planning & Zoning

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Regulations

Accessory Use

Agricultural Zoning

Commercial Zoning

Industrial Zoning

Application Deadlines

Permitted Use Table

Residential Zoning

Signage

Subdivision

Supplementary Use

Unified Development Code

 

Violations

  1. A violation of any regulation adopted in this ordinance shall be a misdemeanor and shall be punishable by a fine not to exceed $500.00 or by imprisonment for not more than six months for each offense, or by fine and imprisonment.  Each day's violation shall constitute a separate offense.  In addition, the City may institute appropriate action, including injunction and mandamus, to prevent unlawful erection, construction or alteration of structures, use of the land, occupation of buildings, abatement of nuisances, failure to obtain permits, sale of land for development purposes without reference to a valid plat or refusal to obey and adhere to a lawful order of the Zoning Administrator.
  2. Any person, the value or use of whose land is or may be affected by such violation, shall have the authority to maintain suits or actions in a court of competent jurisdiction within the appeals period proscribed by law.
  3. Whenever any building or structure is erected, constructed, moved, altered or converted or maintained, or any building, structure or land is purposed to be used in violation of any floodplain regulation contained herein, the city/and or the Attorney General and the Chief Engineer of the Kansas Division of Water Resources of the State Board of Agriculture, in addition to other remedies, may institute injunction, or other appropriate action to prevent such violations.
  4. Any person or agent who applies for a building permit after construction starts (after any footing, slab, support or foundation is installed) shall be required to pay a late charge in accord with the following schedule:

 

New or Relocated

Principal Buildings

Additions to Structures

or Accessory Buildings

First Offense

$150

$75

Second Offense

$200

$75

Third Offense

$300

$200

Thereafter

$400

$400

 

Additional Late Charges For All Structures.

  1. An additional $200.00 fee shall be added to the initial charge if a valid permit is not obtained within seven working days after a Stop Work Order is issued by the Zoning Administrator.  A stay of this action shall be granted to the violator if a proper appeal is filed with the Board of Zoning Appeals or court of competent jurisdiction prior to the seventh workday period.

 

  1. The Zoning Administrator and/or the designated deputy, upon finding a violation of these regulations (or if a proposed action would constitute a violation), shall have the power to:
  2. Issue a Notice of Violation which shall specify the offense, the name of the property owner or agent and/or occupant, the legal description of the property, and the remedy.  A reasonable time, not less than 30 days, shall be set to correct the violation, or to file an appeal.
  3. Issue a Stop Work Order that commands any person to immediately cease and desist from any unlawful construction, use or alteration of any building or land.
  4. Municipal Court Action.  The Zoning Administrator or designated deputy may issue a Citation and Notice to Appear before the Municipal Court.  The citation shall set forth the named person, the offense, and the time to appear in municipal court.

 

  1. Whenever a violation of this ordinance occurs or is alleged to have occurred, any person may file a complaint with the Zoning Administrator stating fully the facts or grounds upon which the complaint is based.  The Zoning Administrator shall promptly record and investigate such complaint and take appropriate action as provided in this ordinance. 
  2. Whenever any provision of this ordinance is violated, the Zoning Administrator shall promptly notify in writing the person(s) responsible for the violations.  The notification shall contain the nature of the violation and any corrective orders. 
  3. The Zoning Administrator shall have the following remedies without limitations:
  4. No Action.  Following any complaint, and after careful consideration, a "No Conflict" opinion may be issued by the Zoning Administrator.
  5. Informal Contact.  The Zoning Administrator shall have the authority to abate the zoning violation through informal meetings or conversations.
  6. Agreement to Abate.  The Zoning Administrator may enter into an agreement with a violator to abate or remedy a violation within a period not to exceed six (6) months, unless extended by the Planning Commission.
  7. Notice and Order.  See above Section 1-7(E).
  8. Permits.  The Zoning Administrator may refuse to issue any required permits on tracts, parcels, or lots cited for active violations of this ordinance.

 

Definitions 

Section 1-1       Definition of General Terms

Accessory Building: A building customarily incidental and subordinate to the main building.

Accessory Use: A use incidental to the principal use of a building. 

Adjacent:  Being contiguous to the adjoining lot or parcel.

