The intent of this district is to provide limited business uses consistent in scope and appearance with the needs and character of the City of Linn Valley.  The following are the permitted uses:

A.    Uses Permitted:

1.    Offices and office buildings.

2.    Retail stores and merchandise display rooms.

3.    Dressmaking, tailoring, shoe repair, repair of household goods and appliances, dry cleaning and laundry, bakery and other uses of a similar character.

4.    Personal service uses including barber shops, banks, beauty parlors, photographic or artist’s studios and other personal services of a similar character.

5.    Service stations provided all storage of gasoline or fuel oil shall be underground.

6.    Churches, temples and synagogues.

7.    Elementary and secondary schools.

8.    Governmental Offices and facilities.

9.    Mini-warehouses and Storage Buildings subject to the following conditions:

a.     The use must be located in close proximity to an arterial street as designedly in the Comprehensive Plan.

b.    All storage shall be within enclosed buildings except for boats, campers and other vehicles, which may be outside if properly screened.

c.     Any side of the building providing doorways to storage areas shall be set back from the property line not less than thirty-five (35) feet.

d.    All driveways, parking, loading and vehicle circulation areas shall be paved with Chip and Seal, Concrete, Asphalt or Asphaltic Concrete.  All one-way driveways, which provide direct access to cubicles, shall provide for one (1) ten (10) foot parking lane and one (1) fifteen (15) foot travel lane.  All two-way drive-ways, which provide direct access to cubicles, shall provide one (1) ten (10) foot parking lane and two (2) twelve (12) foot travel lanes.  Adequate bumper guards or fences shall be provided to prevent the extension of vehicles beyond property lines.

e.     All lights shall be shielded to direct light away from adjacent properties.

f.     No activities, such as miscellaneous or garage sales or the servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment shall be conducted on the premises. Also, no manufacturing, assembly or processing of any products shall be permitted.

g.     The area shall be property policed by the owner or operator for the removal of trash and debris.

h.    Two (2) copies of the plot plan showing ingress and egress, width of drive-ways, off street parking, loading areas and on-site traffic circulation shall be submitted to the Planning Commission for approval.

i.     One (1) residential dwelling may be erected in conjunction with the facility so as to allow a watchman to reside on the premises, providing the residence meets the requirements of R-1 Zoning. 

B.    Maximum Building Height: 30 feet (Except as otherwise permitted by these Regulations)

C.    Minimum Lot Size:  8,400 square feet

D.    Minimum Lot Width:  70 feet

E.    Maximum Lot Coverage:  35 Percent

F.    Minimum Front Yard Setback:  25 feet

G.    Minimum Side Yard Setback:  10 feet

H.    Minimum Rear Yard Setback:  10 feet

I.     Miscellaneous Restrictions:

1.    All applications for rezoning to the “C-1” District shall include a site plan drawn to scale containing the following information:

a.     The boundaries of the property, easements, rights-of-way, adjacent property and adjacent uses.

b.    The approximate location and size of all buildings, signs and other structures.

c.     The approximate location of all driveways, parking areas and landscaping.

d.    Any additional restrictions of the use of the property, including types of uses or operational limitations, beyond those already required by these regulations.

A record copy of each approved site plan shall be kept on file by the City Clerk.  No structure shall be erected, and no land or structure shall be used except in conformance with said site plan.

2.    No outdoor storage will be permitted, with the exception of the Linn Valley Lakes vehicle storage area.

3.    All areas not covered by buildings or parking areas shall be landscaped in harmony with the neighborhood, and such landscaping shall be continuously maintained.

4.    No recreational vehicle, camping trailer, boat, boat trailer, truck, non-operative motor vehicle or motor vehicle without a current state registration shall be stored or parked in the open at any one or more locations for longer than forty-eight (48) consecutive hours.

5.    No building materials, building material debris or construction equipment shall be kept or stored in the open on any lot which is not the site of a then valid building permit issued by the City of Linn Valley.

6.    All signs shall be in compliance with Article 14 of this Ordinance.

The following uses may be permitted by approval of a Special Use Permit as provided by Article 16 of this Ordinance subject to such conditions as recommended by the Planning Commission and adopted by Ordinance of the City Council to ensure the utility and value of adjoining property and the protection of the public health, safety and general welfare.

