INDUSTRIAL DISTRICT
City of Hill City and Graham County have created an industrial park in Hill City to encourage the development of light manufacturing and similar facilities. The industrial park is located along Hwy 283 and one mile north of Hwy 24 in Hill City. Lots are served by Hill City electric and water utilities. Lots are priced at $5,000.00 and that amount can be refunded after improvements are completed by the purchaser. All improvements are eligible for the Graham County Revitalization Program and State Rural Opportunity Act incentives.
Requirements for a building site in the Graham County Industrial Park:
1. Prepare plot plan noting building footprint and other improvements.
2. Provide description of building and other improvements.
3. Brief description of business and intended uses of property.
4. Provide proposed hours of operation and traffic requirements.
5. Time line for the construction/improvement phases
6. Schedule meeting with review committee through the Hill City office.
“I-P” INDUSTRIAL PARK DISTRICT
SECTION 1. INTENT AND PURPOSE OF DISTRICT. It is the intent of the “I-P” Industrial Park District to allow certain industrial land used in a park-like atmosphere and this type of use, setback loading and unloading to be controlled. This type of zone will be more compatible with adjoining residential and commercial land uses.
SECTION 2. DISTRICT REGULATIONS. The regulations set forth in this article, or set forth elsewhere in this regulation when referred to in this article are the regulations for “I-P” Industrial Park District. No structure or land shall be used and no structure altered, enlarged, or erected which is arranged, intended or designed for other than the uses listed in the Use Regulations.
SECTION 3. GENERAL REQUIREMENTS
1. The tract for use as an Industrial Park District shall not be less than 10 acres in area.
2. The applicant shall prepare and submit a preliminary development plan for review and approval by the Planning Commission which shall include:
a. A plot plan showing:
(1) Contours at intervals of one foot.
(2) Setback lines or general building locations on the tract to conform with the yard requirements of this district.
(3) Points of ingress and egress.
(4) All streets adjoining subject property and the width of existing right-of-way.
(5) Designation of individual tracts or parcels if the area is to contain more than one building site.
(6) Landscaped buffer strips and screening walls in conformance with Section 7 of this article.
b. Location map showing the development and zoning of the adjacent property, including the location and the type of buildings and structures thereon.
c. The full legal description of the boundaries of the properties to be included in the area to be zoned “I-P” District.
d. A map showing the general arrangement of streets within an area of 1000 feet from the boundaries of the area to be zoned “I-P” District.
e. A map showing location of proposed sewers, water and utility lines.
f. If the applicant desires, he may submit a description or rendering or drawing of the general character of the proposed buildings.
4. Upon approval of the preliminary development plan by the Planning Commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. The final development plan and the Planning Commission recommendation shall be forwarded to the Governing Body for review and final action.
5. Any substantial deviation, as determined by the enforcement officer, from the approved I-P plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the Planning Commission and Governing Body prior to the issuance of a building or zoning permit.
SECTION 4. USE REGULATIONS.
1. Animal hospital or clinics.
2. Bottling works.
3. Building materials, storage and sales.
4. Carpenter, cabinet, plumbing and sheet metal shop, providing outdoor storage is completely enclosed with a 6-foot solid fence or wall.
5. Contractor’s office and equipment storage yard providing the storage yard is completely enclosed with a 6-foot high fence or wall.
6. Dog kennels.
7. Dry cleaning and laundry plants.
8. Feed and seed stores.
9. Frozen foot lockers.
10. Grain elevators.
11. Greenhouses retail and wholesale.
12. Lumber yards.
13. Machinery sales and storage lots (including farm machinery).
14. Manufacturing or fabricating establishments, which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor or smoke.
15. Motor vehicle sales and storage.
16. Poultry storage or slaughtering.
17. Public utility and public service uses.
18. Radiator repair shops.
19. Truck and rail terminals.
20. Upholstering shops.
21. Warehouses or storage houses.
22. Wholesale houses.
SECTION 5. INTENSITY OF USE REGULATIONS. Area occupied by building shall not exceed 35 percent of the ground area on which the building is located.
SECTION 6. HEIGHT REGULATIONS.
1. When a building or structure is within 150 feet of residential district zone, said building or structure shall not exceed 45 feet in height.
2. When a building or structure is more than 150 feet from a residential district zone, said building or structure shall not exceed 75 feet in height.
SECTION 7. YARD REGULATIONS.
1. Front Yards: The front yard shall be a minimum of 25 feet in depth measured from the front lot line except on collector streets, the minimum front yard shall be 75 feet measured from the center line of the street and except on arterial streets, the minimum front yard shall be 85 feet measured from the center line of the street.
