Module No. 2 February 14, 2018 Page 1

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1 Chapter 35 UNIFIED DEVELOPMENT ORDINANCE (UDO)... 3 Article GENERAL SUBDIVISION DESIGN STANDARDS... 3 Division V.1. GENERAL LOT AND SUBDIVISION STANDARDS... 3 Sec , Policies, Purpose, and Applicability... 3 Sec , Subdivision Layout... 4 Sec , Lots and Blocks... 5 Sec , Streets, Drives, and Alleys... 9 Sec , Access Sec , Sight Distance Sec , Pedestrians and Bicycles Sec , Easements Sec , Open Space Sec , Storm Drainage Sec , Water and Sewer Facilities Sec , Development Phasing Sec , Standards for Benchmarks, Monuments, and Markers Division DESIGN CRITERIA AND STANDARD SPECIFICATIONS Sec , Purpose and Applicability Sec , Design Criteria Incorporated Division IMPROVEMENT AGREEMENTS AND SURETY Sec , Construction and Financing Sec , Public Improvement Agreement Sec , Covenant, Conditions, and Restrictions Article 35-6 ENVIRONMENTAL STANDARDS Division VI.1. FLOOD DAMAGE PREVENTION Sec , Statutory Authorization Sec , Finding of Fact Sec , Purpose Sec , Applicability Sec , Establishment of Floodplain Overlay Districts Sec , Public Hearings Required Sec , Use of Other Flood Data Sec , Warning and Disclaimer of Liability Division VI.2. FLOOD HAZARD REDUCTION Sec , Development in Community Special Flood Hazard Area Sec , Standards for Floodplain Development Sec , Floodway Overlay District (FW) Sec , Floodway Fringe Overlay District (FF) Sec , Floodway Fringe (FF) Improvements and Additions Sec , Elevated Buildings Sec , Manufactured Homes Sec , Critical Facilities Sec , Areas of Shallow Flooding Sec , Recreational Vehicles Sec , Compensatory Storage Article SITE DEVELOPMENT Division PARKING AND LOADING Sec , Purpose and Applicability Sec , Computations Module No. 2 February 14, 2018 Page 1

2 Sec , Off-Street Parking Sec , Bicycle Parking Sec , Off-Street Loading Sec , Design, Use, and Maintenance Sec , ADA Parking Sec , Special Studies Sec. VII.1-8, Parking Credits and Reductions Sec , Shared Parking Division TREES, LANDSCAPING, AND SCREENING Sec , Purpose and Applicability Sec , Land Clearing Sec , Tree Preservation Credits Sec , General Requirements Sec , Development Landscaping Sec , Bufferyards Sec , Landscape Plan Sec , Landscape Maintenance and Replacement Division VIII.3. SIGNS Sec , Purpose and Applicability Sec , Sign Permits Sec , Enforcement Sec , Maintenance, Repair, Removal, and Abandonment of Signs Sec , Nonconforming Signs Sec , Measurement Standards Sec , General Provisions Sec , Standards for Specific Sign Types Sec , Prohibited Signs Sec , On-Premise District Regulations Sec , Off-Premise Signs Division , OUTDOOR LIGHTING Sec General Lighting Requirements Sec Outdoor Recreation and Commercial Amusement Lighting Requirements Module No. 2 February 14, 2018 Page 2

3 Chapter 35 UNIFIED DEVELOPMENT ORDINANCE (UDO) Article GENERAL SUBDIVISION DESIGN STANDARDS Division V.1. GENERAL LOT AND SUBDIVISION STANDARDS Sec , Policies, Purpose, and Applicability A. Declaration of Policies. The policies of the MUAPB and the Governing Bodies of the City and County include: 1. The subdivision of land and subsequent development is subject to the control of the MUAPB and the Governing Bodies pursuant to state statute, the Inter-local Agreement between the City and Riley County, and the respective rules, regulations, ordinances, and resolutions of the City and County, in order to promote the orderly, planned, economic, and efficient development of the Manhattan Urban Area; 2. Land to be subdivided must be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace; 3. Land to be subdivided must have adequate public facilities and improvements available when needed and proper provisions for drainage, water, sewage, and capital improvements such as schools, parks and open space, recreation facilities, and transportation infrastructure; and 4. This UDO will be administered to insure orderly and well-planned growth to conform with the Manhattan Area 2035 Comprehensive Plan, the capital improvements program for the Manhattan Urban Area, and to enforce the standards of the Building and Housing Codes, Fire and Life Safety Codes, and the zoning provisions of this UDO. B. Purposes. In accordance with state statute, the purposes of this Article are to: 1. Provide for the health, safety, and general welfare of the Manhattan Urban Area (MUA); 2. Guide development to conform with the Comprehensive Plan; 3. Provide for adequate light, air, and privacy; secure safety from fire, flood, and other danger; and prevent overcrowding and undue congestion of population; 4. Coordinate development with the adjoining land, whether within the City or the Urban Service Area; 5. Provide for sustainable development practices to protect the economy, natural and built environments, and social values of the community; 6. Insure a reasonable use of land and buildings and conservation of resources; 7. Provide adequate facilities and services to support development; 8. Provide good relationships between the uses of land and buildings and the design of infrastructure to manage congestion, secure the safety of pedestrians and bicyclists, and efficiently move vehicles, goods, and services; 9. Establish procedures for the approval of subdivisions and provisions for accurate records, legal descriptions, and monumentation of all land divisions; 10. Conserve resources and preserve the natural integrity and beauty of the land through good engineering and responsible development practices to prevent pollution, manage stormwater runoff, and safeguard the quality of water; 11. Preserve common open spaces for the enjoyment and use of the public conservation design and development incentives; and Module No. 2 February 14, 2018 Page 3

4 12. Provide for fair-share costs of improvements where the costs are borne by those most directly benefiting from the improvements. C. Applicability. 1. Laws and Regulations. As applicable, all subdivision plats must comply with the following: a. This UDO and the County Zoning Regulations; b. Regulations of the Riley County Health Department; c. Regulations of KDOT when taking access to a state highway; d. City and County Building and Housing Codes; e. City and County Fire and Life Safety Codes; f. Standards and regulations of the City and County Engineers; g. The more restrictive standards where a discrepancy exists; and h. Applicable statutory provisions. 2. When Required. Unless exempted, the subdivision of land requires a plat, or replat, whenever land is: a. Divided into two or more lots or parcels; or b. Altered relative to the boundaries of lots or parcels. 3. Validity of Final Plats. Subject to the time limits set out in Sec , Vesting, this UDO will not affect the validity of a final plat recorded in the office of the Register of Deeds of Riley or Pottawatomie County prior to the effective date. A final plat that has been approved by the MUAPB must be recorded within 12 months from the date of approval, after which such final plat must reapply for approval. Any subdivision for which a final plat has not been approved prior to the effective date must comply with this Article, even if preliminary approval was granted under the prior subdivision regulations. 4. Exemptions. The following are exempt from the provisions of this Article: a. The division of land used exclusively for agricultural purposes where no residence is located or proposed to be located on the property and no new streets are to be dedicated. To be considered an agricultural purpose, the land must be zoned agriculture and must be determined to be consistent with the requirements of the applicable UDO and/or administrative policies. b. The subdivision of cemetery burial lots. Sec , Subdivision Layout A. Required Conformance. All subdivision plats must be prepared to conform with the standards of this Article. The layout and location of areas proposed to be dedicated to the public for open space or recreation reserves, streets, trails, storm and sanitary sewer systems, water supply systems, and other utilities must comply with the public improvement standards set out in this UDO, and those adopted by the applicable Governing Body or City or County Engineering Department. B. Subdivision Name. The proposed name of a subdivision must not duplicate, or too closely approximate in sound or spelling, any existing subdivision in either Riley or Pottawatomie County. The use of unit or phasing numbers or other similar titles to distinguish subsequent phases or replats will not be considered a duplicate subdivision name. C. Design Principles. Subdivision plats must be designed to: 1. Provide space for bufferyards between land uses or changes in use or density along lot lines; 2. Preserve site resources; Module No. 2 February 14, 2018 Page 4

5 3. Maximize frontage and access to open space by connecting and continuing the open space of adjoining properties; 4. Provide continuity of streets and pedestrian and bicycle ways within and between developments; 5. Minimize interference or improve access to adjacent properties; 6. Provide access to each lot by a public street or public travel easement; 7. Prevent flood damage; 8. Coordinated drainage patterns with neighboring properties to manage undue stormwater runoff; 9. Avoid, minimize, or mitigate the erosion or deposition of soil in accordance with the National Pollutant Discharge Elimination System (NPDES); 10. Maintain or improve the level of public utility services provided to surrounding development; 11. Encourage and prioritize connectivity of all modes of transportation between neighborhoods and subdivisions; and 12. Construct or locate public water and sewer utilities that allow for access to those utilities for maintenance and repairs that minimize impacts to the property owners and the general public. Sec , Lots and Blocks A. Required Conformance. The minimum dimensions for proposed lots must conform with the applicable standards of this UDO, specifically Table , Residential Standards and Land Uses, and Table , Nonresidential Standards and Land Uses, as well as the regulations of the County in effect on the date of final plat submittal, or as specified by the County Health Department. B. Lot Design. 1. Lot Area. a. Minimum Area. The area of lots must meet the minimum standard for the district and development type set out in Table , Residential Standards and Land Uses, and the district in Table , Nonresidential Standards and Land Uses, b. Average Area. For cluster and planned development, the lot area may be the average area of lots, provided no lot is less than or more than 10 percent of the average lot area, e.g., lot sizes may range from 5,850 to 7,150 square feet for planned development in the RL district. c. Over-Sized Lots. Lots that are two or more times the minimum required area for the applicable zoning district may be required by the MUAPB to be: 2. Lot Shape. 1. Restricted from further subdivision by way of development agreement or approval of conditions, covenants, and restrictions; or 2. Arranged to allow further subdivision or dedication of street rights-of-way, which must comply with the applicable standards of this UDO or the zoning regulations of the County. a. The lot size, width, shape, depth, and orientation must be appropriate for the type of development proposed. b. Corner lots must have extra width to permit the establishment of a front building setback line on both the front and street side of the lots adjoining the street. In all cases, the minimum required widths must be met. Module No. 2 February 14, 2018 Page 5

6 c. Lots on arterial street intersections and at any acute-angle intersections must have a radius or diagonal tangent of 20 feet at the street corner. d. Where a grade separation is proposed at the intersection of arterial streets or highways, lots must be arranged so as to make adequate provisions for grade separation structures. e. Double-frontage lots must be avoided to the maximum extent practicable. Where found to be essential to separate residential development from street right-of-way (e.g. reverse frontage lots) or to overcome topographic constraints, the MUAPB may grant a variation of this standard, provided such condition was not due to the subdivider or owner. (See Figure , Lot Types) f. For cluster and planned development, lot shapes may be approved by the MUAPB when: 1. The shape does not interfere with the efficient development of other property; and 2. The lots allow for a building envelope that is adequate to meet the requirements of this UDO for building and site design. (See Figure , Building Envelope) 3. Preservation of Open Space. In cluster developments, trapezoid-shaped lots are allowed to better accommodate curvilinear roads or cul-de-sacs by increasing the total open space area of the property proposed for development. (See Figure , Lots Shaped to Preserve Open Space) Figure Lot Types Figure Building Envelope Figure Lots Shaped to Preserve Open Space 4. Variable Building Pads. Where residential lots are greater than 17,500 square feet and a subdivider wants to locate buildings to minimize cut-and-fill, the preliminary plat must propose building pads for each lot with varied Module No. 2 February 14, 2018 Page 6

7 setbacks. The plan may be approved by the MUAPB if compliance with all of the standards of this Section is demonstrated, including: a. No Loss of Privacy. To the extent practicable, the minimum required distance between two adjacent homes must be maintained or, as approved by the MUAPB, privacy is maintained by planting a Type B bufferyard along the full length of the shared lot line; b. Environmentally Sensitive. Building pads are located to avoid impacts on natural resources or to provide a better view of protected resources or designated open space; c. Landscaping. The density of landscaping is increased to enhance the natural character of the development compared to what would be required by the minimum standards of Division , Trees, Landscaping, and Screening; d. Edges of Parcel Proposed for Development; 1. If a property line is an existing residential street, then the MUAPB may grant a variation of no more than a 10 percent reduction of the front yard; and 2. If the side or rear lot lines abut an adjacent parcel of a different development or district, then the minimum setbacks must be maintained. 5. Arterial or Collector Streets. Residential lots for single-family detached and duplex or twin-home dwellings: a. The buildings must not face or have direct access onto an existing or designated arterial street or highway, for which the plat must contain such language; b. The buildings may not face a collector street unless approved by the MUAPB due to the orientation or topography of the parcel proposed for development; and c. Must have a lot depth of five feet greater than that required to meet the minimum lot area requirement. 6. Cul-de-sac or Curved Street Lots. Where a lot fronts a cul-de-sac or curved street with a radius of 200 feet or less: a. The minimum lot width is measured at the front building setback line along an arc parallel to the right-ofway of the cul-de-sac or curved street; and b. Lots must be laid out so that their frontage, as measured on the arc of the right-of-way line, is at least 50 percent of the required lot width measured at the building setback line and at least 35 feet measured on the arc of the right-of-way line. 7. Flag Lots. (See Figure , Lot Types) a. Standard Development. The use of flag lots is prohibited in all standard developments. b. Cluster or Planned Development. Where topography or other physical constrains necessitate flexibility, the MUAPB may allow flag lots provided: 1. The pole of the lot is at least 30 feet in width; 2. The area of the pole of the lot does not count toward the minimum lot area requirement; 3. The flag of the lot complies with the minimum lot area and width requirements set out in Table , Residential Standards and Land Uses; 4. If more than one flag lot is proposed, the subdivision must be a master planned development; and 5. Access to the lot complies with the requirements of the applicable City or County Fire Department. 8. Buildable Area. a. Properties for multiple-family residential, commercial, or industrial purposes must be of adequate size to provide for the minimum landscape surface ratio and off-street parking and service areas required for the applicable zoning district and the use proposed for development. Module No. 2 February 14, 2018 Page 7

8 b. Lots for multiple-family, commercial, or industrial uses must provide a buildable area behind the required setbacks with less than a 20 percent slope. If the slope is greater than 20 percent, the lot size must be increased to provide a buildable area with less than 20 percent slope, or a grading plan must be submitted with the preliminary plat and approved by the MUAPB. Grading plans must minimize grading, removal of vegetation, land instability, fire or drainage hazards, or other public safety hazards such as steep vertical cuts. The grading plan must consider the building site, off-street parking lots, and driveways, which may be required by the MUAPB as a condition of preliminary plat approval. The MUAPB may deny a plat that does not adequately address these considerations. Final grading plans must be submitted with the final plat for subdivisions subject to the provisions of this Section. 9. Block Design. a. Generally. The lengths, widths, and shapes of blocks must be determined with due regard to: 1. Provision for adequate building sites suitable for the special needs of the type of use contemplated; 2. Needs for convenient access, safety, and circulation of vehicles, pedestrians, and bicyclists; 3. Consideration of topography and the existence of resource features; and 4. Lot sizes and dimensions of the applicable district. b. Residential Block Lengths. Blocks within a residential district: 1. Must not exceed 1,600 feet in length, unless the block: a. Is adjacent to an arterial street or highway; b. Will reduce the number of railroad grade or major stream or drainageway crossings; c. Will result in less traffic through neighborhoods from adjoining nonresidential areas; d. Traverses a span of open space that is wider than 1,600 feet; or e. Topographical conditions justify a greater block length. 2. Blocks, bound by streets on each side, must be of a width to provide at least two tiers of lots, except: a. Where reverse frontage lots are located along an arterial or collector street; b. Where such an arrangement is prevented by the size, topography, or other conditions of the property; or c. Where lots are clustered to provide visual access to common open space by reducing back-to-back residential lots. 3. Blocks may be irregular in shape if they are compatible with the pattern of blocks in the parcel proposed for development and their design meets the requirements of this Section. 4. Nonresidential Blocks. Blocks for commercial, industrial, public or institutional, and mixed-use areas may vary in their design provided compliance with the requirements for buildable area, parking and landscape surface ratios, and the requirements for access. 5. Mixed-Use Block Lengths. Blocks must be no less than 300 feet or more than 700 feet in length provided a mid-block pedestrian access is provided at an interval of no less than 350 feet. (See Sec , Easements) Module No. 2 February 14, 2018 Page 8

9 Figure Residential Block Figure Nonresidential Block Sec , Streets, Drives, and Alleys A. General Requirements: 1. Applicable Standards. The layout of streets on subdivision plats must be consistent with the applicable standards adopted by the respective Governing Bodies, as follows: a. Within the City and the Urban Service Area. The City of Manhattan s Design Standards and Specifications are the applicable standards. b. Within the Rural/Urban Fringe. The specifications for Street Construction and Design, within the Subdivision Regulations of Riley County apply. c. Conformance with Adopted Plans. Where applicable, the layout of streets must be consistent with the Comprehensive Plan, the Manhattan Area Transportation Strategies (MATS), the Functional Street Classification Map, and all other adopted and amended plans of the applicable Governing Body. 2. Connectivity and Continuity. To the greatest extent practicable, every subdivision must provide multiple access points, subject to Sec , Access, whereby streets in a proposed subdivision must connect to existing streets in abutting platted subdivisions, and streets must be continued to the boundaries of the tract being platted, such that future abutting subdivisions may be connected. Exceptions may be granted by the MUAPB after considering the recommendations of the applicable City or County Engineering and Fire Departments with a finding that: a. The minimum requirements are not reasonable due to the topography or other existing physical conditions of the site; or b. The minimum requirements are not necessary, or desirable, for coordination of the subdivision s layout with existing adjoining layouts or the most advantageous future layouts of adjoining tracts. 3. Integration. New streets must integrate into the existing street and road networks so as to: a. Address the circulation needs of new development; Module No. 2 February 14, 2018 Page 9

10 b. Connect existing and new streets, roads, and pedestrian, bicycle, and transit systems; and c. Facilitate safe and efficient traffic movements within and throughout the City and Manhattan Urban Area. 4. Natural Resources. Streets and roads must be located with appropriate regard for topography, wetlands and riparian areas, water bodies, wooded areas, and other features that: a. Enhance the attractiveness and sustainable value of development; and b. Are significant to the Flint Hills Region for their ecological or natural resource value. B. Public Streets. 1. Layout and Design. a. Layout. Streets must be laid out to respect the existing topography, to permit efficient drainage and utility systems, and to produce an efficient street network to provide safe access to property. b. Street Design. Any type of street pattern may be used that best fits the topography, including curvilinear, grid, or modified grid systems. The use of cul-de-sacs is allowed provided consideration as to the adequacy of pedestrian connectivity and street continuity, including issues such as emergency service access, as set out in this Section. c. Design Context. The alignment, width, grade, and cross-sections of all streets must be designed in the context of existing and planned streets, topographical conditions, and in their appropriate relation to the proposed uses of the land to be served by such streets. d. Site Design. In nonresidential districts, streets and other access ways must be planned in coordination with the layout and arrangement of buildings and, as applicable, the location of rail facilities, truck loading and maneuvering areas, parking areas for site circulation, and pedestrian, bicycle, and transit improvements to minimize conflicts of traffic and pedestrian/bicycle movements both on- and off-site. e. Medians. Medians that are part of a dedicated public street right-of-way may not be utilized for any purpose other than by the Governing Body or a public utility. However, a subdivider or other entity may beautify a median with landscaping with the approval of the MUAPB, provided that: 1. It does not interfere with existing or proposed public utilities; 2. It conforms to the sight distance requirements of Sec , Access; and 3. An agreement, in a form acceptable to the Attorney of the appropriate Governing Body, is on file for the entity with permanent responsibility for maintenance and liability for such improvements. f. Traffic Calming. Calming measures, such as medians, horizontal curves, elevated crossings, pavement changes, intersection diverters, street width changes, roundabouts, and bulb-out intersections, or other methods recommended by the City or County Engineer and approved by the MUAPB, may be used to limit cut-through traffic in residential neighborhoods and to manage the safety, speed, and flow of traffic through intersections. Module No. 2 February 14, 2018 Page 10

11 Figure Traffic Calming Measures Median Horizontal Curve Elevated Crossing Pavement Change Intersection Diverter Street Width Change Roundabout Bulb-Out Intersection 2. Street Cross-Sections. a. Right-of-Way. 1. Width. Right-of-way widths in excess of the minimum standards set out in Table , Street Specifications, below are required whenever, due to topography or other considerations, additional width is necessary to provide adequate earth slopes or sight distances as deemed necessary by the MUAPB. Right-of-way widths may be reduced in accordance with Sec , Easements, regarding companion easements. 2. Dedication. The entire width of right-of-way must be provided where any part of a subdivision is on both sides of an existing street or the general alignment on the street or roads plan of the City or County. When a subdivision is located on only one side of an existing street or the general alignment of a street on the street or road plan of the City or County, one-half of the required right-of-way measured from the centerline of an existing roadway must be provided. 3. Design Considerations. Rights-of-way at intersections must be designed to comply with the standards set out in Sec , Site Distance Requirements. No fixed above ground facilities may be located within the sight distance triangle at the intersection (i.e. utility poles or boxes, trees, shrubs, retaining walls, etc.). Consideration regarding the width of the right-of-way, and companion easements, must be taken into account when planning the street layout. b. Street Specifications. The widths of rights-of-way are applicable to the Urban Area, while the specifications for sidewalks, planting strips, curbs, bicycle or parking lanes, shoulders, travel lanes, and medians / center turn lanes are applicable to the Manhattan Service Urban Area, as follows: 1. Applicability. a. City-owned transportation facilities in the public right-of-way, including streets, bridges, and other connecting pathways, that are newly constructed or reconstructed should be designed and maintained in accordance with the standards of Table , Street Specifications; Module No. 2 February 14, 2018 Page 11

12 b. All travel easements must be designed in accordance with the standards of Table , Street Specifications, provided the following to be determined by the MUAPB or the appropriate Governing Body: I. Construction of a "bike lane" may include a bike boulevard, cycle track, or bike lane as displayed in the Future Bicycle Network of the Manhattan Area Transportation Strategy (MATS); II. An alternative pedestrian and bicycle circulation system may be proposed in lieu of sidewalks, as set out in Sec , Pedestrian and Bicycle Improvements; and III. The warrant for medians or center turn lanes will be determined by the City or County Engineer based upon requirements of the Manhattan Area Transportation Strategy, applicable state and federal guidelines, Average Daily Traffic (ADT), trip generation, and traffic impacts of new development. 2. Exemptions. Exemption of these standards may be approved by the MUAPB when: a. An affected roadway prohibits, by law, use by pedestrians or bicyclists (such as an interstate freeway), in which case such uses may be accommodated by roadways that cross or intersect with the affected roadway; b. The City or County Engineer issues a documented exemption concluding that the application of street improvements is unnecessary, unduly cost prohibitive, or inappropriate because it would be contrary to public safety; or c. Other available means or factors indicate an absence of need, including future need. Table Street Specifications Street Type Graphic Reference Expressway Arterial Collector Local Cul-De-Sac / Turnaround 1 Frontage Applicable to the Urban Area Right-of-Way Width - City - Urban Service Area - Manhattan Urban Area A 120' 120' 120' 100' 100' 100' 80' 80' 80' 60' 60' 60' 55' / 100' 60' / 100' 60' / 100' 50' 60' 60' Applicable to the Manhattan Urban Area Sidewalk Setback 2 B NA 1' 1' 1' 1' 1' Sidewalk 3 C NA 2 x 8' 2 x 6' 2 x 5' 2 x 5' 2 x 4' Planting Strip 4 D 2 x 8' to 20' 2 x 8' 2 x 6' 2 x 6' 2 x 6' 2 x 6' Curb E NA 6" 6" 6" 6" 6" Bicycle Lane 5 F NA 1 x 6' 1 x 5' NA Parking Lane 6 F NA NA 1 x 8' 1 x 8' NA NA Shoulder F 2 x 8' NA NA NA 2 x 15' Travel Lane G 4 to 6 x 12' lanes 4 x 12' lanes 3 x 12' lanes 2 x 15' lanes 2 x 15' lanes lanes Median / Center Turn Lane H 16' 11' 8' NA 10' diameter NA Module No. 2 February 14, 2018 Page 12

13 Table Street Specifications Table Notes: 1. The diameter of a cul-de-sac turnaround is 100', or as required by the International Fire Code. 2. The sidewalk setback is the distance between the edge of the sidewalk and the property line. 3. A sidewalk is only required along one side of a cul-de-sac, extending entirely around the diameter of the the cul-de-sac bulb. We are going to propose sidewalks on the complete bulb of the cul-de-sac. go with having sidewalks on the complete bulb. 4. The planting strip is the space between the back-of-curb and the nearest edge of the sidewalk. Trees within the planting strip are in accordance with Sec , Development Landscaping. 5. The warrant for and location of bike lanes must be in accordance with MATS and determined by the MUAPB in coordination with the responsible City of County Engineer and Governing Body. 6. Parking lanes must be in accordance with the City's requirements and restrictions for parking, as set out in Chapter 31, Vehicles, Traffic, and Parking, of the Code of Ordinances. c. Intersection Angles. Streets must be laid out to intersect as nearly as possible at right angles, but in no case less than 80 degrees. A variation may be approved by the MUAPB based upon the recommendation of the City or County Engineer. d. Multiple Intersections. Intersections involving the junction of more than two streets or four approaches are prohibited. Intersections must be properly designed with the warranted method of traffic control. e. Horizontal and Vertical Sight Distances. Streets must be laid out so as to provide for adequate horizontal and vertical sight distances on all curves and hills, including consideration for sight line obstructions. (See Figure , Street Jogs, Reverse Curves, and Horizontal Sight Distance) f. Design Speed. Design speed must be in conformance with applicable sections of the American Association of State Highway and Transportation Officials' (AASHTO), A Policy on Geometric Design of Highways and Streets. Operating and design speeds at the lower ranges identified in AASHTO are encouraged. g. Street Jogs. Street or cul-de-sac jogs with centerline offsets of less than 150 feet are prohibited. (See Figure , Street Jogs, Reverse Curves, and Horizontal Sight Distance) h. Distance Between Reverse Curves. A tangent of at least 100 feet along the street centerline is required between horizontal reverse curves on arterial and collector streets. (See Figure , Street Jogs, Reverse Curves, and Horizontal Sight Distance) i. Curvature. When the street centerline deflects more than 10-degrees, a curve must be inserted with a radius of footage no less than 500 feet for arterial, 300 feet for collector, and 200 feet for local streets. Upon recommendation of the City or County Engineer, the MUAPB may require an increase in the radius of the applicable curve. Module No. 2 February 14, 2018 Page 13

14 j. Street Grades. The grades of streets must not exceed five percent for arterial, eight percent for collector, and 10 percent for local streets. No street grade may be less than five-tenths percent (0.5%), unless reviewed and recommended by the City or County Engineer. Figure Street Jogs, Reverse Curves, and Horizontal Sight Distance Street Jog Distance Between Reverse Curves Horizontal Sight Distance C. Travel Easements. 1. Ownership. The improvements within a travel easement must be owned, constructed, repaired, and maintained by the owners of abutting or nearby properties. 2. Where Allowed. Travel easements are only allowed: a. If the applicable Governing Body opts not to accept dedication as a public street; and b. Within a Planned Unit Development (see Sec , Planned Development (PD) Floating Zone). 3. General Requirements. a. Travel easements must be laid out, designed, and constructed in the same manner as a public street; b. Travel easements must only be used for internal access to properties within a subdivision and must not be allowed to provide access between subdivisions; c. Travel easements may not be gated; d. Alignments of travel easements must not disrupt the future street or roadway plans of the City or County; e. Travel easements must not interfere with the continuity or connectivity of the street network within the City nor unreasonably impact an abutting public street or road by limiting alternate travel routes; and f. Setbacks must be measured in the same manner as those for public street rights-of-way. 4. Required Covenants, Easements, and Plat Notations. a. All subdivision plats; deeds; and covenants, conditions, and restrictions; or similar documents, must indicate that neither the City or County will accept the dedication of a travel easement. b. Easements must be provided for all public utilities. c. A Property Owners' Association (POA) must be established in a form approved by the responsible Governing Body at the time of final plat approval, which must: 1. Require all lot owners to be members; 2. Collect dues and assessments by way of a benefit district to maintain the travel easements; Module No. 2 February 14, 2018 Page 14