Agricultural Use: The use of the land for agricultural purposes, including farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture, and animal (including fur bearing) and bird or poultry husbandry, and the necessary accessory uses and structures for packing, processing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.  Agricultural land shall consist of at least 10 acres unless farm records, past activity, or unique circumstances related to small farms indicate differently.  Land used for agricultural purposes shall not include the following:

  1. Riding academies and stables.
  2. Kennels, breeding and boarding.
  3. Retail greenhouses or nurseries.
  4. Land used for suburban or rural residential home sites where “hobby farming” or some of the plants and animals listed above are grown or raised

Agricultural Uses, Accessory: Those structures or equipment that are normally required in the operation of agricultural uses. 

Alley: A public thoroughfare that affords only secondary means of access to abutting property.

Alterations:  As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.

Animal Sanctuary: A building(s) or use of the land dedicated primarily to the care of abandoned, unwanted, sick or discarded domesticated animals.

Apartment House: A building arranged, intended or designed to be occupied by three or more families living independently of each other.

Applicant: Legal owner or duly designated representative of land proposed to be rezoned, planned or subdivided.

Area, Building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Area, Net Side: The total area within the property lines excluding external streets.

Base Flood: A flood having a one percent chance of being equaled or exceeded in any one year.

Basement: A story partly or wholly underground.  For purposes of height measurement, a basement shall be counted as a story where more than one-half of its height is above the average level of the adjoining ground.

Block: A piece or parcel of land bounded by public highways, streets, streams, railroad right-of-way, parks, etc., or a combination thereof.

Bond: A form of security, including a cash deposit, surety bond, cashier's check or other like security, in an amount approved by the city council whenever a bond is required.

Building, Front Line: The line of that face of the building nearest the front line of the lot.  This face includes sun parlors and covered porches whether enclosed or non-enclosed, but does not include steps.

Building, Principal: A building in which is conducted the main or principal use of the lot on which the building is situated.

Buffer Area: A strip of land, identified on a site plan or as required in this ordinance, established to protect one type of land use from another land use that is incompatible.  Normally, the area is landscaped or kept in open space, or is screened by landscaping materials or a fence.

Camping Trailer: A vehicle or residence on wheels, skids or rollers with motive power designed to be used for human habitation or for carrying persons or property, including a park trailer, travel trailer or recreational vehicle.

Comprehensive Plan: A long-range master plan for area development, including studies of land use, traffic volume and flow, schools, parks, public buildings and other public facilities.

Condominium: A part of a building, with a direct exit to a public street, highway or common area leading to a street or highway, intended for any industry or business or other use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof), meeting the other requirements of the Apartment Ownership Act (K.S.A. 583101 et. seq.).

Correction Plat: A plat which corrects errors, which have been discovered after recording the final plat, which has no relation to the conformity to the subdivision regulation.

Cul-de-sac:   The turnaround at the end of a dead-end street.

Court:  An area enclosed or partially enclosed on not more than three sides -by exterior walls, buildings, or groups of buildings and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.

Coverage: That percentage of the plot or lot area covered by the building area.

Duplex: The use of a lot for two dwelling units within a single building.

Dwelling: A structure or portion thereof designed or used exclusively for human habitation, but not including hotels or motels.

Dwelling, Single-Family Detached: A house keeping unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.

Dwelling, Two-Family: A building designed exclusively for occupancy by two housekeeping units living independently of each other, including a duplex or a semi-detached dwelling.

Dwelling, Multi-Family: The use of a site for three or more dwelling units within a single building.  Typical uses include triplexes, four-plexes, apartments, and townhomes

Double Frontage Lots: A lot, two opposite lot lines of which abut public streets which are more or less parallel.

Drainage Course (Water Course): Any natural or man-made depression, draw or ravine that directs and facilitates the flow of water.

Dog Kennel: The keeping of more than four dogs that are more than six months old.

Dump: A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Easement: A grant by the property owner to the public, a corporation, or persons, of the use of the strip of land for specific purposes, such as access of persons, utilities or services.

ECHO Housing: A small, removable modular cottage on a concrete foundation or slab in the rear or side yard of a dwelling.

