[Ord. No. G-1066, 5-4-2010; Ord. No. G-1127, 3-5-2013]
A. 
The establishment of certain land uses are not appropriate in the City of Junction City; especially those land uses that are of an extremely sensitive nature due to the intensity or environmental impacts associated with the normal operation of the business or activity. However, it is recognized that it may be acceptable, on a case-by-case, site-by-site basis, to permit the development of such land uses where conditions warrant and adequate safeguards are taken to mitigate any of the potential problems associated with said development. Therefore, in order to develop certain land use in the City of Junction City a special use permit issued in accordance with these regulations shall be required.
B. 
It is the intent of this Section to require a special use permit for certain proposed land uses in one or more of the established zoning districts, except as specified in Section 445.180 herein. As such, it is acknowledged that any property owner may seek a special use permit for the types of land uses indicated herein. The subsequent approval of such request by the Governing Body is a purely discretionary act that will be decided based upon the facts and circumstances discovered in the review of each application. There is no implied "right" for any person or landowner to obtain a special use permit for any use on any property.
[Ord. No. G-1066, 5-4-2010; Ord. No. G-1127, 3-5-2013]
A. 
Before the location or establishment of any land use requiring a special use permit, the Metropolitan Planning Commission shall hold a public hearing following receipt of an application which shall be accompanied by a Site Plan which shall include and/or display the following information:
1. 
When deemed necessary, a topographic survey indicating the legal description, property boundary, existing contours, existing utilities and easements, and natural and manmade features of the property.
2. 
A Site Plan, drawn to the same scale as the topographic survey, indicating:
a. 
Existing contours (shown as dashed lines);
b. 
Proposed contours (shown as solid lines);
c. 
Location and orientation of all existing and proposed buildings;
d. 
Areas to be used for parking, including the number and arrangement of stalls;
e. 
Areas to be developed for screening, including the location of plant materials, and screening structures and features;
f. 
Pedestrian and vehicular circulation, and their relationship to existing streets, alleys and public right-of-way;
g. 
Points of ingress and egress;
h. 
Location of all existing and proposed utilities (sanitary sewage systems, water systems, storm drainage systems, gas lines, telephone lines and electrical power lines);
i. 
Drainage controls (retention or detention ponds);
j. 
Location, size and characteristics of identification and business signs;
k. 
Lighting layout, appurtenances, and intensity of illumination;
l. 
Proposed finished floor elevations of all buildings and structures.
3. 
A statement of intent shall accompany the Site Plan to explain the measures used to achieve compatibility of the proposed development with surrounding properties through the planning of the site and the location and design of structures.
B. 
The Metropolitan Planning Commission shall review the application for a Special Use Permit, along with the Site Plan, and shall recommend approval or denial of the Special Use Permit along with the Site Plan to the Governing Body, or may request modifications to the Site Plan as deemed necessary to carry out the spirit and intent of these Regulations. Following receipt of the Planning Commission's recommendation, the City Commission may, within the specifications herein provided, permit such buildings, structures or uses; provided that the public health, safety and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, that the transportation and utility services are appropriate for the level and intensity of the proposed development, and that necessary safeguards will be provided for the protection of surrounding property, persons and of neighborhood values. In this regard, the City Commission may impose reasonable conditions on the approval of a special use permit to carry out the general purpose and intent of these regulations.
C. 
In the process of reviewing any Site Plan, the Metropolitan Planning Commission and/or Governing Body may provide approval of the Site Plan conditioned upon certain limitations or restrictions deemed necessary to protect the public interest and surrounding properties, including, if any, the following:
1. 
Limitations on the type, illumination and appearance of any signs or advertising structures.
2. 
Direction and location of outdoor lighting.
3. 
Arrangement and location of off-street parking and off-street loading spaces.
4. 
The type of paving, landscaping, fencing, screening and other such features.
5. 
Limitations on structural alterations to existing buildings.
6. 
Prohibition of use or construction of any structure to be used for a single-family dwelling, including a manufactured home.
7. 
Plans for control or elimination of smoke, dust, gas, noise or vibration caused by the proposed use.
8. 
Waiver of any standards, requirements or depiction of information required by these Regulations when requested by the applicant and shown to be unnecessary as applied to the specific case in question.
9. 
Such other conditions and/or limitations that are deemed necessary.
[Ord. No. G-1066, 5-4-2010; Ord. No. G-1096, 4-19-2011; Ord. No. G-1127, 3-5-2013; Ord. No. G-1135, 10-1-2013; Ord. No. G-1160, 1-6-2015]
A. 
The following special uses may be approved by the City Commission as provided in this Article.
1. 
