CHAPTER 27 - PLANNING AND DEVELOPMENT [1]

Size: px
Start display at page:

Download "CHAPTER 27 - PLANNING AND DEVELOPMENT [1]"

Transcription

1 CHAPTER 27 - PLANNING AND DEVELOPMENT [1] Footnotes: --- (1) --- Cross reference Uniform datum and benchmark, 1-7; buildings and building regulations, Ch. 8; development review committee, et seq.; mining, Ch. 21; oil and gas wells, Ch. 24. ARTICLE I - IN GENERAL Secs Reserved. ARTICLE II - PLANNING COMMISSION [2] Footnotes: --- (2) --- Cross reference Boards, commissions, etc., et seq. State Law reference Planning commission, K.S.A et seq. Sec Creation, membership, terms, vacancies. The planning commission of the unified government is established. Such planning commission shall consist of 11 members occupying positions to be numbered one through 11. (Code 1988, 27-26; Ord. No , 1(27-1.1), ; Ord. No , 1, ; Ord. No. O-68-98, 1, ) State Law reference planning commission authorized, K.S.A Sec Meetings, chairman, record. 1

2 The members of the planning commission shall meet at such time and place as may be fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairman who shall serve one year and until their successors have been elected. A secretary also shall be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. Unless otherwise provided by this article, no action by the planning commission shall be taken except by a majority vote of the membership thereof. A record of all proceedings of the planning commission shall be kept. The commission may employ such persons deemed necessary and may contract for such services as the commission requires. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission. (Code 1988, 27-27; Ord. No , 1(27-1.3), ; Ord. No , 1, ; Ord. No , 2, ) State Law reference similar provisions, K.S.A Sec Mileage reimbursement. Each member of the planning commission shall receive $ each month for mileage reimbursement for the use of his vehicle in the performance of his duties. (Code 1988, 27-28; Ord. No. O-68-98, 3, ; Ord. No. O-69-01, 1, ) Sec Comprehensive plan. A. The planning commission may adopt and amend a comprehensive plan as a whole by a single resolution, or by successive resolutions, the planning commission may adopt or amend parts of the plan. Such resolution shall identify specifically any written presentations, maps, plats, charts or other materials made a part of such plan. In the preparation of such plan, the planning commission shall make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population and building intensity, public facilities, transportation and transportation facilities, economic conditions, natural resources and may include any other element deemed necessary to the comprehensive plan. Such proposed plan shall show the commission's recommendations for the development or redevelopment of the territory including: 1. The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings, and other community facilities, major utility facilities, both public and private, and any other use deemed necessary. 2. Population and building intensity standards and restrictions of the application of the same. 3. Public facilities, including transportation facilities of all types, whether publicly or privately owned, which relate to the transportation of persons or goods. 4. Public improvement programming based upon a determination of relative urgency. 5. The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private. 6. Utilization and conservation of natural resources. 7. Any other element deemed necessary to the proper development or redevelopment of the area. 2

3 B. Before adopting or amending any such plan or part thereof, the planning commission shall hold a public hearing thereon, notice of which shall be published at least once in the official unified government newspaper. Such notice shall be published at least 20 days prior to the date of the hearing. Upon the adoption or amendment of any such plan or part thereof by adoption of the appropriate resolution by the planning commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the unified government board of commissioners. No comprehensive plan shall be effective unless approved by the unified government board of commissioners as provided by this section. The unified government board of commissioners either may: 1. Approve such recommendations by ordinance; 2. Override the planning commission's recommendation by a two-thirds majority vote; or 3. Return the same to the planning commission for further consideration, together with a statement specifying the basis for the unified government board of commissioners' failure to approve or disapprove. If the unified government board of commissioners returns the planning commission's recommendations, the planning commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the unified government board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by the respective ordinance or resolution, or it need take no further action thereon. If the planning commission fails to deliver its recommendations to the unified government board of commissioners following the planning commission's next regular meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendations and proceed accordingly. The comprehensive plan and any amendments thereto shall become effective upon publication of the respective adopting ordinance. C. At least once each year, the planning commission shall review or reconsider the plan or any part thereof and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. (Code 1988, 27-29; Ord. No , 1(27-1.4), ; Ord. No , 3, ) State Law reference similar provisions, K.S.A Sec Approval of construction of public facility or utility. A. Except as provided in subsection (b) of this section, whenever the planning commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be construed without first being submitted to and approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within 60 days, the project shall be deemed to have been approved by the planning commission. If the planning commission finds that any such proposed public improvement, facility or utility does not conform to the plan, the commission shall submit in writing to the unified government board of commissioners, the manner in which such proposed improvement, facility or utility does not conform. The unified government board of commissioners may override the plan and the report of the planning commission, and the plan for the area concerned shall be deemed to have been amended. B. Whenever the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendations of the 3

4 comprehensive plan or portion thereof is in conformity with such plan, no further approval by the planning commission is necessary under this section. (Code 1988, 27-30; Ord. No , 1(27-1.5), ; Ord. No , 4, ) Cross reference Sewers and sewage disposal, Ch. 30; streets and sidewalks, ch.32. State Law reference similar provisions, K.S.A Secs Reserved. ARTICLE III - BOARD OF ZONING APPEALS [3] Footnotes: --- (3) --- Cross reference Boards, commissions, etc., et seq.; appeals, State Law reference Board of zoning appeals, K.S.A Sec Board continued; compensation. The board of zoning appeals is continued. The members of the board shall serve without compensation. (Code 1988, 27-46; Ord. No , 1(27-3, ), ; Ord. No. O-76-98, 1, ) Sec Members, officers and meetings. A. The board of zoning appeals shall be composed of the members of the planning commission of the unified government. B. The board of zoning appeals shall annually elect one of its members as chairman. The board shall adopt rules in accordance with the provisions of this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing evidence presented, findings of facts by the board, decision of the board and the vote upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record. C. While the members shall serve both the planning commission of the unified government and the board of zoning appeals they shall hold a separate meeting, which may be of a time of their choosing, as the board of zoning appeals. (Code 1988, 27-47; Ord. No , 1(27-3, ), ; Ord. No. O-76-98, 2, ; Ord. No. O-17-14, 1, ) Sec Secretary. The board of zoning appeals shall appoint a secretary who shall be an employee of the unified government, and who shall attend the meetings of the board, take the minutes of each meeting, process each appeal, and perform such services as he may be directed to perform by the board. (Code 1988, 27-48; Ord. No , 1(27-3, ), ; Ord. No. O-76-98, 3, ) 4

5 Sec Powers and duties. The board of zoning appeals shall administer the details of appeals from or other matters referred to it regarding the application of this article and all powers and duties contained in K.S.A (Code 1988, 27-49; Ord. No , 1(27-3, ), ; Ord. No. O-76-98, 4, ) Cross reference Boards, commissions, etc., et seq. Secs Reserved. ARTICLE IV - HISTORIC LANDMARKS AND HISTORIC DISTRICTS [4] Footnotes: --- (4) --- State Law reference Historic preservation generally, K.S.A et seq. DIVISION 1 - GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adaptive use means the process of adapting a building to a use other than that for which it was designed, e.g., a piano factory being converted into housing or a mansion into offices. This may involve restoration and/or rehabilitation, and may be accomplished with varying changes to the appearance of a structure from minimal to major. Day means any day other than a Saturday, Sunday or legal holiday; provided, however, that for the purposes of section 27-83, the term "day" means every day of the week. Exterior architectural feature means the general arrangement and components of all of the outer surfaces of a building, structure, or object, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object. Historic, cultural or architectural significance means that quality present in districts, sites, buildings, structures and objects having integrity of location, design, setting, materials, workmanship, feeling and association and that: 1. Is associated with events that have made a significant contribution to the broad patterns of our history; 2. Is associated with the lives of persons significant in our past; 3. Embodies the distinctive characteristics of a type, period or method of construction, that represents the work of a master, that possesses high artistic values, or that as a district represents a significant and distinguishable entity whose components may lack individual distinction; or 4. Has yielded, or may be likely to yield, information important to prehistory or history. 5

6 Historic district means a geographically definable area possessing a substantial concentration, linkage or continuity of sites, buildings, structures or objects united associationally by historic events or physically by historic plan, historic design or historic development within a contiguous configuration of land, designated by the unified government board of commissioners as having particular historic, cultural or architectural significance, and limited in size to that reasonable area needed to sustain the integrity and to maintain the proper identification of the district. Historic landmark means any single site, building, structure or object designated by the unified government board of commissioners as having particular historic, cultural or architectural significance. Improvement means any building, structure, wall, fence, steps, paving, work of art, or other object constituting a physical betterment of real property, or any part of such betterment. Normal maintenance and repair means any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage. Preservation means the application of measures designed to sustain the form and extent of a district, site, building, structure or object essentially as existing. Rehabilitation means the process of returning a building, structure or object to a state of usefulness by repairs or alterations when its significance does not justify full restoration and when its condition or proposed use precludes preservation in its existing form. Restoration means the process of accurately recovering, by the removal of later work and the replacement of missing earlier work, the form and details of a building, structure or object, together with its setting, as it appeared at a particular period of time. (Code 1964, 2-26(2); Code 1988, 27-76; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Cross reference Definitions generally, 1-2. Sec Policy. A. The unified government board of commissioners finds and declares that the present and future economic and general welfare of the people of the city and of the public generally are founded on the contributions of the past. Many of these contributions are manifested in districts, sites, buildings, structures and objects that reflect the richness and diversity of the city's history by their design, association and integrity. The history so reflected includes the emigrant Indian tribes, the struggle against slavery, the railroads and the opening of the West, the Kansas Fever Exodus of , the development of major industries and the arrival of European immigrants, and all those factors attendant on the growth and development of a midwestern urban area. B. The unified government board of commissioners further finds that many historic properties have been lost through demolition and destructive rehabilitation, notwithstanding the feasibility of preserving and continuing the use of such properties and without adequate consideration of the irreplaceable loss to the people of the city of the historic, cultural and architectural values represented by such sites, buildings, structures and objects. In addition, distinct areas and districts may be similarly uprooted or may have their distinctiveness destroyed, although the preservation thereof may be both feasible and desirable. It is the sense of the unified government board of commissioners that the economic and general welfare of the city 6

7 cannot be maintained or enhanced by disregarding the historic, cultural and architectural heritage of the city and by countenancing the destruction of such assets. (Code 1964, 2-26(1)(A); Code 1988, 27-77; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Purpose. The purposes of this article are: 1. To identify, protect, enhance and perpetuate districts, sites, buildings, structures and objects that represent or reflect distinctive and important elements of the city's historic, cultural and architectural heritage. 2. To safeguard the city's historic, cultural and architectural heritage as embodied and reflected in such districts, sites, buildings, structures and objects. 3. To stabilize and improve property values in such locations. 4. To encourage the conservation and preservation of neighborhoods having distinct historic, cultural or architectural characteristics. 5. To foster civic pride in the beauty and noble accomplishments of the past. 6. To protect and enhance the city's attractions for tourists and visitors and provide incidental support and stimulus to business and industry. 7. To strengthen the economy of the city. 8. To promote the use of historic landmarks and historic districts for the culture, economy, education and welfare of the people of the city. 9. To promote the safety, health, morals and general welfare of the city as a whole. (Code 1964, 2-26(1)(B); Code 1988, 27-78; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Compliance, violations and penalty. A. It shall be unlawful for any person to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, maintain, excavate, zone, or place signs in or on any historic landmark or within a historic district in violation of the provisions of this article. B. In addition to other remedies, the city may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful construction, restoration, demolition, razing, maintenance, excavating, zoning or placement of a sign to restrain, correct or abate such violation. C. Any person violating any provision of this article shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine of not more than $ (Code 1964, 2-26(8)(A)(2), (B); Code 1988, 27-79; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Enforcement. The building official shall enforce this article. 7

8 (Code 1964, 2-26(8)(A)(1); Code 1988, 27-79; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Secs Reserved. DIVISION 2 - LANDMARKS COMMISSION [5] Footnotes: --- (5) --- Cross reference Boards, commissions, etc., et seq. Sec Created. There is created a landmarks commission. (Code 1988, 27-99; Ord. No. O-40-98, 1, ) Sec Membership. A. The landmarks commission shall be composed of 11 members. The members shall be residents of the county at the time of their appointments and thereafter for the duration of their terms. The members of the commission shall at all times include one architect, one real estate broker or appraiser, one officer of a mortgage lending institution, and one person with training or experience specifically in the fields of history, architectural history or historic preservation. B. The county administrator or the administrator's designee may serve as an ex officio member and may not vote, but shall assist the commission in performing its functions and provide such staff support as may be necessary. (Code 1988, ; Ord. No. O-40-98, 1, ) Sec Officers and meetings. A. The members of the landmarks commission shall meet at least once a month at such time and place as they fix by vote of the members. Special meetings may be called as needed by the chairperson or, in his absence, by the vice-chairperson. A majority of the commission shall constitute a quorum for the transaction of business. B. The unified government director of planning shall serve as the secretary of the commission. The director shall serve without additional compensation and shall, on behalf of the commission, cause a record to be kept of its proceedings, attest to all resolutions properly passed by the commission and to perform all duties otherwise provided by law. C. If the commission does not meet during the period of one consecutive 12 month time span, its powers and duties shall be assigned to the unified government planning commission, and the commission is abolished; provided that, if the commission is abolished, it may be recreated, with new appointees, by the resolution of the unified government board of commissioners. (Code 1988, ; Ord. No. O-40-98, 1, ) 8

9 Sec Powers and duties. A. The landmarks commission may conduct investigations to determine the existence, identity and location of districts, sites, buildings, structures and objects within the corporate limits of the city which should be preserved for posterity and develop and maintain an inventory of the same. B. The landmarks commission shall recommend to the unified government board of commissioners the designation of districts, sites, buildings, structures and objects as historic landmarks and historic districts. The recommendations shall be made by a majority vote of the quorum present of the commission following a public hearing regarding the matter. Recommendations may be proposed by: 1. The landmarks commission on its own initiative; 2. A concerned property owner; or 3. Any interested citizen, group of citizens or unified government department or organization. C. The landmarks commission shall hold public hearings on proposed recommendations at its regular monthly meetings. D. The landmarks commission may explore potential sources of funds with which to accomplish its stated goals and objectives, encourage the formation of foundations, trusts and organizations for the advancement of the same, and support and coordinate the efforts of any such organizations dedicated to the support and advancement of those purposes. E. The landmarks commission may undertake any activities that affect or relate to the preservation of historic landmarks and districts as so directed by the unified government board of commissioners. F. The landmarks commission shall establish and promulgate rules and regulations relating to this article and consistent with its purposes. (Code 1988, ; Ord. No. O-40-98, 1, ) Secs Reserved. DIVISION 3 - DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS Sec Public hearing and recommendation. A. An application for designation of historic landmarks and historic districts shall be filed in accordance with the rules and regulations as established and promulgated by the landmarks commission. The application shall contain a legal description of the subject property or district, current photographs of the property or district adequate to portray its appearance and condition, and a statement describing the historic, cultural or architectural significance of such property or district, together with any pertinent supporting documentation and identification of contributing and noncontributing elements. After receipt of the application, a public hearing shall be held by the landmarks commission at the next regularly scheduled meeting, or by special meeting. Public notice of the hearing shall be published at least one time in the official newspaper of the unified government not less than 20 days prior to such hearing. The notice shall state the time and place and general purpose of the hearing. A copy of the notice shall be mailed to each owner of record of the affected property or district. At the public hearing, the landmarks commission shall review all pertinent staff comments and recommendations, and shall make findings and conclusions regarding the designation of the historic landmark or historic district. A majority vote of the quorum present shall be required to constitute a recommendation of approval. 9

10 B. The recommendation of the landmarks commission shall immediately be forwarded to the unified government board of commissioners. The recommendation shall specifically define the historic landmark or historic district to be designated. C. Upon application for designation of a historic landmark or historic district, the unified government board of commissioners may order a moratorium on the issuance of building permits for exterior alterations other than normal maintenance and repair, permits for building additions or permits for demolition with respect to any real property proposed for designation as a historic landmark or located within a historic district. In ordering the moratorium for building and demolition permits, the unified government board of commissioners shall consider, among other proper legislative factor considerations, the following: 1. Existing studies or information substantiating the historic or architectural significance of the proposed landmark or district; 2. Previous listing of the proposed landmark or district on the Register of Historic Kansas Places or the National Register of Historic Places; 3. Probable cause that the property or district meets one or more of the requirements for designation as a historic landmark or a historic district; and 4. The extent that demolition or exterior alteration would be detrimental to the alleged historic, cultural or architectural character of the district, site, building, structure or object. D. The moratorium shall continue until final action on the application for designation has been taken by the unified government board of commissioners, but in no case shall the moratorium extend more than 90 days subsequent to the date of application therefor. (Code 1964, 2-26(6)(A); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Action by unified government board of commissioners. A. Notice requirements of section (a) shall be applicable to meetings by the unified government board of commissioners for the purposes of this section. B. If the unified government board of commissioners approves the recommendations of the landmarks commission, the unified government board of commissioners may, by ordinance: 1. Adopt the proposed amendment; or 2. Deny the application only when the landmarks commission specifically recommends denial. C. If the unified government board of commissioners disapproves the recommendation, it must resubmit the item to the landmarks commission for further consideration, with a written statement specifying the basis for disapproval. After further consideration, at the next regularly scheduled meeting, the landmarks commission shall submit the same, a new, or an amended recommendation. Upon receipt of the second recommendation, the unified government board of commissioners may, by ordinance: D. Adopt the proposed amendment; E. Supplement or change the amendment prior to adoption; or F. Deny the recommendation. (Code 1964, 2-26(6)(B); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Adoption by unified government board of commissioners. 10

11 A. The unified government board of commissioners shall adopt the historic landmark or historic district designation by ordinance. Upon the passage of such an ordinance: 1. The suffix "H" shall be appended to the zoning classification of the particular district, site, building, structure or object so approved. Such designation shall be in addition to any other zoning district classification established. 2. The official zoning district maps shall be changed to reflect the designation of all historic districts and historic landmark subdistricts by the letter "H," used as a suffix. 3. Within ten days following passage of the ordinance designating property as a historic landmark or historic district, written notice of the designation, together with a copy of the ordinance, shall be sent to the owner of record of each property so designated or each property within the designated district. 4. The following department or division heads shall be notified in writing of the historic designation: a. Planning; b. Community development; c. Building inspection; d. Engineering; and e. Any other deemed appropriate. B. Within 30 days following passage of the ordinance designating property as a historic landmark or historic district, written notice of such designation, together with a copy of the ordinance, shall be filed with the register of deeds of the county. (Code 1964, 2-26(6)(C); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Criteria for designation. A. In making a recommendation concerning designation or in designating a historic landmark or historic district, the landmarks commission and the unified government board of commissioners, respectively, shall determine that the proposed landmark or district meets one or more of the following criteria: 1. Prior designation on lists of historic sites, including, but not limited to, the National Register of Historic Places and the Register of Historic Kansas Places. 2. Character, interest or value as part of the development, heritage or culture of the city, the state or the United States. 3. Location as the site of a significant historic event. 4. Identification with a person or persons who significantly contributed to the culture and development of the city. 5. Exemplification of the cultural, economic, social or historical heritage of the city. 6. Portrayal of the environment of a group of people in an era of history characterized by distinctive architectural style or sequence of styles. 7. Embodiment of distinguishing characteristics of an architectural type or specimen. 8. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 9. Embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. 11

12 10. Relationships to other distinctive buildings, sites or areas that are eligible for preservation according to a plan based on historic, cultural or architectural motif. 11. Unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city. 12. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 13. Value as an aspect of community sentiment or public pride. B. Properties that have achieved significance within the past 50 years shall not be considered eligible for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if the property is determined to be of exceptional importance. (Code 1964, 2-26(6)(D); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Property owned by public agencies. A. The unified government, or any subdivision thereof, or any other public agency which may own or acquire property in the city shall not undertake any project which will encroach upon, damage or destroy any real property designated as a historic landmark or as part of a historic district or the environs of such property until the landmarks commission has been given notice and an opportunity to review and comment upon the proposed project. If the landmarks commission determines that such proposed project will encroach upon, damage or destroy any real property designated as a historic landmark, or as part of a historic district or the environs of such property, such project shall not proceed until: 1. The unified government board of commissioners has made a determination, based on prudent consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to such real property resulting from such use; and 2. Five days' notice of such determination has been given to the landmarks commission. B. Such review and determination shall be in addition to any similar review and determination that may be required by the Kansas Historic Preservation Act (K.S.A ). (Code 1964, 2-26(7)(D); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Certificate of appropriateness Prerequisite to building permit, etc. A. No building or demolition permit, whether to erect, construct, enlarge, alter, repair, move, improve, remove, excavate, convert or demolish any building, structure or utility shall be issued in accordance with this Code, with respect to any real property designated as a historic landmark or located within a historic district, except in accordance with the terms and provisions of a certificate of appropriateness as approved by the landmarks commission. However, a building permit may be issued with respect to such real property for the accomplishment of any work thereon which will neither change the exterior architectural features of a structure nor the character or appearance of the land, and which is considered necessary as a part of normal maintenance and repair. The permit shall be issued only with the joint concurrence of the building official and the director of planning. B. Except as otherwise provided, no land surface within any real property designated as a historic landmark or as part of a historic district shall be changed, and no improvements thereon shall be erected, removed, restored, demolished or altered, nor shall any addition be made thereto, in such a manner or of such a 12

13 character as to change the exterior appearance or exterior architectural features thereof which shall be visible from any public street, park or other public place, without prior approval of the landmarks commission, evidenced by a certificate of appropriateness reciting in detail precisely what changes are approved. Such changes in appearance shall include the erection of business, professional and other signs on the historic landmark or within the historic district, and no certificate of appropriateness shall permit the erection of any such sign unless the size, texture, style and materials thereof are compatible with the general characteristics of the neighborhood. C. Any person desiring to obtain a building or demolition permit to remove, demolish or in any way change the exterior appearance or the exterior architectural features of improvements on a real property designated as a historic landmark or located within a historic district, or desiring to change the land surface of such real property, shall submit to the landmarks commission a specific statement of the work proposed, together with such details as the commission may require. Upon receipt of any application for a building or demolition permit, the building inspector shall immediately forward the application to the landmarks commission. The commission shall schedule a public hearing on the request at the next regularly scheduled meeting of the commission, and notify the applicant of such hearing. Public notice shall be required as in section D. No building or demolition permit shall be issued for such a property without the prior approval of the landmarks commission, evidenced by the certificate of appropriateness. The landmarks commission shall grant the certificate of appropriateness if it shall find: 1. The changes proposed are not visible from any public street, alley, park or other public place; 2. Such changes are not detrimental to the historic, cultural or architectural character of the district, site, building, structure or object, or of other improvements thereon; or 3. That such changes are in accord with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If the landmarks commission shall not find the criteria of subsection (d)(1), (d)(2) or (d)(3) of this section met, then it must deny the application for a certificate of appropriateness. E. A majority vote of the quorum present of the landmarks commission is necessary to either approve or deny an application for a certificate of appropriateness. F. In the event of a denial of a certificate of appropriateness, no building permit or demolition permit may be issued for a period of 18 months from the hearing date of original application; provided, however, the landmarks commission, upon petition by the applicant, may grant a rehearing of the application when significant physical or economic hardship can be shown, or when changes of circumstance that substantially affect the health, safety or general welfare have taken place, or when the reapplication is significantly different from the original request. The applicant shall submit a statement detailing those changes that the applicant deems significant and upon which the applicant relies for refiling the original application. G. In the event the application is denied at the rehearing or a rehearing is denied, the applicant may appeal to the unified government board of commissioners within 30 days from the decision of the landmarks commission. H. the 18-month period of postponement, the landmarks commission shall consult with civic groups, public agencies and interested citizens to ascertain what action may be taken to preserve the real property designated as a historic landmark or located within a historic district and shall make recommendations to that effect to the unified government board of commissioners. (Code 1964, 2-26(7)(A); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) 13

14 Sec Same prerequisite to rezoning. A. No change in the zoning of any real property designated as a historic landmark or as part of a historic district shall be recommended by the planning commission to the unified government board of commissioners without an accompanying certificate of appropriateness granted by the landmarks commission. B. A certificate of appropriateness shall be granted by the landmarks commission for a zoning classification change if: 1. The request is for a change of zoning classification in which none of the permitted uses would have a detrimental effect on the historic, cultural or architectural character of the real property designated as a historic landmark or located within a historic district or of other improvements thereon; or 2. The request is for a use allowed by special permit that would not have a detrimental effect on the historic, cultural or architectural character of the real property designated as a historic landmark or located within a historic district or of other improvements thereon. C. All site plans for proposed uses contingent upon a change in zoning in historic districts or relative to historic landmarks must be approved by a majority vote of the quorum present of the landmarks commission prior to submission to the unified government board of commissioners for final approval. (Code 1964, 2-26(7)(C); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Minimum maintenance requirements. All real property, building, structure or utility thereon designated as a historic landmark or located within a historic district, whether owned or controlled privately or by any public body, shall receive reasonable care, maintenance and upkeep appropriate for the protection, preservation, enhancement, perpetuation or use in compliance with the terms of this article and chapter 8, article VII. (Code 1964, 2-26(7)(B); Code 1988, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Environs review Prerequisite to building permit. A. Purpose. The purpose of this regulation is to reinforce the policy set in section of this Code. B. Definitions. The following definitions control this section: Administrative determination. A final decision by the director of planning or his/her designee. Construction. The act of building, adding to or remodeling of a structure. Development. Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, grading, filling, paving, excavation or storage of equipment or materials with or without permits. Environs. The historic property's associated surroundings and the elements or conditions which serve to characterize a specific place, neighborhood, district, or area. More specifically, a 500 foot area surrounding a historic property or district listed on the National Register of Historic Places, the Register of Historic Kansas Places or has obtained designation as a historic landmark or district. Historically listed property. Historical properties, buildings and sites that are listed on the National Register of Historic Places, the Register of Historic Kansas Places or has obtained designation as a historic landmark or district. 14

15 1. Environs standard. No demolition, building, right-of-way (emergency permits excluded) or other development permits shall be issued within 500 feet of a historically listed property until it has been determined that the proposed construction and/or development will not damage, destroy or cause serious adverse external impacts to the environs of the historically listed property. 2. Environs review will be provided as follows: Application Administrative determination Appeal** As recommending body) Appeal** (Final decision) Environs review Planning department staff Landmarks commission Board of commissioners ** If necessary, as a certificate of appropriateness 3. Environs review standards. In making a determination concerning the environs of a historically listed property the following standards shall be considered: a. The character of a historic property's environs should be retained and preserved. The removal or alteration of distinctive buildings, structures, site or landscape features, spatial relationships, etc. that characterize the environs should be avoided. b. The environs of a property should be used as it has been historically or allow the inclusion of new uses that require minimal change to the environs' distinctive materials, architectural features, site characteristics and spatial relationships. c. The environs of each property will be recognized as a physical record of its time, place, and use. Changes to the environs that have acquired historic significance in their own right should be retained and preserved. d. Demolition of character-defining buildings, structures, site and landscape features, etc. in a historic property's environs should be avoided. When the severity of deterioration requires removal within the environs, compatible reconstruction shall occur. (All demolitions require landmark commission approval.) e. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken. f. New additions, exterior alterations, infill construction, or related new construction should not destroy character-defining features or spatial relationships that characterize the environs of a property. New development shall be compatible with the historic materials, character-defining features, size, scale and proportion, and massing of the environs. New development should not create conditions that increase the discharge of surface water runoff, the need for additional screening, light pollution or similar adverse impacts on adjacent properties. g. Moved or relocated historic structures that have not retained or acquired historic significance in their new environs shall be considered as artifacts without environs. 4. Responsibility and environs application submission requirements. It is the responsibility of the landowner of a designated and historically registered property or environs to acknowledge these provisions that govern property improvements, intended to protect and preserve them for the benefit of adjacent neighborhoods and the city at large. All submission for historical environs review are required to have the following: a. A letter of explanation that gives a detailed scope of work, the applicant's name, address, phone numbers, and , along with the name and contact information for the landowner. If applicable, contact information for the architect, engineer, surveyor, planner, and/or contractor. 15

16 b. If applicable, existing site pictures, detail sheets for significant elements, detailed construction or demolition drawings. c. Other plans, miscellaneous details and studies as deemed necessary by the director of planning. d. Completion of the basic information and pictures needed in the Kansas Historic Resource Inventory for the Kansas State Historic Preservation Office. 5. Activities omitted for an environs review. The following activities are omitted from the historical environs review: a. Replacement or repair of same size doors and windows. Door replacement should have a similar style to the one being replaced and window glass size cannot be reduced. b. Interior remodeling or renovation if proper permits have been obtained. c. Roof repair with similar in-kind materials and no expansion of roof area. d. In-kind siding repair and replacement. e. Landscaping and irrigation, excluding structures. f. Signs allowed by code. g. Walkways under six feet in width. h. Replacement of existing driveways, excluding new or expanded driveways and parking areas. i. Other routine maintenance deemed appropriate by the director of planning. (Ord. No. O-16-14, 1, ; Ord. No. O-21-15, 1, ) Secs Reserved. ARTICLE V - ZONING RESOLUTION AND SUBDIVISION REGULATIONS Sec Adopted. The Zoning Resolution and Subdivision Regulations, Wyandotte County, revised January, 1988, as amended as of January 1, 1991, are adopted and incorporated in this chapter as if fully set forth herein excepting only such parts or portions thereof as are specifically omitted, added, or changed in this article. (Ord. No , 1, ) Sec Omitted provisions. Article XIV, Article XXV, Article XXVI, Article XXVII, Article XXVIII, Article XXIX, Article XXX, Article XXXI, Article XXXII, Article XXXIII, Article XXXIV, Article XXXV, and Article XXXVI of the Zoning Resolution and Subdivision Regulations, Wyandotte County, Revised January, 1988, as amended as of January 1, 1991, are hereby declared to be omitted in their entirety. (Ord. No , 2, ) Sec Amended. 16

