off-street parking must be reviewed by the Downtown Hutchinson Revitalization Partnership (DHRP) Board and the Zoning Administrator and approved by the City Engineer where required.

4. Signs. Signs for buildings and uses within the C-5 District shall be subject to special requirements. An off-premises billboard sign or an electronic message center sign requires a conditional use permit. An off-premises advertising sign requires a special use permit.

5. Landscaping. Landscaping on private lots shall comply with the planting and fencing materials and other site plan requirements approved by the City. The applicant shall provide the City with a landscape plan or planting plan to be reviewed and approved by the City Forester or City Horticulturist prior to the issuance of a building permit or certificate of occupancy.

6. Other Supplemental Regulations. a. Persons choosing to reside in the C-5 Downtown District do so with full knowledge that they will be living in a predominately commercial environment containing different kinds of businesses, activities, noise, lighting and traffic, such as are found in a vibrant and active downtown, and that such conditions are normal aspects of downtown living. b. Upon receipt of an application for consideration by the Planning Commission, Board of Zoning Appeals, or Landmarks Commission for a proposed development within the C-5 Downtown District, the zoning administrator shall notify the Downtown Development Director and the Chairperson of Downtown Hutchinson Revitalization Partnership, Inc., of the date, time and location of the public hearing.

Sec. 27-422423 CR Commercial/Residential District.

A. Intent. The intent of the CR Commercial/Residential District is to encourage the transition of neighborhoods where land use patterns are beginning to change from residential to light commercial with minimal impact to the existing residents. This district provides for a variety of land uses, including office, light retail, schools, churches and public spaces. The design elements of this district are intended to create a distinctive sense of place for the primary vehicular corridors into Hutchinson. This district allows for freestanding office buildings and office parks and may be utilized in concert with the gateway corridor overlay.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

99 In the CR District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the CR District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Household Living; 3. Community Services and Civic Uses; 4. Day Care and Educational Institutions; 5. Public Parks and Open Space; 6. Public and Private Utilities; 7. Animal Care; 8. Business and Household Services; 9. Financial Services; 10. Food and Beverage Services; 11. General Commercial; 12. Specialized Commercial; 13. Office Uses; 14. Recreational Commercial; 15. Accessory Uses;

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the CR District as recommended by the Planning Commission and approved by the City Council.

E. Special Uses.

Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

101 G. Accessory Uses. Buildings and uses customarily incidental to the permitted, conditional or special uses, shall be permitted as provided in Sec. 27-314 and as listed in Sec. 27-406 of these regulations.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Other principal uses 5,000 50 100 25 10 5 35 60 Accessory uses - - - (1) 10 5 35 10 (1) Accessory uses are not permitted in the front yard. J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. A traffic impact study may be required for certain uses as determined by the City Engineer.

Sec. 27-423424 I-1 Light Industrial District.

A. Intent. The intent of the I-1 Light Industrial District is to provide space for light industrial uses for certain low-impact employment and for businesses engaged in heavy commercial and light manufacturing and related uses in a planned industrial/business park setting.

In the I-1 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the I-1 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

B. Compatible Use Categories. The following are use categories identified in Sec. 27-406 of these regulations. Specific use types within these use categories may be allowed as a permitted use, Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail. 102 conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec. 27- 406 to determine the specific uses that are allowed.

1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Facilities; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Metal Processing, Forging, Fabrication (Hazardous); 21. Wood Products Manufacturing; 22. General Manufacturing (Low Hazard); and 23. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-1 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 5 5 (3) - 60 Accessory uses - - - (2) 5 5 - 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Required parking within this district shall be located in the rear yard of the property unless otherwise permitted.

Sec. 27-424425 I-2 Industrial District.

A. Intent.

In the I-2 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the I-2 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Institutions; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Clothing Manufacturing; 21. Metal Processing, Stamping; 22. Metal Processing, Forging, Fabrication (Hazardous); 23. Wood Products Manufacturing;

24. General Manufacturing (Low hazard); and 25. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-2 District as recommended by the Planning Commission and approved by the City Council.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

106 E. Special Uses. Some types of land uses have unique characteristics or impose special impacts on the surrounding environment. Special conditions may be placed on a specific use and parcel in order to mitigate the unique characteristics or negative impacts. Special use permits are granted by the Board of Zoning Appeals.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 5 5 (3) - 60 Accessory uses - - - (2) 5 5 - 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

A. Intent. The intent of the I-3 Heavy Industrial District is to provide land for industrial uses that may pose a serious threat to the health or safety of the general public and individuals either on or off the parcel. Certain uses may require special permission to locate in this district.

In the I-3 District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types permitted in the I-3 District by right, permitted pursuant to meeting design standards, permitted by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations, and all uses shall be subject to the development and performance standards set forth in these regulations.

B. Compatible Use Categories. The following are use categories identified in Sec. 27-406 of these regulations. Specific use types within these use categories may be allowed as a permitted use, conditional use or special use, or may not be permitted. Each use category below contains at least one use type which is allowed in this district. Refer to Sec. 27- 406 to determine the specific uses that are allowed. 1. Agriculture and Related Sales and Services; 2. Community Services and Civic Uses; 3. Day Care and Educational Facilities; 4. Public Parks and Open Space; 5. Public and Private Utilities; 6. Animal Care; 7. Business and Household Services; 8. Financial Services; 9. General Commercial; 10. Specialized Commercial; 11. Medical Uses; 12. Office Uses; 13. Recreational Commercial; 14. Vehicular Commercial; 15. Research and Development; 16. Warehousing and Storage; 17. Contractor, Contractor Yards, Storage and Supply; 18. Large Contracting and Materials Manufacturing; 19. Food Processing and Manufacturing; 20. Clothing Manufacturing;

21. Mining and Excavation; 22. Machinery and Vehicle Manufacturing; 23. Metal Processing, Stamping; 24. Metal Processing, Forging, Fabrication (Hazardous); 25. Wood Products Manufacturing; 26. General Manufacturing (Low Hazard); 27. General Manufacturing (High Hazard); and 28. Accessory Uses.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this District.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the I-3 District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements. The height and lot requirements shall be as follows:

Uses/Structures Minimum Setbacks

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

110 Min. Lot Minimum Minimum Front Yard Rear Yard Side Yard Max. Max. Lot Area Frontage Lot Depth (feet) (feet) (feet) Height Coverage (Sq. Ft) (feet) (feet) (feet) (%) Principal uses 5,000 25 - (1) 10 10 (3) - 60 Accessory uses - - - (2) 5 10 - 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not allowed in the front yard. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table

J. Miscellaneous Provisions. 1. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations. 2. Required parking within this district shall be located in the rear yard of the property unless otherwise permitted.

Sec. 27-426 AE Adult Entertainment District.

A. Intent. It is the intent of the AE Adult Entertainment District to provide for adult entertainment establishments which, by their nature, are known to produce deleterious effects on adjacent development and serious secondary negative impacts to juveniles, especially where such uses are clustered. Special regulations of such uses are therefore necessary to ensure that these and other adverse secondary effects will not impact residential neighborhoods, public and quasi-public institutions and facilities serving the youth of the community.

In the AE District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for use types permitted in the AE District by right, by conditional use permit or by special use permit, according to Sec. 27-406 of these regulations.

B. Definitions.

Adult shall mean any person aged 18 years or older.

Adult Book and/or Video Store shall mean an establishment which offers for sale or rental books, magazines, photographs, films, videos, or other visual representations, and other materials oriented toward representation of sexual activity of any kind. This term does not include occasional sales of books, magazines, videos and other materials that may meet this definition but are not considered obscene pursuant to K.S.A. 22-3901 et. seq.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

112 Adult Entertainment Establishment shall mean any premise which provides adult sexually-oriented entertainment whether live or by motion pictures, videos, photographic reproductions or other means.

This does not include occasional sales of books, magazines, videos, and other materials that may meet this definition but are not considered obscene pursuant to K.S.A. 22-3901 et. seq.

C. Permitted Uses. Permitted uses are allowed outright provided they meet the height and lot requirements for this district.

D. Conditional Uses. Conditional uses are subject to any conditions listed in these regulations and are subject to other conditions relating to the placement of said use on a specific parcel in the AE District as recommended by the Planning Commission and approved by the City Council.

H. Site Plan Review. Site plan review may be required under certain circumstances. Refer to Article X of these regulations.

I. Height and Lot Requirements.

Uses/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Principal uses - 35 - (1) 25 10 (3) 35 25 Accessory uses - - - (2) 5 10 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along a common party wall.

Front Yard Setback Table Rural RoadRural City City City CollectorCollector Street City 30th Avenue StreetRural Street ExpresswayState ArterialArterial Non-Residential Residential StreetResidential Corridor (feet) HighwayState Street (feet) (feet) (feet) Street (feet) (feet) Highway (feet) 301 30 25 25 25 25 25 1 The minimum setback shall be 25 feet from the property line.

J. Miscellaneous Provisions. 1. No adult entertainment use, escort agencies, adult book or video store, or adult novelty store shall be conducted in any manner: a. To allow the merchandise or activities of the establishment to be visible from any point outside of the building or structure containing the use; or b. That permits the observation of any material depicting, describing or relating to sexual activities from any point outside of the building or structure containing such use. 2. The provisions of Subsections 1.a. and 1.b. above shall apply to any display, decoration, sign, window or other opening. 3. No adult use as set out in Sec. 27-426 B. above shall be allowed within 1,000 feet of another existing adult use. 4. No adult use as set out in Sec. 27-426 B. above shall be located within 1,000 feet of any residential zoning district. 5. No adult use as set out in Sec. 27-426 B. above shall be located within 1,000 feet of any bar or tavern. 6. No adult use as set out in Sec. 27-426 B. above shall be located within 1,000 feet of an existing church or place of worship, child care center or educational institution. 7. For purposes of Subsections L.3., L.4., L.5. and L.6. above, measurements shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest point on the property line of the proposed adult entertainment use to the nearest point on the property line of the said uses. 8. No more than one adult entertainment use shall be conducted within any building or structure containing an adult use. 9. 9. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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10. 10. All uses in the AE District shall be subject to all other applicable city codes.

Sec. 27-427 PUD Planned Unit Development District.

A. Intent. The intent of the PUD Planned Unit Development District is to encourage innovation in residential, commercial and industrial development by allowing a greater variety in type, design, and layout of buildings; to encourage the expansion of urban areas incorporating the best features of design while conserving the value of land; to encourage the clustering of buildings and the preservation of open space; and to provide a procedure which relates to type, design and layout of development to the particular site. Certain amenities will be installed at the time of development to preserve property values within established neighborhoods. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions of these regulations.

B. Recommendation and Finding of Facts. The Planning Commission, in its minutes, shall set forth its reasons for recommendation of approval or denial of the application for a PUD District, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions. 1. Said planned unit development shall be in general conformity with the provisions of the Comprehensive Plan. 2. Said planned unit development shall not have a substantially adverse effect on the development of the neighboring area.

C. Use Regulations. In the PUD District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except as shown on the approved final development plan as specified in this section.

D. Standards and Conditions for Development. A planned unit development shall be consistent with the following general standards for use of land, and the use, type, bulk and location of buildings, the density or intensity of use, open space and public facilities:

1. The applicant shall satisfy the Planning Commission that he or she has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of 12 months following the approval of the final development plan by the City Council. A minimum of 50 percent of the total planned construction

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

116 shown on the final development plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the City Council upon review and recommendation by the Planning Commission upon the showing of good cause by the developer. 2. The developer shall provide and record easements and covenants, and shall furnish such performance bonds, escrow deposit, or other financial guarantees for public improvements as may be determined by the City Council to be reasonably required to assure performance in accordance with the final development plan and to protect the public interest in the event of abandonment of said plan before completion. 3. The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development. 4. The development shall not impose an undue burden on public services and facilities, such as fire and police protection. 5. The minimum area allowed for a PUD District shall be three acres. 6. Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD District. 7. The entire tract or parcel of land to be occupied by the planned unit development shall be held in single ownership or control, or if there are two or more owners, the application for such planned unit development shall be filed jointly by all owners. 8. The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned unit development not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved. 9. Off-street parking and loading shall be provided in accordance with the parking and loading regulations. 10. When a commercial or industrial use within a PUD District abuts a residential district, a solid or semi-solid fence or wall at least six feet high, but not more than eight feet high, and having a density of not less than 80 percent per square foot, shall be provided adjacent to any adjoining residential district; except in the event the adjacent residential district and the commercial or industrial use are separated by a street right-of-way. 11. All residential, commercial and industrial buildings shall set back not less than 25 feet from the right-of-way of any street and 10 feet from any district boundary lines that do not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required, when found

reasonable by the Planning Commission and City Council for the protection of health, safety and general welfare. 12. Building coverage shall not exceed 40 percent of the net developable area of the planned unit development. 13. A minimum of 30 percent of the area of that part of a planned unit development reserved for residential use shall be provided for open space as defined by these regulations under Subsection 18 below. Common open space reserved for the leisure and recreation of PUD residents only shall be owned and maintained in common by them through a homeowner's association. 14. The PUD District shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to ensure its continuity, care, conservation, and maintenance, and to ensure that remedial measures will be available to the City Council if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire community. 15. No residential use shall have direct vehicular access onto an arterial street. 16. All commercial and industrial areas must have access via a collector or arterial street; however, no individual commercial or industrial use may have direct access onto collector or arterial streets. 17. Sidewalks shall be built to City specifications along all public and private streets; however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrian access between each use in the planned unit development subject to approval by the Director of Parks and Facilities. 18. Open space as defined under this zoning district shall mean land area of the site not covered by buildings, parking, structures or accessory structures, except recreational structures. Common open space as defined under this zoning district shall mean open space which is accessible and available to all occupants in common by a homeowner's condominiums or resident's association. 19. When a developer intends to design a planned unit development, the Planning Commission and City Council may grant lesser front, side and rear yard setbacks, including zero lot line setbacks.

E. Application for Approval of Preliminary Development Plan. 1. An application for a PUD shall be handled in the same manner as prescribed for amending these regulations. The requirements for notice, advertisement of public hearing, protest petitions, and adoption shall be the same as is required for zoning amendments.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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2. The applicant shall prepare and submit 30 folded copies of the preliminary development plan for review and approval by the planning commission. Said preliminary plan shall include a site plan showing: a. Contours at intervals of two feet or spot elevations on a 100 foot grid shall be required on flat land; b. Location, size, height and use of all proposed structures in conformance with the yard requirements; c. All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces and service areas; d. All streets adjoining subject property and the width of the existing right-of-way; e. Areas set aside for public and/or private open space with the type of recreational facilities planned for each are indicates; f. Designation of individual parcels if the proposed development is to be set up in separate construction phases; g. Designation of individual lots if such lots are proposed to be sold to individual owners; h. Location of required screening; i. Location of natural features such as ponds, tree clusters and rock outcroppings; and j. Existing development on adjacent properties within 200 feet. 3. The above-described site plan shall also include a section designated as “general provisions,” and said section shall include the following when said items are applicable: a. Net area in square feet or acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street right- of-way. If more than one parcel is proposed, designate net area by parcel as well as total net area.); b. Density of dwelling units per acre for the entire development; c. Building coverage of the net area of the planned unit development by individual parcel or total development; d. The percentage of the development plan provided for common open space as defined by this regulation; e. If more than one parcel is proposed, a statement relating to the sequence of development shall be included; f. Required number of off-street parking spaces; g. Gross floor area proposed for commercial buildings; and h. All proposed land uses shall be listed by parcel. 4. A statement and adequate drawings shall be included describing the manner and disposition of utility and stormwater run-off management. 5. The full legal description of the boundaries of the property or properties shall be included in the preliminary development application.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

119 6. A vicinity map showing the general arrangement of streets within an area of 200 feet from the boundaries of the proposed planned unit development shall be included. 7. A description, rendering or drawing of the general characteristics of the proposed buildings shall be included. 8. When a planned unit development includes provisions for private common space or recreational facilities, the applicant shall submit the following to the City: a. A statement describing the provisions that will be made for the care and maintenance for open space to be owned and/or maintained by any entity other than a governmental authority; and b. Copies of the proposed articles of incorporation and bylaws of such entity. 9. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned unit development shall be submitted. 10. The applicant shall provide any other information determined necessary by the City. 11. The Planning Commission shall hold a public hearing on the preliminary PUD after the PUD has been reviewed by City staff after giving notice as required by Kansas law for hearings for zoning amendments. Said public hearing may be adjourned from time to time and, within a reasonable period of time after the conclusion of said public hearing, the Planning Commission shall prepare and transmit to the City Council and the applicant specific findings of fact with respect to the extent which the preliminary plan complies with those regulations, together with its recommendations in respect to the action to be taken on the preliminary PUD. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions. The City Council may or may not approve the preliminary development plan and may or may not authorize the submittal of the final development plan. 12. Substantial or significant changes in the preliminary PUD shall only be made after a public hearing on said changes has been held and said changes have been approved.

F. Approval of Final Development Plan. 1. After approval of a preliminary development plan and prior to the issuance of any building permit, the applicant shall submit to the zoning administrator an application for approval of the final development plan. Said application shall include the entire PUD District or may be for a unit or section thereof as set forth in the approval of the preliminary development plan. The application shall include 30 folded copies of such drawings, specifications, covenants, easements, conditions, and form of performance bond as set forth in the approval of the preliminary development plan and in accordance

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail. 120 with the conditions established in these regulations for a PUD District. The final development plan shall include the same information as the preliminary development plan, except the following shall also be provided: a. A surveyor’s certificate certifying to the accuracy of the boundary surveys shown; b. Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public right-of-way; c. All easements and appropriate building setback lines; d. All lot lines, and lot dimensions including chord distances for curvilinear lot lines; e. Lot and/or parcel numbers; f. Location, size, height, and use of all existing and proposed buildings; g. Dedication of all streets, public highways or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property; h. A final development plan submitted for approval shall be deemed to be in substantial compliance with the approved preliminary development plan, provided any modification of the final development plan by the applicant does not: (i) Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area; (ii) Increase by more than 10 percent the floor area proposed for non-residential use; (iii) Increase by more than five percent the total ground area covered by buildings; (iv) Increase substantially the height of a building; or (v) Substantially change the design of the plan so as to significantly alter: (a) Pedestrian or vehicular traffic flow; (b) The inter-relationship of different land uses; (c) The relation of open space to residential development; (d) The proposed phasing of construction; or (e) The proposed use of one or more buildings to a more intensive use category as delineated in these regulations. 2. A public hearing need not be held for the approval of a final development plan if it is in substantial compliance with the approved preliminary development plan. The Planning Commission shall review the final development plan for compliance with the approved preliminary

development plan. Upon approval, the final development plan shall be submitted to the City Council for final approval and acceptance. 3. In the event that the final development plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit a new preliminary development plan. This preliminary development plan shall be processed in the same manner prescribed in this section as for original submittals 4. The approved final development plan shall be filed and recorded with the Reno County Register of Deeds.

G. Enforcement of and Changes to the Final Development Plan. The mutual benefit of the residents and owners of the planned unit development and the general public shall be considered with regard to preserving the integrity of the final development plan, as approved. Any changes to an approved final development plan: 1. Shall not impair the reasonable reliance of said residents and owners upon the provisions of the plan; 2. Shall not result in changes that would adversely affect the public interest or the enforcement of the provisions of the plan as approved, regardless if such provisions are recorded by plan, covenant, easement or otherwise; and 3. Shall be subject to the following provisions: a. The provisions of the plan relating to: (i) The use of land and the use, bulk, and location of buildings and structures; (ii) The quality and location of common space; and (iii) The intensity of use or the density of residential units shall run in favor of the City and shall be enforceable in law or in equity, by the City, without limitation on any powers or regulation otherwise granted by law. b. All provisions of the plan shall run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to the extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents and owners acting individually, jointly or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the planned unit development except as to those portions of the plan which have been finally approved and have been recorded.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

122 c. If portions of an approved final development plan shall require a plat, an amended final development plan may include only that portion of the final development plan to be platted.

H. Amendments. The PUD District ordinance or an approved preliminary or final development plan may be amended in the same manner as prescribed in this section for approval of a preliminary or final development plan. Application for amendment shall be made by the homeowners association or 51 percent of the owners of the property within the PUD District.

I. Platting. PUD developments shall comply with all platting and subdivision requirements of the City.

J. Fees. Fees for planned unit development applications shall be paid to the City according to the Master Fee Schedule.

Sec. 27-428 GATE Gateway Corridor Overlay District.

A. Intent and Purpose. The intent of the Gateway Corridor Overlay District is to provide design criteria along the key entry corridors into and through the City of Hutchinson. The design criteria will promote creative solutions to help to develop high quality design and visual appeal through landscaping, signage, building material selection, lighting and interior street development. Guiding development in this manner will also aid in the protection of past and future investment in the corridor.

In the Gateway Corridor Overlay District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations.

The purpose of these regulations is to establish criteria for those items that affect the physical and visual environment of the City of Hutchinson. Pertinent to appearance is the design of the site and all elements which are visible to the public.

The criteria contained herein are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in

creative solutions that will develop a high quality visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare.

B. Geographic Area. The Gateway Corridor Overlay District as depicted on the official zoning map, including all lots immediately adjacent to the street right-of-way.

C. Criteria for Application. 1. All developments consisting of more than one principal building or use, multiple-pad development and/or similar mixed-uses shall be required to meet the zoning requirements for a planned unit development (PUD). The PUD process and rezoning shall be in conjunction with preliminary and final plat review and approval. 2. All developments consisting of one principal building with a single use shall comply with the design criteria of this section.

D. Criteria for Appearance. 1. Relationship of Buildings to Site. The site shall be planned to accomplish an effective transition with the streetscape, and to provide for appropriate landscaping, safe pedestrian movement, and required parking areas. a. Site planning in which setbacks and yards are in excess of standard commercial zoning restrictions is encouraged to provide a quality visual relationship between buildings and site. b. Parking areas shall be designed to include decorative elements, building wall extensions, plantings, berms or other innovative means so as to buffer parking areas from view from public ways. c. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated future buildings. d. Newly installed utility services and service revisions necessitated by exterior alterations shall be underground.

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2. Relationship of Buildings and Site to Adjoining Areas. a. Adjacent buildings of different architectural styles shall be made compatible by such means such as buffering, screening, sight breaks and material selections. b. Attractive landscape transitions shall be designed to be compatible with adjoining properties. c. Harmony in texture, lines and masses is required. Monotony shall be avoided.

3. Landscape and Site Treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns and all visible construction except buildings and associated accessory structures. a. Where natural or existing topographic patterns contribute to visual quality and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to appropriate site design and development. b. Grades of walks, parking spaces, terraces and other paved areas shall provide a soft and stable surface for walking and seating. c. Landscape treatments shall be provided to enhance architectural features, strengthen vistas, emphasize access patterns and provide shade. d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. e. Plant material shall be selected for interest in structure, texture, and color and for ultimate growth patterns. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. f. Parking areas and traffic ways shall be enhanced with landscaped islands containing trees or tree groupings. g. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations thereof. Screening shall be equally effective in winter and summer. h. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be designed to a standard that does not impact adjoining properties, especially residential areas. Exterior lighting shall comply

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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with the requirements of Sec. 27-804(G) General Requirements for Sign Illumination. i. Fencing within the Gateway Corridor Overlay District shall not exceed six feet in height unless otherwise permitted. j. Fencing within the Gateway Corridor Overlay District may be required to be a solid fence to meet specific site conditions.

4. Building Design. a. Architectural design and style are not restricted, however architectural style should be consistent throughout the development. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. b. Buildings shall have appropriate scale and be in harmonious conformance with any adjacent neighboring development. c. The primary building material of all portions of the structure shall include but not be limited to materials of high quality, such as brick (clay), stucco, wood, glass, split faced concrete masonry units (CMU) with integrated color pigmentation and stone material. The materials shall be similar and compatible throughout the entire development. The Site Plan Review Committee may recommend other primary building designs for portions of the building not visible from public areas. Other secondary building materials shall have appropriate architectural character and shall be selected for harmony of the building with adjoining buildings. d. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways. e. Materials shall be of durable quality. f. In any design in which the structural frame is exposed to view, the structural materials shall be compatible and harmonious with their surroundings. g. Building components, such as windows, doors, eaves and parapets, shall have appropriate proportion and relationship to one another. h. Colors shall be harmonious and shall use only compatible accents. i. Colors shall be of low reflectance, subtle, neutral or earth tones and shall not be of high-intensity or metallic colors unless the colors are true to the materials beings used. j. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located as not to be visible from any public ways.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

126 k. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. l. Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways. m. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance. n. Building orientation shall be toward the arterial street, unless it is demonstrated that this would not be feasible.

E. Factors for Evaluation. The following factors and characteristics, which affect the appearance of a development, will govern the evaluation of a design submission: 1. Conformance to these regulations and the building design criteria; 2. Logic of design; 3. Exterior space utilization; 4. Architectural character; 5. Attractiveness of material selection; 6. Harmony and compatibility; 7. Vehicular and pedestrian circulation; and 8. Maintenance aspects.

F. Process. 1. All developments within the Gateway Corridor Overlay District shall be required to submit a site plan for review. Refer to Article X. 2. Development approval. All building projects within the Gateway Corridor Overlay District shall comply with the Gateway Corridor Overlay District regulations. The developer shall include maintenance provisions within the scope of the site planning process. 3. Pre-application conference. A pre-application conference with the Site Plan Review Committee is HIGHLY RECOMMENDED to give the applicant an opportunity to discuss plans before a great deal of time or money is expended. 4. Application for Design Review. The applicant shall fill out an application for site plan review and submit it along with other required submittals. See administrative forms for a listing of required submittals. 5. Design review.

Sec. 27-429 AH Airport Hazard Overlay District.

A. Intent. The intent of the AH Airport Hazard Overlay District regulations is to specify land use controls in addition to the underlying zoning district that will ensure a compatible relationship between the Airport operations and other land uses in the vicinity, promote the health, safety and general welfare of the inhabitants and visitors of the City by preventing the creation, establishment or maintenance of hazards to aircraft, preventing the destruction or impairment of the utility of the airports in the City and the public investment therein and protecting the lives and properties of owners or occupants of lands in the vicinity of airports as well as the users of airports and to aid and implement the overriding federal interest in the operation of airports and the security of land surrounding airports.

B. Applicability. The regulations set forth herein are applicable to all lands lying within delineated airport environs adopted as a part of the zoning map and to all lands defined herein. Notwithstanding the airport zoning regulations set out in Chapter 26 of the City Code, the provision of this section as they apply to a parcel of land shall

C. Geographic Area. The Airport Hazard Overlay District as depicted on the official zoning map. The Airport Layout Plan (ALP), together with all explanatory matter therein, is hereby adopted by reference and declared to be a part of these regulations. The boundaries of all airport environs zone delineations shall be defined in Chapter 26 and determined as follows: 1. For recorded lots less than one acre in size, where an airport environs zone enters or crosses a lot, the land use restriction and noise level reduction standards of the more stringent airport environs zone shall apply to the entire lot. 2. For platted and unplatted properties greater than one acre in size, where an airport environs zone enters or crosses the parcel, the regulations associated with more than one zone may apply. The zoning administrator shall use the zoning map, including the applicable airport environs zone, overlaid onto a parcel map to determine the applicable zone. The zoning administrator, in consultation with the Director of Parks and Facilities and the Hutchinson Airport Advisory Board, as appropriate, shall determine the line of demarcation.

D. Zones. In order to carry out the provisions of the AH Airport Hazard Overlay District there are hereby created and established certain imaginary surfaces on the ground and in the airspace above and surrounding the Hutchinson Municipal Airport which are described and subject to the current Federal Aviation Regulations, Part 77 (Objects Affecting Navigable Airspace), Part 25 (Airworthiness Standards) and Part 139 (Certification of Airports) which for the purposes of these regulations shall be herein construed as zones and shall be included in the AH Airport Hazard Overlay District. The various zones are hereby established and specifically defined in Chapter 26.