Commercial and communication towers, including wireless communication facilities, whether allowed by right subject to a building permit or by special use permit approval, shall be subject to the following provisions:
a. 
All commercial and communication towers, including wireless communication facilities, shall include information for review as required in this provision and said information shall be shown on a site plan drawn to scale.
b. 
The location of every tower, whether by right or by special use permit, shall be set back from all property lines a distance equal to at least one-half of its height and shall be of monopole or a lattice self-support type. Guyed towers shall not be permitted unless the tower is capable of meeting a setback requirement from all property line equal to its height.
c. 
The following wireless communication facilities are permitted by right in any zoning district, subject to the issuance of a building permit, if they conform to all other requirements in this Section:
(1) 
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 support structures up to 20 feet above the building, but not more than 20 feet above the maximum height permitted by a building permit in the underlying zoning district.
(2) 
Modification and/or replacement of support structures (light poles, flagpoles, electrical poles, private dispatch towers, etc.) that are not significantly more visible or intrusive, including cumulative height extensions no greater than 20 feet above the original structure height.
(3) 
New monopole towers no more than 70 feet in height measured from grade. If the Zoning Administrator determines that the proposed monopole does not conform to any requirements of this Section, the building permit shall be denied. Towers denied building permits may pursue approval by applying for a special use.
d. 
All other communication towers including wireless communication facilities that do not meet the requirements of Subsection A1c above shall be reviewed through the special use process as outlined in these regulations.
e. 
All lighting necessary to comply with the FAA lighting requirements shall consist of dual lighting structures with day time strobe lights on medium intensity and night time red lights only. No high intensity strobes or night time strobes shall be permitted. Further, all towers requiring lighting shall provide battery backup or other alternative power source to assure lighting operations during times of power outages. Lighting for security purposes shall be permitted at the base of wireless communication facilities. Temporary lighting for nighttime repairs shall be permitted.
f. 
No signs shall be allowed on an antenna support structure other than those required by applicable governmental agencies.
g. 
At the time of requesting a special use or a building permit for a approvable wireless communication facility as permitted in Subsection A1c above, as applicable, the applicant shall demonstrate to the satisfaction of the approving authority that:
(1) 
No available space exists on existing or approved wireless communication facilities or other structures can be utilized to meet the applicant's communication needs (an existing site will be considered "available space" only if the site is economically and technically feasible with a ready, willing and able landlord); and
(2) 
No other economically and technically feasible opportunity to modify or rebuild an existing structure on which the communication equipment may be located exists (a rebuilding opportunity will be considered economically feasible if the cost of rebuilding an existing facility is no more than the cost of building a new facility on a new site).
h. 
At the time of requesting a special use or a building permit for a wireless communication facility, as applicable, the owner of a proposed new wireless communication facility and the owner of the land, if not the same, shall agree in writing that every commercial telecommunication tower shall be designed to provide co-location with a minimum of 48 antennas and their attendant cables and that such space shall be made available for additional users.
i. 
Any communication tower that is unused for a period of 12 months or more shall be declared abandoned and shall be notified of the necessity of removing the tower and appurtenances and reclaiming the lands as provided herein.
j. 
A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation of the proposed use of the site upon the removal of the tower. The applicant shall also provide financial security in a form acceptable to the City to assure the reclamation of the property shall occur in conformance with the reclamation plan. Financial security provided to the landowner is sufficient, provided it names the City as well.
2. 
Churches may be established in Residential Districts "RS" Suburban Residential, "RG" General Residential, "RD" Duplex Residential and "RM" Multiple-Family Residential.
3. 
Schools, service or fraternal clubs, or YMCA, YWCA and other similar uses, as defined, may be established in any zoning districts except "IR" Restricted Industrial, "IL" Light Industrial, "IH" Heavy Industrial and "IP" Industrial Park.
4. 
Establishment of a parking and/or storage lot for vehicles on a separate lot associated with an auto repair facility in a residential district; subject to the following standards and requirements:
a. 
The entire property shall be screened by way of a privacy fencing material in a manner such that visibility of the parked vehicles is not evident. This may be with a wooden or masonry privacy fence, or may be a chain-link fence with meshing that provides opacity equal to at least 75%.
b. 
All the property devoted to the parking and/or storage of vehicles shall be surfaced as required by City ordinances unless the Governing Body grants modifications to the surfacing requirements as part of the approval of the Special Use Permit.
c. 
The use of the property shall be limited to vehicles associated with the repair business and in the process of completion of the repairs. At no time shall the area be used for storage of equipment, disabled vehicles that are being salvaged, or similar storage purposes.
5. 