Family Day Care Home: A place maintained for the purpose of providing children with food or lodging, or both, away from such children’s home or homes, for less than 24 hours, provided not more than six of the children cared for at such place are less than 16 years of age and not more than three of the children cared for at such place are less than 18 months of age.

Family: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. 

Feed Lot: An enclosure designed or used for the purpose of concentrated feeding or fattening of livestock for marketing.

Fence: A free-standing structure of a metal, masonry, glass, or wood or any combination resting on or anchored in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Floor Area: For computing off-street parking requirements, floor area shall mean the gross floor area of the building measured form the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors except that space which is used for storage or for group meeting rooms.

Frontage: All the property fronting one side of a street between the two nearest intersecting streets or natural barriers.

Frontage, Double: Where platted lots and tracts have a double frontage or are located at the intersection of two streets, the shortest measurement of the lot or tract will be considered as the frontage for front yard set-backs.

Frontage Road: A service road, usually parallel to a highway, designed to reduce the number of driveways that intersect the highway.

Garage, Public: A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

Group Home: Any dwelling occupied by not more than 10 persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, and which is licensed by the state.

Governing Body: The Mayor and Anthony City Commission.

Government Agency: Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district, or other governmental unit.

Improvement: Any permanent structure that becomes part of, placed upon, or is affixed to real estate.

Inoperable Vehicle or Equipment: A motor passenger vehicle, truck, bus, aircraft, or other motorized equipment or machine which is not in condition to be operated in a normal or customary manner, or any major parts thereof such as body, chassis, engine, frame, or the trailer portion of a tractor trailer rig.

Loading Space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street or other appropriate means of access.

Lot: Land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards and lot area as are required by this article and having its principal frontage upon a street or a place approved by the Governing Body.  A lot may include one or more platted lots or metes and bounds described tract, but must be under single ownership and, when more than one parcel, contiguous.

Lot, Corner: A lot or parcel of land abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot, Coverage: That portion of the lot covered by buildings and all impervious surface improvements on the ground, such as paving, pools, and driveways.

Lot, Depth: The horizontal distance between the front and rear lot lines, measured along the midpoint between the two sidelines.

Lot, Width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front building setback line.

Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded at the office of the Register of Deeds for Harper County, or a parcel of land, the deed to which was recorded prior to the adoption of this ordinance.

Lot Split: The division of a lot or tract into two separate and distinct lots that does not involve the use of new easements.

Major Street: A street, highway or roadway designated as such on the official major street and/or County road plan, ordinance or resolution.

Marginal Access Street or Frontage Roads: A minor street that is generally parallel to or adjacent to a major thoroughfare, highway or railroad right-of-way and provides access to abutting property.

Manufactured Home: A structure which bears the HUD "seal of approval" and is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C 5403, and constructed on or afterJune 15, 1976.

Residential-Design Manufactured Home: A manufactured home that satisfies the following additional criteria:

  1. The manufactured home has minimum dimensions of 22 feet in width and 40 feet in length.
  2. The- pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction in the city.
  3. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.
  4. The exterior siding consists of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city.
  5. The manufactured home set up in accordance with-the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations, 198711 (NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall not pierced except for required ventilation and access, is installed under the perimeter of the manufactured home; and
  6. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and it is the purpose of these criteria to ensure that a Residential Design-Manufactured Home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

Mobile Home: A transportable (not RV) dwelling unit built prior toJune 15, 1976, that is 600 square feet or larger in floor area, designed to be used as a year-round residential dwelling.  A mobile home is only permitted on an operating farm of 40 acres or more for the owner, relative, or employee, in a manufactured home park.

Mobile Home Park or Subdivision: A site containing spaces with required improvements and utilities leased for the long-term placement of manufactured houses or mobile homes and that may include services and facilities for the residents.

Modular Home: A manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.  A modular home shall have exterior building materials and appearance similar to the customary single-family structures in the neighborhood and shall be permanently situated on a concrete foundation.

Municipal Water Supply: Water lines extended and water supplied by the City ofAnthony,Kansas.

Non-Conforming Use: A building, structure or use of land existing at the time of enactment of this article and which does not conform to the regulations of the district or zone in which it is situated.

Parking Space, Off-Street: An off-street parking space shall comprise not less than 180 square feet of parking stall plus necessary maneuvering space.