17 The following definitions contained in ARTICLE IV Section 1, of the Zoning Resolution and Subdivision Regulations, Wyandotte County, as adopted in section , are hereby changed and amended to read as follows: Family means one or more persons who are related by blood or marriage, and including any foster children, or a group of not more than five persons living together by joint agreement on a nonprofit cost sharing basis, or a combination of persons related by blood or marriage along with no more than two unrelated adults to a maximum number of five persons, living together and occupying a single housekeeping unit with single kitchen facilities. In addition, up to ten persons, including eight or fewer persons with a disability or handicap and not to exceed two staff residents residing in a dwelling shall be considered to be a family. Handicapped persons are defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of Group home means a residential dwelling occupied as a residence by persons who do not constitute a family. (Ord. No , 3, ) Sec Application of Wyandotte County Zoning Resolution; procedures. The Zoning Resolution and Subdivision Regulations, Wyandotte County, incorporated by this article, as amended, are adopted in order to ensure the stability and continuity of zoning for properties zoned pursuant to such regulations prior to the properties' annexation into the City of Kansas City, Kansas, effective January 1, All properties zoned pursuant to such regulations shall be entitled to develop under the uses and regulations set forth therein. Appeals or requests for variances from the provisions of such regulations shall be made to the board of zoning appeals New subdivisions shall conform to the Kansas City, Kansas, Subdivision Regulations. No property may be rezoned to a zoning district or be given a special use permit pursuant to the Wyandotte County Zoning Resolution and Subdivision Regulations after the effective date of the ordinance from which this article is derived. (Ord. No , 4, ) Sec Provisions incorporated by reference. Sections , pertaining to nonconformities; section (c); ARTICLE VIII, DIVISION 5 of this chapter; ARTICLE VIII, DIVISION 2 of this chapter; and section , halfway house; are hereby incorporated by reference as new sections of the Wyandotte County Zoning Resolution and Subdivision Regulations as if set out fully herein. (Ord. No , 5, ) Sec Conflicts. Should any of the provisions set out herein conflict with state law, state law shall control. (Ord. No , 6, ) Sec Zoning district boundaries. The properties annexed into the city by Ordinance No effective on January 1, 1992, shall retain the county zoning district classifications in effect prior to annexation, as shown on the official map designated as the "Zoning District Map of Wyandotte County, Kansas." Such property shall be added to the Kansas City, Kansas, Official Zoning District Map incorporated by reference in section , and the county zoning district boundaries shall be reflected thereon. (Ord. No , 7, ) 17

18 Sec Penalty. Any person violating the provisions of the Wyandotte County Zoning Resolution and Subdivision Regulations, revised January, 1988, and amended as of January 1, 1991, as incorporated herein and as amended, shall be subject to the penalty provisions of section (Ord. No , 8, ) Secs Reserved. ARTICLE VI - ADMINISTRATION AND REVIEW PROCEDURES [6] Footnotes: --- (6) --- State Law reference Zoning and planning procedures generally, K.S.A Sec Development permit general requirements. The policies and regulations in this article apply to the use and development of land. Any person proposing a land use or development shall comply with the procedures of this article. Table (a) summarizes the procedures, agencies and public bodies involved in the development proposal process. Detailed information about general procedures and applications are further discussed in this article. TABLE (a) Application Process Rezoning - Conventional Pre-application Conference R = Review/Recommendation, D = Decision, A = Appeal, = Required Neighborhood Acting Body Notices Meeting Staff PC BC BZA Pub. Mail Sign R R D Rezoning Planned R R D Preliminary Plan R R D Final Plan R D A Development Plan Zoning Text Amend Comprehensive Plan Amendment Subdivision - Preliminary Plat Subdivision Final Plat Special Use Permit D A R R D R R D R D R D R R D Variance R D Interpretation D A 18

19 (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Preapplication conference. A. When required. A preapplication conference with a representative of the department of urban planning and land use is required for certain development applications, as identified in table (a), and indicated in the individual application type sections listed herein. The purpose of this meeting is to: 1. Review the requirements of these regulations; 2. Review the requirements of the comprehensive plan; 3. Discuss the nature and design of the proposed development; and 4. Discuss the procedures for development application review and approval. B. Timing. The preapplication conference shall occur at least ten days prior to the submission date unless otherwise specified by the director or the director's designee. Applications must be submitted within six months of the conference date or a new conference shall be required. C. Additional parties. As necessary, the department of urban planning and land use may include representatives of other departments or agencies at the preapplication conference. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Application requirements. A. Materials. Current application forms and submission requirements are available from the department of urban planning and land use in the Municipal Office Building and may be obtained during business hours. All materials submitted in support of a development application become part of the public record and are generally not returned to the applicant. B. Technical studies. The director or the director's designee may require applicants to prepare additional technical studies in support of applications for rezoning, planned rezoning or special use permits. Examples of these studies may include: traffic, noise, light, environmental impact, market, economic impact, engineering, or flood. The cost of the study shall be the applicant's responsibility. Appeal of the director's determination may be taken to the planning commission, who shall be the final decision-maker. No further action will be taken to process the application pending the planning commission's determination. C. Deadlines. The department of urban planning and land use will establish and make available at its office a list of submission and revision deadlines for the various development applications. Failure to submit a complete or revised application on or before the deadline will preclude the unified government from placing the application on the scheduled planning commission agenda. D. Completeness. Within five business days of submission, a member of the department of urban planning and land use staff will review a submitted application to ensure that it is complete. 1. An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use. 2. Incomplete applications will be held by the department of urban planning and land use with a written explanation of defects provided to the applicant. The director will take no further action on incomplete applications. Appeal of this determination is made to the planning commission, who is the final decisionmaking body. No further action will be taken to process the application pending the planning commission's determination. Applications that have been returned to an applicant for revisions will not 19

20 be processed until such revisions have been determined to be complete by the director or director's designee. 3. Complete applications shall be processed in accordance with this article. 4. If the director fails to act within five business days, the application shall be deemed complete. 5. Following a determination of completeness, modification of the application by the applicant without approval of the director or director's designee, or modification that is not pursuant to the directions of the planning commission or board of commissioners shall void the determination of completeness and trigger a new ten-day review period. All processing of the application shall stop until a new, complete application has been filed. 6. A determination of completeness shall not constitute a determination of compliance with the substantive provisions of these regulations. E. Fees. Application fees shall be set in an amount to recover the costs of processing, publicizing, and reviewing development applications. The county administrator shall set and may modify the fees, which shall be included as an appendix to this Code. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Neighborhood meeting. A. When required. A neighborhood meeting is required for certain development applications, as identified in table (a) and indicated in the individual application type sections as specified herein. When optional, applicants are encouraged by the unified government to meet with property owners who will be affected by the proposed development. B. Neighborhood identification. Generally, the neighborhood shall include all parcels located within 200 feet of the boundaries of the parcel proposed for development, and any homeowners association, neighborhood association or merchants association (all as represented by their board of directors or their designee) registered with the department of urban planning and land use and with boundaries located within 500 feet of the parcel. These boundaries can be modified by the director by up to 30 percent either larger or smaller, depending upon the size, location and density of the proposed development. C. Meeting arrangements. The applicant shall be responsible for providing a meeting location and conducting the meeting. Written notice of the location and time of the meeting shall be provided by the applicant to the department of urban planning and land use and residents of the area defined as the neighborhood at least 14 days prior to the meeting. D. Meeting content. At the meeting, the applicant shall present a full and accurate description of the proposed development plans, describe projected impacts of development, describe plans to mitigate or off-set impacts, and facilitate a discussion of neighborhood questions and comments. Department of urban planning and land use staff may attend the meeting, but will not be responsible for organizing the meeting or presenting information about the project. E. Meeting report. Following the neighborhood meeting, the applicant shall provide the department of urban planning and land use with a list of names of the people who attended the meeting along with a written summary of the discussion and comments. All documents and materials submitted to detail the neighborhood meeting shall become part of the public record for the development application. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Staff review. 20

21 A. Review by other departments and agencies. The staff may forward copies of the application to various local, state and/or federal agencies and departments for their review and comment. The director may ask the reviewers to respond in writing or attend an application review meeting with the staff. B. Staff review. The staff shall review the application and supporting information, and may do so in a meeting with the applicant and representatives of other agencies or departments, as described in subsection (a) of this section. After reviewing the information, staff shall prepare a report summarizing the information for the reviewing bodies and providing a recommendation for action and any proposed conditions. The applicant or other interested parties may obtain a copy of the staff report from the department of urban planning and land use three days prior to the hearing at which the application is scheduled to be heard. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Withdrawal of application. A. An application may be withdrawn at any time prior to formal consideration by the reviewing body. Withdrawal of an application after the determination of completeness shall result in the forfeiture of fees. B. If no public hearing is required, the applicant should give notice of the withdrawal to the director or his designate at the earliest possible time. This allows the director to notify other applicants of an agenda change. C. If a public hearing is required, an applicant may request a withdrawal from the director at any time prior to the opening of the hearing. Once the public hearing is opened, the body conducting the hearing shall decide whether or not to approve the request and may instead act on the application. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Continuance of application. A. Applicant request. An applicant may request up to one automatic continuance of action on any application at least ten days in advance of the meeting/hearing. All other requests for continuance may result in the application being removed from future agendas subject to public re-notification at the applicant's expense at the discretion of the planning commission. B. Director request. An application determined to include incomplete insufficient information based on review and comments from the department of urban planning and land use and/or other departments or agencies shall be continued for further review and consideration by the director. In the event of such a continuance, the director shall provide notice and explanation to the applicant no later than three days prior to the meeting at which the application is scheduled for review. Notice of the continuance will be given at the beginning of the scheduled meeting or by mail if the continuance is declared at least ten days in advance of the meeting. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Notice. A. Purpose. Public hearings and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect considerations of the community interest and ensures that the applicant and other parties are given an opportunity to be heard. B. Published notice. All publication notices for public hearings required by this chapter shall be published in one issue of the official newspaper of the unified government. 21

22 1. The notice shall provide the date, time and place of the hearing, the purpose of the hearing, the name of the applicant and identification of the subject property. If the hearing is for a rezoning application, the notice shall provide a general statement regarding the purpose of the application. 2. In accordance with state statutes, the notice shall be published not less than 20 days prior to the date of the hearing before the planning commission. 3. The applicant shall provide any information required for this notice as requested by the director or director's designee. C. Mailed notice. When notice to surrounding property owners is required for consideration of an application and to provide an opportunity to all interested parties to be heard, it shall be provided as follows: 1. The department of urban planning and land use shall be responsible for mailing notices to all real property owners located within 200 feet of the area proposed to be altered, all registered associations that include property within 200 feet of the subject property, and all persons who attended any required neighborhood meeting and asked to be placed on the mailing list. 2. Mailed notice shall be postmarked at least 20 days prior to the hearing. 3. Mailed notice shall state the date, time and place of the hearing, include a general description and sketch or map of the proposal, and a statement explaining that the public may be heard at the public hearing. 4. The planning commission statement read at the beginning of every meeting shall contain a statement explaining that property owners within 200 feet of the subject property, on certain applications, shall have the opportunity to submit a protest petition, to be filed with the office of the clerk of the unified government within 14 days after the planning commission decision on the case. 5. Newspaper clippings of the publication notices shall not be used for the mailed notice requirement. 6. When the notice has been properly addressed and deposited in the mail, failure to receive it shall not invalidate subsequent action. D. Posted notice. When required by this article, the applicant shall post approved signs giving notice of the pending application. 1. The sign shall be provided by the department of urban planning and land use. The sign cost shall be the applicant's responsibility and shall be paid for at the time of application. Replacement signs may be purchased through the department of urban planning and land use. 2. The sign shall inform the public of the date, time and place of the hearing concerning the property. 3. The applicant shall prominently display the sign at a location on the property that is visible and conspicuous from a public street and where it can be readily seen by the public. 4. The applicant shall make a good faith effort to maintain the sign for at least 20 days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. Failure to do so may result in a continuance of the hearing. E. Substantial compliance. Notice shall be deemed to be complete when there is substantial compliance with the requirements of this section. Minor technical deviations in the language of the published, mailed or posted sign notices shall not be deemed to impair the notice when notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding adequacy of notice, the body conducting the hearing shall make a formal finding as to whether there was substantial compliance with the notice requirement. F. Notification of appeal or revocation. Whenever an appeal is taken from a final decision, or whenever the unified government board of commissioners determines to revoke a development permit which was obtained following a public hearing, mailed notice of the appeal or revocation shall be prepared and made in 22

23 the manner prescribed for the original action. If no public hearing was held prior to obtaining the development permit, mailed notice of the revocation shall be given to the holder of the permit only. G. Costs of notice. All actual costs incurred by the unified government in preparing and publishing the notice required by these regulations shall be paid by the applicant either as part of the application fee or pursuant to a notice fee schedule established by the county administrator. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Public hearing procedures. A. Purpose. The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others. B. Rules of procedure. The unified government board of commissioners and planning commission may adopt rules of procedure for public hearings. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Decision making. A. Action. Acting bodies shall hold regularly scheduled public hearings to receive and review public input on those items required by this Code. Decisions and/or recommendations should be rendered in a timely manner, based upon the specific requirements of these regulations and following considerations: (1) Conformance with these regulations, the comprehensive plan, and other adopted plans, design guidelines and policies; 1. Recommendations of staff and recommending bodies; 2. Input of reviewing agencies and departments; 3. Public comment and testimony received at the hearing; and 4. Effects of the proposal on the neighborhood, area, and community-at-large. B. Authority to condition development approvals. After review of the application, other pertinent information or documents, and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards expressed in these regulations. The director shall include a copy of the conditions with the record of decision. The applicant shall be notified of any conditions imposed on the application. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Scope of action. The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval of the application, or denial of the application. The reviewing body may allow amendments to the application if the effect of the amendment is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body may not, in any case, permit a greater amount of development, a more intensive use, a larger area of land than indicated in the original application, or a greater variance than was indicated in the notice. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Post-decision proceedings. 23

24 A. Rehearing. Any person, including any officer, agency or department of the unified government, aggrieved by a final decision by any decision-maker may request a rehearing by that decision-maker. Such request shall be made to the department of urban planning and land use, and must be made within 30 days of the final decision. The rehearing will be granted only if the appellant can show that new evidence exists that was not available at the time of the hearing. The legal department shall make the determination if the evidence is new. The determination shall be made within five working days of the date the appeal was filed. B. Appeal. Any person, including any officer, agency or department of the unified government, aggrieved by a final decision by any decision-maker may request an appeal in accordance with the state statutes. C. Amendments and revisions to approval. 1. The director may approve minor revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the director or director's designee and are subject to appeal to the planning commission. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval. In the case of appeal, no further action will be taken to process the application, and/or issued permits will be stayed pending the planning commission's determination. 2. If the director determines that a requested revision is not minor, approval of the revision by the original final decision-maker is required in accordance with the procedures established for the original consideration of the application. In making a determination, the director may seek a recommendation of any recommending body involved in the application process of this application. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Validity. A. Time of expiration. Unless otherwise specifically provided for in this Code, development applications, development plans, or development permits shall automatically expire and become null and void, all activities taken pursuant to such development application shall cease, and all activities pursuant to the application, plan, or permit shall be deemed in violation of this Code when, as determined by the director of planning: 1. The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement application, including the failure to abide by specified time limits established therein; or 2. The applicant fails to pursue the project by seeking subsequent development applications as required by this chapter or as may be required by state law. If no time limit for the satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval. B. Extension procedures. Unless otherwise prohibited by state law or this Code, the director, at his discretion, may extend the time for expiration of a development permit or approval one time for a period not to exceed one year from the date of the original decision granting approval, if the application for extension is made in writing within the original period of validity. Subsequent extensions may be made by the final approval body upon finding that the conditions at the time of the approval have not changed. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Revocation of permit or approval. 24

25 A. Duties of director. If the director determines that there are reasonable grounds for the revocation of a development permit or approval, the director shall notify the applicant and/or permit holder and set a hearing before the final decision-maker. If the decision was made by the director, the hearing shall be conducted by the planning commission. If the unified government board of commissioners was the original decision-maker, it may refer the proposed revocation to the planning commission for a recommendation prior to the hearing. B. Reasonable grounds. The following may be considered reasonable grounds for permit revocation: 1. The applicant/permittee fails to adhere to the conditions and stipulations of approval. 2. The use has caused unforeseen negative or adverse impacts on adjacent or surrounding uses. 3. The use has placed an unreasonable burden on public facilities or services. 4. Unusual conditions, trends, or needs have arisen since the permit was issued. C. Notice and public hearing. Notice of the revocation hearing shall be given in the same manner as required for the original application. A public hearing shall be conducted in accordance with the procedures of this article. D. Decision and notice. Within 14 days after the conclusion of the hearing, the decision-maker shall render a decision to either revoke the permit or approval, allow the applicant to retain the permit/approval, or reconsider the permit/approval. The decision-maker shall notify the permit/approval holder and any other person who has filed a written request for such notice. E. Effect and appeals. A decision to revoke a development permit/approval shall be final when the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit/approval shall be deemed to be in violation of this Code. 25

26 26

27 (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Rezoning Conventional districts. A. Findings and purpose. 1. It may be necessary or advisable from time-to-time to amend the districts provided for on the zoning map. 2. When a zoning amendment is proposed, use of conventional zoning districts is appropriate for the development of single lots with uses compatible to existing or planned surrounding development. Development of multiple lots, subdivisions, and most nonresidential uses should be accomplished through a planned district pursuant to section A site plan is required with conventional zoning to ensure that the proposed development conforms to these regulations and proposes a compatible arrangement of buildings, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, site drainage, and open spaces. Site plan review shall consider the siting of proposed construction and its impact on the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area and its conformance to the policies and standards of the master plan. The design shall encourage the elimination of unnecessary grading and endeavor to retain the natural character of the site, including the preservation of trees and other natural features. B. Applicant. A proposal for an amendment or change in zoning may be initiated by the unified government board of commissioners, the planning commission, or upon application of the property owner or owner's agent. C. Applicability. A development plan, as provided in section shall be required for all uses except the construction of a single-family residence on a single lot. D. Preapplication conference. A preapplication conference is required pursuant to section E. Submission requirements. The director shall prepare applications specifying the information to be submitted in support of a rezoning application. This shall include, at a minimum: 1. Application form. 2. Preliminary development plan, as provided in section Application fee. 4. Traffic study for rezoning. In the case of an application for rezoning of land for a use that may substantially change traffic patterns, or create traffic congestion, the director may require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such traffic study shall show how traffic generated by the proposed development will be handled on the site and how vehicular ingress and egress from the site onto public streets will function in relation to existing street and intersection capacities and other neighborhood conditions. 5. Other information as specified on the application form. 6. Other information as requested by the director or director's designee, public works director, county engineer, planning commission or unified government board of commissioners. F. Application and review procedures. 1. Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use. 27

28 2. Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section Staff review. Following a determination of completeness, the staff shall review the application pursuant to section Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission. a. Notice shall be provided pursuant to section b. The planning commission shall consider the criteria listed in subsection (f)(6) of this section in making a recommendation. 5. Planning commission action. Following the close of the public hearing on an application to rezone land, the planning commission shall recommend approval, conditional approval, or denial at the earliest reasonable time, and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a rezoning request within 63 days of the close of the public hearing on that application, the planning commission shall be deemed to have made a recommendation of disapproval. The application will be forwarded by the director to the unified government board of commissioners within 50 days of the deemed denial. 6. Factors to be considered. a. Rezoning application. Approval, conditional approval, or denial of the rezoning application shall be based upon consideration of the following factors: 1. Compatibility with the comprehensive plan. 2. The character of the neighborhood. 3. The zoning and uses of properties nearby, and the compatibility of the proposed uses with those uses. 4. The suitability of the subject property for the uses to which it has been restricted. 5. The length of time the property has remained vacant as zoned; the length of time the property has been actively marketed. 6. The extent to which the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality or marketability of nearby property. 7. The extent to which the proposed use would increase or change traffic or parking demand in any ways that would adversely affect road capacity, condition, safety, or create parking problems. 8. The extent to which the proposed use could cause environmental harm or enhance the environment. 9. The extent to which utilities and public services are available and adequate to serve the proposed use. 10. The economic impact of the proposed use on the community. 11. The application must meet applicable ordinance requirements. 12. The relative gain to the public health, safety, and welfare as compared to the hardship imposed upon the individual landowner or landowners. b. Development plan. The following criteria shall be considered when reviewing the development plan: 1. The site is capable of accommodating the buildings, parking areas and drives with appropriate open space. 28

29 2. The plan provides for safe and easy ingress, egress and internal traffic circulation. 3. The plan is consistent with good land planning and site engineering design principles, particularly with respect to safety. 4. The architectural designs are consistent with unified government policies and regulations and compatible with surrounding features. 5. The plan represents an overall development pattern that is consistent with the comprehensive plan, street map and other adopted planning policies. 6. Right-of-way, as determined by the public works department, has been identified for dedication. 7. More restrictive change than requested. The planning commission may recommend a change in a zoning district that constitutes a more restrictive change than requested by the applicant, provided such change is to a planned district and in keeping with the following: R Rural Residence District R-1 Single-family District R-1(B) Single-family District R-2 Two-family District R-2(B) Two-family District R-3 Townhouse District R-4 Garden Apartment District R-5 Apartment District R-6 High Rise Apartment District R-M Mobile Home Park C-O Nonretail Business District C-1 Limited Business District C-D Central Business District TND Traditional Neighborhood Design District C-2 General Business District Residential Districts Business Districts Most Restrictive Least Restrictive Most Restrictive C-3 Commercial District Least Restrictive B-P Planned Business Park M-1 Light Industrial and Industrial Park M-2 General Industrial District Industrial Districts Most Restrictive M-3 Heavy Industrial District Least Restrictive a. The planning commission may recommend and the unified government board of commissioners may accept a change in zoning which is equal to or more restrictive than the one requested, provided the more restrictive district is in the same R, C or M category for which the change was requested. b. In no case may a change to an R district be approved if the application is for a C or M district, and in no case may a C district be approved if the application is for an M district. c. Applications for district A-G may not be changed to another category unless a new application is filed. d. A planned district shall be equally restrictive as its equivalent district. 29

30 e. If a development plan or development plan modification is required, the application shall be held over until plans are submitted by the applicant in accordance with the department of urban planning and land use schedule for submissions. 8. Protest. a. Filing. If a protest against such amendment, supplement or change in the zoning of land is filed in the office of the unified clerk within 14 days after the conclusion of the public hearing before the planning commission pursuant to the publication notice, duly signed and acknowledged by the owners of 20 percent or more of any real property proposed to be rezoned, or by the owners of 20 percent of the total area, excluding streets or public ways, located within or without the corporate limits of the city and located within 200 feet of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths vote of all the members of the unified government board of commissioners. The distance in certain cases may be 1,000 feet where prescribed by state statutes. b. Withdrawal. Any person may withdraw their signature from a petition by filing an affidavit with the unified clerk prior to the deadline for filing a protest petition. After the deadline, petitions cannot be withdrawn. All of the signers of a petition may notify the unified government board of commissioners of their intent to withdraw a petition following the filing deadline, but this will not affect the voting requirement. 9. Action by unified government board of commissioners. When the planning commission submits a recommendation of approval, conditional approval, or disapproval of such amendment and the reasons therefor, the unified government board of commissioners shall consider the criteria established in sections and subsection (f)(6) of this section and may take any action consistent with sections and , including: a. Adopting such recommendations by ordinance; b. Overriding the planning commission's recommendation by a two-thirds majority vote of the membership of the unified government board of commissioners; or c. Returning such recommendation to the planning commission with a statement specifying the basis for the unified government board of commissioners' failure to approve or disapprove. If the unified government board of commissioners returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit new and amended recommendation. Upon the receipt of such recommendation, the unified government board of commissioners, by a simple majority thereof, may adopt or revise or amend and adopt such recommendation by the respective ordinance or resolution, or it need take no further action thereof. If the planning commission fails to deliver its recommendation to the unified government board of commissioners following the planning commission's next regulation meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction in the part of the planning commission as a resubmission of the original recommendation and proceed accordingly. If adopted, the proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution. 10. Conditional approval of rezoning. In cases in which rezoning applications are conditionally approved by the unified government board of commissioners, the rezoning ordinance shall not be published and thus shall not take effect until the conditions are fulfilled. a. Where a dispute arises between the applicant and staff regarding whether or not the conditions have been fulfilled, the matter shall be brought before the unified government board of commissioners for 30

31 resolution. No further action will be taken to process the application pending the unified government board of commissioners' determination. b. Failure to fulfill the conditions within one year of unified government board of commissioners' approval shall necessitate the scheduling of a public hearing with requisite notice before the unified government board of commissioners. At this public hearing, the unified government board of commissioners shall consider all of the relevant factors and either approve, approve with conditions, or deny the rezoning application. G. Amendments to preliminary development plans. Once a preliminary plan has been approved, changes may be made only after approval of a revised preliminary development plan. Changes that are not considered significant pursuant to subsection (g)(1) of this section may be approved by the director at his discretion, with disapproval appealed to the planning commission. Significant changes may be approved only after a rehearing by the planning commission and unified government board of commissioners, subject to the same procedural requirements of an original application. 1. For the purposes of this section, significant changes shall be determined by the director or director's designee and shall mean any of the following, provided they are still within the approved standards of the applicable zoning district. Any change that seeks to vary the standards of the applicable district must either be approved by the planning commission through a planned district rezoning application or the board of zoning appeals through a variance: a. Increases in density or intensity of residential uses by more than five percent; b. Increases in total floor area (entire plan) of all nonresidential buildings by more than five percent or 5,000 square feet, whichever is less; c. Increases of lot coverage by more than five percent; d. Changes of architectural style that will make the project inconsistent with previous approvals; e. Changes in ownership patterns or stages of construction that will lead to a different development concept; f. Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities; g. Decreases of any peripheral setback of more than five percent; h. Decreases of areas devoted to open space of more than five percent or the substantial relocation of such areas; i. Changes of traffic circulation patterns that will affect traffic outside of the project boundaries; j. Modification or removal of conditions or stipulations to the preliminary development plan approval; or k. Modifications that change, amend, or violate the terms of the comprehensive plan. 2. Appeal of the director's determination of significant may be taken to the planning commission, whose decision shall be final. No further action will be taken to process the application pending the planning commissions' determination. H. Review and approval of final development plans. Permits for grading or construction shall be issued only after final plans have been approved by the planning commission. The developer may submit preliminary and final development plans simultaneously at such person's own risk. 1. Contents of a final development plan. Contents of a final development plan shall be as specified in section (e). 2. Conditions for approval. Final plans shall be approved only after the following conditions have been met: 31

32 a. Final plans conform to the approved preliminary plan and meet any special conditions imposed at the time of rezoning. Significant changes, as defined in section (g)(1) and determined by the director or his designee, between the preliminary plan and the final plan shall be sufficient reason to require the resubmission of a preliminary plan. b. If the project is being constructed in stages, each stage shall be functional and shall be adequately served by access drives, parking and utilities as a freestanding project which will not have adverse effects on the neighborhood if subsequent stages are not carried out. 3. Planning commission action. a. A final development plan which contains no modifications or additions, except the addition of required detail, from the approved preliminary plan shall be approved by the planning commission if the commission determines that all of the submission requirements have been satisfied. Normally, a public hearing is not required; however, the planning commission may require a public hearing where more than six months have passed following preliminary plan approval. b. A final development plan that contains modifications from the approved preliminary development plan but which changes are not significant pursuant to subsection (g) of this section, as measured against the original approved preliminary plan, may be approved by the planning commission without a public hearing provided the commission determines that all of the submission requirements have been satisfied. The planning commission may require a public hearing where more than six months have passed following preliminary plan approval. c. If the final development plan has significant changes from the preliminary plan, pursuant to subsection (g) of this section, it shall not be considered and shall be converted to an application for preliminary plan approval. I. Abandonment of final development plan. In the event a plan or section thereof is given final approval and thereafter the landowner shall abandon said plan or a section thereof and shall so notify the unified government in writing, or in the event the landowner shall fail to commence, as evidenced by receipt of building permits and start of construction, the planned development within 18 months after final approval has been granted, then in either event such final approval shall terminate and shall be deemed null and void unless such time period is extended by the planning commission upon written application by the landowner. Whenever a final plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new final development plan has been approved. J. Time limit for refiling. No application for any change of zone classification shall be filed within one year following the final disposition by the unified government board of commissioners of a previous application on the same property or a portion thereof. Upon petition by the applicant, the director of planning and chairman of the planning commission may permit refiling of said application within such one-year period, when: The applicant shall submit a statement in detail setting out those changes deemed significant and relied upon for refiling the original application. 1. Significant physical, economic or land use changes, or other changes of circumstance that substantially affect the health, safety or general welfare have taken place within the immediate vicinity; 2. A significant comprehensive plan or zoning ordinance text change has been adopted; or 3. When the reapplication is for a change of zoning classification that is more restrictive than the original request or at a density at least 30 percent less than the original request. (Code 1988, ; Ord. No. O-27-05, 1, ) 32