A Special Use Permit may be considered in any zoning district for a use that may be permitted in a less restrictive zoning district; provided, it is determined by the Metropolitan Planning Commission that the subject property of a proposed rezoning may be considered inappropriate for the uses permitted by the proposed rezoning but the individual use proposed may be appropriate as a Special Use Permit with appropriate conditions and restrictions in order to mitigate the establishment of the proposed use on the property in question. In said circumstances, the consideration of a Special Use Permit shall be considered to be a "zoning to a more restrictive classification" than proposed by the applicant and, therefore, may be considered at the same public hearing as a recommendation to a "more restrictive classification" to the governing body without the requirement of a new public hearing; provided, however, at no time shall a Special Use Permit be allowed or considered as a means to permit the keeping of farm animals on any property within the City limits of the City of Junction City, Kansas. The only properties allowed for the keeping of farms animals are those specifically zoned and meeting the qualifications and requirements for the keeping of farms animals, and only those farm animals so specified, by the Zoning Regulations and City Code of Junction City, Kansas.
6. 
Any other use not specifically listed as a permitted and/or accessory use in any district in these Regulations; as a Conditional Use Permit; or as a prohibited use.
[Ord. No. G-1238, 4-2-2019]
The City intends to create a simplified and streamlined aesthetic review process establishing a clear and consistent aesthetic standard for placement in the City. For small cell antenna structures installed on City-owned poles in the public right-of-way, these guidelines seek:
A. 
To establish a clear, defined aesthetic standard for use throughout the City;
B. 
To establish a menu of design options for providers to select from when applying for new small cell antenna placement on City poles;
C. 
To minimize unnecessary quantities of new poles by encouraging co-location of small cell facilities;
D. 
To require, in situations where new poles will be placed, that equipment be placed on new, pre-designed and approved stealth poles, such that all equipment, including wiring, can be concealed inside the pole; and,
E. 
To require, in situations where attachments will be made to existing poles, that equipment, cabling, and conduit be concealed through the use of approved shrouding or camouflaging equipment.
[Ord. No. G-1238, 4-2-2019]
The City of Junction City requires the following information to be submitted to the Building and Codes Division of the Junction City Fire Department in writing. The application will be upon a form submitted in accordance with the requirements set forth by the Codes Administrator/Fire Chief.
Site Plans and Structural Calculations: the applicant must submit fully-dimensioned site plans, elevation drawings, and structural calculations prepared, sealed, stamped, and signed by a professional engineer licensed and registered by the State of Kansas. Drawings must depict any existing wireless facilities, with all existing transmission equipment identified; other improvements; the proposed facility, with all proposed transmission equipment and other improvement; and the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks.
A. 
Photo Simulations: For all applications, photo simulations from at least three reasonable line-of-sight locations near the proposed project site. The photo simulations must be taken from the viewpoints of the greatest pedestrian and/or vehicular traffic. Angle of photo simulations separation must be at least 90° or greater and provide a full profile depiction. Photo simulations must be included in the application packet.
B. 
Equipment Specifications: For all equipment depicted on the plans, the applicant must include:
1. 
The manufacturer's name and model number;
2. 
Physical dimensions including, without limitation, height, width, depth, volume, and weight with mounts and other necessary hardware;
3. 
Technical rendering of all external components, including enclosures and all attachment hardware; and
4. 
Which selection(s) from the approved aesthetic standards match the desired design.
[Ord. No. G-1238, 4-2-2019]
The City of Junction City, Kansas desires to promote safe, cleanly organized and aesthetically acceptable facilities using the smallest and least intrusive means available to provide wireless services to the community. All wireless facilities in the public right-of-way must comply with all applicable provisions in this Section. If any other law, regulation or code requires any more restrictive structural design and/or construction requirements, the most restrictive requirement will control.
A. 
Collocation: The City desires and encourages collocations between limited numbers of multiple separate wireless service providers on the same support structure whenever feasible. If the applicant chooses to not collocate when options appear available, demonstrative proof must be provided as to why collocation is not feasible.
B. 
Antennas: The antenna must be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount and other hardware. GPS antennas must be placed within the radome or directly above the radome not to exceed six inches. The radome or side-mounted antenna and GPS antenna must be non-reflective and painted or otherwise colored to match the existing pole.
C. 
Pole-Mounted Equipment Cages/Shrouds: When pole-mounted equipment is either permitted or required, all equipment other than the antenna(s), electric meter and disconnect switch must be concealed within an equipment shroud not to exceed 11 cubic feet in total volume. The equipment must be installed no lower than 15 feet above ground level. The equipment shroud must be non-reflective and painted, wrapped or otherwise colored to match the existing pole. It is preferred that equipment shrouds be mounted flush to the pole, subject to the pole owner's approval. Standoff mounts are permitted for the equipment shroud, but may not exceed six inches and must include metal flaps (or "wings") to conceal the space between the shroud and the pole.