E. Compatible Use Categories. All uses permitted in the underlying zoning district and deemed appropriate and compatible with maintaining the Airport’s physical facilities and associated air service compatibilities shall be allowed provided they fully comply with all the requirements of Chapter 26. Where there is a conflict between the Airport Hazard Overlay District regulations and any other regulations herein, the Airport Hazard Overlay District regulations shall govern.

F. Permitted Uses. Permitted uses are allowed outright provided the uses and/or related structures meet the requirements of the Airport Hazard Overlay District as defined in Chapter 26.

G. Site Plan Review. Site plans shall be reviewed pursuant to Article X of these regulations.

H. Miscellaneous Provisions. Supplemental regulations including, but not limited to signs, parking, landscaping and fences shall be applied as required under Articles VII, VIII and IX of these regulations.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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Sec. 27-430 HP Historic Preservation Overlay District.

A. Intent. The intent of the HP Historic Preservation Overlay District is to provide means of designating on the zoning map those properties determined by the National Park Service, Kansas Preservation Law and the Hutchinson City Council to be historic landmarks or historic landmark districts.

In the HP District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except in accordance with the regulations in this section, and all uses shall be subject to the regulations of the underlying zoning district and the development and performance standards set forth in these regulations.

B. Definitions. Refer to Chapter 4 of the City Code for additional definitions related to Historic Preservation.

Historic shall include, but is not limited to, cultural, artistic, social, economic, ethnic, or political heritage as well as those conditions meeting the State and Federal conditions and factors.

Historic District shall mean an area designated as an “Historic District” through listing on the Local, State, or National Register of Historic Places and which has definite geographic boundaries. All properties within the geographic boundaries are considered part of the Historic District. However, individual properties and buildings may be classified as non-contributing, contributing or key contributing based on their level of historic significance and their contribution to the overall historic character of the designated area.

Historic Preservation shall mean the preservation of historically, architecturally or culturally significant structures, neighborhoods and sites in order to facilitate the maintenance of the historic attributes of a building, structure or site. This may include the rehabilitation of the building or the restoration of the building to a former condition in accordance with the Secretary of the Interior’s Standards for Rehabilitation.

Historic Structure shall mean any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as

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contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Kansas Register of Historic Places or listed as a contributing structure in a Kansas Register Historic District; (d) individually listed on the City of Hutchinson Local Register of Historic Places or listed as a contributing structure in a Local Register Historic District.

Historic Site shall mean a place of outstanding historical and cultural significance and designated as such by the local, state or federal government.

C. Geographic Area. The Historic Preservation Overlay District as depicted on the official zoning map.

D. Special Criteria for the HP Overlay District. The area defined as the HP Historic Preservation Overlay District shall be governed by Chapter 4 of the City Code.

Sec. 27-431 FP Floodplain Overlay District.

A. Intent and Purpose of the District. The FP Floodplain Overlay District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the Flood Insurance Study for Reno County, Kansas, and Incorporated Areas, and accompanying Flood Insurance Rate Map for the City of Hutchinson, Community Number 200283, Panel Numbers 0277, 0279, 0281, 0282, 0283, 0284, 0287, 0291, 0292, 0293, 0294, 0303, 0305 and 0311, effective January 6, 2010, and any subsequent additions or amendments. The FP Floodplain Overlay District is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established. These regulations are intended to minimize the extent of floods and reduce the height and violence thereof; to minimize the hazard of loss of life and property caused by floods; and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural water courses and drainageways.

B. Geographic Coverage. The Floodplain Overlay District as depicted on the official zoning map.

C. District Regulations. In the Floodplain Overlay District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except in accordance with the regulations of this section, and all uses shall be subject to the regulations of the underlying zoning

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

132 district and the development and performance standards set forth in these regulations.

In areas within the zoning jurisdiction which are designated as an FP Floodplain Overlay District, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined in the City Code and any amendments thereto.

Notwithstanding the requirements of the underlying zoning district, the other requirements of these zoning regulations, and the detailed regulations present in the City Code and any amendments thereto, the following regulations shall supplement the regulations of the underlying zoning district. These regulations shall supersede those of the underlying zoning district where there is a conflict between regulations.

Where by reason of flooding potential, and where the Flood Insurance Study and Flood Insurance Rate Map indicate the possibility of detrimental or limiting conditions for development, no person, firm or corporation shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of the City Code and any amendments thereto. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed with the zoning administrator. The application shall be accompanied by explanatory background information as required of the City Code and any amendments thereto, which shall include as a minimum: 1. Identification and description of the work to be covered by the permit; 2. Description of the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work; 3. Indication of the use or occupancy for which the proposed work is intended; 4. Provisions of plans and specifications for proposed construction; 5. Evidence of compliance with the requirements of the City Code; 6. Signature of the permitted or his authorized agent who may be required to submit evidence to indicate such authority; and 7. Provision of other information as may be required by the Building Official.

D. Intensity of Use Regulations. The lot coverage and intensity of use requirements of the underlying zoning district, which this overlay district supplements, shall be maximum allowable.

E. Height Regulations.

F. Yard Regulations. The yard requirements of the underlying zoning district, which this overlay district supplements, shall be the minimum yard requirements subject to additional requirements as prescribed by these regulations.

G. Sign Regulations. The sign regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for all signs locating in this overlay district.

H. Parking and Loading Regulations. The parking and loading regulations of the underlying zoning district, which this overlay district supplements, shall be the requirements for parking and loading subject to additional requirements as prescribed by these regulations.

Sec 27-432 A-I Airport Industrial Mixed Use District.

A. Intent. The intent of the A-I Airport Industrial Mixed Use District is to provide for airport and airport-related uses in a manner that protects airport operations from encroachments and land use conflicts. This district accommodates the ongoing operational and expansion needs of the airport, including office, retail, dining, lodging (temporary-only), hangars, airplane storage, runways and other, similar uses. In the A-I District, no building, structure, land or premises shall be used or hereafter erected, constructed, reconstructed, moved or altered except for one or more of the use types authorized by this section. All uses shall be subject to the development and performance standards set forth in these regulations.

B. Permitted Uses. In addition to those uses listed in 27-406, Tthe following uses are permitted by right, provided they meet the height, lot, design and other criteria of this district and these regulations: 1. Runways & taxiways 2. Navigational aids 3. Federal Aviation Administration (FAA) approved operational aids 4. General agriculture, excluding feedlots and keeping of farm animals 5. Terminal operations, to include related ticketing and office uses, baggage handling and restaurants

6. Fixed base operations, including charter, agricultural spraying and flight school operations 7. Hangars, maintenance and storage 8. Retail businesses and offices where all activity is inside a building and which emit no electrical or radio interference 9. Light to medium manufacturing operations where the entire operation is conducted within a building and providing no raw materials or manufactured products are stored outside 10. Vehicle rentals and associated vehicle storage 11. Aircraft and vehicle fueling station for support of airport operations

C. Conditional Uses. The following uses are permitted in the A-I District pursuant to obtaining conditional use permit approval by the City of Hutchinson Governing Body, and upon recommendation of the Hutchinson Planning Commission.

1. Temporary living quarters, including short-term stay housing for pilots and passengers, provided said stays shall not exceed 14 days duration.

Conditional Use Permits shall be approved in accordance with the provisions of §27-501 of these regulations.

D. Special Uses. None.

E. Temporary Uses. The following temporary uses may be permitted provided a temporary use permit is obtained and said use is eliminated on or before the expiration date of the permit.

1. Fly-ins 2. Festivals 3. Farmer’s markets 4. Retail sales 5. Air shows 6. Aircraft demonstrations

Temporary use permits shall require approval by the Airport Manager, or designee.

F. Accessory Uses.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

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Buildings and uses customarily incidental to the permitted or conditional uses specified in this section shall be permitted, including public works facilities, maintenance garages and storage facilities.

G. Site Plan Review. Site plan review shall be required when proposed construction meets the criteria established in §27-1001 of these regulations.

H.G. Height and Lot Requirements.

Use/Structures Min. Lot Minimum Minimum Minimum Setbacks Max. Max. Lot Area Frontage Lot Depth Front Yard Rear Yard Side Yard Height Coverage (Sq. Ft) (feet) (feet) (feet) (feet) (feet) (feet) (%) Other principal uses 5,000 50 50 (1) 10 5 35 60 Accessory uses - - - (2) 5 5 35 10 (1) Refer to the Front Yard Setback Table below. Front yard setbacks are based upon the zoning of the lot and the classification of the street or road adjacent to the lot. (2) Accessory uses are not permitted in the front yard setback. (3) No side yard setback shall be required along the common party wall.

Front Yard Setback Table

Rural RoadRural City City City CollectorCollector Street City 30th Avenue StreetRural ExpresswayState ArterialArterial Non-Residential Residential StreetResidential Corridor Street (feet) HighwayState Street (feet) (feet) (feet) Street (Public or (feet) Highway (feet) Private) (feet) N/A N/A 25 N/A N/A 10 N/A

I.H. Miscellaneous Provisions. Supplemental regulations including, but not limited to, signs, parking, landscaping and fences shall be applied as required in Articles VII, VIII and IX of these regulations, and as follows:

1. Signs. Signs shall conform with the requirements of the I-3 Zoning District. 2.1. Parking. Parking requirements shall be determined based upon the use type. For use types not listed in §27-702, the following standards shall apply: a. Commercial Hangars. One per employee on maximum shift, plus two. b. Private Hangars. Two parking spaces. 3.2. Landscaping. Landscaping shall conform with the industrial design requirements of the I-3 Zoning District. 4.3. Fencing. Maximum fence height shall be eight feet, plus the required height for barbed wire, as needed for security purposes.

Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only

136 EXHIBIT B

Sec. 27-202 Definitions.

30th Avenue Corridor shall mean that area along 30th Avenue in the City of Hutchinson, Kansas, 225 feet in depth along the north and south sides of 30th Avenue, from Waldron Street to K-61 Highway.

Abandonment shall mean the cessation or discontinuance of a use or activity without intent to resume, as distinguished from short term interruptions such as periods of remodeling or maintenance or normal periods of vacation or seasonal closure.

Abut, Abutting shall mean touching or contiguous; as distinguished from lying near.

Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by these regulations.

Accessory Building or Structure shall mean any detached or attached building or portion of a principal building that is subordinate in size and function and serves a function customarily incidental to that of the principal building or principal use of the premises but is not used for dwelling purposes. Customary accessory buildings include garages, carports, tool sheds and similar structures.

Accessory Dwelling Unit shall mean a subordinate dwelling located on the same zoning lot as the primary structure and which meets the design standards and use restrictions of these regulations.

Accessory Use shall mean a use of land customarily incidental and subordinate to the principal use on the same zoning lot or tract.

Active Recreation shall mean those outdoor uses that require more than sitting, walking or casual cycling, such as, but not limited to: golf (disc, traditional, foot); aquatic facilities (swimming pools, water parks, splash pads); skate parks; bmx parks and other, similar uses. Active recreation does not include motorized recreation.

Adjacent shall mean adjoining, contiguous or abutting.

Adult shall mean any person aged 18 years or older.

Adult Care Home shall mean any nursing facility, nursing facility for mental health, intermediate care facility for the mentally disabled, assisted living facility, residential health care facility, home plus, boarding care home or adult day care facility. Adult Day Care Facility Center shall mean any place or facility operating less than 24 hours-a-day caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment, need supervision of or assistance with activities of daily living.

Adult Entertainment Establishment shall mean any premise which provides adult sexually-oriented entertainment whether live or by motion pictures, videos, photographic reproductions or other means.

Adult Entertainment shall mean services, products, or entertainment as detailed in Sec. 27-426: AE Adult Entertainment District.

Adult Family Home shall mean any private residence in which care is provided for not less than 24 hours in any week for up to four adult clients who (1) are not related within the third degree of relationship to the owner or provider by blood or marriage, (2) by reason of aging, illness, disease or physical or mental infirmity are unable to live independently but are essentially capable of managing their own care and affairs. The home does not furnish skilled nursing care, supervised nursing care or simple nursing care. “Adult family home” does not mean “adult care home.”

Adult Novelty Store shall mean a commercial establishment offering for sale visual materials, printed matter, instruments, devices, and other paraphernalia designed and intended for use in connection with sexual activities. This does not include occasional sales of books, magazines, videos, and other materials that may meet this definition but are not considered obscene pursuant to K.S.A. 22-3901 et. seq.

Agricultural Operations see “Agricultural UseFarming.”

Agricultural Chemical Manufacture / Storage shall mean the manufacture or storage of chemicals typically associated with, or intended to be used for, agricultural purposes, including defoliants, herbicides, fertilizers, insecticides and pesticides.

Agricultural Use shall mean the use of a tract of land under one ownership for growing crops, pasturage, horticulture, commercial nurseries and greenhouses, truck farms, dairying, or the raising of poultry or cattle and other livestock, including commercial feedlots and the structures necessary for carrying out farming operations and the dwelling(s) of those owning and/or operating the premises such as a member of the family thereof or persons employed thereon and their families. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use.

Airport shall mean the Hutchinson Municipal Airport or future airports owned and operated by the City of Hutchinson, unless otherwise specified.

Alley shall mean a dedicated public right-of-way other than a street, which affords a secondary means of access to the side or rear of lots.

Alteration shall mean any change, addition or modification in construction or use of an existing building or structure.

Amateur Radio shall mean radio equipment and associated antennas or support structures for the purpose of receiving or transmitting communications by a radio station as described in Section 153(g) of Title 47 of the CFR and which is operated under license by the FCC.

Animal Breeder Premises shall mean any premises where all or part of six or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered, or maintained for sale, primarily at wholesale for resale to another. See also: “Breeder Premises” and “Hobby Breeder Premises.”

Animal, domestic (household pet) shall mean any animal customarily kept by humans for companionship or as a service animal, including but not limited to dogs, cats, rabbits, hamsters, mice, turtles, aquarium fish and the like.

Animal, domestic (farm) shall mean cattle, horses, sheep, poultry and similar animals commonly found on farms.

Apartment shall mean a room or a suite of rooms in an apartment house or multiple family dwelling arranged, used, designed, or suitable for use by one or more persons as a place of residence with a kitchen or culinary accommodations. See also: “Dwelling Unit.”

Apartment Complex shall mean a building or buildings containing apartments used as a place of residence for more than two households.

Apartment House see “Dwelling, Multiple Family.”

Applicant shall mean the owner or duly designated representative of land proposed to be subdivided, or for which a special use permit, conditional use permit, temporary use permit, zoning amendment, variance, appeal, exception, building permit, certificate of occupancy or other similar administrative permit has been requested. Consent shall be required from the legal owner or his legal representative in writing, except for building permits and zoning certificates.

Appurtenances shall mean the visible, functional objects accessory to and part of buildings.

Aquaculture shall mean the growing and harvesting of plant or animal organisms in a natural or artificial aquatic situation that requires a body of water.

Aquaponics shall mean a food production system that combines conventional aquaculture with hydroponics in a symbiotic environment.

Architectural Style shall mean the characteristic form and detail of buildings of a particular historic period.

Area shall mean a piece of land capable of being described with such detail that its location may be established and boundaries definitely ascertained.

Area of Influence shall mean that area approved by the Governing bodies of the City of Hutchinson and Reno County within which the City has commenting authority on proposed development projects, as delineated on the approved Area of Influence Map.

Artisanal Manufacturing Shop shall mean a person or business that makes a high- quality, distinctive product in small quantities, typically by hand. Examples of artisanal manufacturing include, but are not limited to, breadmaking, woodworking, craft beer making and candy making. store, workshop or studio owned or operated by an artist or group of artists where hand-made arts and crafts are produced and sold, including but not limited to, jewelry, blown glass, pottery and candles. This definition is intended for shops that engage in small-scale production that may create noise, dust, heat or other impacts but at a scale and frequency that do not harm or interfere with the operations of neighboring businesses or residences.

Assisted Living Facility shall mean any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours-a-day, seven days-a-week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by these regulations. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited-term basis, or, if limited in scope, on a regular basis.

Athletic fields shall include fields designed for soccer, baseball, football and similar types of active recreation. Fields designed for motorized sports shall not be considered athlethic fields.

Attached shall mean that a foundation, wall or roof of a building or structure is connected to and supported by the foundation, wall, or roof of another building or structure.

Automotive and Machinery Repair Shop shall mean a building used for the repair of motor vehicles or machinery, including body repair and painting, provided that all such repairs shall be conducted wholly within a completely enclosed building.

Automotive Sales Area shall mean an open or enclosed area not on a public right-of- way used for the display or sale of new or used motor vehicles or trailers by one required to be licensed as a motor vehicle dealer by the State of Kansas, and where no repair work is done except minor incidental repair of motor vehicles or trailers to be displayed and sold on the premises.

Automotive Service Facility shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail any fuel, oils or accessories, and offering services such as lubrication, replacement or installation of minor parts and accessories for use in or on any motor vehicle. Body repair and painting are not included in this definition.

Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. See also: “Drinking Establishment.”

Basement shall mean that portion of a building which is partly or wholly below grade. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground.

Bed and Breakfast shall mean an owner-occupied residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short- time periods, sleeping rooms and meals are provided for one or more persons, provided that where the bed and breakfast is located in a residential district, there shall be a maximum of six three sleeping rooms.

Bed and Breakfast Inn shall mean a bed and breakfast facility with four or more guest rooms.

Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character of an area.

Block shall mean a series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, parks, open land, or waterways.

Board of Zoning Appeals shall mean that board which has been created by the Governing Body, said board having jurisdiction and the statutory authority to hear and determine special use permits, exceptions and variances to these zoning regulations and appeals of determinations of the zoning administrator.

Boarding or Lodging House shall mean a building or structure which is kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, and which maintains common facilities for the serving or preparation of food for such guests.

Breeder Premises shall mean any premises where all or part of one or two litters of dogs or cats, or both, are produced, whether or not they are offered for sale or are offered to prospective owners at no charge. See also: “Animal Breeder Premises” and “Hobby Breeder Premises.”

Brew Pub shall mean a restaurant, bar or hotel which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops and yeast into beer or ale by mashing, cooking and fermenting.

Brewery shall mean a licensed industrial use that distills, rectifies, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor, beer or cereal malt beverage. This does not include a microbrewery, brew pub or farm winery.

Buffer shall mean a strip of land established to separate one type of land use from another land use or between a land use and a private or public street. See also: “Screening.”

Buildable Area shall mean that part of a zoning lot not included within the required yards or subject to other restrictions herein required where buildings can be constructed.

Building shall mean a structure having a roof supported by columns or walls intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals or property; and when separated by firewalls each portion of such structure so separated shall be deemed a separate building.

Building, Completely Enclosed shall mean any building having no outside openings other than ordinary doors, windows and ventilators.

Building, Principal shall mean a building in which is conducted the principal uses of the lot or parcel upon where it is situated. See also: “Use, Principal.”

Building Code shall mean the adopted building codes of the City of Hutchinson including but not limited to fire codes, electrical codes, property maintenance codes and fuel gas codes.

Building Complex shall mean two or more buildings on the same lot or premises sharing one or more common access and parking facilities.

Building Height shall mean the vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or flat roof, to the deck line of mansard roof, and to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs. Building Height

Building Line see “Setback”

Building Official shall mean the Building Official of the Inspections Department of the City of Hutchinson or his/her authorized deputy, agent or representative.

Bulk Regulations shall mean regulations in the zoning ordinance which control the size and relationship of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling maximum height, maximum lot coverage, and minimum width of yards and setbacks.

Carport shall mean a permanent roofed structure with not more than threetwo enclosed sides used or intended to be used for motor vehicle or recreational vehicle shelter.

Centralized Sewer shall mean a private central sewer treatment facility for a single subdivision, community, or region with an accompanying collection network. Such system must comply with all requirements of the Reno County Sanitation Code and KDHE.

Centralized Water shall mean a private water supply system for a single subdivision, community or region with an accompanying distribution system. Such system must comply with all requirements of the Reno County Sanitation Code and KDHE.

Child Day Care Center shall mean a facility operating in accordance with K.A.R. 28-4- 420 et seq. and any amendments thereto, which (1) provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening and nighttime care; or (2) provides before and after school care for school-age children. The term does not include the following: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; (b) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; or (c) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations.

City shall mean the City of Hutchinson, Kansas. Also, “City Council” or “Governing Body.”

City Attorney shall mean the City Attorney of the City of Hutchinson or his/her authorized deputy, agent or representative.

City Council shall mean the Hutchinson City Council.

City Engineer shall mean the City Engineer of the Engineering Department of the City of Hutchinson or his/her authorized deputy, agent or representative.

City Limits shall mean the established corporate boundary of the City of Hutchinson.

Clinic shall mean an office building or a group of offices for one or more professionals licensed to practice by the State Board of Healing Arts or subsequent agency, engaged in treatment of the sick or injured, which are not lodged overnight.

Club shall mean a nonprofit association or organization formed for fraternal, social, educational, philanthropic or other similar purpose, including professional organizations, unions and other similar organizations.

Club, Class A shall mean a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them.

Club, Class B shall mean a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

Code shall mean the Municipal Code of the City of Hutchinson.

Coffee Kiosk shall mean a retail food business in a freestanding building that sells coffee or other nonalcoholic beverages and pre-made bakery goods from a drive-through window to customers seated in their motor vehicles for consumption off the premises and that provides no indoor or outdoor seating.

Collection Bin, Free Standing shall mean a large box, bin, or drop-off container located on a parcel of land for the purpose of collecting materials such as clothing, household items, paper, metal or glass to be reused, recycled, sold or donated.

Columbarium shall mean a structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.

Commercial Entertainment shall mean those typically privately-held recreational and entertainment facilities intended to operate for-profit. Commercial entertainment includes such uses as movie theatres, drive-in theatres, miniature golf, motorized recreation and drone parks.

Commission shall mean the City of Hutchinson Planning Commission.

Common Area shall mean an area of land or water or combination thereof used for passive or active recreation, private streets, private alleys, driveways, off-street parking, loading areas, swimming pools, tennis courts, and similar types of uses in association with one or more principal uses.

Community Center shall mean a place, structure, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve various segments of the community.

Community Garden shall mean a parcel of land gardened collectively by a group of people which may include the sale of produce, herbs, flowers, and other by-products of the garden produced on site.

Community Sanitary Sewer System see “Centralized Sewer.”

Community Water Supply System see “Centralized Water.”

Compact Development shall mean an infill residential development of at least 3 dwelling units per lot, which is permitted to have access from a public or private street. Compatible Use shall mean a land use which is congruous with, tolerant of, and has minimal adverse effects on existing neighboring uses. Compatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical interference and radiation.

Comprehensive Plan shall mean the adopted Comprehensive Plan of the City of Hutchinson, Kansas, which sets forth policies for the present and foreseeable future community welfare as a whole and meets the purposes and requirements of the residents of the City of Hutchinson and its planning and zoning jurisdiction.

Conditional Use shall mean a use where allowed by the district regulations that may not be appropriate throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics will not be detrimental to the public health, safety and general welfare. All conditional uses require review by the Planning Commission and approval by the City Council.

Conditional Use Permit shall mean the documentary evidence of authority granted by the City Council in accordance with these regulations which allows establishment of a conditional use at a particular location.

Condominium shall mean a multiple dwelling building as defined herein whereby the title to each dwelling unit is held in separate ownership and the real estate on which the units are located is held in common ownership solely by the owners of the units with each having an undivided interest in the common real estate.

Congregate Living shall mean a home or other building where dwellers reside in individual rooms or apartments but have meals in a common area. Examples of congregate living include assisted living facilities, boarding houses, rooming houses, group homes, dormitories, fraternities and sororities.

Conservation shall mean the protection and care that prevents destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

Contiguous shall mean the same as “Abut” or “Abutting.”

Convenience Store shall mean an establishment engaged in the retail sale of food, beverages and other household supplies to customers who purchase only a relatively few items. There may also be fuel products such as gasoline and diesel available as part of the use, but shall not include motor vehicle repair.

Correctional Facility shall mean a facility providing housing and care for individuals confined for violations of law. Typical uses include jails, prisons and juvenile detention centers.

Cottage Court shall mean a development having a single accessway that provides for a minimum of three single family residential units, whether attached or detached.

Court shall mean an open space on the same lot with a building or buildings that is bounded on two or more sides by such buildings.

County shall mean Reno County, Kansas.

County Health Officer shall mean the Director of the County Health Department or such person designated to administer the health regulations of Reno County.

Cul-de-Sac shall mean a right-of-way with one end open to traffic and the other end permanently terminated by a vehicular turn-around.

Curb Cut shall mean an opening in the curb of a street or other type of passageway which enables vehicles to enter upon a parcel from a public street.

Day Care Home, Licensed shall mean a facility operating in accordance with K.A.R. 28- 4-113 et seq. and any amendments thereto, in which care is provided for a maximum of 10 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE.

Day Care Home, Licensed Group shall mean a facility operating in accordance with K.A.R. 28-4-113 et seq. and any amendments thereto, in which care is provided for a maximum of 12 children under 16 years of age and includes children under 11 years of age related to the provider. There are specific criteria for meeting this definition as administered by KDHE.

Deck shall mean a flat, floored, roofless structure. Roofless does not include a roll-out awning or a canopy provided that all the vertical sides, other than the residential structure are open.

Dedicate shall mean to transfer property rights from the property owner to another person or entity.

Detention Center shall mean a juvenile detention facility as defined in K.S.A. 38-1502(i) and K.S.A. 38-1602(f) which requires a license pursuant to K.S.A. 65-501 et seq. Detention centers may be subject to licensing requirements included in K.A.R. 28-4-351 through 360. There are specific criteria for meeting this definition as administered by KDHE. facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail and prison.

Developer shall mean the legal or beneficial owner or owners of all the land proposed to be included in a development or the duly authorized agent thereof. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 40 years, or other persons having an enforceable proprietary interest in such land shall be deemed to be a developer for all purposes of these regulations.

Development shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required.

Director of Parks and Facilities shall mean the Director of the Parks Department of the City of Hutchinson or his/her authorized deputy, agent or representative.

Director of Planning and Development shall mean the Director of the Planning and Development Department of the City of Hutchinson or his/her authorized deputy, agent or representative.

Director of Public Works shall mean the Director of the Public Works Department of the City of Hutchinson or his/her authorized deputy, agent or representative.

Domestic Animal see “Household Pet.”

Drainage shall mean the removal of surface water from land through grading, installation of surface drains, construction of below surface drains and other means.

Drainageway shall mean a man-made or natural conveyance that transports stormwater over land which is frequently referred to as a channel, swale, ditch, gully, stream or watercourse.

Drinking Establishment shall mean any premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

Drive-In Restaurant shall mean a restaurant where customers order food and beverages from order boxes, typically located in each parking stall, and the order is delivered to the car by an employee of the restaurant.

Drive-In FacilityThru shall mean an establishment where customers can be served without leaving the confinement of their vehicle; where vehicles wait in a line to order and be served (as distinguished from drive-in facilities, where items are delivered to waiting vehicles parked in traditional parking spaces). .

Drive-Thru Restaurant shall mean a restaurant where customers order food and beverages without leaving their vehicles from one or two order boxes and wait in a line to be served.

Driveway shall mean any vehicular access to an off-street parking or loading facility.

Dump see “Landfill.”

Duplex shall mean the same as “Dwelling, Two Family.”

Dwelling shall mean a building or portion thereof containing complete housekeeping facilities, including living, sleeping, toilet, bath, and eating areas for one household. Dwellings shall contain a minimum of 600 square feet of floor area, unless classified as an Accessory Dwelling Unit or a Compact Dwelling / Economy Home. room or group of rooms in any building or portion thereof, including manufactured homes, expressly designed, designated and used exclusively to provide living quarters for one and only one household, containing a minimum of 600 square feet of floor area and exclusive of any additions to the structure not corresponding to the construction and appearance of the main unit.

Dwelling, Multiple Family shall mean a building or buildings identified, designed, used or suitable for use as a residence for three or more families living in separate apartments.

Dwelling, Single Family shall mean a building having accommodations for or occupied exclusively by one family.