33 Sec Same Planned district. A. Purpose. 1. Planned district rezoning is appropriate for the purpose of providing design flexibility not available through standard procedures. Planned district rezoning is intended to encourage high quality development that provides: a. More efficient infrastructure; b. Reduced traffic demands; c. More usable public or private open space and pedestrian connections; d. Needed housing choices; e. Assure quality development; and f. Protect the quality and integrity of existing neighborhoods. 2. Planned development district approval is a two-step process, approval of a preliminary development plan followed by approval of a final development plan. 3. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with these development standards, architectural quality, sign concepts, or other conditions that were committed to at the time of rezoning. B. Applicant. A proposal for an amendment or change in zoning may be initiated by the unified government board of commissioners, the planning commission, or upon application or petition of the owner of property affected of the property owner or owner's agent. C. Applicability. Planned district zoning is applicable when the applicant seeks to vary the requirements and lot sizes of the basic zone district classification. The approved final development plan shall serve as a basis for use (permitted within the district) density and design criteria. D. Preapplication conference. A preapplication conference is required pursuant to section E. Submission requirements. The director shall prepare applications specifying the information to be submitted in support of a planned development rezoning application. This shall include, at a minimum: 1. Application form. 2. Preliminary development plan pursuant to section (d). 3. Application fee. 4. Traffic study for rezoning. In the case of an application for rezoning of land for a use that may substantially change traffic patterns, or create traffic congestion, the director may require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such traffic study shall show how traffic generated by the proposed development will be handled on the site and how vehicular ingress and egress from the site onto public streets will function in relation to existing street and intersection capacities and other neighborhood conditions. 5. Other information as specified by the application form. 6. Other information as requested by the director or director's designee, public works director, county engineer, planning commission or unified government board of commissioners. F. Varying underlying district standards. As a general rule, the density or intensity of land uses shall be determined by the underlying district. Planned district development applications may vary from the standards of the underlying zoning district pursuant to the following terms: 1. The maximum height of buildings and structures in a planned zoning district shall be as set out in the equivalent district. 33

34 2. The intensity of the land use, the bulk of the buildings, the concentration of population, and the amount of open space, light, and air in a planned district shall be as set out in the equivalent district. 3. The density of residential dwelling units, the parking requirements, and the performance standards in a planned zoning district shall be as set out in the equivalent district, although individual lot sizes may be reduced. 4. The permitted uses in a planned zoning district shall be as set out in the equivalent district; provided, however, that limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community. 5. The planning commission may require assurance of the financial and administrative capabilities of any agency created by a developer for the purpose of maintaining common open space and facilities of a nonpublic nature in a planned zoning district. 6. The planning commission and the unified government board of commissioners may, in the process of approving preliminary and final plans, approve deviations in a planned district from the minimum standards in the underlying district as follows: a. Setbacks of buildings, signs, and paved areas from a public street may be reduced to 75 percent of the underlying district's requirement. b. Setbacks of buildings from a project boundary line other than a public street may be reduced to 60 percent of the underlying district's requirements. c. Setbacks of paved areas adjacent to property lines, other than street lines, may be reduced to zero, if existing or proposed development on said adjacent land justifies the same. d. Setbacks, except those from a public street or project boundary line, may be reduced to zero. e. Setbacks of buildings and paved areas from a limited access trafficway may be reduced to five feet. f. Setbacks in abutting residential districts may be reduced between the uses or between a use and a street right-of-way where the project mitigates negative impacts by the use of unique and innovative site planning, buffering, or landscaping techniques. 7. Reductions of setbacks or other open space in a planned zoning district shall be compensated by additional open space in other, appropriate areas of the project. 8. Residential areas shall be planned in a manner that will produce usable open space, recreational opportunities, and safe and attractive neighborhoods. 9. Commercial areas shall be planned and developed so as to result in attractive, viable, and safe centers and clusters, not strip patterns along thoroughfares. 10. Control of vehicular access, floor area ratios, architectural quality, landscaping, and signs shall be exercised to soften and buffer the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other community services. 11. Any building or portion thereof may be owned in condominium as provided by K.S.A et seq. G. Application and review procedures for preliminary plan. 1. Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use. 2. Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section

35 3. Staff review. Following a determination of completeness, the staff shall review the application pursuant to section Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission. a. Notice shall be provided pursuant to section b. The planning commission shall consider the criteria listed in section (f)(5) and (f)(6) in making a recommendation. 5. Recommendation of planning commission. Following the close of the public hearing on an application to rezone land, the planning commission shall recommend approval, conditional approval, or denial at the earliest reasonable time, and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a planned development rezoning request within 63 days of the close of the public hearing regarding that application, the planning commission shall be deemed to have made a recommendation of disapproval. The application will be forwarded to the unified government board of commissioners within 50 days of the deemed denial. 6. Factors to be considered. a. Rezoning application. Approval, conditional approval, or denial of the planned rezoning application shall be based upon consideration of the following factors: 1. Compatibility with the comprehensive plan. 2. The character of the neighborhood. 3. The zoning and uses of properties nearby, and the compatibility of the proposed uses with those uses. 4. The suitability of the subject property for the uses to which it has been restricted. 5. The length of time the property has remained vacant as zoned; the length of time the property has been actively marketed. 6. The extent to which the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality or marketability of nearby property. 7. The extent to which the proposed use would increase or change traffic or parking demand in any ways that would adversely affect road capacity, condition, safety, or create parking problems. 8. The extent to which the proposed use could cause environmental harm or enhance the environment. 9. The extent to which utilities and public services are available and adequate to serve the proposed use. 10. The economic impact of the proposed use on the community. 11. The applicant must meet applicable ordinance requirements. 12. The relative gain to the public health, safety, and welfare as compared to the hardship imposed upon the individual landowner or landowners. b. Preliminary development plan. The following criteria shall be considered when reviewing the preliminary development plan: 1. The development meets the terms of the underlying district as varied by the provisions of subsection (f) of this section; 35

36 7. Protest. 2. The site is capable of accommodating the buildings, parking areas and drives with appropriate open space; 3. The plan provides for safe and easy ingress, egress and internal traffic circulation; 4. The plan is consistent with good land planning and site engineering design principles, particularly with respect to safety; 5. The architectural designs are consistent with unified government policies and regulations and compatible with surrounding features; 6. The plan represents an overall development pattern that is consistent with the comprehensive plan, street map and other adopted planning policies; 7. Right-of-way, as determined by the public works department, has been identified for dedication; 8. Amenities or conditions to be gained by the community are of an equal or higher quality than those required of nonplanned development; 9. Planned zoning is not being used as a refuge from the requirements of these regulations as to the intensity of land use, amount of open space, or other established development criteria. a. Filing. If a protest against such amendment, supplement or change in the zoning of land is filed in the office of the unified government clerk within 14 days after the conclusion of the public hearing before the planning commission pursuant to the publication notice, duly signed and acknowledged by the owners of 20 percent or more of any real property proposed to be rezoned, or by the owners of 20 percent of the total area, excluding streets or public ways, located within or without the corporate limits of the city and located within 200 feet of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths vote of all the members of the unified government board of commissioners. b. Withdrawal. Any person may withdraw their signature from a petition by filing an affidavit with the clerk prior to the deadline for filing a protest petition. After the deadline, petitions cannot be withdrawn. All of the signers of a petition may notify the unified government board of commissioners of their intent to withdraw a petition following the filing deadline, but this will not affect the voting requirement. 8. Action by unified government board of commissioners. When the planning commission submits a recommendation of approval, conditional approval, or disapproval of such amendment and the reasons therefore, the unified government board of commissioners shall consider the criteria established in sections (a) and (f)(6), and may take any action consistent with sections and including: a. Adopt such recommendations by ordinance, which may include such conditions as the unified government board of commissioners deems necessary; b. Override the planning commission's recommendation by a two-thirds majority vote of the membership of the unified government board of commissioners; or c. Return such recommendation to the planning commission with a statement specifying the basis for the unified government board of commissioners' failure to approve or disapprove. If the unified government board of commissioners returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit new and amended recommendation. Upon the receipt of such recommendation, the unified government board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or 36

37 resolution, or it need take no further action thereof. If the planning commission fails to deliver its recommendation to the unified government board of commissioners following the planning commission's next regulation meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction in the part of the planning commission as a resubmission of the original recommendation and proceed accordingly. If adopted, the proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution. No change of zone to a planned district shall be approved without the approval of the preliminary development plans by the unified government board of commissioners. The approved preliminary development plans shall be incorporated by reference in any change-of-zone ordinance to a planned district. 9. Conditional approval of rezoning. In cases in which rezoning applications are conditionally approved by the unified government board of commissioners, the rezoning ordinance shall not be published and thus shall not take effect until the conditions are fulfilled. a. Where a dispute arises between the applicant and staff regarding whether or not the conditions have been fulfilled, the matter shall be brought before the unified government board of commissioners for resolution. No further action will be taken to process the application pending the unified government board of commissioners' determination. b. Failure to fulfill the conditions within one year of unified government board of commissioners approval shall necessitate the scheduling of a public hearing with requisite notice before the unified government board of commissioners. At this public hearing, the unified government board of commissioners shall consider all of the relevant factors and either approve, approve with conditions, or deny the rezoning application. H. Amendments to preliminary development plans. Once property has been rezoned to a planned district, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Changes that are not considered significant pursuant to subsection (h)(1) of this section may be approved by the director without a public hearing, with disapproval appealed to the planning commission. Significant changes may be approved only after rehearing by the planning commission and unified government board of commissioners, subject to the same procedural requirements of an original application. 1. For the purposes of this section, significant changes shall be determined by the director or director's designee and shall mean any of the following: a. Any changes that exceed the provisions of subsection (f) of this section or other terms specified by the planning commission and/or unified government board of commissioners; b. Increases in density or intensity of residential uses by more than five percent; c. Increases in total floor area (entire plan) of all nonresidential buildings by more than five percent or 5,000 square feet, whichever is less; d. Increases of lot coverage by more than five percent; e. Changes of architectural style that will make the project less compatible with surrounding uses; f. Changes in ownership patterns or stages of construction that will lead to a different development concept; g. Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities; h. Decreases of any peripheral setback of more than five percent; 37

38 i. Decreases of areas devoted to open space of more than five percent or the substantial relocation of such areas; j. Changes of traffic circulation patterns that will affect traffic outside of the project boundaries; k. Modification or removal of conditions or stipulations to the preliminary development plan approval; or l. Modifications that change, amend, or violate the terms of the comprehensive plan. 2. Appeal of the director's determination of significant changes may be taken to the planning commission, whose decision shall be final. No further action will be taken to process the application pending the planning commissions' determination. I. Review and approval of final development plans. 1. Contents. Contents of the final development plans shall be as specified in section (e) and subsection (g) of this section. 2. Permits. Permits for grading or construction shall be issued only after final plans have been approved by the planning commission. The developer may submit preliminary and final development plans simultaneously at such person's own risk. 3. Conditions for approval. Final plans shall be approved only after the following conditions have been met: a. Final plans conform to the approved preliminary plan and meet any special conditions imposed at the time of rezoning. Significant changes, as defined in subsection (h)(1) of this section and determined by the director or his delegate, between the preliminary plan and the final plan shall be sufficient reason to require the resubmission of a preliminary plan. b. If the project is being constructed in stages, each stage shall be functional and shall be adequately served by access drives, parking and utilities as a freestanding project which will not have adverse effects on the neighborhood if subsequent stages are not carried out. 4. Planning commission action. a. A final development plan that contains no modifications or additions from the approved preliminary plan shall be approved by the planning commission if the commission determines that all of the submission requirements have been satisfied. Normally, a public hearing is not required; however, the planning commission may require a public hearing where more than six months have passed following preliminary plan approval. b. A final development plan that contains modifications from the approved preliminary development plan but which changes are not significant pursuant to subsection (h)(1) of this section, as measured against the original approved preliminary plan, may be approved by the planning commission without a public hearing provided the commission determines that all of the submission requirements have been satisfied. The planning commission may require a public hearing where more than six months have passed following preliminary plan approval. c. If the final development plan has significant changes from the preliminary plan, pursuant to subsection (h)(1) of this section, it shall not be considered and shall be returned to the applicant. J. Abandonment of final development plan. In the event the a plan or section thereof is given final approval and thereafter the landowner shall abandon said plan or a section thereof and shall so notify the unified government in writing, or in the event the landowner shall fail to commence, as evidenced by receipt of building permits and start of construction, the planned development within 18 months after final approval has been granted or in the case of subsequent phases each shall be initiated within 24 months of the issuance of a certificate of occupancy on the entire preceding phase or the plan will be considered abandoned, then in either event such final approval shall terminate and shall be deemed null and void unless 38

39 such time period is extended by the planning commission upon written application by the landowner. Whenever a final plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new development plan has been approved. K. Time limit for refiling. The time limit for refilling a final development plan shall be as specified in section (j). (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Development plan. A. Purpose. A development plan may be required as part of another application or approval process to ensure that the proposed development conforms to these regulations and incorporates a compatible arrangement of buildings, parking, lighting, signage, landscaping, circulation, drainage, and open spaces. B. Applicant. Where no rezoning is required, a development plan is submitted by the applicant to the director. Where other applications or permits are sought, a development plan is submitted in conjunction with those development application processes. C. Applicability. 1. A development plan shall be required for all new nonresidential or multifamily construction, exterior additions/changes that expand the building footprint or envelope for nonresidential or multifamily construction, or changes in use to any structure used for multifamily, commercial, industrial, or public use. 2. A development plan is submitted in two phases: preliminary plan and final plan. A preliminary development plan may be used as a preliminary plat where all of the information required of preliminary plat has been included on the preliminary development plan. D. Submission requirements for a preliminary development plan. The size, scale and number of copies (paper and digital) submitted shall be established by the department of urban planning and land use. The department of urban planning and land use shall establish a list of preliminary development plan requirements, which shall include at least the following: 1. Name, address, phone number, cell phone number, and address of record of landowner and architect, engineer, surveyor, planner, and/or contractor, and an affidavit from the property owner acknowledging and approving of the application; 2. Date, north arrow, scale, existing zoning classification and proposed classification; 3. Vicinity map at a scale of not less than 1 inch = 2,000 feet; 4. Location and size by survey of existing and proposed rights-of-way, easements, and infrastructure-sewer, water mains, gas mains, culverts, or other underground installations, with pipe size, grade, and location shown; 5. Size, use and location of existing and proposed structures and drives on the subject property, and existing zoning, structures, and drives within 200 feet of the property; 6. A legal description of the property, showing the location and type of boundary evidenced and including a statement of the total area of the property; 7. Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent, then either one-foot contours or spot elevations shall be provided; 8. Location of floodplain areas subject to flooding, centerlines of drainage courses, and finished floor elevations of proposed buildings; 39

40 9. The height, number of floors, proposed square footage of buildings, both above and below or partially below the finished grade; 10. The yard dimensions from the development boundaries and adjacent streets and alleys; 11. The traffic and pedestrian circulations system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths; 12. Off-street parking and loading areas, including dimensions or proposed drives and parking spaces, and structures and landscaping for parking areas; 13. Green belt and other active recreation space areas, together with proposed private recreation areas, specifying the proposed improvement of all such areas, and delineating those areas proposed for specific types of recreation facilities; 14. When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units and approximate completion date for the construction of each stage or unit. In any case, subsequent phases shall be initiated within 24 months of the issuance of a certificate of occupancy on the entire preceding phase; 15. Preliminary architectural elevations of proposed structures and an initial list of proposed building materials, a material palette (actual exterior material and color samples), and for nonresidential projects written design guidelines; 16. A master sign plan, detailing all proposed signage for the site; 17. A conceptual landscape and screening plan that includes basic sizes and quantities; 18. Preliminary drainage and erosion control information sufficient to meet unified government requirements; 19. A chart describing the following, as applicable: a. Total number of dwelling units; b. Residential density and units per acre; c. Total floor area (in square feet) and floor area ratio for each structure; d. Total area in open space; e. Total number of off-street parking spaces required and number provided. E. Application and review procedures. 1. Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section Neighborhood meeting. 3. Notice. F. Preliminary development plan review; no additional applications. 1. Director review. If the preliminary development plan is submitted as a single application in a conventional (nonplanned) district, the director or his designee shall review the application. If the director determines that the application meets the terms of these regulations, he shall approve the application through the development review committee. 2. Additional applications. If the preliminary development plan is submitted in conjunction with any supplemental or additional applications (e.g., rezoning) or as a requirement of a planned district, the preliminary development plan shall be reviewed by the planning commission. 3. Appeal. Determinations made by the director or his designee may be appealed to the planning commission. 40

41 G. Submission requirements for a final development plan. The final development plan shall include the following information, with separate sheets for each of the following categories: 1. A site plan showing the following: a. Dimensions of all elements; b. Outline of buildings; c. All drives, streets and parking spaces; d. Curb and pavement details; and e. Location and width of sidewalks. 2. A grading plan showing the following: a. Natural contours and finish contours; and b. Floor grades. 3. A landscape plan showing the following: a. Turf areas with approximate dimensions; b. Shrubs, ornamental trees and shade trees; c. Botanical names, sizes when planted, quantities; d. Trash bin enclosures; e. Details of screening; f. Lighting and sign locations, elevations, dimensions and descriptions; and g. Irrigation, with a note specifying that final irrigation plans may be submitted by the contractor at the time of installation. 4. Architectural plans showing the following: a. Floor plans with gross square footage and total number of floors; b. All four elevations with dimensions; c. Location of mechanical equipment, screening details if on roof, building materials, and if pertinent, colors, signs and other details; d. Trash enclosures and grease traps; and e. Other information as deemed appropriate by the director of planning. 5. Final engineering plans: a. Sanitary sewer; b. Streets; c. Stormwater control; and d. Any necessary revisions to a previously submitted traffic study. 6. Final utility plans: a. Water; b. Electric; c. Phone; d. CATV; and e. Gas. H. Final development plan review; no additional applications. 41

42 1. Director review. If the final development plan is submitted as a single application in a conventional (nonplanned) district, the director or his designee shall review the application. If the director determines that the application meets the terms of these regulations and conforms to the approved preliminary development plan, the director or his designee shall approve the application. 2. Additional applications. If the final development plan is submitted in conjunction with any supplemental or additional applications (e.g., rezoning) or as a requirement of a planned district, the final development plan shall be reviewed by the planning commission. 3. Appeal. Determinations made by the director or his designee may be appealed to the planning commission. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Comprehensive plan or plan map amendment. A. Purpose. The text of the adopted comprehensive plan, neighborhood plans, corridor plans, area plans, or other functional plans may be amended to reflect changes in the area's growth, development or planning policies. Changes may also be necessary to the future land use map based on changing neighborhoods or social demands. The unified government may establish a schedule prescribing when and how frequently the comprehensive plan and relevant maps will be amended. B. Applicant. A proposal for amendment or change to the comprehensive plan may be initiated by the unified government board of commissioners, the planning commission, the director, or upon application of the property owner or owner's agent. If no amendments are proposed during a calendar year, the director will schedule the comprehensive plan for review by the planning commission prior to the end of that year. C. Applicability. Comprehensive plan amendment shall be required in any circumstance where a proposed rezoning is not in conformance with the comprehensive plan land use classification or in circumstances where the unified government has determined that change is appropriate for planning purposes. D. Preapplication conference. A preapplication conference is required pursuant to section E. Determination of type. The director or his designee will determine whether the application is for a minor amendment, standard amendment, or major amendment. Major amendments will be required to be submitted with a complete area plan for the subject property. At the discretion of the director, standard amendments will be required to be submitted with a neighborhood, area, corridor, or other plan as is appropriate. The following criteria will be used as guidelines for classification: Minor Standard Major Property in single ownership Property in single or multiple ownership Property in single or multiple ownership Fewer than 20 acres in size Between 20 and 160 acres in size More than 160 acres in size No text amendment Text amendments related to specific policies that govern subject property General text amendments Traffic generation at same level or less than existing classification No need for new or upgraded public infrastructure or services Traffic generation can be accommodated through new streets and/or minor improvements to existing streets New or upgraded public infrastructure or services paid by developer Traffic generation will require substantial improvements to existing streets New or upgraded public infrastructure will service area larger than development at significant cost to community 42

43 F. Submission requirements. The director shall prepare applications specifying the information to be submitted in support of a comprehensive plan amendment application. The application shall include at least the following: 1. Comprehensive plan text amendment (no map amendment). a. A typewritten copy of the proposed changes to the text in underline/strikeout format. b. A description of the reasons supporting the amendment and the special circumstances, if any, requiring the change. 2. Comprehensive plan future land use map amendment. a. All applications. 1. A legal description of the subject property for which the amendment is requested. 2. A scaled map of the property, correlating with the legal description, and area may showing the property's location. 3. The area of the property in square feet or acres. 4. The name, address, and telephone number of the applicant and property owner. 5. A description of the present use of the property, existing comprehensive plan classification, and the existing zoning classification, along with the same information for surrounding properties. 6. Identification of the requested new comprehensive plan classification. 7. A description of existing road conditions and new roads to be included in the development and/or the effect of the proposed development on existing roads and traffic conditions. 8. The source/method for providing utility/infrastructure services to the property. 9. A description of the potential density permitted by the land use classification change. 10. An estimation of future costs and revenues attributable to the unified government as a result of development pursuant to the land use map amendment. 11. A written analysis of the differences between the current and proposed designations. b. Standard and major amendments. 1. All items required for all amendments. 2. An analysis of the impact of the amendment on surrounding properties and plans. 3. An analysis of the long term development of the area (20 50 years) incorporating review of land use, transportation, infrastructure, environmental impact, market potential, and fiscal impact to both the unified government and the property owner. 4. If the applicant retains a consultant to prepare these analysis, submission of the name of the consulting firm to the unified government for approval. G. Application and review procedures for comprehensive plan amendment. 1. Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section Neighborhood meeting. a. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section b. Applicants for standard and major amendments shall schedule at least two public planning charrettes (workshops) within or near the subject area. Charrette requirements, including number, timing, and notice shall be established by the director and published on an annual basis. 43

44 3. Staff review. Following a determination of completeness, the staff shall review the application pursuant to section Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission. a. Notice shall be provided pursuant to section b. The planning commission shall consider the criteria listed in subsection (g)(5) of this section in making a recommendation. c. Following the final hearing on an application to amend the comprehensive plan, the planning commission shall recommend approval or denial within 63 days and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a comprehensive plan amendment request, the planning commission shall be deemed to have made a recommendation of disapproval. 5. Factors to be considered. Approval or denial of the comprehensive plan amendment shall be based upon consideration of the following factors: a. Whether events subsequent to the comprehensive plan adoption have changed the character and/or condition of the area so as to make the application acceptable; b. Whether the change is consistent with the goals and policies of the comprehensive plan and/or any relevant corridor, neighborhood, or area plan; c. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, parks and recreational facilities, roads, and others are adequate to serve development for the type and scope suggested by the proposed land use. If utilities are not available, whether they can be reasonably extended; d. Whether the proposed amendment would result in comprehensive plan or regulatory conflicts; e. Whether the proposed amendment would allow a change in development on the subject site without creating adverse impacts on existing or planned surrounding uses, or creating inconsistencies with applicable future land use map patterns; and f. The impacts of the potential costs and benefits derived by the community or area by the proposed change. 6. Action by unified government board of commissioners. When the planning commission submits a recommendation of approval or disapproval of such amendment and the reasons therefore, the unified government board of commissioners shall consider the criteria established in subsection (g)(5) of this section and may take any action consistent with sections and , including: a. Adopt such recommendations by ordinance; b. Override the planning commission's recommendation; or c. Where there is new material evidence received at the unified government board of commissioners' meeting that was not available to the planning commission, return such recommendation to the planning commission for reconsideration based upon the new evidence. 7. Failure to of planning commission to make recommendation. If the planning commission fails to deliver its recommendation to the unified government board of commissioners following the planning commission's next regular meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction on the part of the planning commission as a resubmission of the original action and proceed accordingly. The proposed comprehensive plan amendment shall become effective upon publication of the respective adopting ordinance or resolution. 44

45 (Code 1988, ; Ord. No. O-27-05, 1, ) State Law reference Comprehensive plans, K.S.A Sec Special use permit. A. Purpose. In recognition of certain uses and situations with characteristics which may not blend or harmonize with the uses in the standard zoning districts, the unified government board of commissioners may, by special use permit, authorize the location of specified uses, under such conditions as to operation, site development, signs, time limit, or other conditions as may be deemed necessary to assure that the use will not injure neighboring property or the welfare of the community. B. Applicant. A special use permit application may be initiated by the unified government board of commissioners, planning commission, or upon application of the property owner or owner's agent. C. Applicability. A special use permit application shall be required for all uses so identified pursuant to these regulations or the applicable comprehensive plan. D. Preapplication conference. A preapplication conference is required pursuant to section E. Submission requirements. The director of planning shall prepare an application form specifying the information to be submitted in support of a special use permit application. The application shall include at least the following: 1. A preliminary development plan as identified in section (d). A preliminary development plan is not required for the keeping of livestock or home occupations with no exterior or parking modifications. 2. A statement of the reasons why the special use permit is being requested. 3. All studies as may reasonably be required by the director of planning or his designee. F. Application and review procedures. 1. Determination of completeness. Applications shall be submitted to the director of planning or director's designee for a determination of completeness pursuant to section An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use. 2. Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section Staff review. Following a determination of completeness, the staff shall review the application pursuant to section As part of the review, staff shall recommend appropriate conditions to be placed on the approval, construction, and continuing function of the special use. Such conditions may be drawn from local, regional, or national standards and requirements. 4. Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission. a. Notice shall be provided pursuant to section b. The planning commission shall consider the criteria listed in subsection (f)(5) of this section in making a recommendation. c. Following the final hearing on an application for a special use permit the planning commission shall recommendation approval or denial at the earliest reasonable time, and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a special use permit request within 63 days of the close of the public hearing regarding the application, the planning commission shall be deemed 45

46 to have made a recommendation of disapproval. The application will be forwarded by the director to the unified government board of commissioners within 50 days of the deemed denial. 5. Factors to be considered. Approval or denial of the special use permit shall be based upon consideration of the following factors, in addition to those factors specific to each use: a. The character of the neighborhood. b. Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it. c. Where applicable, hours of operation. d. Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. e. Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for nearby property. f. Whether the proposed use would pollute the air, land or water. g. Compatibility with existing and proposed land uses in the surrounding area. h. Whether the use would damage or destroy an irreplaceable natural resource. i. The relative gain to the public health, safety, morals, and welfare as compared to the hardship imposed upon the individual landowner or landowners. j. The applicant's ability to maintain the use in an "as proposed" condition. k. Whether the proposed use would result in overcrowding of land or cause an undue concentration of population. l. In general, commercial and industrial special use permits should not be granted adjacent to residential districts. 6. Action by unified government board of commissioners. When the planning commission submits a recommendation of approval, conditional approval, or disapproval of a special use permit and the reasons therefore, the unified government board of commissioners shall consider the criteria established in subsection (f)(5) of this section and may take any action consistent with sections and , including: a. Adopting such recommendations by ordinance, which may include such conditions as the unified government board of commissioners deems necessary; b. Overriding the planning commission's recommendation by a two-thirds majority vote of the membership of the unified government board of commissioners; or c. Where there is new material evidence received at the unified government board of commissioners hearing that was not available to the planning commission, then returning such recommendation to the planning commission for reconsideration based on the new evidence. 7. Conditional approval of special use permit. In cases in which special use permit applications are conditionally approved by the unified government board of commissioners, the permit shall not take effect until the conditions are fulfilled. Such conditional approval shall expire after one year if the conditions are not met, unless otherwise specified in the approval. 8. Duration of approval. Special use permits may be approved at initial issuance for up to two years. Subsequent renewals may be granted for up to five years depending upon the information submitted at the renewal hearing. Race tracks, sanitary landfills, medical waste incinerators and other very large uses may be approved for longer periods. 46

47 9. Final plan review approval by the planning commission, according to section (g), is required following unified government board of commissioners' approval of the special permit. G. Exceptions from procedures and fees. Home occupations or keeping of livestock require a fee in the amount established by the director. The procedure shall vary from that established for other special use permits in that upon receipt of recommendations from the planning commission, the unified government board of commissioners may approve or disapprove the special use permit. For these uses, the unified government board of commissioners will not be required to return the matter to the planning commission for reconsideration. A neighborhood meeting is not required for the keeping of livestock or home occupations with no exterior or parking modifications. H. Termination. If a use granted a special use permit is discontinued for a period of six months, or inadequate progress toward initiating the use, such as failing to meet or make progress toward meeting the initial conditions of approval, is made in six months, the special use permit shall no longer be valid. Any use requiring a special use permit from that time on will require a new application and the procedure set out under this section. I. Revocation. 1. The unified government board of commissioners may revoke and discontinue a special use permit pursuant to section based on the criteria listed in subsection (f)(5) of this section or for any one of the following reasons: a. Failure to maintain the premises in such manner as required by ordinance; b. Failure to comply with the requirements set forth herein or established by the unified government board of commissioners as a condition for approval; c. Failure to construct or maintain the improvements according to the plans presented at the time of approval; or d. Unforeseen incompatibility with surrounding or adjacent uses. 2. If the unified government board of commissioners revokes the special use permit, it shall set an effective date for discontinuance, and the office of the chief counsel may take appropriate action to ensure compliance. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Subdivision. A. Purpose. The purpose of subdivision is to provide for the orderly and efficient development of land by assuring the following: 1. Development of such character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise or other adversity. 2. Provision is made for drainage, erosion, water supply, sewage disposal and other appropriate utility services. 3. Streets are designed so as to provide a safe, convenient and functional system for vehicular traffic, including access to major streets, proper ingress and egress, and traffic controls, and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probable future land and building uses. 4. Assurance that buildings, lots, blocks, parcels and streets are so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for long-term sustained real estate values. 47

