Article 14
CONDITIONAL USES
Sections
14-1 Application of Conditional Uses
14-2 Conditional Uses Enumerated
14-3 Continuance, Expiration and Revocation or Modification of Conditional Use Permits
14-6 Height, Area and Yard Regulations
Section 14-1. Application of Conditional Uses
14-1.01 Recognizing that certain uses may be desirable when located in the community, and that these uses may be incompatible under general conditions, but compatible under specific conditions with other uses permitted in a district, certain conditional uses, when found to be in the interest of the public health, safety, morals, and general welfare of the community, may be permitted by conditional use permit, except as otherwise specified.
14-1.02 Before the location or establishment of, or before any changes in a conditional use permit, the application procedures, posting of sign requirements, public hearing requirements, Planning Commission actions, and Board of County Commissioners actions as outlined in Article 22 of these Regulations, and the site plan requirements as outlined in Article 19 of these Regulations, shall be followed.
14-1.03 If within fourteen (14) days after the date of the conclusion of the Planning Commission public hearing, a petition signed by the owners of twenty percent (20%) or more of any property proposed for a conditional use permit, or by the owners of twenty percent (20%) of the total area, except public streets and ways, located within one thousand feet (1000') of the boundaries of the property proposed for a conditional use permit is filed in the office of the County Clerk, the conditional use shall not be approved except by at least a æ vote of all of the members of the governing body.
14-1.04 The Board of County Commissioners may, within the specifications herein provided, permit such buildings, structures, or uses authorized pursuant to this Article, provided that the public health, safety, morals, and general welfare will not be unduly or adversely affected. Regulations, conditions, limitations, requirements and safeguards shall be imposed upon said buildings, structures, or uses that are reasonably necessary to protect persons, property, neighborhood values and character of the community in general, and to carry out the general purpose and intent of these Regulations. Said regulations, conditions, limitations, requirements and safeguards shall be in place prior to the commencement of the use and prior to the occupancy of any building or structure associated with the use.
Section 14-2. Conditional Uses Enumerated
14-2.01 The minimum development standards for the following conditional uses are stated herein (additional conditions may be required on a case by case basis, in the interest of the public health, safety, morals, and general welfare of the community):
1. Contractors’ shops and/or yards.
A. All open storage areas shall be adequately screened from rights-of-ways and all adjoining properties with fencing and/or landscaping in all approved zoning districts.
B. Infrastructure such as roads and available water flows to meet applicable fire codes will be evaluated for each proposal. Refer to Sections 5-3.12 and 5-3.13 of the Miami County Subdivision Regulations for minimum infrastructure requirements for conditional uses.
C. The following standards shall also apply to this use in the Agricultural and Countryside Zoning Districts:
(1) Minimum lot size of five (5) acres when open storage of equipment and/or materials is not proposed.
(2) Minimum lot size of ten (10) acres when open storage of equipment and/or materials is proposed.
(3) All open storage areas shall be a minimum of 100 feet from all property lines.
(4) Except in emergencies, activities that cause noise, odor, smoke, illumination, heat, vibration or similar effects shall not occur earlier than 5:30 a.m. nor later than 10:30 p.m.
2. Farm equipment and implement repair services.
A. Sales shall be restricted to repair services and replacement parts.
B. All open storage areas shall be adequately screened with fencing and/or landscaping.
3. Group boarding homes for minors.
A. The applicant shall submit, as a part of the application, the plans for the proposed facility, giving the type of services to be rendered, the number of persons to be placed on the facility, the number of staff to be employed, and other information that will help in determining the extent of services to be provided.
B. A letter from the Miami County Community Health Department Director shall be submitted by the applicant, giving the current status of the applicant’s license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin its operations.
C. The following requirements shall be provided and sufficient information provided to assure their being met:
(1) Off-street parking at a rate of one (1) space per employee plus two (2) additional spaces for guests.
(2) Adequate potable water supply sufficient for both domestic and fire protection service.
(3) Adequate police protection and patrol.
4. Radio or television towers, communication towers, microwave transmitting and/or receiving towers and/or stations, radio antennas, commercial satellite earth stations and similar appurtenances. (Note: Adding antennas to existing communication towers or facilities shall not require an amendment to an existing conditional use permit, unless the Planning Director determines, based on the existing and proposed intensity of use of the site, that the additions require Planning Commission and Board of County Commissioner review and approval. In any event, such additions shall require site plan approval by the Planning Director.)