15 3. Enable the appropriate Governing Body to make such repairs, or to conduct such maintenance, that the POA failed to provide, and to assess the costs to such POA and it members; 4. Keep an appropriate reserve fund to insure periodic maintenance of the travel easements; and 5. Require maintenance of the travel easements, together with all traffic signals, street lights, and sidewalks, trails, or bikeways. d. The POA documents must be enforceable by the appropriate Governing Body, and must not be amended without consent of the City and County, as applicable. e. The plats must contain annotations in a form approved by the attorney of the appropriate Governing Body that releases the City and/or County from all liability for damage that may be caused to the travel easements by reasonable use for public purposes, including, but not limited to, school buses, deliveries, law enforcement, utility maintenance, and emergency response. f. Preliminary and final plats must be annotated with a notice that the travel easements are private and subject to Covenants, Conditions, and Restrictions (CCRs), or similar documents, for maintenance, which must contain the following on the face of the plat: D. Street Names. 1. "The streets, as reflected upon the subdivision plat, have not been dedicated to the public for public access nor have been accepted by the City/County as public improvements, and the travel easements, street lights, traffic control devices, sidewalks, and other improvements must be maintained by a property owners association within the subdivision. The streets must always be open to emergency vehicles, public and private utility service personnel, the United States Postal Service, and governmental employees in pursuit of their official duties." 2. "We, the undersigned owners of the land shown on this plat and designated herein as (Subdivision) do hereby grant an easement to the City of Manhattan and/or Riley County, and those who may now or hereafter hold franchise under said City or County. The streets, street lights, traffic control devices, sidewalks, and other improvements and easements thereon shown, surface use of the streets is restricted to the employees or agents of the City of Manhattan or Riley County and employees of utilities operating under franchise to the City or County and residents of the subdivision and their guests." 3. "The owners of lots served by the travel easements and access easements within this plat agree to release, indemnify, defend and hold harmless any governmental entity for damages to the travel easements, alleys, and access easements occasioned by the reasonable use thereof by the government entity for governmental purposes, and to release, indemnify, defend, and hold harmless any governmental entity for damages arising from the condition of the travel easements, alleys, or private access easements. The maintenance of travel easement signs is not be the responsibility of the City or County." 1. Naming. A street planned as a continuation of an existing street must have the same name. Names of new streets may not be so similar in sound and/or spelling to that of existing street names as to cause confusion or misunderstanding, irrespective of a suffix. 2. Departmental Review. Street names will be subject to the review of the Community Development, Public Works, and Fire Departments, and the Riley County Emergency Management Office. Street suffixes must be used to provide a uniform classification of street functions in the following manner: a. Boulevard and Parkway must be reserved for major arterial streets. b. Avenue and Parkway must be used in conjunction with arterial and collector streets. c. Drive, Road, Terrace, and Street must be used in conjunction with local streets. Module No. 2 February 14, 2018 Page 15

16 d. Lane, Circle, and Court must be used in conjunction with cul-de-sacs. e. Place and Way may only be used in conjunction with travel easements. 3. Authorization to Rename. Nothing in this Section prevents, limits, or restricts the applicable Governing Body from renaming any street, once the street has been dedicated to the public, to any name said Governing Body deems appropriate. E. Alleys. Alleys may be approved by the MUAPB with a subdivision. Where proposed, the MUAPB will take into account the lot and street layout and land uses to be served. The following standards apply: 1. Where Allowed. a. Residential districts: Alleys must be parallel, or approximately parallel to the frontage of the street. b. Nonresidential, Mixed-Use, and Institutional Districts: Alleys must be located in activity centers where it is necessary to provide service access to buildings. 2. Width. The minimum width is as follows: a. Residential Districts: 1. Two-way: 15 feet. 2. One-way: 10 feet. b. Nonresidential, Mixed-Use, and Institutional Districts: 25 feet. 3. Design. Alleys must be straight with no alley intersections, except as may be approved by the MUAPB. 4. Surface. The surface of alleys must be in accordance with standards set out in Subsection A.1., above. 5. Connectivity. a. Alleys must connect to public streets on both ends, and must be dedicated as public rights-of-way. b. Dead-end alleys are prohibited. 6. Parking. All alleys must be posted "No Parking." 7. Crossings. Sidewalks and trails must continue across alleys at points of intersection. 8. Services. New alleys must be constructed as service streets, as follows: a. Gas and electric meters must be readable from alleys, and not obstructed by fencing or landscaping; and b. No structures or trees may be built or planted within the sight distance triangle at the intersection of an alley and street. F. Dead-End Streets. Dead-end streets may be approved by the MUAPB as follows: 1. Street extension will be required upon development of the adjacent, undeveloped property; 2. There are no building obstructions, topographic limitations, or environmental constraints to prevent the street extension; 3. The dead-end street is no longer than: a. The greater of 1,200-feet or serving 30 single-family lots; or b. 800-feet for multiple-family, nonresidential, and institutional developments; 4. The turnaround must be a paved surface constructed to the standard of a public street, per the International Fire Code; and 5. The dead-end street will terminate in a: a. "T" turnaround with two, 90-degree stub-outs with minimum dimensions of 30 feet each; or Module No. 2 February 14, 2018 Page 16

17 b. Cul-de-sac with a minimum radius of 50 feet. (See Figure , Turnarounds) Figure Turnarounds Source: International Fire Code, Appendix D, Fore Apparatus Access Roads G. Cul-De-Sacs. Cul-de-sacs may be allowed where continuous street connections are not practical due to topographical constraints. Cul-de-sacs are allowed as follows: 1. Length. (see Figure , Cul-De-Sac Standards) a. Measurement. The maximum length of a cul-de-sac may be 600 feet, measured from the near line of the intersecting street, along the centerline of the cul-de-sac to the center of the turnaround. b. Exception. The MUAPB may approve an exception subject to Sec , Exceptions, allowing a length greater than 600 feet, provided the street complies with the standards of Subsection B, Public Streets, above. 2. Radii. The minimum radii of the paved portion of a cul-de-sac may be 48 feet (96' diameter). 3. Driveway Access. Driveways that connect to the cul-de-sac must be separated at the curb cut by at least: a. Mixed or Multiple-Family Residential: 30 feet on both sides. b. Nonresidential: Five feet on one side and 40 feet (distance along curve) on the other side. Module No. 2 February 14, 2018 Page 17

18 Figure Cul-De-Sac Standards Measurement of Length Sec , Access A. Purpose. The purpose of this Section is to promote safe transportation facilities, improved mobility and access, and increased business and/or land value. Accordingly, access to collector and arterial streets must be managed according to the standards of this Section. B. Applicability. 1. Required Compliance. Properties with access connections that do not meet the requirements of this Section must be brought into compliance, to the maximum extent practicable, when the street is materially improved, or when a change in use results in one or more of the following conditions: a. A plat is required; b. A site plan is required; c. The site will generate an increase of 20 percent or greater peak hour trips or 100 vehicles per hour in the peak hour, whichever is less, as determined by one of the following methods: 1. An estimation based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (latest edition) methodology for typical land uses; or 2. Traffic monitoring conducted during the peak hour of the traffic adjacent to the property; or 3. Traffic counts made at similar traffic generators located in the Manhattan Urban Area. 2. Business Commercial (BC) District. There must be only one connection permitted per lot on an arterial street, which may not be greater than 24 feet in width for each 100 feet of street frontage. 3. Residential - Nonresidential Access. No land located in a residential district may be used for a driveway, walkway, or connection to land in a nonresidential district, except as provided in this UDO. Module No. 2 February 14, 2018 Page 18

19 4. Required Collector or Arterial Street Access. Nonresidential districts and uses with a gross floor area greater than 10,000 square feet must take access to a collector or arterial street. C. Access to Arterial and Collector Streets. Direct access to an arterial or collector street by a private driveway may only be allowed when no other means of access is available. The City or County Engineer will review the subdivision and make a recommendation to the MUAPB. 1. Layout. Where a proposed nonresidential subdivision is abutting or contains an existing or proposed limited access arterial or collector street, the MUAPB may require a street system layout to afford separation of through and local traffic. This may be accomplished through reverse frontage lots with access control provisions along the rear service areas or frontage roads. (See Figure , Reverse Frontage Access) 2. Limited Access. Except within the O-EN district, where a residential subdivision is abutting or contains an existing or proposed arterial or collector street, the MUAPB may require that access to the arterial or collector street be limited by any of the following means: a. When a subdivision abuts an arterial or collector street, the subdivision must be laid out so as to back onto the arterial or collector street and front onto a parallel local street or cul-de-sac. No access may be provided directly to any lot from the arterial or collector street. Pedestrian and bicycle access to the arterial or collector sidewalk system should be accommodated by appropriate use of pedestrian easements; or, b. A series of cul-de-sacs, u-shaped streets, or short loops must be provided at right angles to a parallel street, with their terminal lots backing onto the arterial or collector street and providing no access to the arterial or collector street from such lots. Pedestrian and bicycle access to the arterial or collector system should be accommodated by appropriate use of pedestrian easements. Eyebrow cul-de-sacs are prohibited; or, c. A frontage road may be provided, and must be separated from the arterial or collector street by a minimum 10-foot wide planting or grass strip, and providing access to the arterial street at suitable points. Figure Reverse Frontage Access Module No. 2 February 14, 2018 Page 19

20 D. Driveway Access. To the maximum extent practicable, driveways to abutting property must be confined to local streets. Direct access to arterial and collector streets is prohibited unless no reasonable alternative is available, or as approved by the MUAPB. 1. Corner Lots. Lots abutting an intersection of an arterial and local street must take access from the local street, provided the access meets the corner clearance requirements set out in this Section. 2. Driveway Spacing Standards. Displayed in Figure , Typical Lengths of Intersection Functional Areas, are the approximate approach and departure functional areas for the various intersection combinations in the Urban Area. Figure Typical Lengths of Intersection Functional Areas Source: Manhattan Area Transportation Strategy (MATS) E. Common and Internal Cross Access. (See Figure , Joint and Cross Access) 1. Generally. a. Parcels that front on arterial or collector streets must, to the extent practicable, provide cross-access, unless infeasible. b. Where connections to abutting parcels are possible, but not currently provided: 1. The parcel proposed for development must include a stub-out at a location that allows for a reasonable connection on the abutting parcel (i.e., one that allows for reasonable development of both parcels) in the future; and 2. The applicant must record a cross-access easement in a form acceptable to the City or County Attorney to allow for future connection of the stub-out to a comparable land use on the abutting parcel. c. Access must be spaced according to the access spacing and corner clearance standards of this Section. Module No. 2 February 14, 2018 Page 20

21 d. Temporary access (or a continuation of current access) may be provided to parcels which cannot comply with these requirements, provided reasonable access is unavailable through cross-access easements or consolidation of abutting lots. e. Access must be designed so that vehicles do not back into street rights-of-way. 2. Legal Instrument Required. a. Access that is shared by adjacent properties, whether under single or separate ownership, must be preserved using an appropriate legal instrument acceptable to the City or County Attorney, approved by the Zoning Administrator, and recorded in the public records of Riley or Pottawatomie Counties at the applicant's expense. The obligation to provide and maintain the cross-access runs with the land. The recorded book and page number of the legal instrument must be referenced on any subsequent approved site plans or subdivision plats of the property. b. If there is an existing shared access for which there is no recorded legal documentation, the shared access must continue and appropriate legal documentation must be executed and recorded prior to approval of any site plan or subdivision plat, in a form acceptable to the City or County Attorney. 3. Terms. The MUAPB may require that common and cross-access easements include one or more of the following: a. Sufficient width to accommodate a two-way access between properties, designed to accommodate automobiles and service and loading vehicles; b. Stub-outs and other design features to allow abutting properties to be tied in to provide future cross access; or c. Linkage to other cross-access drives in the area. Figure Joint and Cross Access Source: Manhattan Area Transportation Strategy (MATS) F. Access Spacing and Corner Clearance. Access connections include streets, alleys, driveways, and frontage roads. Spacing of access connections must be provided as set out in this Section. 1. Measurements. The requirements of this Section are measured along the edge of the travel way, from the closest edge of pavement of the first access connection to the closest edge of pavement of the second access Module No. 2 February 14, 2018 Page 21

22 connection, including curb returns. This is displayed in Figure , Access Spacing and Corner Clearance Measurements, as access spacing, same side of street. Access spacing on opposite sides of the street are also measured between the closest edge of each access point, which is displayed as access spacing across street. Figure Access Spacing and Corner Clearance Measurements 2. Connection Spacing, Same Side of the Street. The minimum connection spacing for access points on the same side of the street is set out in Table , Access Spacing, Same Side of the Street. The spacing requirements are not intended to constrain infill or small site developments or redevelopments, which may warrant a reduction of the requirements based on site and street constraints and an engineering analysis demonstrating a functional and safe connection. Functional Class Median Treatment Table Access Spacing, Same Side of the Street Driveway Spacing 1 Median Opening Spacing < 45 mph > 45 mph Directional Full Minimum Signal Spacing Arterial Median is desirable 440' 660' 660' 1,320' 1,320 Collector Varies 330' 440' 330' 660' 660' Local 2 No median 150' NA NA NA NA Table Notes: 1. Applies to roadways, driveways, and any other connections to public rights-of-way 2. This spacing does not apply to individual driveways on local residential streets. Source: Manhattan Area Transportation Study (MATS), March 2015, (Table A-1) 3. Corner Clearance. a. The minimum corner clearance for driveways is set out in Table , Minimum Corner Clearance, which is illustrated in Figure , Illustrative Minimum Corner Clearance. Module No. 2 February 14, 2018 Page 22

23 b. The distances that are set out in the table are minimums. Since site and intersection design must be considered on an individual basis, greater clearance lengths may be required by the City or County Engineer if necessary to protect public safety. Residential Connections Intersecting Street Classification Table Minimum Corner Clearance Minimum Corner Clearance for Connections on: Street A Street B Street A Street B Local Local 40' 40' Local Collector 40' 50' 1 Collector Collector 50' 1 50' 1 Arterial Local 125' 2 75' Arterial Collector 125' 2 75' 1 Arterial Arterial 125' 2 125' 2 Nonresidential Local Local 50' 50' Local Collector 50' 50' Collector Collector 75' 75' Arterial Local 125' 75' Arterial Collector 125' 75' Arterial Arterial 125' 125' Table Notes: 1. Driveways for single-family detached and attached dwellings are generally not allowed on this street classification. 2. An area for stacking vehicles at connection points from multiple-family development may be required by the City or County Engineer to prevent disruption of traffic flow on the arterial street. 3. An exception is required for corner lots with arterial street frontage where the required corner clearance cannot be met as a result of the lot width or depth. Figure Illustrative Minimum Corner Clearance Module No. 2 February 14, 2018 Page 23

24 Sec , Sight Distance A. Measurements. 1. Residential Districts. In the RE, RL, RM, RH, and RC districts, the measured sides of the sight distance triangle must be no less than 30 feet in length, except as set out in A.3. below. 2. Nonresidential Districts. In the BC, CN, CC, BP, CA, CD, MU, ICS, IL, and IG districts, the measured sides of the sight distance triangle must be no less than 15 feet in length, except as set forth in A.3. below. 3. Where an alley or private drive intersect with a sidewalk or street, the measured sides of the sight distance triangle must be no less than 10 feet in length. B. Free of Obstructions. It is unlawful to construct, erect, place, grow, park, maintain, or allow to be constructed, erected, placed, grown, parked, or maintained, any structure, wall, sign, vegetation, or obstruction of any kind within the sight distance triangle, except: 1. Trees are allowed if their branches are pruned at the trunk to a height of at least 10 feet above the adjacent ground level, provided the number and arrangement of tree trunks do not significantly block vision across the area, and; 2. A support column is allowed if it is not over 12 inches in diameter. Figure Sight Distance Triangle Sec , Pedestrians and Bicycles A. Sidewalks. Sidewalks are required with street improvements in all subdivisions and on all building sites within the Manhattan Urban Service Area, as follows: 1. Standards. All sidewalks must be constructed to comply with the standards set out in Table , Complete Street Specifications, pertaining to the widths of the sidewalk and adjacent planting strip, setback from the property line, and location on one or both sides of the respective street type. 2. Continuity. Sidewalks on parcels proposed for development must connect to existing sidewalks on adjacent parcels and must provide for a continuous pedestrian and bicycle system throughout the development. Module No. 2 February 14, 2018 Page 24

25 3. Location within Right-of-Way. Sidewalks must be located within the dedicated non-pavement street right-of-way or within a companion easement (see Sec , Easements). 4. Path. Sidewalks may follow a path parallel to the street edge or may meander within the right-of-way to protect the root systems of mature trees, provided there is a minimum six-foot planting strip. 5. Construction. All sidewalks must be constructed to conform to the Design Criteria and Standard Specifications. 6. Alternate Circulation Plan. When lot sizes exceed 17,500 square feet or when topographic or other unique site conditions exist, the subdivider may submit an alternative pedestrian and bicycle circulation plan to the MUAPB for consideration. The alternative circulation system must be consistent with the general requirements for adequate and functional pedestrian and bicycle circulation, and connectivity to adjacent areas, and must demonstrate a well-documented need for an alternative approach. An alternative plan may be considered when the following conditions are met: a. The parcel proposed for development is located within the RE district in the City or outside of the City and within the Manhattan Urban Service Area; b. Better pedestrian access and connectivity is provided by off-street trails that connect to sidewalks on the perimeter of the development, as applicable; and c. Lot frontages are equal to or greater than 90 feet; or d. If greater than 60 percent of existing, developed lots in a subdivision do not have sidewalks and if there are no sidewalks within 200 feet of the parcel proposed for development. 7. Accessibility. All sidewalks must conform to the accessibility standards of the Americans' With Disabilities Act (ADA). C. Bicycle Lanes, Trails and Routes. 1. Bicycle Routes. In accordance with the Bicycle Master Plan and the Manhattan Area Transportation Strategy (MATS), as applicable, planned bicycle routes must be designated on all site plans and plats, and must be posted on local streets that are used as bicycle routes upon completion of the proposed development. 2. Bicycle Lanes. Bicycle lanes are required along new arterial and collector streets. All bicycle lanes must be posted and striped. 3. Trail Connectivity. Extensions to existing public trails must be provided as part of the sidewalk system or within common open space. 4. Required Connectivity. Bicycle lanes and routes must connect with existing or planned bicycle lanes or routes, linear trails, and sidewalks. D. Pedestrian and Bicycle Easements. See Sec , Easements. Sec , Easements A. Generally. During development approval, the applicable City or County Engineering Department may require the granting of easements on private property or lots. These easements may be for any of the following, or other approved, purposes: 1. Aerial; 2. Avigation; 3. Companion easements for sidewalks, trees, utilities, street lights, street signs, etc.; 4. Conservation; 5. Drainage; 6. Fire Department access; Module No. 2 February 14, 2018 Page 25

26 7. Pedestrian and bicycle access; and 8. Utilities. B. Encroachments and Removal of Encroachments. No permanent encroachment or structure may be located within any easement required by this Section. While the City, County, or utility benefiting from the easement will make efforts to minimize disturbances, all may remove any encroachment, structure, fence, landscaping, or other improvements placed upon or underground within such easements. The City, County, or utility are not obligated to restore or replace any such encroachment but must restore any disturbed ground surfaces with seeding. The City or County may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property. C. Maintenance. The responsibility for the regular maintenance of the ground surface in any easement rests with the owner of the property within which the easement exists. D. Easement Types. 1. Avigation Easements and Other Restrictions. Land located within the vicinity of established flight paths and noise impact areas of public-owned or controlled airports, as determined by the MUAPB, are required to grant a permanent avigation easement to the public as may be necessary to allow aircraft to operate within the "Navigable Airspace" as defined by the Federal Aviation Act of 1958, as amended. Consistent with FAA Regulations, the MUAPB may disapprove a plat or portion thereof, which could create a hazardous situation for air traffic and the general public resulting from development and construction of a project. (See Sec , Airport Overlay (O-A) District) 2. Companion Easements. Utility and other service easements may be placed along both sides of the street rightof-way, at widths determined by the affected utilities or services. Specific criteria for the application of companion easements include: a. Applicability. The use of companion easements must be determined at the platting stage, either in the Preliminary Plat or in a Replat for residential subdivisions; b. Location. Companion easements are parallel to the right-of-way with uniform widths, unless specified differently by the responsible City or County Engineer; and c. Use. Companion easements can be used for the placement of sidewalks or trails, trees, utilities, street lights, or street signs, etc.; 3. Conservation Easements. Conservation easements are allowed for the common open spaces of parcels proposed for development to protect and preserve existing site features, whether natural or man-made, that are on a local, state, or federal listing, such as, but not limited to: a. Historic sites or structures; b. Critical habitats of wildlife or rare and unusual plants; c. Wetlands and floodplains; d. Drainage courses; e. Large or valuable trees; f. Greenways or linear linkages within or across development; or g. Similar irreplaceable assets. 4. Drainage Easements. Whenever any stream or important surface drainage course is located in an area that is being subdivided, or is traversed by a water course, drainage way, channel or stream, a drainage easement must be provided. The subdivider must provide an adequate drainage easement along each side of the stream for the purpose of future widening, deepening, sloping, improving, maintaining, or protecting the stream; or for drainage, parkway, or recreational use. For areas within the City and the Urban Service Area, drainage easements must be provided as required by the City of Manhattan Stormwater Management Criteria and Standard Module No. 2 February 14, 2018 Page 26

27 Specifications. For areas within the Rural/Urban Fringe, drainage easements must be provided as required by the Riley County Storm Drainage Design Criteria for Platted Areas. 5. Fire Department Access Easement. The MUAPB, upon the recommendation of the responsible City or County Fire Department, may require an easement for access by firefighting apparatus in the following circumstances: a. Where appropriate street projections are not provided to urban-wildland interface areas adjacent to developing areas; or b. Where a cul-de-sac greater than 600 feet in length has been permitted; or c. Where a subdivision exists with only one access. 6. Pedestrian Access Easements. a. Cul-De-Sacs. On residential cul-de-sacs, pedestrian and bicycle access with a minimum five-foot surface width must be provided from the cul-de-sac end to existing and proposed sidewalks, linear trails, or bicycle lanes or routes that are located, or planned to be located, within two tiers of lots from the cul-de-sac (see Figure , Pedestrian Access Easement). b. Mid-Block Connections. Where a residential subdivision abuts an arterial or collector street, pedestrian access with a minimum five-foot surface width from the local street to the arterial or collector street must be provided every 600 feet. Where deemed appropriate, nonresidential (commercial and industrial) subdivisions must provide pedestrian access to arterial and collector streets. Figure Pedestrian Access Easement 7. Private Drives. Private drives may be allowed in accordance with Sec , Public Streets, Private Drives, and Alleys. 8. Utilities. a. Easements. Where necessary, utility easements must be provided across lots or centered on lot lines for which the minimum width must be 16 feet, or eight feet on either side of a lot line. b. Underground Installation. All poles, wires, and structures to supply electricity, communication services, and similar or associated services, for all sites and subdivisions within the Urban Service Area, must be installed underground, within designated utility easements, by the subdivider or utility company, except: 1. Poles used exclusively for street or area lighting or traffic control signals; 2. Radio, television, and wireless communication towers and antennas; 3. Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from existing overhead lines that are within a subdivision previously Module No. 2 February 14, 2018 Page 27

28 approved; provided, nothing in this Section will prevent the replacement of existing poles, overhead wires, and associated overhead structures on lines when necessary for the purpose of maintaining the line or upgrading the capacity; 4. Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from such existing overhead lines that serve properties adjacent to but not within areas being subdivided; 5. Subdivisions within the Manhattan Urban Area; 6. Electric distribution or transmission lines with capacities of 3,000 KVA or more; 7. Service terminals, transformers, regulators, or meters on above-ground facilities normally used with and as a part of an underground distribution system; 8. Structures on corner lots, in streets and alleys, and on adjacent easements in cases where electrical and communication wires cross a street or other area where overhead wires are not prohibited, may be connected to said overhead wires, and are excepted from the provisions of this UDO; 9. Existing overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building, or to an adjacent building without crossing a property line; 10. Any communication line, which would otherwise be required by this Section to be underground that uses an overhead pole or structure exempted by this Section; and 11. Underground installation of wiring or electrical power, telephone, and cable television are not be required in floodplains, drainage easements, major drainage ways, or other areas where there is frequently standing water. c. Utility Boxes and Pedestals. Utility boxes, pedestals, and other utility facilities and equipment must be located outside of other easements, e.g., pedestrian easements, and located so as not to obstruct vehicular, pedestrian, or bicyclist views at intersections. d. Upgrades. Where above-ground utilities must be upgraded to serve development, redevelopment, or substantial improvement of development, they must be relocated underground along the boundaries of the parcel proposed for development. e. Flood Damage Prevention. Public utilities and facilities such as sewer, gas, electrical, and water systems must be located and constructed to minimize potential damage to the utilities and facilities, and to other buildings and structures that may be affected by their failure, in the event of a flood. f. Arrangements. The subdivider must make the necessary arrangements for the installation of underground facilities, including circuits for streetlights that may be required. Such arrangements must be made with each of the companies or persons supplying electrical and communications service in accordance with the established charges of such company or person. Letters from each of such companies or persons, indicating that said arrangements have been made, must be submitted to the applicable City of County Planning Department at the time that application is made for a Final Plat. g. Temporary Allowance. The responsible City or County Department may grant special permission of the above underground installation requirements in cases where temporary electrical power or communication service is reasonably required for emergencies or for building construction purposes, or for other temporary purposes, to erect, construct, install, or maintain poles, wires, and other overhead structures for a period not to exceed 120 calendar days. However, in the event the purpose for which the temporary exception cannot be completed within the period allowed, then upon written request to the responsible City or County Public Works Department, the time may be extended an additional temporary period or periods necessary to allow completion of such construction. h. Waiver. The subdivider may request a waiver from the above underground installation requirements if physical conditions of the land, or economic conditions associated with the nature of the subdivision make Module No. 2 February 14, 2018 Page 28

29 underground installation infeasible. Such request must be accompanied by a report from the responsible public utility stating the per linear foot cost differential between the average cost for installation of underground utilities and the estimated cost at the subdivision. The MUAPB will review the request and approve or deny the waiver. Sec , Open Space A. Design and Location of Common Open Spaces. 1. Generally. Recreation and resource protection areas and other accessible open spaces must be integrated into development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the development. Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management compared to a condition of more open access. 2. Preservation of Existing Tree Stands or Trees of Significance. Development must be designed so that existing stands of native trees or trees of significance are highly visible or ecologically important locations are preserved and located in designated open spaces whenever practicable. 3. Greenways. Open space must be designed to provide greenways along drainage corridors and within the riparian areas along rivers and streams. Where consistent with maintenance of drainage facilities, landscaping around water bodies or along channels must be designed to enhance stormwater quality, ecosystems, and habitats. 4. Urban Open Spaces. In the RC, CA, CD, and MU districts, open spaces must be formalized as a park, square, green, or plaza, designed to provide areas for public gathering within development. B. Continuity. The value of open space is maximized by connecting open spaces within and across developments to establish continuous greenways, particularly along linear features such as drainage courses and streams. The standards of design include: 1. Interconnectivity. During the layout and design of a subdivision, the subdivider must seek to provide for interconnectivity within the development, including open space linkages or connections by way of pedestrian and bicycle improvements; 2. System-Wide Connections. Open space set-asides within development should tie into the City's and Counties' adopted plans, including, but not limited to, the Manhattan Area 2035 Comprehensive Plan, Bicycle Master Plan, and Comprehensive Parks and Recreation Master Plan, as well as the Vision 2025 Comprehensive Plan for Riley County, Manhattan Area Transportation Strategy, Big Blue and Kansas Rivers and Wildcat Creek Floodplain Management Plans, and Pottawatomie County Development Plan 2020, each as amended; and 3. Gap Improvements. The layout and design of sites and subdivisions should provide for pedestrian, bicycle lanes and routes, and trail and greenway connections to fill the gaps in the non-motorized transportation system for the Manhattan Urban Area. Module No. 2 February 14, 2018 Page 29