48 5. Development patterns are designed with due regard to topography and floodplains, so that the natural features of the land and vegetation shall be protected and enhanced. 6. Adequate sites are provided for schools, parks, playgrounds, and other community services and facilities so that residents of all neighborhoods shall have convenient access to such facilities. B. Applicant. A subdivision application may be initiated by the unified government board of commissioners, planning commission, or upon application of the property owner or owner's agent. C. Applicability. 1. No division of land into two or more parts, any part of which contains less than 20 acres or 600 feet of street frontage, or other activities included in the definition of subdivisions, as defined herein, shall be made prior to approval of a plat by the planning commission and unified government board of commissioners, except as specifically exempted in subsection (c)(2) of this section. No subdivision shall be filed with the register of deeds, and no building permit shall be issued unless an appropriate plat has been approved by the planning commission and unified government board of commissioners, and recorded, except as specifically exempted in subsection (c)(2) of this section. 2. The following subdivisions are not required to be platted or replatted, but do require administrative review and approval prior to recordation: a. Administrative review shall be required for some applications. This shall include the submission of a survey with any previous divisions shown in dashed lines. The survey shall include a signature box in the lower right corner of the document that states "Approved by Director of Planning" with a signature line and date line. b. Administrative review is required for these subdivisions: 1. Residential lot splits, meaning the division of a residential platted lot into two lots or portions thereof, provided each lot conforms to these regulations and all of the provisions of the zoning ordinances. All such lot splits shall conform to the requirements of section Industrial and commercial lot splits, meaning the division of a platted lot utilized or zoned for commercial or industrial use into two or more lots or portions thereof that each conforms to the provisions of the zoning and subdivision regulations, shall not be required to be replatted, unless a new street or streets are laid out or are proposed over vacated streets or alleys, or when the proposed development pattern or ownership pattern and the existing lot pattern bear no reasonable relationship to each other. 3. Any movement of property lines between agreeing owners, provided such movement does not create a nonconformity or any additional lots. 4. A single division for an immediate family member (son, daughter, mother, father, brother, or sister), provided the tract is one acre with 150 feet of frontage on existing or dedicated future right-of-way; the tract must be restricted to ownership by the immediate family member for at least ten years, provided it meets sanitary waste disposal requirements of the unified government and state. c. No administrative review is required for these subdivisions: 1. Any division of land ordered by a court of competent jurisdiction, provided the court order accompanies the metes and bounds application. 2. Any division of land where all divided parcels will contain more than 35 acres. 3. Any division necessitated as a matter of probate, provided the probate documents accompany the metes and bounds application. 48

49 d. A building permit shall not be issued for any nonagricultural building or structure on land not required to be platted which abuts a street having less than 25 feet of right-of-way in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures: 1. Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication. 2. Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat, deed of dedication, or agreement with the unified government. 3. A right-of-way over and above 30 feet as may be required for class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication of land may be approved. Such approval shall be by an agreement with the unified government approved by the unified government board of commissioners after recommendation by the county engineer. In this case, building setback will be measured from the line established by the reservation. D. Preapplication conference. A preapplication conference is required pursuant to section E. Submission requirements for a preliminary plat. The preliminary plat shall be drawn at a scale and on a sheet size identified by the director of planning in the subdivision application. The information shall be submitted in the quantity and format identified by the director of planning, containing the following information: 1. Proposed name of subdivision. 2. A legal description of the property. 3. Existing zoning, and if applicable, proposed zoning. 4. Names and addresses of the owner of record, developer and registered surveyor, land planner, licensed professional engineer and/or architect in the state. 5. Scale, north arrow and date of preparation, and if applicable the dates of any revisions. 6. A key map showing the location of the proposed subdivision referenced to existing or proposed streets and to section lines. 7. The following existing conditions: a. All platted or existing streets, property lines and the names of platted subdivisions for a distance of not less than 200 feet. b. Location, width, and names of all existing streets, easements, utilities, and rights-of-way; public spaces; and permanent buildings within 200 feet of the proposed plat. c. Existing contour lines at two-foot intervals. d. Significant site features, including tree stands, wooded or vegetated areas, wetlands, water bodies, and slopes in excess of ten percent. e. Location of any 100-year flood fringe or floodway boundaries before and after subdivision. In zone A for which no regulatory flood level has been established in addition, an estimate of the regulatory flood level shall be submitted. Any change in the regulatory flood plain must be accomplished prior to review by the planning commission. f. Names and addresses of adjoining property owners and property owners based on information provided by the unified government. 49

50 8. Proposed development, as follows: a. The location and width of proposed rights-of-way, streets, alleys, pedestrian ways and sidewalks, and utility easements. b. Layout, number and dimensions of lots and parcels and the number or letter of each lot, block, or parcel. c. Location, size and identity of areas proposed for dedication to public use or to be reserved by deed or covenant for the use of all property owners in the subdivision, and any conditions of such dedication or reservations. d. The proposed use of land for each lot or outparcel under the same control or ownership. e. Approximate gradients of proposed streets, stormwater facilities and sanitary sewers within the subdivision. f. A written statement relating how liquid wastes are to be handled, whether by sewers and an existing sewer district, a district yet to be formed, private treatment facility, etc. g. Preliminary grading plans for natural drainage ways that are to become improved surface drainage channels. h. A copy of a preliminary set of protective covenants to run with the land shall be submitted with all preliminary plats containing five or more lots and designed for single-family and two-family residences. Such restrictions shall have a life of not less than 50 years and contain at least a minimum floor area requirement for residences to be constructed therein, along with a maintenance plan and funding structure for all proposed private open or common areas. i. Any additional studies requested by the director of planning or the director's designee, pursuant to section (b). j. Traffic study for all commercial subdivisions and any residential subdivision with 100 or more proposed dwelling units in the preliminary plat. k. Preliminary stormwater calculations and best management practice/ detention basin requirements. F. Application and review procedures for a preliminary plat. 1. Determination of completeness. Applications shall be submitted to the director of planning for a determination of completeness pursuant to section An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use. 2. Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section Staff review. Following a determination of completeness, the staff shall review the application pursuant to section Notice and public hearing. a. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission. b. Written notice shall be sent to all property owners within 200 feet of the proposed subdivision not less than ten and not more than 15 days prior to the hearing date. 5. The planning commission shall consider the following criteria in making a decision: a. Whether the preliminary plat is consistent with the comprehensive plan, the major street plan and any other adopted plans; 50

51 b. Whether the preliminary plat is in compliance with the standards and requirements of the zoning ordinance, subdivision regulations and other applicable unified government policies and regulations; c. Whether there are adequate public facilities and services available for the proposed lots, including internal and accessing street systems, water, waste water, stormwater, electricity, fire, police, and emergency facilities and services; d. Whether the proposed subdivision will cause adverse or negative impacts on the natural or social environment; e. Whether the subdivision is compatible in lot size, lot-to-structure proportion, building size, and architectural design with existing and proposed development on adjacent properties; f. Whether the subdivision does not encourage premature extension of public services, piece-meal or premature development based upon the location of surrounding development and the availability of public facilities and services; and g. Whether the subdivision will not cause an undue burden on the unified government for maintenance of land and/or facilities. 6. Planning commission determination. Upon hearing all interested parties, the planning commission shall approve or deny the preliminary plat as submitted, or may conditionally approve the plat as submitted subject to specified changes. a. Following a vote denying an application, each planning commissioner voting against the application shall state their reason for so doing and identify such conditions as would be necessary for the application to be conditionally approved. b. If the preliminary plat is disapproved or conditionally approved, the reasons for such actions shall be attached to one copy of the plat and made available to the developer within two weeks of the planning commission meeting. c. On conditionally approving a preliminary plat, the planning commission may require the submission of a revised preliminary plat for either staff or planning commission review. d. If the preliminary plat is approved, or after the revised preliminary plat is submitted and approved pursuant to subsection (f)(6)c of this section, the applicant may proceed with the public works requirements. G. Public works requirements. 1. Upon approval of the preliminary plat by the planning commission, the applicant shall, in the process of preparing a final plat, prepare and submit to the county engineer the following plans (in quantities and sizes specified on the application form) for that portion of the subdivision to be included in the final plat: a. Plans and profiles of all public streets to the county engineer. b. Plans and profiles of sanitary sewers to the county engineer. c. Stormwater plans and drainage calculations, including culverts, bridges, underground pipe, improved channels and natural waterways where appropriate. Drainage easements shall also be shown in preliminary fashion in the plan. Detailed grading plans are required in and adjacent to 100-year floodplain areas. 2. The plans shall be prepared and sealed by a civil engineer registered in the state and shall be submitted concurrently with the final plat application. 3. The county engineer and other appropriate officials shall review the documents submitted pursuant to this part. The county engineer shall notify the applicant in writing of the department's findings prior to final consideration by the planning commission. A copy of this notification shall be placed in the records 51

52 of the planning commission and reference made thereto at the time the final plat is being considered by that body. 4. The planning commission shall not approve a final plat until all public works requirements have been designed or otherwise stipulated and compliance with these regulations certified by the county engineer and water pollution control director. H. Application for a final plat. 1. Submission. The final plat shall be submitted according to the schedule established by the planning commission. 2. Information required. a. Number of copies. The applicant shall provide the number of copies at a size and scale as specified by the department of urban planning and land use submission schedule. b. All or portion of preliminary plat. The final plat may include all or a portion of the area approved in the preliminary plat. c. Contents. The final plat shall contain the following information: 1. The name of the subdivision and any adjacent subdivisions, the names of streets which shall conform to the existing pattern, and a system of lot and block numbers in an orderly sequence. A vanity name may be used if: i. The street is not a through street and is contained wholly within the proposed preliminary plat; ii. iii. iv. The street traverses east to west (all future north/south streets will be a numbered street or terrace); No other street has a similar alignment elsewhere in the community; The name is related to the subdivision or local history; and v. The staff has not yet prepared a street name grid. 2. Location. i. Location by section, township, range, county, and state, including a metes and bounds description of the subdivision based on an accurate traverse giving angular and linear dimensions, length and bearing of all tangent lines, and length, radius and central angle for all curves and total acreage of boundary. ii. iii. 3. Closure. Boundary lines shall be mathematically close. The allowable error of closure on any portion of a final plat shall be 1/10,000 accuracy or better. The plat shall show bearings and distances of all boundary lines and lot lines. The point of beginning shall be labeled on the plat. i. The location and description of all section corners and permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced. ii. When any section corner, quarter section corner, or section center is set or reset by a surveyor and when any such corner is located by a surveyor in the course of carrying out a public survey, there shall be recorded with the county register of deeds reference measurements from permanent visible objects to the location of the point as set, reset or located. These reference objects shall be described clearly. In lieu of reference measurements from visible objects, such reference measurements may be made from triangulation stations established by the United States Coast and Geodetic Survey. 52

53 4. Vicinity sketch showing the relationship of the property to be platted with section lines and existing streets. 5. Bearings and distances. i. Location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet, with the length of radii, arcs, points of tangency, points of intersection and central angles of all curves, and with all other information necessary to reproduce the plat on the ground. ii. iii. Dimensions shall be from all angle points and points of curve to lot lines. In the case of a street right-of-way that is intended to extend through to an adjacent area but will be temporarily dead-ended until the adjacent area is developed, a temporary cul-de-sac shall be indicated. 6. Identification of all streets, easements, and other areas to be dedicated or reserved for public use. 7. Name and address of developer and surveyor making the plat. 8. Scale of plat (the scale to be shown graphically and in feet per inch) and north arrow. 9. The location of all building lines, setback lines, and easements for public services or utilities with dimensions showing their location. 10. Locations and elevations of the 100-year floodplain and floodway, whether mapped or unmapped, for all lots within 50 feet. 11. The following certificates that may be combined where appropriate and which shall be executed on the final Mylar copies. The typewritten or printed names of all persons required by this subsection shall appear below the signature of that person. i. A certificate signed and acknowledged by all parties having any record, title or interest in the land subdivided, and consenting to the preparation and recording of the subdivision plat. ii. iii. iv. Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property; certification that all prior existing easement rights to any person have been absolved on the parcels to be dedicated to public use. The person shall retain such rights as if located in a public street. Certification signed by the licensed professional surveyor responsible for the survey and final map. The certification shall contain a statement certifying that the plat represents a survey made by such person and the details of which are correctly shown. The engineer or surveyor shall not sign the plat until he has had all boundary monuments set in accord with this article. The signature shall be accompanied by the surveyor's seal and shall state the month and year such survey was made. The acknowledgement of a notary in the following form: "State of Kansas, County of Wyandotte, SS. "Be it remembered that on this day of / /, 20, before me, a notary public in and for said County and State, came to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof I have hereunto set my hand and affixed my notarial seal the day and year above written. (SEAL) 53

54 Notary Public "My Appointment Expires / /." v. The certificate of the planning commission in the following form: "This plat of / / has been submitted to and approved by the Wyandotte County/Kansas City, Kansas Planning Commission. Dated this day of / /, 20. Wyandotte County/Kansas City, Kansas Planning Commission By, Chairman, Secretary." vi. vii. viii. The acceptance of dedications by the board of commissioners, in the following form: "The dedications shown hereon, if any, are accepted this day of / /, 20. Mayor Unified Clerk." The certificate of the engineer in the following form: "Recommended for approval by the Wyandotte County/Kansas City, Kansas, Engineer, this day of / /, 20. / / Engineer." The form of the certification may be modified as necessary with the approval of the unified government legal counsel to meet statutory or other requirements. 12. All conditions to approval of a subdivision to run with the land and to be forced by the unified government, and all exceptions granted shall be clearly stated on the final plat prior to its being recorded. 13. The following additional data shall be submitted with the final plat: i. A copy of all lot area, boundary and other calculations performed on the plat shall be submitted to the engineer. ii. iii. Tax certificates from the county shall be submitted stating that all taxes and encumbrances of record have been satisfied. A final and complete set of protective covenants shall be submitted with the final plat and shall be recorded concurrently with the plat. No lot may be sold unless the covenants have been recorded. They may be included on the actual plat as appropriate. Such covenants shall have a life of not less than 50 years and shall contain, at the least: 1. Floor area requirements for single-family and two-family residences that will provide a reasonable transition from residences on adjacent property. In no case shall the minimum habitable floor area in a proposed subdivision be less than 75 percent of the average habitable floor area of dwellings that exist, or do not yet exist but are controlled by covenants, within 200 feet. The distance shall be measured from the boundary line of the proposed subdivision and include any single-family or two-family residential lot any portion of which is within 200 feet. In the Prairie Delaware Piper Planning Area, the square foot guidelines of the plan shall govern each development. 2. A provision not allowing construction of a driveway with direct access onto a designated thoroughfare on a residential lot. 3. Replatting. In the case of replatting: 54

55 a. If the plat is in any way intended to supersede, replace, or substitute for an existing plat of record, either in whole or in part, the manner in which the proposed new plat relates to existing platting shall be shown clearly on the final development plat through the use of phantom lines, dimensions, and any other notation determined to be necessary by the engineer. b. Any plat or part thereof of a street, alley, or other public reservation, including, without limitation, easements, dedicated building setback lines, and access control, shall be vacated both as to use and as to title without any further proceedings upon the filing and recording in accordance with the state law of any plat or replat duly executed in accordance with the law and embracing the same lands as those heretofore embraced by such earlier plat or part thereof or street, alley or other public reservation; provided, however, that the street, alley or other public reservation which may be so vacated shall revert, as provided by the state law. 4. Action by planning commission. a. Final street, sanitary sewer, storm drainage and any other engineering plans shall be completely approved by the engineer prior to submitting the final plat to the planning commission. The board of public utilities shall have indicated in writing prior to submission that any needed water main extension agreement or any electrical distribution agreement has been executed by the development and that underground wiring will be provided unless otherwise provided as set out herein. b. A final plat that contains no modifications or additions from the approved preliminary plat shall be approved by the planning commission if the commission determines that all of the submission requirements have been satisfied. Normally, a public hearing is not required; however, the planning commission may require a public hearing where more than six months have passed following preliminary plan approval. c. A final plat that contains modifications from the approved preliminary plat but which changes are not significant pursuant to section (h)(1), may be approved by the planning commission without a public hearing, provided the commission determines that all of the submission requirements have been satisfied. The planning commission may require a public hearing where more than six months have passed following preliminary plan approval. d. If the final plat has significant changes from the preliminary plat, pursuant to section (h)(1), the application shall not be considered by the planning commission and shall be returned to the applicant. e. If the final plat is returned to the applicant, the reasons for such action shall be attached to a copy of the final plat and made available to the applicant within two weeks of the meeting. 5. Action by unified government board of commissioners. a. Before recording the final plat, it shall be submitted to the unified government board of commissioners for acceptance of public ways, service and utility easements, and land dedicated to public use. b. The acceptance of the public ways, service and utility easements, and land dedicated to the public shall be shown over the signature of the mayor and attested to by the unified clerk or a deputy unified clerk. 6. Recordation. After final approval of the plat and the affixing of all required signatures, the department shall file one copy with the county register of deeds. (Code 1988, ; Ord. No. O-27-05, 1, ; Ord. No. O-61-07, 1(27-280), ) Sec Appeals and variances. 55

56 A. Purpose. 1. The board of zoning appeals may authorize, in specific cases, a variance from the specific terms of this article which will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship, provided that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. 2. Variances shall not be heard or granted for: a. Any use not permitted by this article in such district; b. Residential development that would result in an increase in density greater than that permitted in the applicable zoning district; or c. Changes or modifications to any definition contained in this Code. B. Applicant. A variance request may be initiated by the unified government, property owner, or owner's agent. C. Preapplication conference. A preapplication conference is recommended. D. Submission requirements. The director of planning shall prepare applications specifying the information to be submitted in support of a variance application. The application shall include at least the following: 1. Legal description of the property. 2. A map of the site showing the location and dimensions of the requested variance. 3. A statement of reasons why the variance is being requested. 4. A statement of how the applicant meets the statutory requirements for the issuance of a variance. E. Application and review procedures. 1. Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section Staff review. Following a determination of completeness, the staff shall review the application pursuant to section Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the board of zoning appeals. a. Notice shall be provided pursuant to section b. The board of zoning appeals shall make findings based on the criteria listed in subsection (f) of this section in making a determination. F. Review criteria. A request for variance may be granted upon a finding by the board of zoning appeals that all of the following conditions have been met: 1. The variance arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and which is not created by an action of the property owner, a previous property owner, or the applicant. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. 3. The strict application of the provisions of the zoning ordinance for which variance is requested will constitute unnecessary hardship upon the property owner represented in the application. 56

57 4. The variance desired will not adversely affect the health, safety, morals, order, convenience, prosperity, or general welfare. 5. The granting of the variance desired will not be opposed to the general spirit and intent of this article. G. Action. 1. Following the public hearing, the board of zoning appeals may approve, conditionally approve, or deny the application for variance. 2. If the board of zoning appeals conditionally approves a variance, the conditions imposed shall be designed so as to reduce or minimize any potentially injurious effects of such variance upon the other properties in the neighborhood, and to carry out the general purpose and intent of these regulations. (3) All variance approvals shall include: a. A requirement that construction commence within six months and be completed by a time identified by the board of zoning appeals; and b. A requirement that the project conform to the plans approved as part of the variance permit. H. Appeal. Any person, official, or governmental agency aggrieved by any order or determination of the board of zoning appeals may bring an action in the district court to determine the reasonableness of such order or determination. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the board. I. Fees. Any person filing an appeal pursuant to this section to the board of zoning appeals shall, at the time application is made, pay the appropriate fee as set by the county administrator in the fee schedule set forth as an appendix to this Code. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Appeal of administrative decisions. A. Process. Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the unified government or any governmental agency or body affected by any decision of the director of planning or the building official. Such appeal shall be taken within 30 days of the final decision by filing with the director of planning and a notice of appeal specifying the grounds thereof and the payment of the fee required therefore. The director of planning shall transmit to the board all the papers constituting the record upon which the action appealed from is taken. This shall be done in advance of the next regularly scheduled meeting that is more than 30 days from the date of the appeal. B. Stay. An appeal stays all proceedings, including processing of applications, in furtherance of action appealed from unless the building official certifies to the board, after the notice of appeal has been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, 1. proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record, on application or notice to the director of planning and on due cause shown. C. Hearing. The board shall fix a reasonable time for the hearing of the appeal or any other matter referred to it. Except in emergency cases as noted in this section, notice of the time, place and subject of such hearing shall be published once in the official unified government newspaper at least 20 days prior to the date fixed for the hearing. A copy of the notice shall be mailed to each party to the appeal, all property owners within 200 feet of the subject property, and to the planning commission chairman. Upon the hearing, any party may appear in person or by agent or by attorney. D. Action. In exercising its powers, the board, in conformity with the provisions of law, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination, and to that end, shall 57

58 have all powers of the director of planning and the building official, may attach appropriate conditions, and may issue or direct the issuance or revocation of a permit. (Code 1988, ; Ord. No. O-27-05, 1, ) Sec Interpretation. A. Authority. The director of planning shall have authority to make all written interpretations concerning the provisions of these regulations and the official zoning map. B. Request for interpretation. A request for interpretation shall be submitted to the director of planning on a form established by the director of planning and made available to the public. C. Interpretation by director of planning. The director of planning shall: 1. Review and evaluate the request in light of these regulations, the zoning map, the comprehensive plan, and any other relevant information; 2. Consult with other staff as necessary; 3. Render an opinion; and 4. Provide the interpretation to the applicant in writing by regular mail. D. Official record. The director of planning shall maintain an official record of interpretations that shall be available for public inspection during normal business hours. E. Appeals. Appeal of the director's interpretation may be made pursuant to section (Code 1988, ; Ord. No. O-27-05, 1, ) Secs Reserved. ARTICLE VII - SUBDIVISIONS [7] Footnotes: --- (7) --- Cross reference Occupation tax on subdividers and developers, State Law reference Subdivision regulations, K.S.A et seq. DIVISION 1 - GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley means a minor way, dedicated to public use, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street. Block means a tract of land subdivided into lots or parcels. Comprehensive plan means the duly adopted comprehensive plan for the city, including the major street plan and subsequent amendments. Cul-de-sac means a street having one end open to traffic and being terminated by a vehicle turnaround. 58

59 Developer means a person involved in subdivision activity, zoning, or approval for installation of public or private improvements. Easement means a grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes. Improvement, public means street pavement, curbs, sanitary and storm sewers, permanent monuments, water mains and other appropriate items. Lot means a tract of land created and given specific dimensions for the intended use as a unit of transfer of ownership or for development. Pedestrian way means a right-of-way, dedicated to public use, which cuts across a block or parcel to facilitate pedestrian access to adjacent streets and properties. Plat, final means a drawing of permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements and prepared for permanent record. Plat, preliminary means a plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of proposed streets, lots and other elements meeting the requirements outlined herein. Public works element means that portion of the subdivision process between the preliminary subdivision plat and the subdivision final plat where plans for streets, sanitary sewers, and storm drainage improvements are submitted for approval. Right-of-way means the land opened, reserved, or dedicated to the public for a street, walk, drainage, or other public purpose. Setback line or building line means a line on a plat generally parallel to the street right-of-way indicating the limit beyond which buildings, structures, or parking facilities may not be erected except as provided by ordinance. Street means a strip of land, intended primarily as a means of vehicular and pedestrian travel that may also be used to provide space for sewers, public utilities, and sidewalks. Street, collector means a street that collects traffic from local streets and moves it to an arterial or thoroughfare. Where possible, houses should not front on collector streets. Street, major means a thoroughfare or collector as indicated on the major street plan. Subdivision means the division of a lot, tract, or parcel of land into two or more lots, plots, sites or other division, by which is formed at least one division of less than five acres or less than 300 feet of street frontage for the purpose of transfers of ownership or development, whether immediate or future, including a resubdivision of land. The creation of a street, alley or other public way by dedication shall be deemed a subdivision. In the area annexed by Ordinance No , the definition of a subdivision shall be the same except that divisions of less than ten acres shall be deemed a subdivision. Utility equipment means any mechanical or electrical device located below or above grade and used to supply gas, sewer, water, electricity, communications, or television signal service. The functional differentiation of various utility equipment is further defined as follows: 1. "Transmission line" means conductors and equipment operating at more than 15,000 volts for the purpose of transmitting electrical power from generating plants to switching stations and substations. 2. "Distribution feeder lines" means conductors and equipment operating below 15,000 volts for the purpose of feeding power from substation to distribution lines. 59

60 3. "Services" means the conductors and equipment, including electrical power, communications, and television, and operating at less than 750 volts for the purpose of delivering electrical, communications or television power directly to consumers. 4. "Substation" means equipment including transformers, regulators and switching equipment for the purpose of interconnecting transmission, feeder, and distribution lines. 5. "Transformer" means equipment used to connect current in a primary circuit into variations of voltage and current in a secondary circuit. 6. "Switching station" means equipment used to interconnect more than two lines of the same type and voltage. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 12, ) Cross reference Definitions generally, 1-2. Sec Purpose. The purpose of this article is to provide for the orderly and efficient development of land in the city by assuring the following: 1. Development of such character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise or other adversity. 2. Provision is made for drainage, water supply, sewage disposal and other appropriate utility services. 3. Streets are designed so as to provide a safe, convenient and functional system for vehicular traffic, and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probable future land and building uses. 4. Assurance that buildings, lots, blocks, parcels and streets are so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for longterm sustained real estate values. 5. Development patterns are designed with due regard to topography, so that the natural features of the land and vegetation shall be protected and enhanced. 6. Adequate sites are provided for schools, parks, playgrounds, and other community services so that residents of all neighborhoods shall have convenient access to such facilities. (Code 1988, ; Ord. No , 1( ), ) Sec Violations and penalties. A. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be punished by a fine of not to exceed $500.00, by imprisonment for not more than six months for each offense, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. B. Where any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this article, the proper authorities of the unified government, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises. (Code 1988, ; Ord. No , 1( ), ) Sec Exceptions. 60

61 A. The standards and procedures required in this article shall be interpreted and applied literally in the case of all subdivision plats submitted. However, in those cases of hardship caused by size, location or configuration of land, topography, or other factors which affect a specific tract or subdivision or portion thereof, the sub dividers may request an exception from one or more of the requirements requested herein. An exception may be requested at the time of filing the preliminary or final plat. An exception may then be approved by the planning commission and unified government board of commissioners, provided that in their judgment such action will not violate the public interest, unnecessarily burden the unified government, nor annul the intent and purposes of these regulations. B. In addition, where a preliminary plat is submitted along with preliminary plans in a planned zoning district application and deviation is approved in line with the objectives and standards of article VIII, division 3, subdivision II of this chapter, no additional exception shall be required to be approved for such deviation. (Code 1988, ; Ord. No , 1( ), ) Sec Fees. A recording fee shall be submitted with the final plat. This fee shall he as required by the county register of deeds. (Code 1988, ; Ord. No , 1( ), ) Sec Required right-of-way on property not required to be platted. A. A building permit shall not be issued for any nonagricultural building or structure on land not required to be platted which abuts a street having less than 25 feet of right-of-way in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures: 1. Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication. 2. Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat or deed of dedication. B. A right-of-way over and above 30 feet as may be required by class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication of land may be approved. Such approval shall be by the unified government board of commissioners after recommendation by the unified government engineer. (Code 1988, ; Ord. No , 1( (C)), ) Secs Reserved. DIVISION 2 - DESIGN PRINCIPLES AND STANDARDS Sec General principles of design. A. In order to achieve the objective of preservation of property values and quality of life, the planning commission and unified government board of commissioners may, in the subdivision approval process, require various design modifications and allow exceptions from this division if, in their judgment, the public 61

62 welfare will be served. The mere compliance with the minimum standards in this division does not assure approval of a subdivision. B. The planning commission may, in its review of preliminary and final plats, require the following if the public interest is served and if the requirement is not unreasonable or inequitable to any party: 1. Construct walkways or bicycle paths. 2. Provide larger lots than the required minimum if transition from a large lot subdivision is needed to preserve property values. 3. Disapprove subdivisions in locations where sanitary sewer systems are not available for disposal of wastewater if evidence or past experience indicates that contamination of surface or ground water will occur or if installation of a system of sewers and temporary treatment is feasible. 4. Disapprove or delay subdivisions in locations where current street access to the subdivision does not have an adequate, safe and all-weather type surface. 5. Require adjustments and special protective measures in street and lot planning where floodplains exist or where surface runoff is concentrated to the degree that erosion is likely or danger to life or property may exist. (Code 1988, ; Ord. No , 1( ), ) Sec Lots. A. The minimum lot width and area shall be governed by article VIII of this chapter. The minimum depth for a residential lot shall be 100 feet. B. In subdivisions that: 1. Do not include public street construction adjacent to the proposed lot; 2. Are zoned a residential or agricultural zoning district; 3. Propose new building sites as opposed to divisions that divide buildings or divide building sites with existing main buildings on them; the depth of a lot, measured as the average horizontal distance from the front street line to the rear lot line, shall not exceed three times the width. The lot width for this purpose is the maximum horizontal distance between side lot lines within 60 feet of the front street line. C. Where sanitary sewers are not available and septic tanks or other individual sewage disposal systems are to be installed, lots must meet the requirements under chapter 30, article VII. D. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. E. Every lot shall relate to a street with adequate frontage for proper and safe vehicular access. F. Residential lots shall not face on or otherwise receive access onto streets designated as major streets unless the lot has a minimum lot area of five acres and a minimum of 300 feet of frontage on the major street. (Code 1988, ; Ord. No , 1( (B), ; Ord. No. O-61-07, 1(27-672), ) Sec Streets. A. Arrangement of major streets shall conform as nearly as possible to the major street plan. Except for courts and cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts. B. Provisions shall be made for adequate traffic circulation. Cul-de-sacs shall normally not be longer than 500 feet, including a turnaround that shall have an outside curb radius of not less than 40 feet and a right-of-way radius of not less than 50 feet. Local streets shall be laid out so that through traffic will be discouraged. 62

