The purpose of this article is to provide limitations, conditions, adjustments, or design requirements for a limited number of defined uses. Such standards are intended to enhance compatibility between those and other land uses or specify exceptions to minimum/maximum requirements under certain conditions. As provided in this article, specific use standards shall be required either in addition to or in lieu of otherwise applicable requirements.

A.    Shall be limited to one (1) such structure per lot and allowed only in conjunction with detached single- family residential primary structures.

B.    Shall be compatible with the immediate neighborhood and constructed with the same or equal siding exterior materials as the principal structure.

C.    Shall be limited in size to fifty percent (50%) of the principal structure’s gross floor area.

D.    Shall be subject to applicable lot coverage, setback, and off-street parking requirements.

E.    Accessory apartments or dwellings:

1.    May be rented as an independent residential unit and may be served by an independent utility connection, subject to applicable City of Augusta Building Codes.

2.    Shall be maintained under the same ownership as the principal structure and shall not be subdivided as an individual lot or condominium unit. A deed restriction stating such shall be filed with the Butler County Register of Deeds prior to the issuance of a Certificate of Occupancy.

F.    Guest homes and pool houses shall not be utilized on a permanent basis as sleeping or living quarters.

In order to mitigate negative secondary effects of sexually oriented businesses, the following provisions shall apply.

A.    Shall be located within a freestanding building intended for single-tenant occupancy.

B.    No merchandise shall be viewable from outside the structure or off-premise.

C.    Shall not be located within one-thousand (1,000) feet of any of the following, as measured between the closest points on any property line.

1.    Religious meeting places.

2.    Elementary and secondary schools.

3.    Day care centers and institutional day cares.

4.    Public parks and libraries.

5.    Residential land uses and zoning districts (R-R, R-1, R-2, R-3, and R-4)

6.    Bars, taverns, night clubs, and liquor stores.

7.    Other sexually oriented businesses as defined in K.S.A. 12-770.

D.    Shall not be allowed to play live or recorded sounds on outdoor speakers or project such sounds outside of the primary structure from within.

E.    Only permanent on-premise signs shall be allowed; signs shall be structurally classified as Fixed; Building as defined in Article 08.

F.    Shall be buffered along all property lines with a screening fence/wall at least six (6) feet in height, meeting the requirements of Section 09.04, with breaks allowed only for driveways and sight triangles.

In order to mitigate negative secondary effects of sexually oriented businesses, the following provisions shall apply.

A.    Shall be located within a freestanding building intended for single-tenant occupancy.

B.    No merchandise shall be viewable from outside the structure or off-premise.

C.    Shall not be located within one thousand (1,000) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; public parks or libraries; residential land uses or zoning districts (R-R, R-1, R-2, or R-3); bars, taverns, night clubs, or liquor stores; other sexually oriented businesses as defined per K.S.A. 12-770.

D.    Only permanent on-premise signs shall be allowed; signs shall be structurally classified as Fixed; Building as defined in Article 08.

E.    Shall be buffered along all property lines with a screening fence/wall at least six (6) feet in height, meeting the requirements of Section 09.04, with breaks allowed only for driveways and sight triangles.

A.    Shall not be allowed within one-thousand (1,000) feet of any existing or approved residential lot zoned R-R, R-1, R-2, R-3, or R-4 as measured between the closest points on any property line.

B.    May be allowed as a secondary use within a school or educational campus developed in conjunction with a PDO zoning district. In such cases, conditional use approval shall not be required.

C.    Sites shall meet the hard surface paving requirements of Article 07.

D.    When illuminated with flood lights, such shall be aimed down and inward toward the sports field(s) and shall be equipped with shut off controls that turn lights off during non-operational times.

A.    Outdoor storage shall not be allowed. This includes inoperable vehicles and vehicle fluid containers that are not stored within a garbage dumpster or liquid waste enclosure.

B.    Maintenance and repair activities shall only be conducted indoors, except within I-1 zoning districts.

C.    Service bays shall not face local or collector street frontages.

A.    All such areas having outdoor storage or display related to one of these uses shall be located on a lot of at least one (1) acre in area having arterial street frontage.

B.    Primary ingress/egress shall be provided to the adjacent arterial street. No more than two (2) secondary driveways may access a local or collector street.

C.    All off-street parking, and outdoor vehicle/equipment storage or display areas shall be subject to hard surface pavement requirements of Article 07, except that sales/storage of the following shall be exempt, subject to other applicable paving requirements: manufactured homes; construction and heavy equipment; tractor and farm implements; truck, trailer and recreational vehicles.

A.    Shall not be located within two hundred fifty (250) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; residential land uses or zoning districts (R-R, R-1, R-2, R-3, or R-4). Distance regulations shall not apply to establishments located within the C-1 (Main Street Commercial) District.

B.    Outdoor seating areas shall be allowed as an accessory use when located in commercial districts (M-1, C-1, C-2, or C-3), subject to the following:

1.    Shall have a fence or barrier, which measures at least four (4) feet in height around the entire perimeter, the purpose of which is to delineate the area. Such barriers shall not be subject to screening design provisions of these regulations but shall be required to meet all applicable provisions of any other federal, state, and local regulations.

2.    Lighting in such areas shall be “fully shielded” or “full cutoff” light fixtures equipped with shut off controls to turn off lights during non-operational hours.

A.    Minimum lot size shall be five (5) acres for any boarding kennel having outdoor runs.

B.    Outdoor runs, play yards, and open-air enclosures shall be setback a minimum of fifty (50) feet from any lot line; and shall be located a minimum of two-hundred (200) feet from any off-premise residential dwelling unit.

C.    Areas developed with a boarding kennel structure, outdoor run, play yard, or open-air enclosure that are located within six-hundred (600) feet of a lot line, as measured from any exterior point of any such facility, shall be:

1.    Buffered with a screening fence or landscaped screen along a perimeter spaced no further than thirty (30) feet from any such facility, that is consistent with applicable standards of Article 09.

2.    Located in a contiguous grouping, to the extent practical; and specifically designated on Site Plans.

D.    Boarding kennels are prohibited in residential districts within the Augusta city limits.

A.    Shall not be allowed within the public right-of-way.

B.    Shall not be guyed, except as required by applicable regulatory agencies by necessity as determined by a licensed structural engineer.

C.    Shall be subject with all applicable provisions of Article 09 related to visual buffers and height compatibility, provided that the visual buffer requirements shall apply only to developed areas occupied by tower structures, off-street parking, and outdoor storage. Such areas shall be:

1.    Located in a contiguous grouping, to the extent practical.

2.    Platted as a separate lot or lots, or specifically designated on Site Plans.

3.    Enclosed within a screening fence/wall around the perimeter of such facilities, and meeting the design standards for such found in Article 09. Guy wire anchor points located outside of the enclosed perimeter shall be enclosed by a fence at least six (6) feet in height.

