Title 18 - Unified Development Ordinance

18.260.050 Development and Performance Standards

1. A.
   Development and performance standards applicable to all uses:

   1. 1.
      Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
   2. 2.
      No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced. 
   3. 3.
      Outdoor lighting - see 18.435.
2. B.
   Retail sales of goods and services:

   1. 1.
      No wholesale sales shall be conducted.
   2. 2.
      No goods, merchandise or equipment shall be stored or displayed outside of a building.
   3. 3.
      All goods, merchandise and equipment shall be sold or rented, and all services rendered, inside of a building, except as provided in subsection C - E.
3. C.
   Drive-in, Drive-thru and Walk-up service - Drive-in, drive-thru or walk-up service may be permitted as part of final development plan approval in District CP-1. The location and design of any drive-in or drive-thru facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-thru facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects.
   
   ​Exception: Drive-in, drive-thru or walk-up service is not permitted for:
   1. Restaurants;
   2. Retail sales of alcoholic liquor or cereal malt beverages;
   3. Sales for consumption of alcoholic liquor or cereal malt beverages. 
4. D.
   Curbside service - Curbside service may be permitted. The location and design of any designated walk-up or curbside service facility shall be such that potential adverse effect is minimal or nonexistent upon pedestrian and vehicular traffic for the site or upon adjacent property. 
5. E.
   Outdoor food service area - Restaurants or drinking establishments may have an outdoor food service area that is accessory to the main restaurant or drinking establishment function. 

   1. 1.
      The outdoor food service area must be:

      1. a.
         A well-defined space, enclosed by a fence, a wall, or another appropriate material or barrier approved by the Director, in such a way as to allow access only through the interior of the building or through an official gate or entrance (see E.2 below);
      2. b.
         Located on a paved surface at the level of the restaurant. If the outdoor food service area is to be located in an area that has been used for parking, the area must be brought up to the sidewalk level of the restaurant, with adequate pedestrian circulation provided around the outdoor food service area.
      3. c.
         Adequately lighted during all business hours; and
      4. d.
         Designed and serviced to keep debris from blowing off the premises. 
   2. 2.
      Patrons must gain entrance to the outdoor food service area through the main entrance to the restaurant or drinking establishment, but at least one exit from the outdoor service area must be provided for fire safety. 
   3. 3.
      If outdoor food service area is installed on or adjacent to an existing pedestrian walkway, clear sidewalk width meeting the requirements in Site Design Standards SDS 4.7.2 for pedestrian passing shall be provided outside the defined area. 
   4. 4.
      The tables and chairs shall be located at least 10 feet from any doors.  
6. F.
   Outdoor seating areas - Restaurants may provide a small area of tables and chairs on an existing sidewalk where service is not provided by restaurant staff. 

   1. 1.
      Seating areas along a pedestrian walkway shall allow clear sidewalk width meeting the requirements in Site Design Standards SDS 4.7.2 for pedestrian passing. No required ADA areas shall be obstructed.
   2. 2.
      The tables and chairs shall be located at least 10 feet from any doors.
   3. 3.
      Drinking establishments that do not provide outdoor service by staff members shall follow the provisions in E above if alcohol is allowed to be taken outside. 
7. G.
   Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages.

   1. 1.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal malt beverages must be licensed with the State and the City. (See 5.12, 5.20, 5.48)
   2. 2.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal beverages in an outdoor food service area (see E above), must monitor all gates or entrances to the outdoor area as appropriate to ensure no alcoholic liquor or cereal malt beverages are removed from the premises. 
8. H.
   Retail Sales of Alcoholic liquor or cereal malt beverages.

   1. 1.
      Retail sales of alcoholic liquor or cereal malt beverages not for consumption on the premises are allowed for retailers that are properly licensed in compliance with all State and City alcoholic liquor or cereal malt beverage licensing requirements. (See 5.12, 5.20 and 5.48)
   2. 2.
      Retail sales of alcoholic liquor or cereal malt beverages are subject to the provisions of B above.
   3. 3.
      Pursuant to K.S.A. 41-710 (as may be amended), the exterior walls of an alcoholic liquor retailer premises shall not be located within 200 feet of the property line of any public or parochial school or college or church, except that if any such school, college or church is established within 200 feet of any existing alcoholic liquor retailer this setback restriction shall not apply. 

(History: Ord. No. ZRR-3447 §16, 2024; Ord. ZRR-3355 §8, 2022; Ord. ZRR-3072 §1, 2015; ZRR-2285 §10, 2001; ZRR-1725; ZRR-1637; ZRR-1447 §3; ZRR-1429 §3; ZRR-1250 §1; ZRR-1148 §3; ZRR-889 §18.24; ZRR-813; ZRR-412-6; ZRR-412 §14)

Effective on: 1/1/1901