63 C. Where the plat includes only part of the tract owned or intended for development by the developer, a tentative plan of a proposed future street system and drainage system for the remaining portion shall be prepared and submitted by the developer. D. Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets generally shall be 75 degrees. E. Streets entering the opposite sides of a street shall either be directly across from each other or offset by at least 100 feet from centerline to centerline. F. Alleys shall not be less than 20 feet wide. Intersecting alleys shall have corner cutoffs of at least 20 feet on a side. Dead-end alleys shall have turnarounds of the same dimensions as required for a cul-de-sac. G. Street design shall conform to table A. H. In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing or future streets. Where no existing plats control, the blocks shall not exceed 1,800 feet in length. (Code 1988, ; Ord. No , 1( (B)), ) Sec Rural residential subdivisions. A. Subdivisions in the R rural residential district and R-1 large lot residential district, as established in ARTICLE VIII, DIVISION 3 of this chapter, anticipate a lower density of population (one or more acres per family) and a lower level of urban services than the standard residential subdivision. Such divisions will not be permitted in locations where they might have the effect of blocking the orderly extension of sanitary sewers, standard streets, and storm drainage systems, or that might limit the development potential of the land. The following standards are minimum in R rural residential subdivisions. 1. The minimum lot size is one acre. 2. The minimum lot width is 120 feet. 3. The minimum lot depth is 300 feet. 4. Streets shall conform to table A. 5. The minimum size of the subdivision shall be 20 acres or shall abut existing R subdivision. 6. A drainage plan showing proposed dispersal of surface runoff in ditches, culverts, and swales shall be submitted with the public works element. B. The following standards are minimum in R rural residential district as established in ARTICLE VIII, DIVISION 3 of this chapter: 1. The minimum lot size is five acres. 2. The minimum frontage is 330 feet. 3. Streets shall conform to table A, section under local rural residential streets only in district R. C. The following standards are minimum in R-1, large lot residential district, as established in the county zoning resolution and subdivision regulations: 1. The minimum lot size is one acre. 2. The minimum frontage is 150 feet. 3. Streets shall conform to table A, section , under local rural residential streets only in district R. (Code 1988, ; Ord. No , 1( (C)), ; Ord. No , 5, ; Ord. No , 13, ) 63

64 Sec Easements. A. Utility easements shall be provided along each side of the side lines of lots and/or the rear line of lots where necessary to form a continuous right-of-way. All easements shall be at least ten feet wide. The required tenfoot width may be provided through five-foot easements on either side of lot or parcel lines when such lines do not form, in whole or in part, the outside boundaries of the development plat. B. Utility easements shall connect with easements established in adjoining properties. (Code 1988, ; Ord. No , 1( (D)), ) Sec Relationship between preliminary street plans and development. Where a preliminary design for the rebuilding or widening of a public street, including the establishment of a street profile, has been prepared and accepted by the unified government engineer, elevations of entrances onto such street shall conform to the elevations contained on the preliminary design. It shall be the responsibility of the developer to establish the floor elevations and location of structures to be built on property adjacent to such road so that they do not conflict with such street plans. The developer may, in the interim period between construction of the street and development of his property, construct a temporary entrance that relates to the existing street elevation. In unusual instances where a preliminary design for rebuilding or widening of a public street does not exist but where, in the opinion of the unified government engineer, such rebuilding or widening will be necessary in the foreseeable future, the unified government board of commissioners may delay approval of final plans upon recommendation of the unified government engineer for up to 60 days until a preliminary study is made. (Code 1988, ; Ord. No , 1( (E)), ) Sec Relationship between preliminary sanitary sewer plans and development. A. Where a preliminary design for the construction of sanitary sewer mains and submains, including the establishment of their location and elevation, has been prepared and accepted by the unified government board of commissioners, all lateral sewer designs and individual sewer designs shall be prepared in such a manner as to be compatible to the preliminary design for the appropriate mains and submains. B. In unusual instances where a preliminary design for sanitary sewers does not exist but where in the opinion of the water pollution control director installation of such sewers will be necessary in the foreseeable future, the unified government board of commissioners may delay approval of final plans upon recommendation of the director for up to 60 days until a preliminary study is made. (Code 1988, ; Ord. No , 1( (F)), ) Sec Protection from flooding. Subdivision proposals shall be designed to assure that all such proposals are consistent with the need to minimize flood damage, that all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards. Subdivisions shall be designed in accordance with the standards established in article XXII, division 5, subdivision III of this chapter. (Code 1988, ; Ord. No , 1( (G)), ) Sec Subdivision entrance and other decorative structures. 64

65 Where one or more entrance or street structures or ornaments such as monuments, pillars, fences, walls, statuary, landscaped islands or other decorative features are to be installed in a permanent fashion, the location, size and design shall be included with the street plans submitted to the unified government engineer for approval. This submission shall also include a copy of the bylaws or other documentation of the association that will have permanent responsibility for maintenance. Such bylaws or other documentation shall contain language that will, in the opinion of the unified government, assure proper maintenance of such structures by such association. (Code 1988, ; Ord. No , 1( (H)), ) Sec Table A, street standards. The following is table A and may be cited as such: Right of Way (feet) Thorough-fares Class A 120 Thorough-fares Class B 100 Pavement Width Back of Curb to Back of Curb (feet) 2 divided 28' roadways 2 divided 28' roadways Table A Curbs, Required Thorough-fares Class C yes Standard collector streets/local industrial & commercial streets Local residential streets standard Local rural residential streets only in district R Cul-de-sac (turnaround portion) yes yes yes Sidewalks, Required Both sides unless otherwise approved Both sides unless otherwise approved Both sides unless otherwise approved Both sides unless otherwise approved Maximum Number of Thru Traffic Lanes Intersection Curb Radius (feet) yes None Required no None Required foot radius 40 foot radius Minimum Grade (percent) Preferred Maximum Grade (percent) Table A (continued) Maximum Grade (percent) Minimum Horizontal Curve Radius (feet) Minimum Sight Distance of Vertical Curves (feet) Thorough-fares

66 Class A Thorough-fares Class B Thorough-fares Class C Standard collector streets/local industrial & commercial streets Local residential streets standard Local rural residential streets only in district R Cul-de-sac (turnaround portion) (Code 1988, ; Ord. No , 1( (B)(7)), ) Secs Reserved. DIVISION 3 - REQUIRED IMPROVEMENTS Sec Generally. The subdivider of land within the city shall be required to install or otherwise provide for certain improvements within the subdivision. Except for monuments, such improvements shall not be installed prior to proper endorsement of the final plat by the unified government board of commissioners. All improvements installed by the developer shall comply with the specifications and standards of the unified government. (Code 1988, ; Ord. No , 1(27-97), ) Sec Assurances and inspections for public improvements. All streets, sewers, or other facilities intended to be dedicated to the unified government shall be subject to the following: 1. Installation guarantee. No building permit shall be issued for a building to be placed on a lot that is not fully served by all of those improvements. For purposes of this section, "being fully served" shall mean that sanitary sewers (except where alternate methods are used), street pavement, sidewalks, if provided, and storm sewers shall be installed, duly inspected and found acceptable, accepted by the county administrator, and service connections, if appropriate, applied for. In the event that building permits are desired before all of the improvements are in place, the sub-divider may place with the unified government performance surety, in the form of bond, cash escrow, or irrevocable letter of credit guaranteeing the installation of all improvements, whereupon building permits may be issued. The amount of surety shall be equal to 100 percent of the estimated cost of all improvements as determined by the unified government engineer and water pollution control director. Such surety and the issuance of building permits may be in increments as 66

67 may be deemed practical by the unified government engineer but in no case less than one full block length of street. 2. Maintenance guarantee. An acceptable surety maintenance bond shall be provided in the amount of the current price of the improvement against defects in workmanship and materials for a period of two years from the date of acceptance of the improvements by the unified government. 3. Inspection. All of the improvements shall be subject to inspection and approval of the unified government engineer or water pollution control director, who shall be notified at least 24 hours prior to the start of construction. 4. Condition of acceptance. a. The unified government shall not have any responsibility with respect to any street, or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements shall have been accepted by the unified government. b. Prior to requesting the final acceptance of streets and sanitary and storm sewers, the developer shall furnish as-built drawings in reproducible form on Mylar and certification as to contract and specification compliance from the consulting engineer. c. The unified government shall, within 14 days after the public improvements have been offered to the unified government, accept the improvements, provided the improvements have been constructed in accordance with the requirements and conditions of this chapter and the specifications of the unified government. The developer shall furnish proof that all improvements are free of liens and debts. (Code 1988, ; Ord. No , 1( ), ) Sec Monuments. A. Permanent monuments shall be installed at the principal corners of any subdivision of land along the outside boundary thereof. These monuments shall set on the true corner where possible or, if conditions prevent setting the marker on the true corner, offset markers will be accepted if set along both boundary lines converging on the true corner and adequate ties to both boundary lines converging on the true corner and adequate ties to the true corner are provided. The monuments shall consist of a metallic bar or tube set rigidly in a concrete base, and shall contain the following information: 1. A cross indicating the true corner. 2. Identification of the surveyor making the survey. 3. Identification of the monument. B. All lots within a subdivision shall be marked at corners prior to building a structure thereon. The requirements established under K.S.A shall apply. (Code 1988, ; Ord. No , 1( ), ) Sec Streets. A. Streets shall be paved and improved according to the provisions of this section and the unified government's street construction standards available in the office of the unified government engineer. No grading or other construction shall take place within a street right-of-way until the final construction plans have been approved by the unified government engineer. B. In cases where a proposed subdivision abuts an existing unpaved street or a street with a paved roadway less than 22 feet wide or a roadway in deteriorated condition, the planning commission and unified government 67

68 board of commissioners shall determine if improvements shall be made by the subdivider upon recommendation of the unified government engineer. (Code 1988, ; Ord. No , 1( ), ) Cross reference Streets and sidewalks, ch. 32. Sec Sidewalks. Within the boundaries of a subdivision, sidewalks shall be installed by the subdivider on one side of all new local residential streets, and all streets that are segments of the major street system shall have sidewalks on both sides except in industrial areas and except in subdivisions zoned R rural residential. Sidewalks shall be no less than four feet wide and be of Portland cement concrete and shall comply with the specifications of the unified government. Sidewalks shall be located in the platted street right-of-way abutting the property line. Walks shall be installed in any pedestrian easements as may be required by the planning commission. The unified government board of commissioners may approve exceptions to these requirements after having made a determination that provision of a sidewalk on one or both sides is unnecessary, not feasible, or that a superior alternative is to be provided. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O , 1, ) Cross reference Streets and sidewalks, ch. 32. Sec Storm drainage. The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches and other improvements to adequately handle stormwater. All improvements shall comply with the minimum standards of the unified government available in the water pollution control division and shall be approved by the water pollution control director and the unified government engineer prior to construction. (Code 1988, ; Ord. No , 1( ), ) Sec Sanitary sewers. The subdivider shall properly install sanitary sewers where available in accord with the minimum design standards for sanitary sewers and other specifications and standards available in the water pollution control division. Prior to construction, such improvements shall be approved by the water pollution control director. (Code 1988, ; Ord. No , 1( ), ) Cross reference Sewers and sewage disposal, ch. 30. Sec Underground wiring. A. Required. Electrical power, telephone service, and cable television shall be provided by underground wiring for all new wiring provided except: Nothing in this section shall be construed as to require underground installation of lines beyond the boundaries of the area contained in the preliminary plat. 1. Traffic-control equipment installed at the recommendations of the unified government traffic engineer and with the approval of the unified government board of commissioners. 2. Equipment used to supply temporary service to new construction or for maintaining service during periods of remodeling. 68

69 3. Electric and television transmission lines, feeder lines, and substations. 4. Riser facilities for distribution lines. 5. Transformers and switching stations in the electrical and telephone distribution line system where it can be determined that an underground transformer is not economically feasible. 6. Service equipment and connections mounted against walls of buildings being served, electrical risers and meters, and communications or television risers, terminals, and antennas. 7. Overhead electrical service for one-family and two-family structures provided they are in subdivisions, additions or replats thereto platted prior to January 1, 1973, where more than 75 percent of the structures have overhead electrical service entrances. 8. Overhead electrical service for agriculture structures. 9. Streetlight circuits on collector or major streets and supplemental lights added to existing overhead street lighting. B. Variances. This section shall not prohibit the placement of utility equipment above grade, if the unified government board of commissioners makes a finding based upon supporting evidence reviewed by the unified government engineer that construction of underground utility equipment will not be economically feasible due to the following conditions: 1. Nature of the service to be rendered or required; 2. The soil or rock formations present at the site; and 3. The presence of existing or proposed underground drainage ditches or open sewers. (Code 1988, ; Ord. No , 1( ), ) Sec Other utilities. The subdivider shall be responsible for the proper installation of all utilities, including water supply and natural gas. Such utilities shall be installed according to the specifications and minimum standards of the controlling utility company or public agency. (Code 1988, ; Ord. No , 1( ), ) Secs Reserved. ARTICLE VIII - ZONING [8] Footnotes: --- (8) --- Cross reference Location restrictions, et seq. State Law reference Municipal zoning, K.S.A et seq. DIVISION 1 - GENERALLY Sec Definitions. 69

70 For the purpose of this article, certain terms and words are herewith defined as follows: Words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular. The term "building" includes the term "structure." The term "shall" is mandatory and not directory. Definitions relating specifically to floodplain zoning, signs, and landscaping and screening are included elsewhere. Accessory building means a detached building or an attached portion of the main building, the use of which is incidental and subordinate to that of the main building. Accessory use, accessory structure means a use of land or structure which involves all of the following characteristics: 1. Subordinate to and serves a principal use or structure. 2. Subordinate in area, extent and purpose to the principal use or structure served. 3. Contributes to the comfort, convenience or necessity of occupants of the principal use or structure served. 4. Located on the same lot or lots, under the same ownership and in the same zoning district as the principal use or structure. Adult book store or adult video store means an establishment having as a predominant part of its stock in trade or predominant portion of its revenues, books, magazines, photographs, pictures, periodicals, recordings or video tapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and limited in sale of such sexual material to adults. Adult nightclub or cabaret means any place serving food or drink, regardless of whether alcoholic beverages are served, which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers, waitresses or waiters, or features material relating to specified sexual activities or specified anatomical areas. Adult theater means a facility with a capacity of two or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Agricultural use refers to the use of land where such land is devoted to the production of plants, animals or horticultural products, including, but not limited to, forages, grains and feed crops, dairy animals and dairy products, poultry and poultry products, beef cattle, sheep, swine and horses, bees and apiary products, trees and forest products, fruits, nuts and berries, vegetables, or nursery, floral, ornamental and greenhouse products. The term "agricultural use" shall not include use of land for recreational purposes, suburban residential acreage, rural home sites or farm homes sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition. Alley means a public right-of-way no wider than 24 feet that affords only a secondary means of access to abutting property. Alteration means any addition, removal, extension or change in the location of any exterior wall of a building. Antenna means any structure or device used to receive or transmit electromagnetic waves. Apartment house means any building or portion thereof that contains three or more dwelling units. Building means a permanently erected structure having a roof supported by columns or walls. 70

71 Building, completely enclosed means a building separated on all sides from the adjacent open spaces or from other buildings or structures by a permanent roof, and by exterior walls having only windows and normal entrance or exit doors, or by party walls. Bulk means a composite characteristic of a given building as located upon a given lot, not definable as a single quantity, but involving all of the following characteristics: 1. Size and height of building. 2. Location of exterior walls at all levels in relation to lot lines, streets or to other buildings. 3. Gross floor area of the building in relation to lot area (floor area ratio). 4. All open spaces allocated to the building. 5. Amount of lot area provided per dwelling unit. Campground means an area of land, including supporting sanitary and other facilities, for the overnight or temporary parking of recreational vehicles and other modes of camping while traveling by auto. Children's day care and nursery centers means facilities where parttime lodging and meals are provided, excluding permanent or overnight lodging, for six or more children in return for compensation. For the purpose of this article, family day care homes under state regulations will not be included in this definition. Court means an open, unoccupied space, other than a yard, bounded on three or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable. Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the high point of the crown of the street in front of the building shall be used. Decibel means a unit of measurement of the intensity (loudness) of sound. In this article, decibel levels shall be measured on the A scale and referred to as db(a). Detached means a building that does not have a wall, roof or other structural member in common with or in contact with another building. Dismantled means that a number of useful parts, including but not limited to, tires, batteries, doors, hoods, or windows, have been removed from the automobile as to render the automobile unsafe to operate. Dog kennel means any premises where four or more dogs are owned, boarded, bred and/or offered for sale. Drive means an improvement which affords a means of vehicular access to or through an area and which is owned and maintained by the owner of the property it serves. Drive-in or drive-through establishment means a place of business being operated for the retail sale of food and other goods, services, or entertainment wherein patrons may be served or otherwise conduct their business while remaining in their automobiles. A restaurant that does not provide at least 15 seats within the enclosed interior of the building shall be considered a drive-in establishment. Dwelling means a building or portion thereof intended for occupancy for residential purposes but not including hotels, motels, roominghouses, nursing homes, temporary shelters, tourist homes, or trailers. Dwelling house, condominium means a building containing dwelling units, which dwelling units are separated by a party wall and which dwelling units are designed and intended to be separately owned in fee under the condominium statutes of the state. Dwelling, multiple-family means a dwelling, or portion thereof, containing three or more dwelling units. Dwelling, single-family means a dwelling containing one dwelling unit. 71

72 Dwelling, two-family means a dwelling containing two dwelling units, a duplex. Dwelling unit means one or more rooms constituting all or part of a dwelling and which are arranged, designed, used or intended for use exclusively as a single housekeeping unit for one family, and which includes cooking, living, sanitation and sleeping facilities. Family means one or more persons who are related by blood or marriage, including any foster children, a group of not more than five persons living together by joint agreement on a nonprofit cost sharing basis, or a combination of persons related by blood or marriage along with no more than two unrelated adults to a maximum number of five persons living together and occupying a single housekeeping unit with single kitchen facilities. In addition, up to ten persons, including eight or fewer persons with a disability or handicap and not to exceed two staff residents residing in a dwelling shall be considered to be a family. Handicapped persons are defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of Farmers' market means any common facility or area where fruits, vegetables, meats, other local farm or consumable products, etc., are sold directly to consumers by producers, growers, and sellers at more than one stand operated by different persons. Flea market means a market, indoors or out of doors, where new or used items are sold from individual sellers, where each seller operates independently from other sellers. Items sold include, but are not limited to, household items, antiques, rare items, decorations, used books and used magazines. The term "flea market" is interchangeable with and applicable to "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular form of business and therefore subject to regulation. Floor area means the total floor area designed for tenant or owner occupancy measured from the exterior surfaces of outside walls and including mezzanines, unfinished floors and basements, but excluding loading docks and service corridors or any common areas not leasable to individual tenants. Floor area, habitable, means the area of all floor space on all levels measured from the exterior surface of outside walls, but excluding garages, porches and nonhabitable basements as determined by the International Building Code, as adopted and amended by the unified government. Food truck means a truck or large vehicle equipped with facilities for cooking and selling food. Garage, private means a building or a portion of a building, not more than 1,000 square feet in area, in which only motor vehicles used by tenants of the building or buildings on the premises are stored or kept. Gross vehicle weight rating or GVWR means the manufacturer's rating of the combined weight of the vehicle and the maximum load it is designed to carry. Where such information is not available, the following shall be used to make the determination: 1. Vehicles of no greater than 10,000 pounds GVWR: Pickup trucks and passenger vans, trucks considered oneton rated capacity or less. 2. Vehicles of no greater than 30,000 pounds GVWR: Commercial-type trucks of wide variety, but excluding dump trucks, semitrailer trucks, trucks with tandem axles, and other similar heavy-duty trucks. Group dwelling means a residential dwelling occupied as a residence by persons who do not constitute a family. 72

73 Halfway house means a facility, such as a community corrections center, serving temporary residents who have been released or diverted from an institution. A nonfamily residential dwelling that houses persons protected by the Fair Housing Act, such as the mentally ill or the mentally retarded, is a group dwelling, not a halfway house, so long as it is clearly the domicile of the residents and the typical length of stay is long enough to differentiate it from a motel or hotel. Heavy automotive/truck service, repair, and mechanics means major mechanical repair shops including any of the following: 1. Body work and painting. 2. Tire recapping. 3. Engine and transmission repair. Height of building or structure means the vertical distance from the average elevation of the ground abutting a building or structure to the highest point of a building or structure. Height, when not regulated in feet, shall be regulated by stories and a story shall be equal to 12 feet for purposes of measuring structures other than buildings. Home occupation means an activity for gain customarily carried on in a dwelling or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling for residential purposes. In general, a home occupation is an accessory use so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. Such activity may employ only members of the immediate family residing on the premises. Inoperable means that an automobile or truck which cannot be driven away in a safe condition. Inoperable vehicles means vehicles missing major body, chassis, or engine components or not fit for street travel. Light automotive service and maintenance means any of the following: 1. Tire and battery sales and installation. 2. Brakes and other similar diagnostic and repair services. 3. Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, or alignment and suspension services. Local produce means produce grown within 100 miles of the Kansas City, Kansas corporate limit. Lot means a parcel of land occupied or to be occupied by one main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this article, and having its principal frontage upon a public street. A lot may consist of one or more platted lots, or tracts as conveyed, or parts thereof. Lot or site area means the land area within the tract or lot lines and excluding street right-of-way. Lot, corner means a lot abutting upon two or more streets at their intersection. A corner lot may be deemed to front on either street frontage. Lot, depth means the horizontal distance from the front street line to the rear line. Lot, interior means a lot whose side lines do not abut upon any street. Lot line, front means the street line, which is the boundary between a lot and the street on which it fronts. Lot line, rear means the boundary line that is opposite the most distant from the front street line, except that in the case of uncertainty, the building official shall determine the rear line. 73

74 Lot line, side means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line. Lot, through means an interior lot having frontage on two streets. Lot width means the horizontal distance between side lines, measured at the front building line. Mobile food vending means the selling of food produced in a commercial kitchen and sold out of a truck, large vehicle, or mobile unit. Mobile home means a structure, transportable in one or more sections, which has a body width of eight feet or more and a body length of 36 feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein and which was designed to comply with the Federal Manufactured Home Construction and Safety Standards in force at the time of manufacture. This term shall not include a recreational vehicle. A structure which otherwise falls within this definition shall be considered a mobile home even it if does not have the required dimensions so long as it is in place as of May 1, 1995, and has a model year of no later than Mobile home park means a tract of land meeting the requirements of this article containing suitable drives, utilities and other supporting elements and devoted to the sole purpose of accommodating mobile homes on a permanent or semipermanent basis. Mobile home space means that area of land within a mobile home park set aside for use as a site for one mobile home, including the open spaces around the mobile home, as are required in this article. Nonvehicular open space means uncovered areas such as lawns, planting space, walks, terraces, sitting areas and balconies, one-half of covered nonvehicular open space, and clubhouses and indoor recreational areas. No paved areas for vehicular traffic or parking may be included as nonvehicular open spaces. Overlay district means a zoning district that acts in conjunction with the underlying zoning district or districts. Parking Lot, Commercial means a paved area or structure intended or used for the off-street parking of operable motor vehicles on a temporary basis, other than accessory to a principal use. Performance standards means criteria to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare, heat or other effects generated by or inherent in uses of land or buildings. Planned zoning district means the zoning of a lot or tract to permit that development as is specifically depicted on plans approved in the process of zoning that lot or tract. Private club means an organization licensed hereunder to which the club members shall be permitted to resort for the purpose of consuming alcoholic liquor. Recreational vehicle is a vehicle that is: 1. Built on a single chassis. 2. Four hundred square feet or less when measured at the exterior. 3. Self-propelled or permanently towable by a light duty truck. 4. Designed not as a dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. Residentially zoned area means an area zoned A-G, R, R-1, R-1(B), R-2, R-2(B), R-3, R-4, R-5, R-6, R-M, or these districts' planned equivalents. 74

75 Ruined means that an automobile which is substantially damaged to the extent that it is valueless or useless as an operable automobile or truck or parts thereof are only useful as materials for reprocessing, melting, remanufacturing, or disposal for salvage or scrap material. Seating area means open space within any enclosed structure used for purposes of seating numbers of people for any purpose, including all aisles necessary for circulation. Self-contained recreational vehicle is a recreational vehicle that includes all of the following: 1. Heating and/or air conditioning. 2. A sink and shower. 3. Self-contained toilet. 4. Cooking facilities. 5. Refrigerator. Site area means the land area within the tract or lot lines and excluding street right-of-way. Specified anatomical area means any of the following: 1. Any less than completely or opaquely covered: a. Human genitals, pubic region. b. Buttocks. c. Portion of the areola of the female breast. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means any of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Stable, riding means a structure and premises in which horses, ponies or mules, used exclusively for pleasure riding or driving, are housed, boarded, or kept for remuneration, hire or sale. Storm protection areas means any new residential use, for multifamily residential development or single-family residential development or which a preliminary plan/plat application is approved by the planning commission, shall contain an area of storm protection. Such area may be a room or space, such as a basement, a structure complying with Federal Emergency Management Agency Publication 320 ("Taking Shelter From the Storm") or Publication 361 ("Design and Construction Guidance for Community Shelters"), or subsequent updates thereto shall comply with this requirement. For residential uses designed specifically for occupancy by those age 55 and over, the basement, safe room, or community shelter must be within the structure where the particular dwelling unit is located or within 15 feet of the structure in question and accessed under roof. Story means that part of a building included between the surface of one floor and the surface of the floor above, or if there is no floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top-story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half-story when between 50 and 75 percent of the area of its exterior walls contain windows or doors permitting the entrance of daylight and outside air. Street means a right-of-way that affords principal means of vehicular access to property abutting thereon. Street line means the dividing line between the street right-of-way and the abutting property. 75

76 Street, private means a street which provides principal access to abutting property, but which is not maintained by the unified government. A private street may exist within dedicated public right-of-way. Structural alteration means any change other than incidental repairs in the supporting members of a building, such as bearing walls, columns, beams or girders. Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to a permanent location on the ground, including, but not limited to, signs, and excepting customary utility poles, retaining walls and boundary fences. Tavern means an establishment which sells cereal malt and/or alcoholic beverages for consumption on the premises; provided, however, this definition shall not include establishments whose sales of food for consumption on the premises exceed the sales of cereal malt and alcoholic beverages served. Telecommunications tower means a tower constructed as a freestanding structure or in association with a building, other permanent structures or equipment, containing one or more antennas intended for transmitting or receiving television, radio, digital, microwave, cellular, telephone or similar forms of electromagnetic radiation. Trailer means a vehicle, other than a mobile home, equipped with wheels and normally towed over the road behind a motor vehicle. Trailer advertising means a trailer that carries or has attached thereto a sign, billboard or other media for advertising as the prime purpose and use of the trailer. Trailer hauling means a trailer, as defined in this section, and designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation. Used car/truck lot means the use of a parcel of land, either with or without structures, for the purpose of offering for sale, rent, or lease, automobiles, light duty trucks or heavy duty trucks. Variance means a variation from a specific requirement in this article, as applied to a specific piece of property, as distinct from rezoning. Wrecked means those automobiles or trucks that have more than 25 percent of the vehicle in damaged condition externally as to render it unsafe to operate. Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where lots abut a street that is designated a major street on the major street plan, all yards abutting the street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback. On other lots, all yards abutting a street shall be measured from a line 25 feet from the centerline, or from the lot line, whichever provides the greater setback. On multibuilding projects where access is derived from private drives, the orientation of individual buildings shall be used to determine the type of yard along the project boundary. Yard, front means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. Yard, rear means a yard across the full width of the lot extending from the rear lot line to the rear line of the main building. 76

77 Yard, side means a yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard. (Code 1988, ; Ord. No , 1(27-79), ; Ord. No , 10, ; Ord. No , 2, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 9, ; Ord. No , 2, ; Ord. No , 2, 3, ; Ord. No , 1, ; Ord. No. O-41-05, 1, ; Ord. No. O-71-06, 1, ; Ord. No. O-40-15, 1, ; Ord. No. O-42-15, 1, ; Ord. No. O-61-15, 1, Oct. 1, 2015; Ord. No. O-66-15, 1, ; Ord. No. O-67-15, 1, ) Cross reference Definitions generally, 1-2. Sec Purpose. This article is enacted to conserve the value of property in the city and to assure that adequate light, air, convenience of access and safety from fire and other dangers may be secured, that congestion of the public streets may be lessened or avoided, and that the public health, safety, comfort, convenience, morals and general welfare may otherwise be promoted in accordance with a well considered and comprehensive plan for the use and development and redevelopment of all property throughout the city. (Code 1988, ; Ord. No , 1(27-10), ) Sec Application of zoning regulations. The regulations established by this article within each district shall constitute minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. (Code 1988, ; Ord. No , 1(27-11), ) Sec Compliance. A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the provisions specified in this article for the district in which it is located. B. No building or other structure shall hereafter be erected or altered: 1. To exceed the height or bulk limits established by this article; 2. To accommodate or house a greater number of families than specified by this article; 3. To occupy a greater percentage of lot area than specified by this article; 4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces or less land area than required by this article; or 5. In any other manner contrary to the provisions of this article. C. No part of a yard, or other open space, or off-street parking or loading space that is required by this article for any building or use of land shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. D. No yard or lot existing on August 30, 1984, shall be reduced in dimension or area below the minimum requirements set forth in this article. (Code 1988, ; Ord. No , 1(27-11), ) Sec Penalty and remedies for violations. 77

78 A. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provisions of this article shall be punished by a fine not to exceed $500.00, by imprisonment for not more than six months for each offense, or by both such fine and imprisonment. Each day's violation shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense. B. Where any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this article, the proper authorities of the unified government, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such buildings, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises. (Code 1988, ; Ord. No , 1( (B), (C)), ) State Law reference Penalties for violations of zoning ordinances, K.S.A Secs Reserved. DIVISION 2 - ADMINISTRATION AND ENFORCEMENT Subdivision I - In General Sec Enforcement officer. The building official shall enforce this article. (Code 1988, ; Ord. No , 1( (A)), ) Sec Permits and certificates generally. A. Generally. No permit shall be issued for any building, structure, construction or use unless the same be in conformity in every respect with all provisions of this article, chapter 8 and other applicable ordinances. B. Land use permit. No open, vacant or unimproved land shall be used for any purpose other than agriculture without first obtaining a land use permit from the building official or such person's duly authorized representative. Land use permits shall be required for, but not limited to, the following uses: 1. Parking lots not included in a building permit. 2. Used car, auto storage lots or salvage yards. 3. Machinery, equipment or material storage yards. 4. Skeet shoots or target ranges. 5. Commercial recreation areas, such as ball parks, golf courses, race tracks, fairs, and similar temporary or permanent uses. 6. Refuse dumps or sanitary landfills. 7. Picnic groves, fishing lakes. 8. Cemeteries. 9. Nurseries. 78