Pedestrian Way: A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

Planning Commission: The City of Anthony Planning Commission.

Plat, Final: A plan or map prepared in accordance with the provisions of these regulations and those of any other applicable local regulations, which plat is prepared to be placed on record in the office of the register of deeds of the county in which part of the subdivision is located.

Plat, Preliminary: A map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, that map need not be based on accurate or detailed final survey of the property.

Plat, Sketch: A concept, informal map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Plat:  (1) A map representing a tract of land showing the boundaries and location of individual properties and streets; (2) a map of a subdivision or site plan.

Public Sanitary Sewer System: A system, other than an individual septic tank or tile field, operated by a municipality or other governmental agency or a public utility for the disposal of wastes.

Public Water Supply: A system, other than a private well, operated by a municipality or other governmental agency, individual contractor or a public utility for the provision of water.

Rooming House: A building in which board or room or both are offered to the traveling public for compensation and open to transient guests in contradistinction to a hotel or motel.

Secretary:  Secretary of the Anthony Planning Commission.

Setback Line or Building Line: A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may be erected or altered, except as otherwise provided in the Zoning Regulations of the City.

Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sidewalk: A sidewalk for foot passengers on the side of a road or street.

Subdivider: A person, firm, corporation, partnership or association who causes land to be divided into a subdivision.

Subdivision: The division of a lot, tract or parcel of land, into two or more parts for the purpose of sale or building development, whether immediate or future, including the resubdivision or replatting of land or lots.  The term "resubdivision" as used herein shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use or other purposes, which varies from the latest, approved subdivision of the same.

Sign: Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, firm, profession, business or commodity, and which are visible from any public street or air. See Article 16, Section 14 for complete sign definitions.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between such floor and ceiling next above it.

Street: A right-of-way, dedicated to the public use or private right-of way serving more than one ownership, which provides principal vehicular and pedestrian access to adjacent properties.

Street Line: The legal line between street right-of-way and abutting property.

Structure: Anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

Use: The purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.

Yard: An open space other than a court on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.

Yard, Rear: A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines.  The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot lines.

Yard, Side: A yard between a main building and the side lot line, extending from the front yard or front lot lines where no front yard is required to the rear yard.  The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.

Yard, Front: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Zoning Administrator: The person appointed by the Governing Body to administer these regulations.

Zoning Lot: A parcel of land designated or developed as a tract of land to be used or built upon as a unit under single ownership.  A single lot of record or a portion of lot of record, or a combination of complete lots of record, complete lots and portions or a lot of record, or portions of lots of record can qualify as a zoning lot. 

Zoning Regulations: The lawfully adopted zoning ordinances of the City of Anthony.

 

 

 

Section 1-2       Public or Civic Use Definitions

Adult Care Home: Any nursing facility, nursing facility for mental health, intermediate care facility for the mentally retarded, assisted living facility, residential health care facility, boarding care home and adult care facility.

Aviation Field or Airport: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

Cemetery:  Property used for the interring of dead human bodies.

Church or Place of Worship: A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

Club or Lodge: An establishment providing meeting, recreational or social facilities for a private or non-profit association, primarily for use by members and guests.  Typical uses include lodges, meeting halls, and recreation centers and areas operated by private clubs and fraternal organizations.

Day Care, Licensed: A facility giving regular care for less than 24 hours per day to a maximum of six (6) children under Kindergarten age {includes the family's own children in this age group and four additional children kindergarten age and over, with a maximum of ten (10) children including the provider's children.

Day Care, Registered: A facility/dwelling in which care is provided for a maximum of ten children under fourteen years of age, not more than six of whom are under kindergarten age and which is licensed and regulated through the Kansas Department of Health and Environment.

Group Day Care Home: A facility licensed and regulated through the Kansas Department of Health and Environment which is located in a single family dwelling unit in which care is provided for a maximum of 12 children under fourteen years of age, which care is provided by two providers, one of whom shall be a bona-fide resident of the dwelling unit.

Group Home: A facility in a residential design building for the care and supervision of developmentally disabled and/or elderly persons according to the guidelines provided by current Kansas Law.