30 Figure Pedestrian System Continuity D. Open Space. 1. Designation. All boundaries of open space, whether for resource protection or other purposes, must be identified as tracts on a site plan with specific identification. Open spaces that are delineated in order to protect natural resources or to be otherwise left in a natural state must have their boundaries with lots or rights-of-way identified with signs, which locations must be approved with the subdivision plat or site plan. 2. Securely Held. The minimum required open space must not be developed or redeveloped once established, unless recommended by the MUAPB and approved by the responsible Governing Body. 3. Responsible Parties. Common open space must be placed in an easement, and may be owned in the following ways: a. Dedication to the City or County, provided the responsible Governing Body will have the final decision to accept and the right to refuse such offers of dedication; b. Through a special district formed through state statute; c. A duly recorded covenant of easement whereby the City or County is a party to the easement, as authorized by motion of the responsible Governing Body; d. A duly recorded conservation easement that is: 1. Platted and recorded as a portion of and along the rear lot line of fee simple lots to preserve significant resource features, e.g., ravines, woodlands, and water bodies, as native landscape provided: a. That portion of the lot outside of the easement meets the minimum lot area requirement of the respective district; and b. The conservation easement may be credited up to 75 percent of the minimum open space requirement; or 2. Dedicated to a pre-approved private, non-profit organization, (e.g., Kansas Land Trust) that is capable of managing the open space in perpetuity; or Module No. 2 February 14, 2018 Page 30

31 e. Held in common by a homeowners', condominium, or property owners' association, with an easement dedicated to all property owners within the association. 4. Maintenance. Under any arrangement, the easement must require the maintenance of such areas as indicated on the approved plat or site plan. The responsible Governing Body has the right under such easement to maintain the area and place a lien on the property, or a homeowners', condominium, or property owners' association to recover its costs. Figure Conservation Easement Sec , Storm Drainage A. Generally. The developer must provide improvements necessary to adequately handle stormwater from the development in the form of storm or flood water runoff channels, basins, and/or drainage systems. Improvements should have a goal to minimize the volume of runoff generated through protection of open space, reducing paved/impermeable areas, and minimizing disturbances to the existing soils. Drainage designs will be based on a watershed approach which may include offsite runoff contributions. Where applicable, site and subdivision designs must consider stormwater runoff flowing to/from adjoining properties. B. Stormwater Management, Construction, and Material Specifications. All designs shall be completed in accordance with the City of Manhattan s Stormwater Management Criteria as well as the locally adopted technical requirements and the City of Manhattan s Standard Drawings and Specifications. C. Drainage Design and Studies for Development Areas. The developer shall reasonably consider the impacts of adjoining drainage patterns, will make use of existing drainage studies, and will utilize a watershed approach when developing preliminary drainage designs. The areas which contribute to the proposed stormwater system will be based on the topographic conditions of the site/region. Drainage designs may require analyzing areas which lie outside of the boundary of the property being developed. Adequate designs will address upstream contributions, downstream impacts, and will manage the pre-development versus post-development impacts of the development area in accordance with the City of Manhattan s Stormwater Management Criteria, as well as the locally-adopted technical requirements and the City of Manhattan s Standard Drawings and Specifications. Module No. 2 February 14, 2018 Page 31

32 D. Design Objectives. Site layout and design considerations should incorporate the following concepts and be planned such that they: 1. Manage stormwater runoff to meet the locally adopted technical requirements 2. Provide lot layouts which support a high percentage of permeable areas; 3. Protect (or improve) existing soil conditions; 4. Retain natural areas and emphasize permeable landscapes; 5. Maximize connected green spaces and disconnect paved areas; 6. Provide buffers along riparian and drainage areas; and 7. Utilize multiple design elements to provide a series of permeable features ( treatment train ) prior to concentrating runoff or entry into a piped system. E. Storm System Design Considerations. 1. Open Drainage Systems. Drainage designs which use open channel systems should be planned such that they: a. Meet the requirements outlined in the adopted technical requirements; b. Utilize existing natural topography, minimize negative impacts on existing natural site features, and minimize alterations that are not intended to stabilize existing natural channels; c. Create an amenity that is incorporated into the overall site design and considered in coordination with proposed landscaping plans; and d. Appear natural in character, even if stabilized for erosion control, such as: 1. Existing natural channels. These should be considered in the drainage plan, utilized where possible, and should be an amenity in the site design; 2. Small swales for local drainage. These may be developed as an open landscaped feature, emphasizing turf reinforcement or natural solutions to protect the channel, and stabilized with native grasses and indigenous plants while also meeting locally adopted technical requirements; 3. Large swales and improved channels. These may be retained in a drainage system when stabilization is accounted for in the design. Designs should be developed in a manner that emphasizes turf reinforcement or natural solutions to protect the channel, and minimize the use of grouted/impermeable features, while also meeting locally adopted technical requirements; and 4. The use of elements should favor treatments that appear more natural in the context of the Flint Hills region. 2. Underground Systems. Underground drainage systems should be planned such that they: a. Meet the locally adopted technical requirements; and b. Where feasible, are intended as a receiving structure, generally arranged where stormwater runoff enters the underground system after passing through an upstream treatment train. 3. Detention Basins. Underground drainage systems should be planned such that they: a. Storm water detention basins should be designed to meet the City of Manhattan s Stormwater Management Criteria as well as the locally adopted technical requirements and the City of Manhattan s Standard Drawings and Specifications; b. Basins visible to the public shall be incorporated into the design as an amenity or focal point in the site design; Module No. 2 February 14, 2018 Page 32

33 c. Stormwater basins shall be placed in a location which has permanent easement to the right of way, sufficient in size and grades which allow access for large vehicles and maintenance activity; and d. Detention or retention basins and ponds shall be landscaped around the perimeter, which should include native grasses, overstory and understory trees, evergreen trees, shrubbery, or other live planting materials, provided the landscaping does not adversely impact the integrity of the basin, while still providing access. F. Lot Level Stormwater Improvements. Lot level stormwater features provide a benefit to the overall stormwater system by reducing the rate and volume of stormwater runoff which reaches the public stormwater system. These features also help to reduce point source pollutants and ultimately protects the regional stormwater quality. When completing lot level designs, the developer shall reasonably consider the benefits provided by lot level stormwater features provide and these design elements should be planned such that: 1. These features can naturally retain as much storm water within the lot as is feasible; 2. These features provide an aesthetic benefit which takes advantage of the natural landscape; 3. These features are placed to provide benefits in locations where stormwater is concentrated (adjoining driveways and downspouts where possible); 4. These features are sited to take advantage of low-lying areas and are coupled with a landscaping amenity when possible; and 5. Lot level design features may be required to meet locally adopted standards or receive the approval of the local Zoning Administrator. G. Connectivity of Storm Improvements. The developer shall reasonably consider the impacts of adjoining drainage patterns and provide a reasonable level of connectivity between neighboring properties. 1. Where a public storm sewer is accessible, the developer shall install storm sewer facilities connecting to such systems; and 2. All public storm sewer systems shall be extended to the subdivision or development property limits. H. Storm Drainage Plan Required. 1. Within the City and Urban Service Area. a. Urban Service Area. For all subdivision plats proposed within the City and Urban Service Area, the subdivider must submit a storm drainage plan that conforms with the requirements and criteria of the Stormwater Management Master Plan (SWMMP), unless such submittal is waived by the responsible City or County Engineer, pursuant to Sec , Concept and Preliminary Plats. b. Manhattan Urban Area. For all plats proposed within the Rural/Urban Fringe of the Manhattan Urban Area, the subdivider must submit a storm drainage plan that conforms with the Riley County Storm Drainage Design Criteria for Platted Areas, unless such submittal is waived by the responsible County Engineer, pursuant to Sec , Concept and Preliminary Plats. The storm drainage plan must contain such information as may be required by the City or County Engineer, and will be reviewed and approved by the City or County Engineer. 2. Within the City or Urban Service Area. For subdivisions proposed within the City or the Urban Service Area, all storm drainage improvements must be designed according to the requirements and criteria of the most current version of the City's Stormwater Management Criteria.. Module No. 2 February 14, 2018 Page 33

34 Sec , Water and Sewer Facilities A. System Improvements. 1. Development in the City. All subdivisions located either within the City limits, or in areas to be annexed by the City, must have water and sanitary sewer systems designed to the standards of the City Engineering and Fire Departments. 2. Development in the Urban Service Area. All subdivisions within the Urban Service Area, but not on City services, must design the water and sanitary sewer systems to comply with City Engineering standards and must also be designed in a manner so as to be compatible with City systems when such systems are extended to these subdivisions. Installation of such improvements will be inspected and approved by the City Engineering Department. 3. Development in the Rural/Urban Fringe of Manhattan Urban Area. All subdivisions within the Rural/Urban Fringe of the Manhattan Urban Area must design their water and sanitary sewer systems in accordance with County Engineering and Health Department standards. B. Construction and Material Specifications. Within the City limits, all water and sewer systems must conform to the specifications and standards set out in the City's Design Criteria and Standard Specifications. C. Water Supply and Fire Connection. 1. Generally. Water supply for new parcels proposed for development must be sufficient to provide for the development's potable water demand, irrigation needs, and fire protection needs. Water must be supplied using fire-rated lines that are acceptable to the City's Fire Department, and installed to the City's specifications, or acceptable to Riley County Fire District #1, as applicable. 2. Capacity. Applicants for approval of new development, or changes to existing development that the Zoning Administrator finds are likely to involve additional water or sewer demand, must provide a technical capacity analysis and study by a Professional Engineer to certify to the City or County Engineer that adequate capacity is available to serve the proposed development. 3. Fire Hydrants. Fire hydrants must be provided to the specifications of the most recently adopted Fire Code(s) and spaced according to the requirement of the Fire Marshall, or as set out in the City's Design Criteria and Standard Specifications. D. Sanitary Sewer. 1. Generally. Sanitary sewer service for new parcels proposed for development must be sufficient to provide for the development's demand for such service. Sanitary sewer lines must be installed to the applicable specifications of the City or County. 2. Capacity. Applicants for development approval of new development, or changes to existing development that the Zoning Administrator finds are likely to involve additional sanitary sewer demand, must submit certification from the responsible City or County Engineer that capacity is available to serve the proposed development. Sec , Development Phasing A. Generally. A parcel proposed for development may be developed in phases, which each phase separately platted. In such cases, the applicant must submit a phasing plan with the first application for preliminary plat approval. The phasing plan must demonstrate compliance with this UDO by showing: 1. The general arrangements of streets, blocks, and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval; 2. The general location of drainage facilities; Module No. 2 February 14, 2018 Page 34

35 3. The general location of protected natural resources and open spaces and how they will fulfill the minimum open space requirements; and 4. The general location of proposed uses and housing types and how they will fulfill the maximum density requirements. B. Consistency with Phasing Plan. In considering each subsequent phase shown on the phasing plan, the MUAPB may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include, but are not limited to, temporary alley and street extensions, temporary cul-de-sacs, and off-site utility extensions. In addition, the design and construction of public utilities, including stormwater infrastructure, may be required to meet future drainage conditions, as shown on the phasing plan. Sec , Standards for Benchmarks, Monuments, and Markers A. Benchmarks. 1. NGS Datum. All elevations shown on plats must be based on National Geodetic Survey (NGS) datum; and 2. Plat Notation. The permanent benchmark location and description that is used to extend datum to the project must be noted on the Preliminary Plat and Final Plat. B. Monuments. All subdivision of land must be monumented prior to recording a plat submitted for recording after the effective date of this UDO, in accordance with state statute. 1. Specifications. Monuments at the main controlling corners of each unit of a subdivision must consist of an iron bar at least one-half inch in diameter, three feet long, and be encased in concrete. Variations to the three foot length may be allowed based on subsurface conditions; 2. Required Markings. All lot corners and control points for horizontal curves within the subdivision must be marked with an iron bar at least one-half inch in diameter at least two feet long; and 3. Identifications. Identification plaques indicating lot numbers must be placed at each lot corner along the front of the lot, and the appropriate sign posts must be no less than four feet above ground. C. U.S. Government Corners. Whenever a survey originates from a United States public land survey corner or any related accessory, the land surveyor will file a copy of the completed survey and references to the corner or accessory with the Department of Archives, Kansas State Historical Society, and with the County Surveyor. Such survey must be filed within 30 days of the date the references are made. 1. Required Restoration. Any altered, removed, damaged or destroyed corner must be restored; and 2. Restoration Report. Whenever such a corner or any related accessory is restored, reestablished or replaced due to construction activities, a restoration report must be filed with the Department of Archives, Kansas State Historical Society as specified in Kansas Statutes. D. Existing Markers. At any time during construction of a subdivision, if a stone marker should be found, a Kansas Licensed Professional Surveyor will place an iron disc next to the stone to facilitate the location of the stone in the future. Module No. 2 February 14, 2018 Page 35

36 Division DESIGN CRITERIA AND STANDARD SPECIFICATIONS Sec , Purpose and Applicability The Design Criteria and Standard Specifications govern the design and construction of public infrastructure within the City Limits. These documents are intended to cover the majority of the types of construction encountered within the City and are meant to augment existing laws and regulations passed by the state and federal bodies of government. It is the responsibility of the contractor, architect, and engineer to use judgment to determine if a project requires further analysis by a licensed design professional. Effective on: 12/17/2017 Sec , Design Criteria Incorporated To implement this UDO, the City hereby incorporates by reference the provisions of the Design Criteria and Standard Specifications published by City Engineer. The criteria and specifications apply to any development proposal that is wholly or partially within the City of Manhattan. Division IMPROVEMENT AGREEMENTS AND SURETY Sec , Construction and Financing A. Generally. All public improvements necessary to serve a subdivision, such as, but not limited to, streets, sidewalks, storm sewers, utilities, drainage improvements, etc., must be constructed, and financed, pursuant to the policies, rules, regulations, and laws of the responsible Governing Body, and also pursuant to this UDO, where applicable. B. Benefit District. The responsible Governing Body may include part, or all, of any subdivision within a benefit district to finance the construction of public improvements necessary to serve such subdivision, whether or not such improvements are located within, or without, such subdivision. The responsible Governing Body will comply with all applicable rules, regulations, ordinances and statutes in the creation of such benefit district. Sec , Public Improvement Agreement A. Agreement Required. Where this UDO requires that a proposed development include public improvements to serve the development or land on which development is to occur, a public improvements agreement may be required. B. Determination. The Zoning Administrator will determine whether the dedication, acquisition, relocation, installation, or construction of public improvements will be required for a particular development or property based on the standards of the responsible Governing Body. C. Contents of Agreement. If the provision of public improvements is required, the Applicant (and landowner, if different) must enter into a public improvement agreement, with terms approved by the Zoning Administrator, set out in a form approved by the responsible City or County Attorney, and executed by the City Manager or County Counselor, or designee. 1. Terms. The public improvement agreement will identify the public improvements that are required to be constructed, and will provide assurances that the improvements will be constructed to the established standards in a timely manner and subject to applicable warranty periods. 2. Costs. The anticipated costs of the public improvements must be identified by the developer and submitted to the responsible Engineer. The cost estimates must be acceptable to the responsible Engineer prior to the developer's submittal of the financial security. Module No. 2 February 14, 2018 Page 36

37 3. Responsible Parties. The parties who are responsible for construction of each improvement must be identified. 4. Phasing. The public improvement agreement may provide that the installation, construction, or reconstruction of public improvements be completed in phases. Any phase of development approved through the public improvement agreement must be an integrated, self-contained project consisting of all public improvements necessary to serve the portion of property to be developed as part of such phase. The responsible Governing Body may impose reasonable conditions on the phasing of development in order to preserve the integrity of the development or the public health, safety, and welfare of the community and adjacent properties. Such conditions may include the completion of public sidewalks along existing streets during the first phase of development. 5. Security. a. A public improvement agreement requires the Applicant to provide financial security for the required public improvements in accordance with the provisions of the public improvement agreement, and in an amount and form sufficient to adequately insure timely completion of the public improvements in accordance with the standards. b. The proposed security must be sufficient in the judgment of the responsible Engineer to provide for the construction and installation of all required improvements as listed on the proposed improvements agreement. c. Financial security must be provided prior to and as a condition of the issuance of a permit to commence development (prior to final plat approval in the case of subdivision, prior to building permit issuance in the case of site plan approval, or prior to excavation permit issuance in the case of requests for new utility service or repair of existing public improvements or utilities). d. The types of security which may be proposed for guaranteeing the required improvements are as follows: 1. Performance or property bond; 2. Private or public escrow agreement; 3. Letter(s) of credit; 4. Assignments of receivables; 5. Deposits of certified funds or other similar surety agreements; or 6. Combinations of the above. e. Any security furnished must not expire for a specified period of time after the date of the public improvements agreement. D. Release of Security. As improvements are completed, the developer may apply to the responsible Engineer for a release of part or all of the guarantee, subject to inspection and approval of those improvements. Sec , Covenant, Conditions, and Restrictions A. Required Homeowners', Condominium, or Property Owner's Association. 1. Required Property Owner's Association. Any subdivision or development for which compliance with the standards of this UDO or with conditions of approval requires a continuing obligation (e.g., to own and maintain common open space) is subject to a mandatory association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures such continuing compliance. 2. Incorporation. If required by this UDO, or required as a condition of approval, the applicant must incorporate an association that will bear responsibility for ensuring continuing compliance with this UDO and conditions of approval. Module No. 2 February 14, 2018 Page 37

38 B. Required Covenants, Conditions, and Restrictions (CCRs). 1. Required. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title must be included in a declaration of CCRs for the property that must be recorded in the public records in the chain of title for the property at the applicant's expense. 2. Limited Waiver. Developments that are approved under unified ownership and control are not required to have CCRs, provided that a single property owner is responsible for the ongoing compliance of the parcel proposed for development with the requirements of this UDO and any conditions of approval. However, a development that is approved under unified ownership and control must not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities, or individual residential lots) until required CCRs are recorded and have been accepted by the responsible Governing Body. 3. Timing. The applicant must provide proposed CCRs to the responsible Governing Body: a. Upon filing the application for plat approval; or b. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require CCRs are contingent upon approval of the CCR document by the responsible Zoning Administrator). 4. Plat Annotations. Where a plat is required, the CCRs must be referenced on the plat. If the plat is recorded prior to the CCRs being recording, the plat must contain a note that the parcel proposed for development is subject to CCRs. C. Limited Review of Incorporation Documents and CCRs. The responsible Governing Body will approve only those CCRs that relate to the development approval, and its right of enforcement extends only to those matters and matters that substantially bear upon them. The responsible Governing Body will not seek to intervene in purely private disputes about CCRs. The responsible Attorney will review the incorporation documents and CCRs to ensure that the provisions are included in a form that is acceptable. D. Maintenance of Association Property. 1. Generally. The responsible Governing Body may (but is under no obligation to) provide any maintenance for any item that is otherwise required to be maintained by the homeowners' condominium, or property owners' association as provided herein. 2. Maintenance Charges to Association. The covenants, conditions, and restrictions (CCRs) must include a provision that authorizes the responsible Governing Body to: a. Notify the association through its designated agent, or if the designated agent is unknown, through notice to individual owners of record, that property within its control requires maintenance to meet the standards of this UDO or the conditions of approval of the development or subdivision; b. After not less than 10 business days following notice to the association, perform (or cause to be performed) the required maintenance without liability to the association or individual owners; and c. Charge the association for the maintenance, or to charge individual lot owners (pro rata according to their share of obligations for dues) for the costs of the maintenance, including an administrative charge. 3. Policy Regarding Maintenance Charges. If the responsible Governing Body provides notice pursuant to CCRs that incorporate the above requirements, then the responsible Governing Body will allow the association to perform the required maintenance if: a. The association or lot owner(s) provides sufficient written assurances that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the responsible Engineer; b. The responsible Governing Body is paid its administrative costs for sending the notice; and c. The required maintenance is performed. Module No. 2 February 14, 2018 Page 38

39 Article 35-6 ENVIRONMENTAL STANDARDS Division VI.1. FLOOD DAMAGE PREVENTION Sec , Statutory Authorization A. Approval of Draft Ordinance by Kansas Chief Engineer Prior to Adoption. The following floodplain management regulations, as written, were approved in draft form by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on the effective date of this UDO. B. Kansas Statutory Authorization. The Legislature of the State of Kansas has delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Sec , Finding of Fact A. Flood Losses Resulting from Periodic Inundation. The special flood hazard areas of Manhattan, Kansas, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety, and general welfare. B. General Causes of the Flood Losses. These flood losses are caused by: 1. Cumulative Effect. The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and 2. Occupancy. The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. C. Methods Used To Analyze Flood Hazards. 1. Establishment of Flood Hazard Areas. The Federal Emergency Management Administration (FEMA) and Community Special Flood Hazard Areas are those identified in the effective Flood Insurance Study (FIS) for Riley County and Pottawatomie County, dated March 16, 2015, and its accompanying Flood Insurance Rate Maps (FIRM), and local or FEMA approved revisions to the FIRM and/or FIS, such as FEMA approved Letter of Map Revisions, which are adopted by reference and declared to be a part of this Article. 2. Preliminary and Effective Maps and Studies. In areas where a Preliminary FIRM and Preliminary FIS exist, Community Base Flood Elevations shown on the Preliminary FIRM and Preliminary FIS is used for local regulatory purposes, if they are higher than those shown on the effective FIRM and FIS. 3. Initial FIRMs. The initial FIRMs are as follows for the jurisdictional areas at the initial date: a. City of Manhattan dated April 1, 1982; b. Riley County Unincorporated Areas dated October 1, 1981; and c. Pottawatomie County Unincorporated Areas dated February 17, Standard Engineering Method. The FIS is the basis of this Article and uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps. a. Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. b. Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood; Module No. 2 February 14, 2018 Page 39

40 c. Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point; d. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height; and e. Delineation of floodway fringe; i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. 5. Base Flood Selection. The base flood selected for this Article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this Article. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated March 16, 2015 as amended, and any future revisions thereto. Sec , Purpose It is the purpose of this Article to promote the public health, safety, and general welfare and to minimize flood losses resulting from periodic inundation of the base flood by applying provisions designed to: A. Dangerous Uses. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or cause undue increases in flood heights or velocities. B. Vulnerable Uses. Require that uses vulnerable to floods, including public facilities, which serve such uses, be provided with flood protection at the time of initial construction. C. Individual Protection. Protect individuals from buying or leasing lands which are unsuited for intended purposes because of flood hazard. D. Minimize Rescue Efforts. Minimize the need for rescue and relief efforts associated with flooding, generally undertaken at the expense of the general public. E. Maintain Eligibility for Insurance. Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program (NFIP). Sec , Applicability A. Official Floodplain Map Contents. The Official Floodplain Map consists of the FEMA flood model and the community flood model and the following map and study: a. The Flood Insurance Rate Map (FIRM) for Riley County, Kansas; Pottawatomie County, Kansas; and Incorporated Areas, consisting of the Map Panels listed on Map Index Sheet dated March 16, 2015; and b. The Federal Emergency Management Agency (FEMA) Flood Insurance Study for Riley County, Kansas; Pottawatomie County, Kansas; and Incorporated Areas, dated March 16, 2015; and c. The Official Floodplain Map will also consist of all modifications or changes by FEMA to the above documents. B. Official Floodplain Map Jurisdiction. The Official Floodplain Map applies to all land within the jurisdiction of the City of Manhattan subject to the base flood. Module No. 2 February 14, 2018 Page 40

41 Sec , Establishment of Floodplain Overlay Districts A. Floodplain Overlay Districts. The Official Floodplain Map will be applied as two overlay districts for the purposes set forth in Sec , Purposes. Such districts are established below. 1. Floodway Overlay (FW) District. The FW District boundaries are identified on the FIRM as the FEMA Floodway and must be consistent with those boundaries. 2. Floodway Fringe Overlay (FF) District. The FF District boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (FUTURE CONDITIONS 1% ANNUAL FLOOD HAZARD) and must be consistent with those boundaries. B. Rules for Interpretation of District Boundaries. The boundaries of the FW and FF Districts will be determined by scaling distances on the Official Zoning Map and on the Flood Insurance Rate Map (FIRM). Where interpretation is needed as to the exact location of the boundaries of the districts as shown on the Official Zoning Map or FIRM, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator will make the necessary interpretations. The base flood elevation for the point in question will be the governing factor in locating the district boundary on the land. Any person contesting the location of the district boundary will be given a reasonable opportunity to present his or her case to FEMA for an official map amendment or map revision of the floodplain boundary. C. Compliance. No development located within a FW or FF District may be located, extended, converted, or structurally altered without full compliance with the terms of this Article. D. Abrogation. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Sec , Public Hearings Required In the event FEMA, the Kansas Department of Agriculture, or any other regulatory agency having jurisdiction over matters covered by this Article requires the City to conduct a public hearing related to such matters, and the method by which such public hearing is to be conducted is not prescribed by such agency or elsewhere in this UDO, such method will be as follows: A. Mailed Notice. Written notice of such hearing will be mailed at least 20 days before the hearing to all affected property owners. The Floodplain Administrator may require any applicant to provide the City with a list of the names and addresses of all affected property owners. B. Published Notice. Notice of such hearing will be published once in the official City newspaper at least 20 days prior to the hearing. C. Local Review. The Floodplain Administrator may request the MUAPB to review the matter prior to the public hearing if the public hearing is to be conducted by the City Commission. Sec , Use of Other Flood Data A. Other Sources. When base flood elevation data has not been provided in accordance with the Flood Insurance Rate Map, the Floodplain Administrator will obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources as criteria for requiring that new construction, substantial improvements, or other development complies with the requirements of this Article. B. Cumulative Effect. If a floodway has not been designated, no development, including sanitary landfills, may be permitted within the Floodplain, unless it is demonstrated by the developer that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, as shown in the Future Module No. 2 February 14, 2018 Page 41

42 Land Use Map of the Comprehensive Plan, other area planning studies or approved development plans, will not increase the base flood elevation by more than one foot on the average cross section of the reach in which the development is located as shown on the Flood Insurance Study. C. Alteration by Use of Other Data. Any use of data required in this Section which would alter the location of the Floodplain, FW District, or FF District is subject to the additional requirements of Section (E). Sec , Warning and Disclaimer of Liability A. Degree of Protection. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. B. Larger Floods and Flood Height Increases. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. C. Disclaimer. These regulations do not imply that areas outside the FW and FF district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This Article will not create liability on the part of the City or any of its officers or employees for any flood damages that may result from reliance on this Article or any lawful administrative decision made under the authority of this UDO. Division VI.2. FLOOD HAZARD REDUCTION Sec , Development in Community Special Flood Hazard Area A. Floodplain Administrator Review Required. The Floodplain Administrator will review any development application established in Article 35-9, Permits and Procedures, for property located in the Community Special Flood Hazard Area. B. Review Criteria. The Floodplain Administrator will review a development application described above to assure that: 1. Minimize Flood Damage. All such proposals are consistent with the need to minimize flood damage within the flood-prone area; 2. Utilities. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and, 3. Drainage. Adequate drainage easements are provided to reduce exposure to flood hazards. C. Base Flood Elevation Data. The applicant must provide base flood elevation data with the submittal. Such data must be clearly indicated and is subject to the requirements of Sec , Public Hearings Required, where applicable. D. Subdivision Requirement. If a subdivision proposal or other proposed new development is in the Community Special Flood Hazard Area, any such proposals will be reviewed to assure that: 1. Damage in Flood-Prone Areas. All such proposals are consistent with the need to minimize flood damage within the flood-prone area; 2. Damage to Utilities and Facilities. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; 3. Drainage Easements. Adequate drainage easements are provided to reduce exposure to flood hazards; and 4. Base flood elevation data is provided by the applicant for subdivision proposals and other proposed development, which must be clearly indicated on the subdivision plat and subject to the requirements of Sec , Public Hearings Required, where applicable. Module No. 2 February 14, 2018 Page 42

43 Sec , Standards for Floodplain Development A. Applicability. No body enumerated in Article 35-8, Administrative Bodies, may approve a development associated with an application established in Article 35-9, Permits and Procedures, for property located in the Community Special Flood Hazard Area (CSFHA), unless the development complies with the standards of this Section. B. Standards. 1. Flotation, Collapse or Lateral Movement. The structure must have design or anchorage features to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy. 2. Water and Sewer. New or replacement water supply systems and/or sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into such systems and discharges from such systems into flood waters. 3. On-Site Waste Disposal. On-site waste disposal systems must be located so as to avoid impairment or contamination. 4. Flood-Resistant Materials. The structure must be constructed with flood-resistant materials, utilizing methods and practices that minimize flood damages to a level at least one-foot above the Flood Protection Elevation. 5. Mechanical Equipment. Mechanical equipment including, but not limited to, electrical, heating, ventilation, plumbing, and air conditioning must be designed and/or located to prevent water from entering or accumulating within the components during flooding. 6. Engineer Certification. Until a floodway has been designated, no development, including fill, may be permitted within any numbered or unnumbered Zones A or AE on the FIRM, unless the applicant has demonstrated, through the certification of a licensed professional engineer, that the proposed development, when combined with all other existing and reasonably anticipated developments, will not increase the water surface elevation of the 100-year flood more than one foot on the average cross section of the reach in which the development is located as shown on the Flood Insurance Rate Study. 7. Storage of Material and Equipment. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited, unless the storage of material and equipment is not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 8. Landfills. Notwithstanding any provision of this Article, sanitary landfills are prohibited in any floodplain regulated by this Article. 9. Dryland Access. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except in developments where the Floodplain Administrator determines that existing street elevations, as of February 3, 2015, make Contiguous Dryland Access impractical. Sec , Floodway Overlay District (FW) A. Permitted Uses. The following uses are permitted by-right in the FW district: 1. Agricultural uses; 2. Nursery or garden center; 3. Forestry; 4. Wild crop harvesting; 5. Off-street parking and loading and airport landing strips; 6. Private and public outdoor recreation and amusement uses; 7. Accessory residential uses such as lawns, gardens, parking and play areas, but not including structures; and 8. Utility uses and public rights-of-way. Module No. 2 February 14, 2018 Page 43