A. The applicant shall present satisfactory proof that the proposed location and use is reasonably necessary. In providing said proof, a Communication Facilities Master Plan shall be submitted to the Planning Commission for their review and approval, if a Master Plan has not yet been approved, prior to the Planning Commission acting on the conditional use permit request for a new facility (the Master Plan may be reviewed at the same hearing as the conditional use permit request). The Master Plan shall show the locations and types of existing facilities and the approximate locations, but not the types, of future facilities, for the company proposing said facility. The Master Plan shall include existing and future locations for the incorporated and unincorporated areas of the county. Any amendment to a communication company’s Master Plan shall again be submitted to the Planning Commission for their review and approval.
B. None of the above uses shall be required to comply fully with the lot size and height regulations of the zoning district in which they are located except as may be required by the conditions imposed upon the applicant.
C. Such structures must be set back from all adjacent property lines and streets and highways a distance equal to not less than its height plus ten (10) feet.
D. The applicant must document that co-location on an existing tower or other existing structure within five (5) miles of the proposed location is not feasible, or that efforts were made to locate on existing towers or other existing structures, but such efforts were not successful. Documentation of this requirement shall be placed in the record by affidavit of the applicant or intended user of the tower. At the request of the Planning Commission, additional evidence in the form of testimony may be required from the applicant or intended user of the tower.
E. All proposed communication towers 150 feet or less in height, not including lightning rods, shall be designed to accommodate at least one (1) additional PCS/Cellular or other similar platform. All proposed communication towers in excess of 150 feet shall be designed to accommodate at least two (2) additional PCS/Cellular or other similar platforms.
F. Any application for a proposed tower in excess of 150 feet in height shall include documentation regarding the necessity for the proposed height from an RF and/or other Licensed Professional Engineer. Such documentation shall be in the form of an affidavit acceptable to the Planning Commission and signed by said Engineer. At the request of the Planning Commission, additional evidence in the form of testimony may be required from said Engineer.
G. The tower and accessory equipment must meet all requirements of the Federal Aviation Administration. To the extent allowed by such requirements, any required lighting for such tower shall be red during time of darkness.
5. Preschool nurseries, day-care centers or day-care homes.
A. The applicant shall submit, as a part of the application, the plans for the proposed facility, giving the type of services to be rendered, the maximum number of children allowed at a facility, the number of staff to be employed, the hours of operation, and any other information that will help in determining the extent of services to be provided.
B. A letter from the Miami County Community Health Department Director shall be submitted by the applicant, giving the current status of the applicant’s state license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin its operation.
C. The following requirements shall be provided and sufficient information provided to assure their being met:
(1) Off-street parking at a rate of one (1) space per employee plus two (2) additional spaces for guests.
(2) Adequate potable water supply sufficient for both domestic and fire protection service.
D. A site plan shall be submitted showing the lot, location of all buildings, location of play-ground facilities, location of all off-street parking, location of all utility lines serving the facility, location of septic system if necessary, and any other information that may be relevant.
6. Recreational vehicle park, permanent or temporary.
A. The tract to be used for a recreational vehicle park shall not be less than three (3) acres. The applicant shall designate the maximum area desired for the recreational vehicle park.
B. The applicant for the recreational vehicle park must satisfy the Board of County Commissioners that he or she is financially able to carry out the proposed plan and shall prepare and submit a schedule of construction, which construction shall commence within a period of one (1) year following approval by the Board of County Commissioners and shall be completed within a period of two (2) years, as to the original three-acre or larger tract.
C. The applicant for a recreational vehicle park shall prepare or cause to be prepared a development plan and shall present twenty (20) copies of said plan for review by the Planning Commission and the Board of County Commissioners. This plan shall show the proposed development, which shall conform with the following requirements:
(1) Recreational vehicle parks hereafter approved shall have a maximum density of twelve (12) recreational vehicle spaces per gross acre.
(2) Each recreational vehicle space shall be at least thirty (30) feet wide and clearly defined.