Dwelling, Single Family Attached shall mean a single family dwelling unit that is attached to one or more additional single family dwellings. Said dwelling units are separated by an un-pierced common wall or walls (as required by local codes) through the center of the structure that also sits along the property line separating ownership of the structure. See also: “Dwelling, Two Family” and “Townhouse.”

Dwelling, Two Family shall mean a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family.

Dwelling Unit shall mean a building or portion thereof containing complete housekeeping facilities, including living, sleeping, toilet, bath, and eating areas for one household. See also: “Dwelling.”

Easement shall mean an authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property.

Eating Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere.

Economy Home shall mean a single family residential dwelling unit that is a minimum of 400 square feet in size and a maximum of 800 square feet in size.

Educational Institution shall mean a public or private institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such institutions must meet all criteria and standards as established by the Kansas State Board of Education or other respective authority having jurisdiction over the institution.

Effective Date shall mean the date that these regulations shall have been adopted or amended, or the date land areas became subject to the regulations contained in these regulations as a result of such adoption or amendment and any subsequent publication as required by law.

Emergency Shelter shall mean a facility providing 24-hour residential care and protection for a period not to exceed 30 days and which provides the resident access to the surrounding community.

Encroachment shall mean advancement or intrusion beyond the lines or limits as designated and established by these regulations, or an infringement or trespass into or upon the possession or right of others without permission.

Enlargement shall mean the expansion of a building, structure or use in number, volume, size, area, height, length, width, depth, capacity or ground coverage.

Exception shall mean the allowance of a use with specific conditions in a given zoning district by special use permit where specifically authorized by these regulations or to the standards required by these regulations and authorized by Section 27-503.

Exotic Animal Please refer to7 Chapter 7, Section 7-102 of the Hutchinson Municipal Code for the definition of an Exotic Animal.

Exterior Lighting shall mean lights installed outdoors on an outside wall, a roof, a standard pole or other device, not including lights that shine on or which are a part of a sign but including security lights, flood lights, decorative lights, parking lot lights and similar lights.

Extraterritorial Jurisdiction shall mean the area beyond the corporate limits of the City in which the City has been granted the powers by the County to apply comprehensive planning, zoning and subdivision regulations and is exercising such powers.

Facade shall mean the entire building front, including the parapet.

Factory shall mean a building(s) or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use.

Family shall mean an individual or two or more persons related by blood, adoption or marriage, or a group of not more than four persons (including servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

Federal Communications Commission (FCC) shall mean the federal agency charged with licensing and regulating wireless communication at the national level.

Feedlot Non-Commercial shall mean the confinement of domestic animals in buildings, lots, pens, pools or ponds which are being maintained for non-commercial purposes.

Feedlot, Commercial shall mean the feeding of livestock, poultry or small animals for commercial purposes usually in lots, pens, ponds, sheds or buildings where food is supplied primarily by means other than grazing, foraging or other natural means. a livestock feedlot or feed yard as defined by K.S.A. 47-1501 as amended from time to time, licensed by and operated under standards set forth by the Kansas Livestock Commission.

Fence shall mean a freestanding structure enclosure or barrier intended to provide privacy, protection, security, screening or confinement, or to redirect a person’s travel. 1. Fence, Live shall mean landscape material of at least four feet in height consisting of plants which retain leaves or needles throughout the year and obscure the view between parcels and uses. 12. Fence, Open shall mean a fence of approved material, which has, for each one-foot-wide segment extending over the entire length and height of the fence, 50 percent or more of its surface area in open spaces which affords direct views through the fence.

23. Fence, Solid shall mean a fence of approved material, excluding chain link with slats, which obscures at least 90 percent of vision through each one- foot-wide segment extending over the entire length and height of the fence.

Fireworks, Class C shall mean common fireworks and firecrackers sold for consumer use. Consumer fireworks include shells and mortars, multiple tube devices, Roman Candles, rockets, sparklers, firecrackers with no more than 0.05 grams of powder and novelty items such as snakes, airplanes, ground spinners, helicopters, fountains and party poppers. In general consumer fireworks are: United States Department of Transportation Class C 1.4GUN0336.

Fireworks Stand shall mean any tent or shelter used for the retail sale of fireworks on a temporary basis.

Flammable or Explosive Material shall mean any substance which decomposes through detonation or which is intense burning. In addition, any substance which is considered an “explosive” or a “flammable liquid” as defined in Division IV of Article I of the City of Hutchinson Fire Code shall be considered a flammable or explosive material.

Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land area, resulting from the over flow of creeks, rivers or streams, or from the unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain shall mean land area subject to inundation from surplus storm water as defined by a FEMA Flood Insurance Study and as depicted on a Flood Insurance Rate Map. The floodplain is the area adjacent to the floodway which on average has a one percent chance of flooding in any year.

Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (one percent annual chance flood) without cumulatively increasing the water surface elevation more than one foot. Food Sales shall mean establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops.

Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside stand, industrial-feeding establishment, catering kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. Said uses shall comply with all local and state regulations.

Freestanding Canopy shall mean a permanent, freestanding, unenclosed roof structure, typical of gas stations and financial institutions, designed to provide patrons shelter from the elements.

Front shall mean the part or side of a building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for that building or structure.

Frontage shall mean the portion of a parcel of propertyor lot which abuts a dedicated public street or ,highway or private roadway. 1. Lot Frontage shall mean the distance for which the front boundary line of the lot and the right-of-way are coincident. 2. Street Frontage shall mean all of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting one side between an intersecting street and the dead-end of the street.

Funeral Home / Mortuary shall mean a building used for the temporary storage, preparation and viewing of the deceased and for the performance of rituals and ceremonies connected therewith before burial or cremation. Crematoriums are permitted as an accessory use to a funeral home/mortuary provided they are licensed by the Board of Mortuary Science Examiners and have received an establishment permit to operate as required by the State of Kansas and must meet all federal regulations.

Garage, Private shall mean any detached accessory building or portion of a principal building designed or used for the housing and storage of motor vehicles and other property which belong to, or are provided for the exclusive use of, the occupants of the lot or premises upon which such building is located and having no provisions for the commercial repair or upkeep of such vehicles.

Garage, Public shall mean any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, keeping and/or repair of motor vehicles. Garage, Repair shall mean a building designed and used for the storage, care, repair or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work as a commercial business. See also: “Service Station.”

Garage Sale or Yard Sale shall mean a temporary residential accessory use, not exceeding more than four events per calendar year and three consecutive days per event, whereby items accumulated during the everyday residential use of a dwelling are sold.

Garden shall mean a plot of ground gardened by the owner or lessor of the premises.

Gas Station shall mean a building and premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail. A gas station is not a service station and is not operated as a convenience store.

Governing Body shall mean the City Council of the City of Hutchinson, Kansas.

Grade shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Green shall mean an environmentally sensitive and sustainable approach to site and building design, the rehabilitation of existing buildings and the reuse of materials from the demolition process.

Green Space shall mean an open space available for unstructured recreation and landscaping consisting of grassy areas and trees.

Greenhouse shall mean a commercial building or premises used for growing plants, preparation of floral arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or horticultural purposes.

Greenhouse, Noncommercial Accessory shall mean a building constructed primarily of glass, plastic or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables or other plants intended for private use and not for sale.

Gross Floor Area shall mean the sum of the horizontal areas of all stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall.

Ground Cover shall mean plant materials or approved inorganic materials used in landscaping which may be intended to keep the soil from being blown or washed away and which remain less than 24 inches in height at maturity. Turf grass is excluded.

Ground Level shall mean the grade at the public right-of-way edge or parcel boundary edge, whichever applies.

Ground Water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated.

Group Boarding Home shall mean a facility which operates in accordance with K.A.R. 28-4-268 et seq. and any amendments thereto, which provides residential care for not less than five nor more than ten persons unrelated to the caregivers, and which provides residents access to the surrounding community and includes emergency shelters and maternity homes. There are specific criteria for meeting this definition as administered by KDHE.

Half-Way House shall mean a licensed home for individuals on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently.

Hard Surface shall mean any permanently applied asphalt or concrete surface of an approved thickness, or other approved surface, excluding asphalt millings with or without a slurry seal, and excluding crushed rock, gravel, loose fill material, grass, sand and dirt.

Hazardous Waste shall mean waste materials including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment as defined by state and local regulations.

Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged so as to form a physical barrier or enclosure.

Hobby Breeder shall mean any person who operates a hobby breeder premises.

Hobby Breeder Premises shall mean any premises where all or part of three, four, or five litters of dogs or cats, or both, are produced for sale or are sold, offered or maintained for sale. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than 30 individual animals.

Home Occupation shall mean a commercial occupation or activity conducted by a person within a dwelling unit or accessory building of said person’s primary place of residence, which is clearly incidental and secondary to the use of the premises for dwelling purposes.

Homeowners Association shall mean a community association which is organized in a development in which individual owners share common interests in open space or facilities. The homeowners association usually holds title to reserve areas, manages and maintains the common area, and enforces certain covenants and restrictions.

Hospice shall mean a facility serving as a medical and residential facility for end of life treatment, providing inpatient services and support services for families of the residents and patients.

Hospital shall mean a building or group of buildings having room facilities for one or more patients, used for providing services for the inpatient medical and surgical care of ill or injured persons, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities and staff offices; provided, however, that such related facilities must be incidental and subordinate to the principal use and must be an integral part of the hospital operation.

Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations at a daily rate to the general public and providing associated services such as restaurants, meeting rooms, and recreational facilities. The term “hotel” includes “motel” and other similar transient accommodations.

Household shall mean one or more persons related by blood, marriage, adoption or guardianship; or four or less persons, not so related, who occupy a dwelling unit and live as a single housekeeping unit.

Household Pet shall mean any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter.

Hydroponics shall mean a method of growing plants using mineral nutrient solutions, in water, without soil.

Impervious Surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as conventionally surfaced streets, sidewalks, parking lots, driveways, and the roofs of buildings.

Industry shall mean the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

Infill Development shall mean the development of vacant or underutilized land located in a predominately built up area.

Infrastructure shall mean facilities and services needed to sustain industryindustrial, residential, commercial, and all other land-use activities, including water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc.

Inoperable Vehicle Storage shall mean those vehicle storage areas permitted as an accessory use to permitted auto repair uses and does not include salvage uses.

Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with low intensity uses.

Junk shall mean any worn-out, cast-off, old or discarded articles of scrap metal, copper, brass, iron, steel, wood, rope, rags, batteries, paper, trash, rubber, debris, appliances, waste, construction and demolition debris, dismantled or wrecked motor vehicles or parts thereof, and other old or scrap materials including ferrous or nonferrous material, and any other material defined as junk by local and state regulations. Junkyard shall mean an establishment which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of a salvage yard or motor vehicle graveyard. Junkyards shall comply with all local and state regulations.

Kennel see “Breeder Premises,” “Animal Breeder Premises” and “Hobby Breeder Premises.”

Landfill shall mean a site established for disposing of solid wastes in a manner that minimizes environmental hazards which is operated in accordance with the regulations of KDHE.

Landscape shall mean plant materials, topography and other natural physical elements combined in relation to one another and to man-made structures.

Landscaping shall mean the improvement of a lot, parcel or tract of land with grass, shrubs, plants and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains and statuary, and other similar natural and artificial objects designed and arranged to produce a visually pleasing effect.

Large-scale assembly shall mean a public or institutional type of building(s), which contains more than 20,000 square feet of gross floor area.

Large Truck or Trailer shall mean a vehicle used for hauling loads or trailers along streets and highways. Large trucks include tractor trailer rigs, delivery trucks, cement trucks, dump trucks, and other such heavy duty commercial vehicles. All motor vehicles wider than seven feet six inches or higher than eight feet shall be classified as large trucks for the purposes of these regulations. Semi-trailers shall be classified as large trailers.

LEED shall mean a professional credential that means Leadership in Energy and Environmental Design as administered and regulated by the United States Green Building Council.

LEED-ND shall mean a professional credential within the overall LEED program meaning Leadership in Energy and Environmental Design – Neighborhood Design as administered and regulated by the United States Green Building Council.

Liquor Store, Package shall mean an establishment in which alcoholic beverages in original containers are sold for consumption off the premises.

Live Fence see “Fence, Live.”

Live/Work Unit shall mean a single unit (studio, loft or one bedroom) consisting of both a commercial and residential component that is occupied by the same person. The live/work unit shall be the primary dwelling of the occupant.

Livestock shall mean cattle, horses, sheep, poultry and similar animals raised for domestic use or sold for profit.

Loading Space shall mean an off-street space or berth on the same lot with a main building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress.

Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded subdivision plat or has been recorded prior to the adoption of these regulations, or a parcel of real property delineated on an approved record of survey, lot split or tax lot, or tract as filed in the office of the Reno County Register of Deeds.

Lot, Corner shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot (see “Lot, Interior”).

Lot, Double Frontage see “Lot, Through.”

Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. The lot width of a flag lot shall be measured at the midpoint of the main portion of the lot.

Lot Interior shall mean a lot other than a corner lot which has frontage on one street or road only. In the case where two streets or roads intersect at an angle of 135 degrees or more, then the adjacent lot(s) shall be considered an interior lot.

Lot, Through shall mean a lot having frontage on two non-intersecting dedicated streets or road rights-of-way, not including a corner lot.

Lot, Zoning see “Zoning Lot.”

Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot.

Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

Lot Depth shall mean the average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot.

Lot Frontage shall mean the side of a lot abutting on a legally accessible street, whether private or public, right-of-way other than an alley.

Lot Line shall mean the property line bounding a lot. 1. Lot Line, Front shall mean the property line abutting a street or road right- of-way upon which the permanent street address is based. 2. Lot Line, Rear shall mean a lot line not abutting a street or road right-of- way which is opposite and most distant from the front lot line. 3. Lot Line, Side shall mean any lot line other than a front lot line or rear lot line.

Lot of Record shall mean a lot which is part of a subdivision, the plat of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations, or a lot described by metes and bounds, the description of which was recorded in the office of the Reno County Register of Deeds prior to the adoption of these regulations.

Lot Width shall mean the horizontal distance between the side property lines measured at the front property line as it abuts the street or along the street right-of-way line on unplatted streets, except that on cul-de-sac lots, the lot width shall be measured at the required front yard setback line.

Manufacture shall mean to use any method of processing, developing, fabricating or assembling, either raw materials, semi-finished materials or parts into a semi-finished or finished product.

Manufactured Home, Certified shall mean a structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act. generally known as the HUD Code, established pursuant to 42 U.S.C. 5403. Such structure shall have been constructed after June 15, 1976. Such units shall provide all of the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations. For purposes of these regulations, the term “manufactured home,” when used by itself, shall not include a “residential-design manufactured home” as defined in these regulations. All manufactured homes moved into the City’s zoning jurisdiction or from one manufactured home park or subdivision to another shall be certified and shall be in compliance with all City regulations.

Manufactured Home, Non-Certified shall mean a manufactured home as defined above that has not been certified as meeting the federal Manufactured Home Construction and Safety Standards Act established pursuant to 42 USC 5403. Non-certified manufactured homes shall not be moved into the City’s zoning jurisdiction nor from one manufactured home park or subdivision to another.

Manufactured Home, Residential-Design shall mean a manufactured home on a permanent foundation which meets the construction and design standards of the City. A residential-design manufactured home shall be used only as a single family dwelling. All residential-design manufactured homes shall meet the requirements of Sec. 27-902 of these regulations.

Manufactured Home, Single-Wide shall mean a manufactured home which measures less than 22 feet in width when affixed to the manufactured home pad.

Manufactured Home Accessory Building or Structure shall mean a subordinate building or structure which is an addition to or supplements a manufactured home, such as an awning, cabana, storage structure, carport, porch, fence, skirting or windbreak. Manufactured Home Lot shall mean a plot of ground within a manufactured home subdivision for the placement of one manufactured home for single family occupancy and the exclusive use of its occupants and which provides the necessary utility services for water, sewage and electricity.

Manufactured Home Pad shall mean that portion of an individual lot on which the manufactured home unit and any attached structure is placed.

Manufactured Home Park shall mean a parcel of land under single ownership that has been planned and improved for the placement of manufactured homes used or to be used for dwelling purposes and where manufactured home spaces are not offered for sale or sold. The term “manufactured home park” does not include sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection or sale.

Manufactured Home Skirting shall mean the enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home.

Manufactured Home Subdivision shall mean a subdivision that is platted for development as individual home sites for manufactured homes, modular homes, residential-design manufactured homes and site-built single family dwellings, all of which are required to be placed on permanent foundations.

Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics, resins, food processing and liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer.

Manufacturing, Heavy shall mean the manufacture of non-hazardous and non-explosive materials that require or include outdoor storage of materials, supplies or goods.

Manufacturing, Light shall mean the manufacture of non-hazardous and non-explosive materials that do not require or include outdoor storage of materials, supplies and goods, and which manufacturing processes are conducted entirely within a fully enclosed building. This definition does not include artisanal manufacturing.

Master Fee Schedule shall mean a fee schedule maintained by the City which establishes the required fees to be collected for specific planning, zoning, subdivision and similar activities.

Mechanical Equipment, Building shall mean equipment, devices, and accessories, the use of which relates to water supply, drainage, electric, heating, ventilating, air conditioning and similar purposes.

Mini-Storage or Mini-Warehouse see “Self-Service Storage Facility.”

Mining or Quarrying shall mean the extraction of metallic and nonmetallic minerals, excluding oil or natural gas. Typical uses include sand, soil and gravel pit operations, quarries and mines.

Miscellaneous Structures shall mean structures other than principal buildings. Examples are: memorials, staging, antennas, water tanks and towers, sheds, shelters, fences, walls, kennels, transformers, drive-up facilities and similar improvements.

Mobile Vendor shall mean a person or persons who sell goods, food or other merchandise via mobile/transient means, typically from a vehicle designed for cooking and dispensing of said food or merchandise.

Mobile Vendor Park shall mean a group of two or more mobile vendors (food trucks, etc.) located for a temporary period of time on the same zoning lot.

Monopole shall mean a type of support structure that consists of a vertical pole fixed into the ground and/or attached to a foundation.

Motel see “Hotel.”

Motor Freight Terminal (Truck Terminal) shall mean a building or area in which freight brought by large trucks is received, assembled or stored and dispatched for routing by large trucks which may include large truck and trailer storage.

Motor Vehicle shall mean every a self-propelled land vehicle not operated upon rails, except mopeds and self-propelled wheelchairs.

Motor Vehicle Graveyard shall mean any establishment which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined, dismantled, disabled or inoperable motor vehicles, watercraft, recreational vehicles, trailers, boxcars, tractors, farm machinery and other conveyances, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Said uses shall comply with all local and state regulations. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a motor vehicle graveyard.

Motor Vehicle Repair (Light-Medium) shall mean a building used for the purpose of repairing up to four-axle motor vehicles, with a maximum vehicle weight of 14,000 pounds. Commercial trucks, buses and other large vehicles are not considered light- medium vehicles.

Motor Vehicle Repair (Heavy) shall mean a building used for the purpose of repairing vehicles weighing more than 14,000 pounds or any vehicle with more than four axles.

Multi-modal Shipping Container shall mean a large, standardized shipping container designed and built for freight transport across different modes – from ship to rail to truck – without unloading / reloading cargo.

Multi-unit Living. See “Dwelling, Multiple Family”.

Nonconforming Building or Structure shall mean a building or structure or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.

Nonconforming Lot shall mean a lot which does not comply with the lot size requirements for the district in which it is located.

Nonconforming Use shall mean a use lawful when established but which does not conform to subsequently established zoning or zoning regulations.

Non-Ground Floor Dwelling (Loft) shall mean a dwelling unit in a commercial building which is located on the second or higher story.

Nursery shall mean the use of a premises for the propagation, cultivation and growth of trees, shrubs, plants, vines and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.

Nursing Facility shall mean any place or facility operating 24 hours-a-day, seven days- a-week, caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care to compensate for activities of daily living limitations.

Nursing Facility For Mental Health shall mean any place or facility operating 24 hours- a-day, seven days-a-week caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care and special mental health services to compensate for activities of daily living limitations.

Off-Street Parking Area shall refer to all off-street areas and spaces designed, used, required or intended to be used for parking, including driveways or access ways in and to such areas.

Office, General shall mean a business establishment or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics.

Office, Medical shall mean a business establishment or portion thereof, which furnishes medical, surgical or other service to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental labs, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

Open Space shall mean a parcel, portion of a parcel or parcels of land, together with the improvements thereon, primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking areas, structures and buildings.

Outdoor Storage shall mean the storage of any material for a period greater than 24 hours, including items for sale, lease, processing and repair (including vehicles) not in an enclosed building.

Overlay District shall mean a district which acts in conjunction with the underlying zoning district and which provides an additional layer of regulations. (The underlying zoning district designation does not change.)

Owner shall mean one or more persons, including corporations, who have legal title to the property, building or structure in questionreal property.

Parcel shall mean a lot, tract or contiguous group of lots in single ownership or under single control, which may be considered as a unit for purposes of development.

Parcel Boundary shall mean a line bounding a parcel which divides the parcel from another parcel, a public right-of-way, or any other public or private space. See also: “Lot Line.”

Parcel, Zoning shall mean an area of land, undivided by any street under single ownership or control, which is or will be occupied by one structure or land use plus accessory structures and uses which may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof, and including the yards required in these regulations. See also: “Zoning Lot.”

Park shall mean any public or private land available for recreational, educational, cultural or aesthetic use.

Parking Area, Private shall mean an area, other than a street or alley, used for the parking of motor vehicles, which is restricted from general public use.

Parking Area, Public shall mean an area, other than a private parking area or street, used for the parking of motor vehicles, either for free or for remuneration.

Passive Recreation shall mean recreational facilities / uses that are designed to facilitate sitting, walking, casual cycling, and the like.

Parking Lot shall mean any land used for the temporary parking of motor vehicles.

Pergola shall mean an accessory recreational structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.

Permanent Foundation shall mean a base constructed from either poured concrete or laid masonry rock or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached.

Permitted Use shall mean a land use that is allowed by right within a given zoning district.

Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity.

Personal Services shall mean uses providing human services exclusively to private individuals as the ultimate consumer. Personal services shall include but not be limited to grocery shopping services, tailoring and alterations, hair salons, spas, nail salons, barber shops, private household services and temporary personal in-home care.

Pervious Surface shall mean a surface that allows surface water penetration.

Planned Unit Development shall mean a development designed to provide for a determined arrangement of residential, business or industrial uses in accordance with an approved development plan.

Planning Commission shall mean the City of Hutchinson Planning Commission.

Plant Materials shall mean trees, shrubs, vines, ground covers, grasses, turf, perennials, annuals and bulbs.

Plat shall mean a drawing which is approved by the jurisdictional governing body and filed of record with the Reno County Register of Deeds that delineates the subdivision of a parcel of land. A plat commonly shows lots, blocks, streets, easements and other features relevant to the development and improvement of the property. In addition, “plat” shall also mean a drawing showing the location, boundaries and legal description of individual properties.

Portable Storage Unit Container shall mean a transportable unit designed and used for the storage of retail merchandise, household goods, personal items, construction materials, supplies and non-hazardous materials which is placed on a property for the use of the residents or business on the property or for storage during the construction of a building. Portable storage units containers shall include but not be limited to such units commonly known as “PODS,” mobile attics, shipping containers, portable storage containers, and similar uses, but shall not include railroad cars or multi-modal shipping containers. Portable storage units containers are designed to be used outside of an enclosed building and are not placed on a permanent foundation or used for occupancy by persons.

Premises shall mean any one or more lots or tracts of land, including all buildings, structures, or facilities located thereon.

Preschool shall mean an early childhood program which provides primarily educational services, and the following: 1. Provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107 and any amendments thereto, and who are 30 months of age or older; 2. Conducts sessions not exceeding three hours per session; 3. Does not enroll any child more than one session per day; and 4. Does not serve a meal.

The term “preschool” shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer then 13 children and be licensed as a preschool if the program and facility meets state regulations. There are specific criteria for meeting this definition as administered by KDHE.

Preservation shall mean the act of protecting an area, parcel of land, or structure from being changed or modified from the present character to another that is not representative of a specific period or condition.

Primary Street Frontage see “Street Frontage, Primary”

Principal Building see “Building, Principal.”

Principal Use see “Use, Principal.”

Private Well shall mean a well that provides water supply to less than 10 service connections and regularly serves less than 25 individuals daily for at least 60 days per year as defined by K.S.A. 65-162a.

Prohibited Use shall mean any use of land or a structure other than those considered legal nonconforming, which is not listed as a permitted use, permitted with design standards, conditional use or special use within a zoning district.

Public, Institutional and Civic Facility shall mean any building, location or structure owned by a public entity, such as a library, fire station, school, community center, park, and other similar facilities and uses. Public Use shall mean a specified activity or area that either through actual public ownership or through dedication of easements allows the general public access and use.

Public Utility shall mean any business which furnishes the general public telephone service, telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government.

Public Water and Sewer Systems shall mean a water or sewer system owned and operated by a governmental entity which meets all local, state and federal requirements.

Railroad shall mean the land use including the right-of-way abutting railroad properties occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and leased for use by others.

Recreational Facility shall mean facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. In addition, recreational facilities shall mean museums, amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used for public viewing), and theme parks.

Recreational Vehicle (RV) shall mean a vehicular, portable structure, either self-propelled or pulled, designed for short term occupancy and highway travel without a special permit, including but not limited to motor homes, converted buses and vans, and camper tents, travel trailers, boats and boat trailers used exclusively for the purpose of traveling and occupancy by the owner, members of his or her family and guests, on camp trips beyond the city limits. Pickup trucks with camper shells shall not be included in this definition.

Recreational Vehicle Park (RV Park) shall mean a commercial tract of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers or travelers on a rental basis.

Recycling Facility shall mean any location where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires, bottles and other materials.

Redevelopment shall mean the act of preserving and/or rehabilitating existing buildings. In extreme cases, redevelopment may involve the demolishing of a building or structure for the purpose of a new use or building.

Repair (Except Vehicle Repair) shall mean repair of appliances and other household goods, including but not limited to sewing machines, vacuum cleaners, washing machines, dryers, refrigerators, stove, upholstery and the like.

Repair, Aircraft and Railcar shall mean the repair of aircraft and aircraft parts as well as the repair of railcars, locomotives and other railroad apparatus.

Residence shall mean a building used, designed or intended to be used as a home or dwelling place for one or more families.

Residential Center shall mean a facility which operates in accordance with K.A.R. 28-4- 268 et seq. and any amendments thereto, which provides residential care for more than ten persons unrelated to the caregivers, and which provides residents access to the surrounding community and includes emergency shelters and maternity homes. There are specific criteria for meeting this definition as administered by KDHE.

Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building.

Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared food and/or beverages to customers seated within motor vehicles for consumption either on or off the premises.

Retail Sales shall mean establishments engaged in the selling of goods or merchandise to the general public for personal or household consumption.

Retail Service shall mean retail establishments providing services or entertainment, as opposed to products, to the general public for personal or household use.

Retaining Wall shall mean a man-made barrier constructed for the purpose of stabilizing soil, retarding erosion or terracing a parcel or site.

Rezoning shall mean an amendment to the zoning map which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance.

Right-of-Way shall mean a strip of land dedicated for or intended to be occupied by a street, crosswalk, railroad, or road. , electric transmission line, oil or gas pipeline, water main, sanitary sewer, storm sewer or another such use.

Road shall mean the same as “Street.”

Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, and hallways.

Rooming House shall mean every building or other structure which is kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, but which does not maintain common facilities for the serving or preparation of food for such guests.

Rural Road see “Street, Rural”

Salvage Yard shall mean any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal or other discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. A deposit or the storage on a parcel of two or more inoperable, wrecked or broken-down motor vehicles or parts of two or more such motor vehicles for one week in a residential district or for three weeks in any other district shall be deemed a salvage yard.

Scale shall mean a proportional relationship of the size of parts to one another and to the human figure. For site plans and other plans referenced herein, scale means the geometric relationship between the plan and the ground.

School shall mean any public or private elementary school, middle school, high school, community college, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year.