D.    Shall have no nighttime, strobe, or obstruction lighting, except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies.

E.    Outdoor lighting installations shall be allowed only within perimeter enclosures; shall be the minimum lighting necessary for reasonable site security. In addition:

1.    Lighting fixtures shall be installed at a height no greater than twelve (12) feet.

2.    Only “fully shielded” or “full cutoff” light fixtures may be installed.

3.    Fixtures shall be equipped with motion detector shut off controls.

The following provisions shall apply to all car washes as a primary use or as a secondary use.

A.    Sites shall meet the hard surface paving requirements of Article 07.

B.    In addition to off-street parking and loading requirements, all wash bays shall have adjacent paved vehicle queuing lanes, at least the width of the bay openings, as follows:

1.    Automated Wash Bays: Eighty (80) feet at bay entrances, at least forty (40) feet of which must be provided in straight alignment extending perpendicular from the bay entrance; twenty (20) feet at exits.

2.    Self-Service Wash Bays: Twenty (20) feet extending perpendicular from entrances and exits.

C.    Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures. As a primary use, sites and facilities that are unattended shall be equipped with motion detector shut off controls, except when entrances are gated to restrict access to facilities that close by 11:00 p.m.

D.    When adjacent to residential land uses or zoning districts ( R-R, R-1, R-2, R-3, or R-4), the following shall also apply:

1.    Shall provide a minimum setback of fifty (50) feet along lot lines subject to a compatibility buffer.

2.    Vacuum cleaning apparatus shall not be located within any required setback area.

3.    Visual buffers shall meet the requirements of Section 09.04, except that maximum vertical open space for any fence/wall section shall be five percent (5%).

The following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.

A.    Exemptions to these standards shall only be allowed when required by state or federal law.

B.    Shall not be allowed within two-thousand five-hundred (2,500) feet of any existing or approved residential lot zoned R-R, R-1, R-2, R-3, or R-4 as measured between the closest points on any property line.

C.    All approvals and permits needed to operate an asphalt or concrete mixing plant in the State of Kansas must be received prior to zoning approval.

D.    On-premise operations shall be defined in an operational plan, which is attached to and submitted with the Administrative Site Plan. The operational plan shall include:

1.    Copies of all approvals and permits.

2.    Operating times, conditions and procedures. Operations shall be limited to weekdays between 6:00 a.m. and 8:00 p.m., with no operations allowed to occur on federal holidays.

3.    Emergency procedures for accidents, injuries, leaks, spills, groundwater contamination, natural disasters, fires, explosions, and similar occurrences requiring emergency or corrective actions.

E.    Applicable provisions of Article 09 shall apply only to areas utilized for off-street parking; and outdoor storage. Such areas shall be:

1.    Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.

2.    Located in a contiguous grouping, to the extent practical.

F.    Off-street parking and outdoor storage areas shall not be used to store any tools, equipment, materials, or vehicles utilized off-premise, except for those driven daily by employees.

G.    Shall not store contaminated soils on-premise.

H.    Shall be secured around the entire property perimeter with a security fence at least eight (8) feet in height. Such fences shall utilize chain link fencing to a height of at least six (6) feet and at least three (3) equally- spaced strands of barbed wire making up the remaining two (2) feet of required height.

I.     The following shall be required for all such uses conducted on a temporary basis.

1.    The period of time the facility will be used for such operations shall be set at the time of conditional use approval. Subject to applicable extensions as provided in these operations, all on-premise operations shall cease after that period of time and all associated equipment and materials shall be removed within thirty (30) days.

2.    The conditional use shall include a reasonable and feasible plan of action for transitioning the site to another viable land use allowed by these regulations. The required plat shall not be approved without being capable of accommodating such transition in land use.

3.    Upon expiration of the conditional use, the Planning Commission shall initiate an application(s) for vacating the conditional use and rezoning to accommodate the use transition plan.

A.    Shall be limited to one (1) such structure per lot.

B.    Shall have exterior siding of a color and visual appearance similar to the principal structure.

C.    Except as approved by a conditional use permit, maximum size for a detached residential carport or garage is based upon the maximum lot coverage percentage of the zoning district.

1.    Carports shall extend no further than ten (10) feet into the required front yard.

D.    Detached carports shall be allowed only by conditional use in R-1, R-2, R-3, or R-4 zoning districts.

A.    Shall be limited to one (1) such structure per lot.

B.    Shall be utilized only for activities associated with an allowable home occupation.

C.    Shall have exterior siding materials comparable in quality and appearance to that of the principal structure.

D.    Gross floor area shall be limited in size to twenty-five percent (25%) of that of the principal structure.

E.    Shall not be allowed if the structure would cause the lot to exceed maximum coverage requirements.

A.    Such facilities located in the public right-of-way shall only be permitted by conditional use and shall be required to execute a franchise agreement with the City of Augusta; all other locations shall be allowed by-right, subject to applicable permits and other required approvals.

B.    Conditional use approval for facilities located in the public right-of-way shall:

1.    Allow the approval of up to twenty-five (25) individual installation locations with a single conditional use application, provided each location shall be reviewed on its individual merits.

2.    Upon review, all locations deemed appropriate for installation shall be approved, provided in no case shall a conditional use be approved for any location that:

a.     Disturbs the location of or compromises the function of any other street, street improvement, or traffic control device, existing or planned, located within the public right-of-way.

b.    Disturbs the location of or compromises the function of any other public or private utility infrastructure, existing or planned, located in, under, or above the public right-of-way.

c.     Disturbs the location of or compromises the function of storm water drainage infrastructure, existing or planned, located within the public right-of-way.

d.    Disturbs the location of or compromises the function of any sidewalk, bicycle path, bus stop or other similar facility, existing or planned, located within the public right-of-way.

e.     Is located within the street’s required clear zone, the sight triangle of any street or driveway intersection, or is otherwise inconsistent with any applicable design criteria or engineering standards.

f.     Is deemed by the Planning Commission or City Council to pose a reasonable threat to the public interest necessitated by public health, safety, or welfare.

A.    Shall be located on a lot of at least one-half (½) acre in area having arterial street frontage.

B.    Primary ingress/egress shall be provided to the adjacent arterial street. No more than one (1) secondary driveway may access a local or collector street.