44 B. Prohibited Uses. Land uses not meeting the development standards of this Division and those of the underlying zoning districts are prohibited. C. Base Zoning District. No use listed above may be permitted in this district unless it is also permitted in the underlying zoning district. C. Use Limitations. 1. Engineer Certification. Any development associated with an application established in Article 35-9, Permits and Procedures, for property located in the FW district will be prohibited unless the applicant has demonstrated, through the certification by a licensed professional engineer, that encroachments will not result in any increase in the base flood elevation. 2. Deposited Fill. Any fill or other material proposed to be deposited in the floodway must not impede the hydraulic capacity of the floodway or increase the velocity of any potential flood. The amount of deposited fill must be the minimum necessary to achieve the intended purpose and must be protected against erosion by rip-rap, vegetative cover, or bulk-heading. 3. Storage of Material and Equipment. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. D. Structural Standards. The following standards apply to a structure associated with a use permitted in Subsection A, above. 1. Human Habitation. Structures are not designed for human habitation. 2. Flood Damage Potential. Structures have a low flood damage potential. 3. Orientation. Whenever permitted and possible, as determined by the Floodplain Administrator, structures must be constructed with the longitudinal axis parallel to the direction of flood flow. 4. Flood Flow Lines. Whenever permitted and practicable, as determined by the Floodplain Administrator, structures must be placed approximately on the same flood flow lines as those of adjoining structures. 5. Flotation. Structures must be firmly anchored to prevent flotation, which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river. 6. Mechanical Equipment. Mechanical equipment including, but not limited to, electrical, heating, ventilation, plumbing, and air conditioning must be constructed at or above the Flood Protection Elevation or must be floodproofed. Sec , Floodway Fringe Overlay District (FF) A. Permitted Uses. Any use permitted by-right in the underlying zoning district is permitted by-right in the FF district. B. Prohibited Uses. Land uses not meeting the development standards of this Division and those of the underlying zoning districts are prohibited. C. Conditional Uses. Any conditional use allowed in the underlying zoning district is allowed as a conditional use in the FF district. D. Use Limitations. In all Community and FEMA Special Flood Hazard Areas where Community and FEMA Base Flood Elevation data have been provided, as set forth in Sec , Findings of Fact, the following standards apply: 1. Residential Construction. New residential construction must have the lowest floor elevated above the Flood Protection Elevation. Substantial improvement, repair of substantial damages or other improvements, or additions to any existing residential structure must comply with Sec , Floodway Fringe Improvements and Additions. 2. Manufactured Homes. New construction, substantial improvements, or repair of substantial damages for all manufactured homes must comply with Sec , Manufactured Homes. Module No. 2 February 14, 2018 Page 44

45 3. Nonresidential Construction. New nonresidential construction must have the lowest floor elevated above the Flood Protection Elevation. In lieu of elevation, the structure may be flood-proofed, provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A licensed professional engineer or architect must certify that the structure complies with the standards of this Section. Substantial improvement, repair of substantial damages, or other improvements or additions to any existing nonresidential structure must comply with Sec , Floodway Fringe Improvements and Additions. 4. Mechanical Equipment. Mechanical equipment including, but not limited to, electrical, heating, ventilation, plumbing, and air conditioning, must be constructed at or above the Flood Protection Elevation for the particular area. In lieu of elevation, the equipment may be flood-proofed. Sec , Floodway Fringe (FF) Improvements and Additions A. No Change to External Footprint. Improvements to the existing structure that do not alter or affect the external footprint of the structure are permitted as follows. 1. Non-substantial Improvements. Non-substantial improvements to existing residential or nonresidential structures must: a. Be designed to minimize flood damage; b. Be constructed of flood-resistant materials; and, c. Not consist of any new enclosed area lower than that of the existing structure. 2. Substantial Residential Improvements. The lowest floor of a substantial improvement must be elevated above the Flood Protection Elevation. 3. Substantial Nonresidential Improvements. The lowest floor of a substantial improvement must be elevated above the Flood Protection Elevation. In lieu of elevation, the structure may be flood-proofed, provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A licensed professional engineer or architect must certify that the improvements comply with the standards of this Section. B. Change to External Footprint. Additions or improvements to the existing structure that alter or affect the external footprint of the structure are permitted, as follows: 1. Non-Substantial Improvement. The lowest enclosed floor of a residential improvement must be elevated above the Flood Protection Elevation. 2. Substantial Improvement. All improvements must include elevating the lowest floor of the structure above the Flood Protection Elevation. 3. Addition With Internal Access. The lowest floor of an addition to the existing structure where only a standard door (no greater than 36 inches wide and 80 inches tall) is provided in the common wall between the existing structure and the addition and/or improvement must be elevated above the Flood Protection Elevation. 4. Customary Maintenance. For the purposes of this Division, customary maintenance and/or repair will not be considered additions and/or improvements. 5. Community Base Flood Elevation Exemption to Existing Buildings. Substantial improvement or substantial damage to existing buildings having the lowest enclosed floor located at least one foot above the FEMA Base Flood Elevation, but less than the Flood Protection Elevation, are exempt from the requirement to elevate the lowest enclosed floor to or above the Flood Protection Elevation, subject to the property owner signing and recording an Affidavit of Floodplain Construction Below Community Base Flood Elevation ( Affidavit ) with the Module No. 2 February 14, 2018 Page 45

46 deed for the property, in a form approved by the City Attorney, with the County Register of Deeds Office, prior to the issuance of a building permit. The signed Affidavit must acknowledge that the property owner elected to proceed with the renovation/rehabilitation, and was made aware of the Community Base Flood Elevations and that in the future there may be: a. Potential for flood losses; b. Potential for mandatory purchase of flood insurance; c. Potential for FEMA substantial improvement rules to apply; and d. No local funds available for flood mitigation assistance (buyouts, elevation, etc.). Table Floodway Fringe Improvement / Addition Standards Type of Improvement No Change to External Footprint Change to External Footprint Table Notes: Non-Substantial Improvements Substantial Improvements Non-Substantial Improvements Substantial Improvements Existing Residential Structure All Improvements must be designed to minimize flood damage, be constructed of flood-resistant materials and will not consist of any new enclosed area lower than that of the existing structure The lowest floor of the building addition/improvement must be elevated above the Flood Protection Elevation The lowest enclosed floor of the improvement must be elevated above the Flood Protection Elevation Improvements must include elevating the lowest floor of the structure above the Flood Protection Elevation Existing Nonresidential Structure Same as residential Same as residential 1 Same as residential 1 Same as residential 1 1. In lieu of elevation, the nonresidential structure may be flood-proofed provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A licensed professional engineer or architect must certify that the improvements comply with the standards of this Section. Sec , Elevated Buildings A. General. All new construction, substantial improvements, or repair of substantial damages with fully enclosed areas below the lowest enclosed floor that are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting the standards in this Section must be certified by a licensed professional engineer or architect and must meet or exceed the following standards. 1. No Human Habitation. Enclosed areas may not be designed or used for human habitation and may only be used for parking of vehicles, building access, or limited storage. 2. Dimensions of Openings. A minimum of two openings may be provided having a minimum total net area of one square inch for every square foot of enclosed area subject to flooding. 3. Height of Openings. The bottom of all openings must be no higher than one foot above grade. 4. Opening Attachments. Openings may be equipped with screens, louvers, or other devices provided that they permit the automatic entry or exit of floodwaters. 5. Placement of Openings. Openings must be on different sides of the enclosed area, if possible. Module No. 2 February 14, 2018 Page 46

47 B. Enclosed Space Restrictive Covenant. For enclosed spaces that are six feet or higher, an Enclosed Space Restrictive Covenant must be completed on a form approved by the City Attorney and filed with the County Register of Deeds Office prior to the issuance of a building permit. The Covenant must declare that the property owner will comply with the requirements of this Section. Sec , Manufactured Homes A. Anchoring. All manufactured homes must be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes and/or FEMA guidelines, and approved by the City. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) must be met: 1. Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring only one additional tie per side; 2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side; 3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and 4. Any additions to manufactured homes be similarly anchored. B. Approved Plan. Prior to the installation of a manufactured home within the Community Special Flood Hazard Area on the Community s FIRM, a plan for all anchoring, over-the-top frame ties to ground anchor and foundation plans must be submitted to, and approved by, the Floodplain Administrator, City Engineer, and Building Official. Plans must be designed and certified by a registered professional engineer that is licensed in the State of Kansas, or a registered professional architect that is licensed in the State of Kansas. The plans must be designed to take into account the specific flood characteristics of the site on which the manufactured home will be placed. C. Overlay District Construction Standards. All manufactured homes to be placed within the Community Special Flood Hazard Area on the Community s FIRM must be securely anchored to an adequately anchored foundation system and constructed in accordance with the provisions of Sec , Floodway Fringe Overlay District, when located: 1. Outside of a manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. In an expansion to an existing manufactured home park or subdivision; or 4. On a site in an existing park where a manufactured home has incurred substantial damage. D. Alternative Construction Standards. All manufactured homes to be placed within the Community Special Flood Hazard Area on the Community s FIRM must be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 10-5C)(6)(a) and (b) and shall either be constructed according to Section (C)(1), or shall be elevated on a permanent foundation in accordance with Section (C)(6)(b), and so that the lowest enclosed floor is at least Flood Protection Elevation when located as certified by a licensed land surveyor or professional engineer. 1. (1) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage. E. Elevation. All manufactured homes that are not subject to the provisions of Sec , Floodway Fringe Overlay District, and to be placed or substantially improved on sites in an existing manufactured home park or subdivision within the Community Special Flood Hazard Area on the community s FIRM must be elevated so that either: Module No. 2 February 14, 2018 Page 47

48 1. The lowest floor of the manufactured home is at least one foot above the Flood Protection Elevation, as certified by a licensed land surveyor or professional engineer, and in accordance with the provisions of Sec , Floodway Fringe Overlay District; or, 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Sec , Floodway Fringe Overlay District. Sec , Critical Facilities. Critical facilities and accessory uses in all Community Special Flood Hazard Areas must be a minimum of two feet above the 0.2% annual chance flood elevation and that elevation must be used as the basis for access (ingress-egress). Where needed, access to the critical facilities will be from dry-land. Sec , Areas of Shallow Flooding A. AO and AH Zones. Located within the areas of special flood hazard as described in Sec , Applicability, are areas designated as AO and AH zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply: 1. AO Zones. a. Residential Structures. All new construction and substantial improvements of residential structures, including manufactured homes, must have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). b. Commercial, Industrial, or Nonresidential Structures. All new construction and substantial improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, must have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely flood-proofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Drainage Paths. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures. 2. AH Zones. a. Special Flood Hazard Standards. The specific standards for all areas of special flood hazard where base flood elevation has been provided are required as set forth in Sec , Standards for Floodplain Development. b. Drainage Paths. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures. Module No. 2 February 14, 2018 Page 48

49 Sec , Recreational Vehicles Recreational vehicles placed on sites within the FEMA Special Flood Hazard Area, on the community s FIRM must: Be on the site for fewer than 180 consecutive days; or Be fully licensed and ready for highway use, which is defined as the vehicle being on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or Meet the requirements of this Article for permitting, elevation, and anchoring. Sec , Compensatory Storage A. No Increase in Flood Elevation. Any development, including fill, new construction, substantial improvement, or other encroachment within the Community Special Flood Hazard Area may not result in an increase in the FEMA One Percent Annual Chance Flood elevation that is greater than one-tenth of a foot, unless compensatory storage is provided. The rise of the flood elevation must be documented and certified by a registered professional engineer. Compensatory storage must meet the following requirements: 1. Developments in a Riverine Regulatory Floodplain: Hydraulically equivalent compensatory storage must be at least equal to 1.2 times the volume of floodplain storage lost or displaced. 2. Developments in a Non-Riverine Community Special Flood Hazard Area: Hydraulically equivalent compensatory storage must be at least equal to the volume of floodplain storage lost or displaced. 3. Displacement and Replacement. The floodplain storage displaced below the existing 10-year storm flood elevation must be replaced below the existing 10-year storm flood elevation. B. Exemptions. 1. Less than One Acre Disturbance. New development or redevelopment projects that disturb less than one acre are exempt from Subsection A, except that new development or redevelopment projects that are less than one acre, but is part of a larger common plan of development or sale will not be exempt from the regulations of this Section. 2. Top Dressing. Top dressing of not more than four inches of topsoil within the FEMA Special Flood Hazard Area on private property may be permitted to stabilize existing erosion control problems, establish vegetative cover, minor post-construction best management practice structures, or to restore the grade of an existing development following a documented flood event. a. Top dressing will be permitted on a per-parcel basis and not impact adjoining property drainage patterns. b. Top dressing must comply with all soil erosion and sedimentation requirements (Code of Ordinance Sec ). c. Repeat top dressing application for restoring the grade following a documented flood event must be limited to documented flood events with topographic or photographic evidence of erosion. d. Top dressing to restore the grade following a flood event must be limited to the pre-erosion elevation within the FEMA Special Flood Hazard Area. e. Upon approval from the Floodplain Administrator, compensatory storage may not be required. f. This provision is not applicable for new developments. 3. Negligible Impact Projects. Minor public or private utility projects, such as street resurfacing and rehabilitation, certain utility infrastructure and accessories (e.g. hydrants, poles, manholes and underground pipes), bridge/culvert rehabilitation projects, landscaping, stream rehabilitation, and minor water quality features are Module No. 2 February 14, 2018 Page 49

50 deemed negligible impacts and are not required to provide compensatory storage, unless specifically required by the Director of Public Works or his/her designee. Article SITE DEVELOPMENT Division PARKING AND LOADING Sec , Purpose and Applicability A. Purpose. The purposes of this Division are to: 1. Balance Needs. Right-size parking supply by balancing parking spaces to minimize congestion and traffic circulation issues, while insuring the supply, location, and design of parking spaces is consistent with community character, the Comprehensive Plan, and non-vehicular modes of travel (such as walking, biking, and transit); 2. Appropriate Size. Avoid large expanses of parking that interrupt pedestrian movements and drive up development cost. 3. Warrant. Base the amount of required parking on factors such as residential density, employment, land-use mixtures, transit accessibility, walkability, and demographics (e.g., senior or student-oriented housing); 4. Efficiency. Provide for an efficient use of parking by providing for shared parking between uses with complementary parking demands, counting on-street and public spaces toward the required parking, and encouraging the unbundling of parking costs from rents; 5. Placement. Distribute parking areas into smaller modules to the rear or side of buildings, and provide pedestrian connections with generous sidewalk widths, low-level lighting, and outdoor gathering spaces, or into more compact spaces by using parking structures; 6. Infill and Redevelopment. Structure the parking requirements to support infill and redevelopment; 7. Adequacy. Provide adequate parking for land use categories and zoning districts that warrant such parking, such as mixed use centers and larger shopping areas; 8. ADA Concerns. Insure that adequate spaces are available for disabled persons, based on Americans with Disabilities Act (ADA) standards; and 9. Sustainability. Provide for adequate parking for bicycles and electric or hybrid vehicles to implement the multimodal transportation and sustainability policies of the Manhattan Urban Area Comprehensive Plan and Manhattan Area Transportation Strategy. B. Applicability. 1. Minimum Parking and Loading Spaces. The construction of any structure, the use or occupancy of a structure or land, or the design of a structure or land for use or occupancy requires the minimum off-street parking and loading spaces required by this Division. 2. When Required. Off-street parking is required for: a. The construction of any structure; b. The establishment of any use in a structure or on land; or c. The added area or capacity of an existing structure or use when it is expanded or enlarged. C. Maximum Parking Spaces. The number of parking spaces for any structure or use constructed or established after the effective date of this UDO may not exceed the number of spaces allowed by this Division. This requirement does not apply to any shared parking spaces (see Sec , Shared Parking) or parking spaces that are reserved or available to the structure or use. Module No. 2 February 14, 2018 Page 50

51 Sec , Computations A. Generally. Sec , Off-Street Parking, sets out the number of parking spaces that are required for each land use listed in Division , District Standards and Land Uses. The number of parking spaces is based on one or more independent variables, which are measured as provided in this Section. B. Independent Variables. The independent variables for parking calculations are measured as follows: 1. Per Square Foot. The phrase "per sf" means that the number of parking spaces is calculated based on the square feet of gross floor area devoted to the use, excluding areas devoted to storage, hallways, stairwells, elevators, bathrooms, or mechanical rooms. 2. Per Dwelling Unit or per Bedroom. The phrase "per dwelling unit" means that the number of parking spaces is calculated based on the number of dwelling units in the principal and accessory dwelling unit, as applicable. In some cases, the parking requirements are based on the number of bedrooms (per "#" BR unit) in the dwelling unit(s). 3. Per Bed. The phrase "per bed" means that the number of parking spaces is based on the number of beds in the facility instead of the number of bedrooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms. 4. Per Employee. The phrase "per employee" means that the number of parking spaces is based on the number of full-time and part-time equivalent employees on the work shift when the maximum number of employees are present. 5. Per Seat / Per Seat Design Capacity. The phrase "per seat" means that the number of parking spaces is based on the number of seats that are provided to guests (patrons, members, etc.). "Per seat design capacity" means that the number of parking spaces is based on the maximum seating capacity of the use as determined by the applicable building and fire codes. 6. Per Person Design Capacity. The phrase "per person design capacity" means that the number of parking spaces is based on the maximum number of people who may occupy the use pursuant to the applicable fire code. 7. Others. Other independent variables are measured according to their common meanings. C. Rounding. When the calculation of required parking spaces results in a fractional parking space, in all cases, the result is rounded up to the nearest whole number. D. Parking Reductions. Generally, the total number of required parking spaces is equal to the sum of the required parking for each use of a parcel proposed for development. However, parking requirements may be reduced according to the methodology of Sec , Shared Parking, and the provisions of Sec , Parking Credits and Reductions, sets out the order of the reductions if shared parking and parking credits are both used. Sec , Off-Street Parking A. Applicability. 1. This Section applies to all uses and structures in all zoning districts, except as provided below. 2. This Section does not apply to the Aggieville (CA) or Downtown (CD) districts, except for business establishments over 15,000 square feet. B. Minimum and Maximum Spaces. Off-street parking spaces must be provided for the uses listed in Table , Required and Maximum Parking, below. The uses must provide the minimum number of off-street parking spaces, and parking spaces may not exceed the maximum number of spaces. Module No. 2 February 14, 2018 Page 51

52 Table Required and Maximum Parking Land Use Minimum Parking Spaces Maximum Parking Spaces See Sec , Computations Single Family Attached Duplex 2 per dwelling unit 4 per dwelling unit Townhome 1 per dwelling unit 4 per dwelling unit Twin Home 1 per dwelling unit 4 per dwelling unit Single Family Detached Patio Home 1 per dwelling unit -- Manufactured Home 2 per dwelling unit 2 per dwelling unit Residential Design Manufactured Home 1 per dwelling unit -- Single-Family Dwelling 2 per dwelling unit -- Tiny Home 1 per dwelling unit 2 per dwelling unit Multiple-Family Apartment (maximum four bedroom) 2 per dwelling unit 4 per dwelling unit Multiplex 1 per bedroom 1.5 per bedroom Mixed-Use Live-Work 1 per dwelling unit 2 per dwelling unit Residential / Commercial Mixed-Use Building 1 per dwelling unit + 1 per 1,000 sf. of nonresidential space 2 per dwelling unit + 1 per 250 sf. of nonresidential space Mid-Rise 0.75 per bedroom 3 per dwelling unit Commercial Use of the Home Adult Care Home 1 per 400 sf. 1 per 250 sf. Adult Family Home 1 per 400 sf. 1 per 250 sf. Bed and Breakfast Home 2 off-street per guest room 2 off-street + 1 per guest room Dormitory, Fraternity, or Sorority Greater of 1 per occupant for the first 10 occupants, or spaces equal to 50% of the 1 per occupant total occupants Day Care Home 2 per dwelling unit + 1 for drop-off / pick-up 4 per dwelling unit Group Day Care Center 1 per 400 sf. 1 per 250 sf. Group Home 2 per dwelling unit -- May not exceed maximum established for Home Business No additional parking required the dwelling unit Accessory Uses Accessory Dwelling Unit (ADU) 1 per dwelling unit 4 per principal dwelling unit Health and Fitness Club - Accessory - Freestanding - No additional parking required - 1 per 700 sf. - 1 per 700 sf. - 1 per 400 sf. May not exceed maximum established for Home Occupation No additional parking required the dwelling unit Public Utilities Small Shed Nonresidential Land Use Minimum Parking Spaces Maximum Parking Spaces Automobile and Heavy Equipment Uses Automobile Parts and Accessories 1 per 500 sf. 1 per 300 sf Module No. 2 February 14, 2018 Page 52

53 Table Required and Maximum Parking Land Use Minimum Parking Spaces Maximum Parking Spaces Automobile and Vehicle Wash Automobile Repair, Light Automobile Repair, Heavy Automobile and Other Vehicle Sales, Rental, and Service Equipment and Heavy Vehicle Sales, Rental and Service Gas Station Home Improvement Center 1 per 500 sf. including service bays, wash tunnels, and retail areas 1 per 500 sf. including service bays and retail areas 1 per 500 sf. including service bays and retail areas 1 per 300 sf. including service bays, wash tunnels, and retail areas 1 per 300 sf. including service bays and retail areas 1 per 300 sf. including service bays and retail areas 1 per 500 sf. of sales and service building(s) 1 per 300 sf. of sales and service building(s) 1 per 500 sf. of sales and service building(s) 1 per 300 sf. of sales and service building(s) 1 per 500 sf. including service bays, wash tunnels, and retail areas 1 per 400 sf. of sales and service building(s) 1 per 300 sf. including service bays, wash tunnels, and retail areas 1.5 per 250 sf. of sales and service building(s) Manufactured Home and Recreational 1 per 500 sf. of sales and service building(s) Vehicle Sales 1 per 300 sf. of sales and service building(s) Parking Garage or Lot, Independent Retail, Heavy 1 per 500 sf. of sales and service building 1 per 300. sf of sales and service building Hospitality Uses Adult Business 1 per 200 sf. 1 per 150 sf. Alcoholic Beverage, Off-Site Consumption 1 per 350 sf. 1 per 200 sf. Alcoholic Beverage, On-Site Consumption 1 per 100 sf. 1 per 75 sf. Bed and Breakfast Inn Hotel or Motel 2 off-street per guest room + 1 per 3 persons (based on maximum design occupancy) for accessory meeting space and catered functions 0.8 per room + 1 per 800 sf. of public meeting area and restaurant space Restaurant, Brew Pub 1 per 2 seats 1 per 1.5 seats Restaurant, Dine-In 1 per 100 sf. 1 per 50 sf. Restaurant, Drive-Through 1 per 120 sf. 1 per 80 sf. Office and Professional Uses Bank or Credit Union With Drive- Through 1 per 450 sf. for the portion of building used by the bank or credit union and 1 per 300 sf. of office lease space 2 off-street + 1 per guest room + 1 per 1 person (based on maximum design occupancy) for accessory meeting space and catered functions 1 per room + 1 per 400 sf. of public meeting area and restaurant space 1 per 200 sf. for the portion of building used by the bank or credit union and 1 per 300 sf. of office lease space Government Office 1 per 300 sf. 1 per 150 sf. Hospital 1 per 400 sf. 1 per 100 sf. Medical Clinics, Offices, Labs, Urgent Care Centers 1 per 400 sf. 1 per 180 sf. Office, General 1 per 300 sf. 1 per 140 sf. Research Facility or Laboratory 1 per 1,000 sf. 1 per 200 sf. Land Use Minimum Parking Spaces Maximum Parking Spaces Retail and Service Uses Adult Day Care 1 per 375 sf. 1 per 250 sf. Module No. 2 February 14, 2018 Page 53

54 Table Required and Maximum Parking Land Use Minimum Parking Spaces Maximum Parking Spaces Animal Boarding, Grooming, Hospital, Kennel or Shelter 1 per 300 sf. 1 per 200 sf. GFA Animal Veterinary Services, Small Animal 1 per employee -- Child Care Facility 1 per 375 sf. 1 per 250 sf. Commercial and Residential Mixed- Use Building See Sec , Shared Parking Convenience Store, Without Gas 1 per 150 sf. 1 per 100 sf. Department Store 1 per 500 sf. 1 per 150 sf. Drug Store 1 per 300 sf. 1 per 200 sf. Dry Cleaning Establishment 1 per 300 sf. 1 per 200 sf. Grocery Store 1 per 300 sf. 1 per 150 sf. Hardware Store 1 per 500 sf. 1 per 200 sf. Home Furnishings, Appliances, and Electronics 1 per 1,000 sf. 1 per 500 sf. Nursery or Garden Center 1 per 300 sf. 1 per 200 sf. Personal Services 1 per 300 sf. 1 per 200 sf. Retail or Resale, General 1 per 300 sf. 1 per 150 sf. Studio or Gallery, Arts, Portrait, or Recording 1 per 300 sf. 1 per 200 sf. Industrial Uses 25% above parking spaces resulting from shared parking analysis Agricultural Product Sales and Service 1 per 500 sf. 1 per 200 sf. Construction Services 1 per 1,500 sf. 1 per 300 sf. Food and Materials Processing 1 per 1,500 sf. 1 per 300 sf. Grain Elevator 1 per 1,500 sf. 1 per 300 sf. Greenhouse or Nursery, Wholesale 1 per 1,500 sf. 1 per 300 sf. Manufacturing and Fabrication 1 per 1,500 sf. 1 per 300 sf. Product Assembly 1 per 1,500 sf. 1 per 300 sf. 1 per employee + 1 per 10,000 sf. of salvage Salvage Yard area -- Storage, Bulk 1 per 1,500 sf. 1 per 350 sf. Storage, Hazardous Materials/Substances 1 per 1,500 sf. 1 per 350 sf. Storage, Indoor 1 per 1,500 sf. 1 per 350 sf. Storage, Outdoor 1 per 1,500 sf. 1 per 350 sf. Truck Stop See Sec , Special Studies. Veterinary Clinic, Large Animal 1 per employee -- Warehousing and Distribution 1 per 2,000 sf. -- Land Use Minimum Parking Spaces Maximum Parking Spaces Institutional and Utility Uses Assisted Living or Nursing or Congregate Care 0.3 per bed + 1 per employee 1 per bed + 1 per employee Cemetery or Columbarium College, University, or Vocational School See Sec , Special Studies. Module No. 2 February 14, 2018 Page 54

55 Table Required and Maximum Parking Land Use Minimum Parking Spaces Maximum Parking Spaces Community Center 1 per 700 sf. 1 per 300 sf. Cultural Facility 1 per 1,000 sf. 1 per 1,500 sf. Electric Substation 1 per substation 2 per substation Funeral Home, Crematory, or Mortuary 1 per 4 seats 1 per 2 seats Library 1 per 1,000 sf. 1 per 300 sf. Parking Lot or Garage Place of Assembly 1 per 4 seats 1 per 1.5 seats Post Office 1 per 500 sf. + 1 per employee 1 per 300 sf. Power Plant 1 per employee -- Private Club 1 per 100 sf. 1 per 75 sf. Protective Care 1 per employee + 1 per service vehicle -- Public or Private School - Primary and Intermediate - Secondary - Trade or commercial Public Safety Facility (Police/Fire/EMS) - 1 per employee - 1 per employee + 1 per five students - 1 per employee + 1 per three students 1 per 500 sf. -- Social Service, Nonprofit 1 per 500 sf. -- Utility Lift Station Water/Sewer Treatment Plant 1 per employee -- Wireless Telecommunication Facility 1 per employee -- Wireless Telecommunication Tower Recreation and Amusement Uses Amphitheater or Outdoor Performance Venue Arena, Stadium, or Arts Theater, Indoor 1 per 6 seats or 1 per 30 sf if no permanent seats 1 per 6 seats 1 per 4 seats Module No. 2 February 14, 2018 Page per 4 seats or 1 per 50 sf if no permanent seats Campground 1 per campsite -- Commercial Amusement, Indoor 1.5 per 700 sf. 1 per 100 sf. Commercial Amusement, Outdoor 1 per 1,000 sf outdoor recreation area 1 per 500 sf outdoor recreation area Driving Range, Independent 1 per 6 seats or 1 per 30 sf. if no permanent seats 1 per 4 seats or 1 per 50 sf. if no permanent seats Golf Course -- 9 per hole Health and Fitness Club 1 per 400 sf. 1 per 150 sf Park and Playground Shooting or Archery Range, Indoor 1 per 6 seats or 1 per 30 sf. if no permanent 1 per 4 seats or 1 per 50 sf. if no permanent seats seats Land Use Minimum Parking Spaces Maximum Parking Spaces Special Uses Airport See Sec , Special Studies. Batch Plant, Permanent 1 per 1,500 sf. 1 per 300 sf. Broadcast Studio 1 per 300 sf. 1 per 200 sf. Bus or Taxi Depot See Sec , Special Studies. Extraction See Sec , Special Studies.