School, Elementary, Middle School, or High shall mean public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State of Kansas.

Screening shall mean landscaping, fences, structures or plantings that conceal from view from public ways or from residential property the area behind such landscaping, fences, structures or plantings.

Self-Service Storage Facility shall mean a building or group of buildings containing individual, compartmentalized and controlled access stalls or lockers for storage.

Service Station shall mean a building and premises where the principal use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities such as engine tune-ups, lubrications and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting, and body repair.

Setback shall mean the distance between a building and the lot line or street right-of-way line, whichever is applicable, measured as an extension of the building line.

Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said setback line shall be measured from and parallel to the street right-of- way line or highway setback line when one has been established.

Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be measured from and parallel to the property line.

Shopping Center shall mean a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations and protection from the elements.

Side Street see “Yard, Side Street Front.”

Sight Triangle shall mean the area at a public or private street intersection required by these and/or other regulations to be maintained free of structures, objects or plantings, and where nothing shall be erected, placed, planted or allowed to grow which could materially impede the vision of motorists and/or pedestrians and thereby pose a safety hazard. Refer to Section 27-308 of these regulations for required dimensions and other requirements for sight triangles.

Similar Use shall mean the use of land, buildings or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities.

Single-Unit Living. See “Dwelling, Single Family”.

Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, driveways, parking spaces, loading spaces, lighting, drainage, landscape features and other principal and accessory site development improvements for a specific parcel of land.

Site Plan Review shall mean the review by the city of all documents and applications necessary for development including subdivision plats, site plans, rezoning requests, permit review and/or other applicable forms.

Skilled Nursing Home shall mean a facility where services performed by or under the immediate supervision of a registered professional nurse and additional licensed nursing personnel. Skilled nursing includes administration of medications and treatments as prescribed by a licensed physician or dentist; and other nursing functions which require substantial nursing judgment and skill based on the knowledge and application of scientific principles. All skilled nursing homes shall be operated in accordance with the regulations of the Kansas Department of Aging.

Solid Fence see “Fence, Solid.”

Solid Waste shall mean waste materials including but not limited to garbage, trash, refuse, rubble, sewage sludge, offal, dead animals or paunch manure.

Special Use shall mean a certain use of land or buildings that may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of such use with surrounding uses. Special uses are restricted and approved by the Board of Zoning Appeals.

Special Use Permit shall mean the documentary evidence of authority granted by the Board of Zoning Appeals when a certain use of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken and conditions imposed to assure the compatibility of such use with surrounding uses.

Stadium shall mean a large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.

State shall mean the State of Kansas.

Storage shall mean the keeping of any goods, junk, material, merchandise or vehicles, whether indoors, outdoors, roofed or unroofed, in an area on the same tract or premises.

Stormwater Detention Area shall mean an area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding.

Stormwater Management shall mean the collecting, conveyance, channeling, holding retaining, detaining, infiltrating, diverting, treating or filtering of surface water, ground water, and/or runoff, together with applicable managerial (non-structural) measures.

Stormwater Retention Area shall mean a wet or dry stormwater holding area, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway.

Stormwater Runoff shall mean surface water generated by rainfall that does not seep into the earth but flows over land, including impervious surfaces, to flowing or stagnant bodies of water.

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above “grade” as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above “grade” as defined herein at any point, such usable or unused underfloor space shall be considered as a story.

Story, First shall mean the lowest story in a building which qualifies as a “story,” as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below “grade,” as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below “grade,” as defined herein, at any point.

Story, Half shall mean a space under a roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street shall mean a right-of-way which affords principal means of vehicular access to property abutting thereon.

Street, Arterial shall mean a street identified as an Arterial on the Hutchinson Street Classifications Map.

Street, Collector shall mean a street identified as a Collector on the Hutchinson Street Classifications Map.

Street, Residential/Other shall mean a street identified as Residential/Other on the Hutchinson Street Classifications Map.

Street, Rural shall mean any street that has not been identified by the Hutchinson Street Classification Map.

Street, State Highway shall mean a street identified as a State Highway on the Hutchinson Street Classifications Map.

Street, Expressway shall mean a street that provides direct access to other arterials and shall not have direct access to individual land uses, shall be designed to allow for higher speed vehicular traffic, and where on-street parking is prohibited.

Street, Major Arterial shall mean a street that could serve non-local traffic, may have direct access to public, commercial or industrial land uses, should accommodate more than 7,000 vehicles per 24-hour period, shall be designed to allow for a higher speed of traffic, and where on-street parking shall generally not be permitted.

Street, Major Collector shall mean a street that serves some non-local traffic, may have direct access to public, commercial or industrial land uses, and should accommodate between 3,000 and 7,000 vehicles per 24-hour period.

Street, Major Residential shall mean a street that provides access to minor residential streets, courts and ways, as well as individual dwelling units, and shall serve from 100 to 150 dwelling units or have an average daily traffic of between 1,000 and 1,250 vehicles per 24-hour period.

Street, Minor Arterial shall mean a street that could serve non-local traffic, may have direct access to public, commercial or industrial land uses, and should accommodate more than 7,000 vehicles per 24-hour period.

Street, Minor Collector shall mean a local street that provides access to commercial or industrial land uses or more than 150 dwelling units, accommodates a maximum average number of 3,000 vehicles per 24-hour period, shall be designed to encourage a speed of approximately 30 miles per hour, and where on-street parking may be permitted. Street, Minor Residential shall mean a local street that provides access to residential lanes, courts and ways, as well as individual dwelling units, shall serve from 31 to 100 dwelling units or have an average daily traffic of between 200 and 1,000 vehicles per 24- hour period, and shall be designed to encourage a speed approximately 30 miles per hour.

Street, Private shall mean a street which affords principal access to property abutting thereon, which right-of-way is owned, controlled and maintained by persons other than the public.

Street, Public shall mean a street which affords the principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use.

Street, Residential Way shall mean a street that serves a maximum of 30 dwelling units or has an average daily traffic of less than 200 vehicles per 24-hour period, shall be so designed to encourage reduced vehicle speed, and may be a cul-de-sac, loop street or minor cross street but shall not function as a minor or major collector street.

Street Centerline shall mean the centerline of a street right-of-way as established by official surveys.

Street Frontage shall mean the distance for which a property line adjoins a public street from one property line intersecting said street to the opposite property line.

Street, Frontage Access shall mean a street adjacent to a major street, major inter- regional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip.

Street Frontage, Primary shall mean the street frontage for which the property address is determined.

Streetscape shall mean the scene as may be observed along a public or private street or way composed of natural and man-made components, including buildings, paving, plantings, street hardware and miscellaneous structures.

Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas.

Structure, Principal see “Building, Principal.”

Structure Height see “Building Height.”

Structural Alteration shall mean any change in the support members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls or similar components.

Subdivision shall mean the division of land, lot, tract or parcel into two or more lots, parcels, plats or sites, or other divisions of land for the purpose of sale, lease, offer or development, whether immediate or future. The term “subdivision” shall also include the division of residential, commercial, industrial, agricultural or other land whether by deed, metes and bounds description, lease, map, plat or other instrument.

Subdivision Regulations shall mean the Subdivision Regulations of the City of Hutchinson.

Support Structure shall mean the structure or surface upon which antennas are mounted. 1. Roof-mounted: Mounted on the roof of a building. 2. Side-mounted: Mounted on the side of a building. 3. Ground-mounted: Mounted on the ground. 4. Structure-mounted: Mounted on a structure other than a building.

Swimming Pool, Private shall mean a pool which is an accessory use to a residence for the exclusive use of the occupants of the residential building and their guests.

Swimming Pool, Public shall mean a pool and accessory buildings, generally owned and operated by a governmental entity, whether open or enclosed, and open for use by the general public.

Tavern see “Bar.”

Temporary Use shall mean a use intended for limited duration to be located in a zoning district as permitted by the zoning regulations.

Terrace shall mean a raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall.

Townhouse shall mean a single family attached dwelling unit with a private entrance in a group of three or more units where the unit and land are under the same ownership, and which is part of a structure in which the dwelling units are attached horizontally in a linear arrangement, and which has completely exposed front and rear walls to be used for access, light and ventilation.

Tract shall mean a plot or parcel of land, other than a lot in a platted subdivision, which is recorded in the office of the Register of Deeds.

Trailer shall mean a vehicle without motive power which is pulled by another vehicle and is designed and constructed to travel on the public thoroughfares. See also: “Large Truck or Trailer.”

Truck Stop shall mean a building and premises built to accommodate large trucks where gasoline, oil, and minor auto accessories may be supplied and dispensed at retail and which may include truck washing facilities.

Two-Unit Living. See “Dwelling, Two Family.”

Upper Story Housing shall be defined as one or more dwelling units located above the first story in a commercial building.

Use shall mean the purpose or activity for which land or buildings are designed, arranged, intended, occupied or maintained.

Use, Design Standard shall mean a use that is allowed within a zoning district pursuant to meeting specified design standards.

Use, Permitted shall mean any land use allowed as a use by right within a zoning district.

Use, Principal shall mean the main use of land or structure, as distinguished from an accessory use. See also: “Building, Principal.”

Variance shall mean relief from or variation of the provisions of these regulations, other than use regulations, granted by the Board of Zoning Appeals, other than use regulations, as applied to a specific piece of property, as distinct from rezoning.

Vegetation shall mean plant life restricted to grass, turf, flowers, trees, shrubs and vines.

Warehouse shall mean a building used primarily for the storage of goods and materials.

Warehouse and Distribution shall mean a use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.

Watertight shall mean completion of a structure so that no rain or snow may enter, e.g. roof with shingles and exterior walls with windows installed.

Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation commonly known as hydrophytic vegetation, which is typically adapted for life in saturated soil conditions.

Yard shall mean any open space on the same lot with a building or group of buildings, which open space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory buildings or structures permitted by these regulations. Yard, Front shall mean the area between a front property line and any front yard setback line, except as otherwise provided, which extends the full width or length of the lot.

Yard, Rear shall mean the area between the rear property line and the rear yard setback line, which extends the full width of the lot.

Yard, Side shall mean the area from the front yard or from the front lot line where no front yard is required by these regulations, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.

Yard, Side Street Front shall mean a yard that occurs on a corner lot along the length of the lot. The side street front yard is adjacent to the side street public right-of-way and is generally perpendicular to the established front yard. Special setback requirements apply for side street front yards.

Zero Lot Line see Sec. 27-312.

Zoning Administrator shall mean the person or persons authorized and empowered by the City Manager to administer the requirements of these regulations.

Zoning Amendment shall mean an amendment to the zoning map, the zoning regulations, or both, which is reviewed by the Planning Commission at a public hearing and is approved by the City Council by ordinance.

Zoning Certificate shall mean a written statement or authorization from the zoning administrator indicating that the existing or proposed uses or the site plan for a particular parcel of property is in conformance with these regulations.

Zoning District shall mean an area delineated on the zoning map for which uniform land use regulations are specified.

Zoning Jurisdiction shall mean all areas within the corporate limits of the City and all areas where extraterritorial jurisdiction has been granted to the City by the Reno County Commission.

Zoning Lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use, and that can provide such yards and other open spaces as required by the zoning regulations. A zoning lot may include any number of contiguous platted or unplatted lots. Zoning Map shall mean the official zoning district map delineating the boundaries of zoning districts in the City of Hutchinson zoning jurisdiction which, along with the text of the zoning regulations, has been officially adopted by the Hutchinson City Council. EXHIBIT C

Sec. 27-913 Self-Service Storage Facilities (Mini-Warehouses)Reserve.

A. Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility. B. All storage must be within enclosed buildings and shall not include the storage of hazardous materials. Hazardous materials shall include but not be limited to: toxic and explosive substances, hazardous waste, industrial solid waste, medical waste, municipal solid waste, oil and similar substances. C. Facilities must maintain landscape buffer yards of 50 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required, a total of 35 percent of all buffers shall be landscaped. D. Site development shall include provisions for stormwater management in accordance with the regulations of the City. E. Site development shall include fencing and landscaping according to these regulations

Sec. 27-914 Material Storage Yards.

Material storage yards may be utilized in connection with the retail sales of products sold on the premises and where storage is incidental to the primary business of the store, provided: A. All products and materials used or stored are in a completely enclosed building or enclosed by an approved solid wall or fence. B. Storage of all materials and equipment shall not exceed the height of the wall and not extend into the front yard beyond the front building line. C. Storage of motor vehicles used in connection with the permitted trade or business is permitted within the storage yard, but not including storage of heavy equipment such as road-building or excavating equipment. Such storage shall not include motor vehicle repair or salvage uses.

Sec. 27-915 Portable Storage Units for Long-Term or Permanent UseReserve.

Portable storage units used on a long-term or permanent basis may be subject to site plan review and shall be permitted by right in the A-I, I-1, I-2 and I-3 Districts and by conditional use permit in the C-4, C-5 and EN Districts, as noted in Sec. 27-406. Such units shall comply with all yard and setback regulations and all other applicable regulations. Such units shall be permanently anchored to the ground. EXHIBIT D

INTRODUCTION

The City of Hutchinson’s 2017-2037 Comprehensive Plan discusses obstacles to residential development and redevelopment in established infill neighborhoods and INFILL STUDY calls for creation of a new, residential infill zoning district. “This zone is proposed for the core residential areas of the IMPLEMENTATION City which developed with a more compact development pattern. An infill district (R-6) would allow for more flexibility PLAN of development in these areas.” This infill zoning district also [email protected] represents the next step for the Infill Development Study, [email protected] which was completed in December 2016. [email protected] The Infill Development Study was prepared by University of Kansas architecture students who examined many OBJECTIVE of the City’s neighborhoods south of 11th Avenue Develop an Implementation Strategy in the City’s Neighborhood Revitalization Plan area. to facilitate infill development. The Study objectives were to: 1) identify obstacles to development/redevelopment; 2) prepare neighborhood- compatible prototypes for potential infill builds; and RECOMMENDATION 3) make recommendations for changes to the City’s Amend the Zoning Regulations development code that would facilitate development to add a R-6, Infill Residential and redevelopment in older neighborhoods. Neighborhood Zoning District, to allow for a wider range of design layouts and housing types, with While objectives 1 and 2 were met, there was insufficient reduced setbacks and other time for the students to complete objective 3. This Infill modified design standards. Study Implementation Plan identifies the key obstacles to development and redevelopment in the City’s older, established neighborhoods and provides recommended COMMISSION REVIEW development code changes to remove those obstacles.  Land Bank: January 9, 2018 The Implementation Plan recommends establishing a new  Housing Commission: ______zoning district with smaller setbacks and more flexible  Planning Commission: ______development styles, as provided in Comprehensive Plan Strategy FS.1.7.a.2. “Consider establishing a zoning district that meets the needs of development and redevelopment STEERING COMMITTEE of smaller residential lots (R-6) located in the City core.” Planning Commission Todd Carr Led by a Steering Committee comprised of representatives Tommy Hornbeck from the Land Bank Board of Trustees, the Housing Land Bank Board of Trustees Commission and the Planning Commission, the plan details Mark Eaton eight major issue areas and makes recommendations for Dan Garber removing barriers through changes in the City’s Zoning Regulations, as well as in other programs and policies of Housing Commission the City. Ryan Patton Lucas Soltow 1 ISSUE #1: SETBACKS ON INFILL LOTS Number Avenue MAKE REDEVELOPMENT DIFFICULT

5 5 DISCUSSION The setback standards for all residential zoning districts in Hutchinson are based on relatively recent suburban standards, which reflect large sweeping front, side and rear yards, with car access to garages located to the side of the house. This design standard varies greatly from early American neighborhood design, where the focus was not based on vehicular access and 23 lot dimensions tended to be narrower. Because 165 Eisting Building development preferences have changed over Proposed Addition time, established neighborhoods built more than 5 Setbac 70 years ago find challenges rebuilding and Driveway even making small additions. See Figure 1.1. Property Lines Simply put, homeowners in infill neighborhoods 33 frequently cannot make desired improvements to Alley their property without requesting variances from FIGURE 1.1 A proposed addition to a home that would not the City’s regulations. be permitted under the current zoning regulations Maintaining standards, like setbacks, is important, however. Setbacks ensure visibility, afford light and air access and provide fire protection between structures should a neighboring property catch fire. Smaller setbacks in the infill district would still accomplish these goals. The table below provides a comparison of setbacks across various cities in Kansas.

COMPARISON

Side – Street City Front Yard Side Yard Rear Yard Front Yard Hutchinson, KS 25 feet 12.5 feet* 5 feet 15 feet Lawrence, KS 15 feet 15 feet 5 feet 20 feet Manhattan, KS 14 feet 14 feet 8 feet 25 feet Overland Park, KS 15 feet 15 feet 6 feet 20 feet Wichita, KS 25 feet 15 feet 6 feet 20 feet Salina, KS 25 feet 25 feet 7.5 feet 25 feet Kansas City, KS 25 feet - 3 feet 25 feet

* As allowed under Sec. 27-309.C. of the City Code. Homes in older neighborhoods were built without regulations, including setbacks. Houses are located on As the table notes, Hutchinson’s setback standards or next to their property lines, creating noncomplaint are similar to other Kansas communities. Some structures. 2 communities have smaller front-yard setbacks (Lawrence, Manhattan, Overland Park). The Number Avenue City’s current ordinance has a provision that allows for a reduction of front-yard setbacks, 3 3 whereby the average setback for the block can be applied. Hutchinson has smaller setbacks on side street front yards, side-yards, and rear-yards, with the exception of Kansas City, KS. Kansas City, KS shares similar design challenges to Hutchinson because many of their residential structures were built prior to modern planning standards.

RECOMMENDATION 27 Establish the following setbacks for the R-6 Infill 165 Eisting Building Residential Zoning District which is depicted in Proposed Addition Figure 1.2. 3 Setbac Driveway Front Side – Street Side Rear Property Lines Yard Front Yard Yard Yard 33 Alley R-6 Zoning District 15 feet* 7.5 feet** 3 feet*** 10 feet FIGURE 1.2 The proposed addition would be permitted *Or the average Front Yard Setback of block. See Sec. 27-309.E. of City Code. with 3-foot side-yard setbacks **As allowed under Sec. 27-309.C. of the City Code. ***Should the proposed structure be closer than six feet to a neighboring structure, fire protection as required by the Building Code shall be provided.

ISSUE #2: LOT COVERAGE LIMITATIONS MAKE BUILDING DIFFICULT

DISCUSSION Like setbacks, lot coverage requirements for residential zoning districts in Hutchinson reflect a suburban standard. Homeowners living in older neighborhoods that were developed with smaller lots have a more challenging time meeting the lot coverage standard, with new construction since today’s housing size demands have increased.

The average new construction house size in the United States has increased from 1,660 square feet in 1973 to 2,640 square feet in 2016 (US Census ). The lot coverage allowed for a 30’ x 165’ lot (the standard for the first two additions of the Hutchinson Investment Company plats) is 45 percent or 2,227 square feet. To accommodate today’s typical sized house on an infill lot, developers and homeowners must build up. 3 Building up or adding a second (or even third) story can get costly. Second story additions Number Avenue may require retrofitting a foundation and always require removal of existing roofs, which increases the project costs. Facing the added costs can deter property owners from these projects and continue the cycle of undesirable and obsolete 1,485 ft2 structures in the redevelopment area. The costs 55 simply cannot be balanced out given the values Tree Street of housing in the surrounding neighborhoods.

Most homes in the City’s older neighborhoods are smaller than 2,227 square feet. Retrofitting these homes to reflect today’s standards and 1,69 ft2 82.5 needs can be accomplished but not with the 62 existing lot coverage requirement. In addition to building more square footage onto a small house, homeowners also must comply with the lot coverage requirement for all accessory 33 structures. Many homes were built prior to the Alley mass production of vehicles, so either they do not Figure 2.1 The above lots do not conform with current lot have a garage or the structure that was built does coverage regulations in the R-4 District not accommodate today’s vehicles.

COMPARISON

The table below provides a comparison of lot coverage requirements for select cities in Kansas.

City Maximum Lot Coverage Hutchinson, KS 45% Kansas City, KS n/a Lawrence, KS 50% Manhattan, KS 30% Overland Park, KS n/a Wichita, KS n/a

Hutchinson’s lot coverage requirements are consistent with other Kansas communities. As a community with a considerably older housing stock, having similar standards to more suburban cities may not be the best choice for redevelopment in Hutchinson. Older communities like Lawrence have amended their zoning standard to allow Due to narrow dimensions, older lots have less for denser development per lot. This may be buidable area because of lot coverage requirements. attributed to the same issues Hutchinson faces Homeowners looking to add on additions to meet current or a reflection of larger city growth. Increasing house size trends may already be over the limit.

4 the lot coverage standard will allow homeowners and developers more flexibility when expanding Number Avenue and redeveloping their infill properties. 6 RECOMMENDATION 54.4 Staff proposes establishing the following lot 33 coverage for the R-6 Infill Residential Zoning Single-family Home District:

Maximum Lot Coverage R-6 Zoning District 60% 9, ft2 1 6 5 ’ Minimum Lot ISSUE #3: LOT SIZE REQUIREMENTS Area THAT REFLECT EXISTING LOT SIZES Minimum Lot Frontage DISCUSSION When Hutchinson was originally subdivided, the first two subdivision’s lot dimensions were Alley 30 feet wide by 165 feet deep, creating lots of approximately 4,950 square feet. At the time, Figure 3.1 The above image shows how lot frontage and those purchasing these narrow lots were given the lot area requirements in the R-4 District are too strict opportunity to buy multiple lots, which many did. for many existing resdiential lots. However, some buyers purchased only one lot. Others eventually sold pieces of their original lot to neighboring properties, creating in even smaller lots than those originally platted. Hutchinson had Number Avenue zoning beginning in the 1920’s – all lots developed 8 prior to that time or in the county were not subject 6.6 to zoning. Today, these lots have become 33 problematic—often preventing increases in Two-family Home density and new construction on vacant lots.

While it has been the City’s policy to allow construction on non-conforming infill lots, the city has been unable to approve requests to build anything other than single-family structures 1, ft2 1 primarily due to current lot width and lot area 6 5 ’ standards. Minimum Lot Area The City’s minimum lot size requirements vary Minimum Lot across residential zoning districts, with the Frontage minimum being 9,000 square feet, shown in Figure 3.1. Two family structures have difficulty meeting the standards as well (Figure 3.2). The R-5 High Alley Density Residential District allows for smaller lots Figure 3.2 A 33’ x 165’ lot is too small for a two-family with shorter lot widths but is not commonly found home in the R-4 District under the curent zoning across the City due to control over multi-family regulations 5 residential development. In addition, multi-family developments face the same issue as singel family Number Avenue developments on infill properties, Figure 3.3. By 1 creating a separate zoning district specifically 6.6 designed for Infill Development, the City will 33 be able to control multi-family development Multi-family Home while providing homeowners more freedom in developing their infill lots.

COMPARISON

The table below provides minimum lot criteria for 1, ft2 1 single family lots for select cities in Kansas: ’56 Minimum Lot Area City Minimum Lot Width Minimum Lot Area Minimum Lot (feet) (square feet) Frontage Hutchinson 60 9,000 Lawrence, KS 25 3,000 Manhattan, KS 50 6,000 Alley Overland Park, KS 50 4,250 Figure 3.3 A 33’ x 165’ lot is too small for multi-family Wichita, KS 50 5,000 homes in the R-4 District under the curent zoning Kansas City, KS 50 5,000 regulations. Salina, KS 50 6,000

As can be seen, Hutchinson has the largest lot width and lot area requirement of the comparison cities. These requirements are suburban in nature and do not match the development pattern of many of the city’s older neighborhoods. If the City wants to accommodate redevelopment, expansion of existing development and infill development, modifying the lot width and lot area requirements will likely bring nonconforming lots into conformance. This will prevent the need for costly and time-consuming variance requests.

RECOMMENDATION Establish the following lot width and lot area for the R-6 Infill Residential Zoning District:

R-6 Zoning District Minimum Lot Width Minimum Lot Area (feet) (square feet) Single-Family 30 3,500 Two-Family 40 4,000 Townhomes 50 5,000 Traditional development is compact and fits well on Multiple Family 60 8,000 narrow lots 6 ISSUE #4: DENSITY THAT PROVIDES MORE FLEXIBILITY FOR REDEVELOPMENT

Should the previous recommendations be approved, property owners wishing to increase density on their lots will face fewer challenges. The reasons to consider these changes should be considered are addressed in this section.

Density is typically expressed as the number of dwelling units in a given area, normally per acre. Reasons for increasing housing density include: 1) reducing the amount of needed infrastructure, 2) providing alternative living options, and 3) making housing more affordable to construct and inhabit. Hutchinson’s primary motivation for considering increasing housing density relates to affordability. Based upon feedback from local developers, much of Hutchinson’s neighborhoods suffer from Acessory dwelling units (or Mother-in-law flats) are a building cost gap. The building cost gap is the density hiding in plain sight. difference between how much it costs to build a new house versus how much it will appraise/sell for. Developers have found that building a single family home in the redevelopment area costs approximately $20,000+ than what they can sell it for. Developers cannot make a profit in these Number Avenue conditions, therefore housing is not being built or rehabbed in the most impacted neighborhoods. 2 units on a 5 wide lot If densities are allowed to increase, there is more revenue potential in the same buildable area, therefore increasing the potential for development/redevelopment. Primary unit Another issue that property owners in infill areas 2,45 ft2 face is the difficulty associated with converting

existing structures to a higher density. Most ’56 2 units on a

conversions that have been performed to 1 8,25 ft2 lot date are nonconforming, shown in Figure 4.1. Proposals to convert existing housing would not be approvable because the City’s residential zoning districts do not allow for duplexes or multiple family development, in existing residential Accesory unit 9 ft2 districts. Duplexes, triplexes and townhomes are either not permitted or require a conditional use Alley permit in all residential zones other than R-4 and Figure 4.1 165’ x 50‘ (8,250 sf.) lot with an accessory R-5. Multiple family developments (those with dwelling unit in the rear yard more than two units) are permitted by right only in 7 the R-5 zoning district. A conditional use permit is required to build/convert multiple family dwellings Number Avenue Only 1 unit on in the R-4 zone. While the proposed new zoning a 5 wide lot district will not allow for a large density increase (for example converting a single-family lot into a 1525 front-yard high-rise apartment building), it will allow for some setbac conversions, where the community character is not compromised.

A third discussion point for this section is the introduction of accessory dwelling units (ADU). An ADU is a secondary housing unit built on the 1 unit - 3,65 ft2 same lot, commonly used for extended family 44 lot coverage or as an extra source of income. These units are subordinate in size to the primary dwelling, and are placed in an inconspicuous location on the property, typically to the rear. This option provides homeowners with flexibility in relocating an elderly loved one close by and can also Alley provide an additional source of affordable housing. While ADUs increase density, they also Figure 4.2 Only one dwelling unit is currently permitted maintain the original single-family character of the on a 165’ x 50‘ (8,250 s.f.) lot in the R-4 District neighborhood. The Hutchinson Comprehensive Plan Survey asked residents whether they were interested in allowing ADUs . Respondents had an unfavorable opinion of ADUs with the overall rating being 2.91 out of 5. While ADUs may not reflect the character of development in some of Number Avenue our more suburban neighborhoods, they could be allowed in more established neighborhoods without major impacts and should be discussed 15 front-yard and considered. setbac

COMPARISON Figure 4.2 and 4.3 show the difference between redevelopment of a 50 foot by 165 foot lot under the current regulations opposed to the redevelopment of the same lot if modified 2 units - 3,8 ft2 regulations were adopted. As you can see, 45 lot coverage developers are given more opportunity to develop a project with a higher potential to recoup the value of the project cost, either through resale or anticipated rent. 1 rear-yard RECOMMENDATION setbac Adopt a residential zoning district that allows Alley higher density development by right, including Figure 4.3 A potential two-family design for narrow lots ADUs, which would increase densities from an that could be permitted in a new zoning district.

8 average of seven to eight housing units per acre to twelve per acre.

ISSUE #5: “Adequate space provided for access and utilties to each property.”