Health Care Facility: A facility or institution, whether public or private, principally engaged in providing services for heath maintenance and the treatment of mental or physical conditions.  Typical uses include public health centers, rehabilitation clinics, extended care facilities, outpatient clinics. 

Hospital:  An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, and medical offices.

Open Space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining such open space.  Open space may include active recreational facilities, however, the improved recreational facilities are a small part of the overall open space.

Preschool:  A nonresidential facility which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten and who are 30 months of age or older; conducts sessions not exceeding three hours per session; which does not enroll any child more than one session per day, and which does not serve a meal, and is licensed by the state. 

Public Park: A publicly-owned park, playground or other area or open space providing opportunities for active recreational activities. 

Public Safety Services: A facility for the conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Public Utility and Facilities: A facility under public franchise or ownership that provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service.  The term “facilities” includes buildings or structures, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility service, such as described above. 

School, Elementary or Secondary: Any school licensed by the State and that meets the State requirements for elementary or secondary education. 

 

Section 1-3       Industrial Use Definitions

Building Construction Trades: An establishment engaged primarily in the construction of residential, commercial, industrial, farm or other buildings.  Typical uses include offices, storage yards and facilities for general contractors, plumbing, electrical, HVAC, and other special trade contractors involved in painting, carpentry, masonry, stonework, roofing, siding and communications.  Contractors engaged in activities that are clearly of a type specialized in heavy construction, such as grading for highways and airport runways are not allowed.

Bulk Storage: An establishment engaged primarily in the storage of chemicals, petroleum products, and other materials in structures for subsequent resale to distributors or retail dealers or outlets.

Chemical Products. An establishment engaged primarily in and production of basic chemicals and the manufacturing of products predominately by chemical processes.  Typical uses include ink manufacturing, insecticides, fungicides, disinfectants, and related industrial and household chemical compounds, perfumes, soaps, paints and allied products, and pharmaceutical products.

Distribution Center: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by rail, area, or motor vehicle.

Fabrication and Assembly: An establishment primarily engaged in the fabrication of electrical equipment, appliances, instruments and devices; apparel and fabric, plastic or metal products that does not generate noise, odor, vibration or other impacts discernible external to the buildings.

Fabrication Metal Products: An establishment primarily engaged in the fabrication of ferrous and nonferrous metal products.  Typical uses include metal cans, tinware, hand tools, cutlery, general hardware, non-electric heating apparatus, fabricated structural metal products, metal stampings, and other metal and wire products.

Heavy Construction Trades: An establishment primarily engaged in the heavy construction of highways, streets, bridges, sewers, railroads, irrigation projects, or flood control projects; and including specialty contractors primarily engaged in trenching, grading, rock removal, and pavement with asphalt or cement materials.

Scrap Storage Yard: A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste papers rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

Laundry Services: An establishment primarily engaged in the large-scale cleaning, or laundry, or dry-cleaning operation other than those classified as low hazard in applicable codes.  The term excludes the limited laundry activities permitted under the definition of “laundry or dry cleaning, limited”.

Lumber and Wood Products: An establishment engaged in the wholesaling and warehousing of dimensioned lumber cut, milled and planed elsewhere; or including the cutting, milling, planing and assembly of cabinets for permanent installation, shutters, windows, doors and door jamb frames, and ornamental woodwork for trim, wainscots, railings and other architectural elements.

Manufacturing: An establishment primarily engaged in the manufacturing of food and beverage products; furniture and fixtures, motor vehicle equipment; medical instruments and supplies; musical instruments; and, toys and sporting goods that does not generate noise, odor, vibration or other impacts discernible external to the lot lines. The slaughtering of animals is not permitted. 

Printing and Publishing: An establishment primarily engaged in the retail or wholesale printing and publishing business.  Typical activities include one or more common processes, such as letterpress, lithography, gravure, or screen, used in periodicals, books, commercial printing, greeting cards, and including services for the printing trade—bookbinding and platemaking. 

Research Facility: Laboratories, offices and other facilities for research (basic and applied) and development, conducted by or for any individual, organization, or concern, whether public or private.

Salvage Facility: A lot, plot or parcel of land where three or more motor vehicles, not in operating condition, are collected and/or stored for the purpose of processing parts for sale.