C.    Shall meet the hard surface paving requirements of Article 07.

D.    In addition to off-street parking and loading requirements, all drive-thru windows shall have adjacent paved vehicle queuing lanes, at least ten (10) feet in width as follows:

1.    Banking Service Windows: Eighty (80) feet, at least forty (40) feet of which shall be provided in straight parallel alignment with the service window.

2.    Freestanding ATMs: Forty (40) feet provided in straight parallel alignment with the ATM face.

3.    Service & Retail Windows: Forty (40) feet provided in straight parallel alignment with the window opening.

4.    Restaurant Windows: Eighty (80) feet, at least forty (40) feet of which shall be provided in straight parallel alignment with the window opening.

E.    Vehicle queuing lanes shall be in addition to drive aisle for off-street parking.

F.    Where applicable, a pedestrian crosswalk shall be provided, which meets ADA and other applicable design standards.

The following provisions shall apply when permitted by conditional use within single-family subdivisions zoned R-1.

A.    Shall not be interspersed amongst individual lots occupied by single-family detached dwellings.

B.    Shall be platted in groups containing at least four (4) contiguous lots. Each group must be in a location meeting one or more of the following conditions:

1.    Around a cul-de-sac.

2.    Duplexes, R-2 zoning, or R-3 zoning located on the opposite street frontage.

3.    Multi-family or non-residential uses or zoning on the opposite street frontage.

C.    Architectural style and exterior siding materials shall be consistent with single-family detached dwellings in same subdivision or immediate vicinity.

A.    Such shall be fully complete and fully functional residential structures. In no case shall a partially completed structure, foundation or substructure intended to support a completed structure, be considered an earth sheltered home.

B.    Shall include any single-family structure having fifty percent (50%) or more of the exterior surface area of the building covered with earth, excluding garages and other accessory or attached structures.  Bulk regulations shall be measured from the exterior structure, not the earth covering.

C.    Architectural style and exterior siding materials of uncovered structure shall be consistent with other single-family detached dwellings in same subdivision or immediate vicinity.

For all land uses requiring garbage dumpster or liquid waste (used oil/grease, solvents, etc.) container service, design of such facilities shall be subject to the following standards.

A.    Except for lots zoned A-1 or R-R, shall be within a paved and enclosed “corral” area, subject to the following minimum standards.

1.    Shall be paved in concrete, subject to applicable minimum City standards.

2.    Shall be screened around the entire perimeter with a screening fence/wall meeting the minimum requirements of Section 09.04, in addition to all other required conditions of Article 09. Such fences/ walls shall be no less than six (6) feet in height with a maximum of five percent (5%) vertical surface open space allowed along any given section between support posts/columns.

3.    Gated dumpster/container access shall be provided on one wall. A pedestrian access gate no wider than thirty-six (36) inches may be located on a separate wall. Gates shall meet the same dimensional and screening standards, except that a maximum of six (6) inches may remain open along the bottom.

4.    Shall be sized to fit all required dumpsters/containers, and oriented to provide direct straight-line access from a street or alley without requiring service trucks to occupy the public right-of-way.

5.    Shall not occupy any required off-street parking or loading areas, or vehicle queuing lanes.

A.    Applicable provisions of Article 09 shall apply only to developed areas occupied by pro shops, club houses, retail/commercial structures, off-street parking or loading, outdoor storage, swimming pools, golf driving ranges, and non-golf sport courts.

1.    Such areas shall be:

a.     Located in a contiguous grouping, to the extent practical.

b.    Platted as a separate lot or lots, or specifically designated on Site Plans.

B.    Outdoor lighting installations shall not be located outside of the developed areas, except that minimal lighting may be installed along cart paths and walkways, provided:

1.    Fixtures are installed at a height no greater than twelve (12) feet.

2.    Only “fully shielded” or “full cutoff” light fixtures may be installed.

3.    Fixtures shall be equipped with motion detector shut off controls.

C.    All on-premise structures shall be of consistent architectural style and exterior siding materials.

A.    Shall not exceed two-hundred and fifty (250) square feet gross floor area.

B.    Shall not be utilized as sleeping or living quarters.

A.    Storage of merchandise available for sale shall be allowed outside of the principal structure as a Secondary Use subject to the following standards.

1.    Shall be immediately adjacent, have direct access, and be attached to the principal structure.

2.    Shall be enclosed by a screening fence or wall. The covering material may be semi-transparent to allow natural lighting, but must be sufficiently opaque to fully screen the area from view.

3.    Shall have no more than two (2) openings equipped with gates of similar screening material. Individual openings shall not exceed ten (10) feet in width.

4.    Shall not exceed ten percent (10%) of the principal structure’s gross floor area and shall comply with all yard requirements as if it were part of the principal structure.

5.    Shall be counted as part of the principal structure for required off-street parking calculations.

B.    Additional outdoor display of merchandise for sale is allowed by-right on a temporary basis for seasonal merchandise, such as holiday tree sales. Such areas are subject to the following provisions:

1.    Shall be limited to four (4) annual display periods, each lasting no longer than thirty (30) days.

2.    Shall be identified on approved Site Plans.

3.    Shall not utilize any required amount of off-street parking or loading area.

4.    Shall not exceed ten percent (10%) of the principal structure’s gross floor area.

5.    No additional outdoor merchandise displays shall be approved by any other means.

A.    Shall not be allowed within one-thousand (1,000) feet of any existing or approved residential lot zoned R-R, R-1, R-2, or R-3, as measured between the closest points on any property line.

B.    Shall be located on lots of at least five (5) acres in area, except that vehicle and equipment storage yards shall have a minimum lot size of one (1) acre.

C.    The site shall be buffered along all perimeter lot lines with screening fence/wall meeting the minimum requirements of Section 09.04, in addition to all other required conditions of Article 09. Such fences/walls shall be no less than eight (8) feet in height with a maximum of five percent (5%) vertical open space allowed along any given section between support posts/columns.

D.    The Planning Commission or City Council may enact reasonable operating hour restrictions as part of the conditional use approval.

The following shall only be allowed when developed in conjunction with an approved PDO zoning district.

A.    Multi-tenant lifestyle centers and multi-tenant shopping malls.

B.    Multi-tenant strip centers on lots exceeding two (2) acres in area.

A.    Shall be located on platted lots located within the residential subdivision it serves.

B.    Applicable provisions of Article 09 shall apply.

C.    Outdoor lighting installations shall not be located outside of the developed areas, except that minimal lighting may be installed along cart paths and walkways, provided:

1.    Fixtures are installed at a height no greater than twelve (12) feet.

2.    Only “fully shielded” or “full cutoff” light fixtures may be installed.

3.    Fixtures shall be equipped with motion detector shut off controls.

D.    All on-premise structures shall be of compatible architectural style and exterior siding materials as residential structures in the immediate vicinity.