(3) Recreational vehicles shall be so located on each space that there shall be at least a five (5) foot clearance between vehicles. No recreational vehicle space shall be located closer than twenty-five (25) feet from any building within the park or from any property line bounding the park.
(4) All recreational vehicle spaces shall front upon a private roadway of not less than twenty-five (25) feet in paved width, which shall have unobstructed access to a public street or highway. Access to the recreational vehicle park shall be from at least a collector or arterial street as identified by the Comprehensive Transportation Plan, the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no recreational vehicle space shall be designed for or allow direct access to a public road outside the boundaries of the recreational vehicle park.
(5) All roadways and walkways within the recreational vehicle park shall be adequately lighted at night and improved so as to meet the County’s standards as adopted by resolution of the Board of County Commissioners. Said standards may be obtained from the office of the County Engineer.
(6) Laundry facilities shall be provided and may be located in a service building.
(7) At least one (1) electrical outlet supplying at least 110 volts shall be provided at each recreational vehicle space.
(8) Off-roadway parking shall be provided sufficient to locate the towing unit for each camping trailer.
(9) A recreation area of not less than one-half (2) acre shall be provided at a central location in said park.
(10) The recreational vehicle park shall be surrounded by a landscaped strip of open space fifty (50) feet wide along any street or road frontage and twenty-five (25) feet wide along all other lot lines. A solid or semi-solid fence or wall, a minimum of six (6) feet and a maximum of eight (8) feet high, shall be provided between this conditional use and any adjoining property or property immediately across the street which is zoned for a residential use. In lieu of said fence or wall, a landscaped screen may be provided. Said landscaped screen shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscaped screen is used in lieu of the fence or wall, the landscaped screen shall not be included as any part of the required area for the camping space. The fence, wall, or landscaped screen shall be properly policed and maintained by the owner.
(11) A storm shelter and storm siren shall be provided in a central location within the recreational vehicle park. The storm shelter shall have the capability of sheltering two (2) persons for each established vehicle space. The applicant shall form a benefit district to address the operation and maintenance of the storm siren. If the County determines that the park can be served by an existing storm siren, then the applicant may not be required to install another storm siren, but shall be required to include the park property in a benefit district to address the operation and maintenance of the existing storm siren serving the park.
(12) No recreational vehicle park shall be located within two hundred fifty (250) feet of an established residence.
D. Proper provisions shall be made for adequate water supply, sanitary sewers, fire protection, refuse collection, and laundry.
(1) Application for a conditional use permit for a recreational vehicle park shall include engineering plans and specifications of the water supply and distribution system approved by the water supplier and/or the Kansas Department of Health and Environment.
(2) Application for a conditional use permit for a recreational vehicle park shall include engineering plans and specifications of sewage disposal facilities and sewer lines approved by the County Environmental Health Director and/or the Kansas Department of Health and Environment.
(3) All refuse shall be stored in flytight, watertight, rodent proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse.
(4) Where disposal service is not available, the park operator shall dispose of the refuse by transporting it to a disposal site approved by any authority having jurisdiction over such disposal areas.
E. The proposed park shall comply with all provisions of this Article and state and local laws and regulations.
F. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public, or constitute a nuisance.
G. A responsible attendant shall be in charge of the park at all times. Such attendant shall supervise the park, and, together with the holder of the conditional use permit, shall be responsible for any violation of the provisions of this Article, which may occur in the operation of such park.
H. It shall be unlawful for any person to maintain or operate a recreational vehicle park within the unincorporated territory of Miami County unless such a person shall first obtain a conditional use permit or unless the recreational vehicle park is a legal nonconforming use as provided for in these Regulations.
I. At any time after the issuance of a conditional use permit for a recreational vehicle park, the Planning Director shall have the authority to inspect said park, and if it shall be found that the holder of said permit has made any false or misleading statements in his or her application or has not complied with the provisions of this application in the establishment of such park, or that said holder of said permit has violated or caused to be violated any of the above provisions of this Article or the laws and regulations of the State of Kansas governing the same, the Board of County Commissioners shall have the power to revoke said permit.
7. Boat and recreational vehicle storage, open or enclosed, for one (1) or more boats or recreational vehicles, which are not the property of the landowner.