79 C. Floodplain certificate. No permit shall be issued for grading, excavation, filling, or construction within the regulatory floodplain until a floodplain certificate has been issued by the unified government engineer as set out in section D. Building permits. 1. Building permits where inadequate street right-of-way exists. A building permit shall not be issued for any nonagricultural building or structure on a vacant lot which abuts a street having less right-of-way than 25 feet in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures: a. Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication. b. Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat or deed of dedication. Right-of-way over and above 30 feet as may be required by class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use, all yard requirements being measured from a line 40, 50, or 60 feet from the centerline as the major street plan and DIVISION 12 of this article may indicate. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication or reservation of land may be approved. Such approval shall be by the unified government board of commissioners after recommendation by the unified government engineer. 2. Utility services. No permit shall be issued to any person, firm or corporation to install or furnish or assist in installing or in furnishing any water, light, gas, plumbing or other services in any dwelling or in any commercial or industrial structure which would change such dwelling or structure to a use not permitted in the applicable zoning district. 3. Structures to have access. Every building hereafter erected or moved shall be on a lot or tract abutting a public street, or an approved private street, and all structures shall be located on lots or tracts as to provide safe and convenient access for servicing, fire protection and required off-street parking. 4. Prohibited residences. No temporary or incomplete building, nor any automotive equipment, trailer, mobile home, recreational vehicle, garage or appurtenances incident to a family dwelling shall be erected, maintained or used for residential purposes, except as specifically permitted elsewhere in this article. (Code 1988, ; Ord. No , 1( ), ) Sec Certificates of occupancy. A. Required. No vacant land shall be occupied or used except for agricultural purposes, no change in the character of use of land or of a building shall be made, and no buildings hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the building official. B. Certificate for buildings. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and such certificate shall be issued within three days after the request for the same has been made in writing to the building official, after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this article and other codes and ordinances. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such 79

80 temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the unified government relating to the use or occupancy of the premises or any other matter covered by this article, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. C. Certificate for land. A certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used and such certificate shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of all ordinances. D. Contents, records, copies, fee. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this article. A record of all certificates shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy. (Code 1988, ; Ord. No , 1( ), ) Secs Reserved. Subdivision II - Nonconformities [9] Footnotes: --- (9) --- State Law reference Nonconforming uses, K.S.A , et seq. Sec Purpose. The purpose of this subdivision is to provide for the regulation of nonconforming uses, buildings, structures, signs and characteristics of use. (Code 1988, ; Ord. No , 1( ), ) Sec Authority to continue nonconforming buildings, structures, signs and uses. Any nonconforming building, structure, sign or use which exists lawfully and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of any amendment to this subdivision, may be continued in accordance with the provisions which follow. Subsection (2) of this section sets out certain situations in which a nonconforming use may be presumed or considered to be lawfully existing. Where two or more of the following provisions apply to a particular situation, the most restrictive requirements shall control. 1. Nonconforming uses of land. The lawfully existing nonconforming use of land not involving a building or structure, or where any building or structure thereon is merely incidental or accessory to the principal use of land, may be continued subject to the following provisions: a. Expansion. A nonconforming use of land shall not be added to or extended beyond the area it occupies. b. Discontinuance. If a nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located. c. Change of use. A nonconforming use of land shall not be changed to any other use, except to a use permitted in the district in which the land is located. 80

81 2. Nonconforming uses of buildings or structures. The lawfully existing nonconforming use of part of a building or structure may be continued subject to the following provisions: a. Expansion. A nonconforming use may be extended throughout the building or structure in which said use is presently located, provided no structural alterations except those required by law or permitted by the regulation of the district in which the building or structure is located are made therein. Such structural alteration shall not provide floor area expansion. b. Discontinuance. If a nonconforming use of a building or structure is discontinued for a period of two years, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located; provided, however, the period of discontinuance shall be 18 months for private clubs and outdoor advertising signs. When a nonconforming use is abandoned for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only by conforming uses. A commercial or industrial nonconforming use shall be considered to have been abandoned when it has been converted to a use that is not legally nonconforming. The determination that such an illegal conversion has occurred shall be made by the city administrator after thorough review. A written record informing the owner or occupant of the decision and of its basis shall be sent to the address of the abandonment and the address of the owner. The decision may be appealed to the board of zoning appeals. c. Change of use. The nonconforming use of a building or structure may be changed to another nonconforming use of the same or more restrictive zoning district. Whenever a nonconforming use has been changed to a more restrictive use or a conforming use, such use shall not hereafter be changed to a less restrictive use. In the particular case of commercial and/or industrial nonconforming uses in residential zoning districts, the nonconforming use of such a building or structure may be changed to another nonconforming use only upon approval by the planning commission and unified government board of commissioners and only under all of the following conditions: 1. Adequate notice to owners of all property within 200 feet. 2. The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted use. 3. The applicant shall show that the proposed change will be less objectionable in external effects than the previous or existing nonconforming use, with respect to: i. Traffic generation and congestion. ii. iii. iv. Noise, smoke, dust, fumes, heat, odor, glare or vibration. Storage and waste disposal. Appearance. d. Repairs/restoration. Requirements set out under subsection (3) of this section are fully applicable here. 3. Nonconforming residential use of residential buildings. a. Generally. In the particular case of nonconforming residential uses of residential buildings, a nonconforming use permit shall be required for continuation of such a use. Such uses will be those containing more dwelling units than allowed under the zoning applicable at the time of conversion. An application for a nonconforming use permit shall be made within 60 days of the receipt of written notice that such an application is necessary, but in no case may an initial application be made after March 31, Only the property owner may make such an application. The application for the permit shall include the petition, evidence of required period of existence, a site plan, floor plans, and other information as required to substantiate the permit. The burden of proof shall be on the owner/applicant 81

82 to establish the period of existence. A nonconforming use permit, if approved, may be revoked under the criteria and procedures set forth in section b. Nonconforming use permits. The building official, in consultation with the director of planning and zoning shall issue a nonconforming use permit if any one of the sets of standards set out in this subsection is met: 1. There is clear and convincing evidence that the existing nonconformance was established prior to and existing continuously from December 30, There is clear and convincing evidence that the existing nonconformance was established prior to and existing continuously from July 28, 1956, and that: i. No past application has been ruled upon adversely by the board of zoning appeals or unified government board of commissioners. ii. iii. iv. There is compliance with all applicable code requirements. There has been written notification by mail to all property owners within 200 feet of the property for which the nonconforming use permit is pending to determine if there are objections to the issuance, and that no written objections have been received within two weeks of the mailing. Unless otherwise approved under subsection (3)b.3 of this section by the unified government board of commissioners, the term of the nonconforming use permit is ten years and it is only applicable to the property owner to whom it is granted. 3. The unified government board of commissioners after recommendation by the planning commission has approved or modified and approved a nonconforming use permit following the process and standards set out as follows: i. Mailed notice to all property owners within 200 feet of the consideration by the planning commission and unified government board of commissioners. ii. iii. iv. The unified government board of commissioners may attach conditions to ensure the public welfare which establish expiration dates, limit changes of ownership, require physical changes and improvements, or reduce the number of dwelling units. Unless otherwise approved by the unified government board of commissioners, the term of the nonconforming use permit is ten years and it only applicable to the property owner to whom it granted. The planning commission and unified government board of commissioners shall not consider an application for nonconforming use permit until building official or his designee has inspected the premises and provided to the property owner the changes and improvements necessary to achieve compliance with all applicable code requirements along with an estimate of the cost of compliance. Repairs made or expenses incurred prior to approval shall not be a factor in the consideration of the nonconforming use permit. The improvements required shall completed and approved within 180 days of the nonconforming use permit approval or that approval shall be null and void. The unified government board of commissioners may approve a nonconforming use permit upon finding that the use has been in existence continuously for a period of at least 20 years prior to the date of application, that provision for parking is adequate, that rezoning the property would result in "spot" zoning or a zoning or a zoning inappropriate to surrounding land uses, and that the use will not be detrimental to character of the immediate neighborhood or be detrimental to the public health, safety, or general welfare. 82

83 4. Nonconforming buildings or structures. Any lawfully existing building or structure which does not conform with the height or area regulations of the district in which it is located or any building within which a nonconforming use is located shall be subject to the following provisions: a. Repairs/restoration. A nonconforming building may be repaired, restored, or rehabilitated without time limit so long as it remains a completely enclosed structure with the bulk of its structural members intact. A nonconforming building or structure which is wholly or partially destroyed by fire or other casualty or act of God, or legally condemned, may be restored or reconstructed to its previous size and location; provided, however, that where the bulk of structural members must be reconstructed, in an area which interferes with existing or proposed street rights-of-way or necessary sight distance as set out in DIVISION 12 of this article and section , reconstruction shall be altered to eliminate such interference. Such restoration shall be completed within 12 months of the date of damage excluding any time for litigation. b. Enlargements. There shall be no increase in the amount of any nonconformity. A nonconforming building or structure may be enlarged, provided such enlargement complies with the regulations and standards of this article. 5. Nonconforming signs. Any lawfully existing sign which does not conform with all applicable regulations shall be considered a nonconforming sign. (A lawfully existing roof sign structure in districts CD, M2, and M3 shall be considered a nonconforming sign). Such nonconforming signs may continue in use subject to the following provisions: This subsection does not permit a sign conforming in height and/or area and/or setback to become nonconforming in any of those criteria. a. Repairs/maintenance. Ordinary repairs or maintenance may be made on a nonconforming sign. Changing copy or logo shall be considered maintenance if the information, product or service depicted remains the same and if the sign is to serve the identical establishment using the same business name as before the change. Where a nonconforming electrical sign or sign face is in good condition and can be reused without changes in its shape or size, such reuse shall be considered repair or maintenance even for a different business. Where a sign surface is damaged or destroyed by fire or other casualty or act of God and the sign supports remain intact, the sign surface may be replaced to its original size and location. b. Refacing/alteration. Sign refacing shall include changing or replacing the surface of the sign to serve a different establishment or business or to create a substantially different visual effect. The normal changing of the message on an outdoor advertising sign shall not be a violation of this provision. Sign alteration shall include the replacement, enlargement, or reshaping of a sign frame, pole, brackets or any supporting member. Nonconforming signs may be refaced or altered so long as the degree of nonconformity is not increased if they meet all the following requirements: 1. No taller than 1½ times the maximum permitted in the applicable zoning district. 2. No closer to any property line than one-half the minimum setback permitted in the applicable zoning district. A lesser setback may be permitted, if there is no other feasible sign location. 3. No larger in area than 1½ times the maximum permitted in the applicable zoning district. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 8, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 5, ; Ord. No , 3, ; Ord. No. O-12-98, 1, ; Ord. No. O , 1, ; Ord. No. O-92-02, 1, ; Ord. No. O-24-06, 1, ) Sec Nonconforming conditions or characteristics of use. 83

84 A. Certain lawfully nonconforming conditions or characteristics of use are related both to the uses of the property and the size, configuration and existing development. These include number and arrangement of parking spaces and loading areas as well as performance standards, which require distances or spacing. These conditions or characteristics of use are afforded legal nonconforming status where the size or layout of the site prevents compliance. However, no change of use or change in a building or structure shall be permitted which creates a deficit or significantly increases an existing deficit in off-street parking spaces, loading areas, or performance standards. A deficit exists when the proposed use of the property requires more parking or loading area as set out for the particular use in the zoning district than can be provided. B. For new uses that do not involve sale or consumption of alcoholic beverages, are closed between 10:30 p.m. and 5:00 a.m., and are to be located in an existing building, existing on-street parking on frontage adjoining the proposed use may be counted toward meeting increased parking requirements. Only on-street parking located within nonresidential zoning districts may be counted. On-street parking which is not adjoining, but is within 100 feet of, the proposed use may be included with the written permission of the owner of the frontage adjoining the on-street parking. C. Certain other lawfully nonconforming conditions or characteristics of use are not afforded the same right to be continued. These include, but are not limited to, screening, surfacing and other improvements to parking, loading and vehicular maneuvering areas, and conformance with performance standards. The following provisions establish a procedure for remedying certain nonconforming conditions or characteristics of use in certain situations: In case an owner or occupant believes that the remedy, correction or mitigation is unreasonable, illegal or without foundation, an appeal may be made to the board of zoning appeals that shall have final authority in the matter. 1. Remedy of certain lawfully nonconforming conditions. It is recognized that certain conditions may exist on some multifamily, commercial or industrial sites within the city which do not conform to one or more standards or requirements of this article but which may be remedied, corrected or mitigated without unreasonable cost or effort and which would promote the general welfare of neighboring property and the community at large. Such conditions include lack of screening on unsightly areas, inadequate surface on parking areas or drives, discharging surface water, noncompliance with one or more performance standards and other similar conditions. It is the intent of this section to require reasonable remedy, correction or mitigation of such nonconforming conditions concurrent with significant new construction or other improvements and in cases where serious adverse effects are experienced by nearby property owners or by the public in general. 2. Significant new construction. The building official, upon recommendation of the development review committee, may order compliance or moves toward compliance for a property as a whole as a part of new construction or alteration or expansion of a main building that expands existing floor area by more than 25 percent. In addition: a. Where a storage or service area is required by this article to be screened and where the required screening is not precluded by topographic or other uncontrollable conditions, and where the area is viewed by neighboring property owners or the public, the building official may order required screening to be installed within a 60-day period following the issuance of a building permit. b. Where surface water flows onto adjoining property in quantity or with a velocity that produces damage and where redirection or detention of part or all of such water can reasonably be accomplished, the building official may so order such redirection or detention be accomplished within a 60-day period following the issuance of a building permit. 84

85 c. Where a parking area, drive or other outdoor service area is without a dust-free and impervious paved surface and the resulting dust, mud, surface water or unsightliness is experienced by the general public, employees, tenants or others who use the area, or by neighboring property owners, the building official may order asphalt or concrete pavement or other suitable surface be installed within a period of 180 days following the issuance of a building permit. d. Where performance standards as set out in this article are exceeded or violated by a use of land or building and such violations can be corrected or abated without unreasonable cost or other penalty on the part of the occupant or owner, the building official may order such correction to be made within a reasonable time after issuance of a building permit. 3. Serious adverse effects. The county administrator, after evaluating the specific property and making a finding that action is called for by one or more of the following, may instruct the building official to order improvements to remedy such situation in line with the conditions and time frames established under subsections (c)(2)a d of this section: a. The physical or mental health of nearby occupants is in jeopardy. b. The marketability or usefulness of nearby property is depressed. c. The nonconformance is a result of negligence, incompetence or mischief. d. The nonconformance produces a prominent and widely observed adverse condition that is in contrast with and out of character with the balance of the neighborhood or community. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O , 1, ) Secs Reserved. DIVISION 3 - DISTRICTS Subdivision I - In General Sec Districts established. The city is divided into districts known as: 1. District A-G, agriculture district. 2. District R, rural residence district. 3. District R-1, single-family district. 4. District R-1(B), single-family district. 5. District R-2, two-family district. 6. District R-2(B), two-family district. 7. District R-3, townhouse district. 8. District R-4, garden apartment district. 9. District R-5, apartment district. 10. District R-6, high-rise apartment district. 11. District R-M, mobile home park district. 12. District C-0, nonretail business district. 13. District C-1, limited business district. 85

86 14. District C-D, central business district. 15. District C-2, general business district. 16. District C-3, commercial district. 17. District M-1, light industrial and industrial park district. 18. District M-2, general industrial district. 19. District M-3, heavy industrial district. (Code 1988, ; Ord. No , 1(27-131), ) Sec District map Generally. The boundaries of the districts established in this division shall be shown upon a map or maps designated as the "district map." Such map, with such other information as shall be shown thereon, shall be continuously updated by and kept on file in the planning division and is hereby incorporated by reference as a part of this article as though fully set forth herein. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 11, ) State Law reference Zoning map, K.S.A Sec Rules for determining district boundaries. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map referred to in section , the following rules shall apply: 1. The district boundaries are either streets or alleys, unless otherwise shown, and where the districts designated on such maps are bounded approximately by street or alley lines, such street or alley shall be construed to be the boundary of such district. 2. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into lots and blocks, the district boundaries shall be construed to be the lot lines, and where the districts designated on such map are bounded approximately by lot lines, such lot lines shall be construed to be the boundary of such districts unless such boundaries are otherwise indicated on the map. 3. In unsubdivided property, the district boundary lines on such map shall be determined by use of the scale contained on such map. 4. Interpretation of floodplain district boundaries shall be as provided in DIVISION 5, Subdivision III of this article. (Code 1988, ; Ord. No , 1( ), ) Sec District classification for annexed territory. Any territory annexed to the city shall retain its county zoning and the accompanying regulations until such time as it shall be rezoned to the appropriate city zoning district, but such proceedings shall begin within six months of annexation. (Code 1988, ; Ord. No , 1( ), ) Sec Storm protection area required. Any new residential use, for multifamily residential development or single-family residential development for which a preliminary plan/plat application is approved by the planning commission, shall contain an area of storm protection, as defined in this article. 86

87 (Ord. No. O-71-06, 1, ) Secs Reserved. Subdivision II - Planned Districts Sec Established. Planned zoning procedures are incorporated in this subdivision. Planned zoning districts and their equivalent districts are as follows: Planned District Equivalent District RP1, planned single-family R-1 RP-1(B), planned single-family R-1(B) RP-2, planned two-family R-2 RP-2(B), planned two-family R-2(B) RP-3, planned townhouse R-3 RP-4, planned garden apartment R-4 RP-5, planned apartment R-5 RP-6, planned high-rise apartment R-6 RP-M, planned mobile home park R-M CP-0, planned nonretail business C-0 CP-1, planned limited business C-1 CP-D, planned central business C-D CP-2, planned general business C-2 CP-3, planned commercial C-3 MP-1, planned light industrial and industrial park M-1 MP-2, planned general industrial M-2 MP-3, planned heavy industrial M-3 TND traditional neighborhood design district TND B-P, planned business park B-P (Code 1988, ; Ord. No , 1( ), ) Secs Reserved. DIVISION 4 - DISTRICT REGULATIONS Sec A-G agriculture district. A. Generally. This section applies to the A-G agricultural district. The purpose of the A-G agriculture district is to provide for those areas on the periphery of the city where agriculture is the predominate land use. It is designed to protect agriculture from premature or disorderly intrusion by urban land uses, and as a holding zone for properties where more intense urban development is not yet feasible. Rezonings from this district shall be carefully considered in light of likely effects on the successful implementation of the comprehensive land use plan and the availability of public facilities. A subdivision that would create one or more lots of less than five acres will require rezoning to the appropriate residential or other zoning district. 87

88 B. Permitted uses. In the A-G agriculture district, no building, structure or land shall be used and no building or structure shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. One-family dwellings. 2. Agricultural use, excluding feedlots or confinement livestock or poultry operations. The keeping or raising of livestock, horses, or poultry shall be limited to ownerships of at least one acre. Buildings, pens or other structures devoted to such use shall be located at least 100 feet from any street or property line. Agricultural uses shall be subject to the applicable regulations of the public health department and other unified government regulations. 3. Publicly owned parks and playgrounds, including public recreation and service buildings and municipally owned swimming pools. 4. Municipal facilities of a governmental nature. 5. Railroad lead track rights-of-way, not including railroad yards, sidings, freight depots or train sheds, nor any other facilities which would encourage or require the stopping, starting, loading or unloading of trains. 6. Board of public utilities' facilities. 7. Crop and livestock testing facilities and laboratories. 8. Churches. 9. Golf courses and club houses appurtenant thereto, not including miniature golf courses, driving ranges, and other similar activities operated as a business. 10. Greenhouses, nurseries and truck gardens limited to the propagation and cultivation of plants. 11. Kennels for no more than ten dogs, provided the buildings and pens shall be located not less than 200 feet from any property line. 12. Riding stables, fishing lakes and picnic groves, provided no concession or retail sales shall be permitted. 13. Public and private schools, elementary and high, and institutions of higher learning, including stadiums and dormitories appurtenant thereto if located on the same campus. 14. Publicly owned and operated museums, libraries and community centers. C. Plan approval. For all uses and structures listed as permitted uses in subsections (b)(6) (b)(14) of this section, preliminary development plans and final plans shall be approved by the planning commission prior to the construction of new or expanded facilities, such plans shall include details as set out in section Such uses shall provide parking and paving setbacks of six feet unless otherwise approved by the planning commission. Notice shall be sent to property owners within 200 feet except for plan approvals for governmental facilities. Approval or disapproval by the planning commission shall be based upon the following: The decision of the planning commission may be brought before the unified government board of commissioners for final determination. 1. The capability of the site to accommodate the building, parking and drives with reasonable open space and safe and easy ingress and egress. 2. The degree of harmony that will prevail between the visual quality of the proposed use, building or church and the surrounding neighborhood. D. Height and area standards. All buildings and structures and other uses of land shall conform to the following minimum standards: 88

89 1. Height shall be not more than 2½ stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 50 feet. b. Side yard interior: Not less than 20 feet c. Side yard, corner: Not less than 50 feet. d. Rear yard: Not less than 50 feet. 3. Lot width and area shall be as follows: a. Lot width shall be not less than 250 feet measured at the building line; provided, however, that where a lot or tract has been in a single ownership since December 28, 1982, and has less width than required herein, this regulation shall not prohibit the erection of a single-family dwelling on a lot not less than 70 feet wide. b. Lot area shall be not less than five acres per dwelling unit; provided, however, that where a lot or tract has been in single ownership since December 28, 1982, and has less area than required herein, this subsection shall not prohibit the erection of a single-family dwelling on a lot not less than one acre in area. 4. Minimum floor area shall be 864 square feet of habitable floor area for each residence. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Two off-street parking spaces shall be provided on the premises for each single-family dwelling. For additional standards and information, see DIVISION 9 of this article. F. Signs. Uses other than single-family dwellings shall be permitted one wall sign and one detached sign. For additional standards and information, see DIVISION 11 of this article. (Code 1988, ; Ord. No , 1(27-17), ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ) Sec R rural residential district. A. Generally. The purpose of the R rural residential district is to accommodate low density residential development in areas of the city which are not likely to receive sanitary sewers and other urban services in the foreseeable future, and which are not likely to disrupt the pattern of urban development now or in the future due to rough terrain, isolated location or other factors. Prior to zoning property to this district, consideration shall be given to the compatibility with neighboring land uses, size and topography of the subdivision site, and the ability of the neighborhood to accommodate the development without excessive damage to soils, roads and other elements in the environment. No area of less than 20 acres shall be rezoned to the R rural residential district unless it is abutting an area already so zoned. This section applies to the R rural residential district. B. Permitted uses. In the R rural residential district, no building, structure or land shall be used and no building or structure shall be hereafter erected, converted or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Single-family dwellings. 2. Churches. 3. Any other use permitted in the R-1 district under the standards and requirements of that district. C. Plan approval. For all uses listed as permitted uses in section (b)(5) (b)(9), preliminary development plans and final plans shall be approved by the planning commission prior to the issuance of building permits. 89

90 Such plans shall include details as set out in section Approval or disapproval by the planning commission shall be based upon the following: 1. The capability of the site to accommodate the building, parking and drives with reasonable open space and safe and easy ingress and egress. 2. The degree of harmony that will prevail between the visual quality of the proposed use, building or church and the surrounding neighborhood. The decision of the planning commission may be brought before the unified government board of commissioners for final determination. D. Height and area standards. All dwellings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than 2½ stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 50 feet. b. Side yard, interior: Not less than 20 feet. c. Side yard, corner: Not less than 50 feet. d. Rear yard: Not less than 50 feet. 3. Lot width and area shall be as follows: a. Lot width: Not less than 120 feet measured at the building line. b. Lot area: Not less than one acre per dwelling unit. 4. Minimum floor area shall be 864 square feet of habitable floor area for each residence. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Two off-street parking spaces shall be provided on the premises for each single-family dwelling. For additional standards and information, see DIVISION 9 of this article. F. Signs. Uses other than single-family dwellings shall be permitted one wall sign and one detached sign. For additional information, see division 11 of this article. (Code 1988, ; Ord. No , 1(27-19), ) Sec R-1 single-family district. A. Generally. The purpose of the R-1 single-family district is to accommodate the bulk of single-family detached housing in the city, particularly in newly developing areas where similar density of development now exists. This section applies to the R-1 single-family district. B. Permitted uses. In the R-1 single-family district, no building, structure, or land shall be used and no building or structure shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Single-family dwellings. 2. Municipal facilities of a governmental nature. 3. Publicly owned parks and playgrounds, including public recreation and service buildings and municipally owned swimming pools. 4. Railroad lead track rights-of-way, not including railroad yards, sidings, freight depots or train sheds, nor any other facilities which would encourage or require the stopping, starting, loading or unloading of trains. 5. Board of public utilities facilities. 90

91 6. Churches, on parcels no less than 120 feet wide and 15,000 square feet and in converted dwellings only when all provisions of the building code for the appropriate occupancy are met. 7. Golf courses and club houses appurtenant thereto, not including miniature golf courses, driving ranges, and other similar activities operated as a business. 8. Public and private schools, elementary and high, and institutions of higher learning, including stadiums and dormitories appurtenant thereto if located on the same campus. 9. Publicly owned and operated museums, libraries and community centers. 10. Agricultural use, except that such uses that involve animals shall conform to section (3). C. Plan approval. For all uses and structures listed as permitted uses in subsections (b)(5) (b)(9) of this section, preliminary development plans and final plans shall be approved by the planning commission prior to the construction of new or expanded facilities. Such plans shall include details as set out in section Such uses shall provide parking and paving setbacks of six feet unless otherwise approved by the planning commission. Notice shall be sent to property owners within 200 feet except for plan approvals for governmental facilities. Approval or disapproval by the planning commission shall be based upon the following: 1. The capability of the site to accommodate the building, parking and drives with reasonable open space and safe and easy ingress and egress. 2. The degree of harmony that will prevail between the visual quality of the proposed use, building or church and the surrounding neighborhood. The decision of the planning commission may be brought before the unified government board of commissioners for final determination. D. Height and area standards. All dwellings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than two and one-half stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet. b. Side yard, interior: Not less than seven feet. c. Side yard, corner: Not less than 25 feet. d. Rear yard: Not less than 30 feet. 3. Lot width and area shall be as follows: a. Lot width: Not less than 65 feet measured at the building line. b. Lot area: Not less than 7,150 square feet per dwelling unit; provided, however, this provision shall not prohibit the use of any lot for the erection of a residence west of 1-635, if such lot contains less than 7,150 square feet and was owned as a separate lot on May 20, 1969, and is not and has not been a part of a larger ownership since that date. Residences east of shall be in accordance with the narrow lot design guidelines incorporated herein by reference dated February 18, c. The narrow lot design guidelines dated February 18, 2008, are modified as follows: 1. A residence built on a narrow lot may match elevations of adjacent residences within that street without a raised porch, except as may be required by the building code. 2. If the residence is constructed utilizing state or federal tax credits and the regulations relating to those tax credits have requirements for ADA accessibility, exceptions to the raised front entry requirements of the narrow lot design guidelines may be granted by the director of planning. 3. The raised front entry height is reduced from 30 inches to 14 inches. 91

92 4. If the narrow lot has a rise from front to rear of more than seven feet, the lot is eligible for a front loaded garage. 5. Alley and garage standards. i. If the narrow lot is on an unimproved or severely deteriorated alley, exceptions may be granted by the director of planning to the alley entrance requirements. ii. Garages in the rear yard shall be located to allow a sufficient turning radius to enter and exit the garage from the alley. Existing garage placement requirements should be utilized as guidelines. 6. Siding standards. i. Any siding with a 50-year warranty will be allowed. This specifically replaces the cement board siding requirement. 4. Minimum floor area shall be 864 feet of habitable floor area for each residence. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Two off-street parking spaces shall be provided on the premises for each single-family dwelling, at least one of which shall be in a garage or carport. For additional standards and information, see DIVISION 9 of this article. F. Signs. Uses other than single-family dwellings shall be permitted one wall sign and one detached sign. For additional standards and information, see DIVISION 11 of this article. (Code 1988, ; Ord. No , 1(27-21), ; Ord. No , 2, ; Ord. No , 7, ; Ord. No. O-18-14, 1, ) Sec R-1(B) single-family district. A. Generally. The purpose of the R-1(B) single-family district is to provide for new and infill residential development in those older areas of the city where the existing development was substantially completed prior to World War II. It is designed to allow compatibility with the existing residential development and an efficient reuse of vacant parcels, while establishing a minimum standard to protect the health, safety and general welfare of the residents. This district is generally considered too intensive for single-family detached homes in developing sections of the city. This section applies to the R-1(B) single-family district. B. Permitted uses. In the R-1(B) single-family district, no building, structure, or land shall be used and no building or structure shall be hereafter erected, converted or structurally altered unless otherwise provided in this article, except for one or more of the following uses: Any use permitted in the R-1 single-family district with uses other than single-family dwellings conforming to the standards and requirements of the R-1 singlefamily district. C. Height and area standards. All dwellings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than 2½ stories or 35 feet. 2. Setback from property lines shall be as follows a. Front yard: Not less than 25 feet. b. Side yard, interior: Not less than ten percent of the width of the zoning lot, but no less than three feet. c. Side yard, corner: Not less than 25 feet. d. Rear yard: Not less than 25 feet. 92