2. Side Yards: A side yard of not less than 20 feet shall be required for uses permitted in this district.
3. Rear Yards: A year yard of not less than 20 feet shall be required for uses permitted in this district.
4. Landscaping and Screening: A solid or semi-solid fence or wall at least 6 feet, but not more than 8 feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the industrial development are separated by a public right-of-way, a 10 foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line and maintained by the owner or owners of this property in the “I-P” District.
SECTION 8. PERFORMANCE.
1. Plans and Approval Required: Plans showing layout and design of all required off-street parking areas shall be submitted and approved by the zoning Administrator, prior to the issuing a zoning or building permit. Before approving the parking layout, the Zoning Administrator shall satisfy himself that the spaces provided are usable and meet standard design criteria. All required off-street parking areas, including access drives, shall be improved with asphalt, concrete or similar dust-free surface and all parking spaces shall be clearly marked.
SECTION 9. LOADING AND UNLOADING REGULATIONS. (See the Article on Parking and Loading Regulations.)
SECTION 10. PARKING REGULATIONS. (See the Article on Parking and Loading Regulations.)
SECTION 11. SIGN REGULATIONS. (See the Article on Sign Regulations.)
ORDINANCE NO. ________
IN ORDINANCE AMENDING CHAPTER VII, OF THE HILL CITY CODE OF 2002, PERTAINING TO ENVIRONMENTAL CODE WITHIN THE CITY OF HILL CITY, KANSAS, AND AMENDING THE HILL CITY CODE OF 2002.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HILL CITY, KANSAS:
SECTION 1: The Hill City Code of 2002, shall be amended as follows:
ARTICLE 7. ENVIRONMENTAL CODE.
7-701 LEGISLATIVE FINDING OF FACT. The governing body has found that there exist within the city unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided.
7-702 PURPOSE. The purpose of this ordinance is to protect, preserve, upgrade, and regulate the environment quality of industrial, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof.
7-703 RULES OF CONSTRUCTION. For the purpose of this ordinance, the following rules of construction shall apply:
(1) Any part thereof-Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
(2) Gender-Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
(3) Number-Words of number shall be construed to mean singular or plural, as may be applicable.
(4) Tense-Words of tense shall be construed to mean present or future, as may be applicable.
(5) Shall-The word shall is mandatory and not permissive.
7-704 DEFINITIONS. The words and phrases listed below when used in this ordinance shall have the following meanings:
(1) Abandoned Motor Vehicle-any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of the ordinance; or incapable of moving under its own power; or in a junked or wrecked condition.
(2) Accessory Structure-a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns or outbuildings.
(3) Commercial or Industrial-used or intended to be used primarily for other than residential purposes.
(4) Dilapidation, Deterioration or Disrepair-shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.
(5) Exterior-those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.
(6) Garbage-without limitation any accumulation of animal, fruit or vegetable waste matter that results for the handling, preparation, cooking, serving, delivering, storage or use of foodstuffs.
(7) Person-any individual, individuals, corporation, partnership, unincorporated association other business organization, committee, board, trustee, receiver, agent or other representative who has charge care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.
(8) Premises-any lot, plot or parcel or land without any structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
(9) Refuse-garbage and trash.
(10) Residential-used or intended to be used primarily for human habitation.
(11) Structure-anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.
(12) Trash-combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and noncombustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.
(13) Weathered-deterioration caused by exposure to the elements.
(14) Yard-the area of the premises not occupied by any structure.
7-705 PUBLIC OFFICER. The Mayor shall designate a public officer to be charged with the administration and enforcement of this ordinance.
7-706 ENFORCEMENT STANDARDS. No person shall be found in violation of this ordinance unless the public officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under Section 7-707 but shall not include conditions which are not readily visible from any public place or from any surrounding private property.
7-707 UNLAWFUL ACTS. It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:
(c) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:
(1) lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;
(2) abandoned motor vehicles; or
(3) furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.
(4) nauseous substances, carcasses of dead animals or places where animals or places where animals are kept in an offensive manner.
(d) Exterior conditions (structure) shall include, but not limited to, deteriorated, dilapidated, or unsightly;
(1) exteriors or any structure;
(2) exteriors of any accessory structure; or
(3) fences, walls or retaining walls.
7-708 ORDER OF VIOLATION
(a) The public officer shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found to be in violation of this article an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is nonresident, notice provided by this section shall be given by telephone communication or first class mail. The order shall state:
(1) The condition which has caused the violation of this ordinance; and
(2) That the person in violation shall have:
(a) 10 days from the date of the mailing of notice to alleviate the exterior conditions (yard) violation; and/or
(b) 30 days from the date of the mailing of the notice to
alleviate the exterior conditions (structure) violation; or
in the alternative to subsections (1) and (2) above.