A. All open storage areas shall be adequately screened with fencing and/or landscaping.
8. Quarrying, mining or the removal of sand, gravel or stone, and the processing of the same, including asphalt and concrete plants, or the removal of more than one acre of topsoil when not related to an on-site building or construction project.
A. All such uses shall be screened by a method approved by the Board of County Commissioners when the same are visible from any public road or zoning district that permits single-family residences. The hot storage silos and cement silos of asphalt and concrete plants shall not be required to comply fully with the height regulations of the zoning district in which they are located except as may be required by the conditions imposed upon the applicant, but in any event, shall be limited to a maximum height of sixty feet (60').
B. The applicant shall submit complete operational plans, providing details as to such matters as planned future excavation, noise and dust control, blasting safety, storm-water drainage and detention or retention, hours of operation, interior roads, security and lighting.
C. If the County determines that any road associated with the use is inadequate for the expected quantities of traffic, especially with respect to heavy truck traffic, the applicant shall be required to improve and maintain the road(s) to a standard acceptable to the County. An Improvement and Maintenance Agreement between the applicant and the County shall be required to assure that the road(s) used by the operation will be appropriately improved and maintained.
D. A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation to the proposed use of the site and a general plan of the proposed use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is ready to begin such reclamation, however, the amended plan must be approved by the Board of County Commissioners before reclamation work may begin. Said approval shall require a public hearing under the same procedures as the original conditional use permit.
E. All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A minimum setback of one hundred (100) horizontal feet from any road right-of-way and thirty (30) horizontal feet from all other property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either surface or subsurface.
F. No building, equipment, quarry products or other materials shall be erected or stored within one hundred feet (100') of any property or right-of-way line.
G. A copy of the annual survey of mining operation as required to be filed by State law with the State, shall also be filed with the Board of County Commissioners. Said annual survey applies only to underground mining activities, not to open pit quarries.
H. A stormwater pollution prevention plan shall be prepared and certified by a professional engineer and shall incorporate reporting and monitoring elements. The plan shall be submitted to the County for review and approval.
I. All necessary state and federal permits for the operation of any of the above-noted uses (including air quality and water quality permits) shall be obtained, and the facility shall remain in compliance with all state and federal regulations.
9. Wind Energy Conversion Systems (WECS).
A. Non-commercial WECS must be approved by a small wind certification program recognized by the American Wind Energy Association.
B. Installation of any WECS must comply with all requirements of the Miami County Building Code. All building permit applications shall be accompanied by standard drawings of the WECS structure, including but not limited to the tower, base, footings and electrical components.
C. All WECS shall comply with applicable FAA regulations, including any necessary approvals for installations close to any public or private airport.
D. The minimum setback distance for any WECS shall be 1.1 times the total height of the tower from any property line or overhead utility line.
E. Intra-project power lines shall be buried underground.
F. All WECS shall maintain a galvanized finish or be painted white, gray, pale blue, pale green or another non-obtrusive color. Blades may be black in order to facilitate deicing. Painted finishes shall be matt or non-reflective.
G. All WECS towers shall be reasonably protected against unauthorized climbing.
Commercial WECS shall also meet the following requirements and standards:
(1) A sign or signs shall be posted on the site to warn of high voltage and notice of no trespassing. Signs with emergency contact information shall also be posted.
(2) The system shall be considered abandoned if the use is discontinued (no energy production) for a period of at least twelve (12) consecutive months unless a plan has been submitted and approved by the Planning Director, which outlines steps and a schedule for returning the WECS to service.
(3) A decommissioning plan shall be submitted, which outlines the anticipated means of removing the WECS, including the foundation, and all other accessory facilities at the end of their serviceable life or at abandonment. All systems shall be decommissioned and all foundations removed to four feet below grade within 180 calendar days of abandonment.
(4) The owner/operator of the WECS shall be responsible for maintenance and restoration of all county roads leading to the project site that may be damaged during construction or due to activities involving the operation of the WECS.
(5) Structural design shall be in compliance with industry standards and manufacturer’s specifications. The structural design shall be approved and certified by a professional engineer licensed in the state of Kansas.
(6) The system shall be lighted as required by the Federal Aviation Administration (FAA). The applicant shall submit a copy of the FAA’s determination to establish the required marking and/or lights for the system.