56 Table Required and Maximum Parking Land Use Minimum Parking Spaces Maximum Parking Spaces Heliport / Helistop See Sec , Special Studies. Landfill 1 per employee -- Recycling Collection and Processing 1 per employee -- Waste Transfer Station 1 per employee -- Accessory Uses Automobile Wash Farmstand / Farmers' Market 1 per 2,000 sf. sales area -- Garden Center Storage Building Miscellaneous Unlisted uses not assigned to a listed use Unlisted retail uses not assigned to a listed use Planned Development Districts (PD) Determined by Zoning Administrator based on closest equivalent use 1 per 300 sf. 1 per 200 sf. Determined as condition of rezoning C. Compact Spaces. 1. Dedication. At least 10 percent and up to 30 percent of parking spaces must be designed for use by cars smaller than full-size (called compact spaces ). 2. Location. Compact spaces must be located in continuous areas, and may not be mixed with spaces designed for full-size cars. 3. Markings. Compact spaces must be clearly designed by pavement marking and labeled as Compact Cars Only. 4. Dimensions. Stall dimensions for compact spaces are reduced to 8 feet wide and 16 feet in length (8 x 16 ). D. Parking for Special Uses and Districts. 1. Established Neighborhood (O-EN) District. See Sec , Established Neighborhood (EN) Design. 2. High-Density Residential (RH) District. See Sec , High-Density Residential (RH) Design. 3. Tiny Home Village. See Sec , Tiny Home Design. No less than two parking spaces are required per unit within a village. One parking space must be adjacent to the home, with the second required parking space either being adjacent to the home or in a common parking area that is no greater than 200 feet from the nearest point of the units for which the parking is provided. (See Sec , Tiny Home Design) 4. Residential Core (RC) Zoning District. See Sec , Residential Core (RC) Design. 5. Aggieville. See Sec , Aggieville. 6. Gateway and Eureka Valley. See Sec , Gateway (O-GC) and Eureka Valley (O-EV) Corridor Overlay Design Standards. 7. Mixed-Use (MU) District. See Sec , Mixed-Use. E. Parking Structure Design Standards. Standards for the design of parking structures may be found in Sec , Residential Core (RC) Design; Sec , Aggieville; and Sec , Mixed-Use. Module No. 2 February 14, 2018 Page 56

57 Sec , Bicycle Parking A. Spaces Required. 1. Minimum Required. Except for residential uses in the Residential Core (RC) district and all uses in the Downtown (CD) and Aggieville (CA) districts, bicycle spaces must be provided at a minimum rate of 10 percent of the number of the minimum required vehicle spaces. Any addition or enlargement of an existing building or use or any change of occupancy or operation that increases the number of required vehicle parking spaces above the existing spaces on an existing site requires a proportional increase in bicycle parking. 2. Storage. Bicycle spaces include outdoor bicycle storage racks or bicycle parking rooms. 3. Term. Bicycle parking may be short- or long-term in nature. B. Design. The following standards apply to required outdoor bicycle parking in all districts. 1. Obstructions Prohibited. Bicycle parking may not create any obstruction to public walkways, bus stops, and/or entrances and exits to buildings. 2. Location. Bicycle racks or lockers must be located within 50 feet of a building entrance. 3. Visibility. The spaces may not be located behind any wall, shrubbery, or other visual obstruction lying between the principal building and the bicycle spaces. 4. Mounting. Required bicycle parking must be set in concrete or flange mounted on concrete, and located at least 24-inches from a parallel wall and 30-inches from a perpendicular wall as measured to the closest bicycle rack. 5. Dimensions and Signs. Bicycle spaces must be at least two feet in width and six feet in length and must be identified with Manual on Uniform Traffic Control Devices (MUTCD) compliant signs advising persons of the location. 6. Spacing. Where each parallel bicycle rack is spaced at least 30-inches apart, the racks are counted as providing two bicycle parking spaces (one on each side of the rack) if there is at least four feet between each bicycle space where arranged in linear fashion. 7. Rack Design. The recommended bicycle rack design is an inverted U. However, the Zoning Administrator may approve other bicycle security devices if they provide for: a. Supporting the bicycle frame at two locations (not just a wheel); b. Allowing both the frame and at least one wheel to be locked to the rack (without requiring that the lock be placed near the bicycle chain); c. Allowing the use of either a cable or "U-type" lock; and C. Residential Core (RC) District Bicycle Parking Requirements. 1. Minimum Required. Bicycle spaces must be provided at a minimum rate of one space for every two bedrooms for a residential use. a. Enclosed Bicycle Parking. 80 percent of all required residential bicycle parking spaces (racks) must be housed in a bicycle parking room(s) located in a clearly designated area designed to conveniently serve multiple residential units. b. Accessory Use Bicycle Parking. In addition to residential bicycle parking, a minimum of two bicycle parking spaces per accessory use establishment, plus one additional bicycle parking space for every 2,000 square feet of accessory use floor area above 1,000 square feet is required. 2. Bicycle Parking Room Design Standards. a. Access and Layout. Module No. 2 February 14, 2018 Page 57

58 1. Bicycle parking rooms must be located on the ground floor, or sub-grade floors if accessible by elevator, and have direct access to common areas of the residential buildings and/or direct paved access to a public sidewalk. 2. Bicycle parking rooms must utilize single-level, stacked, and/or wall-mounted bicycle racks or combinations of such facilities, that are specifically designed and arranged so that each bicycle parking space has adequate space on each side and convenient access to a corridor and an entrance when the parking facility is full. b. Design. Single-level bicycle racks must be an inverted-u style or a variation of such style. Sec , Off-Street Loading A. Generally. Truck loading facilities may be required by the MUAAPB in the Industrial/Commercial Services (ICS), General Industrial (IG), and Community Commercial (CC) districts. B. Design. See Sec , Design, Use, and Maintenance. C. Types and Location. 1. Dimensions. There are two sizes of off-street truck loading spaces designated "large" and "small, with the dimensions shown in Table , Loading Space Types. 2. Exemptions. The minimum dimensions of Table , Loading Space Types, do not count any access or maneuvering area, platforms, and other appurtenances. Table Loading Space Types Dimension Large Space Small Space Overhead Clearance (minimum) 14 feet 10 feet Width (minimum) 12 feet 8 feet Length (minimum) 50 feet 20 feet B. Guidelines. As guidelines for the MUAPB to determine the appropriate number of truck loading spaces, set out in Table , Guidelines for Determining Loading Space Requirements, is a recommended number of loading spaces per square feet of gross floor area. Table Guidelines for Determining Loading Space Requirements Square Feet of Gross Floor Area Recommended Number of Spaces 0 up to and including 12,500 sf. 1 (small) 12,501 sf. up to and including 25,000 sf. 2 (small) 25,001 sf. up to and including 40,000 sf. 1 (large) 40,001 sf. up to and including 100,000 sf. 2 (large) For each additional 80,000 sf. over 100,000 sf. 1 (large) Module No. 2 February 14, 2018 Page 58

59 Sec , Design, Use, and Maintenance A. Parking Area Design 1. Approval. No parking lot may be constructed until the property owner submits the layout and design to the Zoning Administrator, who determines that it complies with these regulations. All documentation necessary for the approval of the design must be submitted to the Community Development Department. 2. Use. a. Generally. Required off-street parking facilities provided for the uses listed in Table , Required and Maximum Parking, must be reserved for the parking of motor vehicles, in operating condition, of patrons, occupants, or employees of those uses. b. Vehicle Repair. No motor vehicle repair is permitted on any required off-street parking area. However, routine maintenance and service that is customarily performed by a vehicle owner, such as changing oil, plugs, or tires, is allowed only for the owner's vehicle(s) and on the property of the vehicle owner. 3. Configuration Standards. All off-street parking spaces and parking lots must comply with the minimum design standards established by the City Engineer and available in the Community Development Department. These minimum design standards include, but are not limited to, curb length, stall depth, driveway width, island width, barriers, and ingress and egress. These standards are established in the Parking Lot Configuration Standards (December 2004), hereinafter, Configuration Standards, which is incorporated by reference and made a part of this Division. 4. Access. Each required off-street parking space must open directly upon an aisle or driveway that complies with the Configuration Standards. 5. Surfacing. a. Paving. Except as set forth in Subsections b and c below, all off-street parking areas must be paved. b. Equipment and Service Vehicles. Areas used to store equipment or service vehicles used in connection with the operation of a business located on the premises, may be surfaced with gravel or grass that is maintained to eliminate blowing dust and erosion. c. Residential Uses. The parking areas (including all parking spaces, travelways, driveways, ingress and egress) of residential land uses required to have six or fewer parking spaces may consist of compacted gravel. However, parking areas must be paved between the greater of the front property line and the setback of the principal structure or 25 feet. 6. Drainage. Parking areas should be designed to promote efficient disposal of stormwater. All stormwater runoff flowing toward adjacent property must either flow into existing natural drainageways, guttering, storm drains, or drainageways constructed for that runoff. 7. Lighting. Any lighting used to illuminate off-street parking areas must comply with Division , Outdoor Lighting. 8. Location. a. Required Front Yard. No off-street parking space open to the sky may be located on any required front yard except as set forth in Subsection 8.b, Street-Facing Building Facade, and Subsection 9, Driveways, below. A front yard must not be accessible to motor vehicles, trailers, boats or large construction equipment except for the driveway area. The driveway is not credited toward off-street parking requirements except for residential structures containing no more than two dwelling units. Enclosed buildings and carports containing off-street parking are subject to the yard requirements of the applicable zoning district. b. Street-Facing Building Facade. For residential uses in residential districts there may be no parking spaces between the front lot line and any portion of a street-facing building façade. Provided, however, that parking is permitted on a driveway for residential structures containing no more than two dwelling units. Parking and driveways associated with property located in an Overlay District or a Planned Development (PD) Module No. 2 February 14, 2018 Page 59

60 Floating Zone must conform to the applicable driveway and parking standards established by the conditions attached to approval of those districts. c. Nonresidential Use in Residential District. For all nonresidential uses in residential districts, parking is not permitted in the required front yard and at least 75 percent of all the area in the required yard must be maintained as landscaped open space. d. Kansas State University (KSU) Home Football Games. To provide additional off-street parking to accommodate KSU home football games, the following rules supersede the requirements set out above: 9. Driveways. 1. Notice of issuance of the Administrative Order will be published once in the official city newspaper before it becomes effective; 2. A copy of the Order will be provided to the Director of the Riley County Police Department; 3. The Order will be filed with the City Clerk and the Zoning Administrator, and is open to public inspection; 4. An Order will identify the area where temporary parking is permitted, and is limited to days of KSU home football games; 5. The City Manager may modify, amend, or withdraw an Order by a subsequent Order; and 6. The City Manager, by Administrative Order, may designate areas within the City where temporary parking of motor vehicles is permitted within the required front yard, and the other restricted areas as described in Subsection 8.d.1, above (an Order ). a. Widths. 1. Maximum driveway widths for residential structures containing no more than two dwelling units are limited to the width designated in Table Maximum Driveway Widths, for that portion of the driveway located within the required front yard. These following driveway width requirements do not apply to the O-EN District. 2. Driveways may only exceed the maximum widths provided in the following table if at least 75 percent of the area located between the two lines described in Subsection 9.a.1, above, excluding the principal structure, is maintained as landscaped open space. Table Maximum Driveway Widths Structure Type Front-Loaded Attached Garage or Carport Single car Double car Three or more cars Other Garage Types Detached or Rear-Loaded Garage or Carport No Garage or Carport Side-Loaded Garage or Carport Between the front property line and the front façade of the garage or carport Starting behind the front façade of the house at a point that is closest to the driveway Maximum Driveway Width 24 feet 24 feet 36 feet 24 feet 24 feet 24 feet 40 feet (See Figure , Driveway Dimensions) Module No. 2 February 14, 2018 Page 60

61 Figure Driveway Dimensions Driveway Width for Side-Loaded Garage Front Yard Open Space Percentage b. Curb Cuts. Residential structures containing no more than one dwelling unit are limited to one curb cut per street frontage, except circle drives where two curb cuts are permitted on a single-family lot if: a. The minimum street frontage is 120 feet; and, b. At least 75 percent of the area located between the front lot line and any portion of a street-facing building facade is maintained as landscaped open space. (See Figure , Driveway Dimensions) B. Loading Space Design. 1. Applicability. This Subsection applies to all permitted or required off-street loading spaces or berths, as required in Sec , Off-Street Loading. 2. Use. a. A loading space or berth may not be used to satisfy the space requirements for any off-street parking. b. No motor vehicle repair work or service of any kind is permitted in conjunction with any off-street loading facilities. 3. Location. a. All loading spaces or berths must be located on the same lot as the use served. b. No loading space or berth may be located within 40 feet of the nearest point of intersection of any two streets or highways. c. No loading space or berth may be located in a required front yard, a sight distance triangle, or in a manner that results in partially or wholly obstructing an alley or other public right-of-way. 4. Access. Each required off-street loading space or berth must be designed with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement. Module No. 2 February 14, 2018 Page 61

62 5. Screening. All motor vehicle loading berths for the loading or unloading of materials which are abutting or adjacent to a residential use or district must be screened by sight obscuring screening of at least six feet and no more than eight feet in height. 6. Surfacing. All open off-street loading spaces or berths must be graded and paved or otherwise improved with an all-weather, dust-free material. C. Maintenance. The property owner must maintain all parking areas to conform with required standards. Sec , ADA Parking A. Generally. Parking spaces that are accessible to disabled persons ("accessible parking spaces") must be provided as set out in this Section. Such spaces will be counted toward the total number of spaces that are provided for compliance with Sec , Off-Street Parking, after applicable reductions pursuant to Sec , Parking Credits and Reductions, through Sec , Shared Parking. B. Number of Required Spaces. Accessible parking spaces must be provided as set out in Table , Number of Accessible Parking Spaces, or as required by the 2010 ADA Standards for Accessible Design, Section 208 (as may be amended or retitled from time to time), whichever requires more parking spaces for disabled persons. Number of Parking Spaces Required by this Article 1 Table Number of Accessible Parking Spaces Number of Accessible Spaces Number of Spaces that Must be Van Accessible 1 to to to to to to to to to out of 8 accessible parking 501 to 1,000 2% of total number of parking spaces spaces, rounded up 1,001 and over 20, plus 1 for each 100 parking spaces in excess of 1,000 parking spaces 1 out of 8 accessible parking spaces, rounded up TABLE NOTE: 1. This number includes all applicable reductions in the number of required off-street parking spaces. However, on-street parking spaces that are credited to a proposed use may be included in this number. C. Dimensional Standards for ADA Spaces. The minimum slopes of accessible ramps and minimum dimensions of parking spaces and accessible aisles must be as shown in Figure , ADA Parking Space Dimensions. Module No. 2 February 14, 2018 Page 62

63 Figure ADA Parking Space Dimensions Sec , Special Studies A. Generally. 1. Uses. Some of the uses that are listed in the table in Sec , Off-Street Parking, have nonlinear or widely varying parking demand characteristics. Accordingly, their parking requirements are listed as "special study." Required parking for these uses are established according to the standards of this Section. 2. Submittal, Credits, and Reductions. Special studies may also be submitted to support a request to reduce the number of required parking spaces to less than that set out in Sec , Off-Street Parking, due to the nature of the operations and/or location of a proposed use. The special study must include and support all requested reductions in parking. Further parking credits and reductions that are otherwise available pursuant to Sec , Parking Credits and Reductions, and Sec , Shared Parking, may not be applied when parking reductions are granted pursuant to this Section, unless the reductions are supported by the special study. B. Special Study Requirements. 1. Qualifications. A special study must be conducted by a qualified transportation planner or traffic engineer at the applicant's expense. The Zoning Administrator will develop and maintain a list of qualifications and / or certifications that are acceptable to the City for this purpose. 2. Analytical Requirements. The special study must provide: a. A peak parking analysis of at least five functionally comparable uses; and b. Documentation regarding the comparability of the referenced uses, including: name, function, location, gross floor area, parking availability, access to transportation network (including vehicular, bicycle, pedestrian, and transit), use restrictions, and other factors that could affect the parking demand. C. Abbreviated Special Study Requirements. The analytical requirements set out in Subsection B., above, may be reduced to two functionally comparable uses if: 1. The uses are located in the City or within five miles of its corporate limits; 2. The use has less than 5,000 square feet of gross floor area; or 3. The special study is used to justify a reduction in required parking and the requested reduction is 15 percent or less. Module No. 2 February 14, 2018 Page 63

64 D. Approval of Special Study. 1. Additional Information. The Zoning Administrator may rely upon the special study or may request additional information or analysis, including, but not limited to: alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles. 2. Land Banking. As a condition of approval of a special study, the Zoning Administrator may require that land be reserved or land-banked for additional parking if there is a demonstrably high probability the use could change, resulting in a higher demand for parking. Sec. VII.1-8, Parking Credits and Reductions A. Generally. This Section sets out ways to reduce the required number of off-street parking spaces set out in Sec , Off-Street Parking. If used in conjunction with shared parking (see Sec , Shared Parking), these reductions may be applied to one type of use to reduce the parking requirement for the use prior to calculating the shared parking reduction. The credits and reductions set out in this Section are not available to uses that base their parking on a special study, unless the special study's methodology specifically addresses these credits and reductions and determines that they are warranted and appropriate. B. On-Street Parking Credits. In approved mixed-use developments in the CA, CD, or MU districts that provide new onstreet parking along internal streets, on-street parking may be credited to particular uses in accordance with the formula: Parking Credit = (Sa x P), where: Sa = the area of the Applicant's parcel divided by the area of the mixed-use development; and P = the total parking that is available on-street in the mixed-use development. C. Replacement of Off-Street Parking Spaces with Bicycle Parking Spaces. A nonresidential development in any district may convert or substitute up to five percent of the required off-street vehicle parking spaces (to a maximum of five vehicle parking spaces) into additional bicycle parking spaces (not already required by Sec ) at the following ratios: 1. One vehicle parking space for every six covered bicycle spaces (including spaces within covered bicycle cages); and 2. One vehicle parking space for every two bicycle lockers. D. Public Transit Access. 1. Parking Reductions. The minimum parking requirements within the distances specified in Table , Transit-Accessible Development Parking, of any use (or that part of the gross floor area of a use, computed as described in Sec , Computations) from a fixed bus boarding location may be reduced with a showing that: a. The parcel proposed for development is: 1. Within the specified distance from one or more designated transit stop location(s); 2. Served by one or more fixed routes with an average 15 minute headway; 3. A multiple-family building or complex with at least 200 units; 4. A retail or mixed-use center with at least 100,000 square feet of occupied lease space; or 5. Within the Aggieville (CA) or Downtown (CD) districts. b. The transit stop has permanent improvements, such as a bus pull-out bay or fixed transit shelter; and Module No. 2 February 14, 2018 Page 64

65 c. The respective transit route has been in operation for no less than two years and is in the top quartile for two or more performance measures, including, but not limited to: 1. Weekday boardings per revenue hour; 2. Weekday boardings per revenue mile; 3. Weekday farebox recovery rate; or 4. Weekday boardings per trip. Table Transit Accessible Development Parking Percent of the Minimum Parking Requirement of Sec , Distance to a Fixed Bus Boarding Location: Off-Street Parking. Within 500 feet 50% of the parking spaces required Between 500 feet and up to 1,320 feet (¼ mile) 75% of the parking spaces required Greater than 1,320 feet (¼ mile) 100% of the parking spaces required 2. Pedestrian Access. To qualify for a parking reduction as provided in Table , Transit-Accessible Development Parking, above, the uses must provide or have public-access pedestrian connections to the major bus boarding location, as follows: a. Pedestrian connections to adjoining properties must be provided, which must connect the on-site circulation system to existing or proposed streets, walkways, and driveways that abut the property. Where adjacent properties are undeveloped, streets and on-site accessways and walkways must be aligned or stubbed to allow for extension to the adjoining property. b. If the lot does not abut or include a bus station, the lot must have access to the major bus boarding location through a continuous network of sidewalks that comply with the design requirements of this Division. Continuous means that the sidewalks include no permanent barriers to pedestrian access, but may include signalized street intersections with up to four travel lanes and a turning lane, or unsignalized intersections with up to two travel lanes and a turning lane. c. If the lot abuts or includes a bus station, a direct pedestrian connection must be provided between the nearest bus stop and building entrances on the site. 3. Maximum Spaces. The maximum number of parking spaces may not exceed the amount set forth Sec , Off-Street Parking. 4. Redevelopment of Parking Spaces. Existing development may redevelop up to 25 percent of existing parking areas for transit-oriented facilities, including bus stops and pullouts, bus shelters, park and ride stations, and similar facilities, where appropriate. E. Deferred Parking. 1. Generally. For many land uses, there are higher demands for parking only during certain events or at special times of the year (e.g., holiday season). Otherwise, during a typical weekday or on a typical weekend day, the amount of required parking is more than sufficient to meet demands. In these instances, and in order to minimize unnecessary expanses of impervious area, up to the following percentages of the required parking may be deferred for later improvement: a. 30 percent in the Business Park (BP), Light Industrial (LI), or General Industrial (GI) districts; b. 20 percent in the Business Commercial (BR) or Community Commercial (CC) districts; and c. 10 percent in any other district. 2. Warrant. The applicant proposing to defer parking must demonstrate the following: Module No. 2 February 14, 2018 Page 65

66 a. The character of the use lowers the anticipated need for off-street parking, and data from similar uses establishes that there is not a present need for the parking; b. The deferred, unimproved area will not be needed for parking at any time and will be signed accordingly; c. The property for the use is within 500 feet of a fixed bus boarding location that serves a significant proportion of residents, employees, or customers; or d. The deferred percentage of residents, employees, and customers regularly walk or use a bicycle or other non-motorized mode of transportation. 3. Site Plan. Applicants must submit a site plan demonstrating that the total required parking may be accommodated on-site and designating the land to be banked for future parking. 4. Site Circulation. The parking area must be designed and constructed in a manner that provides good access and vehicular and pedestrian circulation upon both the initial and ultimate improvement of the parking area. 5. Notice of Change. Persons having an interest in property subject to overflow parking and deferral must notify the Administrator of any change in the conditions set in granting the reduction. 6. Construction of Deferred Parking. The Zoning Administrator may require the construction of deferred parking at any time upon 30 days written notice by mail to commence construction of such parking. Persons having an interest in the property must comply with such notice within a period of 180 days from the date of notice. F. Transportation Demand Management Programs. 1. Generally. a. This Section sets out ways to reduce the number of required off-street parking spaces using Transportation Demand Management (TDM) programs. These credits and reductions are based on programs that tend to reduce the peak demand for parking spaces. If used in conjunction with shared parking, these reductions may be applied to one type of use to reduce the parking requirement for the use prior to calculating the shared parking reduction. b. These credits and reductions: 1. Are not available to uses that base their parking on a special study, unless the special study's methodology specifically addresses these credits and reductions and determines that they are warranted and appropriate; and 2. Are available only if the applicant provides for regular monitoring and reporting of the use of the TDM program and its effect on parking demand. 1. Reduction of Parking Requirements by Employer-Based TDM Programs. a. Land uses which provide employment for 50 or more full-time equivalent employees may qualify for a reduction of up to 25 percent of their required parking by implementation of a TDM program. The amount of the reduction must correspond to the reduction in peak hour trip generation that is directly attributable to the implementation of the TDM program. The reduction requested must be supported by a study by a qualified transportation planner or traffic engineer. b. The TDM program must include: 1. Proposed performance targets; 2. Justifications for estimations of single-occupancy vehicle trips and anticipated reductions in parking demand; 3. Designation of a single "responsible entity" (e.g., the property owner or business owner) to implement and regularly monitor the required measures; 4. A monitoring and reporting procedure; and Module No. 2 February 14, 2018 Page 66

67 5. A list of supplementary measures that will be implemented if the initial performance targets are not met, as determined by the monitoring procedures. c. Monitoring reports must be submitted to the Zoning Administrator two years after building occupancy and on an annual basis thereafter for an additional five years. After expiration of the five-year period, the Zoning Administrator may require monitoring and reporting if spillover parking or undue localized congestion attributable to the use is observed or reported. d. If the monitoring reports indicate that the performance measures are not met, then the responsible entity must implement the supplemental measures identified in the TDM Plan. e. If the monitoring reports indicate that the performance measures are not met during the subsequent reporting cycle, the Zoning Administrator may require compliance with the parking requirements of this Division through further adjustments to the program or provision of additional parking spaces to address the shortfall of required parking spaces. f. In addition to the remedies available through the application of this Subsections, the Zoning Administrator may seek an injunction to revoke the project's permits or approvals upon: 1. Failure to submit required monitoring reports within 120 days of their due date; or 2. Failure to meet performance targets after implementation of supplemental measures pursuant to this Subsections. 2. Reduction of Parking Requirements by Provision of Car-Share Program. a. Multiple-family residential uses may reserve one of the parking spaces required by Sec , Off-Street Parking, for every 20 dwelling units (rounding up), for a car-share program. b. For each space reserved for a car-share program, the overall parking requirement may be reduced by two spaces. c. To qualify for the car-share program reduction, the applicant must demonstrate that the program will be operational when the building is fully occupied, and that one car will be available for each reserved parking space. d. If the program is terminated or reduced, the applicant must provide the parking spaces for which credit is no longer due. G. Land Banking. As a condition of approval, the Zoning Administrator may require that land be reserved or land-banked for additional parking if there is a demonstrably high probability the use could change, resulting in a higher demand for parking. Sec , Shared Parking A. Shared Parking. Off-street parking facilities for separate uses may be provided collectively if the total number of shared parking spaces is adequate to serve all of the uses in a development. B. Location. All parking spaces that serve buildings or uses must be located in the same zoning district and within 1,000 feet of the property that uses the parking spaces. Required parking spaces for uses specifically permitted and located in the University & College (UC) District, may be further than 1,000 feet from the property with which they are associated. C. Parking Space Reduction. An off-street parking area required for any building or use may be used as part of an offstreet parking area required for another building or use where peak use periods do not overlap, as provided below. The required parking spaces may be reduced in accordance with the following steps: 1. Determine the minimum parking requirements in accordance with Table , Required and Maximum Parking, for each land use as if it were a separate use; Module No. 2 February 14, 2018 Page 67