A.    Shall only be allowed to the rear or side of the primary structure, relative to the required front yard.

B.    Building Permits shall be required only as provided in the Building Code.

C.    Shall not be used for the storage of hazardous materials.

A.    Such displays shall be allowed to occupy public sidewalks only in conjunction with retail primary uses zoned C-1, limited to one (1) time per month for two (2) consecutive days up to twelve (12) hours per day. Sidewalk displays shall be limited to one-hundred and fifty (150) square feet located directly adjacent to the subject lot. At least three (3) feet of clear sidewalk width shall be maintained and displays shall comply with applicable ADA standards.

B.    Except for allowable sidewalk displays, such displays shall be restricted to areas depicted on the Administrative Site Plan of an approved rezoning, conditional use, Zoning Compliance Certificate, or temporary use (for one-time displays), whichever is applicable.

C.    Such displays shall be allowed only as provided for the following primary uses and conditions.

1.    Grocery Stores & Supermarkets; Supercenters & Warehouse Clubs: Shall be allowed seasonal displays up to four (4) times per year. Each display period shall be limited to thirty (30) consecutive days of retail sales, plus three (3) days immediately before and after the sales period for setup and tear down.

2.    Civic, Religious & Organizational Meeting Places: Shall be allowed seasonal fundraising sales displays up to two (2) times per year. Each display period shall be limited to thirty (30) consecutive days of fundraising sales, plus three (3) days immediately before and after the sales period for setup and tear down.

3.    Hardware & Tool Stores; Farm & Home Stores: Shall be allowed permanent displays not exceeding twenty-five percent (25%) of the principal structure’s gross floor area. Displays shall be directly adjacent to the principal structure and may not occupy required parking stalls or loading areas.

4.    Retail uses not specifically indicated: Shall be allowed permanent displays not exceeding ten percent (10%) of the principal structure’s gross floor area. Displays shall be directly adjacent to the principal structure and may not occupy required parking stalls or loading areas.

5.    Legally recognized non-profit organizations: Individual off-premise seasonal fundraising displays may be approved on a one-time basis by temporary use approval, and shall not otherwise be allowed. Such displays may be located only on vacant lots zoned M-1, C-1, C-2, or C-3. Written proof of permission signed by the lot’s owner shall be provided with the temporary use application. Displays shall be limited to thirty (30) consecutive days of fundraising sales, plus three (3) days immediately before and after the sales period for setup and tear down.

A.    Outdoor runs or play yards as a secondary use shall not be allowed in conjunction with any primary use located on a lot less than two (2) acres in area.

B.    Are prohibited in residential districts within the Augusta city limits.

C.    Shall be setback a minimum of fifty (50) feet from any lot line; and shall be located a minimum of two- hundred (200) feet from any off-premise residential dwelling unit.

D.    Lots shall be buffered with a screening fence or landscaped screen consistent with the standards of Section 09.04 or Section 09.05 respectively.

E.    Such facilities shall be located in a contiguous grouping, to the extent practical; and specifically designated on Site Plans.

A.    Shall not be conducted more frequently than once per week, for a period lasting longer than two (2) consecutive days, for a maximum twelve (12) consecutive hours in a day.

B.    Shall not conduct activities or install facilities considered to be an amusement ride, ride device, circus, carnival, or similar without receiving the appropriate licenses and permits as required by City Code and other applicable state and federal agencies.

C.    Outdoor markets that are secondary uses shall not:

1.    Occupy any off-street parking stalls that are required for the primary use during peak parking periods.

2.    Be permitted any permanent signs, but shall be allowed temporary signs as provided for the applicable zoning district, subject to issuance of a sign permit.

3.    Install lighting in addition to that approved for the primary use.

A.    Shall only be allowed in conjunction with primary uses defined as Supercenters & Warehouse Clubs in Article 05; and only as an on-premise, temporary, seasonal secondary use.

B.    Approvals shall be limited to one (1) time per year for a maximum of sixty (60) consecutive days.

C.    In no case shall such uses be allowed to occupy an area exceeding twenty-five percent (25%) of the principal structure’s gross floor area; or occupy any required off-street parking stalls or loading areas.

D.    Shall not be located so as to interfere with vehicular or pedestrian circulation.

The following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.

A.    Exemptions to these standards shall only be allowed when required by state or federal law.

B.    Shall not be allowed within two-thousand five-hundred (2,500) feet of any existing or approved residential lot zoned R-R, R-1, R-2, R-3, or R-4 as measured between the closest points on any property line.

C.    No outdoor lighting shall be allowed.

D.    On-premise storage or disposal of well stimulation byproducts is prohibited. No fluids, wastewater, or wastewater solids may be stored or disposed of within the City of Augusta.

E.    All approvals and permits needed to conduct oil and natural gas drilling operations in the State of Kansas must be received prior to zoning approval.

F.    On-premise extraction operations shall be defined in an operational plan, which is attached to and submitted with the Administrative Site Plan. The operational plan shall include:

1.    Copies of all approvals and permits.

2.    Operating times and conditions.

3.    Operating procedures.

4.    Emergency procedures for accidents, injuries, leaks, spills, natural disasters, fires, explosions, and similar occurrences requiring emergency actions.

G.    Applicable provisions of Article 09 shall apply only to developed areas occupied by drilling/extraction equipment; off-street parking; and outdoor storage. Such areas shall be:

1.    Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.

2.    Located in a contiguous grouping, to the extent practical.

3.    Platted as a separate lot or lots, or specifically designated on Site Plans.

The following provisions shall apply and shall be incorporated into the conditional use approval process as indicated.

A.    Exemptions to these standards shall only be allowed when required by state or federal law.

B.    Shall not be allowed within two-thousand five-hundred (2,500) feet of any existing or approved residential lot zoned R-R, R-1, R-2, R-3, or R-4 as measured between the closest points on any property line.

C.    All approvals and permits needed to conduct quarrying, mining, and applicable extraction operations in the State of Kansas must be received prior to zoning approval.

D.    On-premise operations shall be defined in an operational plan, which is attached to and submitted with the Administrative Site Plan. The operational plan shall include:

1.    Copies of all approvals and permits.

2.    Operating times and conditions. Operations shall be limited to weekdays between 6:00 a.m. and 8:00 p.m., with no operations allowed to occur on federal holidays.

3.    Operating procedures.

4.    Emergency procedures for accidents, injuries, leaks, spills, natural disasters, fires, explosions, and similar occurrences requiring emergency actions.