(7) Submittal of an acoustical analysis is required, which verifies that the sound level at the nearest property line shall not exceed 60 dBA. This level may be exceeded during short-term events and/or severe windstorms.
10. Kennels.
A. The kennel shall occupy a minimum lot size of five (5) acres.
B. No kennel building or runs shall be located nearer than one hundred fifty (150) feet to any property line.
C. All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the animals.
D. The kennel shall have adequate measures to prevent odor, dust, noise or drainage from becoming objectionable to uses on other properties. No incineration of animal refuse shall be permitted.
E. All state licensing and operation requirements shall be met.
11. Junk yards or salvage yards.
A. The junk yard or salvage yard shall occupy a minimum lot size of ten (10) acres.
B. All such uses, including any parking, fencing or other accessory uses, shall be set back at least fifty (50) feet from front property lines, as measured from the ultimate road rights-of-way identified in the Miami County Comprehensive Transportation Plan, and thirty (30) feet from all other property lines. These setback areas shall at all times be well maintained and free of junk, trash and debris.
C. All such uses shall be completely surrounded on all sides by a solid fence or wall at least eight (8) feet high. The fence or wall material, design and placement shall be approved by the Planning Commission and shall be of uniform height, uniform texture and color, and shall be so maintained as to insure maximum safety to the public, obscure the junk or salvage 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 materials within the yard. No scrap, junk or other salvaged materials shall be piled so as to exceed the height of the enclosing fence or wall. The fence or wall shall be maintained in its originally approved condition, and any damaged fence or wall shall be repaired within thirty (30) days from the date of damage.
D. No materials shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the fence or wall.
E. All licenses and certificates required by the State of Kansas shall be maintained, including a Salvage & Storage Certificate of Compliance from the Kansas Department of Transportation and a Dealers License from the Kansas Department of Revenue.
F. Clear and safe access for the general public and emergency vehicles shall be provided for and maintained by complying with the Fire Code adopted by the County and by obtaining an annual operating permit required by said Fire Code.
G. A stormwater pollution prevention plan shall be prepared and certified by a professional engineer and shall incorporate reporting and monitoring elements. The plan shall be submitted to the County for review and approval and implementation shall take place prior to storing materials on site.
12. The keeping of wild animals, as defined in these Regulations.
A. The minimum lot size for keeping wild animals shall be ten (10) acres.
B. All wild animals must be kept within an enclosure, which shall be located not less than three hundred (300) feet from the nearest property line.
C. All enclosures shall be screened, either completely around the enclosure facility or at the property lines, to prevent the distraction or excitement of the animals.
D. All enclosures shall be maintained in healthy, sanitary conditions pursuant to the Miami County Environmental Health Sanitary Code and in compliance with all State licensing and operation requirements. No incineration of animal refuse shall be permitted.
E. All bears, canine and canine hybrids, and feline and feline hybrids shall be securely enclosed in a locked building, pen or kennel. All structures used for the keeping/housing of animals must be locked with a key or combination lock. Such pens, kennels, or other structures shall have secure metal or concrete sides and a secure metal top attached to the sides. In addition, there must be a concrete floor which shall be attached to the sides or the sides shall be embedded into the ground no less than two (2) feet deep.
F. All State and County licensing and operation requirements shall be met.
13. Bed and Breakfast facilities.
A. A Bed and Breakfast facility shall be configured to resemble a single family dwelling in respect to its appearance and function.
B. Bed and Breakfast facilities shall contain a dwelling unit for use by the proprietor/owner, which the proprietor/owner is required to occupy as his/her main residence. There shall be no permanent barriers or lockable doors separating the proprietor/owner dwelling unit from the remainder of the Bed and Breakfast facilities such that 2 separate dwelling units are created.
C. Use of any manufactured or modular home as a Bed and Breakfast is prohibited.
D. All bedrooms used as part of the Bed and Breakfast operation shall have a common internal access.
E. Any structure occupied for a Bed and Breakfast facility shall remain a single-family residential structure and shall not be remodeled into a commercial kitchen or dining facility.
F. The maximum number of bedrooms shall not exceed five (5), with at least one bedroom being designated for the owner/proprietor.
G. Sleeping accommodations may be provided for up to eight (8) guests. Each guest bedroom shall be considered to accommodate a minimum of two (2) guests.