Transfer Station: An establishment engaged in an intermediate destination for solid waste, including solid waste storage, separation, and compacting. 

Warehouse and Distribution: An establishment primarily engaged in the storage and sales of goods to other firms for resale, as well as activities involved in transporting, moving, and storing of products or equipment.  Uses include trucking yards or motor freight transportation terminals and maintenance facilities, courier services, public warehousing, and food distribution and storage plants.

 

Section 1-4       Commercial Use Definitions

Adult Entertainment: See Article 14 Supplementary Use Regulations, Section 14-2 (K) Adult Entertainment or Adult Uses.

Antenna: An exterior apparatus designed for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

 

  1. Non-Commercial Antenna.  An antenna designed and intended for residential use to receive radio, television or short-wave signals.
  2. Communication Antenna.  An antenna or array of antennas at one location intended to broadcast and receive signals as part of a wide-area, communication system such as cellular telephone systems, pager systems or wireless computer networks, but excluding short-wave radio antennas operated primarily as a hobby.
  3. Directional Antenna.  An antenna or array of antennas, including panels, microwave dishes, and satellite dishes, designed to concentrate a radio signal in a particular direction.
  4. Omni-directional Antenna.  An antenna that transmits signals in 360 degrees, such as whip antennas.
  5. Satellite Dish Antenna.  A dish-shaped antenna used to receive signals transmitted from satellites.  Large Satellite Dish Antennas are those where the maximum diameter of the dish is greater than 36 inches.  Small Satellite Dish Antennas are those where the maximum diameter of the dish is 36 inches or less in diameter.

 

Arcade:  An establishment where 12 or more amusement devices, including but not limited to pool tables, foosball tables, air hockey tables, mechanical rides for children or adults, electronic games, and shooting gallery type games, are accessible to the general public.

Auto Machinery and Repair Shop: An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installations of major accessories and transmission and engine rebuilding services.  Typical uses include major automobile repair garages, paint and body shops.

Auto Service, Limited: An establishment primarily engaged in providing minor auto maintenance and repair services, such as lubrication and oil changes, cleaning and detailing, tire and battery sales and installation, brake and muffler repairs, glass repair and installation, and engine diagnosis and tune-up.  Gasoline sales are permitted.

Banking Services: An establishment engaged in deposit banking or consumer lending.  Typical uses include commercial banks, savings institutions and credit unions.  Drive-through window service and ATM’s are allowed. 

Bar or Nightclub: An establishment used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where music, entertainment, and food may be available for consumption on the premises as accessory to the principal use. 

Bed and Breakfast: A dwelling or structure where short-term lodging and meals are provided.  The operator or agent of the operator shall live on the premises.

Business Supplies Service: An establishment primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to businesses rather than to individuals, but excludes automotive, construction and farm equipment.  Typical uses include office equipment and supply firms and small business machine repair shops.

Campground: A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.

Communication Tower.  A ground-mounted guyed, monopole or self-supporting tower, constructed as free-standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM, digital, microwave, cellular, telephone, or similar forms of electric communication.

  1. Monopole Tower.  A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
  2. Lattice Tower.  A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment. 

Construction Sales and Service: An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials at the place of business.  Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors’ storage yards.

Consumer Repair Service: An establishment primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment repair uses.  Typical uses include appliance repair shops, furniture repair and upholstery shops, watch or jewelry repair shops and musical instrument repair shops.

Drinking Establishments: A place of business offering alcoholic beverages by the individual drink to the public and deriving 30 percent or more of its gross receipts from the sale of food for consumption on the licensed premises.

Entertainment, Indoor: An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge.  Typical uses include bowling lanes, bingo parlors, pool halls, banquet facilities.Arcades as defined above are not included in this definition and follow under a separate category.

Entertainment, Outdoor: An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.  Typical uses include archery ranges, batting cages, golf driving ranges, miniature golf courses and drive-in theaters.

Hotel and Motel: An establishment used, maintained, or advertised as a place where sleeping accommodations are supplied for short-term rent to tenants, in which rooms are furnished for the accommodation of such guests, which may have as an accessory uses one or more dining rooms, and may include individual, convenience kitchen facilities.