E.    Applicable provisions of Article 09 shall apply only to areas utilized for off-street parking; and outdoor storage. Such areas shall be:

1.    Fully enclosed within a perimeter visual buffer screening fence or wall, with gated openings.

2.    Located in a contiguous grouping, to the extent practical.

F.    Off-street parking and outdoor storage areas shall not be used to store any tools, equipment, materials, or vehicles utilized off-premise, except for those driven daily by employees.

G.    Shall be secured around the entire property perimeter with a security fence at least eight (8) feet in height. Such fences shall utilize chain link fencing to a height of at least six (6) feet and at least three (3) equally- spaced strands of barbed wire making up the remaining two (2) feet of required height.

H.    Development Site Plans shall depict the storm water drainage facilities necessary to meet all applicable regulations.

I.     Public access to the site for recreational activities, such as boating, fishing, skiing, etc., shall not be allowed.

J.     The period of time the facility will be used for such operations shall be set at the time of conditional use approval. Subject to applicable extensions as provided in these operations, the conditional use shall expire after the specified period or upon the abandonment of all on-premise operations, following which time all associated equipment and materials shall be removed within thirty (30) days.

K.    The conditional use application shall include a reasonable and feasible plan of action for transitioning the site to another viable land use upon the abandonment of on-premise operations.

L.    Upon expiration of the conditional use, the Planning Commission shall initiate an application(s) for vacating the conditional use and rezoning to accommodate the use transition plan.

A.    Shall be located adjacent to and have direct access to an arterial street or highway.

B.    Shall not be located within one-thousand (1,000) feet of property zoned R-R, R-1, R-2, R-3, or R-4.

C.    The Planning Commission or City Council may place reasonable limits on operating hours as a condition of approval.

D.    Applicable compatibility buffer provisions of Article 09 shall apply only to developed areas occupied by retail/commercial structures; outdoor recreation, sport or amusement facilities and equipment; off-street parking or loading; and outdoor storage. Such areas shall be:

1.    Located in a contiguous grouping, to the extent practical.

2.    Platted as a separate lot or lots, or specifically designated on Site Plans.

E.    Outdoor lighting installations shall not be located outside of the developed areas described in Section 10.10.E. Lighting in such areas shall be “fully shielded” or “full cutoff” light fixtures. Provided that expansive open areas, such as golf driving ranges, may be illuminated with flood lights:

1.    Aimed down and inward toward the area.

2.    Equipped with shut off controls that turn lights off during non-operational hours.

A.    Shall not be allowed within two-thousand five-hundred (2,500) feet of any existing or approved residential lot zoned R-R, R-1, R-2, R-3, or R-4 as measured between the closest points on any property line.

B.    Shall be located on a lot of at least five (5) acres in area.

C.    The site shall be buffered along all perimeter lot lines with an earthen berm meeting the minimum requirements of Section 09.04.C, in addition to all other required conditions of Article 09.

D.    The Planning Commission or City Council may enact reasonable operating hour restrictions as part of the conditional use approval.

A.    When more than one (1) structure is dedicated to the primary use, shall be allowed only in conjunction with a PDO zoning district.

B.    Shall not require conditional use approval when developed in conjunction with PDO zoning.

A.    Shall be located on lots of at least one (1) acre in area.

B.    The site shall be buffered along all perimeter lot lines with screening fence/wall meeting the minimum requirements of Section 09.04.A, in addition to all other required conditions of Article 09. In addition, when adjacent to any lot zoned R-R, R-1, R-2, or R-3, such fences/walls shall have a maximum of five percent (5%) vertical open space allowed along any given section between support posts/columns.

C.    The following activities shall be prohibited on-premise: automotive repair; music practice; human habitation; keeping of live animals; storage of hazardous materials; commercial or hobby metal fabrication or woodworking; business activities not conducted in association with on-premise operations of the self- storage use.

D.    Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures equipped with motion detector shut off controls. Lighting fixtures shall not be installed at a height greater than sixteen (16) feet and shall not be located within thirty (30) feet of any property line.

E.    Prefabricated shipping containers shall not be used as self-storage units.

F.    Sites shall meet the hard surface paving requirements of Article 07. In addition, drive aisles between individual storage structures shall be a minimum width of twenty-four (24) feet.

A.    Shall be sited, designed, and operated according to applicable provisions of Kansas state law (K.S.A. 58- 3221 to 3225) and published industry best practices including, but not limited to noise attenuation.

B.    Exterior lights shall be shielded to reflect or direct light away from adjacent properties.

C.    All driveways, parking, loading and vehicle circulation areas shall be paved with concrete or asphalt.

A.    Shall be sited, designed, and operated according to applicable provisions of Kansas state law (K.S.A. 58- 3221 to 3225) and published industry best practices including, but not limited to noise attenuation.

B.    Shall not be located within two-thousand five-hundred (2,500) feet of property zoned R-R, R-1, R-2, R-3, or R-4.

C.    The City Council may place reasonable limits on operating hours as a condition of approval.

D.    Flood light installations in outdoor shooting range areas shall be aimed down and inward toward the area and equipped with shut off controls that turn lights off during non-operational hours.

E.    Parking areas shall be exempt from hard surface paving requirements per Section 07.06.D.2.

A.    Shall meet applicable provisions of the Building Code.

B.    Shall not be utilized on a permanent or temporary basis as sleeping or living quarters.

C.    Shall have exterior siding of a color and visual appearance similar to the principal structure.

D.    Except as approved by a Conditional Use Permit, the maximum lot coverage shall be as follows.

 

1.    In the R-R (Single-Family Rural Residential) District, the maximum lot coverage shall not exceed 40% of the total impervious surface area of the lot.

2.    In the R-1 (Single-Family Residential) District, the maximum lot coverage shall not exceed 40% of the total impervious surface area of the lot.

E.    Semi-trailers, railcars, non-operational trucks, or any similar portable vehicles/units shall not be utilized as storage sheds on lots with a residential primary use.

F.    Shipping containers, Portable On-Demand Storage (PODS) units, or any similar portable storage unit used while moving, remodeling, or similar event when items cannot occupy the principal structure shall be granted administrative approval at no cost for a period not to exceed 60-days. If use exists more than 60-days, a Temporary Use Permit shall be issued pursuant to Article 14 of these regulations and shall be subject to a fee established by Resolution, which may be amended from time to time.

A.    No body art activities (tattooing, body piercings, etc.) shall be viewable from waiting/reception areas or outside the primary structure.

B.    Shall not be located within two-hundred and fifty (250) feet, as measured between the closest points on any property line, of religious meeting places; elementary or secondary schools; day care centers or institutional day cares; public parks or libraries; bars, taverns, or night clubs. Distance restrictions shall not apply to establishments located within the C-1 (Main Street Commercial) District.