H. Meals served shall be limited to residents and overnight customers/guests.
I. Bed and Breakfast facilities shall comply with County and State sanitary requirements.
J. Bed and Breakfast facilities shall comply with County and State requirements/licenses as a lodging facility.
K. Parking requirements for a Bed and Breakfast facility shall be one (1) space per guest bedroom in addition to the two (2) spaces required for the owner occupied residential use. No parking shall be permitted within the required setbacks.
L. Short-term overnight lodging shall be permitted, however, monthly rentals or leasing shall be prohibited.
M. Any new structure constructed for use as a Bed and Breakfast facility shall use an architectural style and materials representative of the historical district era in which said structure is being constructed.
14. Construction and demolition landfills, as defined in K.S.A. 65-3402 and amendments thereto.
A. The applicant shall hold a valid, state-issued construction and demolition landfill permit at all times such landfill is in operation.
B. The landfill operation shall be limited to the disposal of construction and demolition waste as such is defined in K.S.A. 65-3402(u) and amendments thereto.
C. The minimum parcel size shall be 20 acres.
D. Setbacks shall be in accordance with K.S.A. 49-501 and shall be a minimum of one hundred (100) horizontal feet from any road right-of-way and thirty (30) horizontal feet from all other property lines, measured on the surface, and must be maintained free of any activity, either surface or subsurface.
E. The applicant shall submit complete plans for the design and operation of the landfill, providing detail as to such matters as noise and dust control, stormwater drainage and detention or retention, hours of operation, interior roads, fire suppression, security and lighting.
F. If the County determines that any road associated with the use is inadequate for the expected quantities of traffic, especially with respect to heavy truck traffic, the applicant shall be required to improve and maintain the road(s) to a standard acceptable to the County. An Improvement and Maintenance Agreement between the applicant and the County shall be required to assure that the road(s) used by the operation will be appropriately improved and maintained.
G. A stormwater pollution prevention plan shall be prepared and certified by a professional engineer and shall incorporate reporting and monitoring elements. The plan shall be submitted to the County for review and approval.
H. All landfill operations shall be screened by a method approved by the Board of County Commissioners.
15. The adaptive reuse of public and semi-public buildings, such as, but not limited to, church buildings, township halls, school buildings, and other historically significant structures for limited commercial and limited industrial operations that would be compatible with surrounding uses.
A. A site plan per Article 19 shall be submitted for consideration and approval with the conditional use permit request.
B. Off street parking shall be provided for the approved use(s) in compliance with the parking requirements for the use(s) as outlined in these Regulations.
C. The applicant shall demonstrate that the building(s) or structure(s) shall be improved to meet commercial building code requirements and that said improvements shall be made prior to occupancy.
16. Churches and parish halls, temples, convents and monasteries.
A. Steeples, bell towers, or other religious-related appurtenances, such as cross structures, may exceed the maximum height of the underlying zoning district but shall not exceed 60 feet in height.
17. Retail Sale of Agricultural Equipment.
A. Infrastructure such as roads and available water flows to meet applicable fire codes will be evaluated for each proposal. Refer to Sections 5-3.12 and 5-3.13 of the Miami County Subdivision Regulations for minimum infrastructure requirements for conditional uses.
B. All structures, parking areas, storage areas or other improvements associated with the retail use shall be a minimum of one hundred (100) feet from all property lines.
C. Except in emergencies, activities that cause noise, odor, smoke, heat, vibration or similar effects shall not occur earlier than 5:30 a.m. nor later than 10:30 p.m.
D. All open storage (non-display) areas shall be adequately screened from rights-of way and all adjoining properties with fencing, landscaping or other approved screening method. Areas designated for product display may be required to be screened from neighboring residential uses.
E. Off street parking shall be provided for the approved use(s) in compliance with the parking requirements for the use(s) as outlined in these Regulations.
F. The total area of display/sales lots shall not exceed 5% of the approved parcel or twenty thousand (20,000) square feet, whichever is greater, and shall not be wider than 30% of the frontage along a public road right-of-way. Display areas shall be clearly defined on the required site plan, and visible display of items for sale shall be limited to that area.