68 (A) Use 2. Multiply the sum of required parking spaces for each use by the corresponding percentages for each of the five time periods set forth in Columns (B) through (F) of Table , Shared Parking Table, below; 3. Calculate the total for each time period; and 4. Select the Column with the highest total. This is the required number of shared spaces. (B) Day (9 AM to 4 PM) Weekday Table Shared Parking Table (C) Evening (6 PM to midnight) (D) Day (9 AM to 4 PM) Weekend (E) Evening (6 PM to midnight) (F) Night (midnight to 6 AM) Office / Industrial 100% 10% 10% 5% 5% Retail / Commercial 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 75% Restaurant 50% 100% 100% 100% 10% Entertainment 40% 100% 50% 100% 10% All Others 100% 100% 100% 100% 10% D. Shared Parking Plan 1. Plan Required. If parking is shared as provided in this Section, a shared parking plan must be filed with the site plan. 2. Binding Nature. The shared parking plan must bind the owner(s) of all structures then existing on the land area, and all parties having a legal interest in the land area and structures. The applicant must provide sufficient evidence to establish the status of applicants as owners of parties in interest. 3. Plan Contents. The application must include plans showing the location of the uses or structures for which offstreet parking facilities are required, the location of the off-street parking facilities, measurements between the property requiring additional parking and the shared facility, and the schedule of times used by those uses sharing parking in common. 4. Results of Approval. The Zoning Administrator will approve or disapprove the shared parking plan. Upon approval, the Zoning Administrator will maintain a copy of the shared parking plan, which is binding on the applicant(s) and their heirs, successors, and assigns. The shared parking plan will limit and control the issuance and validity of permits and certifications and will restrict, limit, and control the use and operation of all land and structures included within the shared parking plan. 5. Amendment or Withdrawal of Shared Parking Plan. The shared parking plan may be amended or withdrawn, either partially or completely, pursuant to the same procedure and subject to the same limitations and requirements by which the shared parking plan was approved. All land and structures remaining under the plan must comply with all the conditions and limitations of the plan and all land and structures withdrawn from the plan must comply with the regulations of this Division for non-shared parking. E. Shared Use Reductions. 1. Office and Retail Shared Use. If office and retail uses are located in the same building and share parking, and the office space comprises at least 35 percent of the space and at least 2,000 square feet, the minimum parking required for the retail use is reduced to the lesser of: a. 80 percent of the parking normally required for the retail use; or b. One parking space per 500 square feet. Module No. 2 February 14, 2018 Page 68

69 2. Residential and Retail Shared Use. If residential and retail (other than lodging, eating and drinking establishments, or entertainment) uses share parking, the minimum parking required for the residential use is reduced by 30 percent or the minimum parking required for the retail and service use, whichever is less. 3. Office and Residential Shared Use. If office and residential uses share off-street parking, the parking requirement for the residential use is reduced to the lesser of: a. 50 percent of the parking normally required for the residential use, or b. One space per 1,000 square feet. Division TREES, LANDSCAPING, AND SCREENING Sec , Purpose and Applicability A. Purpose. 1. Objectives. The purpose of this Division is to establish minimum standards to achieve the following objectives: a. Vegetation and Topsoil. Preservation of existing vegetation and topsoil; b. Water Quality and Wildlife. Protection of water quality and wildlife habitat; c. Heat Island Effect. Reduction of heat generated from paved surfaces; d. Buffering and Screening. Buffering of incompatible land uses and screening negative site elements; and e. Appearance and Beauty. Enhancement of the overall appearance and natural beauty of the community. 2. Benefits. Landscaping and landscaped open spaces provide multiple benefits including energy conservation, increased property values, and an enhanced aesthetic quality throughout the City. Combined, these benefits promote the health and general welfare of the citizens of Manhattan. B. Applicability. The regulations of this Division apply to new development, redevelopment of existing sites, site modifications including building additions and expansions, new parking lots and paved area expansions, and the subdivision of land within all zoning districts. Effective on: 12/17/2017 Sec , Land Clearing A. Applicability. Unless exempted by this Section, no lot, parcel, or property within the City shall perform any land clearance, site grading, removal or stockpiling of soil, or tree removal unless part of a building permit, grading permit, site plan, or subdivision plat approved in accordance with Article 35-5, General Subdivision Design Standards. B. Exemptions. The following activities shall be exempt from this Section: 1. Agricultural Activity. Gardening and farming; 2. Installation and Maintenance. Landscape installation and maintenance; 3. Clearing and Grading. Land clearing or grading that disturbs an area less than 2,000 square feet; 4. Investigative Excavation. Exploratory digging or boring by a soils engineer, geologist, archeologist, or similar professional for the purposes of investigating site conditions; 5. Wells or Utilities. Excavations for wells or utilities; and 6. Mining or Stockpiling. Land clearing, grading, removal or stockpiling of soil, sand, gravel, or rock as part of a permitted operation, such as a sand and gravel materials plant. Module No. 2 February 14, 2018 Page 69

70 C. Standards. 1. Grading and Drainage. All sites shall be graded to maintain stable slopes and so as not to negatively impact adjoining properties. Grading and storm water management facilities shall be designed, installed, and maintained so that surface and storm water appropriately drains to an approved facility or drainageway and in accordance with all rules governing drainage and storm water management. 2. Sediment and Erosion Control. All sites shall employ appropriate sediment and erosion control measures and comply with all rules governing sediment and erosion control. Sec , Tree Preservation Credits A. Credits for Trees of Significance. Development sites that preserve mature trees may be given credit towards the fulfillment of their landscape requirements as contained in this Division. Credit may only be granted for Trees of Significance located on the same lot or parcel and only those as detailed on a landscape plan, signed by a licensed landscape architect and/or certified arborist, that certifies the species, caliper, and health of the identified Trees of Significance. The landscape plan must further identify the methods by which the Trees of Significance will be protected during construction and that adequate clearance will be maintained around the dripline of the tree to prevent soil compaction and provide the tree with adequate access to water, nutrients, and air. B. Rate of Credit. Table , Tree Preservation Credit, identifies the rate at which credit will be given for the preservation of Trees of Significance. Tree of Significance Caliper Size Greater than 36 inches Sec , General Requirements A. Approval Process. Table Tree Preservation Credit Landscape Credit Per Tree 6 to 12 inches 3 overstory trees 12 to 24 inches 4 overstory trees 24 to 36 inches 5 overstory trees 6 overstory trees 1. Plan Approval. A landscape plan that is in compliance with the provisions of this Division must be submitted as part of any application for approval of a site plan and as part of any application for approval of a Preliminary Plat that is for a single-family detached residential subdivision. No building permit may be issued without an approved landscape plan in accordance with this Division. 2. Final Approval. Prior to approval of a Final Plat for any single-family detached residential subdivision, and prior to issuance of a Certificate of Occupancy for any building, all landscaping must be installed in accordance with the approved landscape plan. Should any of the required landscaping not be installed prior to a request for Final Plat approval or Certificate of Occupancy, due to weather conditions or time of the year, the Zoning Administrator, at his or her sole discretion, may accept a surety or performance bond, certificate of deposit, letter of credit, or the equivalent as a guarantee of installation, and approve the Final Plat or issue a temporary Certificate of Occupancy. The surety amount may be no less than 150 percent of the cost of installation. Module No. 2 February 14, 2018 Page 70

71 3. Modifications. The Zoning Administrator may administratively review and approve requests for minor modifications to any approved landscape plan, such as changes in plant materials or plant locations, provided those changes comply with the requirements of this Division and do not materially alter the appearance of the site. 4. Nonconformities. An applicant with an existing developed site seeking approval of a building permit or site plan for site modifications, including building additions and paving expansions, must bring the property into compliance with the requirements set out in Sec , Compliance Thresholds. At a minimum, all new buildings, new parking lots, and new paved areas must comply with the regulations of this Division. No site plan or building permit may be approved that causes or increases a site s nonconformity with this Division. B. Plant Materials Standards. 1. Plant Variety. All plants must be of the type and species appropriate for the climate and location being planted. All plant material must be commercially produced and meet the minimum standards recognized by landscape professionals. In order to reduce the threat and impact of plant disease, multiple plant types and species must be utilized on each site. 2. Prohibited. The following trees are prohibited: a. All Ash tree varieties; b. Birch, White/Paper; c. Boxelder; d. Eastern Cottonwood (seedless varieties are permitted); e. Siberian and Chinese Elms; f. Maple, Silver; g. Pear (all species/cultivars); h. Poplar (all species/cultivars); i. Russian and Autumn Olive; and j. Trees with thorns. 3. Sizes. All required plants must meet the size and variety requirements in Table , Minimum Plant Sizes and Varieties. Plant Type Overstory Trees Understory Trees Evergreen / Coniferous Tree Shrubs Ornamental Grasses Prairie Plantings Table VIII.2-4 Minimum Plant Sizes and Varieties Minimum Size or Varieties 2.0-inch caliper 1.5-inch caliper 6-feet in height 3 gallon container 1 gallon container Minimum of 3 and maximum of 5 varieties of short and/or tall grass prairie species native to Kansas, which may be combined with similar height native wildflowers. Module No. 2 February 14, 2018 Page 71

72 C. Plant Locations. All plantings must comply with the following: 1. Public Right-of-Way. A permit must be obtained prior to planting any street tree or landscape material in the public right-of-way and must comply with all clearance and setback requirements. 2. Sight Distance Triangle. No landscaping may be planted in violation of the City s sight distance triangle requirements, as set out in Sec , Sight Distance Requirements. 3. Easements. Overstory trees shall not be placed within any public utility easement. 4. Fire Safety. Landscaping must meet minimum clearances from all fire hydrants and building sprinkler systems as required by the fire department. 5. Spacing. In general, all plants must be sited and spaced in a manner to allow for appropriate growth to mature size. D. Plant Substitutions. The following substitution of tree planting requirements may be made: 1. Overstory. One overstory tree may be substituted in place of 10 required shrubs. 2. Understory. One understory tree may be substituted in place of five required shrubs. 3. Evergreen. One evergreen/coniferous tree may be substituted in place of 3 shrubs. 4. Substitution. One overstory tree may be substituted in place of two required understory trees. Understory trees may not be substituted for required overstory trees. 5. Grasses. Three ornamental grasses may be substituted for one required shrub. E. Equipment and Refuse Screening. Wasn't this covered in module #1. It needs to figured out. 1. Applicability. The following standards are required for all sites within any nonresidential or mixed-use district. 2. Building-Mounted Equipment. Mechanical equipment that is mounted on a building wall that is within public view must be enclosed, screened by opaque fencing and landscaping, or painted to match the building façade. 3. Ground Equipment Screening. Mechanical equipment and meters must be screened from public view by building wall extensions, opaque fencing, structural enclosure, or landscaping. Hedges and screen walls that are used to screen mechanical systems must be maintained at a height that is at least one foot higher than the equipment. Wall extensions, opaque fencing, and structural enclosures must use materials and colors that match or are consistent with the design and materials of the principal building. 4. Roof-Top Screening. Mechanical equipment must be fully screened from ground level views by: a. Parapet walls, which may include cornice treatments that are of adequate height to fully screen the equipment (a slope of 1 foot rise per 25 feet of run must be used to determine if the wall is of adequate height); or b. Screening walls of adequate height to fully screen the equipment, which use materials and colors that match or are consistent with the design of the principal building; or c. Sloped roof systems or other architectural elements of adequate height to fully screen the equipment from all adjacent property and rights-of-way. 5. Trash Enclosures. All outdoor trash and recycling receptacles, dumpsters, and grease collection containers must be screened on all sides by the use of a permanent enclosure, with opaque gates for disposal truck access. The enclosure must be constructed of permanent materials such as textured block, split-faced concrete block, brick or stone. Wood or composite material fencing is not an acceptable enclosure. Colors and materials must be compatible with the dominant architectural materials of on-site buildings and must be integral to an on-site building whenever possible. The enclosure must be located out of public view and constructed to visibly screen the views from the adjoining properties. Landscaping may be included around the enclosure to soften its impact. (See Figure , Trash Enclosure Detail) Module No. 2 February 14, 2018 Page 72

73 Figure Trash Enclosure Detail 6. Shopping Cart Corrals. Outdoor areas (shopping cart corrals) may be designated for the temporary collection of shopping carts. No letters, logos, images, or graphics are permitted on or within the shopping corral. Corrals should consist of decorative wall or fenced enclosures and/or landscaped islands. Prefabricated metal tubing or plastic type shopping corrals are prohibited. The location and details for all shopping corral areas must be provided on the site plan for staff review. Sec , Development Landscaping A. Landscape Open Space and Surface Area Required. All multiple-family, nonresidential, and mixed-use sites must provide and maintain the minimum amount of open space set out in Table , Residential Standards and Land Uses, or landscape surface area set out in Table , Nonresidential Standards and Land Uses, required for each zoning district. B. Ground Cover. 1. Landscaped Area. All areas unencumbered by buildings, paving, or of a hard-surface, must be landscaped with turf grass, prairie grass, plant beds, shrubs, and trees. 2. Mulch and Inorganic Ground Cover. Wood-based mulch and inorganic ground cover, including rock and wood chips may be used around all plantings and in all plant beds. Large areas of wood mulch or inorganic ground cover that do not contain plantings are not permitted except when used around play structures. Synthetic turf Module No. 2 February 14, 2018 Page 73

74 (unless part of a designated sport field or play surface), is prohibited except in limited applications as may be deemed acceptable by the Zoning Administrator. C. Minimum Planting Standards. The following minimum landscape area plantings are required for all multiple-family, nonresidential, and mixed-use sites. 1. Required Plant Types. One overstory tree, two understory trees, and two shrubs must be planted for every 2,000 square feet of required landscape surface, or parts thereof. This landscaping is in addition to landscaping required for building foundation plantings, parking lot landscaping, and streetscape landscaping. The minimum required landscape for all sites is one overstory tree, two understory trees, and two shrubs. 2. Other Requirements. Landscape surface area plant materials do not count towards the fulfillment of any other landscaping requirement. D. On-Site Landscaping. Building Foundation Figure , Foundation and Streetscape Plantings Table Required Landscaping Type Figure Reference Applicability Placement Required Plantings Other Requirements Next to and along no less Foundation plant Multiple-family complexes than 50 percent of all in the RM district and all Streetscape Street Trees Off-Street Parking and Loading Figure , Foundation and Streetscape Plantings Figure , Street Trees Figure , Off-Street Parking and Loading Area Landscaping sites within the RH, RC, BC, CN, CC, and BP districts. All sites within the Eureka Valley / K-18 Overlay (O- EV) and the Gateway Corridor Overlay (O-GC), all multiple-family buildings and complexes in the RM district, and all sites within the RH, CC, CN, CC, and BP districts. All sites within the RC, CA, CD, MU, ICS, and IL districts. All off-street parking and loading areas with eight or more parking stalls or with more than 2,000 square feet of paved area. building foundation lines that face or front a public street or private drive. Within the street right-ofway, between the public street and any sidewalk or trail. Within the street right-ofway, between the public street and any sidewalk or trail. All rows of parking must be terminated with a curbed landscaped island that is a minimum 9' X 16' (32' for head-to-head parking stalls). Combination of low-height plant materials (shrubs, ornamental grasses, and perennials). One overstory tree (minimum 10' tall) for every 40' of street frontage, excluding driveways, plus clusters of ornamental grasses and/or shrubs repeated at an average interval of one cluster or grouping for every 40' of frontage. One overstory tree (minimum 10' tall) for every 50' of street frontage, excluding driveways. All parking lot landscape islands must be landscaped with a combination of turf grass, prairie grass, plant beds, rock, wood chips, or shrubs, and trees. Pavers, pavement, and similar hard surfacing are prohibited. No off-street parking or One overstory tree must loading area must be more be planted within each than 70' from an overstory required landscape island. tree located within a materials do not count towards any other landscaping requirement. A reduction may be allowed to address placement limitations and restrictions necessary to meet clearance requirements for public street intersections and utilities. These plantings may also be grouped or spaced at varying intervals as needed. Same as the allowed reduction for the streetscape. Interior parking lot plant materials do not count towards any other landscaping requirement. Module No. 2 February 14, 2018 Page 74

75 landscaped open space area. Sidewalks that abut the front edge of any parking stall must be no less than seven feet wide to accommodate a two-foot vehicle overhang. Along at least 50 percent of the linear feet of frontage between the parking lot and the adjoining public street or private drive. Sidewalks may be permitted as necessary to accommodate pedestrian circulation. A minimum three-foot tall vehicle headlight screen planted with a combination of shrubs, ornamental grasses, earth berms, and/or low masonry walls. 1. Building Foundation and Streetscape Plantings. (See Figure , Foundation and Streetscape Plantings) Figure Foundation and Streetscape Plantings Module No. 2 February 14, 2018 Page 75

76 2. Street Trees. (See Figure , Street Trees) Figure Street Trees 3. Off-Street Parking and Loading. (See Figure , Off-Street Parking and Loading Area Landscaping) Figure Off-Street Parking and Loading Area Landscaping Module No. 2 February 14, 2018 Page 76

77 Sec , Bufferyards A. Generally. The bufferyards required in this Section are based on the amount of screening they provide, which are classified from less screening (Type A) to more screening (Type C), depending on the types and intensities of adjoining land uses. B. Bufferyard Types. There are three types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet, or portion thereof. The minimum planting requirements for each type of bufferyard are set out in Table , Bufferyard Types, except that parking lot setback plantings are set out in Sec , Development Landscaping. The bufferyard types and their required plantings are illustrated in Figure , Example Bufferyard Types. Type Bufferyard Width Table Bufferyard Types Required Plantings per 100 Linear Feet Overstory Evergreen Shrubs A 15' B 20' C 25' Type "A" Figure Example Bufferyard Types Type "B" Type "C" Module No. 2 February 14, 2018 Page 77

78 C. Bufferyard Locations. Displayed in Table , Bufferyards Requirements, is the types of bufferyards required between the zoning district of a parcel proposed development and the zoning district(s) of the adjoining property. Bufferyards must be established within a bufferyard easement on individual lots or parcels, unless a property owners' association is established in which case bufferyards may be within common open space. Properties separated by the public street right-of-way are not considered adjoining for the purposes of this Section. Bufferyards are required as follows: 1. Between Zoning Districts. A bufferyard is required between two adjoining zoning districts, with the type determined by the intensities of the districts. 2. Between Housing or Development Types in a Planned Development. A Type B bufferyard is required between single-family detached or attached dwellings and multiple-family dwellings and nonresidential development within a planned development if: a. The lot areas of the adjoining housing types vary by 15 percent or more; b. The building height(s) of the adjoining developments vary by two or more stories; c. A single-family detached residential use adjoins a nonresidential use; or d. Buffering is required by the MUAPB. 3. Adjacent to Agricultural Land. One-half (7.5 feet) of a Type B bufferyard is required for a parcel proposed for development when adjoining agricultural land within the Manhattan Urban Area. At the time of development, the adjoining property would also be required to provide the remaining one-half (7.5 feet) of the Type B bufferyard. 4. Along a Resource Feature or Park or Recreation Area. No bufferyard is required for that portion of a parcel proposed for development that adjoins a permanent resource feature, including, but not limited to, a water body, river or stream, natural drainage channel, wetland or riparian area, steep slope or ravine, or wooded area, or a public park or recreation area. D. Exemptions. A parcel proposed for development, redevelopment, or substantial improvement may be exempt from the requirement to provide a bufferyard under the following conditions: 1. When there is an elevation difference between two adjacent properties that is six feet or greater; or 2. When the parcel proposed for development, redevelopment, or substantial improvement is separated from the adjacent property by a natural area that meets or exceeds the level of screening required by the applicable bufferyard. Zoning of Proposed Development Table Bufferyards Requirements Adjoining Property Zoning RE, RL, O-EN RM, RH RC BC, CN CC, MU CA, CD BP ICS, IL IG IN PI RE, RL, O-EN B B B B B B B C B B RM, RH B A A A A B B C A A RC B A A A BC, CN B A - A A B B C A A CC, MU B A - A A B B C A A CA, CD B A - A A B BP B B - B B B A B A A IC, IL B B - B B - A A B B Module No. 2 February 14, 2018 Page 78

79 Zoning of Proposed Development Table Bufferyards Requirements Adjoining Property Zoning RE, RL, O-EN RM, RH RC BC, CN CC, MU CA, CD BP ICS, IL IG IN PI IG C C - C C - B A B B IN B A A A A - A B B B PI B A A A A - A B B B Tables Notes: 1. The bufferyard for a by-right or floating zone planned development is the same as the district within which the development is located. 2. A single-family detached residential lot that is abutting a street on its front and rear lines must have a Type A Bufferyard established along its rear property line adjacent to the street. No structures are permitted within the bufferyard. E. Adjoining Development. 1. Existing Residential Development without Bufferyards. New residential development is required to provide the bufferyard and plantings only if: a. The average lot area of the new development is 85 percent or less than the lot areas of the adjoining, existing development; b. The building heights of the new development are greater than eight feet taller than the building heights of the adjoining, existing development; or c. The housing type that is located on the lots that adjoining the existing development is of greater density than the housing type of the adjoining, existing development. 2. Existing Nonresidential Development without Bufferyards. Where an adjoining property is existing and does not have the required bufferyard, the parcel proposed for development must provide the required bufferyard and its plantings. 3. Shared Responsibility. The owners of adjoining properties may agree to transfer or share the responsibility for the installation of a required bufferyard. F. Credit for Existing Buffering. Bufferyards are required within a planned development if: 1. Existing overstory and evergreen trees and shrubs that meet the requirements, in whole or in part, may be counted, provided the trees and shrubs are in good health, as determined by the Forestry Supervisor. 2. Credit will be given for existing trees that are located within bufferyards according to Sec , Tree Preservation Credits. G. General Provisions. 1. Setback Measurement. All building and parking lot setbacks are measured from the closest edge of any required bufferyard. 2. Encroachments. No structures, parking lots, or loading areas may be permitted within a required bufferyard. Fences, sidewalks, and trails may be permitted within a required bufferyard provided that a fence is constructed on the inside of a bufferyard that fronts street right-of-way. 3. Plant Groupings. Bufferyard plantings should be located in small groupings to appear more natural versus evenly spaced. Module No. 2 February 14, 2018 Page 79

80 4. Earthen Berms. Earthen berms within a bufferyard may vary and undulate to accommodate drainage and to provide a more nature appearance. H. Warranted Exceptions of Bufferyard Requirements. 1. Privacy Fence or Screen Wall. The width of a required Type B or C bufferyard may be reduced by 50 percent with the addition of a privacy fence or screen wall. The required number of plantings may be reduced proportionately. The privacy fence must be six feet in height, constructed of rot resistant wood, and designed to be opaque. Adjacent to highways and arterial and collector streets, a fence must include masonry columns that are six feet in height, a minimum of 16 inches square, and spaced no more than 24 feet on center. A screen wall must be six feet in height and constructed of brick, stone, or textured cast-in-place or precast concrete. 2. Additional Bufferyard Reduction. Should a bufferyard requirement overburden a property by making development impractical, in the sole discretion of the Zoning Administrator, the width of a required buffer may be reduced, and a privacy fence, screen wall, or other measures may be used to mitigate the impact on the property to be buffered. 3. Infill Sites. With approval of the Zoning Administrator, development of an infill site may provide for the required bufferyard by substituting a privacy fence or screen wall as set out in Subsection H.1., above. I. Exception. All other reductions in bufferyards require a variance. Sec , Landscape Plan A. Landscape Plan Required. As part of any required site plan submittal or building permit application for any new building or building addition, a detailed landscape plan must be provided to the Zoning Administrator for review. A landscape plan is not required for a building permit for a single-family detached residential property, provided that any required landscaping is identified on the building permit site plan. B. Required Landscape Plan Elements. The landscape plan must be prepared and signed by a licensed landscape architect or other licensed professional with competency in preparing landscape plans. The plans must include: 1. Boundary and Locations. Property boundary and general location of all existing and proposed structures, fences, walls, paved areas, parking lots, utilities, easements, and storm water management facilities. 2. Site Layout. Proposed entryways, streets, drives and parking areas with a layout of the parking spaces and showing pedestrian circulation on and adjacent to the site, along with any existing or proposed bikeways. 3. Grades. Existing and proposed grades. 4. Landscaping. Identification of all existing landscaping including whether it is to be preserved or removed. 5. Trees of Significance. Identification and details of all Trees of Significance including species, caliper, and general health. 6. Irrigation. Layout and specifications for a site irrigation plan. 7. Lighting. Identification or all methods of landscaping lighting with specifications as to location, type, and intensity, with a plan for mitigating light spillover onto adjacent properties. 8. Protection Methods. Details for the methods by which existing landscaping planned to be preserved will be protected during site construction. 9. Species and Size. Identification of all proposed landscaping include plant species and size. 10. Ground Cover. Identification of all proposed ground cover. 11. Bufferyards. Width and details for all required bufferyards including bufferyard type and plant quantities. Module No. 2 February 14, 2018 Page 80

81 12. Screening. Details of all required screening and materials to be used, giving particular attention to appropriate screening of adjacent properties. 13. Soils. Soils and geology of steep slopes and other areas susceptible to erosion and proposed methods of dealing with these conditions during and after construction, together with specifications for soil conditioning and plant installation. 14. Summary of Details. Summary of the following site details: a. Site Area. Square footage of the total site area; b. Building Footprint and Paved Areas. Square footage of the current and proposed building footprint and paved areas (not including sidewalks, patios, and pedestrian plaza); c. Passive and Active Open Spaces. Passive and active recreation areas such as pools, tennis courts, and other similar uses; d. Open Space and Landscape Surface Ratio Calculations. Required Open Space Ratio or Minimum Landscape Surface Ratio calculations and square footage of open space or landscape surface provided; and e. Landscaping Provided and Required. Calculation of the required landscaping and summary of the landscaping provided, including calculations for crediting preserved Trees of Significance. 15. Other Information. Other information as required by the Zoning Administrator. 16. Waiver Authority. The Zoning Administrator may waive any of these required elements if determined unnecessary to insure compliance with this Division. Sec , Landscape Maintenance and Replacement A. Maintenance. Property owners must maintain all landscaping, including regular mowing, trimming, and pruning and removal of dead, dying, or diseased plant material and keeping the property clear of weeds, debris, and litter. B. Replacement. The owner of any lot or parcel for which a landscape plan has been approved under this Section is responsible for the replacement of any dead, dying, or diseased plant material in order to remain in compliance with the approved landscape plan. Should a tree that was identified as a Tree of Significance, and for which a landscape credit was given, die, become diseased, or is otherwise removed, the owner of the property on which the tree is located must replace the tree at the same ratio at which the credit was originally given. Failure to maintain the landscaping in accordance with this provision constitutes a violation of the site plan and/or building permit approval and Certificate of Occupancy. C. Public Rights-of-Way and Utility Easements. The City has the right to plant, prune, maintain, and remove vegetation on public property including street right-of-way. The City may also perform such maintenance on private property and within utility easements, if necessary, to protect public sewers or water mains or other public improvements, to prevent the spread of insects or disease, or to improve site visibility at a vehicle intersection and/or pedestrian pathway. Requirements pertaining to planting, trimming, cutting or removing any tree or shrub growing in any street, alley, or public grounds without a permit are set out in Chapter 33, Vegetation, of the Code of Ordinances. Division VIII.3. SIGNS Sec , Purpose and Applicability A. Purpose. It is determined that it is necessary to regulate the location, size, placement and certain features and characteristics of signs to: Module No. 2 February 14, 2018 Page 81

82 1. Enable the public to locate goods, services, and facilities without difficulty or confusion; 2. Avoid traffic hazards, confusion between signs and traffic control devices, and traffic congestion; 3. Reduce visual clutter, distraction and obstructions along public streets and sidewalks; 4. Prevent hazards to life and property; 5. Protect property values; and, 6. Insure the continued attractiveness of the City. B. Applicability. 1. Where Allowed. Signs are allowed in the City in accordance with this Division, which apply to all signs that are visible from public property, a public right-of-way, or public travel easement. Signs that are not allowed by this Division are prohibited. 2. Exceptions. This Division does not apply to the following signs, except for the traffic and maintenance requirements described in Sec , Maintenance, Repair, Removal, and Abandonment of Signs, and Sec , General Provisions: a. Art, as defined herein. b. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation, provided the size of the signs do not exceed the requirements of such law, order, rule, or regulation; c. Flags, or emblems that do not include a commercial message and are displayed on public or private property as applicable; d. Governmental signs; e. Historic signs in the Downtown (CD) District. Signs existing, or previously displayed, as of January 1, 1992, which are located in the CD District and designated as a historic landmark by the Historic District Review Board as referenced in the October 18, 1982 Board minutes. Any modification, alteration, or change of such signs other than ordinary repair and maintenance require that the entire sign comply with this Division; f. Letters, logos and/or graphics located on the bottom six inches of an awning, provided they are no more than six inches in height and consist of no more than one line; g. News rack and newsstand signs provided they do not display off-premise commercial messages or general advertising messages; h. Small permanent signs, not exceeding five square feet each in area, displayed on private property and are located so as not to cause traffic hazards (note: examples include markers for entrance and exit drive, parking areas, one-way drives, restrooms, freight entrances, accepted credit cards, self-serve pumps, automatic teller machines, teller or drive-up windows, and similar informational signs); i. Tablet signs; j. Messages displayed on equipment such as a gasoline pump, vending machine, or collection box that do not display off-premise commercial messages or general advertising messages and that are located entirely on and internal to the equipment, and do not extend from the surface of the equipment. 3. Substitution of Messages. a. Subject to the consent of the party responsible for the sign, a non-commercial message of any type may be substituted, in whole or in part, in place of any commercial message or non-commercial message, provided that the sign and sign structure otherwise meet the requirements of this Division without consideration of message content. Such substitution may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Division. b. This provision does not create a right to increase the total amount of signage on a parcel; does not affect the requirement that a sign structure, mounting device and method or type of display of the message are Module No. 2 February 14, 2018 Page 82