DISCUSSION While it’s likely the proposed new district would support rehabilitation projects, the zoning district will also open the door to innovative design options for narrow lots and new construction. A goal of the new zoning district would be that it could allow for more unique site development, like the one shown in Figure 5.1. However, unique design options like the one shown can create issues with access and utilities. Currently, Easements protect utilities and stormwater drainage the subdivision regulations require all residential from being harmed or tampered with. lots to have a public street and utility access. The R-6 Infill Zoning District might allow for lots tobe created without direct public street frontage, as long as adequate utility and access easements are provided. 1 1 These options would only be possible on a wider infill lot with an established alley.

COMPARISON This development is a non-traditional form not found in Hutchinson nor in much of Kansas. Larger cities, like Portland and Nashville, have allowed similar layouts for infill development. The Portland Infill Design Toolkit, as well as the Hutchinson Infill Housing Study conducted by graduate students from the University of Kansas, provide multiple Required access design options that would stretch the flexibility of easement our current zoning and subdivision regulations. Required utility With these designs in mind, it is important to assure easement access and utilities are properly provided for.

RECOMMENDATION Figure 5.1 Required easements for a two-family design The district will need to include access and layout. All housing units will be required to have access utility provisions. The subdivision regulations to utilties and public right-of-ways. will also require revisions to accommodate the

9 recommendations. The required easements are recommended to occur on an as-needed basis and will not require replatting the subdivision.

ISSUE #6: “Parking standards that fit the needs and space provided in established neighborhoods.”

DISCUSSION Current parking standards for residential developments are as follows:

Single-family detached 2 spaces per dwelling unit Single-family attached 2 spaces per dwelling unit Two-family- townhomes 2 spaces per dwelling unit Multi-family 1 space per dwelling unit Utilities to houses are placed within easements. Knowing where to locate utilities is important for infill Strategy S.1.7.a.5. of the 2017-2037 Hutchinson development. As the image shows, each house has and Comprehensive Plan supports revising existing needs its own access. parking standards that meet the needs of both vehicles and pedestrians. Reducing the parking standard for residential uses may not directly benefit pedestrians but may promote residential development on properties that are smaller in size and lacking in space. In addition to making more “room” on tight lots, reducing the standard can make these projects more cost-effective.

The City’s maximum front yard paving requirement also creates many nonconforming lots. The current standard, 40%, is fine for most suburban, residential lots. However, when the total front yard area is only 300 square feet, the 40% rule would allow 120 square feet of the front yard to be paved. Since the minimum parking stall requirement (9 ft. by 18 ft.) requires 162 square feet of paving, this leaves homeowners having to utilize their side yard or rear yard for parking. However, as previously discussed many infill lots are too narrow to allow for access by vehicles along the sides. If the standard was increased to 60% for this zoning district, the allowed paving for the front yard in the example would be 180 square feet, which is ample room for one parking space.

While reducing parking standards will help Front yard parking for a townhouse development. alleviate building costs, parking on residential 10 properties can be dangerous when accessed from the alley. Except for the five-foot rear-yard Number Avenue setback required for all accessory structures, there are no setback requirements for residential driveways accessing the City’s alleys. This creates a safety issue when vehicles are backing out of a garage with only a five-foot clearance before entering the alley right-of-way. To avoid potential accidents due to poor visibility, the City should explore alternative driveway access styles. A possible solution would be to require all new driveways leading from alleyways to garages or carports to have a minimum driveway length of 10 feet (Figure 6.1). A second option for properties with limited rear yards would be to rotate the garage door or carport 90 degrees so they face  the side of the property, as shown to the right. This  allows cars a turning radius that is located on their 1 x property and out of the right-of-way. 3 3 Alley Figure 6.1 Potential garage layouts that meet the COMPARISON proposed driveway access requirements off of alleyways. The standard for most communities is 2 spaces per dwelling unit for single-family development. In cities with older housing stock, such as Lawrence, Kansas City and Wichita, the standard is less. Most cities have more flexibility for developments with more than one unit.

The table lists the parking standards for comparative communities in Kansas:

Minimum Parking Standard Per Dwelling Unit City Single-Family, Single-Family, Two-Family / Multi-Family Detached Attached Townhomes Hutchinson, KS 2 2 2 1 Lawrence, KS 1.5 1.5 1.5 1.5 Manhattan, KS 2 2 2 1 per bedroom Overland Park, KS 2 2 2 Formula based on # of bedrooms Wichita, KS 1 1 1 Formula based on # of bedrooms Salina, KS 2 2 2 2 Kansas City, KS 1 1 1 1

11 RECOMMENDATION Revise the minimum parking standards for the R-6 Number Avenue Infill Residential Zoning District as follows: 3 side-yard Single-family detached 1 space per dwelling unit setbac 15 front-yard Single-family attached 1 space per dwelling unit setbac Two-family/townhomes 1 space per dwelling unit Multi-family 1 space per dwelling unit ADUs 1 additional space per unit

The maximum front yard paving standard should be increased from 40% to 60% in the R-6 Infill Residential Zoning District. 5 spaces at 18 1 per unit

For head-in driveways accessing a garage or 9 carport from an alley, a minimum of 10 feet will 24 be required unless a turnaround is installed.

No changes are recommended to the current 24 paving requirements for residential properties. Alley Figure 6.2 Potential parking layout for a townhouse development in the R-6 Infill District. ISSUE #7: “Accessory structure regulations that meet the proposed changes in the R-6 District.”

DISCUSSION All residential properties within Hutchinson are permitted to have accessory structures. However, most homeowners on smaller lots face challenges building new accessory structures. If homeowners have an existing accessory structure, it is likely that the structure is nonconforming. To allow property owners to continue using their nonconforming accessory structure, the City revised the accessory structure regulations in 2016. The revised regulations allow a homeowner to update or replace their existing accessory structure without having to seek a zoning variance as long as the structure remains in the original footprint. While this has addressed the issue of maintaining existing accessory structures, it does not address building new ones or expanding an existing structure.

If side-yard setbacks for accessory structures were reduced to 3 feet, like the principal structure, then Building new or adding on to accessory structures can many of the nonconforming garages and sheds be difficult in the revitalization area. 12 could be brought into conformance or create more room for building a new structure. See Number Avenue Figure 7.1. Accessory structures would still have to meet the five-foot separation requirement from 3 5 3 any other structure, a regulation already in place. No accessory buidlings in front Should the proposed structure be closer than six feet to a neighboring structure, fire protection as required by the Building Code shall be provided.

RECOMMENDATION ’56 Revise side and rear yard accessory structure 1 accessory structure setbacks for the proposed R-6 Zoning District: Eisting Building Proposed Addition Side Street Side Rear 3 Setbac Front Driveway Property Lines R-6 Zoning District 7.5 feet 3 feet 3 feet 3 Alley While the proposed rear-yard setback is 3 feet, Figure 7.1 The detached garage is a nonconforming the driveway requirements referenced in Issue 6 single car garage that does not provide adequate room still apply. for today’s cars/needs. The exemption allows for the homeonwer to rebuild but not expand. By amending the regulations the homeowner can rebuild and expand their ISSUE #8: “Promote inclusion and garage to provide adequate space. affordability as well as designing cohesive neighborhood design.”

INCLUSION Zoning regulations are designed to keep incompatible uses separate from one another. For example, zoning districts designed for single-family housing will typically not allow heavier uses like strip malls, apartment complexes or oil refineries because most homeowners buy a house with the expectation of lower traffic and less noise. Pairing a low-impact land use with another that has a relatively higher impact could be detrimental to the property values and quality of life. In most cases, single-family and multi-family uses are separated either by keeping them in separate zoning districts or by requiring a higher level of review before approving multi-family developments. Some of Hutchinson’s older neighborhoods were Prototype for a small infill multi-family development developed prior to the establishment of use- designed by Architecture students at the University of based zoning, and they often contain a wider Kansas. 13 mix of uses. Zoning regulations have created many nonconforming properties and limits the potential to expand. Because of relatively lower property values in these neighborhoods, single- family infill development is often not a financially viable option for developers. Supporting smaller multi-family projects in these neighborhoods with design requirements will simplify the development review process and allow infill projects to pencil out.

Promoting smaller, multi-family developments that are RECOMMENDATION # 1 & 2 designed to blend into surrounding neighborhoods can be Make smaller multi-family developments permitted a viable option for infill development. by right in the Infill Zoning District.

Place design requirements on multi-family projects (parking, screening, etc.) that would mitigate impacts on surrounding properties.

DEFINITIONS Another issue with the City’s current zoning regulations relates to the definition of household. Households have changed in modern times and no longer look like a “traditional” mother, father and child family unit. In fact, Hutchinson’s definition of families and householdsan is“ individual or two or more persons related by blood, adoption or marriage, or a group of not more than four persons (including servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.” This definition would not meet the reality of families or households today. Most zoning ordinances distinguish between single-family and multi- family based on the more traditional definition of “household.” Instead of trying to regulate household size in the zoning regulations, the City can prevent overcrowding of housing units by applying the building and fire code occupancy requirements.

Under federal law, cities cannot discriminate against protected classes because they don’t meet the traditional definition of household. By simply changing the definition of household Household definitions should not exclude people, rather and families to match the HUD recommended including as many different families. definition, the City will ensure the inclusion of 14 all household types and conform with federal regulations. Additionally, certain residential uses are the primary housing for individuals who are protected by Fair Housing Law. The City cannot treat these uses differently than single-family residences.

RECOMMENDATION # 3 & 4 Amend the household definition to “one or more individuals who live together in a single housekeeping unit” and have the family definition reference household.

Allow zoning by right of uses that house persons classified as a “protected class” according to federal regulations.

NEIGHBORHOOD DESIGN: MATERIALS When the City Council adopted the current Zoning Requiring new structures and additions to match Regulations in 2011, more emphasis was placed existing, elaborate designs can be difficult and costly. on aesthetics. They included regulations that required residential developments to meet certain “neighborhood character” standards. While this move was well-intended, the new “neighborhood character” requirements have placed barriers on property owners in older neighborhoods looking to invest in their property. The neighborhood character requirement makes homeowners match building materials for accessory structures with the materials that are on the house. However, since the requirement is relatively new, metal structures are already prevalent in existing neighborhoods, often confusing property owners hoping to build a new accessory structure.

Another issue that Planning Staff commonly hears when they are working with the public is that prefabricated metal accessory structures are more affordable to build than wood-framed buildings. The average cost per square foot to construct a metal shed is approximately $14. A wood structure can range from $18 to $23 per square foot. While those numbers may vary by season or region, New metal sheds provide an affordable option to metal structures are consistently more affordable. homeowners with limited resources. Regulating the Overland Park and Olathe have a neighborhood condition of the material can mitigate the fear of character requirement similar to Hutchinson’s. insuperior materials being placed in neighborhoods. Most comparison communities are silent on what materials are required for accessory structures. 15 RECOMMENDATION # 5 Remove Neighborhood Character requirement for the R-6 Infill Zoning District for accessory structures, allowing new metal as a suitable building material for accessory structures.

NEIGHBORHOOD DESIGN: REQUIREMENTS For new residential structures in the R-6 Infill District, the neighborhood character requirement can be expanded to make sure new development matches the existing aesthetics of the Sidewalks and street trees are common in older neighborhood. Components, such as street trees neighborhoods. Promoting the inclusion of these and sidewalks, are very common in neighborhoods features can help blend new construction into older affected by the proposed change. Currently, the surroundings. Zoning Regulations do not require street trees or sidewalks with infill development where those components already exist. While these two components can add cost to the development, the City has historically made an effort to help fund both. The Hutchinson Tree Board has an annual allocation to fund street tree installation in the City. In addition, the City has consistently found ways to assist in funding sidewalk repair and installation projects for lower income neighborhoods.

To facilitate a wider array of housing types, the City is working on a concurrent project to Affordable housing types, like manufactured units or tiny amend the City’s use table. Tiny houses, ADUs houses, don’t have to stand out. Design elements can be and manufactured homes are all affordable added to blend into surroundings. alternatives to typical housing options, and are proposed for inclusion. However, without some design criteria placed on these alternative housing styles, they will likely be incompatible with the housing styles in older neighborhoods. The Use Table Revisions include design criteria for all new proposed housing types to ensure they match the surrounding housing architectural styles and maintain the integrity of the neighborhood.

RECOMMENDATION # 6, 7 & 8 Promote the replacement or installation of sidewalks and street trees with infill development where appropriate.

Amend programs for street trees and sidewalks to Unique development layouts can provide an interesting place priority on infill projects. living experience, but regulations should be included to ensure the inhabitants of these unique units still have access to roads and utilties. 16 Create design criteria for new housing types proposed in the Use Table Revision.

AFFORDABILITY The City has studied the actual cost of housing development, specifically infill construction, for some time. Based on comments from housing developers and the Infill Study conducted by students at the University of Kansas, the approximate minimum price per square foot is $120 for new construction. To build a modest 1,000 square foot home, the cost would be $120,000 regardless of location. The issue for infill housing is the appraisal capacity. The building cost gap is discussed in Issue #4.

However, density alone may not always resolve the financial barriers to infill development, especially in neighborhoods with very low property values. To assist with the cost of development in these neighborhoods, the City offers a few incentives. The Neighborhood Revitalization Plan offers a rebate in taxes for the increase in property value that may be incurred from a project, located south of 11th Avenue. The Residential Infill Incentive Program reduces the building permit fee and eliminates sewer and water tap fees for these projects. However, the Residential Infill Incentive Program is not well utilized. A few modifications may make this program more enticing to developers.

RECOMMENDATION # 9 Amend the Residential Infill Incentive to include the following changes:

1. Open the incentive to all residential developments (not just single-family). 2. Allow for administrative approval of the applications as opposed to City Council approval. 3. Place a cap of $5,000 on Building Permit fees.

17 CONCLUSION & FINAL RECOMMENDATION

Most of the City’s older neighborhoods were developed with narrow, rectangular lots that were 50 feet or less in width. This platting style reflects traditional development patterns where houses were narrower, set relatively close to the property line and oftentimes two- story. Garages were typically an afterthought or converted carriage houses. In either case, garage access was normally from the rear of the property via an alley, if a garage was part of the equation at all.

This development pattern went on for decades until the 1960s and 1970s, when most cities in the United States did complete overhauls of their zoning regulations and adopted more suburban development standards. These suburban standards included lots that were wider and had larger setbacks. Room was included for attached garages, which had become a norm of residential development by that time.

Unfortunately, adoption of these suburban codes threw many existing neighborhoods, which largely predated the regulations by close to 100 years, into nonconformance. Since nonconforming uses cannot be expanded, there was little opportunity for residents of older neighborhoods to make improvements (adding on a room or garage, for instance), as the code precluded such improvements.

Hutchinson’s zoning regulations are no exception to what has occured throughout the United States, with largely suburban residential stardards. This is evidenced by Map 1 which illustrates the areas of the City that were platted with 50 foot or narrower lots. Most of this development is located south of 11th Avenue, although there are a few residential areas on the north side of 11th that have narrower lots.

RECOMMENDATION The R-6 Infill Residential area be established for all residentially zoned property located south of 11th Avenue , east of the Cow Creek Canal and west of Superior Street. The proposed zoning district boundaries are included in Map 2.

18 EXHIBIT E

Proposed R-6 Zoning DistrictPLEASANT HILLS PKWY

ELMA DR TOBACCO RD

TWILA ST S EQ UO IA

S T

49TH AVE

PINION CT P APRICOTLN

T A

S S E R NI I N F E L PEACHTRE W 46TH AVE

46TH AVE COTTONWOOD DR MOUNTAINA SH 45TH AVE OLD K61 HWY N LN PANORAMA CT R D

M T A S D R ST R A UA D K SH O A N O JO SHERWOOD DR G FO 44TH AVE O A A O P P N T I H P N IL L L Y D T R T O C S

43RD AVE

S H

E R W Q 42ND AVE ROANOKE ST O U O O L E D E D N S PL S 42ND AVE D A JUPIT R ER L HILLS

E D N R

M H L

41ST AVE A N

T A

VICKSBURG ST CHARLESTON ST

P SHEFIELDPL QUIVIRA DR R R T SAND PLUM CIR 41ST AVE ROWLAND RD A D O NE L R M U N B P EL S SH

O T E BRIG R S 40TH AVE ADUNE D A C P 39TH CT 39TH AVE H E F R O

HAMPTON CIR R Y X H H F

I I

I 39TH AVE L R

L L L S E MARTIN RD T S

O D

T R P

D CORONADO DR R R

D R

Y D KISIWA VILLAGE RD IT E O

IN T L

R Y A

T M G P S I R C E L N

D KISIWA CT 37TH AVE WESLEY DR

HILLCRESTDR

A HALSTEAD ST A SB 36TH AVE WINGED FOOT DR ASBURY PL URY DR ELM ST 36TH AVE 36TH AVE 37TH AVE

M D

A PANORAMA DR R I DAKOTA DR P DILLON AVE N

L T ROBERT ST T V E W A E E S N R S I D N T V G ROBERT ST E L E N OD N DR K N L HWO SPYGLASS MONTEREY PL R A L C S E S L A E

D L E

D 36T T R

R H AVE

36TH AVE D W S B O O D

O O G O D B R O

IDLEWILD DR R O N I I C L D D I K W L N W R L

D PERSHING ST F D E N

NORMANDY RD G

F O A P E R O P 36TH AVE O D T D ROAD RUNNER LN D 35TH AVE 35TH AVE E

JEFFREY ST R E T P B U EG LN W UCKSKI R A N TM S N A R D M K

G T MOLLY

L R DARTMOUTHRD

O A KANSAS AVE C L 35TH AVE T D

S D

E N O

D N R N LN O D

O O A O COLUMBIA DR C T GARDEN GROVE PKY 34TH AVE TUMBLEWEED DR O O

G R W

M TUMBLEWEED D R DEER RIDGE DR NORMANDY RD

N A COCHISE TRL I N

CO I E W A BR V

ARROWHEAD DR 33RD AV E O L L CLOVE CIR U R CAROLEST E O G JEWELL ST WOOD

M D T CARNEGIE PL ID AK S PARK 32N C R BI DR A A DR 32ND TER 33RD AVE N

SEVERANCE ST W THUNDERBIRD DR 33RD AVE MEADO RIDGE Y L KISIWA PKY 32ND TER 33RD AVE N

MONROEST H WALDRON ST

MONAST MONARCHL O WALNUT ST WALNUT STEWART ST D N AR NT ST L 33RD AVE TM O L N O M O U L O TH TOMAHAWK R EG LN W

R RD D M E ST TH T 32ND AVE MALLOY R W U B D D ES N LUNDMAN DR S TER R E

LUCILLEDR N H N P MISSION DR A ARK DR U A 32ND AVE VE R D R D G IE V L FARMINGTON RD M HOLLYHOCK DR L C PAWNEE DR 31ST TER P IR 32ND AVE A E U LZ A N TULANEPL R R P R COUNTRYSIDE DR R T P D R O IS P I C RD L N D RE

C O R M 31ST AVE E CURTIS ST

R R IT I T

31ST AVE S

O D H G O CHEROKEE LN I PRAIRIE HILLS DR W E W E

N N DOWNING RD R C

HENDRICKSST L LORRAINE ST R L R

D E A GM PLZ H

A S 31ST AVE R 30TH TER C N RD T K P D MIKE ST R A K D

P Y R

PLAZAEAST DR PINE HILLPLPINE CARLTON RD DRCURTIS T

CARLTON RD MONAR GARDEN GROVE PKY

30TH AVE D S A

R N

S D S M N E E AD L B

N H

E O

W R R I BLUE ST L 2 L EM DR

29TH PKY L 9 E E D A L O T S A D K H B V S WEYBRIDGE AVE DUNDEE CT VIRGINIA CT P M A E E A A N AV C

A D M N I I R T R R I N L T O D E ER 29TH CT N D EN R L U ADAIR CIR DA D 29TH AVE 29TH AVE S D E

A D 28TH AVE A U R C N

V A RIVERBIRCH N N 28TH AVE

29TH AVE LE D R DH

IRC R R T E

E C

T L D S I C A L LI R O S D A BANNOCK BURN RD NA DR 27TH AVE H 8TH VE

L OUND DR D D 2

KING ST 28TH AVE R P T R

INDEPENDENCE RD R

M MALLOY STMALLOY

S T W I K

O 28TH AVE HEATHER P PK A

R ST KY R N R R

E EY C L MADISON ST A H Y JEFFERSON ST R A H T D 28TH AVE L MANCHESTER RD T T 28TH AVE 28TH AVE ELDORAD O A O 28TH AVE

R E A PLUM ST PLUM D H TEXAS CT W LAKE TER

M A R

D T LOCHINVAR LN LAZY LN O SYLER DR

N ACRES ACRES RD D E 27TH AVE A R R E

NOTTINGHAM DR

D M

D ASPEN CT S NEWPORT RD N RANDOM RD

E 27TH AVE 27TH AVE 2 K VE 27TH AVE 26TH AVE 6 BIRMINGHAM A LOCH LOMMOND DR 26TH AVE TH AVE L DD C IN N R I 26TH AVE K SLA D BRISTO SEVERANCE ST Y T L RD W 26TH AVE EASTWOOD DR COVENTR C ES T N M 25TH AVE L I NEVADA ST N OLD FARM ESTATES RD ARIZONA ST 25TH AVE COVENTRY CT 25TH AVE HO E S COLORADO ST W L T 26TH AVE KING ST EL PEBB E RUSTIC RD L D R

B R

D R 25TH AVE RAMBLER RD

L R

P WINDEMERE CT N

G T

W N BALDWIN ST 24TH AVE MEADOWLAKE DR

I SURREY TRL ST MALLOY L BRAMBLE BUSH DR STATE FAIR RD O P

I WYOMING AVE

R 24TH AVE O K 25TH AVE HARRISON ST D D Y B S A O Y WASHINGTON ST F T X

OLDOX RD O 24TH AVE W R W KENT PL OO R D U E CT B T RANCE ST R U N

CANTE E MARGE ST BARBERRY DR L 24TH AVE T R E V A

A E EASTGATE PLZEASTGATE

CLEVELAND ST H

S V P H

L T 24TH AVE E

23RD AVE W 23RD AVE W R GLAZIER ST 3 A 2 D 23RD AVE

O H

23RD AVE A APPLE LN

R P 24TH AVE T V

T O

23RD AVE EASTWOOD DR S E

H N E

B Y C

23RD AVE BISON BLVD

L E N

V 23RD AVE X A

D JOHNST 23RD AVE P R 22ND AVE R E BRIDGED D E N E V O R ELANDD V 22ND AVE ST IC R L S E R B T AVE S S R E LAKE TALBOT T T T S 22ND AVE G

C CONE ST

E C

N GREEN ST HONEYBEE LN FORT RILEY BLVD G O WESFIELDDR

D D O BLVDHAYS FORT D I S A D R 22ND AVE I R B O

WOOD T 21ST AVE D REY PL COTTONWOOD AVE R H R O V A E FOUNTAINWOOD

WILTON ST WILTON A

O B

WAYSIDE LN WAYSIDE L

E L M 21ST AVE D

S F B

E NORTHRIDGE RD R VE E V

A E

D Y L R D ST M R 1 B LENOX ST A 21ST AVE R

LINWOOD DR 2 R N

BLVD D

GRANDSTAND AVE O D

HYDE PARK DR I CHERRY LN 21ST AVE E

21ST AVE N B

H R Y 20TH AVE D A 20TH AVE

L 20TH AVE WILLOW RD SWARENS ST E PRIDE OF KANSAS AVE

P T A R R

K O

D F R

TYLER ST 19TH AVE 20TH AVE LAWNDALE PARK

ME FORT RILEYFORT BLVD

HARRISON ST FAIRCREST DR D BROOKWOOD DR O WHEATLAND DR

FORT SCOTT BLVD W LARK T LN S IDA ST S 19TH AVE E NORMAN RD M ASH ST S A S EVIL CONE ST E LE J HARVEST LN 18TH EDGEMOORE D V WES LINDA LN R 18TH AVE E WALDRON ST BR 19TH TER R O A

O STWALNUT CRESCENT BLVD N K FAY ST FAY C WESBROOK CIR D E R 18TH AVE S 17TH CRESTVIEW T T S SUNFLOWER AVE R W AC SEDONA CT U Y 18TH AVE A 17TH AVE

L N

D ELMST SET MAPLE ST A DR HALSTEAD ST I R R LOCUST ST PO 17TH AVE O R

FORD ST T N R

T C D S 16TH TER T

N 17TH AVE B

E R

SUPERPLZ O

U GRABER RD

OKVIEW CT B 16TH AVE

FAUBION ST FAUBION CLEVELAND ST A 16TH AVE 16TH AVE

V 15TH AVE 16TH AVE

A DIXIE ST

U BAKER ST

HUXMAN ST

PLEASANT ST FORD ST R O DANIEL ST O 15TH CIR 14TH AVE 15TH AVE 15TH AVE R 15TH AVE A 15TH AVE D

15TH AVE R COCHRANST RO MARLANDST O S EV 15TH AVE FORD ST E JACKSON ST LT S 14TH AVE 14TH TER LAZA WAY T 14TH AVE P 14TH AVE

14TH AVE 14TH AVE L ORCHARD AVE

HARDING ST A

14TH AVE N

13TH AVE COLLEGE LN O N ST 13TH TER ALCOA DR

FORREST STFORREST

PRAIRIE AVE

ARTHUR ST

JEFFERSON ST GRAND ST 13TH AVE 13TH AVE 13TH AVE 13TH AVE

W WALNUTST

12TH AVE O MILCON ST 12TH AVE 12TH AVE O D 12TH AVE L A W

N OBEE PLZ

S STSESHER T 11TH AVE ST HAYES 11TH AVE 11TH AVE

11TH AVE MUSTANG PASS 10TH AVE W

H KATIE DR I T E E V S A ADAMS ST AN I LYM D B 10TH AVE 10TH AVE E QUAIL RDG U 10TH AVE S C T H 9TH AVE OBEE RD MOURN LN

N SWAIN DR A Y RD N E

GREGORY ST CO R

HAYES ST HAYES BAKER ST GARFIELD ST 9TH AVE S 9TH AVE 9TH AVE

T 9TH AVE GRANT STGRANT

H 9TH AVE 9TH AVE 9TH AVE LINCOLN ST E

G N MAIN ST HARRISON ST GENE ST D E N KEAST ST 8TH AVE CEDAR ST R IC E K LEE ST S 8TH AVE G S HERALD ST T 8TH AVE R

A S 8TH AVE 8TH AVE 8TH AVE C T 8TH AVE N MOURN LN L

S DUFFY RD

T CESSNARD PIERCEST

POPLAR ST L EASTLAND DR PORTERST A 7TH AVE

PLEASANT ST COCHRANST 7TH AVE D 7TH AVE

S 7TH AVE CLOVERDALE DR T M L 61 ST STAR BEL

A S

P L

N E IC ELMST K S

E MOURN LN RS T 6TH AVE O T 6TH AVE

N MADISON ST BL S V 6TH AVE CAREY ST

D 6TH AVE FORD ST

BROOKSIDE DR 6TH AVE D

N A

G L

R G

E A

E O

GREGORY ST 5TH AVE H

G URBAN DR 5TH AVE

5TH AVE FONTRON ST R 5TH AVE

N WASHINGTON ST

CHEMICAL ST 4TH AVE

4TH AVE MADISON ST PORTERST TOWN STTOWN 3RD AVE 3RD AVE 3RD AVE 3RD AVE

STEVENS ST STARK ST STARK

LOGAN ST 4TH AVE

WOODARD ST

GRANDVIEWST LEE LEE ST 3RD AVE 3RD AVE 2ND AVE

SPENCER ST

PORTERST TYNDALL ST

3RD AVE PERSHING ST SCOTT ST

2ND AVE WALDRON ST TAYLOR ST TAYLOR

SANTA FE PL BONEBRAKE ST

CLAY ST CLAY 1ST AVE

HAYES ST HAYES 2ND AVE SUPERIOR ST

2ND AVE

GEORGE ST BALDY 1ST AVE

1ST AVE LEONARD AVE STKIRBY

WALNUT STWALNUT LEE ST

PLAZATOWERS PL SHERMAN AVE MAINLINE DR

1ST AVE 1ST AVE 1ST AVE JEFFERSON ST

BONEBRAKEST

HIGH ST FORD ST

E VINCENTST V

T SHERMAN AVE CARLO ST

A BURENVAN ST T

BERWYN ST

JACKSON ST S ARDMORE ST AN R

SHERMAN AVE N SHERM SHERMAN AVE S

O T

E EASLEY

N AVE B K61 HWY

W F AT AVE A SE REFORMATORYST

H E WOODI

I T K61 HWY FRANK RD

E JACKSON ST

E SMITH ST S FORD ST K T 6 Y SEVERANCE ST EST 1 HW AVE B AVE B AVE B K AVE B

AVE B AVE B A

AVE B AVE B R Y

T B

E W

H N

N O 6

BROWN ST B

A CAREY BLVD K L CAREY BLVD

E C AVE C AVE C C AVE C AV REFORMATORYST

BENNETT ST

AVE D AIRPORTRD

AVE D MADISON ST

CENTER ST CHESTNUT ST AVE E AVE E AVE E M AVE E

WOODSONPLZ

WILLIAM ST LIBERTYST CHARLES ST

AVE E JUSTICE ST HOWARDST

O WALL ST

R O L O

E R S R T A I N AVE F AVE F E S T

W COLE AVE F

T AVE G A E AVE G S

E I

W BIGGER ST

RAFFINGTON ST

POPLAR ST CAMPBELL ST

MORTON RD

CARPENTER ST STELM CARPENTER ST WILLIAM ST MAIN ST

R 10T A H A F V F

E WALNUT ST I N PARK ST G

N COMMERCE ST

T FRANK HART XING

T S C OSBORNE ST A N I 8TH AVE R E A Y WHITESIDE ST M PA R D P K L O B O LV P D L E WALKER ST A AV 7TH AVE R S S SA T N KA

HARVEY ST 6TH AVE

D T S

A E M L M GREATHOUSE ST D

POLLO S MAPLE ST A A S E ENTERPRISE DR S T T T S

5TH AVE L

A H

F JEFFERSON ST R APOLLO IE ACRES ST ND SHIP RD VILLAGE LN 4TH AVE

LN S UNN RE CT W YD CENT O P EA D E L M L U L M C 3RD AVE I EWIS LN R S L T T C MORNINGSIDE RD E TR N CE

2ND AVE LOOP S ON CRYSTAL DR U ERS N EM

E T L

ENSIGN DR S TRUMAN DR L ATE 1ST AVE JAMES WAY T 1ST AVE ST N ER L

N 50 GLASS MANOR LN

O £ FRIENDSHIP W ¤ AY S BLANCHARD AVE R E HOLIDAY

E NORTHLAND WALNUT STWALNUT

PRIMROSE BLANCHARD AVE MITCHELL

R I B

WASHINGTON ST CRYSTAL EAST AVE R

E S B

HEMLOCK DR E

R SAVANNAH DR SAVANNAH

AVE A A K

E VALLEY VALLEY PRIDE RD

S T COUNTRY

RAINBOW LN AddtoR6District Hutchinson City Limits

GREEN LN

MAPLE ST

POPLAR ST BLUESTEM DRBLUESTEM

AVE B M

P BONEBRAKE ST N

LEWOOD SUNNYSIDE L CYPRESS LN

EST T

N S I R6_District South Hutchinson

A M

AVE C U

R L

AVE C STELM

O P

LINE RD

AVE D AVE D Highways YODER RD

AVE E LORRAINE ST

ADAMS ST Other Roads HALSTEAD ST

S AVE F CO TT B LV D City Parks

FOREST AVE

WARREN DR HAZEL LN Proposed R-6 Zoning District

96 MARSHALL AVE 0 0.25 0.5 1 BANYARD DRBANYARD WALNUT ST Prepared by Planning and Development www.hutchgov.com/planning

MAPLEST ANDREW AVE I WABASH AVE Miles EXHIBIT F

Sec. 27-314 Accessory Buildings and Uses.

