Chapter 18.100
M-2 – GENERAL INDUSTRIAL DISTRICT
Sections:
18.100.010 Intent.
18.100.020 Permitted uses.
18.100.030 Conditional uses.
18.100.040 Intensity of use regulations.
18.100.050 Height regulations.
18.100.060 Yard regulations.
18.100.070 Use limitations.
18.100.080 Parking and loading regulations.
18.100.090 Sign regulations.
18.100.100 Landscaping.
18.100.110 Design standards.
18.100.010 Intent.
The M-2 General Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district. (Ord. 2017 § 2. Code 1990 § 16-519.1)
18.100.020 Permitted uses.
In District M-2, 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 following uses:
A. Any use permitted in District M-1 subject to the applicable development and performance standards.
B. Bottling works.
C. Bus barns or lots.
D. Carpentry, cabinet or pattern shops.
E. Carpet cleaning establishments where the cleaning occurs on the premises.
F. Chemical laboratories.
G. Cleaning, pressing and dyeing plants.
H. Cold storage plants.
I. Electroplating works.
J. Freight terminals (rail or truck).
K. Lumber yards.
L. Machine shops.
M. Moving, transfer or storage plants.
N. Railroad yards.
O. Sign painting or fabrication facilities. (Ord. 2017 § 2. Code 1990 § 16-519.2)
18.100.030 Conditional uses.
Only the following uses of land may be allowed in this district by conditional use permit when submitted to and reviewed and approved by the Planning Commission and City Council:
A. Grain elevators.
B. Livestock auction sales and/or sales of farm-related products including seed and feed.
C. Auto wrecking yards, junk yards, salvage yards and scrap processing yards subject, however, to the following:
1. Located on a tract of land at least 300 feet from a residential district zone.
2. The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence or wall at least eight feet high. The fence or wall shall be of uniform height, uniform texture and color, and have a density of not less than 80 percent and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard.
3. No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosing building, hedge, fence or wall, or within the public right-of-way.
4. Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the Fire Department except when prohibited by the State Board of Health. Said burning, when permitted, shall be done only during daylight hours.
5. No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.
6. Said use shall not be located on or visible from an arterial or major street or highway.
D. Manufacturing or storage of bulk oil, gas and explosives.
E. Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vibration.
F. Ready-mixed concrete and asphalt mix plants.
G. Sanitary land fill.
H. Stockyard and slaughterhouse.
I. Storage and warehousing of products of a highly explosive, combustible or volatile nature.
J. Wholesale and retail establishments which handle products of a highly explosive, combustible or volatile nature.
K. Communication transmission towers and antennas over 60 feet.
1. The purpose and intent of this subsection is to provide for the safe and effective installation and operation of wireless communication antennas, accessory equipment, and support structures. Each application for a conditional use permit for a communication tower shall be accompanied by the following information:
a. A site plan.
b. A report from a licensed professional structural engineer which describes the tower’s capacity including the number and type of antennas it can accommodate.
c. A report indicating the justification of the site selected for the communication tower and comparing all potential sites within a one-half mile radius. The report shall indicate why any existing tower within the one-half mile radius cannot be utilized by the applicant.
d. A photo simulation of the proposed facility from affected properties and the public right-of-way may be required.
e. An explanation of the need for the facility to maintain the integrity of the communication system. A map showing the service area of the proposed tower shall be submitted.
f. A signed statement from the applicant indicating the intention to share space on the tower with other carriers.
g. A copy of the lease between the applicant and the landowner. The lease shall contain the following provisions:
i. The landowner and the applicant shall have the ability to enter into a lease with other carriers for co-location.
ii. The landowner shall be responsible for the removal of the communication tower or facility within six months in the event the lessee fails to remove it upon abandonment.
2. Height. The maximum height which may be approved for a communication tower is 160 feet. A lightning rod, not to exceed 10 feet, shall not be included within the height limitation. All new towers in excess of 100 feet shall be designed to accommodate at least two additional providers. The location of the additional antennas on a legally existing tower shall not require additional approval of the Planning Commission or City Council.
3. Setbacks. All towers and antennas shall meet the required setbacks of the zoning district. In addition to complying with the district regulations, the antenna shall be set back from the property lines a distance equal to the height of the communication tower. A lesser setback may be approved with the conditional use permit, upon demonstration by a licensed structural engineer registered in the State of Kansas that the fall zone of the communication tower is within the radius of the setback.