D. 
Poles With Additional Features: New poles should be black in color, using Gloss Black #17038 per Federal Color Standard 595, and designed to include blank connections (handholds and J-hooks) for City permitted uses, such as: cameras, food truck connections, Wi-Fi, and wayfinding signage or banners.
E. 
Ground-Mounted Equipment: Ground-mounted equipment is allowed when placed in conjunction with a new stealth pole and concealed in a ground mounted cabinet. The maximum acceptable dimensions of ground-mounted cabinet will be 30 inches wide by 30 inches deep by four feet high and must be square in shape. Ground mounted cabinets must be installed flush to the ground and will be black in color, using Gloss Black #17038 per Federal Standard 595. Ground mounted equipment on sidewalks must not interfere with the flow of pedestrian traffic and must conform to the American's with Disabilities Act (ADA) in regards to appropriate sidewalk spacing.
F. 
Concealment: Junction City requires the applicant to incorporate concealment elements into the proposed design. Concealment will include approved camouflage or shrouding techniques.
G. 
Utility Lines: New service lines must be undergrounded whenever possible to avoid additional overhead lines. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external junction box.
H. 
Lights: Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. Any lights associated with the electronic equipment shall be appropriately shielded from public view. This Subsection is not meant to prohibit installations on streetlights or the installation of luminaires or additional street lighting on new poles when required by Junction City.
I. 
Generally Applicable Health And Safety Regulations: All facilities shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety standards, regulations, and laws, including without limitation all applicable regulations for human exposure to RF emissions as well as all applicable Ordinances of the City of Junction City regarding, but not limited to, Title II: Public Health, Safety, & Welfare, Title IV: Land Use, Title V: Building & Construction, and Title VII: Utilities.
[Ord. No. G-1238, 4-2-2019]
A. 
Obstructions: Any new pole and/or equipment and other improvements associated with a new pole or an existing pole must not obstruct any:
1. 
Access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors;
2. 
Access to any public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations);
3. 
Access to above-ground or underground infrastructure owned or operated by any public or private utility agency;
4. 
Fire hydrant access;
5. 
Access to any doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way; and/or
6. 
Access to any fire escape.
[Ord. No. G-1238, 4-2-2019]
A. 
Replacement Of Junction City-Owned Street Infrastructure In Right-of-Way: Any new locations must coincide with existing pole locations and the new structure must adhere to the aesthetic standards included in this document. Replacement pole height shall not exceed the height of the existing pole by more than 15%.
B. 
Smart Poles:
1. 
The provider shall purchase the smart pole or replacement pole and shall be responsible for the maintenance of the pole during the period of occupancy by the provider.
2. 
Ownership of the pole will be vested with the City.
3. 
Poles will be designed to include LED luminaire(s) attached to match adjacent poles, blank connections (handholds and J-hooks) for City permitted uses, such as: cameras, food truck connections, Wi-Fi, and wayfinding signage or banners.
4. 
Smart poles are considered to be a suitable replacement for both ornamental and wood poles where applicable.
C. 
Overall Height: New pole height may not exceed the height of surrounding utility poles or streetlights, whichever is greater. If no utility poles are present, the maximum height, including antennas or any other extensions, is limited to 39 feet. Junction City shall consider other poles in the vicinity of the proposed location, the built environment, the neighborhood character, the overall site appearance and the purposes, in connection with these Sections 445.180 through 445.210.
D. 
Lighting: The Building and Codes Division may require the applicant to install functional streetlights when technically feasible and the Codes Administrator determines that such additions will enhance the overall appearance and usefulness of the proposed facility.
[Ord. No. G-1238, 4-2-2019]
A. 
Telecommunication Facilities Located Within The Public Right-Of-Way: Any telecommunications facility installation on City owned poles within the public right-of-way shall conform to antenna and equipment volume or dimensional limitations set forth in these aesthetic standards and any other applicable guidelines in the City. The pictures and profile drawings below represent appropriate installation designs for a small cell antenna installations both on new poles and on existing poles in the right-of-way.
B. 
Existing Pole Replacement: Existing poles in the right-of-way may be replaced with a Smart Pole where applicable. Replacement poles must match adjacent poles in style and form (round, octagonal, fluted, tapered, etc.) Replacement poles must have LED luminaire(s) attached to match adjacent poles.
C. 