Intent and interpretation. Unless expressly prohibited, accessory uses and structures shall be permitted in all zoning districts. Accessory uses and structures shall be clearly incidental to and customarily and commonly associated with the principal lawful use of the zoning lot on which they are located. The zoning administrator shall be granted the authority to interpret the provisions of this section and classify accessory uses and structures.

All accessory uses and accessory structures shall:

A. Be subordinate in purpose to the principal building or buildings served;

B. Not be established on any zoning lot unless the principal structure has been more than one-half completed and is watertight;

C. Not be erected in or encroach into any required yard, easement or sight triangle;

D. Be located a minimum distance of five feet from all structures, unless permanently attached to such structures; and

E. Detached accessory structures on interior lots shall not project nearer to the front lot line than the front exterior wall of the principal building and on corner lots shall not project nearer to the side street front lot line than the required setback.

F. Lot Coverage and Height.

1. The combined lot coverage of the principal building and all accessory buildings shall not exceed the lot coverage requirements found in these regulations. 2. In the MH and MP Districts, accessory buildings shall not exceed 16 feet in height. 3. In the TA District, accessory buildings shall be allowed to exceed the height of the principal building provided that all other restrictions are met. In the TA District, accessory buildings and principal buildings may have combined lot coverage of 10 percent or 25,000 square feet, whichever is less.

G. Residential Garages, Carports and Storage Buildings.

The following regulations shall apply to all garages, carports and storage buildings for residential uses in all districts except as noted in section 27-314.F.

1. Accessory buildings to residential uses shall be limited to buildings for domestic or household use or for the parking of motor vehicles and recreational vehicles. A hobby activity may be operated as an accessory use by a residential occupant of the premises solely for personal enjoyment, amusement or recreation; provided that any articles produced or constructed are not sold on the premises, except as may be permitted for an approved home occupation, and that no objectionable noise, odor, light or other adverse effects are created. 2. Accessory structures shall comply with the following maximum size requirements: Accessory Structure Type Maximum Square Footage Detached Storage Building Same as Detached Garage Detached Garage 1200 square feet. This may be exceeded to double the size of the principal structure, provided the total rear yard lot coverage is 10% or less. Detached Carport 600 square feet. 3. Accessory structures shall not occupy more than 35 percent of the entire rear yard from the rear of the principal building to the rear lot line. This percentage shall be calculated using all accessory structures on the property, including those that do not require a building permit. 4. For each single family dwelling, there shall be permitted a maximum of one detached garage and one carport, whether attached or detached. 5. For each duplex building, there shall be permitted a maximum of one detached garage, per unit, one detached storage building per unit, and two carports, whether such carports are attached or detached. 6. Carports shall not be attached to the front of a residential principal building. Carports shall be located only to the side or rear of the principal building and shall not project nearer to the front lot line than the principal building, whether attached or detached. On corner lots, carports shall not project nearer to the side street front lot line than the required setback. Carports shall not exceed the height of the principal building. 7. The sidewalls of garages and storage buildings shall not exceed 12 feet in height. 8. Garages, carports and storage buildings shall be constructed of materials customarily used in residential construction, including new metal. The design and construction of such structures shall be similar to and compatible with the design and construction of the principal building. The exterior building materials and colors shall be similar to the principal building and shall be commonly associated with residential construction. 9. All garages and carports shall be provided and accessed by a driveway of an approved surface and design. Residential driveways accessing a detached garage or carport from a paved roadway shall be paved, as provided for in these regulations, from the roadway to the rear of the principal structure. From the rear line of the principal structure to the detached garage or detached carport, crushed rock or gravel may be used. 10. Storage sheds with access doors 8 feet wide or wider shall be considered detached garages for the purpose of these regulations. 11. All residential accessory structures shall be setback a minimum of 5 feet from the rear and side property lines, as measured from the eave of the accessory structure. 12. Accessory structures on permanent foundations that do not meet the setback or scale requirements of these regulations may be reconstructed in the same location and at the same size without having to obtain a variance from these regulations.

ITEM 6A

Planning Commission Public Meeting: 8/14/2018 Staff Report

August 3, 2018

TO: Hutchinson Planning Commission

FROM: Jim Seitnater, Planning & Development Director

THROUGH: John Deardoff, City Manager

SUBJECT: CP18-000001, 2018-2022 Capital Improvement Program Review

REQUEST: Request for Planning Commission review of the 2019-2023 Capital Improvement Program (CIP) for conformance with the City’s adopted Comprehensive Plan.

STAFF RECOMMENDATION: Staff recommends approval of this request.

MOTION: Motion to (approve and make a finding of conformance / amend and make finding of conformance / return to staff for further work because a finding of conformance cannot be made) between the 2019- 2023 Capital Improvement Program and the recommendations, spirit and intent of the 2017-2037 Hutchinson Comprehensive Plan.

BACKGROUND: Annually, the City prepares a Capital Improvement Program (CIP) as part of its budgeting process. The CIP contains public projects and improvements and their proposed funding for a period of five years. CIP projects span a wide breadth of project types, including but not limited to the following:

• Water, Sewer and Storm Drain Improvements • Streetlight and Traffic Signal Installations and Upgrades • Emergency Warning Siren Installations • Street Repaving, Crack Sealing and Mill and Overlay • Construction of Public Buildings • Public Parking Lot Improvements • Park, Zoo and Playground Improvements/Construction • Airport Upgrades • Trail Improvements

Attachment 1 contains the proposed 2019 CIP. Attachment 2 contains the 5-year CIP (2019-2023).

ANALYSIS: In accordance with K.S.A. 12-748 and Section a.2.c.3. of the City’s adopted Comprehensive Plan, the Planning Commission is required to perform a review of the City’s proposed CIP prior to adoption by the City Council. The Planning Commission reviews the CIP to determine if the specific public improvements,

1 of 2 CP18-000001 | Staff report for August 14, 2018 Planning Commission meeting

public facilities and public utilities planned for in the CIP are in conformance with the recommendations, spirit and intent of the City’s adopted Comprehensive Plan. Attachment 3 contains the Appendix C, Strategic Plan from the “2017-2037 Hutchinson Comprehensive Plan: Designing Our Future, Imagine Hutch 2037”.

A brief assessment of the 2019 CIP projects and their conformity with the Comprehensive Plan is included in Attachment 4. Those projects that are maintenance or operations items are noted as such. Projects that have been part of previously-approved CIPs but are not listed in the Plan are noted as planned improvements. Because the 2019 budget process is still underway, some of the items reviewed may not be funded for 2019. It is staff’s opinion that all of the proposed projects fall within the spirit and intent of the Comprehensive Plan.

PUBLIC NOTIFICATION AND COMMENTS: A public hearing is not required for this item. The budget and CIP adoption will go through the normal public hearing process, as required by state statute.

ATTACHMENTS: 1 2019 Capital Improvement Program - Proposed 2 2019-2022 Capital Improvement Program – Proposed 3 2017-2022 Strategic Plan 4 Analysis of 2019 CIP Projects 5 Analysis of 2018-2022 CIP Projects

CC: Amy Allison, Senior Planner Angela Richards, Director of Finance Jeff Peterson, Interim Director of Engineering Justin Combs, Director of Parks and Facilities Brian Clennan, Director of Public Works Steve Beer, Fire Chief Trent Maxwell, Building Official

2 of 2 Attachment 1 2019 Capital Improvements by Funding Source Prelim General Obligation Bonds City Manager Project Department Requested Recommendation Main Traffic Way Public Bldg Charter Ord #46 Grant Reserves Sales Tax General Fund Growth Special Street Storm Water Water Sewer Other Total Capital Improvement Projects: Rebuild & Reconfigure 5th & Main Parking Lot Downtown Dev 469,645 ‐ ‐ Resurface Sherman & Walnut South Lot & Streetscape Downtown Dev 187,000 187,000 187,000 187,000 Water Tower #1 Coating Project Public Works 425,000 425,000 425,000 425,000 Main Street 5th to 13th Waterline Replacement Public Works 500,000 500,000 500,000 500,000 Lining 4600 LF of 27‐in San Sewer ‐Poplar to Severance Public Works 1,500,000 1,500,000 1,500,000 1,500,000 Cow Creek Channel Expansion Engineering 11,600,000 11,600,000 11,600,000 11,600,000 Woodie Seat Freeway Median, Milling & Overlay Engineering 2,022,710 2,022,710 2,022,710 2,022,710 Bike Park Design and Feasibility Parks & Facilities 25,000 ‐ ‐ Carey Park McQueen Fields Parking Lot Expansion Parks & Facilities 200,000 200,000 200,000 200,000 Fun Valley Replacement Bleachers Fun Valley 750,000 750,000 750,000 750,000 Mill & Resurface Carey Park Fishing Pond Road Parks & Facilities 117,500 ‐ ‐ Pedestrian Bridge at Carey Park Lagoon Parks & Facilities 50,000 ‐ ‐ Zoo Playground, Water Feature and Pavilion Zoo 150,000 ‐ ‐ Airport Business Plan Airport 50,000 ‐ ‐ Hanger Two Floor Refurbish Airport 60,000 60,000 60,000 60,000 Taxiway Alpha Slurry Seal & Remarking Airport 45,000 45,000 45,000 45,000 Terminal Building Restroom Remodel Airport 60,000 ‐ Clubhouse Carpet Replacement Golf 30,000 30,000 30,000 30,000 Golf Master Plan Golf 284,000 284,000 284,000 284,000 Clubhouse Seal & Line Clubhouse Parking Lot Golf 30,000 ‐ ‐ ‐ Police LEC Remodel Police 2,495,128 2,495,128 2,495,128 2,495,128 6 Extractors Fire 67,000 33,500 33,500 33,500 Pole Shed Cost Share with HCC Fire 74,000 ‐ ‐ ‐ TOTALS 21,191,983 20,132,338 2,022,710 ‐ 3,166,128 ‐ 2,425,000 ‐ 168,500 ‐ ‐ 11,600,000 ‐ ‐ 750,000 20,132,338 Capital Improvement Reserve Transfers: Public Works Facility Reserve Public Works 36,000 36,000 12,000 12,000 12,000 36,000 Water Production Equipment Replacement Public Works 80,000 80,000 80,000 80,000 Water Production Projects ‐ Unspecified Public Works 200,000 200,000 200,000 200,000 Water Line Projects ‐ Unspecified Public Works 100,000 100,000 100,000 100,000 WWTF Facility Project Reserve Public Works 600,000 600,000 600,000 600,000 Sanitary Sewer Line Projects ‐ Unspecified Public Works 500,000 500,000 500,000 500,000 Stormwater Maintenance Reserve Engineering 325,000 325,000 325,000 325,000 ADA Ramps Engineering 25,000 25,000 25,000 25,000 Arterial/Collector Mill and Overlay Engineering 1,450,000 1,350,000 747,000 250,000 353,000 1,350,000 Bridge Maintenance Reserve Engineering 100,000 ‐ ‐ ‐ Curb and Gutter Drainage Complaint Project Engineering 100,000 100,000 100,000 100,000 Crack Sealing Program Engineering 120,000 120,000 120,000 120,000 Residential Street Seal Engineering 883,000 883,000 313,000 170,000 400,000 883,000 Ditch Maintenance Projects ‐ Unspecified (New) Engineering 100,000 100,000 100,000 100,000 GIS ‐ Battery Replacement Engineering 10,000 10,000 10,000 10,000 Traffic Signal Upgrades/Repairs Engineering 71,000 50,000 50,000 50,000 ADA Sidewalk Replacement Parks & Facilities 30,000 10,000 10,000 10,000 Aquatic Center Maintenance Reserve Parks & Facilities 25,000 25,000 25,000 25,000 Park Improvement Projects Parks & Facilities 50,000 25,000 25,000 25,000 Public Facilities Improvements Parks & Facilities 50,000 25,000 25,000 25,000 Spray Park Improvements Parks & Facilities 10,000 10,000 10,000 10,000 Trail Improvements Parks & Facilities 25,000 ‐ ‐ ‐ Land Acquisition Airport 150,000 ‐ ‐ Facility Improvement Reserve Airport 65,000 35,000 35,000 35,000 Fire Station Maintenance & Repair Projects Fire 75,000 15,000 15,000 15,000 Demolition of Condemned & Unsafe Houses Inspection 25,000 25,000 25,000 25,000 TOTALS 5,205,000 4,649,000 ‐ ‐ ‐ ‐ 313,000 1,062,000 242,000 250,000 400,000 525,000 992,000 512,000 353,000 4,649,000 $26,396,983 $24,781,338 $2,022,710 $0 $3,166,128 $0 $2,738,000 $1,062,000 $410,500 $250,000 $400,000 $12,125,000 $992,000 $512,000 $1,103,000 $24,781,338 Attachment 2

2018 ‐ 2022 Capital Improvement Program

Project Descriptions Department 2019 2020 2021 2022 2023 Total Rebuild & Reconfigure 5th & Main Parking Lot Downtown Dev 469,645 469,645 Resurface Sherman & Walnut South Lot & Streetscape Downtown Dev 187,000 187,000 Resurface 1st & Washington Parking Lot Downtown Dev 140,000 140,000 Rebuild & Reconfigure 2nd & Walnut Parking Lot Downtown Dev 300,000 300,000 Aquire and Build 3rd Street Parking Lot Downtown Dev 375,000 375,000 Streetscape from C to Carey Park Downtown Dev 2,959,566 2,959,566 Water Tower #1 Coating Project Public Works 425,000 425,000 Main Street 5th to 13th Waterline Replacement Public Works 500,000 500,000 Lining 4600 LF of 27‐in San Sewer ‐Poplar to Severance Public Works 1,500,000 1,500,000 Water Tower #2 Coating and Security Fence Project Public Works 225,000 225,000 Sewer Rehab Halstead West Public Works 700,000 700,000 Water Line Replacement Projects Public Works 800,000 800,000 Water Tower #3 Coating Project Public Works 225,000 225,000 Sanitary Sewer Rehab Polar to North of 6th Ave Public Works 1,200,000 1,200,000 Sanitary Sewer Rehab Project Design Public Works 150,000 150,000 300,000 Water Line Replacement Projects Public Works 1,000,000 1,000,000 CCLIP (formerly KLINK) Avenue G to Lorraine St Engineering 325,000 325,000 Cow Creek Channel Expansion Engineering 11,600,000 11,600,000 Woodie Seat Freeway Median, Milling & Overlay Engineering 2,022,710 2,022,710 11th Ave (Harsha Canal to Montroe St) Reconstruct Engineering 2,400,000 3rd Ave (Pershing to Lorraine St) Reconstruct Engineering 2,165,000 2,165,000 Halstead Street 26th to 30th Ave Reconstruct Engineering 180,000 1,814,000 1,994,000 Washington Ave ‐ Bicycle Boulevard Engineering 50,000 50,000 Bike Park Parks & Facilities 325,000 300,000 625,000 Carey Park McQueen Fields Parking Lot Parks & Facilities 200,000 200,000 Replacement Bleacher for Fun Valley Fun Valley 750,000 750,000 Mill & Resurface Carey Park Fishing Pond Road Parks & Facilities 117,500 117,500 Dredging Lagoons at Carey Park Parks & Facilities 400,000 400,000 Pedestrian Bridge at Carey Park Lagoon Parks & Facilities 0 0 Memorial Hall Floor Replacement Parks & Facilities 140,000 140,000 Fun Valley Restroom Renovation Fun Valley 250,000 250,000 Zoo Playground Zoo 150,000 150,000 Zoo Electrical Upgrades Zoo 120,000 Zoo Praire Exhibit Design and Fencing Zoo 50,000 150,000 200,000 Zoo Master Strategic Plan Zoo 40,000 40,000 Hanger Two Floor Refurbish Airport 60,000 60,000 Taxiway Alpha Slurry Seal & Remarking Airport 45,000 45,000 Terminal Building Restroom Remodel Airport 60,000 60,000 100 Low Lead 12K Gallon Fuel Tak Airport 110,000 110,000 Aircraft hanger Airport 400,000 400,000 Airport Business Plan Airport 50,000 50,000 Steakhouse Kitchen Floor Airport 70,000 70,000 Midwest Malibu Apron Airport 60,000 60,000 North Maintenance Shed Utilities Airport 69,000 69,000 Terminal Building Roof Replacement Airport 50,000 50,000 Ashmeade Park Development Parks & Facilities 265,000 265,000 ADA Playground Equipment ‐ Rice Park Playground Parks & Facilities 70,000 70,000 Stremmel Parking Lot Replacement Parks & Facilities 118,000 118,000 Walking Trail and ADA Restroom at Farmington Park Parks & Facilities 450,000 450,000 Hobart‐Detter Concession Stand Parks & Facilities 330,000 330,000 Pool Shade Structure Replacement Parks & Facilities 200,000 200,000 Elmdale Vestibule Parks & Facilities 85,000 85,000 Carey Park Street Lighting Parks & Facilities 420,000 420,000 City Hall HVAC Replacement Parks & Facilities 500,000 500,000 ADA Playground at Carey Park Area #4 Parks & Facilities 70,000 70,000

1 Trail Head at NEGVI Trail ‐ North Plum Parks & Facilities 130,000 130,000 Hobart‐Detter Press Box Renovation Parks & Facilities 200,000 200,000 Sports Arena Blue Seets Replacement Parks & Facilities 450,000 450,000 Clubhouse Carpet Replacement Golf Course 30,000 30,000 Golf Course Master Plan Renovations Golf Course 284,000 213,000 223,000 227,000 237,000 1,184,000 Clubhouse Seal & Line Clubhouse Parking Lot Golf Course 0 0 Golf Course Wood Frame Roof Replacements Golf Course 50,000 50,000 Clubhouse Renovation Golf Course 150,000 150,000 Law Enforcement Center Renovations Police 2,495,128 2,495,128 6 Fire Extractors Fire 67,000 67,000 Pole Shed Cost Share with HCC Fire 60,000 60,000 Fire Training Drill Grounds Roads Fire 98,500 98,500 Fire Station #1 Fire 1,750,000 1,750,000 Total CIP Projects 20,285,838 9,191,645 2,812,000 7,750,566 4,962,000 45,002,049

2 CIP Reserve Projects Project Descriptions Department 2019 2020 2021 2022 Total Public Works Facility Reserve Public Works 36,000 36,000 36,000 36,000 36,000 180,000 Water Production Projects ‐ Unspecified Public Works 80,000 100,000 100,000 150,000 150,000 580,000 Water Production Equipment Replacement Public Works 200,000 200,000 200,000 250,000 250,000 1,100,000 Sanitary Sewer Line Projects ‐ Unspecified Public Works 100,000 100,000 100,000 150,000 300,000 750,000 Water Line Projects ‐ Unspecified Public Works 600,000 800,000 800,000 800,000 900,000 3,900,000 WWTF Facility Project Reserve Public Works 500,000 500,000 600,000 700,000 700,000 3,000,000 Stormwater Maintenance Reserve Engineering 325,000 325,000 325,000 325,000 325,000 1,625,000 ADA Ramps Engineering 25,000 25,000 25,000 25,000 25,000 125,000 Arterial/Collector Mill and Overlay Engineering 1,450,000 1,520,000 1,570,000 1,650,000 1,730,000 7,920,000 Bridge Maintenance Reserve Engineering 100,000 100,000 100,000 100,000 100,000 500,000 Ditch Maintenance Projects ‐ Unspecified (New) Engin/Stormwater 100,000 0 100,000 0 100,000 300,000 Crack Sealing Program Engineering 120,000 126,000 132,000 139,000 145,000 662,000 Residential Street Seal Engineering 883,000 927,000 970,000 1,020,000 1,070,000 4,870,000 Curb and Gutter Drainage Complaint Project Engineering 100,000 100,000 100,000 100,000 100,000 500,000 GIS Engineering 10,000 0 0 0 0 10,000 Traffic Signal Upgrades/Repairs Engineering 50,000 103,000 74,000 76,000 111,000 414,000 ADA Sidewalk Replacement Parks & Facilities 10,000 30,000 ‐ 30,000 0 70,000 Aquatic Center Maintenance Reserve Parks & Facilities 25,000 25,000 25,000 25,000 25,000 125,000 Park Improvement Projects Parks & Facilities 25,000 150,000 150,000 150,000 150,000 625,000 Public Facilities Improvements Parks & Facilities 25,000 120,000 120,000 120,000 120,000 505,000 Spray Park Improvements Parks & Facilities 10,000 10,000 10,000 10,000 10,000 50,000 Trail Improvements Parks & Facilities 0 150,000 150,000 150,000 0 450,000 Land Acquisition Airport 0 150,000 150,000 150,000 150,000 600,000 Facility Improvement Reserve Airport 35,000 65,000 65,000 65,000 65,000 295,000 Fire Station Maintenance & Repair Projects Fire 75,000 75,000 75,000 75,000 75,000 375,000 Demolition of Condemed & Unsafe Houses Inspection 25,000 25,000 25,000 25,000 25,000 125,000 Total CIP Reserve Projects 4,909,000 5,762,000 6,002,000 6,321,000 6,662,000 29,656,000 Total CIP & Reserve Projects 25,194,838 14,953,645 8,814,000 14,071,566 11,624,000 74,658,049 2019 2020 2021 2022 2023

3 Attachment 3 Strategic Plan: Framework

1.1. Framework: Regional Setting & Historic Preservation Vision: Hutchinson takes pride in its history and culture, which contribute to the economic success and unique identity of the City.

G.1.1.a. Historic buildings and properties are maintained, rehabilitated and protected from deterioration and loss.

Strategy Lead Party Partners Start Date End Date Budget S.1.1.a.1. Implement and make periodic updates to the City of Hutchinson 2016 PLAN LM; CC 3/1/2017 12/31/2037 $$ Historic Preservation Action Plan and preservation ordinance.

S.1.1.a.2. Explore providing funding in the City’s budget for ongoing preservation PLAN FIN; LM; CC 1/1/2018 8/1/2018 $ consultation services to assist property owners with compliance with historic standards.

S.1.1.a.3. Explore updating the Downtown Design Guidelines. DM LM; PLAN 1/1/2019 12/31/2019 $$

S.1.1.a.4. Establish a catalytic investment entity (holding company) to control key DM CC; CM; DHRP 1/1/2021 12/1/2037 $$$$+ Downtown properties until a qualified developer is found.

S.1.1.a.5. Consider establishing a permanent incentive fund to offset the cost of façade DM LM; INS; PLAN 1/1/2020 12/31/2037 $$$ improvements, architectural services and code footprints (building code analyses).

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐ Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Framework

1.2. Framework: Downtown Vision: Downtown Hutchinson is vibrant and active during the day and evening and serves as the entertainment and specialty retail focus for the City.

G.1.2.a. Downtown Hutchinson has high‐quality, market rate, residential development, is walkable and appealing and has mixed uses.

Strategy Lead Party Partners Start Date End Date Budget S.1.2.a.1. Promote more residential living spaces and live/work units Downtown. DM HC; PLAN 7/31/2018 12/31/2020 $$$

S.1.2.a.2. Explore options to streamline the development review process for PLAN INS; DM 7/1/2017 12/31/2018 $ Downtown property owners.

S.1.2.a.3. Conduct educational seminars for Downtown property owners on tax credits, PLAN DM; CM 1/1/2018 12/31/2022 $$ building codes and other issues of interest and actively lobby for retaining tax credits at the state level.

S.1.2.a.4. Examine the City’s Zoning Regulations to determine if changes need to be PLAN DM; INS 7/1/2017 6/30/2018 $ made to facilitate mixed uses Downtown.

G.1.2.b. Downtown is the City’s entertainment core and offers events, plays, movies, festivals and other activities year‐round.

Strategy Lead Party Partners Start Date End Date Budget S.1.2.b.1. Improve marketing for Downtown events, activities and businesses. DM CVB 1/1/2021 12/31/2022 $$

S.1.2.b.2. Encourage Downtown shops to shift operating hours to extend to 7 PM to DM CC; CHAM; DHRP 7/1/2017 12/31/2037 $ allow for shopping past the normal office business day.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

S.1.2.b.3. Explore opportunities to establish a community “green” for outdoor DM PLAN 1/1/2021 12/31/2021 $$$$+ concerts, events and gatherings.