G. Retail sale of agricultural equipment shall be accessory to an existing residential use on the same parcel.
H. Any illumination associated with equipment sales shall be shielded so that the light source (bulb) is not visible from, and so that it does not cast light upon, adjacent properties or rights-of-way.
I. There shall be a compliance review conducted by staff two (2) years after approval of any conditional use permit for agricultural equipment sales.
18. Public facilities. (Res. R23-03-017 (Exh. A))
Section 14-3. Continuance, Expiration and Revocation or Modification of Conditional Use Permits
1. Any conditional use permit shall be allowed to continue, unless specifically limited in time as a condition of its approval, and provided that all conditions attached to the permit by the County Commission are met.
2. All conditional use permits will automatically expire, be considered abandoned and become invalid by operation of law when:
A. A definite time frame has been established as a condition by the County Commission and that time frame has elapsed.
B. An approved conditional use permit has not been initiated or utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of authorization, unless the County Commission finds that the use is of such a scale that additional time is needed prior to its initiation. The authorization date shall be the date that the permit is approved by resolution of the County Commission. If more than one (1) year is needed as found by the County Commission, the amount of time to initiate the use shall be specified in the approving resolution.
C. Conditional use permits in which the authorized activity, service or use has ceased for three hundred and sixty-five (365) continuous days, for any reasons. However, if a particular use has ceased in order to overhaul or provide maintenance to the facility as it directly relates to the use, said overhauling or maintenance shall be considered as being in continual use.
D. Holders of conditional use permits subject to termination due to the provisions of paragraphs B and C above, may file a written petition with the Planning Director at least thirty (30) days prior to the expiration date, requesting an extension of time to begin or to reinstitute the activity, service or use. The application shall state specific reasons for such an extension and shall include all reports from appropriate County agencies and shall be sent to the County Commission for consideration within thirty (30) days of filing of the application. The County Commission may grant an extension if it finds that circumstances beyond the normal control of the holders of the permit resulted in a delay of the initiation of or a cessation of the activity, service or use for three hundred sixty-five (365) continuous days.
3. Any conditional use permit, authorized in accordance with this Article, may be revoked or modified when the County Commission finds, following a public hearing pursuant to Article 22 of these Regulations:
A. That there has been a failure to comply with the conditions established for that conditional use permit.
B. That the conditional use permit has substantially expanded or deviated from its original use and intent. Original use and intent shall be interpreted as being the actual use(s) of a conditional use permit that existed on September 5, 1991, for uses in place prior to that date, or the uses specifically defined in the resolution approving the conditional use permit for permits granted after September 5, 1991. If the Planning Commission finds that there has been no change or that the change is minimal, the original conditional use permit will remain in effect.
C. That the conditional use permit has been found by a court of law and/or federal or state administrative agency to be an illegal activity or to be a nuisance as defined by Kansas statutes.
4. Action to modify or revoke a conditional use permit may be initiated by the County department responsible for enforcing these Regulations or upon a complaint filed with the County Planning Department and/or other affected County departments. Upon receipt of a complaint, the Planning Director or a designated representative shall investigate the complaint. If an investigation finds that the complaint is valid and sufficient grounds exist for modification or revocation of a conditional use permit, the matter shall be referred to the Planning Commission for a hearing.
Section 14-4. Parking Regulations
14-4.01 Unless specified in this Article and/or Article 17 of these Regulations, parking requirements and off-street parking areas for conditional uses shall be reviewed by the Planning Commission and approved by the Board of County Commissioners. The following shall be taken into consideration when reviewing and approving parking requirements for conditional use permits:
1. The use of the facility.
2. The square footage of the building.
3. The surrounding land uses and zoning districts and proximity to a watershed or water body.
4. The frequency and intensity of the use, and whether a permanent structure will be utilized with the use. (Res. R17-05-015 (Exh. A))
14-4.02 Where appropriate, the parking regulations of the underlying zoning district or the most analogous zoning district shall be followed.
14-4.03 Additional parking requirements are contained in Article 17 of these Regulations.
Section 14-5. Sign Regulations
14-5.01 Sign regulations are contained in Article 18 of these Regulations.
Section 14-6. Height, Area and Yard Regulations
14-6.01 All conditional uses shall comply with the height, area and yard regulations of the zoning district in which they may be located, unless otherwise specifically granted in this Article.