(3) That failure to alleviate the condition or to request a hearing may result in prosecution under Section 7-709 and/or abatement of the condition by the city according to Section 7-710 with the costs assessed against property under Section 7-713 (K.S.A. 12-1617e)
7-709 PENALTY. The public officer may file a complaint in the municipal court against any person found to be in violation of Section 7-707, provided however, that such person shall first have been sent a notice as provided in Section 7-708 and that the persona has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 7-708. Upon such complaint in the municipal court, any person found to be in violation of Section 7-707 shall upon conviction be punished by a fine of not less that $50.00 not more than $100.00, or by imprisonment, for not more that 30 days, or by both such fine and imprisonment, for each offense. For the purpose of this ordinance, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist.
7-710 ABATEMENT. In addition to, or as an alternative to prosecution as provided in Penalty, the public officer may seek to remedy violations of this ordinance in the following manner. If a person to whom an order has been served pursuant to Section 7-711 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 7-704, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the cost incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 7-705.
A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Certified mail, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise or reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of this issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
7-711 HEARING BEFORE GOVERNING BODY. If a hearing is requested within the 10 day period as provided in section 7-708 such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in section 7-710.
7-712 APPEALS. Any person affected by any determination of the governing body under sections 7-710 and 7-711 may appeal such determination in the manner provided by K.S.A. 60-2101.
7-713 COSTS ASSESSED. If the city abates or removes the nuisance pursuant to section 7-170, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same of the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
7-714 CONSTRUCTION. Nothing in this ordinance shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this ordinance shall be in addition to the supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
SECTION 2: This ordinance shall take effect and be in force from and after its passage and publication in the official City newspaper.
Passed this _____ day of ____________________ 2011 by City Council.
Approved this _____ day of ____________________, 2011 by the Mayor.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
ARTICLE XIV
Commercial and Industrial Use Performance Standards
SECTION 16-311. Glare and heat.
Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line. (Prior IDC §8.2.1)
SECTION 16-312. Vibration.
Industrial or commercial operation shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Transportation facilities for temporary construction are excluded from this restriction. (Prior IDC §8.2.2)
SECTION 16-313. Light
Exterior lighting, except for overhead street lighting and warning, emergency or traffic signals shall be installed in such a manner that the light source will be sufficiently obscured and directed downwards to prevent glare on public streets and walkways or into any residential area. In no case shall spillage of on-site lighting exceed 0.1 foot-candle at the site or project boundary. The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals is prohibited. (Prior IDC §8.2.3)
SECTION 16-314. Smoke.
All industrial and commercial used which produce smoke or any air contaminant shall be subject to the jurisdiction and regulation of the Colorado Air Quality Control Division. The Town reserves the right, prior to approving any industrial or commercial application under this Code, to require from the applicant evidence of compliance with applicable regulations of state government. (Prior IDC §8.2.5)
SECTION 16-316. Noise.
All industrial and commercial uses shall be conducted such that noise generated from such uses is controlled at its source so that it does not exceed noise limits at or beyond the lot line of the principal use established by the Town, or in the absence of these standards, those set by the State. (Prior IDC §8.2.6)
SECTION 16-317. Fugitive dust.
No industrial or commercial operation shall be allowed to produce fugitive dust in amounts that are noticeable or appreciable outside of the property boundaries of the use. (Prior IDC §8.2.7)
SECTION 16-318. Electromagnetic, electrical interference.
No commercial or industrial equipment shall be operated in such a manner as to adversely affect the operation of any off-premises electrical, radio or television equipment. (Prior IDC §8.2.8)
SECTION 16-319. Industrial and commercial wastes.
All industrial and commercial operations shall confine liquid and solid wastes produced in connection with such operation within the property boundaries, and shall further ensure that no such waste, including liquid waste such as drain oil, leave the property or enter any treatment facility or natural stream courses. This shall not apply to the appropriate and proper disposal of liquid and solid wastes. (Prior IDC §8.2.9)
SECTION 16-320, Loading and unloading.
All trucks loading and unloading deliveries to or from a commercial or industrial site shall be parked to load or unload only on the property of the commercial or industrial use or private property designed for such purpose and not on any public property or any public or private right-or-way designed for vehicular, bicycle or pedestrian access. Such loading or unloading may not occur between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise approved by the Town. (Ord. O-17 §16,2000)
SECTION 16-321-16-3330. Reserved.