83 properly permitted; does not allow a change in the physical structure of a sign, its mounting device, or the method or type of display of the message; and does not allow the substitution of any off-site commercial message in place of an on-site commercial message or a non-commercial message. 4. Signs Prohibited or Allowed by State Law. As the City is a subdivision of the state, this Division does not allow any sign that is illegal under State or Federal law, or prohibit any sign allowed by State or Federal law. Sec , Sign Permits A. Sign Permit, When Required. 1. Valid Sign Permit. It is unlawful for any person to construct, install, place, relocate, maintain, or modify a sign s dimensions or illumination characteristics, to attach any sign, or authorize another person to construct, install, place, relocate, maintain, or modify a sign s dimensions or illumination characteristics, or to attach any sign within the City without a valid sign permit. All signs must be constructed, installed, placed, relocated, maintained, modified, or attached in compliance with terms and conditions of the applicable sign permit. 2. Sign Contractor. No permanent sign requiring a sign permit may be installed, constructed, relocated, modified, or expanded, except by a licensed sign contractor. 3. No Permit Required. A permit is not required for the following signs; however, such signs must comply with all of the other regulations imposed by this Division: a. Permitted signs that are six square feet or less in area, located in an RE, RL, RM, RH, or RC district. b. All temporary signs, except for portable signs. 4. Issued and In Effect. a. Sign permits will be deemed issued and in effect for all signs existing within the City as of the effective date, except for those signs for which no permit is required pursuant to this Division. b. Sign permits will be deemed issued and in effect for all signs annexed into the City after the effective date, except for those signs for which no permit is required pursuant to this Division. Such permits for existing signs will be issued without the payment of a fee. This provision may not be construed to relieve any person from the obligation to obtain a sign permit, if required by this Division, for any sign that is constructed, installed, or placed; modifies the sign s dimensions or illumination characteristics; or that are relocated, maintained, or attached after the effective date. The issuance and existence of a sign permit may not validate any failure to comply with the provisions of this Division, or any other applicable City codes, ordinances, or regulations. B. Sign Permit Application and Fee. Each application for a sign permit must be on the written form provided by the City and accompanied by the sign permit fee as specified in the City Code of Ordinances. C. Sign Permit Issuance and Sign Inspection. 1. Sign Permit Issuance. No sign permit may be issued unless a complete application and sign permit fee have been submitted to the City, and the proposed signs comply with this Division and other applicable City codes, ordinances, and regulations. 2. Inspection of Signs. As a condition of issuance of the sign permit, the Zoning Administrator, or his/her designee, has the authority to inspect any sign for compliance with its sign permit, this Division, and other applicable city codes, ordinances, and regulations. D. Expiration, Denial or Revocation of Sign Permit. 1. Expiration. A sign permit expires if: Module No. 2 February 14, 2018 Page 83

84 a. The sign has not been completely constructed, installed, placed, changed, relocated, or attached within 180 days from the date of issuance of the sign permit; or, b. The sign is removed or abandoned. c. The use associated with the sign is abandoned. 2. Denial or Revocation. The Zoning Administrator, or his/her designee, may deny or revoke a sign permit for any of the following reasons: a. Failure to submit a complete application and/or the sign permit fee; b. Fraud, misrepresentation, or false statement in the sign application; c. Failure to permit the City access to the sign to inspect for compliance with this Division, the sign permit, or applicable City codes, ordinances, and regulations; or, d. Failure of the sign to comply with this Division, the sign permit, or applicable City codes, ordinances, and regulations. 3. Sign Permit Fee Refund. The sign permit fee will not be refunded if a sign permit expires or is denied or revoked. 4. Notice of Denial or Revocation of a Sign Permit. a. Denial. The Zoning Administrator, or his/her designee, will send a written notice of denial of a sign permit application through the U.S. Mail, to the applicant for the sign permit at the address provided by the applicant on the application form. b. Revocation. The Zoning Administrator, or his/her designee, will send a written notice of the revocation of a sign permit, through the U.S. Mail, to the sign permit holder at the address provided on the application form and to the property owner s address as listed in the register of deeds for the county in which the sign is located. c. Notice. Any notice sent pursuant to this Section will, at a minimum, state the reason(s) for the denial or revocation and notify the addressee of the right to appeal the denial or revocation pursuant to this Division. E. Sign Permit Appeals. 1. Appeal. The applicant or sign permit holder may appeal the denial or revocation of a sign permit within 10 business days following the deposit of the notice in the U.S. Mail. The appeal must be made in writing, stating the grounds for the appeal, the mailing address of the person making the appeal, and must be filed with the City Clerk. The denial or revocation of the sign permit will remain in effect while the appeal is pending. 2. Appeal Hearing. The City Clerk will schedule a hearing on the appeal before the City Manager, or his/her designee, within 10 business days of receiving the written notice of appeal. The City Clerk will provide written notice of the hearing date, time, and location by U.S. Mail to the address provided in the appeal. 3. Written Decision. The City Manager will issue a written decision with findings to affirm, overturn, or modify the denial or revocation. The City Manager will provide the written decision by U.S. Mail to the person making the appeal at the address provided in the appeal. The decision of the City Manager is final. Sec , Enforcement. A. Unlawful Signs. No person may erect, construct, install, place, change, relocate, maintain, or attach, on any premises, any sign in violation of the provisions of this UDO or the Code of Ordinances. All signs which do not comply with this Division, and all other codes, ordinances, and regulations of the City are unlawful and must be immediately removed. B. Inspections. All signs located within the City are subject to inspection by the City for compliance with this Division and other applicable City codes, ordinances, and regulations. Module No. 2 February 14, 2018 Page 84

85 Sec , Maintenance, Repair, Removal, and Abandonment of Signs A. Maintenance and Repair. Each sign located in the City must be of sound structural quality, maintained in a safe manner, and have a clean and neat appearance, including but not limited to, the replacement of defective parts, painting, repainting, cleaning, and other similar acts. B. Removal for Repair. Whenever any sign, either conforming or nonconforming, is required to be removed for the purpose of repair, re-lettering, or repainting, the same may be done without a permit or without any payment of fees provided that all of the following conditions are met: 1. There is no alteration or remodeling to the structure or the mounting of the sign itself; 2. There is no increase in any of the dimensions of the sign or its structure; 3. There is no alteration to the type of illumination or operational characteristics of the sign; and 4. The sign is accessory to a legal permitted, conditional, or nonconforming Use. C. Removal Due to Damage or Disrepair. Signs that are deemed unsafe or dangerous as defined in the adopted Property Maintenance Code will be remedied by the procedures outlined in that Code. D. Abandoned Signs. Except as otherwise provided in this Division, any sign that is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, will be deemed to be abandoned. Permanent signs applicable to a business temporarily suspended because of change of ownership or management of such business will not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign must be removed in its entirety, including its support structure and base, or repaired by the owner of the sign or premises. Sec , Nonconforming Signs A. Continuation of Nonconforming Signs. A nonconforming sign may continue to exist as a nonconforming sign, except as provided in this Section. A sign that does not comply with these regulations, and is not a nonconforming sign as defined, will be considered unlawful. B. Alteration or Repair of Nonconforming Signs. A nonconforming sign may not be altered or repaired unless the nonconforming sign is brought into conformance with all applicable regulations, except as follows: 1. Change of Copy. The alteration or change of the copy of a nonconforming sign by replacing sign panels will be permitted, as long as such alteration or change does not change the sign s dimensions, structure, type of illumination or operational characteristics, or otherwise increase its area; 2. Repair or Replacement. The repair or replacement of a nonconforming sign, which is necessary due to acts of God, or due to actions or inactions that are not attributed to the sign owner or property owner will be permitted, as long as the repair or replacement does not change the sign s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area. In the case of replacement, a sign permit will be required; or, 3. Normal Maintenance. The normal maintenance and repair of a nonconforming sign, as required by Sec , Maintenance, Repair, Removal, and Abandonment of Signs, will be permitted, as long as the normal maintenance and repair does not change the sign s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area. C. Loss of Nonconforming Status. Notwithstanding any other provision of this Section, a nonconforming sign will lose its nonconforming status and must thereafter comply with all applicable requirements in the following circumstances: 1. If the nonconforming sign must be removed due to damage or disrepair not due to acts of God, or due to actions or inactions that are not attributed to the sign owner of property owner, pursuant to Sec , Maintenance, Repair, Removal, and Abandonment of Signs; or Module No. 2 February 14, 2018 Page 85

86 2. If the nonconforming sign is abandoned, pursuant to Sec , Maintenance, Repair, Removal, and Abandonment of Signs. D. Signs for Legal Nonconforming Uses. Any new or additional sign to be installed after the effective date, for a legal nonconforming use, must comply with these regulations. Provided that, any new or additional sign to be installed after the effective date, for a legal nonconforming use that would not comply with these regulations may be approved through a conditional use permit. Sec , Measurement Standards A. Computation of Sign Area. Formulas for calculating sign area in the shape of a rectangle, square, triangle, ellipse, circle, or similar common geometric shapes shall use commonly accepted mathematical methods. These calculations are shown in the Sign Regulations User Guide. B. Measurement of the Area of a Sign. (See Figure , Sign Area Measurements) 1. Signs in Frames or Cabinets. The area of a sign enclosed in a frame or cabinet shall be determined on the basis of the outer dimensions of the frame or cabinet surrounding the sign face(s). The area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display. 2. Wall Signs Comprised of Individual Letters, Figures or Elements on a Wall or Similar Surface of a Building or Structure. The area and dimensions of the sign shall be encompassed by a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, and any applied background that is not part of the architecture of the building or structure. When separate elements are organized to form a single message, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which encompass all of the display areas, including the space between different elements. For signs with mixed case lettering, a rectangle shall be drawn around either the ascending or descending letters, but not both. 3. Monument Signs. The sign area shall be determined by the regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes that encompass the perimeter of the sign display or message and all portions of a background surface that differentiate the message display area from the overall monument structure. 4. Pylon Signs. The sign area shall be determined by the regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes that encompass the perimeter of the freestanding structure, but shall not include: a. The pole or other structural support, unless such pole or structural support is internally illuminated, or otherwise so designed to constitute a display device, or to be an integral part of the sign display; or b. Architectural features that are part of the freestanding structure but are not an integral part of the sign display, which may consist of landscaping, retaining walls, or structural forms complementing the site in general. 5. Three Dimensional Signs. The sign face area shall be determined on the basis of the maximum surface area visible from any one perspective. 6. Awnings, Canopies and Marquees. When signs are incorporated into awnings, canopies and marquees, the sign area shall be determined by measuring the area encompassed by a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the sign display or message. Module No. 2 February 14, 2018 Page 86

87 7. Temporary Signs. The sign area shall be determined on the basis of the perimeter dimensions of the temporary sign. 8. Double-Faced Signs. a. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any single perspective at the same time, and are part of the same sign structure, the sign area shall be computed by measurement of one of the two faces. When a sign has more than two display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single perspective. b. When a double-faced sign having nonparallel faces such that the angle between the faces exceeds 24 degrees, the sign area shall be calculated as the total of both sign faces. Figure Sign Area Measurements Signs in Frames and Cabinets Wall Signs Monument Sign Pylon Sign Awning Sign Double-Faced Sign Module No. 2 February 14, 2018 Page 87

88 Figure Sign Area Measurements D. Determining Sign Height. 1. The height of a pylon or monument sign shall be measured from the base of the sign s supportive structure at its point of attachment to the ground, to the highest point of the sign structure. (See Figure , Measuring Sign Height) 2. The height of a wall sign shall be measured from the point where the supporting wall meets the ground to the top of the highest point of the wall sign. Figure Measuring Sign Height Module No. 2 February 14, 2018 Page 88

89 Sec , General Provisions A. Signs on Public Property Owned or Controlled by the City of Manhattan. No signs may project over or be located on public property or a public right-of-way, except as follows: 1. Aggieville (CA) and Downtown (CD) Districts. Signs located in the CA and CD districts, or as approved through a commercial Planned Development (PD) located within the district, may project over a public right-of-way if they comply with all applicable regulations of the district; 2. Subdivision Signs. Subdivision signs at the entrance of a residential, commercial, or industrial subdivision for which a permit has been issued pursuant to Chapter 30 of the Code of Ordinances; 3. Sidewalk Signs. Sidewalk signs for which a permit has been issued pursuant to Chapter 30 of the Code of Ordinances; and 4. Other Temporary Signs. Other signs, including a street banner, which are erected by or authorized pursuant to an agreement with the City. B. Illumination. Illuminated signs may not glare or cast light upon property located in any residential (RE, RL, RM, RH, or RC) district or upon a public street or private drive that exceeds three foot-candles at the property line. Neither the direct, nor the reflected light from any signage light source may create a traffic hazard or distraction to operators of motor vehicles or bicycles on public streets or private drives. C. Other Applicable Federal, State and Local Laws. All signs must comply with all applicable federal, state and local laws. D. Blockage of Accessways. No sign may block any required accessway. No sign or sign structure may be erected in such a manner that any portion of its surface or supports will interfere in any way with free use of any fire escape, exit, or standpipe. No sign may obstruct any window to such an extent that any light or ventilation is reduced to a point below that which is required by any law or ordinance of the City. E. Misleading Signs or Signs Impacting Traffic Safety. No sign, including signs located inside a building, may be maintained at any location where by reason of its position, size, shape, illumination, or color, may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal, or device, or where it may interfere with, distract, mislead, or confuse traffic. No sign may be installed in a way that obstructs clear vision of persons using the streets, or may be confused with any authorized traffic sign, signal, or device. No sign, other than a governmental sign, which makes use of the words "Stop," "Look," "Danger," or any other word, phrase, symbol, or character which may interfere with, distract, mislead, or confuse persons, may be visible from a public street or private drive. F. Sight Distance Triangles. No sign is permitted in a sight distance triangle, except as provided for in Sec , Sight Distance Triangle. Sec , Standards for Specific Sign Types. A. Digital Animated Signs. The intent of the regulations for Digital Animated Signs is for use in entertainment districts on streets where the City has temporarily closed traffic during special public events. Such signs require a Public Event Permit to be issued by the City, and must be designed to be pedestrian-oriented rather than oriented to vehicular traffic. On days other than a special public event, a Digital Animated Sign may be operated as a Digital Graphic Sign. The following use limitations apply to Digital Animated Signs: 1. Location. Digital Animated Signs are subject to the following location restrictions: a. On a principal building façade; b. Part of a Monument or Pylon Sign for which the dynamic portion is part of the continuous display surface of the sign; c. Fronting on streets that will be closed to vehicular traffic during special public events; Module No. 2 February 14, 2018 Page 89

90 d. No closer than 100 feet from the nearest residential district property line; or e. On a lot that is part of a district of at least 600 feet of continuous commercial zoning fronting along the same side of the street as the lot, without interruption by a residence. 2. Duration of Message and Transitions. During approved special public events, a Digital Animated Sign can use full animation, including video and motion picture. 3. Image Characteristics. Digital Animated Signs may have a pitch of no greater than 20 millimeters between each pixel. 4. Luminance. Between sunrise and sunset, the maximum luminance may be foot-candles and between sunset and sunrise the maximum luminance may be foot-candles. All signs with a digital display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirement. B. Digital Graphic Signs. 1. Location. Digital Graphic Signs are subject to the following location restrictions: a. On a principal building façade; b. Part of a Monument or Pylon Sign for which the Digital Graphic portion is part of the continuous display surface of the sign; c. No closer than 100 feet from the nearest residential district property line; or d. On a lot that is part of a district of at least 600 feet of continuous commercial or industrial zoning fronting along the same side of the street as the lot, without interruption by a residence. 2. Duration of Message and Transitions. The sign message must remain static for a period of not less than 60 seconds. The transition from one message to the next must be direct and immediate, without any special effects including, but not limited to, dissolving, fading, scrolling, starbursts and wiping, which are prohibited. 3. Image Characteristics. Digital Graphic Signs may have a pitch of no greater than 20 millimeters between each pixel. 4. Luminance. Between sunrise and sunset, the maximum luminance may be foot-candles and between sunset and sunrise the maximum luminance may be foot-candles. All signs with a digital display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirement. C. Electronic Changeable Copy Sign. Electronic Changeable Copy Signs must be limited to letters and/or numbers only. The background of the Electronic Changeable Copy Signs must be black and the letters/numbers must be colored. 1. Location. Electronic Changeable Copy Signs must be located on a principal building wall or part of a Monument or Pylon Sign. If the Electronic Changeable Copy Sign is part of a Monument or Pylon Sign, the Electronic Changeable Copy portion must be part of the continuous display surface of the sign. 2. Duration of Message and Transitions. The message display on an Electronic Changeable Copy Sign must remain static for a period of not less than 60 seconds. The transition from one message to the next must be direct and immediate, without any special effects including but not limited to, dissolving, fading, scrolling, starbursts and wiping, which are prohibited. 3. Image Characteristics. Electronic Changeable Copy Signs may have a pitch of no greater than 20 millimeters between each pixel. 4. Luminance. Between sunrise and sunset, the maximum luminance may be foot-candles and between sunset and sunrise the maximum luminance may be foot-candles. All signs with a digital display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirement. Module No. 2 February 14, 2018 Page 90

91 D. Portable Signs. Portable Signs are considered Temporary Signs, but due to their unique physical and aesthetic characteristics are subject to the following restrictions: 1. Time limits for the display of Portable Signs must be specifically stated on the sign permit. 2. Portable Signs are permitted in the CN, CA, CD, CC, and ICS Districts. 3. Portable Signs may be displayed for a period up to 30 consecutive days and a total of 60 days per zoning lot in any calendar year. 4. There may be no more than one Portable Sign per lot. E. Temporary Signs. Temporary signs may be permitted in all zoning districts subject to the limitations found in this Section. These signs may remain installed on the property while the property is for sale or lease, and may remain until the real estate is sold or leased. 1. Number of Signs: Two signs per street frontage. 2. Maximum Gross Area: Six square feet. 3. Sign Setback: a. Front Yard: Zero feet. b. Side and Rear Yard: Follow specific regulations for accessory structures in Sec , Accessory Structures. 4. Height: a. Residential Districts. i. Signs Affixed to the Ground: May not exceed six feet. ii. Signs Affixed to a Wall: May not exceed the maximum height permitted for Wall Signs as stipulated in Sec , Off-Premise Signs, for Residential Districts. b. All Other Districts. See applicable District Regulations in Sec , On-Premise District Regulations. 5. Illumination: Temporary Signs may be externally illuminated. F. Subdivision Entry Signs. 1. Permitted On-Premise Signs: a. Monument Signs. 2. Number of Signs: One sign per subdivision entrance. 3. Maximum Gross Area: 40 square feet. 4. Sign Setback: a. Front Yard: Zero feet. b. Side and Rear Yard: Five feet. 5. Height: Six feet. 6. Illumination: Externally illuminated, or Halo Lit/Reverse Channel Lit. 7. Use Limitations: a. Must be located outside of applicable sight distance triangles; and any utility, drainage, and/or pedestrian/bicycle easements. b. May not be used to duplicate monument signs associated with street frontages and driveway entrances of Multiple-Family Dwelling Structures or Complexes, or Manufactured Home Parks. Module No. 2 February 14, 2018 Page 91

92 Sec , Prohibited Signs A. Prohibited in All Districts. The following signs are prohibited in all zoning districts, except as otherwise specified in this Division. 1. Animated Signs. Signs which consist of beacons, strobe lights, or search lights; or are animated by flashing, blinking, or traveling lights; or anything not providing constant color, brightness, and illumination; and rotating or moving signs; except as applies to permitted Digital Animated, Digital Graphic, Electronic Changeable Copy, and Tri-Vision Off-Premise Signs. 2. Vehicles and Trailers used as Signs. Signs that are placed on or painted on a vehicle or trailer whose primary function is to serve as a sign rather than as a vehicle or trailer used in the day-to-day operation of a business. Such vehicles or trailers may not be driven on the streets of the City and must not be parked so as to be visible from any public street or private drive of the City. 3. Signs in Rights-of-Way. Signs in the public rights-of-way and/or private drive unless otherwise specifically permitted by this Division. No sign that is exempt from these regulations may be permitted within the public rights-of-way and/or private drive. a. Street Banner Signs are prohibited, except when erected by the City or when authorized by an agreement entered into between the City and the sign owner. b. Sidewalk Signs are only allowed upon the public streets and rights-of-way of the City pursuant to and in compliance with the terms and conditions of a currently valid permit for the temporary use of a City sidewalk or public plaza issued by the City pursuant to ARTICLE VIII of Chapter 30 of the Code of Ordinances. 4. Emitting Signs. Signs that emit audible sound, odor, or matter, except as specifically approved for Digital Animated Signs. 5. Snipe Signs. Signs that are attached to a tree or utility pole. 6. Prohibited Signs. Signs that are prohibited by or are not specifically allowed by or exempted from these regulations. Sec , On-Premise District Regulations No commercial sign shall be permitted that does not specifically identify or relate to a legally-permitted or approved use of the property on which such sign is located. Sec A, Signs in the RE and RL Districts A. Permitted On-Premise Signs: Wall, Monument, and Temporary Signs. B. Number of Signs Permitted: One sign per dwelling unit. C. Maximum Sign Area: No sign shall exceed the following maximum surface area: 1. Wall Sign: Two square feet. 2. Monument Sign: Individual dwelling unit: six square feet. 3. Temporary Sign: Six square feet. D. Maximum Height: 1. Wall Sign: 10 feet. 2. Monument and Temporary Signs Affixed to the Ground: Six feet. E. Required Sign Setbacks: 1. Wall Sign: Same as the principle structure. Module No. 2 February 14, 2018 Page 92

93 2. Monument: a. Front Yard: 15 feet; 10 feet in the O-EN district. b. Side Yard: Three feet. c. Rear Yard: Five feet; 10 feet where the rear lot line abuts an alley. 3. Temporary Signs Affixed to the Ground: a. Front Yard: Zero feet. b. Side and Rear Yard: 15 feet. F. Illumination: External. Subsec B, Signs in the RM District. A. Permitted On-Premise Signs: Wall, Monument, and Temporary Signs. B. Number of Signs Permitted: 1. Wall Signs: a. Single-Family and Two-Family Dwellings: One sign per dwelling unit. b. Multiple-Family Dwelling: One sign per street frontage. c. Multiple-Family Dwelling Complex: One sign per street frontage. d. Manufactured Home Parks: One sign per street frontage located on a Manufactured Home Park office. 2. Monument Signs: a. Single-Family and Two-Family Dwellings: One sign per dwelling unit. b. Multiple-Family Dwelling: One sign per street frontage, except that Multiple-Family Dwellings in the RM district shall not have a monument sign. c. Multiple-Family Dwelling Complex: One sign per street frontage and one sign per driveway entrance, not to exceed two signs per street frontage. d. Manufactured Home Parks: One sign per street frontage and one sign per driveway entrance to the development, not to exceed two signs per street frontage. 3. Temporary Signs: a. Single-Family and Two-Family Dwellings: Two signs per dwelling unit. b. Multiple-Family Dwelling: Two signs per street frontage. c. Multiple-Family Dwelling Complex: Two signs per street frontage. d. Manufactured Home Parks: Two signs per street frontage. C. Maximum Sign Area: No sign shall exceed the following maximum surface area: 1. Wall Signs: a. Single-Family and Two-Family Dwellings: Two square feet. b. Multiple-Family Dwellings: Six square feet per sign per building; except that Multiple-Family Dwellings in the RH district may have Walls Signs that are a maximum of 12 square feet. c. Manufactured Home Parks: 12 square feet. 2. Monument Signs: a. Single-Family and Two-Family Dwellings: Six square feet per dwelling unit. Module No. 2 February 14, 2018 Page 93

94 b. Multiple-Family Dwellings: 20 square feet. c. Multiple-Family Dwelling Complex: 40 square feet. d. Manufactured Home Parks: 40 square feet. 3. Temporary Signs: a. Single-Family and Two-Family Dwellings: Six square feet. b. Multiple-Family Dwellings: 24 square feet. c. Multiple-Family Dwelling Complex: 32 square feet. d. Manufactured Home Parks: 32 square feet. D. Required Sign Setbacks: 1. Wall Signs: Same as the principle structure. 2. Monument Signs: a. Single-Family and Two-Family Dwellings: i. Front Yard: 15 feet. ii. Side Yard: Three feet. iii. Rear Yard: Five feet; 10 feet where the rear lot line abuts an alley. b. Multiple-Family Dwellings: 10 feet from any property line. c. Manufactured Home Parks: 10 feet from any property line. 3. Temporary Signs: a. Front Yard: Zero feet. b. Side and Rear Yard: 15 feet. E. Maximum Height: 1. Wall Signs: a. Single-Family, Two-Family, and Multiple-Family Dwellings: 10 feet. b. Multiple-Family Dwelling Complex: Below the roof eave overhang. c. Mobile Home Parks: Below the roof line of the office building. 2. Monument and Temporary Signs Affixed to the Ground: Six feet. F. Illumination: External. G. Time Limitation on Temporary Signs over Six Square Feet in Area: 1. A total of 60 consecutive days, two times per calendar year. 2. Temporary Signs over six square feet in area shall be registered with the City prior to being displayed, as per the process and forms provided by the City. Subsec C, Signs for Certain Uses in the RE, RL, and RM Districts A. Permitted On-Premise Signs: Wall, Manual Changeable Copy, Monument, Pylon, and Temporary Signs. B. Conditional Use On-Premise Signs. Signs shall include an Electronic Changeable Copy Sign for Institutional Uses. C. Number of Signs Permitted: 1. Wall Sign: Two signs per street frontage. Module No. 2 February 14, 2018 Page 94

95 2. Manual Changeable Copy Sign: One sign per lot, unless an Electronic Changeable Copy Sign has been approved in which case the Manual Sign shall be replaced by the Electronic Changeable Copy Sign. 3. Monument or Pylon Sign: One sign per street frontage. 4. Temporary Sign Affixed to a Wall: One sign per street frontage. 5. Temporary Sign Affixed to the Ground: Two signs per street frontage. 6. Electronic Changeable Copy Sign: One sign per lot, which shall be included in the total number of signs permitted. D. Maximum Sign Area: No sign shall exceed the following maximum surface area: 1. Wall Signs: 40 square feet, except that Bed and Breakfast Homes and Inns are limited to a maximum 12 square foot sign. 2. Monument and Pylon Signs: 40 square feet, except that Bed and Breakfast Homes and Inns are limited to a maximum 12 square foot sign. 3. Temporary Sign: 32 square feet. 4. Electronic Changeable Copy Sign: 16 square feet, which shall be included in the calculation of the total sign area. E. Required Sign Setbacks: 1. Wall Sign: Same as the principle structure. 2. Monument and Pylon Signs: 15 feet from any property line; 10 feet in the O-EN district. 3. Temporary Sign: a. Front Yard: Zero feet. b. Side and Rear Yard: 15 feet. F. Maximum Height: 1. Wall Sign: a. Residential Uses: 10 feet. b. All Other Uses: Below the roof eave overhang. 2. Monument and Temporary Signs Affixed to the Ground: Six feet. 3. Pylon Sign: 15 feet. G. Illumination: 1. All Permanent Signs associated with Residential Uses may be externally illuminated. 2. Monument Signs associated with all other uses may be internally or externally illuminated. 3. Wall Signs associated with all other uses may be externally illuminated, or internally illuminated utilizing Halo Lit or Reverse Channel Lit Signs. 4. Temporary Signs may be externally illuminated. 5. Electronic Changeable Copy Signs shall be internally illuminated. Subsec D, Signs in the RC District A. Permitted On-Premise Signs. 1. Awning and Canopy Signs; 2. Pedestrian Sign; 3. Sidewalk Sign; 4. Temporary Sign; Module No. 2 February 14, 2018 Page 95