C.    Tattoo or Body Piercing Studio shall be permitted by-right in the C-1; C-2; C-3; and M-1 zoning districts only.

A.    Shall be allowed only in conjunction with an approved PDO zoning district.

B.    Shall be located on a lot of at least five (5) acres in area, which has a minimum of three-hundred (300) feet provided in both depth and width.

C.    Shall not be located within one-thousand (1,000) feet, as measured between the closest points on any property line, of a lot zoned  R-R, R-1, R-2, R-3, or R-4.

D.    Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures.

E.    Sites shall meet the hard surface paving requirements of Article 07, with the exception the required supplemental truck parking area, which may be surfaced in accordance with Section 07.06.D.2.

F.    Storage tanks shall be underground and meet applicable state and federal regulations. In addition:

1.    One (1) dedicated loading bay shall be provided on-premise adjacent to filling valve equipment in each storage tank area, subject to Article 07 design standards.

2.    Fuel loading areas shall have pull-through truck access requiring no back-up maneuvers, and shall be arranged such that delivery vehicles do not extend into drive aisles or rights-of-way.

G.    All on-premise areas intended only for passenger vehicle traffic shall meet applicable off-street parking design standards of Article 07 and other applicable provisions of this article.

H.    Minimum off-street parking design standards of Article 07 shall be adjusted within all areas intended for heavy truck traffic as follows:

1.    Truck fuel pump islands shall be setback a minimum of fifty (50) feet along all street frontages in zoning districts with lesser yard requirements. In addition, the following standards shall apply:

a.     Minimum spacing between truck fuel pump islands, measured between the closest points at finished grade, shall be:

i.     Thirty-two (32) feet between uncovered pump islands.

ii.    Thirty-four (34) feet between pump islands under a shared canopy.

iii.   Thirty-six (36) feet between pump islands under separate canopies.

b.    Bollard protection shall be provided at the end of each island. Minimum bollard height is six (6) feet above grade. One or more bollards and a minimum width equal to that of the fuel pumps. Bollards shall not be required where canopy support columns offer the same degree of protection.

2.    Truck fuel pump islands are not required to be located under a canopy; however, where provided, canopies shall be designed to the following standards:

a.     Minimum Vertical Clearance: Fifteen (15) feet

b.    Minimum Overhang (underside of canopy perimeter)

i.     Fifteen (15) feet from the outer edge of pumps on sides parallel to pump islands

ii.    Two (2) feet from the end of the pump island on sides perpendicular to pump islands

I.     Allowable secondary/accessory uses are limited to those of the truck stop definition in Section 05.02 and the following, which shall be subject to all applicable standards of this article:

1.    Passenger vehicle fuel pumps

2.    One (1) restaurant of any type, which may include a drive-thru window

3.    One (1) garbage dumpster and liquid waste container enclosure

4.    One (1) automated car wash bay

5.    One (1) truck wash facility

6.    One (1) truck maintenance or repair facility

7.    Other related uses as may be allowed within the approved PDO zoning district

A.    Shall only be allowed on-premise of the primary use.

B.    Shall not occupy any required off-street parking or loading areas.

C.    Shall not be located so as to interfere with vehicular or pedestrian circulation.

The following provisions shall apply to any such facilities located in City of Augusta public street right-of-way.

A.    Shall be required to execute a franchise agreement with the City of Augusta, except for Augusta municipal utilities.

B.    Shall not be approved for any location in the public right-of-way that:

1.    Disturbs the location of or compromises the function of any other street, street improvement, or traffic control device, existing or planned, located within the public right-of-way.

2.    Disturbs the location of or compromises the function of any other public or private utility infrastructure, existing or planned, located in, under, or above the public right-of-way.

3.    Disturbs the location of or compromises the function of storm water drainage infrastructure, existing or planned, located within the public right-of-way.

4.    Disturbs the location of or compromises the function of any sidewalk, bicycle path, bus stop or other similar facility, existing or planned, located within the public right-of-way.

5.    Is located within a required clear zone, sight triangle of a street or driveway intersection, or is otherwise inconsistent with any applicable design criteria or engineering standards.

6.    Is deemed by the Planning Commission or City Council to pose a reasonable threat to the public interest necessitated by public health, safety, or welfare.

A.    Shall be located on a lot of at least one-half (½) acre in area, which has a minimum of one-hundred and fifty (150) feet provided in either depth or width, regardless of zoning district regulations.

B.    Exterior lighting shall be “fully shielded” or “full cutoff” light fixtures.

C.    Sites shall meet the hard surface paving requirements of Article 07. In addition:

1.    One (1) dedicated loading bay shall be provided adjacent to filling valve equipment, subject to Article 07 design standards.

2.    Fuel loading areas shall have pull-through truck access requiring no back-up maneuvers, and shall be arranged such that delivery vehicles do not extend into drive aisles or rights-of-way.

D.    Storage tanks shall be underground and meet applicable state and federal regulations.

E.    Minimum off-street parking design standards of Article 07 shall apply, except that the minimum spacing between fuel pump islands, measured between the closest points at finished grade, shall be:

1.    Twenty-two (22) feet between pump islands under separate canopies.

2.    Twenty (20) feet between pump islands under a shared canopy.

F.    Fuel pump islands shall be located under a canopy designed and shall meet the following standards:

1.    Minimum Vertical Clearance: Thirteen feet six inches (13’6”)

2.    Minimum Overhang (underside of canopy perimeter)

a.     Ten (10) feet from the outer edge of pumps on sides parallel to pump islands

b.    Two (2) feet from the end of the pump island on sides perpendicular to pump islands

3.    Minimum Pump Island Setback: Thirty-five (35) feet along all street frontages in zoning districts with lesser yard requirements.

4.    Bollard protection shall be provided at the end of each island sufficient to protect the entire width of the island. Minimum bollard height is five (5) feet above the adjacent grade. Bollards shall not be required where canopy support columns offer equal protection.

5.    Drive aisles and vehicle queuing areas provided for fuel pump islands shall not be allowed to satisfy off-street parking requirements.

G.    Vehicle fueling stations as a primary use shall be limited to the following allowable secondary uses:

1.    One (1) garbage dumpster and liquid waste container enclosure

2.    One (1) automated car wash bay

H.    Fuel pumps as a secondary use, shall also be subject to the following provisions:

1.    Shall only be allowed in conjunction with the following primary uses defined in Article 05.

a.     Automotive Repair Shop

b.    Supercenter or Warehouse Club

c.     Convenience Store

d.    Grocery Store or Supermarket

e.     Grain & Feed Store

2.    Shall not be fully unattended facilities. May be attended from within the primary use or from an attendant kiosk having a gross floor area not to exceed three-hundred (300) square feet. Such kiosks may offer limited retail sales of convenience goods, not to include cereal malt beverages, wine, or liquor.