A.    Radio, Telecommunication and Microwave Towers subject to the following standards:

1.    Development Plan Required. At the time of application for a Special Use Permit, the applicant shall submit a development plan in sufficient detail, as determined by the Planning Commission, to evaluate its conformance with applicable standards and guidelines. The development plan shall include:

a.     The applicant shall provide written authorization from the property owners of the proposed tower site.

b.    An application for tower approval shall include the submission of a site plan drawn to scale showing property boundaries, tower, guy wire anchors and other apparatus, existing and proposed structures, proposed transmission buildings and/or other accessory uses, access road(s) location, access road surface material, parking area, fences, location and content of warning sign, exterior lighting specifications, a landscaping plan, land elevation contours and existing land uses surrounding the site. If any accessory building is proposed, details of the building, including elevations and proposed use of the building is required to be submitted with the application.

c.     An application for tower approval shall include a report or written information which describes the tower heights and design including a cross-section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; the proposed painting and lighting schemes; and describes the tower’s capacity, including the number and type of antennas that it can accommodate.

2.    General Provisions for Towers:

a.     An effort in good faith must be made to co-locate the new antennae on existing towers or other structures. A request for a new tower must be accompanied by evidence that an effort was made to co-locate on existing towers, with no success.

b.    A proposal for a new communication tower shall not be approved unless the applicant can document that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower due to one or more of the following reasons:

(1).  The planned equipment would exceed the structural capacity of the existing and approved towers, and existing and approved towers cannot be reinforced to accommodate the planned or equivalent equipment at a reasonable cost;

(2).  The planned equipment would cost RF interference with other existing or planned equipment for these towers and the interference cannot be prevented at a reasonable cost;

(3).  Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and reasonable in parity with other similar equipment in place or approved; and

(4).  Other reasons that make it impractical to place the equipment planned by the applicant on existing and approved towers.

c.     All towers shall be designed to accommodate at least three (3) two-way antennas for every 150 feet of tower height, or at least one (1) two-way antenna and one (1) microwave facility for every 150 feet of tower height. The above requirement may be modified as determined necessary or desirable by the Planning Commission.

d.    The owners, at the owner’s expense, shall remove any tower that is not in use for a period of two (2) years or more.

e.     A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner/operator.

3.    Development Standards for Towers.

a.     The location of a ground-mounted tower must be such that it is setback at least equal to the height of the tower to the nearest property line measured from the center of the tower. A ground-mounted tower may be setback less than the tower height to the nearest property line if documentation from a registered engineer is submitted certifying that in the event of a tower failure or collapse, the fall zone of the tower will be contained within the proposed setback area. All guy wires, similar support devices and other apparatus shall not be closer than twenty (20) feet from any lot line.

b.    Towers may be placed on the roof of a building or on top of other structures using either of the following to determine tower height and setback:

(1).  Tower height above the roof/structure may be as high as the setback distance to the nearest roof/structure edge; and

(2).  The height of a ground-mounted tower may be used for a roof-structure mounted tower if the required setbacks for a ground tower are satisfied.

c.     Additional setbacks may be required to contain icefall or debris from tower failures and/or to preserve the privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including guy wire anchors and to any accessory facilities.

d.    The height of a tower shall meet the setback requirements as stated in this section.

e.     All towers shall be located in areas zoned Commercial.

f.     All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers should be a galvanized finish or painted gray or light blue unless other standards are required by FAA. In all cases, monopole towers shall be preferable to guyed towers or freestanding structures. Towers should be designed and sited so as to avoid, whenever possible, applications of FAA lighting and painting requirements.

B.    Auto Repair Garage subject to the following standards:

1.    No used auto parts, salvage materials, used tires or similar material shall be stored, collected or deposited on the site unless totally enclosed with a building.

2.    All vehicles awaiting repairs shall be screened from view of adjoining properties and streets/roads by a solid fence at least six (6) feet in height.

3.    Any repaired vehicle must be removed within forty (40) hours or maintained within a screened area.

4.    Any screen wall or fence shall be constructed of new materials, be uniform in color or texture and shall be maintained in good condition.

5.    Parking areas for vehicles and driveways shall be paved in accordance with the requirements in Section 13.5 of the City Zoning Ordinance.

6.    All parking shall be maintained in good condition.

C.    Dog Kennel

D.    Nursing Homes, Rest Homes, Convalescent Homes and Hospices

1.    Subject to required licensing by the Kansas Department of Social and Rehabilitation Services or Kansas Department of Health and Environment.