96 5. Wall Sign; and 6. Window Sign. B. Number of Signs Permitted. 1. Primary Residential Use: One sign per street facing façade. 2. Accessory Uses: Two signs per street-facing establishment facade, provided there shall be no more than one of any single type per establishment facade. In addition, one pedestrian sign per street frontage shall be permitted per accessory use establishment. C. Maximum Sign Area: No sign shall exceed the following maximum surface area. 1. Primary Residential Use: 40 square feet. 2. Accessory Uses: a. Pedestrian Sign: Four square feet. b. Window Sign: 25 percent of the window area to which the sign is permanently attached. c. Sidewalk Sign: Nine square feet in total surface area and no more than five and one-half feet tall as measured from the sidewalk surface. d. All Other Permitted Signs: The total area of all other signs added together shall not exceed five percent of the establishment s first floor building facade surface area to which they are associated. In no case shall a sign exceed 100 square feet. D. Maximum Height. 1. Wall Sign: a. A wall sign associated with primary residential use shall not project above the building facade on which it is attached or above the top of the third-floor façade, whichever is lower. b. A wall sign associated with an accessory use establishment shall not project above the top of the ground floor façade of the establishment. 2. Awning or Canopy Sign: Shall only be located on ground floor awnings and canopies and may not extend above, below, or beyond the awning or canopy to which they are attached. 3. Pedestrian Sign: a. The top of the sign shall be no higher than 10 feet above the sidewalk; b. The bottom of the sign shall not extend below eight feet above the sidewalk; c. Pedestrian Signs attached directly to a building wall shall project no more than four feet beyond the point at which the sign is attached to the building and must be placed perpendicular to the building surface to which it is attached; and d. No pedestrian sign shall project beyond the awning to which it is attached. E. Required Sign Setback: No sign may extend over the public right-of- way, or be located in a pedestrian easement. 1. Awning or Canopy Sign: Shall follow the setbacks resulting from (D)(2), above, and Sec , Residential Core (RC) District. 2. Wall and Window Sign: Shall follow the setback of the building on which they are located. 3. Pedestrian Sign. Shall follow the setback resulting from (D)(3)(c), above. 4. Sidewalk Sign. May only be located on private property in the applicable spill out zone and may not be located in a pedestrian easement. F. Awning and Canopy Signs: All signs shall only be located on that part of the awning or canopy which is parallel to the public right-of-way, except that pedestrian signage shall be permitted on the end of an awning or canopy. Module No. 2 February 14, 2018 Page 96

97 G. Illumination: Permanent signs may be externally illuminated, or internally illuminated utilizing halo-lit or reversechannel-lit signs. {only halo or reverse channel?} Subsec E, Signs in the CR District. A. Permitted On-Premise Signs: 1. Awning and Canopy Signs; 2. Manual Changeable Copy Sign; 3. Monument Sign; 4. Pylon Sign; 5. Temporary Sign;. 6. Wall Sign; and 7. Window Sign. B. On-Premise Signs. Signs shall include an Electronic Changeable Copy Sign. C. Number of Signs Permitted: 1. Monument or Pylon Sign: One sign per lot and per street frontage. 2. Electronic Changeable Copy Sign: One per lot or parcel, which shall be included in the total number of signs permitted. 3. All Other Permitted Signs: One sign per business per street frontage from the list of permitted on-premise, excluding monument, pylon sign or electronic changeable copy signs. 4. Temporary Sign: Two per lot. D. Maximum Sign Area: No sign shall exceed the following maximum surface area. 1. The total permanent sign area of all signs on a zoning lot shall not exceed one (1) square foot for each one (1) foot of linear street frontage for each separate street frontage. Total allowed sign areas shall not be combined and applied in whole or in part to one (1) street frontage on zoning lots or parcels with more than one (1) street frontage. No sign shall exceed two-hundred (200) square feet in area. 2. Electronic Changeable Copy Sign: No more than sixteen (16) square feet. Electronic Changeable Copy Signs shall be included in the calculation of the total permitted sign area. 3. Temporary Signs: Thirty-two (32) square feet. E. Required Sign Setback: All signs shall have a minimum setback of ten (10) feet from any property line. F. Maximum Height: 1. Electronic Changeable Copy Sign: Notwithstanding maximum sign heights in this zoning district, the maximum height of an electronic changeable copy sign attached to a building façade shall be 14 feet, or the top of the facade, whichever is less. 2. Monument Sign: Six feet. 3. Temporary Sign Affixed to the Ground: Six feet. 4. All Other Permitted Signs: 30 feet provided no portion of any sign structure shall extend above the roof peak or parapet line of the principal structure. G. Illumination: 1. Permanent Signs may be internally or externally illuminated. 2. Temporary Signs may be externally illuminated. Module No. 2 February 14, 2018 Page 97

98 Subsec F, Signs in the CN District. A. Permitted On-Premise Signs: 1. Awning, Canopy, and Marquee Signs; 2. Manual or Electronic Changeable Copy Signs; 3. Digital Graphic Sign; 4. Island Canopy Sign; 5. Monument Sign; 6. Portable Sign, as per Sec , Standards for Specific Sign Types. 7. Pylon Sign; 8. Temporary Sign; 9. Wall Sign; and 10. Window Sign. B. Number of Signs Permitted: 1. Monument or Pylon Sign: One sign per lot and per street frontage. If a lot has street frontage along a single street that is greater than 600 linear feet, one additional sign shall be permitted within each increment of 600 linear feet. 2. Island Canopy Sign: a. Canopy Fascia: No more than two signs per canopy fascia, which shall not project above, below, or beyond the perimeter of the fascia to which it is attached. b. Spanner and Sign Boards: No limit. All spanner and sign boards shall be permanently mounted on or between the canopy support poles and in all cases below the canopy. 3. Temporary Sign: Three per business. 4. All Other Permitted Signs: One sign per sign per establishment, excluding monument, pylon and island canopy signs.. C. Maximum Sign Area: No sign shall exceed the following maximum surface area. 1. Monument or Pylon Sign: The maximum area of all of these signs on a single lot shall not exceed one square foot for each one foot of linear street frontage for each separate street frontage. Total allowed sign areas shall not be combined and applied, in whole or in part, to one street frontage on lots or parcels with more than one street frontage. In no case shall a sign exceed 200 square feet in area 2. Island Canopy Sign: a. Canopy Fascia: The total surface area of all signs on a single common canopy fascia shall not exceed 30 percent of the area of the canopy fascia on which signs are attached; and b. Spanner and Sign Boards: The total surface area of all Spanner and Sign Boards shall not exceed a total of 50 square feet per island canopy. 3. Electronic Changeable Copy Sign: No more than 32 square feet, which shall be included in the calculation of the total permitted sign area. 4. Digital Graphic Sign: No more than 32 square feet, which shall be included in the calculation of the total permitted sign area. 5. All Other Permitted Signs: The total area of all other signs added together shall not exceed 30 percent of the surface area of the establishment s façade to which they are attached, except that sign(s) located on a rear façade facing a public street shall not exceed 40 square feet in area. In no case shall a sign exceed 200 square feet in area. Module No. 2 February 14, 2018 Page 98

99 D. Required Sign Setback: 1. Island Canopy Sign: As close as six feet from the front property line. 2. Temporary Sign: Zero feet. 3. All Other Signs. 10 feet from any property line. E. Maximum Height: 1. Monument: Six feet. 2. Pylon: 30 feet. 3. Spanner and Sign Boards: Shall be permanently mounted on or between the canopy support poles and in all cases below the canopy. 4. Digital Graphic Signs or Electronic Changeable Copy Signs: a. Attached to a Building Façade. No higher than 14 feet, or the top of the facade, whichever is less. b. Attached to a Pylon Sign. A maximum height of 30 feet. c. Attached to an Island Canopy. Shall not project above or below the canopy fascia. 5. All Other Permitted Signs: Shall not extend above the roof peak or parapet line of the principal structure and in no case higher than 30 feet. F. Illumination: 1. Permanent Signs may be internally or externally illuminated. 2. Temporary Signs may be externally illuminated. Subsec G, Signs in the CA and CD Districts A. Permitted On-Premise Signs. 1. Awning, Canopy and Marquee Signs; 2. Manual or Electronic Changeable Copy Signs in Aggieville; 3. Manual Changeable Copy Signs in Downtown; 4. Digital Graphic Sign; 5. Island Canopy Sign; 6. Monument Sign; 7. Pedestrian Sign; 8. Portable Sign as per Sec , Standards for Specific Sign Types. 9. Projecting Sign; 10. Pylon Sign; 11. Roof Sign; 12. Sidewalk Sign for which a permit has been received pursuant to ARTICLE VIII of Chapter 30 of the Code of Ordinances; 13. Temporary Sign; 14. Wall Sign; and 15. Window Sign. Module No. 2 February 14, 2018 Page 99

100 B. On-Premise Signs: 1. Aggieville. Digital Animated Sign during special public events (see Sec , Standards for Specific Sign Types). 2. Downtown. Electronic Changeable Copy Sign. C. Number of Signs Permitted: 1. Aggieville. a. Electronic Changeable Copy, Digital Graphic, or Digital Animated Sign. One per lot. b. Temporary Sign: Three per business. c. All Other Permitted Signs: No limitation. 2. Downtown. Two signs per establishment facade, provided there shall be no more than one of any single type per establishment facade. In addition, one Pedestrian Sign per street frontage shall be permitted per establishment. D. Maximum Sign Area: No limitation, except as follows: 1. Aggieville. a. Electronic Changeable Copy Sign, Digital Graphic, or Digital Animated Signs: No more than 32 square feet. b. All Other Permitted Signs: No individual sign shall exceed 260 square feet. 2. Downtown. a. Pedestrian Sign: Four square feet. b. Window Sign: 25 percent of the window area to which the sign is permanently attached. c. Electronic Changeable Copy Sign: No more than 16 square feet, which shall be included in the calculation of the total permitted sign area. d. All Other Permitted Signs: The total area of all other signs added together shall not exceed 20 percent of the first floor building facade surface area to which they are associated. In no case shall a sign exceed 200 square feet. E. Maximum Height: 1. Aggieville. a. Electronic Changeable Copy, Digital Graphic, and Digital Animated Signs Attached to a Building Façade: No higher than the top of the façade or parapet line. b. All Other Signs: Shall not project more than 15 feet above the highest point of the building with which it is associated or upon which it is located. 2. Downtown. a. Monument Sign: Six feet. b. Pylon Sign: 30 feet, except no sign shall extend above the highest point of the building with which it is associated. c. Wall Sign: Shall not project above the building facade on which they are attached. d. Awning, Canopy, or Marquee Signs: Shall not extend above, below, or beyond the awning, canopy, or marquee to which they are attached. e. Pedestrian Sign: 1. The top of the sign shall be no higher than 10 feet above the sidewalk. 2. The bottom of the sign shall not extend below eight feet above the sidewalk. Module No. 2 February 14, 2018 Page 100

101 3. Pedestrian Signs attached directly to a building wall shall project no more than four feet beyond the point at which the sign is attached to the building and must be placed perpendicular to the building surface to which it is attached. 4. No pedestrian sign shall project beyond the awning or marquee to which it is attached. f. Temporary Sign Affixed to the Ground: Six feet. F. Required Sign Setback: 1. Aggieville. No minimum setback. Signs located on a building wall, where the building is located at the property line, may project over the public right-of-way no more than five feet. 2. Downtown. No minimum setback. G. Awning, Canopy, and Marquee Signs. 1. Aggieville and Downtown. See Sec , Aggieville. 2. Downtown. All signs shall only be located on that part of the awning, canopy, or marquee which is parallel to the public right-of-way except that pedestrian signage shall be permitted on the end of an awning, canopy or marquee. H. Illumination: 1. Permanent Signs may be internally or externally illuminated. 2. Temporary Signs may be externally illuminated. Subsec H, Signs in the CC and ICS Districts A. Permitted On-Premise Signs. 1. Awning, Canopy and Marquee Signs; 2. Manual or Electronic Changeable Copy Signs; 3. Digital Graphic Sign; 4. Island Canopy Sign; 5. Monument Sign; 6. Portable Sign; 7. Pylon Sign; 8. Temporary Sign; 9. Wall Sign; and 10. Window Sign. B. Permitted Off-Premise Signs. See Sec , Off-Premise Signs. C. Number of Signs Permitted: No limitation, except: 1. Awning, Canopy and Marquee Signs. No more than three per business facade. 2. Electronic Changeable Copy or Digital Graphic Signs: One per lot. 3. Island Canopy Sign. a. Canopy Fascia. No more than two signs per canopy fascia. b. Spanner and Sign Boards. No limit. Shall be permanently mounted on or between the canopy support poles and in all cases below the canopy. 4. Monument or Pylon Sign. One per lot or parcel per street frontage. Module No. 2 February 14, 2018 Page 101

102 5. Temporary Signs: Three signs per lot. D. Maximum Sign Area: The total surface area of all signs on a street frontage shall not exceed four square feet for each linear foot of street frontage, provided no single sign shall be greater than 260 square feet in surface area. The total allowed sign areas shall not be combined and applied, in whole or in part, to one street frontage on lots or parcels with more than one street frontage. The following individual sign standards are included in the calculation of the total surface area of all signs: 1. Awning and Wall Signs. The total surface area of all signs on a facade shall not exceed 15 percent of the facade to which the signs are attached. 2. Digital Graphic Signs: 32 square feet. 3. Electronic Changeable Copy Signs: 32 square feet. 4. Island Canopy Signs: a. Canopy Fascia: The total surface area of all signs on a single common canopy fascia shall not exceed 30 percent of the area of the canopy fascia on which signs are attached. b. Spanner and Sign Boards: The total surface area shall not exceed a total of 50 square feet of signage per island canopy. 5. Monument Sign. 50 square feet. 6. Pylon Sign. 100 square feet. E. Maximum Height: 1. Awning, Canopy or Marquee Signs: Shall not extend above, below, or beyond the awning, canopy, or marquee nor above the highest point of the wall to which the sign is attached. 2. Electronic Changeable Copy and Digital Graphic Signs: a. Attached to a Building Façade: 14 feet, or the top of the facade, whichever is less. b. Attached to a Pylon Sign: 30 feet. c. Attached to an Island Canopy: Shall not project above or below the canopy fascia. 3. Island Canopy Sign: Shall not project above, below, or beyond the perimeter of the canopy fascia. 4. Island Spanner and Sign Boards: Permanently mounted on or between the canopy support poles and in all cases below the canopy. 5. Monument Sign: Six feet above the ground. 6. Pylon Signs: No part of the sign shall project above the highest point of the building for which it serves and in no case more than 25 feet above ground level. 7. Temporary Sign Affixed to the Ground: No part of the sign shall project above the highest point of the building for which it serves. 8. Wall Sign: Shall not project above the building facade on which the sign is attached. F. Illumination: Signs may be internally or externally illuminated. G. Required Sign Setbacks: 1. No sign shall project over the public right-of-way. 2. Signs greater than 200 square feet in surface area shall be set back the required distance for the principal structure. 3. Certain Sign Types. a. Island Canopy Signs shall be set back a minimum of six feet from the front property line; b. Temporary signs may be set back zero feet from a property line; Module No. 2 February 14, 2018 Page 102

103 c. Wall signs setbacks shall be the same as the principal structure; and d. All other permanent signs shall be set back 10 feet from any property line. Subsec I, Signs in the BP and IL Districts A. Permitted On-Premise. 1. Awning and Canopy Signs; 2. Manual Changeable Copy Sign; 3. Monument Sign; 4. Pylon Sign; 5. Temporary Sign; 6. Wall Sign; 7. Window Sign. B. Number of Signs Permitted: 1. Awning, Canopy, and Wall Signs: One of these signs is allowed per street frontage, except that such sign shall be prohibited on any wall facing an abutting residential district. 2. Lots with 1,000 Linear Feet or Less of Street Frontage: Two signs. 3. Lots with More than 1,000 Linear Feet of Street Frontage: Three signs. 4. Temporary Sign: One temporary sign per lot. C. Maximum Sign Area: No sign shall exceed the following maximum surface area: 1. For any permanent sign set back 10 to 15 feet: 50 square feet. 2. An increase of 10 square feet of sign surface area shall be allowed for each three feet of setback in excess of 15 feet, provided no single permanent sign shall be larger than 260 square feet. 3. Temporary Signs: 24 square feet. D. Maximum Height: 1. Awning and Canopy Signs: Shall not extend above, below, or beyond the awning or canopy to which they are attached. 2. Monument Sign: Six feet. 3. Pylon Sign: 30 feet. 4. Wall Sign: Shall not project above the building facade to which it is attached. 5. Temporary Signs Affixed to the Ground: Six feet. E. Illumination. Signs may be internally or externally illuminated. F. Required Sign Setback: 15 feet from any property line. Subsec J, Signs in the IG District. A. Permitted On-Premise Signs. 1. Awning and Canopy Signs; 2. Manual Changeable Copy Sign; 3. Monument Sign; Module No. 2 February 14, 2018 Page 103

104 4. Pylon Sign; 5. Temporary Sign; and 6. Wall Sign. B. Permitted Off-Premise Signs. See Sec.VII.3-22, Off-Premise Signs. C. Number of Signs Permitted: 1. Awning, Canopy, Manual Changeable Copy and Wall Signs: No more than two signs per building facade. 2. Monument or Pylon Signs: No more than one per street frontage. 3. Temporary Sign: Three per parcel or lot. D. Maximum Sign Area: No sign shall exceed the following maximum surface area: 1. Awning, Canopy, Manual Changeable Copy, and Wall Signs: The total surface area of all signs on a facade shall not exceed 15 percent of the total surface area of the facade upon which the signs are attached, provided that no sign shall exceed 260 square feet in area. 2. Monument Sign: 50 square feet per sign. 3. Pylon Sign: 80 square feet per sign. 4. Temporary Sign: 32 square feet per sign. E. Maximum Height: 1. Awning, Canopy, and Wall Signs: May not project above the highest point of the wall to which they are attached. 2. Monument Sign: Six feet. 3. Pylon Sign: No part of the sign may project above the highest point of the building for which it serves and in no case more than 25 feet. 4. Temporary Sign Affixed to the Ground: Six feet. F. Required Sign Setback: 1. Awning and Canopy Signs: Maximum four feet from the building facade. 2. Manual Changeable Copy, Monument, and Pylon Signs: 10 feet from any property line. 3. Temporary Sign: Zero feet. 4. Wall Sign: Maximum one foot from the building facade. G. Illumination: Signs may be internally or externally illuminated. Subsec K, Signs in a PD Floating Zone A. Established by Ordinance. The regulations pertaining to signage located in a PD floating zone shall be set forth in the Ordinance establishing the PD. B. Sign Types. The applicant shall consider all types of signs and identify permitted, temporary, and prohibited signs as a part of the application documents. In establishing such regulations the MUAPB and City Commission shall, as a general rule, consider: 1. Residential PD's: The restrictions apply as set out in the most applicable of: a. Sec , Signs in the RE and RL Districts; b. Subsec B, Signs in the RM District; or c. Subsec C, Signs for Certain Uses in the RE, RL, and RM Districts. Module No. 2 February 14, 2018 Page 104

105 2. Commercial PD's: The restrictions apply as set out in the sign provisions of the BC, CN, CA, CD, CC, or ICS districts that are most similar in nature and character of the proposed PD, or the CN District, whichever is more strict; 3. Industrial PD's: The restrictions apply as set out in Subsec I, Signs in the BP and IL Districts. C. Amendments. Signs within a PD floating zone may be amended through the process set out in Sec , Minor Modifications, and do not warrant a Major PD Amendment. An applicant may apply for minor modifications that alters the design, materials, locations, placements, orientations, and specifications of the signs approved as part of the planned development site plan. The Zoning Administrator may approve the minor modification(s) if the proposed modifications reflect the intent of the planned development approval, and the modification(s) do not increase the area or height of any approved sign by more than 10 percent. If, in the determination of the Zoning Administrator, a proposed modification is inconsistent with the intent of the original site plan or exceeds the area or height of an approved sign, then the Zoning Administrator may require application subject to the provisions of Sec , Major PD Amendment. Subsec L, Signs in the UC District The intent of this Subsection is to regulate signs on educational and research campuses associated with institutions when such signs are located along, and are intended to be visible and read from, abutting or nearby public street rights-of-way or private drives that generally form the perimeter or boundary of such campus, or are along an Arterial or Collector Street Corridor passing through such campus. All other signs located in the interior of a campus setting are exempt from this Division. A. Permitted On-Premise Signs. 1. Awning and Canopy Signs; 2. Digital Graphic Sign; 3. Manual or Electronic Changeable Copy Sign; 4. Monument Sign; 5. Pylon Sign; 6. Temporary Sign; and 7. Wall Sign. B. Number of Permitted Signs: 1. Awning, Canopy and Wall Signs: No limit. 2. Electronic or Manual Changeable Copy or Digital Graphic Sign: One per campus. 3. Monument Sign: One sign per entrance onto a public street. 4. Pylon Sign: One per 600 feet of linear street frontage along a single street. 5. Temporary Sign: One per street frontage per lot. C. Maximum Sign Area: No sign shall exceed the following maximum surface area. 1. Awning, Canopy and Wall Signs: The total surface area of all awning, canopy and wall signs located on a street facing building facade shall not exceed 20 percent of the façade s surface area. 2. Digital Graphic and Electronic Changeable Copy Signs: 32 square feet. 3. Monument and Pylon Signs: The total surface area shall not exceed one square foot for each one foot of linear street frontage on which the sign abuts, except that such sign shall not exceed 260 square feet. 4. Temporary Sign: 50 square feet. Module No. 2 February 14, 2018 Page 105

106 D. Required Sign Setback: 1. Permanent Sign: 15 feet from any property line. 2. Temporary Sign: a. Front Yard: Zero feet. b. Side and Rear Yards: 15 feet. E. Maximum Height: 1. Awning, Canopy and Wall Signs: Shall not extend above the façade of the building or wall to which they are attached. 2. Monument Sign: Six feet. 3. Pylon Sign: 20 feet. F. Illumination: Signs may be internally or externally illuminated. Sec , Off-Premise Signs A. Permitted Districts: CC, ICS, IL, and IG. B. Permitted Off-Premise Signs: 1. Monument Sign; 2. Pylon Sign; 3. Wall Sign; and 4. Tri-Vision Sign. C. Sign Separation: The minimum spacing between Off-Premise Signs must be 800 feet radial distance, measured from any part of the sign to the nearest portion of any part of any other Off-Premise Sign. D. Separation from Residential Districts: Off-Premise Signs must be no closer than 200 feet to a residential district. E. Required Sign Setback: 1. Front and Rear Yard: 25 feet. 2. Side Yard: Must follow the applicable minimum side yard setback requirements as cited in Sec , On- Premise District Regulations. F. Maximum Surface Area: 260 square feet. G. Height: 1. Wall Sign: Must not project above the building facade on which they are attached. 2. Monument Sign: Six feet. 3. Pylon Sign: 30 feet. 4. Tri-Vision Sign: Must not exceed the maximum height limitations for an Off-Premise Wall, Monument, or Pylon Signs depending upon the applicable sign type. H. Illumination: Sign illumination may be external and must be directed upward. I. Use-limitations: 1. Off-Premise Signs must be: a. Located on a parcel, tract, or lot that conforms to the minimum lot size requirements of the zoning district in which the sign is located; b. Oriented towards the abutting street; and Module No. 2 February 14, 2018 Page 106

107 c. Constructed using a uni-pole design. 2. The surface area of Off-Premise Pylon Signs do not count towards the permitted maximum surface area for all signs associated with a separate principal use located on the same property. 3. The surface area of Off-Premise Monument and Wall Signs must count towards the total permitted surface area for all signs associated with a separate principal use located on the same property. 4. Off-Premise Sign faces must not be placed side-by-side, or in a vertical position with one structure atop the other. 5. Double-Faced Off-Premise Signs having nonparallel faces must be constructed so that the angle between the sign faces does not exceed 24 degrees and the total distance between the open ends of the faces does not exceed 10 feet. 6. Off-Premise Signs must not incorporate any of the following displays: a. Electronic Changeable Copy Sign; b. Digital Graphic Sign; or c. Digital Animated Signs. 7. Any trim surrounding an Off-Premise Sign face and any extension(s) of the display surface must be included in the maximum allowed surface area. The sign base, structural members, and supports must be excluded from the maximum surface area, provided they do not constitute part of the display message. 8. Tri-Vision Sign message displays must remain static for a period of not less than 60 seconds. The transition from one message to the next must be direct and immediate. Special effects, such as transitioning the message in a wave or scrolling method, are prohibited. This minimum requirement must be certified by the sign manufacturer at the time of the Sign Permit application. 9. Tri-Vision Signs must only be located along state-designated Freeways/Expressways and Principal Arterials having a posted speed limit of 55 miles per hour or greater at the location of the sign. Division , OUTDOOR LIGHTING Sec General Lighting Requirements A. Purpose. This Division provides regulations for outdoor lighting that will: 1. Permit the use of outdoor lighting consistent with recommendations by generally accepted engineering practices, such as those recommended by the International Dark Sky Association (IDA) and Illuminating Engineering Society of North America (IES); 2. Accommodate lighting as needed for night-time safety, utility, security, productivity, enjoyment, and commerce; 3. Minimize adverse offsite impacts of lighting such as light trespass and obtrusive light; 4. Curtail light pollution, reduce sky glow, and improve the nighttime environment for astronomy; 5. Help protect the natural environment from the adverse effects of night lighting from gas or electric sources; and 6. Conserve energy and resources to the greatest extent possible. B. Applicability. 1. Required Conformance. The maximum permitted illumination and the maximum permitted luminaire height must conform to the standards of this Section. 2. Exemptions. This Section does not apply to: Module No. 2 February 14, 2018 Page 107

108 a. Lighting within a public right-of-way or easement for the principal purpose of illuminating streets or roads, for which this exemption does not apply to any lighting within the public right-of-way or easement when the purpose is to illuminate areas outside the public right-of-way or easement; b. Lighting for public monuments and statuary; c. Lighting solely for signs, which is regulated by Division , Signs; d. Repairs to existing luminaires not exceeding 25 percent of total installed luminaires; e. Temporary lighting for theatrical, television, performance areas and construction sites. f. Underwater lighting in swimming pools and other water features; g. Temporary lighting if the individual lamps are less than 10 watts and 70 lumens; h. Lighting that is only used under emergency conditions; i. Low voltage landscape lighting controlled by an automatic device that is set to turn the lights off at one hour after the site is closed to the public or at a time established by the City; j. Lighting specified or identified in a conditional use permit; and k. Lighting required by federal or state laws or regulations. C. Cut-off Requirements (see Figure , Types of Light Fixtures) 1. Full Cut-Off Required. Except as otherwise allowed in this Division, all luminaires (including, but not limited to street, alley, parking lot, security, walkway, and building) must be cut-off fixtures. 2. Decorative Lighting. "No cut-off" luminaires may be used only for decorative purposes if: a. They produce no more than 1,500 foot-candles (approximately equal to a 100 watts incandescent bulb); and b. They have a maximum height of 15 feet. 3. Amenity Lighting. a. Lighting fixtures that illuminate landscape plantings, pedestrian walkways, signage, or product display areas must conform to the full cut-off fixture requirement, and may not be mounted at a height greater than 15 feet above ground; b. Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform must use a narrow cone beam of light that will not extend beyond the illuminated object; and c. For upward-directed architectural, landscape, and decorative lighting, direct light emissions may not be visible above the primary building roof line. Module No. 2 February 14, 2018 Page 108

109 Figure Types of Light Fixtures D. Maximum Freestanding Fixture Height. No freestanding light fixture may be greater than 25 feet in height, except as set out in Sec , Outdoor Recreation and Commercial Amusement Lighting. E. Illumination. 1. Maximum Illumination. a. No ground point on a site may be illuminated with a light intensity greater than five foot-candles. b. Outdoor lighting must be deflected, shaded, and focused away from abutting properties and may not exceed 0.3 foot-candle measured at the nearest property line or public street curb. 2. Ground-Level Luminance. The ground-level luminance ratio (the ratio between the luminance of the brightest point on the property and the darkest point on the property) may not exceed the maximum-to-minimum ratios set out in Table , Parking Lot Lighting. F. Lighting for Residential Areas. 1. Limitations For properties within the RH and RC districts, outside luminaires shall be fully-shielded and shall not exceed the allowed outputs set out in Table , Lighting Limits for Residential Areas. 2. Exceptions. This Subsection F does not apply to: a. Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the area is vacated; and b. Relative to the allowed output in Table , Lighting for Residential Areas: 1. One partly-shielded or unshielded luminaire at the main entry; 2. Any other partly-shielded or unshielded luminaires; 3. Low voltage landscape lighting aimed away from adjacent properties; and 4. Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties. Module No. 2 February 14, 2018 Page 109