S.1.2.b.4 Develop a cohesive Downtown Plan that establishes a distinctive and unifying PLAN DM; DHRP; CC; CHAM; CVB 1/1/2022 12/31/2023 theme to connect the City’s Downtown assets.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

1.3. Framework: Demographics Vision: Hutchinson is a self‐sustaining and moderately growing city that is home to people of all ages, backgrounds and abilities.

G.1.3.a. Hutchinson has a moderate but steady population growth rate.

Strategy Lead Party Partners Start Date End Date Budget S.1.3.a.1. Reduce barriers to economic development, including building and fire code INS ENG; FIRE; INS; PLAN 1/1/2018 12/31/2018 $ barriers.

G.1.3.b. Hutchinson is a diverse community that represents people of various backgrounds and is welcoming to all cultural groups.

Strategy Lead Party Partners Start Date End Date Budget S.1.3.b.1. Provide Spanish language brochures and/or website information for the CM All City Departments 1/1/2018 7/15/2019 $$ City’s major programs.

S.1.3.b.2. Offer incentive pay for City employees qualified to serve as interpreters and HUM CC; CM 1/1/2018 12/31/2018 $$ translators.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

1.4. Framework: Environment Vision: Hutchinson values the environment and its natural resources and protects its citizens from adverse impacts of natural and manmade hazards.

G.1.4.a. Hutchinson residents and businesses are protected from the negative impacts of flood events.

Strategy Lead Party Partners Start Date End Date Budget S.1.4.a.1. Develop and implement a new Storm Water Management Master Plan, ENG PW 3/1/2017 12/31/2017 $$$ annual Capital Improvement Program and Green Space Plan.

S.1.4.a.2. Continue to collect storm water fees to finance storm water system FIN ENG; PW 3/1/2017 12/31/2037 $$$$ improvements identified in the Storm Water Management Master Plan.

G.1.4.b. The City’s flood prone areas are community assets that are protected from the adverse impacts of development.

Strategy Lead Party Partners Start Date End Date Budget S.1.4.b.1. Require flood prone areas to be dedicated as easements as part of new PLAN ENG; PW 7/1/2017 12/31/2017 $ development.

S.1.4.b.2. Conduct a study to determine the feasibility of conversion of existing storm ENG PARKS; PLAN; PW 1/1/2018 12/31/2018 $$ water system components (i.e., drainage canals, storm drain basins) into dual use facilities to enhance the City’s recreation network.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

G.1.4.c. Hutchinson residents are adequately prepared for natural hazards and are protected from the negative impacts of hazard events.

Strategy Lead Party Partners Start Date End Date Budget S.1.4.c.1. Conduct a fire hazard education program to inform residents and businesses FIRE CC 3/1/2019 12/31/2037 $ about prairie fire risks and prevention measures.

S.1.4.c.2. Consider revising city codes to require new developments to provide storm INS ENG; PLAN 1/1/2020 1/1/2021 $ shelters.

S.1.4.c.3. Revise City Regulations to ensure that drilling of oil wells and fracking are not PLAN ATT; ENG 1/1/2018 12/1/2018 $ allowed within the city limits.

S.1.4.c.4. Modify landscaping regulations to encourage xeriscaping and drought PLAN PARKS 1/1/2018 12/31/2018 $ tolerant, low water use plantings in public and private landscaping projects to conserve water and mitigate the impact of droughts.

S.1.4.c.5. Establish guidelines which outline the City’s and residents’ responsibilities PW CM; PARKS 1/31/2017 7/31/2018 $ following an ice storm or wind storm event.

S.1.4.c.6. Establish a City‐wide water conservation policy including the option for PW ENG; PARKS 1/1/2019 12/31/2019 $ mandatory water use restrictions during summer months and during droughts.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

1.5. Framework: Economy Vision: Hutchinson has a robust, resilient, and diversified economy that offers quality jobs with living wages to support families, a high standard of living, competitive tax rates and a strong draw for tourism.

G.1.5.a. Hutchinson’s workforce is well‐educated, highly skilled and prepared to work in local businesses and industries.

Strategy Lead Party Partners Start Date End Date Budget S.1.5.a.1. Improve marketing strategies to promote Hutchinson as a desirable IT CHAM; CM; CVB; DM 7/31/2017 12/31/2037 $$$ community with a low cost of living.

S.1.5.a.2. Partner with local school districts and private schools, as well as Hutchinson CM 308; 309; 312; 313; HCC 1/1/2018 12/31/2037 $$ Community College, to improve educational attainment in Hutchinson.

G.1.5.b. Attract and grow a wide variety of employers, especially those primary employers that attract sector clusters or generate secondary jobs.

Strategy Lead Party Partners Start Date End Date Budget S.1.5.b.1. Seek to diversify the economy by developing shovel‐ready properties across CM CHAM; ENG; PLAN; PW 3/1/2017 12/31/2021 $$$$ a wide variety of sectors.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

G.1.5.c. Tourism is a strong economic driver and reflects the unique attractions and amenity mix of Hutchinson.

Strategy Lead Party Partners Start Date End Date Budget S.1.5.c.1. Explore increasing the transient guest tax to raise revenues for marketing FIN CC; CHAM; CM; CVB 1/1/2018 12/31/2020 $ tourism, reduce expenditures from the General Fund and give attractions a facelift.

S.1.5.c.2. Examine arrangement and timeline for upgrading the Atrium and ensure FIN CM 4/1/2017 12/31/2018 $ targets are being met.

S.1.5.c.3. Improve pedestrian access and connectivity in areas near hotels and tourist ENG CC; CM; PARKS; RCAT 1/1/2018 12/31/2037 $$$$+ attractions by including such improvements in the CIP.

S.1.5.c.4. Explore options for running a visitor shuttle on a pilot basis to assist with DM CC; CVB; HEAL; HRC; PARKS; 1/1/2021 12/31/2021 $$$$ conveying travelers between attractions. RCAT

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

1.6. Framework: Infrastructure Vision: Hutchinson’s infrastructure is attractive, well‐maintained, serves multiple purposes and supports a growing population.

G.1.6.a. Hutchinson takes advantage of its extensive rail network to serve as an economic driver for the community.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.a.1. In partnership with the railroads, develop a master plan to reduce the PW ENG 3/1/2020 12/31/2037 $$$$ number of at‐grade crossings over time. This may involve acquisition of alternative rights‐of‐way and closure of some at‐grade crossings. Abandoned railway corridors could be repurposed as part of the City’s trail system as rail‐ tol‐trai amenities.

S.1.6.a.2. Explore options and financing sources for improving the safety of railroad ENG PLAN; PW 1/1/2019 12/31/2037 $$$$+ crossings with upgrades to signage, signals, gates, pavement design, pavement markings and geometric design.

S.1.6.a.3. Explore the feasibility of establishing quiet zones and installing wayside horns PW CC; CHAM; CM; ENG 1/1/2021 12/31/2022 $‐$$$$ at railroad crossings to reduce noise pollution associated with locomotive horns.

G.1.6.b. The City’s street network is efficient and well‐maintained.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.b.1. To reduce infrastructure costs per development, explore amendments to the PLAN CM; ENG; FIN; PW 1/1/2019 12/31/2022 $ zoning and subdivision regulations to encourage more compact development patterns.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

S.1.6.b.1 Draft a policy to address the timing requirements and payment ENG PLAN; PW; FIN; CC 1/1/2018 12/31/2018 $ responsibilities for new street infrastructure.

S.1.6.b.2. Evaluate traffic signal timing and warrants to keep up with changing traffic ENG 1/1/2018 12/31/2037 $$ patterns.

S.1.6.b.3. Continue to work on implementing a comprehensive pavement management ENG PW 3/1/2017 12/31/2037 $$ system to help the City choose cost effective strategies for maintaining the City’s streets.

S.1.6.b.4. Implement preventive street maintenance methods to prolong the life of the PW ENG 1/1/2020 12/31/2037 $$$$ City’s streets.

S.1.6.b.5 Maintain or increase CIP funding levels for streets. ENG CC; CM; ENG; FIN; PW 1/1/2018 12/31/2037 $$$$+

S.1.6.b.6. Implement a proactive approach to addressing potholes and drainage PW ENG 1/1/2021 12/31/2037 $$$ problems to include status updates to citizens.

S.1.6.b.7. Consider using special inspectors for oversight of street projects constructed ENG 1/1/2019 12/31/2037 $$ by private contractors to ensure work is held to a high standard.

S.1.6.b.8. To improve output and save costs, consider employing the use of City PW ENG; FIN; HUM 1/1/2019 12/31/2037 $$ personnel and City equipment on street projects, including reconstructions, mill and overlays and alley maintenance.

S.1.6.b.9. Explore winter projects to maximize the use of available City personnel. PW ENG; PARKS 1/1/2018 12/31/2037 $

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

G.1.6.c. The City’s street network accommodates a variety of users (vehicles, cyclists, pedestrians, public transit).

Strategy Lead Party Partners Start Date End Date Budget S.1.6.c.1. Continue to evaluate the need and feasibility for incorporating bicycle and ENG PARKS; PLAN 1/1/2018 12/31/2037 $ pedestrian facilities in all street construction, reconstruction and redesign projects.

S.1.6.c.2. Improve truck route and engine brake ordinance signage. ENG PW 1/1/2019 12/31/2020 $

S.1.6.c.3. Conduct educational seminars for bicycle and pedestrian safety. POL HRC; HEAL; PLAN 4/1/2017 12/31/2022 $$

G.1.6.d. The City has an ample supply of safe water to support residents and industry and can deliver it at a reasonable price.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.d.1. To protect water quality, explore changes to the city code to: 1) reduce the FIN PW 1/1/2018 12/31/2037 $ amount of impervious pavement required for new development, and 2) reduce the amount of storm water runoff onto into City streets and storm drains.

S.1.6.d.2. To improve water infrastructure condition, plan for gradual, moderate PW FIN 1/1/2018 12/31/2037 $ annual increases in user rates to keep up with maintenance costs and major capital improvements.

S.1.6.d.3. Prioritize the replacement and upgrade of critical water infrastructure to PW ENG; FIRE 1/1/2019 12/31/2037 $ reduce service interruptions and to increase fire protection.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

S.1.6.d.4. Replace problem area water mains with new and larger pipes as funds are PW CC 3/1/2017 12/31/2037 $$$$+ available, with a goal of replacing three miles per year by 2025.

S.1.6.d.5. Identify and inventory galvanized and lead water service lines and develop a PW FIN 3/1/2017 3/1/2019 $$ plan to replace them.

S.1.6.d.6. Develop a campaign to educate the public about methods to conserve water PW ENG; PARKS 1/1/2021 12/31/2037 $$ as well as the environmental and economic benefits of doing so.

S.1.6.d.7. Develop a water utility pro forma that can be updated by staff that includes ENG 1/1/2018 12/31/2018 $$ capital improvement projects, revenues, reserve funding, bonds and salaries to estimate rates and spread out increases over time. (This could be done in conjunction with Strategy S.1.6.e.7.)

G.1.6.e. The City’s sanitary sewer system is in good condition and efficiently conducts and treats waste flows, with the capacity for future growth.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.e.1. Focus on preventive maintenance and extending the useful life of existing PW 3/1/2017 12/31/2037 $$$ infrastructure.

S.1.6.e.2. Conduct sewer line inspections to identify root intrusion problems. Continue PW 3/1/2017 12/31/2017 $$ using chemical root control and preventive maintenance measures.

S.1.6.e.3. Develop a Fats, Oil and Grease (FOG) program. PW INS 1/1/2019 12/31/2019 $$

S.1.6.e.4. Conduct an infiltration and inflow (I & I) study to identify areas with excessive PW ENG 1/1/2019 12/31/2019 $$$ I & I problems.

S.1.6.e.5. Make upgrades to the wastewater treatment plant. PW ENG 1/1/2021 12/31/2022 $$$$+

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

S.1.6.e.6. Explore diversification of biosolids disposal to ensure long‐term viability. PW ENG; PLAN 1/1/2021 12/31/2022 $$$

S.1.6.e.7. Develop a sanitary sewer pro forma that can be updated by staff that ENG 1/1/2018 12/31/2018 $$ includes capital improvement projects, revenues, reserve funding, bonds and salaries to estimate rates and spread out increases over time. (This could be done in conjunction with Strategy S.1.6.d.7.)

G.1.6.f. Hutchinson’s public transportation system succeeds in providing an affordable, safe and easy‐to‐use means of transportation to all residents, especially to the elderly and to those of low‐income, and has ever‐increasing ridership.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.f.1. Coordinate with RCAT to identify locations for fixed‐route bus stops, pull‐ ENG PLAN; RCAT 3/1/2017 12/31/2037 $$ outs, sidewalks and shelters and plan for their installation in conjunction with City street projects and new development proposals.

G.1.6.g. Hutchinson’s airport facilities are highly desirable and competitive with airports in the region and are fully utilized (by aircraft management companies and aircraft owners), requiring little reliance on City funding to support their operations and maintenance.

Strategy Lead Party Partners Start Date End Date Budget S.1.6.g.1. Develop an Airport Business Plan to include: PARKS CHAM; CVB; PLAN 1/1/2018 12/31/2019 $$ 1) Marketing and outreach; 2) Establishment of an Airport Authority; 3) Identification of the Airport as a key Gateway for the City; 4) Establishment of fees for heavy aircraft; and 5) A long‐term strategy for Airport sustainability.

S.1.6.g.2. Establish a pavement maintenance plan for the airport. PARKS ENG; PW 1/1/2020 12/31/2020 $$$

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

1.7. Framework: Land Use Vision: Hutchinson is an active and vibrant City with compatible land use patterns that support a safe, growing and welcoming community.

G.1.7.a. Hutchinson has a friendly and predictable development process that generates attractive developments.

Strategy Lead Party Partners Start Date End Date Budget S.1.7.a.1. Revise the City’s zoning ordinance to reduce the number of uses to broad use PLAN PC 7/1/2017 12/1/2017 $ categories.

S.1.7.a.2. Revise the City’s zoning ordinance to reduce the number of uses requiring PLAN PC 7/1/2017 12/1/2017 $ special permitting and to include mitigation measures for as many uses as possible as part of the regulations.

S.1.7.a.3. Eliminate ambiguous zoning districts – EN, CR, C‐3 & I‐2 – in order to reduce PLAN PC 1/1/2018 12/1/2018 $ the number of nonconforming uses and clarify the status of these properties.

S.1.7.a.4. Simplify the City’s landscape regulations. PLAN ENG; PARKS; PC 1/1/2019 12/1/2019 $

S.1.7.a.5. Revise existing parking standards to meet both the needs of vehicles and PLAN PARKS; ENG 1/1/2019 7/31/2019 $ pedestrians.

S.1.7.a.6. Develop a zoning district to support the Airport and compatible uses. PLAN PARKS, PC 3/1/2017 7/1/2017 $

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

G.1.7.b. Hutchinson has plenty of land available to grow into the future.

Strategy Lead Party Partners Start Date End Date Budget S.1.7.b.1. Work with Reno County to establish extraterritorial jurisdiction, shared PLAN CC: CM; COUNTY 7/1/2017 12/1/2018 $ jurisdiction, a mandatory annexation zone or some other option that protects the City’s borders and allows for expansion to 2037 and beyond.

S.1.7.b.2. Develop a utility extension and annexation policy. PLAN CC; CM; ENG; PW 1/1/2019 12/31/2019 $

G.1.7.c. Hutchinson has a logical development pattern that mitigates the impacts of undesirable land uses.

Strategy Lead Party Partners Start Date End Date Budget S.1.7.c.1. Conduct an incompatible use study and develop a plan for PLAN PC 1/1/2020 12/1/2020 $$$ mitigating/removing conflicts.

S.1.7.c.2. Fund a brine well study that identifies locations of abandoned wells and PW ENG; PLAN 1/1/2019 12/31/2020 $$$ contains a mitigation plan and proposed funding sources in order to foster redevelopment in these areas.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

2.1. Livability: Housing & Neighborhoods Vision: Hutchinson’s neighborhoods are unique, diverse and compete well in the regional housing market; they include distinctive housing options that are safe and meet the needs of all residents.

G.2.1.a. Hutchinson has a variety of quality housing across the entire city.

Strategy Lead Party Partners Start Date End Date Budget

S.2.1.a.1. Develop a targeted demolition plan that maximizes reuse of properties. INS PLAN 1/1/2018 6/30/2018 $

S.2.1.a.2. Support pilot projects for housing to determine the viability of innovative PLAN HC; INS; LB 1/1/2020 12/31/2037 $$$ solutions.

S.2.1.a.3. Focus efforts in feature neighborhoods to maximize impact and improve PLAN HC; HHNI 1/1/2017 12/31/2037 $ valuation.

S.2.1.a.4. Change the replacement/new home mobile home standard to “no more than PLAN PC 7/1/2017 12/1/2017 $ 20 years.”

G.2.1.b. Hutchinson is a desirable community for residential development, including the area south of 11th Avenue.

Strategy Lead Party Partners Start Date End Date Budget

S.2.1.b.1. Implement the recommendations of the Infill Development Study. PLAN PLAN; INS; ENG; HC; LB 1/1/2018 1/1/2019 $$$

S.2.1.b.2. Review current regulations for barriers to infill development and PLAN INS; DM; CC 7/1/2017 12/31/2018 $ discretionary items that increase development costs.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

S.2.1.b.3. Evaluate the effectiveness of the Rural Housing Incentive Districts in PLAN HC 7/1/2022 12/31/2022 $ increasing new home construction.

G.2.1.c. Hutchinson residents take pride in their neighborhoods and feel confident about the housing market.

Strategy Lead Party Partners Start Date End Date Budget

S.2.1.c.1. Map all neighborhood boundaries within the City. PLAN HHNI; HRC; UNIVERSITY 1/1/2018 6/1/2018 $

S.2.1.c.2. Create a Neighborhood Development Plan that provides an outline for PLAN HHNI; HRC 1/1/2018 7/1/2018 $ neighborhood revitalization and includes tools for healthier neighborhoods to use to remain healthy.

S.2.1.c.3. Provide ongoing housing and neighborhood education, offering residents PLAN HRC; HHNI; HC 1/1/2017 12/31/2037 $ opportunities to learn about a variety of housing topics.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

2.2. Livability: Public Safety Vision: Hutchinson provides a safe environment for people of all ages and backgrounds.

G.2.2.a. All residents of Hutchinson have adequate public safety coverage and access to public safety personnel.

Strategy Lead Party Partners Start Date End Date Budget

S.2.2.a.1. Conduct a community risk and hazard analysis. FIRE CC 1/1/2019 12/31/2019 $

S.2.2.a.2. Explore a variety of patrol development strategies based upon analytical data POL CC; PLAN 1/1/2019 3/31/2019 $‐$$$ in an effort to reduce and prevent crime.

S.2.2.a.3 Provide a 3 to 5 year strategic plan focused on specific Fire Department goals FIRE CC 1/1/2019 12/31/2019 $$ and objectives that communicate the manpower and resources required to protect the community. This should include budget and funding considerations.

S.2.2.a.4 Develop a standard of cover that identifies the number of firefighters, fire FIRE CC 1/1/2020 12/31/2020 $$ apparatus, and fire stations required to protect the community, based on the hazard and risk analysis.

S.2.2.a.5. Develop a wildland/urban interface fire mitigation plan. FIRE PLAN; INS; ENG 1/1/2021 12/31/2021 $

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

G.2.2.b. All residents are safe in their homes, place of work and the community.

Strategy Lead Party Partners Start Date End Date Budget

S.2.2.b.1. Remove complaint only enforcement of key property maintenance and INS PLAN 10/1/2019 12/31/2037 $ zoning codes. Require all properties to maintain a minimum standard of safety.

S.2.2.b.2. Review proposed developments based on potential safety risks and revise PLAN INS; POL; FIRE 1/1/2020 5/31/2037 $ codes to be more safety‐oriented.

S.2.2.b.3. Partner with the State to conduct a study on the impacts of the Hutchinson POL PLAN; CM; KSC 1/1/2021 12/31/2021 $$‐$$$ Correctional Facility on the City and develop strategies to reduce those impacts.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

2.3. Livability: Sense of Place Vision: Hutchinson is an inviting community with residents who value and support our unique identity.

G.2.3.a. Key City entrances and corridors are attractive and inviting.

Strategy Lead Party Partners Start Date End Date Budget

S.2.3.a.1. Conduct periodic First Impression Surveys to monitor progress toward PLAN CC; CM 1/1/2019 12/31/2037 $ meeting aesthetic goals.

S.2.3.a.2. Improve and maintain all entrances and wayfinding signage in Hutchinson. CM PARKS; PLAN; PW 1/1/2018 12/31/2037 $$$$+

S.2.3.a.3. Develop and implement a cohesive Streetscape Plan for major corridors and ENG PLAN; PARKS; PW 6/1/2020 12/31/2022 $$$ work with businesses for façade and landscaping improvements and placemaking.

G.2.3.b. Hutchinson has a unique, attractive character that makes our community marketable.

Strategy Lead Party Partners Start Date End Date Budget

S.2.3.b.1 Develop a community brand. CM CHAM; CVB; PLAN 10/1/2017 10/1/2018 $$

S.2.3.b.2. Create a Contextual Plan that would utilize public art as a tool for reinforcing CM ART; PLAN 1/1/2019 6/1/2019 $ community identity.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

2.4. Livability: Community Health Vision: Hutchinson is the healthiest community in Kansas, a mecca for active, thriving people.

G.2.4.a. Hutchinson residents have access to quality medical services, healthy food options and exercise opportunities.

Strategy Lead Party Partners Start Date End Date Budget

S.2.4.a.1. Invite medical professionals to join or participate in City commissions and PLAN CM 7/1/2018 12/31/2037 $ initiatives.

S.2.4.a.2. Test pilot the use of outdoor exercise equipment in City parks. If successful, PARKS HEAL; HRC 7/1/2019 7/31/2020 $$$ promote inclusion of exercise equipment and classes in parks & trails programming.

S.2.4.a.3. Facilitate active living through development design requirements. PLAN PARKS; INS; HRC; HEAL 7/1/2018 12/31/2019 $

G.2.4.b. Hutchinson residents are strong and hardy, reflecting our prairie heritage.

Strategy Lead Party Partners Start Date End Date Budget

S.2.4.b.1. Conduct ongoing education efforts with Law Enforcement and Fire personnel POL FIRE 6/30/2017 12/31/2037 $ in Crisis Intervention skills when dealing with Mental Health Consumers, Drug Offenders and the Homeless.

S.2.4.b.2. Remove regulatory barriers for placement of adult day care, treatment PLAN ATT; CC; INS; POL 6/1/2019 6/1/2020 $ facilities and recovery homes in the community.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Livability

2.5. Livability: Education & Youth Vision: Hutchinson is home to one of the best education systems in the State and amply prepares youth for the future.

G.2.5.a. All children and adults have access to quality, affordable education and childcare options.

Strategy Lead Party Partners Start Date End Date Budget

S.2.5.a.1. Remove local regulatory barriers for establishing new childcare facilities. PLAN INS; FIRE; ENG 7/1/2020 7/1/2021 $

S.2.5.a.2. Establish the City as a test case for workplace childcare. CC PLAN; INS; FIRE; PARKS 1/1/2021 12/31/2022 $$$

G.2.5.b. Hutchinson provides opportunities to support and enhance skills of future leaders.

Strategy Lead Party Partners Start Date End Date Budget

S.2.5.b.1. Partner with youth organizations for community‐build projects (playgrounds, PARKS ENG; PW 7/1/2020 12/31/2037 $$ neighborhood cleanup events, Zoo volunteering, etc.)

S.2.5.b.3. Partner with local school districts and HCC to promote civic engagement and CC All Departments 1/1/2019 12/31/2037 $$ recruit the public employee workforce for tomorrow.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

308‐Hutchinson Schools; 309‐Nickerson‐South Hutchinson Schools; 312‐Haven Schools; 313‐Buhler Schools; ATT‐City Attorney; CC‐City Council; CHAM‐Chamber of Commerce; County‐Reno County; CM‐City Manager; CVB‐Convention and Visitors Bureau; DHRP‐ Downtown Revitalization Partnership; DM‐Downtown Manager; ENG‐Engineering Dept; FIN‐Finance Dept; HC‐Housing Commission; HCC‐Hutchinson Community College; HEAL‐Healthy Eating Active Living Coalition; HEALTH‐Reno County Health Dept; HHNI‐ Hutchinson Healthy Neighborhoods Initiative; INS‐Inspections Dept; IT‐Information Technologies Dept; KSC‐Kansas Department of Corrections; LB‐Land Bank Board of Trustees; LM‐Landmarks Commission; PARKS‐Parks, Recreation Facilities Dept; PC‐Planning Commission; PLAN‐Planning Development Dept; POL‐Police Dept; PW‐Public Works Dept; RCAT‐Reno County Area Transit Strategic Plan: Amenities

3.1. Amenities: Parks and Recreation Vision: Hutchinson residents have a variety of safe, affordable, accessible and attractive parks and recreation opportunities.

G.3.1.a. Hutchinson Parks are accessible, safe and attractive for all residents.

Strategy Lead Party Partners Start Date End Date Budget S.3.1.a.1. Develop a parks master plan to: PARKS PLAN; HRC 1/1/2018 7/1/2019 $$ 1) ensure adequate parkland is set aside in new subdivisions; 2) develop a strategy for parks and open space acquisition for infill areas; 3) consider the option of dual‐use parks/storm drainage facilities; 4) include park safety design standards for existing and future parks; 5) establish aesthetic standards for parks; and 6) consider surrounding land uses when acquiring future park space S.3.1.a.2. Prioritize parks and open space acquisition as part of the City’s Capital CM PARKS, PLAN 4/1/2018 12/31/2018 $$$ Improvement Program (CIP). S.3.1.a.3. Work with school districts to enhance public use of playgrounds. PARKS PLAN; HRC; 308; 313 7/1/2018 7/1/2019 $

S.3.1.a.4. Develop trail connections between City parks. PARKS PLAN; ENG; PW 3/1/2017 12/31/2037 $$$

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

3.2. Amenities: Trails, Bikeways and Pedestrian Facilities Vision: Hutchinson is well‐connected with bike and pedestrian facilities that provide ample active transportation and recreation options.

G.3.2.a. Hutchinson’s trails, bikeways and pedestrian facilities provide an active transportation alternative to vehicle travel.

Strategy Lead Party Partners Start Date End Date Budget S.3.2.a.1. Develop a public involvement process for bicycle and pedestrian facility PARKS ENG; PLAN; HRC 1/1/2021 12/31/2037 $$ improvements to educate the public and bolster support. S.3.2.a.2. Consider a dedicated bike and pedestrian improvement funding source that ENG PARKS; PLAN; HRC 1/1/2019 8/1/2019 $$$ is proportional to street improvement funding.

G.3.2.b. City sidewalks provide safe and complete routes for students walking to and from school, parks, shopping and other destinations.

Strategy Lead Party Partners Start Date End Date Budget S.3.2.b.1. Explore alternative design solutions for pedestrian uses. ENG PLAN; HRC; PARKS; 1/1/2020 12/31/2020 $$

S.3.2.b.2. Explore creation of a sidewalk repair fund/program for low‐income residents. PLAN CC; ENG; HRC; PARKS 3/1/2020 12/2/2020 $$$

S.3.2.b.3. Develop a sidewalk connection incentive plan for new development, allowing PLAN 7/1/2018 12/31/2018 $ for reductions in parking requirements or other incentives where sidewalks are constructed beyond the frontage of the development property.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

3.3. Amenities: Community Assets Vision: Hutchinson's community assets attract visitors from around the nation and provide recreational and educational opportunities for residents of all ages.

G.3.3.a. Community assets attract visitors to Hutchinson and contribute to its economy and quality of life.