A.    Location / Height Guidelines

1.    The following wireless communication facilities should be permitted by right in any zoning district, subject to the issuance of a building permit, if they conform to the location / design guidelines in this section. Separate permitting requirements for right-of-way are described in this section.

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

b.    Modification and/or replacement of support structures that are not significantly more visible or intrusive, including collocation and cumulative height extensions of up to 25 percent above the original structure height.

c.     Modification and/or replacement of wireless communication facilities, including collocation and cumulative height extensions of up to 25 percent above the original structure height that comply with the compatibility height standards of the Zoning Code.

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

e.     Small cell facilities or distributed antennae systems located in an interior structure or upon the site of any campus, stadium, or athletic facility.

If the Zoning Administrator determines that the wireless communication facility does not conform to the location / design guidelines, the building permit should be denied. Denied building permits may be appealed by applying for an administrative permit or a conditional use. An administrative permit should be approved subject to conditions that maintain conformance with the location / design guidelines. Wireless communication facilities that do not conform to the location / design guidelines may be approved for a conditional use on a case-by-case basis as circumstances warrant.

2.    The following wireless communication facilities should be approved by administrative permit in any zoning district, with the concurrence of the zoning administrator, if they conform to the location / design guidelines in this section and, for zoning lots located within the City, are designated on the “Properties Eligible for an Administrative Permit for a Wireless Communication Facility Map.”

a.     The disguised ground-mounted facilities up to 85 feet in height.

b.    New undisguised ground-mounted facilities up to 65 feet in the R-1, R-2, R-3, and R-4 zoning districts that comply with the compatibility height standards in the Zoning Code.

c.     New undisguised ground-mounted facilities up to 85 feet in height in the M-1, C-1, C-2, and C-3 zoning districts that comply with the compatibility height standards of the Zoning Code.

d.    New undisguised ground-mounted facilities up to 120 feet in the A-1 and R-R zoning districts that comply with the compatibility height standards of the Zoning Code.

e.     New ground-mounted facilities up to 150 feet in height in the I-1 zoning district that comply with the compatibility height standards of the Zoning Code.

3.    Wireless communication facilities that exceed the maximum height for an administrative permit should be reviewed through the conditional use process. Conditional use approvals typically should be subject to conditions that maintain conformance with the location / design guidelines in this section. However, wireless communication facilities that do not conform to the location / design guidelines may be approved for a conditional use on a case-by-case basis as circumstances warrant.

4.    There should be no nighttime lighting of or on wireless communication facilities except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies. Flashing white obstruction lights should be permitted at the base of wireless communication facilities. Temporary lighting for nighttime repairs should be permitted.

5.    No signs should be allowed on a wireless communication facility other than those required by applicable governmental agencies.

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

7.    All wireless communication facilities should comply with all federal, state, and local rules and regulations.

Wireless communication providers are particularly encouraged to seek the following new locations for new facilities:

8.    Mounted on top or the side of multistory buildings and other structures, appropriately concealed, screened, disguised or camouflaged.

9.    On existing utility poles in street right-of-way and on parking lot and athletic field/stadium light standards.

10.  On existing support structures, including those constructed for school district microwave antennas and private dispatch systems.

11.  In wooded areas.

12.  At certain City owned properties, where the size and nature of the use does not interfere with other functions and allows for compatible siting; these may include multistory buildings, water towers, large park areas, sewer treatment plant sites, maintenance yards, and public airports.

13.  The City should also work with public and private agencies such as KDOT and Evergy to encourage the use of highway light standards, sign structures, and electrical support structures for new wireless communication facilities.

B.    Design Guidelines

As a general rule, the less visible and obtrusive a proposed wireless communication facility is, the more acceptable it will be to the community. The visibility of facilities can be minimized by techniques such as concealment, disguise, camouflage, and sensitive design and siting. Specific guidelines include:

1.    Preserving the pre-existing character of the area as much as possible.

2.    Minimizing the height, mass or proportion of the facility to minimize conflict with the character of its proposed surroundings.

3.    Minimizing the silhouette presented by new support structures and antenna arrays. Lattice-type support structures are generally not appropriate in areas within the Planning Area as defined by the Augusta Comprehensive Plan. Lattice-type support structures inside the Planning Area boundary generally should be limited to installations that have antennas mounted flush to the support structure with cables attached to the main support arms rather than the girders. When an antenna array that protrudes from the wireless communication facility is used on a support structure inside the Planning Area boundary, the support structure generally should be a monopole.

4.    Using colors, textures, and materials that blend in with the existing environment and minimize reflection; under some circumstances, surfaces should be painted, or otherwise treated, to match or complement existing background structures or utility poles, as appropriate.

5.    Concealing facilities within potential space in or on existing structures, or disguised to look like another type of facility, like a flagpole, clock tower, or church steeple.

6.    Placing facilities in areas where trees and/or buildings obscure some or all the facility from view, and installing new plantings/screening around the site where visible from major streets or residential areas.

7.    Placing facilities on existing walls, flush-mounted, or on roofs of buildings (excluding single-family and duplex) and structures, up to 20 feet above the existing structure, as opposed to building new ground- mounted support structures. Facilities on rooftops generally should be set back from roof edges or screened from view.

8.    Screening equipment shelters and cabinets through landscaping, walls and/or fencing, as appropriate to the surroundings. In most cases, ground-level equipment should respect the setbacks for accessory uses in the applicable zoning district and be enclosed by 6-8 foot high security fencing, of a material compatible with its surroundings. Equipment should be encouraged indoors if space is available nearby. Burying equipment in an underground vault, to keep most of the equipment out of sight, may be necessary in right-of-way and in some other visually / environmentally sensitive locations, such as tourist attractions, historic landmarks / districts, and other locations of civic importance or architectural significance. Ground level shelters / equipment, appropriately screened and generally landscaped with trees and/or shrubs, should be permitted on lots adjacent to right-of- way, to facilitate the use or reconstruction of utility poles in those right-of-way.

9.    Permitted lighting on facilities only if required by federal regulations.

C.    Right-of-Way

City right-of-way is an encouraged location for wireless communication facilities, particularly for small cell facilities and distributed antenna systems. Locating wireless communication facilities in the right- of-way requires an agreement with the City. Such agreements should include an ongoing rental fee, as allowed by law, to ensure that private property owners are not at a competitive disadvantage to the public sector in regards to renting land for the location of wireless communication facilities. However, state law requires that any rental fee for right-of-way must be competitively neutral with fees charged to other users of the right-of-way such as utility companies and federal rules establish a maximum rental fee that is “presumptively reasonable” and should be considered competitively neutral.