If the communication tower and antenna are set back less than the height of the tower or antenna, it shall be inspected and approved upon construction, by a licensed structural engineer, registered in the State of Kansas. Such towers shall be re-inspected every five years to ensure the structural integrity and safety of the antenna.
4. Tower Design. All communication towers shall be of a monopole design unless required by the Planning Commission or Governing Body to be architecturally compatible to surrounding development.
5. Tower Color. All communication tower and antenna structures shall be galvanized metal, except otherwise required by the Planning Commission or City Council. Exceptions may be granted, based on FAA or FCC regulations.
6. Equipment Storage. Mobile or immobile equipment not used in direct support of the tower facility shall not be stored or parked on the site of the communication tower unless repairs to the tower are being made
7. Accessory Structures. All ground equipment shall be stored with a structure, built of materials compatible with the location and types of surrounding land uses. Use of metal buildings is prohibited.
8. Landscaping. All equipment buildings shall be screened with landscaping or fencing appropriate to the location and types of surrounding land uses. The site shall be landscaped per Chapter 18.165 GMC.
9. Access. Access from a public or private roadway. The City Council may waive surfacing materials, curbing and storm water drainage requirements, if recommended by the City Engineer.
10. Security Fencing. Sites shall be enclosed by security fencing to be indicated on the site plan.
11. Permitting. A building permit with structural and electrical drawings, sealed by licensed structural engineer registered in the State of Kansas, is required. (Ord. 2017 § 2. Code 1990 § 16-519.3)
18.100.040 Intensity of use regulations.
A. Minimum lot area: 10,000 square feet.
B. Minimum lot width: 100 feet. (Ord. 2017 § 2. Code 1990 § 16-519.4)
18.100.050 Height regulations.
Maximum height of structure: 50 feet within 150 feet of a residential district; 100 feet when more than 150 feet from a residential district. (Ord. 2017 § 2. Code 1990 § 16-519.5)
18.100.060 Yard regulations.
A. Front Yard. A front yard of not less than 50 feet shall be provided.
B. Side Yard. No side yard shall be less than 10 feet, except when adjacent to residential district then 20 feet shall be required.
C. Rear Yard. No rear yard shall be less than 15 feet or 20 percent of the depth of the lot, except when adjacent to residential district then 20 feet shall be required. (Ord. 2017 § 2. Code 1990 § 16-519.6)
18.100.070 Use limitations.
A. All operations and activities shall be conducted within a building or buildings. Storage may be maintained outside said buildings, provided the view of said storage area is properly screened from adjacent streets and residential areas.
B. Outdoor storage areas shall require a solid or semi-solid fence or wall at least six feet, 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 an adjoining residential district or adjacent to a street right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the M-2 District.
C. No building shall be used for residential purposes except that a watchman (single person) may reside on the premises for security purposes.
D. All industries within this District shall comply fully with all applicable current Kansas statutes, federal regulations and municipal ordinances regarding environmental controls, including but not limited to the following:
1. State of Kansas Air Pollution Emission Control Regulations.
2. Kansas State Department of Health and Environment Minimum Standards for Design of Water Pollution Control Facilities.
3. All applicable municipal ordinances and policies covering sewer use, effluent discharge and design and construction of facilities required for discharge of industrial wastes.
E. Buildings should be oriented so that the front or side of the building faces the public street frontage of the property. In unique situations due to the design of the lot with double or triple frontages where it is necessary to orient a rear elevation towards a public street, all loading and services areas shall be screened from public view with landscaping, berming, facade walls, or fencing. (Ord. 2017 § 2. Code 1990 § 16-519.7)
18.100.080 Parking and loading regulations.
Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at said establishments during working hours.
In no case shall less than five spaces be provided. Such parking area shall be surfaced with a permanent bituminous or portland cement concrete pavement meeting the standards of the specifications of the City of Gardner and no portion of the parking area shall be closer than 30 feet to a public street. (Ord. 2017 § 2. Code 1990 § 16-519.8)
18.100.090 Sign regulations.
See Chapter 18.170 GMC. (Ord. 2017 § 2. Code 1990 § 16-519.9)
18.100.100 Landscaping.
See Chapter 18.165 GMC. (Ord. 2017 § 2. Code 1990 § 16-519.10)
18.100.110 Design standards.
See Gardner Design Standards. (Ord. 2359 § 17)