Color Choices: New poles placed during the installation of small cell antennas will be black in color, using Gloss Black #17038 per Federal Standard 595. Where existing poles are used, the color of all attachments associated with the small cell antenna will, as closely as possible, match the existing pole color.
D. 
Sourcing Options: All small cell installations, whether on new poles or attached to existing poles, must be procured to meet the specifications in Sections 445.180 through 445.210.
E. 
Pole Options For Drop And Swap And New Pole Placement In The Public Right-Of-Way:
1. 
Integrated Pole With Pedestal Base:
a. 
Pedestal base shall be square in shape with design dimensions not to exceed 30 inches wide by 30 inches long by 48 inches in height.
b. 
Total height of the pole shall not exceed 39 feet, and the height shall match adjacent poles.
c. 
Pole diameter shall not exceed 24 inches and must be octagonal, fluted, or round in shape dependent on matching adjacent City poles.
d. 
Top mount antenna shroud dimensions shall not exceed 24 in diameter by 60 inches height.
e. 
Poles must be constructed of aluminum or steel.
f. 
Attached luminaire(s) and luminaire arm(s) must match adjacent City lighting standard and must contain an LED fixture in accordance with City specifications.
g. 
All Drop and Swap and New Poles placed in the Public Right-of-Way shall be black in color using Gloss Black #17038 per Federal Color Standard 595.
2. 
Fully Integrated Poles:
a. 
Pole diameter shall not exceed 24 inches and must be octagonal, fluted, or round in shape dependent on matching adjacent City poles. The 24 inches diameter radio storage section may rise to a maximum height of 20 feet.
b. 
Total height of the pole shall not exceed 39 feet, and the height shall match adjacent poles.
c. 
Top mount antenna shroud dimensions shall not exceed 24 inches in diameter by 60 inches height.
d. 
Poles must be constructed of aluminum or steel.
e. 
Attached luminaires and luminaire arm must match adjacent lighting standard and must contain an LED fixture in accordance with City specifications.
f. 
All drop and swap and new poles placed in the public right-of-way shall be black in color using Gloss Black #17038 per Federal Color Standard 595.
3. 
Replacement Pole With Attached Radio Shroud And Antenna Shroud:
a. 
May be used only when sidewalk space is limited to less than 10 feet from road edge.
b. 
Pole diameter shall not exceed 12 inches and must be octagonal, fluted, or round in shape dependent on matching adjacent City poles.
c. 
Total height of the pole shall not exceed 39 feet, and the height shall match adjacent poles.
d. 
Radio Shroud shall be mounted no lower than 15 feet above ground level (AGL).
e. 
Radio shroud dimensions shall not exceed 11 cubic feet.
f. 
City preference is that the shroud be flush mounted to the pole; however, offset mount not to exceed six inches is acceptable. If the offset mounting method is used, the offset must be concealed through the use of shrouding connecting the radio shroud to the pole.
g. 
Top mount antenna shroud dimensions shall not exceed 24 in diameter by 60 inches height.
h. 
All cabling must traverse the interior of the pole.
i. 
Poles must be constructed of aluminum or steel.
j. 
Attached luminaires and luminaire arm must match adjacent lighting standard and must contain an LED fixture in accordance with City specifications.
k. 
All drop and swap and new poles placed in the public right-of-way shall be black in color using Gloss Black #17038 per Federal Color Standard 595.
F. 
Concealment Options For Placement On Existing City Poles:
1. 
Pole Mounted Radio Shroud:
a. 
Radio Shroud shall be mounted no lower than 15 feet above ground level (AGL)
b. 
Radio shroud dimensions shall not exceed 11 cubic feet.
c. 
City preference is that the shroud be flush mounted to the pole; however, offset mount not to exceed six inches is acceptable. If the offset mounting method is used, the offset must be concealed through the use of shrouding connecting the radio shroud to the pole.
d. 
Cabling entering and exiting the radio shroud must be adjacent to the pole.
e. 
Cabling traversing the pole shall be covered using minimum two inches in diameter U-guard of steel or aluminum construction.
f. 
Color of shroud and mounting equipment shall be made to match the existing pole color.
2. 
Top Mounted Antenna Shroud:
a. 
Antenna shall be mounted at the top of the pole and shall not increase the height of the pole by more than five feet.
b. 
Diameter of the shroud shall not exceed 24 inches.
c. 
Mounting hardware shall be concealed by the inclusion of a tapered concealment shroud connecting the base of the radio shroud to the pole.
d. 
Cabling traversing the pole shall be covered using minimum two inches in diameter U-guard of steel or aluminum construction.
e. 
Color of shroud and mounting equipment shall be made to match the existing pole color.