In addition to the design guidelines described above, wireless communication facilities should also meet the following additional design guidelines when located in the right-of-way:

1.    Adjoining Property Owners

       To the extent practical, the design and location should be changed to mitigate an adjoining property owner’s reasonable and objective concerns and to increase consistency with the guidelines of this section.

2.    Location

       Unless reusing an existing pole, facilities should be located adjacent to common lot lines or reserve / open space areas and not in front of buildings.

3.    Wiring - Underground or Aerially

       Facility wiring should be installed underground and within the support structure or within conduit immediately attached to the support structure. Facility wiring should not cross over, under, or through private property unless permitted by easement.

4.    Antennas and Equipment

       Antennas and equipment should be concealed by a cover or enclosure matching or coordinating with the color of the support structure or the color of existing equipment enclosures in the immediate vicinity. Equipment enclosures should be sized and placed in a manner that minimizes visual obtrusiveness, including clustering near other utility boxes and screening by landscaping if appropriate for the location. Installing equipment underground is particularly encouraged.

5.    Public Safety

       Place facilities in locations that are outside of the clear zone and do not cause a sight obstruction for the traveling public and / or obstruct pedestrian safety.

6.    Right-of-Way / Utility Accommodations

       Place facilities in locations that do not hinder existing or planned uses of the right-of-way such as utilities, drainage, street lights, sidewalks, driveways, turn lanes, etc.

7.    Facility Height

       The height of facilities should not be more than 10% taller than the height of existing structures in the right-of-way that are located within one block of the proposed facility unless a greater height is authorized by the City Engineer, or designee, in which case facilities at a height of 50 feet or less are particularly encouraged.

8.    Poles

       Replacing or utilizing existing utility poles is encouraged and installing new support structures solely for the wireless communication facility is discouraged. Pole diameter should not exceed that of existing poles in the right-of-way located within one block of the proposed facility.

D.    Submittal Requirements

Review of proposals for wireless communication facilities will be greatly aided by using a set of standardized submittal requirements. The following are the suggested submittal requirements:

1.    A scaled vicinity plan, dimensioned and identifying existing buildings, trees, and other features within 200 feet of the wireless communication facility in the City or within 1,000 feet of the wireless communication facility in the unincorporated area of the County.

2.    A one-inch-equals-20 feet site plan, dimensioned, identifying the location of all facility elements.

3.    Typical elevations of all facility elements, dimensioned.

4.    Specification of exterior materials and colors of all facility elements.

5.    Landscape / screening plan, with all materials and sizes specified.

6.    Appearance of proposed facility shown in site context by photo-simulation.

When a wireless communication facility requires zoning approval, an application for a building permit should be submitted concurrently unless a tolling agreement is submitted that suspends the review “shot clock” during the time period between approval of the zoning application and submittal of the building permit application.

On-site Wind Energy Conversion Systems (WECS) shall be allowed only by conditional use and shall be restricted to the Planning Area only. Under no circumstances shall WECS be allowed within the city limits.

A.    Freestanding WECS

1.    Only non-commercial WECS with monopole support structures shall be allowed.

2.    WECS shall not be allowed within any required yard setback.

3.    The lowest point of turbine blades shall be no less than twenty (20) feet above the ground.

4.    All applicable compatibility buffer provisions of Article 09 shall apply.

a.     Visual buffer requirement shall apply only to developed areas occupied by WECS structures, outdoor storage, and related off-street parking. Such areas shall be:

i.     Located in a contiguous grouping, to the extent practical and either platted as a separate lot or lots, or specifically designated on Site Plans.

ii.    Enclosed within a screening fence/wall installed only around the perimeter of such facilities and meeting applicable design standards.

b.    For the purpose of calculating height compatibility requirements, height shall be measured from the adjacent finished ground elevation to the highest point of turbine blades at the top of rotation.

5.    Outdoor lighting installations shall be allowed only within perimeter enclosures; shall be the minimum lighting necessary for reasonable site security. In addition:

a.     Lighting fixtures shall be installed at a height no greater than twelve (12) feet.

b.    Only “fully shielded” or “full cutoff” light fixtures may be installed.

c.     Fixtures shall be equipped with motion detector shut off controls.

6.    All support structures shall be unclimbable by design or protected with devices, such as fences at least six (6) feet with locking gates, or anti-climbing devices at least twelve (12) vertical feet from base of pole.

7.    Noise level shall not exceed fifty-five (55) decibels as measured at the nearest lot line.

8.    Signs shall be prohibited except for manufacturer’s identification on the wind turbine cowling and appropriate warning signs and placards. This shall include a “High Voltage” warning sign on the support structure base, with sign lettering at least six (6) inches tall having a minimum stroke width of three-quarters (3/4) of an inch.

B.    Roof-mounted WECS

1.    Shall only be mounted on the structure that is provided power from the unit.

2.    Shall meet the maximum height requirements of the applicable zoning district, as measured from the nearest adjacent finished ground elevation to the highest point of turbine blades at the top of rotation.

3.    Shall not have lighting or emit noise that is detectable beyond the nearest lot line.

C.    Standards applicable to all WECS

1.    All WECS shall be equipped with manual and automatic overspeed controls to limit blade rotation to a speed below the designated limits.

2.    All electrical components, storage facilities, wire conduit, electrical connections, structural components, and mounting components shall conform to applicable building and trade codes adopted by the City of Augusta.

3.    No experimental or prototype WECS shall be allowed.

4.    All WECS shall be non-reflective and non-obtrusive in color.

5.    Shall not generate electromagnetic interference or cause interference with any activity carried on beyond the nearest lot line.

6.    Any WECS that has reached the end of its useful life or has been abandoned shall be physically removed within one hundred eight (180) days after the date of discontinued operations.

D.    Conditional Use application submittals shall include:

1.    Administrative Site Plan per Section 13.03 showing the proposed location of the WECS.

2.    Specifications for the proposed support structures, rotors, and turbines.

3.    As applicable, any pertinent permitting information or correspondence from state and federal agencies.

A.    Wind Energy Generation Structures shall not exceed 45 feet in height, provided that such structure shall not be located in any required setback nor be located closer to any adjacent property than the height of the wind energy generation structure.

B.    Wind Energy Generation Structures shall be allowed only by conditional use and shall be restricted to the Planning area only. Under no circumstances shall wind energy generation structures be allowed within the city limits.