93 3. Lot width and area shall be as follows: a. Lot width: Not less than 50 feet measured at the building line; provided, however, this provision shall not prohibit the use of any lot for the erection of a residence west of I-635 that is less than 50 feet wide and was owned as a separate lot on July 26, 1956, and is not and has not been a part of a larger ownership since that date. Residences east of I-635 can build at any width; given that the building is in accordance with The Narrow Lot Design Guidelines incorporated herein by reference dated February 18, b. Lot area: Not less than 5,000 square feet per dwelling unit; provided, however, this provision shall not prohibit the use of any lot for the erection of a residence west of I-635, if such lot contains less than 5,000 square feet and was owned as a separate lot on July 26, 1956, and is not and has not been a part of a larger ownership since that date. Residences east of I-635 shall be in accordance with The Narrow Lot Design Guidelines incorporated herein by reference dated February 18, c. The Narrow Lot Design Guidelines dated February 18, 2008, are modified as follows: 1. A residence built on a narrow lot may match elevations of adjacent residences within that street without a raised porch, except as may be required by the building code. 2. If the residence is constructed utilizing state or federal tax credits and the regulations relating to those tax credits have requirements for ADA accessibility, exceptions to the to the raised front entry requirements of the Narrow Lot Design Guidelines may be granted by the director of urban planning. 3. The raised front entry height is reduced from 30 inches to 14 inches. 4. If the narrow lot has a rise from front to rear of more than seven feet, the lot is eligible for a front loaded garage. 5. Alley and garage standards. a. If the narrow lot is on an unimproved or severely deteriorated alley, exceptions may be granted by the director of urban planning to the alley entrance requirements. b. Garages in the rear yard shall be located to allow a sufficient turning radius to enter and exit the garage from the alley. Existing garage placement requirements should be utilized as guidelines. 6. Siding standards. a. Any siding with a 50-year warranty will be allowed. This specifically replaces the cement board siding requirement. 4. Minimum floor area shall be 750 square feet of habitable floor area for each residence. For additional standards and information, see DIVISION 8 of this article. D. Parking standards. Two off-street parking spaces shall be provided on the premises for each single-family dwelling. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family dwellings shall be permitted one wall sign and one detached sign. For additional standards and information, see DIVISION 11 of this article. (Code 1988, ; Ord. No , 1(27-23), ; Ord. No. O-2-10, 1, ; Ord. No. O-19-11, 1, ) Sec R-2 two-family district. A. Generally. The purpose of the R-2 two-family district is to accommodate the bulk of two-family dwellings or duplexes, particularly in newly developing areas and areas where similar density of development now exists. 93

94 Duplex development may also be used as a suitable transition between single-family development and other land uses of a more harsh nature. This section applies to the R-2 two-family district. B. Permitted uses. In the R-2 two-family district, no building, structure or land shall be used and no building or structure shall be hereafter erected, converted or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Any use permitted in the R-1 single-family district, under the standards and requirements of that district. 2. Two-family dwellings, commonly referred to as duplexes. C. Height and area standards. All dwellings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than 2½ stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet (see exceptions in subsection (d) of this section). b. Side yard, interior: Not less than eight feet. c. Side yard, corner: Not less than 25 feet. d. Rear yard: Not less than 30 feet. 3. Lot width and area shall be as follows: a. Lot width: Not less than 75 feet measured at the building line. b. Lot area: Not less than 3,575 square feet per dwelling unit for buildings erected, converted, or structurally altered for two-family occupancy. 4. Minimum floor area shall be 750 square feet of habitable floor area per dwelling unit. For additional standards and information, see DIVISION 8 of this article. D. Parking standards. Two off-street parking spaces shall be provided on the premises for each dwelling unit, at least one of which shall be in a garage or carport. When no more than two off-street parking spaces are provided for each dwelling unit on the premises, and when the lot has less than 20 feet of continuous street curb length for each dwelling unit, and where visitor and guest parking spaces are not provided elsewhere, the front yard setback measured from the front lot line to the garage door shall be not less than 36 feet, and space shall be provided in the drive for the parking of two passenger cars for each dwelling unit. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall sign and one detached sign. For additional standards and information, see division 11 of this article. (Code 1988, ; Ord. No , 1(27-25), ) Sec R-2(B) two-family district. A. Generally. This section applies to the R-2(B) two-family district. The purpose of the R-2(B) district is to provide for new and infill residential development in those older areas of the city where the existing development was substantially completed prior to World War II. It is designed to allow compatibility with the existing residential development and an efficient reuse of existing buildings and vacant parcels, while establishing a minimum standard to protect the health, safety and general welfare of the residents. Conversion of residential buildings constructed as single-family dwellings shall be permitted only when parking, land, floor area and life safety requirements are fully met. 94

95 B. Permitted uses. In the R-2(B) two-family district, no building, structure or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Any use permitted in the R-1(B) single-family district, under the standards and requirements of that district. 2. Two-family dwellings, commonly referred to as duplexes. C. Height and area standards. All dwellings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than 2½ stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet. b. Side yard, interior: Not less than five feet. c. Side yard, corner: Not less than 20 feet. d. Rear yard: Not less than 25 feet. 3. Lot width and area shall be as follows: a. Lot width: Not less than 50 feet measured at the building line. b. Lot area: Not less than 2,500 square feet per dwelling unit for buildings erected, converted, or structurally altered for two-family occupancy. 4. Minimum floor area shall be 600 square feet of habitable floor area per dwelling unit. For additional standards and information, see DIVISION 8 of this article. D. Parking standards. One parking space for each dwelling unit shall be provided on the premises. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall and one detached sign. For additional standards and information, see division 11 of this article. (Code 1988, ; Ord. No , 1(27-27), ) Sec R-3 townhouse district. A. Generally. The purpose of the R-3 district is to accommodate single-family attached residences at densities and with designs that bridge the gap between rental apartment units and single-family homes. The term "townhouse" includes duplexes, side by side units separated by a party wall, or units stacked one above the other. It is the intent of this zoning district that townhouse units be designed and constructed for individual ownership although rental units are not prohibited. This section applies to the R-3 townhouse district. B. Permitted uses. In the R-3 townhouse district, no building, structure or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Any use permitted in the R-1(B) single-family district, under the standards and requirements of that district. 2. Residential buildings containing two to 12 dwelling units. C. Height and area standards. All buildings, structures and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than 2½ stories or 35 feet. 95

96 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet from any public street (see exceptions under subsection (c)(2)e of this section). b. Side yard, interior: Not less than ten feet between any building and any property line. c. Side yard, corner: Not less than 25 feet from any public street. d. Rear yard: Not less than 25 feet between any building and the property line of the project. e. For parking and other paved areas: Not less than six feet from any property line; provided, however, no setback is required for parking in drives on the premises of a dwelling unit. 3. Lot size and area shall be as follows: a. Lot size: no R-3 townhouse district project shall be constructed on a lot less than one acre. b. Lot area: not less than 4,000 square feet per dwelling unit. 4. Minimum floor area: Not less than 750 square feet of habitable floor area per dwelling unit. For additional standards and information, see DIVISION 8 of this article. D. Parking standards. Two off-street parking spaces shall be provided for each dwelling unit, at least one of which shall be in a garage or carport. When parking spaces are provided on the premises of each dwelling unit, when no more than two off-street parking spaces are provided for each dwelling unit on the premises, when the lot has less than 20 feet of continuous street curb length for each dwelling unit, and where visitor and guest parking spaces are not provided elsewhere, the front yard setback measured from the front line to the garage door shall not be less than 36 feet and space shall be provided in the drive for parking two passenger cars for each dwelling unit. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall sign and one monument sign. For additional standards and information, see division 11 of this article. F. Landscaping and screening. A reasonable amount of landscaping is required on all projects with emphasis on softening the visual impact of parking areas and enhancing the overall appearance. Trees are required at not less than one per 4,500 square feet of site area. For additional standards and information, see DIVISION 10 of this article. G. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district in RP-3 and the procedures are set out in section (Code 1988, ; Ord. No , 1(27-29), ; Ord. No , 1, ) Sec R-4 garden apartment district. A. Generally. The purpose of the R-4 garden apartment district is to accommodate low-rise multiple-family development at moderate densities. This is the most appropriate district for apartment development in the suburban areas of the city. It is anticipated that garden apartment buildings will be in clusters on sites large enough to allow several buildings. Sites should be carefully planned with maximum privacy and safety and 96

97 adequate landscaping over the entire site. Such projects are most appropriate on arterial or collector streets or as transitions between business and single-family neighborhoods. This section applies to the R-4 garden apartment district. B. Permitted uses. In the R-4 garden apartment district, no building, structure or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Any use permitted in the R-2 two-family district, under the requirements of that district. 2. Garden apartment buildings or townhouses. C. Height and area standards. All buildings, structures and other uses of land shall conform to the following minimum standards: For additional standards and information, see DIVISION 8 of this article. 1. Height shall be not more than 2½ stories or 35 feet, except that buildings designed for senior and/or retired persons my be up to three stories. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet from any public street. b. Side yard, interior: Not less than ten feet between any building and any property line. c. Side yard, corner: Not less than 25 feet from any public street. d. Rear yard: Not less than 25 feet between any building and the property line of the project. e. For parking and other paved areas: Not less than 25 feet from any street line and not less than six feet from any property line. 3. Lot area shall be not less than 3,000 square feet per dwelling unit. 4. Minimum floor area shall be 380 square feet of habitable floor area for each dwelling unit. D. Parking standards. One and one-half parking spaces shall be provided for each dwelling unit that has one bedroom or less. Two parking spaces shall be provided for each dwelling unit that has two bedrooms or more. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall sign and one monument sign. For additional standards and information, see division 11 of this article. F. Landscaping and screening. A reasonable amount of landscaping is required on all projects with emphasis on softening the visual impact of parking and enhancing the overall appearance. Trees are required at not less than one per 4,500 square feet of site area. For additional standards and information, see DIVISION 10 of this article. G. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designated and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is RP-4 and the procedures are set out in section (Ord. No , 1(27-31), ; Ord. No. O-65-02, 5, ) 97

98 Sec R-5 apartment district. A. Generally. The purpose of the R-5 apartment district is to accommodate medium-density apartment buildings of more than two stories. At its higher range of permitted densities, this district is appropriate for infill or redevelopment sites and for areas of existing similar density near major business or employment centers, but not for suburban areas of the city. Conversions of residential buildings shall be permitted only when parking, land and floor area, and life safety requirements are fully met. This section applies to the R-5 apartment district. B. Permitted uses. In the R-5 apartment district, no building, structure or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Any use permitted in the R-2 two-family district, under the requirements of that district. 2. Apartment buildings. C. Height and area standards. All buildings, structures and other uses of land shall conform to the following minimum standards: For additional standards and information, see DIVISION 8 of this article. 1. Height shall be not more than four stories. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet from any public street. b. Side yard, interior: Not less than ten feet between any building and any property line. c. Side yard, corner: Not less than 25 feet from any public street. d. Rear yard: Not less than 25 feet between any building and the property line of the project. e. For parking and other paved areas: Not less than 25 feet from any street line and not less than six feet from any other property line. 3. Lot area shall be not less than 1,500 square feet per dwelling unit; provided, however, that an area equal to at least 40 percent of the site area is maintained as nonvehicular open space. 4. Minimum floor area: Not less than 380 square feet of habitable floor area per dwelling unit. D. Parking standards. One and one-half parking spaces shall be provided for each dwelling unit that has one bedroom or less. Two parking spaces shall be provided for each dwelling unit that has two bedrooms or more. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall sign and one monument sign. For additional standards and information, see division 11 of this article. F. Landscaping and screening. A reasonable amount of landscaping is required on all projects with emphasis on softening the visual impact of parking areas and enhancing the overall appearance. Trees are required at not less than one per 4,500 square feet of site area. For additional standards and information, see DIVISION 10 of this article. G. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood 98

99 relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent in this district is RP-5 and the procedures are set out in section (Code 1988, ; Ord. No , 1(27-33), ; Ord. No , 2, ) Sec R-6 high-rise apartment district. A. Generally. The purpose of the R-6 high-rise apartment district is to accommodate high-density apartment development of five stories or more. Such development is most suitable in and around the downtown area and in other carefully selected areas where excellent transportation and other services exist. It is also intended that the relatively high density of population permitted in this district be housed in buildings taller than two or three stories in order that reasonable open space may be provided. This section applies to the R- 6 high-rise apartment district. B. Permitted uses. In the R-6 high-rise apartment district, no building, structure, or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for the following uses: 1. Any use permitted in the R-2(B) two-family district under the requirements of that district. 2. Apartment buildings of less than five stories under the R-5 apartment district requirements. 3. Apartment buildings designed solely for senior or retired persons. 4. High-rise apartment buildings. C. Height and area standards. All buildings, structures and other uses of land shall conform to the following minimum standards: 1. There shall be no minimum or maximum height requirement. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet from any public street. b. Side yard, interior: Not less than ten feet between any building and any property line, plus an additional three feet for each story over four to a maximum requirement of 25 feet. c. Side yard, corner: Not less than 25 feet from any public street. d. Rear yard: Not less than the height of the building. e. For parking and other paved areas: Not less than 25 feet from any street line and not less than six feet from any other property line. 3. The building floor area shall not exceed three times the area of the site (floor area ration 3.0), and an area equal to at least 40 percent of the site area shall be maintained as nonvehicular open space. 4. Minimum floor area shall be 380 square feet of habitable floor area per dwelling unit. For additional standards and information, see DIVISION 8 of this article. D. Parking standards. One parking space shall be provided for each dwelling unit that has one bedroom or less; provided, however, that buildings designed solely for senior and retired persons need provide no more than one parking space for each three dwelling units. One and one-half parking spaces shall be provided for each dwelling unit that has two bedrooms or more; provided, however, that buildings designed solely for senior and retired persons shall provide parking as required by the planning commission. For additional standards and information, see DIVISION 9 of this article. E. Signs. Uses other than single-family or two-family dwellings shall be permitted one wall sign and one monument sign. For additional standards and information, see division 11 of this article. 99

100 F. Landscaping and screening. A reasonable amount of landscaping is required on all projects with emphasis on softening the visual impact of parking areas and enhancing the overall appearance. Trees are required at not less than one per 4,500 square feet of site area. For additional standards and information, see DIVISION 10 of this article. G. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by the use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is RP-6 and the procedures are set out in section (Code 1988, ; Ord. No , 1(27-35), ; Ord. No , 3, ) Sec R-M mobile home park district. A. Generally. The purpose of the R-M mobile home park district is to accommodate the particular needs and requirements of mobile homes in areas where such needs can be reasonably and efficiently met. Special consideration must be given to the movement of traffic both within the mobile home park and of the mobile homes themselves on public streets, to the provision of safety features peculiar to the needs of mobile homes, to the provisions of amenities suitable to the density of mobile home parks, and to the safeguarding of the public health, safety, and general welfare. This section applies to the R-M mobile home park district. B. Permitted uses. In the R-M mobile home park district, no building, structure, or land shall be used and no building or structure shall be hereafter erected, converted, or structurally altered unless otherwise provided in this article, except for one or more of the following uses: 1. Mobile home dwellings in a mobile home park of at least five acres that shall be designed for a maximum density of seven mobile homes per acre. Each mobile home shall be placed on its own mobile home space. 2. Any legally established mobile home park including, those which are legally nonconforming uses, may use up to 30 percent of the mobile home pad sites for selfcontained recreational vehicles. Such pad sites shall meet all R-M district requirements or be already legally established as an existing nonconforming use. No such pad within the mobile home park shall be located within 200 feet of a residential structure zoned R- 1 single-family district. No recreational vehicle shall be used for permanent occupancy. Permanent occupancy shall be defined as remaining in one or more mobile home parks within the city for more than 180 days in any 365-day period, or as at least three separate times in a 365-day period, with each time separated by no less than 90 days. 3. In a mobile home park established prior to November 20, 1969, any self-contained recreational vehicle in place as of the effective date of the ordinance from which this section is derived may remain for up to 18 months beyond said effective date. The park owner must provide a list to the unified government specifically designating any such recreational vehicle proposed to remain under this exception within 30 days of the effective date of the ordinance from which this subsection is derived. Thereafter, the park owner must report all recreational vehicles on the annual mobile home listing required for filing with the county in accordance with K.S.A (4) also to the unified government. 4. A special use permit may be sought for a campground and, if approved, variations from the standard set out herein may be permitted. 100

101 C. Mobile homes, where permitted. Mobile home, as used in this section, refers to manufactured housing built in compliance with 24 CFR Except as provided in this subsection, a mobile home may be permitted in the city only in an area zoned R-M mobile home park district. 1. A mobile home may be permitted elsewhere in the city by the unified government board of commissioners for the purpose of providing temporary housing following a disaster, such as fire, windstorm, flood or other emergency or hardship, provided such mobile home is removed from its location within one year of its original placement. 2. One or more mobile homes may be used as a temporary office or other nonresidential structure on the site of a construction project, provided such structure is removed upon completion of the project. 3. A mobile home may be utilized as a single-family residence in any district in which single-family residences are permitted, subject to the following: a. The home must be new when placed on the site. b. The home must be placed on a permanent foundation that complies with the unified government's building code for residential structures. The foundation must include a solid perimeter wall. c. The home must be oriented on the lot so that its long axis is parallel to the street. A perpendicular or diagonal placement is permitted only if the narrow dimension of the home nearest the street is no less than two-thirds of the lot width at the building line. Garages or other completely enclosed additions may be included to meet this requirement. d. The home must be at least 22 feet wide over the major part of the mobile home. e. The home must have a roof sloped at least four feet to 12 over no less than 40 percent of the total roofed area. Roof slope indicates the actual incline of a roof as a ratio of vertical rise to horizontal run, determination must be based on actual measurements and not on nominal designation or rules of thumb. It must consist of shingles or other material customarily used for conventionally built dwellings in the area. f. The roof overhang must not be less than one foot measured from the vertical side of the mobile home. g. The home and any attached building additions must be covered with an exterior material customarily used on conventional dwellings in the area. The exterior covering material must extend to the top of the foundation and no less than two feet from the ground. Exterior material customarily used on conventional dwellings does not include smooth, ribbed, or corrugated metal or plastic panels. h. The home must meet all requirements required of other single-family residences in the area where it is to be located. D. Site location requirements. No site shall be zoned the R-M mobile home park district unless the following location requirements are met: 1. On a minimum 24-foot wide paved public street no more than 500 feet from a street designated and improved as a collector or thoroughfare on the major street plan. 2. All intersecting streets from the collector or thoroughfare to the mobile home court shall have intersections adequate to accommodate maneuvering with a 14foot by 80-foot mobile home. E. Height and area standards: 1. Height shall be not more than one story. 2. Setback from property lines shall be as follows: a. Setbacks around perimeter of mobile-home Park: Not less than 25 feet. b. Front yard: Not less than 25 feet from any public or private street or drive. 101

102 c. Side yard, interior: Not less than 20 feet on the entry side of the mobile home and not less than five feet on the nonentry side from the side lot line. d. Side yard, corner: Not less than 25 feet. e. Rear yard: Not less than 15 feet from any lot line and not less than 25 feet from any street line. 3. Lot width and area shall be as follows: Mobile home space size: Not less than 40 feet by 100 feet. F. Required facilities. In the R-M mobile home park district, the following minimum facility requirements shall be provided: 1. A concrete patio 128 square feet or larger with a minimum width of eight feet for each mobile home space convenient to the entrance of the mobile home and appropriately related to the open area of the space. 2. A concrete or asphalt mobile home pad of adequate size for each mobile home space to fit the outside dimensions of the mobile home to be placed thereupon. Each home shall be equipped with skirts on all sides, such skirts to be of material harmonious to the mobile home and installed within ten days of home placement. 3. Where public streets are provided, they will meet all unified government standards and specifications. All private streets shall be built to standards determined by the unified government engineer and shall be at least 24 feet wide. The unified government may at any time require traffic-control devices to be installed and maintained by the developer or owner on private streets as are deemed necessary to protect the public safety. 4. A paved individual walkway not less than two feet wide shall be provided from each mobile home to a paved driveway or parking space. 5. Appropriate recreational areas at a rate not less than 200 square feet per mobile home space shall be provided. Required recreational areas shall not be less than 2,000 square feet in size. 6. If tenant storage facilities are to be provided outside the mobile home for or by the occupants, the location and design of the storage facilities shall be made a part of the final development plan. Storage facilities may be provided on each mobile home lot or in compounds located within 100 feet from each mobile home lot. If private fences between mobile home lots are to be allowed, they shall be of uniform height and approved as a part of the final development plan. 7. A storm shelter shall be provided for persons living in the mobile home park. The storm shelter shall be adequately designed to protect occupants, and shall have an area of not less than 12 square feet per mobile home lot. The storm shelter shall have adequate fresh air ducts to accommodate the occupants, and storm shelters shall be so located to provide a reasonable degree of safety for all residents. 8. All mobile homes newly installed shall be anchored to the ground by means of anchors attached both to the frame and with straps extending over the top and completely surrounding sides and roof in accordance with K.S.A G. Landscaping and screening. A reasonable amount of landscaping is required on all projects with emphasis on softening the visual impact of unsightly areas and enhancing the overall appearance. Trees are required at not less than one per 4,500 square feet of site area and buffer plantings are required adjacent to singlefamily and two-family zoned property. For additional standards and information, see DIVISION 10 of this article. H. Parking standards. Two off-street parking spaces shall be provided for each dwelling unit. In addition, mobile home parks that do not have public streets shall provide visitor parking at a rate of one-quarter parking space for each mobile home lot, appropriately located and dispersed in separate parking lots having no more than eight parking spaces each. For additional standards and information, see DIVISION 9 of this article. 102

103 I. Management of mobile home parks. Each mobile home park shall have a resident manager on staff and shall be operated in a sanitary, orderly and efficient manner, and shall maintain a neat appearance at all times. No damaged or deteriorated mobile home shall be permitted to remain, and suitable and effective rules for regulating the outside storage of equipment, the removal of wheels and installation of skirtings, the collection of trash and garbage, and the attachment of appurtenances to the mobile homes shall be continually enforced. All drives, playground area and equipment, lawn and trees, and any recreational or accessory buildings shall be maintained at a level at least equal to the average residential neighborhood in the city. All portions of the mobile home park shall be open and accessible to fire, police and other emergency and protective vehicles and personnel, including unified government and state inspectors. J. Signs. Each such project shall be permitted one wall sign and one monument sign. For additional standards and information, see DIVISION 11 of this article. K. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is RP-M and the procedures are set out in section (Code 1988, ; Ord. No , 1(27-37), ; Ord. No , 11, ; Ord. No , 6, ; Ord. No , 8, ; Ord. No , 1, ) Sec C-0 nonretail business district. A. Generally. The purpose of the C-0 nonretail district is to accommodate services of an administrative, professional and governmental nature. It is intended that no products be handled on the premises other than documents involved in business transactions or items for display or training purposes. The size and bulk of buildings may vary, signs are modest in size and prominence, and the occupancy of the buildings is generally assumed to be in the 8:00 a.m. to 5:00 p.m. range, five days per week. Little noise or commotion is produced, and quality of architecture, screening and landscaping is emphasized to assure compatibility with nearby residential neighbors. Location should be on major streets, in or adjacent to the central business district, or as transition between retail uses and residential property. This section applies to the C-0 nonretail business district, except as stated otherwise. B. Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the RP-4 garden apartment district under the standards of that district, except that single-family and two-family dwellings are not permitted in this district. 2. Offices for the administrative functions of businesses, corporations, governmental agencies, utilities, social and philanthropic organizations. 3. Offices for the sale of insurance, real estate, securities, and travel services, as well as equipment, products and materials that are located off the premises. 4. Photographic studios, radio and television studios, hospitals and clinics for treatment of humans, dental laboratories, mortuaries, day care centers, beauty salons. 103

104 5. Offices for professions such as medicine, law, engineering, architecture, osteopathy, chiropractic and counseling. C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All functions and activities shall be conducted within a fully enclosed building. 2. No stock in trade may be kept on the premises except that which is used in training, display or demonstration, all of which shall be kept inside a building. 3. No use is permitted that involves the parking, storage, or continued presence of vehicles of over 18,000 pounds GVWR. 4. No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: For additional standards and information, see DIVISION 8 of this article. 1. Height shall be not more than three stories or 40 feet, except that in the CP-0 planned nonretail business district, buildings and structures shall not exceed 12 stories. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 25 feet. b. Side yard, interior: Not less than ten feet plus one foot for each story over three. c. Side yard, corner: Not less than 25 feet. d. Rear yard: Not less than 25 feet. e. For parking and other paved areas: Not less than six feet from any property line or less than 25 feet from any street line. E. Parking standards. Uses in this district, except those situated in the area herein described as the central business district, require paved off-street parking at a ratio of not less than four spaces per 1,000 square feet of floor area in the building. Buildings in the central business district, within the area bounded by Third Street and Eleventh Street, Ann Avenue and Washington Boulevard, need not provide off-street parking on the premises, if the planning commission determines that adequate alternative parking is available within a practical walking distance in order to protect the public safety and convenience. For additional standards and information, see DIVISION 9 of this article. F. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building and one monument sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district, with emphasis being placed on screening or otherwise softening the visual impact of parking or unsightly areas. Such features shall be depicted on a properly prepared plan. Trees are required at not less than one per 7,000 square feet of site area. Screening or buffer plantings are to be provided along all side and rear property lines common to or across an alley from single-family or two-family zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely 104

105 within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of rezoning, a practice which may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-0, and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted for use as an office or other business purpose unless the following conditions are met: 1. Setbacks comply with those required in this district. 2. All off-street parking required by this article or by the proposed use of the premises can be accommodated in the side or rear yard of the premises, and said premises has access and dimensions to permit the full and safe use thereof. 3. The building is made to comply with all building and other code requirements of a commercial building. 4. The premises is screened from any abutting property zoned or used for residential purposes. 5. A site plan and an architectural plan depicting the requirements of subsection (i) of this section, plus any changes to the exterior of the building, shall be prepared by a registered architect and submitted for review and approval by the planning commission prior to issuance of building permits or occupancy of the building. (Code 1988, ; Ord. No , 1(27-39), ; Ord. No , 4, ; Ord. No , 1, ) Sec C-1 limited business district. A. Generally. The purpose of the C-1 limited business district is to accommodate retail and service establishments that serve, for the most part, a limited, definable trade area and may have close relationships with the residential areas they serve. The size of buildings, the peak hour flow of traffic, the size and prominence of signs and the amount of noise and commotion created are assumed to be moderate to low in scale compared to regional shopping centers and highway-oriented businesses. Clusters or centers on major intersections are preferable to strip patterns. This section applies to the C-1 limited business district. B. Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Buildings to accommodate the sale of items such as and similar to: a. Antiques, jewelry, glassware, artwork, hobby supplies, gifts, flowers, novelties. b. Auto accessories. c. Books, paper products, office supplies, cameras. d. Sporting goods, music supplies and instruments, bicycles, pets. e. Foods and beverages, including consumption on the premises. f. Department store merchandise. g. Hardware, paint, toys, electronic devices, household appliances and furnishings. h. Clothing, shoes, pharmaceuticals and eyeglasses. 2. Services such as all uses permitted in the C-0 district under the requirements and performance standards of that district, including offices for administrative functions, medicine, dentistry, law, philanthropic organizations, counseling, insurance, real estate, securities, and preschools and day care centers. 105

106 3. Additional uses such as: a. Barbershops and beauty shops, churches, commercial parking lots. b. Dry cleaning shops, self-service laundry and pick-up stations. c. Dwellings, single-family under the R-1 requirements and two-family under the R-2 requirements. d. Financial institutions, health studios and centers. e. Locksmiths, shoe repair shops. f. Places of assembly for no more than 50 people to be rented out for a period of a week or less. g. Printing, arts and handicrafts, tailoring and dressmaking. h. Schools of a nonacademic nature, including vocational and trade schools, and training centers. i. Servicing of household appliances and small household equipment normally utilized within the home. j. Small animal hospitals and clinics. k. Theatres and commercial recreation, except those uses listed in less restrictive districts or in section C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All sales, services and storage shall be conducted within a fully enclosed building. No product may be handled or service rendered which cannot be accommodated within a building at all times, except that accessory storage and sale of landscaping and gardening supplies may occur outside during the spring planting season, and Christmas trees may be left outside during the period of sale if they do not reduce the capacity of a parking lot below that required by ordinance. 2. No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood. No public address, paging or music system shall be used which can be heard outside the building. 3. Beverages containing alcohol may be consumed on the premises only when food is also served on the premises. The sale of such beverages containing alcohol must total less in annual dollar volume than the sale of food. Private clubs are permitted in this district only by special use permit. 4. No drive-in or drive-through service directly to persons in automobiles is permitted where food and beverages are served. 5. A maximum of three vehicle fuel pumps may be provided where convenience food products are sold in a building having at least 1,000 square feet devoted to such convenience sales. 6. Sale of auto accessories shall be limited to those that do not require and do not normally involve installation in or on the vehicle on the premises. Tire and battery sales, transmission repair, body work and similar products and services are not allowed in this district. 7. Sales of products shall generally be directly to the ultimate consumer. Wholesale sales or the handling in bulk form of the products or merchandise specified herein is not intended. 8. No use is permitted that involves the parking, keeping, storage or continued presence of trucks of over 18,000 pounds GVWR, semitrailer rigs, contractor's equipment or large-scale items or materials. This does not apply to vehicles making normal deliveries or trips to serve the property. 9. Retail businesses with parking areas or other outside customer-oriented areas within 100 feet of any residence shall restrict hours of operation to between 6:00 a.m. and 1:00 a.m. of the following day. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 106