Laundry or Dry Cleaning, Limited: An establishment primarily engaged in providing self-service household laundry (washing, drying, and/or ironing and dry cleaning services, classified as low hazard in applicable codes, with consumer drop-off and pick-up.  The term excludes the large-scale dry cleaning activities permitted under the definition of “laundry services”.

Liquor Store: An establishment engaged in the sale of alcoholic beverages for off-site consumption. 

Maintenance Services: An establishment primarily engaged in the provision of off-site maintenance and custodial services.  Typical uses include carpet cleaning, janitorial, landscape maintenance, pest control, septic tank cleaning, and window cleaning services.

Medical or Dental Clinic: An establishment where patients, who are not lodged overnight except for observation or emergency treatment, are admitted for examination and treatment by a person or group of persons practicing any form of healing or health-building services, whether such persons be medical doctors, chiropractors, osteopaths, naturopaths, optometrists, dentists or any other such profession, the practice of which is lawful in the state, and also includes establishments which provide massage therapy by a licensed professional.

Mobile Home Sales and Service: An establishment primarily engaged in the display and sale of manufactured homes; mobile homes or modular homes.

Newspaper Publishing: An establishment engaged in the production and publishing of newspapers. 

Offices: An establishment providing executive, management, administrative or professional services, except medical services and excluding the sale of merchandise, except as incidental to a principal use.  Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, express mail offices (excluding major mail processing and distribution), professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions, interior decorating services; and businesses of private companies, utility companies, public agencies, trade associations, unions and non-profit organizations.

Outdoor Storage: The keeping of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.

Parking Lot: An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.

Personal Instruction: An establishment primarily engaged in training or personal development instruction.  Typical uses include, art and music schools, gymnastics and dance studios, hobby and craft instruction, martial arts training, driving, and computer instruction.

Personal Services: An establishment primarily engaged in the provision of services of a personal nature.  Typical uses include, beauty and barber shops, tanning and nail salons, weight loss centers, health spas, fitness centers, shoe shines, portrait studios, custom tailoring and seamstress. 

Private Clubs: An establishment used for social, recreational, dining, or philanthropic purposes.  Normal use is limited to specific members, patrons or otherwise listed persons.

Recycling Center: A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.

Restaurant, Fast Food: An establishment where the principal business is the sale of food and beverages to the customer in a ready-to-consume state and where the design or principal method of operations is a drive-in or drive-thru service

Restaurant:  An establishment engaged primarily in the preparation of food and beverage for consumption on the premises.  (Does include drive-through lanes for pick-up)

Retail:  An establishment providing general value added sales or rental of goods, but excluding those uses specifically classified in another use category.  Typical uses include antique stores, apparel shops, appliance stores, bicycle shop, book store, card shop, camera and photographic sales and supply, carpet store, computer store, decorating shop, department store, drug store, dry goods, florist shop, food store, including grocery, bakery, meat and delicatessen, furniture and home furnishings, furrier, gift shop, hardware store, hobby shop, jewelry, leather, music supplies and instruments, newspapers and magazines, optical sales, paint and wallpaper, radio or television sales or repair, sporting good, toy store, video rental or sales.

Rooming or Boarding House: A dwelling unit or part thereof in which, for compensation, lodging and meals are provided.

Self-Service Storage: An establishment where independent, fully enclosed bays are leased or rented to persons exclusively for storage of household or personal property.

Tavern: An establishment primarily engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may also provide entertainment, dancing, or serve food.

Theater, Indoor: An establishment for showing motion pictures or live performances in an enclosed building.

Travel Trailer Park: A tract of land containing sites for the overnight or short term parking of two or more camping trailers or tents.  Camping trailers or tents may be parked in a campground or camper park provided such camp area is in conformance with the codes and ordinances of the City ofAnthony.

Truck Stop: Any building or premises, where a business, service, or industry involving maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles.  A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews.

Vehicle and Equipment Sales or Rental: An establishment engaged in the retail, or wholesale, or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance.  Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving truck or trailer rental, and machinery sales and rental.  The term does not include farm implement sales and service, or RV/camper trailer sales and service.

Veterinary Clinic: An establishment providing medical care and treatment for animals, which may include accessory grooming or boarding services.

Vocational School: A secondary or higher education facility primarily teaching useable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.