Strategy Lead Party Partners Start Date End Date Budget S.3.3.a.1. Establish a performance reporting program, measuring return on investment FIN CM; CC 1/1/2018 12/31/2037 $$ for all Hutchinson community assets receiving City funding. S.3.3.a.2. Review the return on investment for City assets (Memorial Hall, Salt City CM FIN; CC 1/1/2020 12/31/2037 $ Splash, Hutchinson Zoo, Etc.), as well as the desires of the public, when making decisions about retention and renovation of these facilities.

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

3.4. Amenities: Trees and Open Space Vision: Hutchinson's trees and open spaces are appealing and attractive and serve as assets for the community.

G.3.4.a. Hutchinson’s open spaces serve the ecological, economic and aesthetic needs of the City.

Strategy Lead Party Partners Start Date End Date Budget S.3.4.a.1. As part of the Stormwater Master Plan: ENG PLAN; PARKS; PW 3/1/2017 7/1/2017 $$ 1) establish regulations that encourage multi‐use stormwater management areas which utilize alternative practices such as bioswales and rain gardens and 2) allow dual‐use parks/storm drainage facilities (see strategy S.3.1.a.1).

G.3.4.b. Hutchinson has a diverse, resilient and beautiful urban forest that adds to the aesthetic, economic and ecological character of the city.

Strategy Lead Party Partners Start Date End Date Budget S.3.4.b.1. Develop a Tree Master Plan that establishes a standard focusing on diversity, PARKS PLAN 1/1/2022 12/31/2022 $$$ context and maintenance needs and includes a tree inventory. S.3.4.b.2. Require all new subdivisions and developments to adhere to the Tree Master PLAN PARKS 1/1/2022 12/31/2022 $ Plan. S.3.4.b.3. Explore options for assisting lower‐income residents with street tree PARKS HRC; PLAN; HHNI 7/1/2022 12/31/2022 $$ maintenance. S.3.4.b.4. Develop and distribute educational materials pertaining to street trees. PARKS PLAN; HHNI 1/1/2022 12/31/2037 $

S.3.4.b.5. Raise awareness of Hutchinson’s tradition as a designated Tree City USA. PARKS CVB; CHAM 1/1/2018 12/31/2019 $

$=<$10,000; $$=$10,000‐$49,999; $$$=$50,000‐$99,999; $$$$=$100,000‐$149,999; $$$$+=150,000+

Comprehensive Project Department Plan Category Conformance  Not in Plan but fits with S.1.2.b.4 Develop a cohesive Resurface Sherman & Downtown Framework: Downtown Plan that establishes a distinctive and Walnut South Lot & Development Downtown unifying theme to connect the City’s Downtown Streetscape assets  S.1.6.d.3. Prioritize the replacement and upgrade of Water Tower #1 coating Framework: Public Works critical water infrastructure to reduce service Project Infrastructure interruptions and to increase fire protection.  S.1.6.d.3. Prioritize the replacement and upgrade of Main Street 5th to 13th Framework: Public Works critical water infrastructure to reduce service Waterline Replacement Infrastructure interruptions and to increase fire protection. Lining 4600 feet of 27-inch Framework:  S.1.6.e.1. Focus on preventive maintenance and Sanitary Sewer – Poplar to Public Works Infrastructure extending the useful life of existing infrastructure. Severance  S.1.4.a.2. Continue to collect storm water fees to Cow Creek Channel Framework: Engineering finance storm water system improvements identified Expansion Infrastructure in the Storm Water Master Plan.

 S1.6.b.5. Maintain or increase CIP funding levels for Framework: streets. Woodie Seat Freeway Infrastructure  S.1.6.b.4. Implement preventive street maintenance Engineering Median, Milling & Overlay Livability: Sense of methods to prolong the life of the City’s Streets. Place  S.2.3.a.2. Improve and maintain all entrances and wayfinding signage in Hutchinson. Carey Park McQueen Amenities: Fields Parking Lot Parks & Facilities  Not in Plan – Maintenance item. Community Assets Expansion Fun Valley Replacement Amenities: Fun Valley  Not in Plan – Maintenance item. Bleachers Community Assets Hangar Two Floor Framework: Airport  Not in Plan – Maintenance item. Refurbish Infrastructure  Not in Plan but fits with S.1.6.g.1. Develop an Airport Business Plan to include: 1) Marketing and outreach; Taxiway Alpha Slurry Seal Framework: Airport 2) Identification of the Airport as a key Gateway for & Remarking Infrastructure the City; 3) Establishment of fees for heavy aircraft; 4) A long-term strategy for airport sustainability. Clubhouse Carpet Amenities: Golf  Not in Plan – Maintenance item. Replacement Community Assets Golf Course Master Plan Amenities: Golf  Not in Plan – Maintenance item. Renovations Community Assets Police Law Enforcement Livability: Police  Not in Plan – Maintenance item. Center Remodel Public Safety  Not in Plan But fits with S.2.2.a.4. Develop a standard Livability: of cover that identifies the number of firefighters, fire Six Extractors Fire Public Safety apparatus and fire stations required to protect the community, based on the hazard and risk analysis.  Not in Plan But fits with S.2.2.a.4. Develop a standard Pole Shed Cost Share with Livability: of cover that identifies the number of firefighters, fire Hutchinson Community Fire Public Safety apparatus and fire stations required to protect the College community, based on the hazard and risk analysis.

1 Attachment 5 2019-2022 Capital Improvement Projects

Funding Comprehensive Project Year(s) Plan Category Conformance Rebuild & Reconfigure 5th & Framework: 2019  Not in Plan – Maintenance Item. Main Parking Lot Downtown Resurface Sherman & Walnut Framework: 2019  Not in Plan – Maintenance Item. South Lot & Streetscape Downtown  S.1.6.d.3. Prioritize the replacement and upgrade of Framework: Water Tower #1 Coating Project 2019 critical water infrastructure to reduce service Infrastructure interruptions and to increase fire protection.  S.1.6.b.4. Implement preventive street maintenance 11th Ave (Harsha Canal to Framework: methods to prolong the life of the City’s Streets. 2019 Monroe St) Reconstruct Infrastructure  S.1.6.b.5. Maintain or increase CIP funding levels for streets. Livability: Public New Fire Station #1 2019  Planned improvement. Safety Livability: Public Fire Training Drill Grounds Roads 2019, 2020  Not in Plan – Maintenance item. Safety Taxiway Alpha Slurry Seal and Framework:  S.1.6.g.2. Establish a pavement maintenance plan for 2019 Remarking Infrastructure the airport. Framework: Hangar Two Floor Refurbish 2019  Not in Plan – Maintenance Item Infrastructure Amenities: Zoo Playground 2019  Not in Plan – Maintenance Item Community Assets ADA Playground Equipment – Amenities: Parks & 2019  Not in Plan – Maintenance Item. Robert Daines / Carey Park Recreation 2019, 2020, Amenities: Parks &  S.3.1.a.2. Prioritize parks and open space acquisition Bike Park 2021 Recreation as part of the City’s Capital Improvement Program. Mill & Resurface Carey Park Amenities: Parks & 2019  Not in Plan – Maintenance Item. Fishing Pond Road Recreation Amenities: Parks & Dredging Lagoons at Carey Park 2019  Not in Plan – Maintenance Item. Recreation Carey Park McQueen Fields Amenities: Parks & 2019  Not in Plan – Maintenance Item. Parking Lot Recreation Pedestrian Bridge at Carey Park Amenities: Parks & 2019  Not in Plan – Maintenance Item. Lagoon Recreation Memorial Hall Floor Amenities: 2019  Not in Plan – Maintenance Item. Replacement Community Assets  Not in Plan but fits with: S.1.6.g.1. Develop an Airport Business Plan to include: 1) Marketing and outreach; Framework: Midwest Malibu Apron 2019 2) Identification of the Airport as a key Gateway for Infrastructure the City; 3) Establishment of fees for heavy aircraft; 4) A long-term strategy for airport sustainability. Framework: Steakhouse Kitchen Floor 2019  Not in Plan – Maintenance Item. Infrastructure Replacement Bleachers for Fun Amenities: 2018, 2019  Not in Plan – Maintenance Item. Valley Community Assets Golf Course Master Plan 2019, 2020, Amenities:  Not in Plan – Maintenance Item. Renovations 2021, 2022 Community Assets Amenities: Clubhouse Carpet Replacement 2019  Not in Plan – Maintenance Item. Community Assets Clubhouse Seal & Line Amenities: 2019  Not in Plan – Maintenance Item. Clubhouse Parking Lot Community Assets

1 2019-2022 Capital Improvement Projects

Funding Comprehensive Project Year(s) Plan Category Conformance Resurface 1st & Washington Framework: 2020  Not in Plan – Maintenance Item. Parking Lot Downtown Rebuild & Reconfigure 2nd & Framework: 2020  Not in Plan – Maintenance Item. Walnut Parking Lot Downtown  S.1.6.d.3. Prioritize the replacement and upgrade of Water Tower #2 Coating and Framework: 2020 critical water infrastructure to reduce service Security Fence Project Infrastructure interruptions and to increase fire protection.  S.1.6.d.3. Prioritize the replacement and upgrade of RO Membrane Test and Cleaning Framework: 2020 critical water infrastructure to reduce service Stand Infrastructure interruptions and to increase fire protection. Woodie Seat Freeway Median, Livability: Sense of  S.2.3.a.2. Improve and maintain all entrances and 2020 Milling & Overlay Place wayfinding signage in Hutchinson.  S.1.6.b.4. Implement preventive street maintenance 3rd Ave (Pershing to Lorraine St) Framework: methods to prolong the life of the City’s Streets. 2020, 2021 Reconstruct Infrastructure  S.1.6.b.5. Maintain or increase CIP funding levels for streets. Terminal Building Restroom Framework: 2020  Not in Plan – Maintenance Item. Remodel Infrastructure  Not in Plan but fits with: S.1.6.g.1. Develop an Airport Business Plan to include: 1) Marketing and outreach; Airport North Maintenance Shed Framework: 2020 2) Identification of the Airport as a key Gateway for Utilities Infrastructure the City; 3) Establishment of fees for heavy aircraft; 4) A long-term strategy for airport sustainability. Amenities: Parks & Zoo Pathway Lighting 2020  Not in Plan – Maintenance Item. Recreation SW Bricktown (Ashmede) Park Livability: Housing  S.2.1.a.3. Focus efforts in feature neighborhoods to 2020 Development & Neighborhoods maximize impact and improve valuation. Livability: Housing  S.2.1.a.3. Focus efforts in feature neighborhoods to Elmdale Vestibule 2020 & Neighborhoods maximize impact and improve valuation. ADA Playground Equipment – Amenities: Parks & 2020  Not in Plan – Maintenance Item. Rice Park Playground Recreation Stremmel Parking Lot Amenities: Parks & 2020  Not in Plan – Maintenance Item. Replacement Recreation Amenities: Fun Valley Restroom Renovation 2020  Not in Plan – Maintenance Item. Community Assets Golf Course Wood Frame Roof Amenities: 2020  Not in Plan – Maintenance Item. Replacements Community Assets  S.1.2.b.4. Develop a cohesive Downtown Plan. [This parking will support the Flag Theatre and new Acquire & Build 3rd Street Infrastructure: 2021 businesses and residents expected in this area Parking Lot Downtown following the streetscape improvements presently underway.]  S.1.6.d.3. Prioritize the replacement and upgrade of Framework: Water Tower #3 Coating Project 2021 critical water infrastructure to reduce service Infrastructure interruptions and to increase fire protection.  S.1.6.b.4. Implement preventive street maintenance CCLIP (formerly KLINK) K-61 11th Framework: methods to prolong the life of the City’s Streets. 2021 through 17th Ave Infrastructure  S.1.6.b.5. Maintain or increase CIP funding levels for streets.

2 2019-2022 Capital Improvement Projects

Funding Comprehensive Project Year(s) Plan Category Conformance  S.1.6.b.4. Implement preventive street maintenance Halstead Street 26th to 30th Ave Framework: methods to prolong the life of the City’s Streets. 2021-2022 Reconstruct Infrastructure S.1.6.b.5. Maintain or increase CIP funding levels for streets. Amenities: Zoo Pond Dredging 2021  Not in Plan – Maintenance Item. Community Assets  G.3.3.a. Community assets attract visitors to Amenities: Zoo Prairie Exhibit 2021, 2022 Hutchinson and contribute to its economy and quality Community Assets of life. ADA Restroom at Farmington Livability: Housing  S.2.1.a.3. Focus efforts in feature neighborhoods to 2021 Park & Neighborhoods maximize impact and improve valuation. Amenities: Trails,  G.3.2.a. Hutchinson’s trails, bikeways and pedestrian Trail Head at NEGVI Trail – North Bikeways and 2021 facilities provide an active transportation alternative Plum Pedestrian to vehicle travel. Facilities Amenities: Clubhouse Renovation 2021  Not in Plan – Maintenance Item. Community Assets  S.2.3.a.3. Develop and implement a cohesive Livability: Sense of Streetscape Plan for major corridors and work with Streetscape from C to Carey Park 2022 Place businesses for façade and landscaping improvements and placemaking.  Not in Plan but fits with: S.1.6.g.1. Develop an Airport Business Plan to include: 1) Marketing and outreach; Framework: Aircraft Hangar 2022 2) Identification of the Airport as a key Gateway for Infrastructure the City; 3) Establishment of fees for heavy aircraft; 4) A long-term strategy for airport sustainability. Amenities: Parks & Carey Park Street Lighting 2022  Not in Plan – Maintenance Item. Recreation Amenities: Hobart Detter Concession Stand 2022  Not in Plan – Maintenance Item. Community Assets Hobart Detter Press Box Amenities: 2022  Not in Plan – Maintenance Item. Renovation Community Assets ADA Playground at Carey Park Amenities: Parks & 2022  Not in Plan – Maintenance Item. Area #4 Recreation

3 ITEM 7A

Planning Commission Staff Public Hearing: September 25, 2018 Report (tentative)

DATE: August 3, 2018

TO: Hutchinson Planning Commission

FROM: Amy Allison, AICP Senior Planner

THROUGH: Jim Seitnater Director of Planning & Development

SUBJECT: STUDY SESSION: Industrial Neighborhood Rezone

FOR MEETING: August 14, 2018

REQUEST: Request for Planning Commission study session to review proposed zoning amendment for the Leonard Ave Neighborhood

BACKGROUND: Almost two decades ago, the City of Hutchinson annexed a large portion to the east of the city. During the annexation process, the entire area was zoned as I-3 Heavy Industrial, due to the larger share of land uses being industrial in nature. On July 2, 2018, City Staff was contacted by the owner of 2816 Leonard St. about rezoning the property. Due to the industrial zoning of the property, should the house be destroyed more than 50% of the appraised value, the property owner would not be able to rebuild. The property is allowed to continue the use as a residence due to it’s grandfathered status but because of the inability to rebuild lending institutions will not approve or refinance a loan.

After speaking with the property owner about her options, staff recommended contacting her neighbors who also have homes in the industrial district about rezoning the entire neighborhood. The owner has contacted her neighbors and provided the City with a signed petition from 21 of the 28 property owners requesting the rezone (Exhibit A).

ANALYSIS: Based on historical imagery, the neighborhood has seen a mixture of uses over the last thirty years. Uses include residential, motels, truck terminals, restaurants, a mobile home park among others. While some uses, truck terminal, is compatible with the I-3 zone, many uses that continue today are not.

There are a few options to consider for potentially rezoning. Option 1 would be to reclassify the neighborhood to the C-4 Special Commercial District. The uses that would be allowed by right or with special consideration are included in Exhibit B. With the proposed Land Use Table amendments, more industrial in nature uses would be permitted in the C-4 zoning district. Option 2 would be to rezone the neighborhood to EN Established Neighborhood Distrct. The permitted uses are also shown in Exhibit B. While this option still allows some flexibility, it is not as flexible as the C-4 District.

Staff drove the neighborhood to assess the current uses and conditions of the neighborhood. Based on review of properties, staff proposes the areas shown in Exhibit C be part of the rezone. Cases could be made for additional

1 of 2 ZA18-00000? | Industrial Neighborhood Rezone Study Session PC Meeting of 8/14/2018

NEXT STEPS: The following tentative schedule is proposed.

September 25, 2018 – Planning Commission Public Hearing October 16, 2018 – City Council Adoption

EXHIBITS: A – Neighborhood Petition B – Proposed Land Use Table C – Proposed Rezone Area

2 of 2 EXHIBIT A

I-3 to C-4 Rezoning Project EXHIBIT B Current Zoning

7TH

6TH

DUFFY

COREY

BELL

GRAND CESSNA

4TH

3RD CHEMICAL

3RD HALSTEAD 2ND

TAYLOR SCOTT

1ST

TOWN

SUPERIOR KIRBY

1ST 1ST LEONARD

SHERMAN

GRAND SHERMAN

SHERMAN TAYLOR A

Purpose: This area has single-family dwellings which are unable to secure financing due to Legend their zoning designation (I-3). The goal is to rezone this area to C-4, and with a Prepared by Planning and Development CUP, a property owner would be able to Subject Area MP C4 I1 I3 P/I Feet R4 July 11, 2018 secure financing and/or rebuild if the 0 125 250 500 750 1,000 www.hutchgov.com/planning home were destroyed. N I-3 to C-4 Rezoning Project Proposed Zoning

7TH

6TH

DUFFY

COREY

BELL

GRAND CESSNA

4TH

3RD CHEMICAL

3RD HALSTEAD 2ND

TAYLOR SCOTT

1ST

TOWN

SUPERIOR KIRBY

1ST 1ST LEONARD

SHERMAN

GRAND SHERMAN

SHERMAN TAYLOR A

Purpose: This area has single-family dwellings which are unable to secure financing due to Legend their zoning designation (I-3). The goal is to rezone this area to C-4, and with a Prepared by Planning and Development CUP, a property owner would be able to Subject Area MP C4 I1 I3 P/I Feet I3toC4RezoningProject R4 July 11, 2018 secure financing and/or rebuild if the 0 125 250 500 750 1,000 www.hutchgov.com/planning home were destroyed. N EXHIBIT C

§27-406.A. Use Table - Residential

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER USE CATEGORY Design Standards TA Specific Use C-1 C-3 I-1 I-3 C-R and Use R-1 R-3 R-4 R-5 R-6 MH MP C-5 P/I C-2 C-4 I-2 A-1 E-N Restrictions* R-2 RESIDENTIAL HOUSEHOLD LIVING, AS LISTED BELOW: Accessory dwelling unit N D D N D N N N N N N N D N See 27-406.A.1. Compact development / economy See 27-406.A.2. & N N N N D D D N N N N N N N home 27-406.A.3. Cottage court N N D D D D N N N N N N N N See 27-406.A.4. Live/work unit N N N N N N N N S D N N S N See 27-406.A.5. Manufactured home (residential design) D D D D D D N D S N N N S N See 27-406.A.6. Manufactured home (certified) N N N N N N D N N N N N N N See 27-406.A.7. Multi-unit living N N D D D N N D D D N N D D See 27-406.A.8. Non-ground floor dwelling (loft) N N N N N N N N S D N N N N See 27-406.A.9. Single-unit living D D D D D D N D S D N N S D See27- 406.A.10. Two-unit living S S D D D D N D S D N N S N See 27-406.A.11. CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED BY FEDERAL S S S D D S N D D S N N S N See 27-406.A.12. LAW: Assisted living S S S D D S N S S D N N S S See 27-406.A.12. Dormitory, fraternity, sorority S S S D S S N N N D N N S N See 27-406.A.13. Emergency Shelters D D D D D N N P P P N N P D See 27-406.A.14 27-406.B. Use Table – Commercial

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R-3 MH C-3 I-1 I-3 C-R R-1 R-5 R-6 C-1 C-2 C-5 P/I USE CATEGORY R-4 MP C-4 I-2 A-I E-N Design Standards & Use Specific Use R-2 Restrictions1 COMMERCIAL ADULT ENTERTAINMENT N N N N N N N S N S S N N See 27-406.B.1. ANIMAL SERVICES, EXCEPT AS LISTED See 27-901. & H H N H N P P P P N N P N BELOW: Ch 7 of this Code Boarding / Shelter / Veterinary Services D N N N N N N D N N N N D See 27-406.B.2. and Animal Hospitals Stables D N N N N N N N N N N N N See 27-406.B.3. EATING & DRINKING ESTABLISHMENTS, N N D D N P P P P N D D D See 27-406.B.4. EXCEPT AS BELOW: See Ch 18, Alcoholic Bar/Tavern N N N N N N N P P N N N P Liquors & Beverages Class A Club N S S S N P P P P P P D P See 27-406.B.5. Drive-In/Thru restaurant N N N N N N N D D N N D N See 27-406.B.6. Mobile vendor park N N N N N D D D D D D D D See 27-406.B.7. MEDICAL CARE, INCLUDING OFFICE, N N N N N P P P P N N P P EXCEPT AS BELOW: Extended care facility N N D N N P P P D N N P P See 27-406.B.8. Hospital N N N N N N N P D N N P P OFFICE, GENERAL N N N N N D D P P D D P P See 27-406.B.9. PARKING FACILITIES: Accessory P P P P P P P P P P P P P See 27-908.E. & See 27- Principal use N N N N N P P P P P P P P 702. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements H=Home Occupation Only 1Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail. RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R-3 MH C-3 I-1 I-3 C-R R-1 R-5 R-6 C-1 C-2 C-5 P/I USE CATEGORY R-4 MP C-4 I-2 A-I E-N Design Standards & Use Specific Use R-2 Restrictions1 COMMERCIAL (CONT’D) PUBLIC, INSTITUTIONAL & CIVIC D D D D D P P P P P P P P See 27-406.B.10. FACILITIES, EXCEPT AS BELOW: Cemetery D N N N N N N D N N N N D See 27-406.B.11. Cremation D N N N N N D D N N N N D See 27-406.B.12. Child or adult day care center / Day See 27-406.B.13. & care home (not owner occupied S S S S N D D D D D D D D 27-903 only) Day care home (owner occupied only) H H H H H H H H H N N H N See 27-903 Detention center N N N N N N N C N N C N C See 27-406.B.14. Large-scale assembly (20,000 sq. ft.) S S S S N D D D D N N S D See 27-406.B.15. RECREATIONAL & ENTERTAINMENT FACILITIES, AS LISTED BELOW: Passive recreation and small-scale D D D D D P P P P P P P P See 27-406.B.16. active recreation (< 1 acre) Active recreation (1+ acres) and D D D D D D D D D N N D P See 27-406.B.17. athletic fields Stadiums N N N N N N D D D N N D D See 27-406.B.18. Commercial recreation and entertainment, including movie N N N N N N D D D D D D D See 27-406.B.19. theatres, drive-in theatres and motorized recreation RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R-3 MH C-3 I-1 I-3 C-R R-1 R-5 R-6 C-1 C-2 C-5 P/I USE CATEGORY R-4 MP C-4 I-2 A-I E-N Design Standards & Specific Use R-2 Use Restrictions1 COMMERCIAL (CONT’D) See 27-406.B.20. REPAIR, EXCEPT VEHICLE REPAIR: H H H H N D D D D D D D D 27-901 RETAIL RENTAL & SALES: Ammunition / Firearms / Gunsmiths N H H H N N N D D N N N N See 27-406.B.21. Large (> 18,000 SF) N N N N N N N D D N N N N See 27-911 Medium (3001 – 18,000 SF) N N N N N N N P P N N P N Outdoor retail sales N N N N N D D D D N N D N See 27-406.B.22. Small (up to 3000 SF) N N N D N P P P P D D P D See 27-406.B.23. TRANSIENT ACCOMMODATIONS Bed & breakfast D D D D N D D D D N N D N See 27-406.B.24. Recreational Vehicle Park N N N N N N N C N C N N N See 27-906 Hotel, Motel, Extended Stay N N D N N D D P P N N D N See 27-406.B.25. SERVICES (PERSONAL), EXCEPT AS BELOW: H H H H H P P P P D D P D See 27-406.B.26. Dry cleaner N N N N N N P P P N N P N See 27-406.B.27 STORAGE, SELF-SERVICE N N N N N N D D N D D D N . [Repeal section 27-913] UTILITIES, EXCEPT AS BELOW: P P P P P P P P P P P P P Wind Energy Conversion Systems * * * * * * * * * * * * * *See 27-923 Wireless Communication Facilities (Public ROW) D D D D D D D D D D D D D See 27-406.B.28. Wireless Communication Facilities (Private ** ** ** ** ** ** ** ** ** ** ** ** ** **See 27-921 property) RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R-3 MH C-3 I-1 I-3 C-R R-1 R-5 R-6 C-1 C-2 C-5 P/I USE CATEGORY R-4 MP C-4 I-2 A-I E-N Design Standards & Specific Use R-2 Use Restrictions COMMERCIAL (CONT’D) VEHICLE SALES, SERVICE AND STORAGE, EXCEPT N N N N N P P P P N N P N AS NOTED BELOW: Boat / RV storage N N N N N N N D N D D N N See 27-406.B.29. Car wash, light-medium duty vehicles N N N N N D D D D D D D D See 27-901.J. Fueling station N N N N N N D D D D D D D See 27-901.30. Inoperable vehicle storage, accessory use N N N N N N N D D D D D D See 27-406.B.31. Motor vehicle repair (light- medium) N N N N N N N S S S S S D See 27-406.B.32. Truck stop N N N N N N N D N D D N N See 27-406.B.33.

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA C-R R-3 MH C-3 I-1 I-3 USE CATEGORY R-1 R-5 R-6 C-1 C-2 C-5 P/I Design Standards & R-4 MP C-4 I-2 A-I E-N Specific Use R-2 Use Restrictions1 INDUSTRIAL AND OTHER USES AGRICULTURAL USES, EXCEPT AS BELOW: D D D D D D D D D D D D D See 27-406.C.1. Agricultural chemical manufacture or storage / Agricultural product N N N N N N N N N D D N N See 27-406.C.2. processing or storage Community gardens D D D D D D D D D D D D D See 27-406.C.3. Agricultural equipment sales and N N N N N N N D N D D N N See 27-406.C.4. service Agricultural sales, including onsite N D D D D D N N N N N N N See 27-406.C.5. product sales D Feedlots N N N N N N N N N N N N N RESEARCH AND DEVELOPMENT See 27-406.C.6. N N N N N N N N N D P N C See 27-912 CONTRACTORS, AS DENOTED BELOW: Offices H H H H H D D D D P P D D See 27-406.C.7. Storage yards N N N N N N N D N D D D D See 27-912 Wholesale sales N N N N N N N N N D D N N HAZARDOUS MATERIALS See 27-406.C.8. N N N N N N N N N N C N N MANUFACTURING / STORAGE See 27-912 LANDFILL C C C C C C C C C C C C C See 27-406.C.10. MANUFACTURING: Artisanal N N N N N N N D D D D D N See 27-406.C.9.a. See 27-406.C.9.b. Light N N N N N N N N N D D N N See 27-912 See 27-406.C.9. c. Heavy N N N N N N N N N N D N N See 27-912 27-406.C. Use Table – Industrial & Other

RESIDENTIAL COMMERCIAL INDUSTRIAL / OTHER

TA R-3 MH C-3 I-1 I-3 C-R USE CATEGORY R-1 R-5 R-6 C-1 C-2 C-5 P/I Design Standards & R-4 MP C-4 I-2 A-I E-N Specific Use R-2 Use Restrictions1 INDUSTRIAL AND OTHER USES MINING / EXTRACTION C C C C C C C C C C C C C See 27-406.C.10. Oil/Natural Gas N N N N N N N N N N N N N REPAIR (AIRCRAFT, RAILCAR & HEAVY N N N N N N N N N N S N N See 27-406.C.10.a. VEHICLE) SALVAGE YARDS, INCLUDING AUTO N N N N N N N N N N C N N See 27-917 SALVAGE STORAGE AND WAREHOUSES, EXCEPT N N N N N N N D N D D N N See 27-406.C.11. SELF-SERVICE, AND AS LISTED BELOW: Outdoor storage (accessory) N N N N N N N N N D D N N See 27-406.C.12. TRANSPORTATION* Multi-modal transfer station N N N N N N N N N N S N N Railyard N N N N N N N N N N S N N Motor Freight Terminal N N N N N N N N N S P N N