107 For additional standards and information, see DIVISION 8 of this article. 1. Height shall be not more than two stories or 35 feet. 2. Setback from property lines shall be as follows: a. Front yard: Not less than 15 feet. b. Side yard, interior: None, except where a property in this district abuts a zoning district wherein a setback is required, then that same setback shall be provided on that property in this district. c. Side yard, corner: Not less than 15 feet. d. Rear yard: None, except when abutting property is used for or zoned for residential use a rear yard of no less than 15 feet shall be provided. e. For parking and other paved areas: Not less than six feet from any property line. E. Parking standards. Uses in this district require paved off-street parking spaces at a ratio of not less than four spaces per 1,000 square feet of floor area in the building. For additional standards and information, see DIVISION 9 of this article. F. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. Two wall signs and one detached sign are permitted each building. For additional standards and information, see division 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district, with emphasis being placed on screening or otherwise softening the visual impact of parking or unsightly areas. Such features shall be depicted on a properly prepared plan. Trees are required at not less than one per 7,000 square feet of site area. Six-foot high architectural or landscape screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-1 and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use, except that a residential building may be converted for office use under the conditions set out in section (i). (Code 1988, ; Ord. No , 1(27-41), ; Ord. No , 5, ; Ord. No , 12, ) Sec C-D central business district. A. Generally. The purpose of the C-D central business district is to accommodate and encourage a broad range of business activities in the downtown section of the city. It is the intent of this district to allow a broad range of land uses, including retail, wholesale, services, residential, governmental, educational, religious, recreational and others which can function without adversely affecting neighboring property or the public interest in general. Intensive use of land and the continued use and renovation of existing structures is encouraged. This section applies to the C-D central business district. 107

108 B. Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in C-1 limited business district. 2. Custom maintenance and delivery services. 3. Dry cleaning and laundries. 4. Exhibition and convention halls. 5. Hotels and motels. 6. Mixed commercial and residential structures in the CP-D district. 7. Multifamily residential uses under the standards and requirements of the RP-6 planned apartment district, unless specifically reduced herein. 8. Offices, financial institutions. 9. Places of assembly and worship, health services. 10. Printing and publishing. 11. Multifamily residential uses in buildings of three stories or more originally constructed for office/commercial use. C. Plan approval. Preliminary development plans and final plans shall be approved by the planning commission prior to the construction of new or expanded facilities except for single-family dwellings. Such plans shall conform to the requirements for preliminary and final plans as set out in section Notices shall be sent to all property owners within 200 feet. Approval or disapproval by the planning commission shall be based upon the following: 1. The degree of harmony that will prevail between the visual quality of the proposed use and the surrounding development. 2. The degree of conformance with community plans and policies. 3. The ability of the site to meet its parking needs or the ability of public or other available parking to meet these needs. D. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All sales, services and storage shall be conducted within a fully enclosed building. No product may be handled or service rendered which cannot be accommodated within a building. 2. No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood. 3. No drive-in or drive-through service directly to persons in automobiles is permitted where food or beverages are sold. 4. Sale of auto accessories shall be limited to those that do not require and do not normally involve installation on the vehicle on the premises. Tire and battery sales, transmission repair, body work and similar products and services are not allowed in this district. 5. No use is permitted that involves the parking, keeping, storage or continuous presence of trucks of over 30,000 pounds GVWR rating, semitrailer rigs or portions thereof, contractors' equipment or large-scale items or materials. This does not apply to vehicles making normal deliveries or trips to serve the property. 108

109 E. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 1. No minimum or maximum height requirement. 2. No setback is required, except that where a property in this district abuts a zoning district where a setback is required, then that same setback shall be provided on that property in this district. F. Parking standards. 1. Uses in this district need not provide off-street parking, except that residential occupancies shall provide not less than one off-street parking space for each dwelling unit, and hotels shall provide one off-street parking space for each room. Such parking spaces shall be paved and shall be on the premises or off the premises within 200 feet of the main entrance to the building served. 2. The unified government may, in the planned zoning procedure, require that reasonable off-street parking be provided within a practical walking distance in order to protect the public safety and convenience. For additional standards and information, see DIVISION 9 of this article. G. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building, and one monument sign is allowed in lieu of one wall sign. For additional standards and information, see DIVISION 11 of this article. H. Landscaping and screening. Where setbacks allow, a reasonable amount of landscaping is required on all projects in this district, all to be depicted on a properly prepared plan. Six-foot high architectural screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. I. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-D and the procedures are set out in section J. Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use in this district. (Code 1988, ; Ord. No , 1(27-43), ; Ord. No , 13, ; Ord. No. O-31-99, 1, ; Ord. No. O-48-02, 1, ; Ord. No. O-35-05, 1, ) Sec C-2 general business district. A. Generally. The purpose of the C-2 general business district is to accommodate a broad range of retail, wholesale and service establishments that serve a wide range of markets. While concentration of these uses into clusters and groups is highly desirable, it is anticipated that strips and small clusters along major streets will accommodate a large portion of this type of business. Size and type of buildings and accompanying land areas will vary widely, and traffic and commotion will, in some cases, produce noise levels which may be adverse to nearby residential property. The intensity of the use of land is expected to be moderate to low, except in those occasional cases where high-rise buildings or regional shopping centers are placed. Prominence of establishments in this district will call for a higher level of visual quality, greater setbacks, more landscaping and screening than in previous business districts. This section applies to the C-2 general business district except as otherwise stated. 109

110 B. Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the C-1 limited business district. 2. Shops and stores for the sale of department store merchandise, new and used automobiles and small and medium trucks, automobile supplies, motorcycles, motor fuels. 3. Sales of such items as lawn and garden supplies and equipment, building supplies and materials. 4. Services such as: a. Automobile washing facilities. b. Clubs and membership organizations other than class A and class B private clubs. c. Dry cleaning and laundries. d. Appliance and household equipment repair. e. Maintenance and delivery services, exterminators. f. Limited automobile repair. g. Places of assembly. h. Printing and publishing, custom furniture reupholstery and repair. i. Hotels and motels. C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All sales, services and storage shall be conducted within a totally enclosed building. No product may be handled or service rendered which cannot be accommodated within a building at all times, except that accessory sale and storage of landscaping and gardening supplies, Christmas trees, and vehicles for sale may be kept outside. 2. No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood. 3. Beverages containing alcohol may be consumed on the premises only when food is also served on the premises. The sale of such beverages containing alcohol must total less in annual dollar volume than the sale of food. Private clubs are permitted in this district only by special use permit. 4. Drive-in and drive-through facilities are permitted except for the sale of cereal malt beverages and alcoholic beverages, but only after vehicular approach and stacking space are deemed by the planning director and traffic engineer to be safe, workable and unlikely to produce congestion in the public streets. In the case of disagreement, the unified government board of commissioners shall make the final determination. 5. Servicing of motor vehicles in this district is limited to that which produces no noise, fumes or odor which is perceptible from off the premises and which involves no outside storage or outside keeping of parts. a. Permitted services. Except as accessory use to a new car dealership or department stores, activities, which involve machining, painting, removal, repair or rebuilding of major body, or chassis components, welding or sheet metal cutting are not permitted. Body and framework are not permitted. Servicing and repair is limited to vehicles of less than 12,000 pounds GVWR. Such operations as generator and starter repair, tire and battery installation, tune-ups and diagnosis, electrical and fuel injection servicing, CV joint and clutch and timing belt maintenance and replacement, glass and upholstery replacement, brake installation, rust proofing, air conditioner 110

111 repair, lubrication, and any scheduled maintenance are typical permitted services in this district. Engine replacement may be done only on an occasional basis and shall not be an advertised service. b. Parking. All auto servicing businesses established after the date of this section shall provide no less than four off-street parking spaces for each 1,000 square feet of building floor area. Such auto servicing businesses shall be required to do the following prior to opening for businesses: 1. A dimensioned sketch showing a proposed parking layout that includes parking space stripping, location of drive aisles, pavement and a screened trash enclosure being submitted and approved by the development review committee. 2. Completion of the improvements necessary to implement the plan. 3. The approved sketch shall represent a firm commitment on the improvement and maintenance of the site and repeated deviations from that layout in the field will be considered a violation of the provisions of this article and enforced accordingly. 6. No inoperable motor vehicles shall be kept for a period longer than 48 hours and no more than two such vehicles may be kept at one time unless within a totally enclosed building. Screened outside storage for vehicles including additional inoperable vehicles may be allowed adjacent to the main building in a rear or side yard subject to the requirements set out in subsection (c)(5)b of this section and subject to the area of the storage being the lesser of the area of the building or 2,000 square feet. 7. Sales of products shall generally be directly to the ultimate consumer. The handling in bulk form of the products or merchandise specified herein is not intended. 8. No use is permitted that involves the parking, keeping, storage or continued presence of trucks over 30,000 pounds GVWR rating, semitrailer rigs or portions thereof or outside storage of contractor's equipment or large-scale items or materials. This does not apply to vehicles making normal deliveries or trips to serve the property. 9. Automobile washing facilities shall provide reservoir parking spaces between the lot entrance and the car wash equal to five times the capacity of the car wash facility. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 1. Height shall be not more than three stories, except that in the CP-2 planned general business district, buildings and structures shall not exceed 12 stories. a. Front yard: Not less than 25 feet. b. Side yard, interior: No setback is required except where a property in this district abuts a zoning district wherein a setback is required, then that same setback shall be provided on that property in this district. c. Side yard, corner. Not less than 25 feet. d. Rear yard: No setback is required except where a property in this district abuts a zoning district wherein a setback is required, then a setback of ten feet shall be provided on that property in this district. e. Parking and other paved areas: Not less than six feet from any property line and not less than ten feet from any street right-of-way line. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Uses in this district require paved off-street parking at a ratio of not less than four spaces per 1,000 square feet of floor area in the building. For additional standards and information, see DIVISION 9 of this article. 111

112 F. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see DIVISION 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district, all to be depicted on a property prepared plan. Trees are required to be provided at not less than one per 7,000 square feet of site area. Six-foot high architectural screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-2 and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use in this district. (Code 1988, ; Ord. No , 1(27-45), ; Ord. No , 14, ; Ord. No , 9, ; Ord. No. O , 1, ) Sec C-3 commercial district. A. Generally. This section applies to the C-3 commercial district. The purpose of the C-3 district is to accommodate those businesses that are typically more offensive by reason of noise, commotion, appearance, or hours of operation or general image as perceived by the public. The size, bulk and architectural quality of buildings will vary, exterior storage and display of merchandise and equipment will occur and varying degrees of adverse impacts will be experienced by nearby properties. Buildings will tend to be one and two stories in height and site locations will tend to be on major thoroughfares and peripheral to industrial districts or major business centers. B. Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the C-2 general business district. 2. Buildings and yards for the sale or rental at retail or wholesale of items such as and similar to automotive equipment, cars, trucks, trailers, boats, mobile homes, camping accessories, farm equipment and supplies, manufactured homes, building supplies, lawn accessories, nursery stock, plumbing, heating and air-conditioning equipment and supplies. 3. Services such as: a. Auto and small- and medium-size truck repair and washing, farm machinery repair, adult motion picture theater, adult bookstore or adult video store, entertainment and recreation, except those listed in section b. General repair and fix-it shop. c. Lawn, tree and garden services. 112

113 d. Making or assembly of products to be sold at retail on the premises. e. Miniature golf courses and golf driving ranges. f. Self-storage buildings. g. General and special trades contractors. C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. Drive-in and drive-through facilities are permitted, except for cereal malt beverages and alcoholic beverages, but only after vehicular approach and stacking space are deemed by the planning director and traffic engineer to be safe, workable and unlikely to produce congestion in the public streets. In the case of disagreement, the unified government board of commissioners shall make the final determination. 2. Any making or assembly of products to be sold, including raw materials, and any servicing or repair activities shall be totally within an enclosed building. 3. No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or otherwise injurious to humans or property shall be produced. 4. No operation shall produce noise that exceeds 60dB(A) at repeated intervals for a sustained length of time measured at any point on the property line. No use shall cause the day-night noise level average to exceed 65dB(A) for any residence for a sustained period. 5. Merchandise for sale or rent on the premises may be displayed or stored outside a building as appropriate only if it is kept off public sidewalks and streets and if it does not reduce the capacity of a parking lot below that required by this section. Such merchandise display need not be screened from view from the street, but shall not include auto parts, inoperable vehicles, junk or salvage. Such merchandise shall be a part of the main business of the property or clearly accessory to the activities and sales conducted within the enclosed building or be on a developed site of at least three acres which has had a business selling merchandise outside prior to January 2, Any outside storage or keeping of parts, equipment, inoperable vehicles or residual materials which is necessary, normally related and accessory to the principal use of the premises shall be screened from view from off the premises. Such outside storage shall be limited to areas directly adjacent to the main building, not including more than 20 percent of the area of the main building and not in a required yard. 7. No use is permitted that involves the parking, keeping, storage or continual presence of trucks of over 30,000 pounds GVWR rating or semitrailer rigs or portions thereof, or heavy construction equipment. This does not apply to vehicles making normal deliveries or trips to serve the property. 8. Automobile washing shall provide reservoir parking spaces between the lot entrance and the car wash equal to five times the capacity of the car wash facility. 9. No adult motion picture theaters, adult bookstores or adult video stores shall be established within 500 feet of any church, schools (those permitted in residential districts), or any residentially zoned area. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: For additional standards and information, see. 1. Height shall be no more than three stories, except that in the CP-3 planned commercial district, buildings and structures shall not exceed 12 stories. 2. Setbacks from property lines shall be as follows: 113

114 a. Front yard: Not less than 25 feet. b. Side yard, interior: No setback is required except that where a lot in this district abuts a zoning district wherein a setback is required then that same setback shall be provided on that property in this district. c. Side yard, corner: Not less than 25 feet. d. Rear yard: No setback is required except where a lot in this district abuts a zoning district wherein a setback is required then that same setback shall be provided on that property in this district. e. Parking and other paved areas: Not less than six feet from any property line and not less than ten feet from any street right-of-way line. E. Parking standards. Uses in this district require paved off-street parking at a ratio of not less than four spaces per 1,000 square feet of floor area in the building. For additional standards and information, see DIVISION 9 of this article. F. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see DIVISION 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district, all to be depicted on a properly prepared plan. Trees are required to be provided at not less than one per 7,000 square feet of site area. Six-foot high architectural screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-3 and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use in this district. (Code 1988, ; Ord. No , 1(27-47), ; Ord. No , 6, 7, ; Ord. No , 1, 2, ; Ord. No , 15, ; Ord. No , 10, ; Ord. No. O-34-02, 1, ) Sec M-1 light industrial and industrial park district. A. Generally. The purpose of the M-1 light industrial and industrial park district is to accommodate those activities that are normally considered industrial in nature but which produce few if any external effects that may be adverse to nearby property or to the community in general. Goods which are handled or produced are typically small to moderate in bulk and weight; manufacturing or fabricating processes produce little noise, odors or airborne matter; and volumes of truck and rail traffic are light to moderate in relation to site area. Building sites usually have landscaped setbacks and open spaces, and outdoor service and storage areas are screened. The placement of this district should offer direct access to one or more major streets and involve land that can accommodate large one-story buildings and parking areas plus an adequate buffer for 114

115 any adjoining residential property. This section applies to the M-1 light industrial and industrial park district except as otherwise stated. B. Permitted uses. Occupancies of buildings and uses of land in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the CP-1 planned limited business district except dwellings, under all the standards and requirements of that district. 2. Manufacturing, processing, fabrication, assembling, disassembling, packaging, repairing, cleaning, servicing or testing any commodity except those permitted only in the M-3 heavy industrial district and those listed in section (b)(5). 3. Warehousing or wholesaling of any commodity except those permitted only in the M-3 heavy industrial district. 4. Public and private utility facilities. 5. Business services such as testing, photo processing, equipment rental, leasing, employment agencies, places of assembly, printing, exterminating, custom maintenance and delivery services. 6. General and special trades contractors. 7. Sales of building materials, contractor's equipment, furniture, office, hotel and restaurant supplies, machines, metals. C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All operations shall be conducted within a fully enclosed building. 2. All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the contents are not visible at eye level within 100 feet of the property line. Outside storage areas for other than operable vehicles shall be limited to an area no greater than ten percent of the enclosed floor area of the use and shall not include storage of junk or salvage. Semitrailers not coupled with tractors shall be included in this area limitation. 3. No use shall be permitted or so operated as to produce or emit: a. Smoke, dust, fly ash, gas, or odorous emission not in compliance with chapter 3. b. Vibration or concussion perceptible without instruments at the property line. c. Noise greater than 75 db(a) at repeated intervals for a sustained length of time at any point on the property line or noise which causes the day-night noise level average to exceed 65 db(a) for any residence for a sustained period. d. Industrial waste which may overburden the public sewage facilities or produce odor or unsanitary effects beyond the property line. 4. All uses involving storage, handling, use or sale of hazardous and highly flammable or explosive materials (group H occupancies as defined by the Uniform Building Code) shall notify the building official prior to any such occupancy or any securing of unified government approval be it an occupational license, zoning approval, building permit, etc. The building official shall determine that all applicable requirements are met and may at his discretion submit the use to the development review committee for review. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 115

116 For additional standards and information, see DIVISION 8 of this article. 1. Height shall be not more than three stories or 50 feet, except that in the MP-1 planned light industrial and industrial park district, buildings and structures shall not exceed 150 feet. 2. Setback from property line shall be not less than 25 feet except that parking, loading and other paved areas shall be not less than ten feet from any property line. E. Parking standards. Uses in this district require paved off-street parking at a ratio necessary to serve the employees, visitors, customers and others who may be on the premises. The ratio will vary among occupants and will be determined by the director of planning after receipt of a summary of parking needs and characteristics prepared by the owner or initial occupant. In no case, however, shall less than one space for each 500 square feet of building floor area be provided. For buildings larger than 20,000 square feet, only one space for each 1,000 square feet needs to be provided for building increments between 20,000 and 50,000 square feet. For buildings larger than 50,000 square feet the parking required for increments over 50,000 square feet will be determined by the director of planning. Where questions arise concerning increments over 50,000 square feet, the unified government board of commissioners shall make the final determination upon recommendation of the planning commission. Commercial uses shall provide parking as would be required in the C-1 district. For additional standards and information, see DIVISION 9 of this article. F. Signs. Signs are permitted in this district, but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building, and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district with emphasis being placed on screening or otherwise softening the visual impact of unsightly areas. Such features shall be depicted on a properly prepared plan. Trees are required to be provided at not less than one per 10,000 square feet of site area. Six-foot high architectural screening in combination with a buffer area is to be provided along side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is MP-1, and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted to a nonresidential use in this district. (Code 1988, ; Ord. No , 1(27-49), ; Ord. No , 3, 4, ; Ord. No , 16, ) Sec M-2 general industrial district. A. Generally. The purpose of the M-2 general industrial district is to accommodate a broad range of industrial and certain commercial uses, many of which will be of less visual quality and constitute a more intensive use of land than those uses typical of the M-1 district. Location of sites will logically relate to highway, major street, rail or river access although frontage on such a means of access is not always essential. A wide diversity of building sizes, architectural character and occupancy from one property to another is typical. 116

117 Many uses in this district will have adverse effects on nearby residential property unless substantial buffering, land use transition, and traffic controls are utilized. This section applies to the M-2 general industrial district. B. Permitted uses. Occupancies of buildings and uses of land in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the C-3 commercial district except dwellings, under the standards and requirements of that district. 2. Any use permitted in the M-1 light industrial and industrial park district. 3. Sales and rental of such items as lumber and other construction materials and supplies, heavy machinery and equipment, steel, food and dairy products, mobile and manufactured homes, monuments, marble, slate, recreation vehicles and equipment, chemicals, fuel. 4. Services such as woodworking, machinery and equipment repair, cartage, lawn and building maintenance. 5. Services such as railroad terminals, trucking terminals, truck stops, junior poster panel50">poster panel and poster panel advertising, contractor's storage yards. 6. Telecommunication towers no more than 250 feet tall. C. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: Failure to adequately demonstrate compliance on any one of these items shall result in the initiation of an enforcement action in municipal court or at district court of the county. 1. No use shall be permitted or so operated as to produce or emit: a. Smoke, dust, fly ash, gas, or odorous emission not in compliance with chapter 3. b. Vibration or concussion perceptible without instruments at the property line. c. Noise greater than 80dB(A) at repeated intervals for a sustained length of time at any point on the property line or noise which causes the day-night noise level average to exceed 65dB(A) for any residence for a sustained period. d. Industrial waste which may overburden the public sewage facilities or produce odor or unsanitary effects beyond the property line. 2. No equipment, material or vehicles, other than operable motor passenger cars, may be kept, parked, stored or displayed closer than 25 feet to a street line unless such area is screened from the street by a solid fence or other obstruction, set back not less than six feet from the street line and not less than three feet in height. 3. All accessory materials and products that have been previously used, such as lumber, steel and other metals and concrete products shall be totally screened from view from off the premises. Yards for junk, inoperable vehicles, or salvage storage are not permitted in this district. 4. All uses involving storage, handling, use or sale of hazardous and highly flammable or explosive materials (group H occupancies, as defined by the International Building Code as adopted and amended by the unified government) shall notify the building official prior to any such occupancy or any securing of unified government approval, be it an occupational license, zoning approval, building permit, etc. The building official shall determine that all applicable requirements are met and may submit the use to the development review committee for review. 117

118 5. No adult motion picture theaters, adult bookstores or adult video stores shall be established within 500 feet of any church, school (those permitted in residential districts), or any residentially zoned area. 6. Telecommunication towers shall comply with and be subject to the following: a. All towers shall be set back from any existing off-site residence a distance no less than the height of the tower. b. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of a receipt of notice from the governing authority notifying the owner of such abandonment. The landowner shall be responsible for the removal in the event the lessee fails to remove it upon abandonment. If such antenna or tower is not removed within said 90 days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. c. Every telecommunication tower shall be subject to administrative review after three years regardless of the approved term of the special use permit or the date such tower was installed in an M-2 or M-3 industrial zone. Reviews will subsequently be required every three years thereafter. At the time of this review the applicant shall demonstrate to the satisfaction of the unified government that: 1. The general appearance of the facility has been adequately maintained. This shall include landscaping, fencing, surfacing, tower appearance, etc. 2. The structural integrity of the tower is uncompromised. A report from a licensed professional engineer shall be submitted by the applicant assuring this. 3. A good faith effort has been made to cooperate with other providers to establish collocation at the tower site. Good faith effort shall include, but is not limited to, timely response to collocation inquiries from other providers and sharing of technical information to evaluation the feasibility of establishing collocation. 4. The unified government may request that the applicant hire a qualified third party to prepare a report providing measurements of radio frequency radiation emissions and certifying compliance with all applicable regulations. 7. In areas where surrounding buildings and facilities are served by underground utilities, all utility lines shall be underground. 8. All towers over 100 feet shall be designed to accommodate at least three communication carriers. D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 1. There shall be no minimum or maximum height requirements except that, where a property in this district abuts a zoning district wherein a height limitation is imposed by this division then that same height limitation shall apply to that property in this district within 25 feet of the common property line. 2. Setbacks from property lines shall be ten feet for buildings and structures, six feet for all parking, loading, display and storage areas, except that along side and rear property lines adjacent to residentially zoned property, a 15-foot setback is required. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Uses in this district require paved off-street parking at a ratio necessary to serve the employees, visitors, customers and others who may be on the premises. The ratio will vary among occupants and will be determined by the director of planning after receipt of a summary of parking needs and characteristics prepared by the owner or initial occupant. In no case, however, shall less than one space for each 500 square feet of building floor area be provided. For buildings larger than 20,000 square feet, only 118

119 one space for each 1,000 square feet needs to be provided for increments between 20,000 and 50,000 square feet. For buildings larger than 50,000 square feet, the parking required for increments over 50,000 square feet will be determined by the director of planning. Where questions arise concerning increments over 50,000 square feet, the unified government board of commissioners shall make the final determination upon recommendation of the planning commission. Commercial uses shall provide parking as would be required in the C-3 district. For additional standards and information, see DIVISION 9 of this article. F. Signs. A broad range of signs is permitted in this district, including wall signs, detached signs and outdoor advertising. One wall sign is permitted on each of three facades of the building and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district with emphasis being placed on screening or otherwise softening the visual impact of unsightly areas. Such features shall be depicted on a properly prepared plan. Trees are required to be provided at not less than one per 10,000 square feet of site area. Six-foot high architectural screening in combination with a buffer area is to be provided along side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is MP-2 and the procedures are set out in section I. Building conversion. No building that was designed and constructed as a residential building shall be converted to a nonresidential use in this district. (Code 1988, ; Ord. No , 1(27-51), ; Ord. No , 5, ; Ord. No , 17, ; Ord. No , 2, ; Ord. No. O-48-02, 4, ) Sec M-3 heavy industrial district. A. Generally. The purpose of the M-3 heavy industrial district is to accommodate those uses permitted in the M-1 and M-2 districts plus the remainder of the industries that are not included in those districts. Visual qualities and external effects of occupants in this district are likely to be adverse, in some cases affecting a sizeable land area. Location of sites would logically be limited to five or fewer sections of the community and relatively large land areas zoned. A substantial amount of heavy vehicular traffic and rail activity will occur with some occupants, and activity may be continuous through night time and weekend hours. This section applies to the M3 heavy industrial district. B. Permitted uses. Occupancies of buildings and uses of land in this district are regulated both by performance standards and by enumerated uses that are permitted. The following list is not all-inclusive but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the M-2 general industrial district. 2. Bulletin outdoor advertising signs adjacent to freeways and expressways. 119

120 3. Uses such as manufacturing or assembly of such large bulk products as railroad equipment, heavy contractor's equipment, aircraft, motor vehicles, bridge and bridge components, industrial production equipment concrete products, and watercraft. (Permitted in the more restrictive industrial districts if the standards and requirements of those districts can be met.) 4. Telecommunication towers no more than 250 feet tall. 5. Crematories, if the property is at least 500 feet from any residentially zoned land. 6. Dead animals or offal reduction or processing. 7. Extended or dead storage of motor vehicles, tow lots, and salvage yards for which a salvage special use permit is approved, as set out in DIVISION 6 of this article. 8. Grain elevators, railroad yards. 9. Hazardous waste disposal, storage (longer than 90 days) or treatment only if a special use permit is approved, as set out in DIVISION 6 of this article. 10. Manufacturing of industrial chemicals, pesticides and agricultural chemicals, paints and related products, plastics, synthetic resins, cement, fireworks or explosives and other manufacturing operations with similar environmental effects. 11. Metal smelting, refining of petroleum products, concrete and asphalt mixing plants. 12. Warehousing, wholesaling, or retailing of fireworks or explosives and other operations with similar potential environmental effects. C. Plan review. No permit for construction, reconstruction or expansion of a building, structure, outdoor service or activity area shall be issued, for uses listed under subsections (b)(5) (b)(11) of this section, until and unless a development plan is first prepared by the applicant and approved by the planning commission after public hearing. The decision of the planning commission may be brought before the unified government board of commissioners for final determination. Plans submitted shall include at least the following: 1. Site plan showing buildings, drives, parking, outdoor storage or other activity. 2. Area surrounding the site sufficient to indicate character, topography, current uses and street patterns. 3. Elevation sketches of any buildings or structures with approximate dimensions. 4. Indication of how wastewater, surface water, screening, and landscaping will be handled. 5. Brief description of the operation and how conformance with performance standards will be maintained. D. Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. No use shall be permitted or so operated as to produce or emit: a. Smoke, dust, fly ash, gas, or odorous emission not in compliance with chapter 3. b. Vibration or concussion perceptible without instruments at the property line. c. Noise greater than 85 db(a) at repeated intervals for a sustained length of time at any point on the property line or noise which causes day-night noise level average to exceed 65 db(a) for any residence for a sustained period. d. Industrial waste which may overburden the public sewage facilities or produce odor or unsanitary effects beyond the property line. 2. No equipment, material or vehicles, other than motor passenger cars, may be kept, parked, stored or displayed closer than 25 feet to a street line unless such area is screened from the street by a solid fence or other obstruction, set back not less than six feet from the street line and not less than three feet in height. 120

121 3. All accessory materials and products such as lumber, steel and other metals and concrete products that have been previously used shall be totally screened from view from off the premises. 4. All uses involving storage, handling, use of sale of hazardous and highly flammable or explosive materials (group H occupancies as defined by the International Building Code as adopted and amended by the unified government) shall notify the building official prior to any such occupancy or any securing of unified government approval be it an occupational license, zoning approval, building permit, etc. The building official shall determine that all applicable requirements are met and may submit the use to the development review committee for review. 5. No adult motion picture theaters, adult bookstores or adult video stores shall be established within 500 feet of any church, school (those permitted in residential districts), or any residentially zoned area. 6. Telecommunication towers shall comply with and be subject to the following: a. All towers shall be set back from any existing off-site residence a distance no less than the height of the tower. b. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of a receipt of notice from the governing authority notifying the owner of such abandonment. The landowner shall be responsible for the removal in the event the lessee fails to remove it upon abandonment. If such antenna or tower is not removed within said 90 days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. c. Every telecommunication tower shall be subject to administrative review after three years regardless of the approved term of the special use permit or the date such tower was installed in an M-2 or M-3 industrial zone. Reviews will subsequently be required every three years thereafter. At the time of this review the applicant shall demonstrate to the satisfaction of the unified government that: 1. The general appearance of the facility has been adequately maintained. This shall include landscaping, fencing, surfacing, tower appearance, etc. 2. The structural integrity of the tower is uncompromised. A report from a licensed professional engineer shall be submitted by the applicant assuring this. 3. A good faith effort has been made to cooperate with other providers to establish collocation at the tower site. Good faith effort shall include, but is not limited to, timely response to collocation inquiries from other providers and sharing of technical information to evaluation the feasibility of establishing collocation. 4. The unified government may request that the applicant hire a qualified third party to prepare a report providing measurements of radio frequency radio emissions and certifying compliance with all applicable regulations. Failure to adequately demonstrate compliance on any one of these items shall result in the initiation of an enforcement action in municipal court or at district court of the county. d. In areas where surrounding buildings and facilities are served by underground utilities, all utility lines shall be underground. e. All towers over 100 feet shall be designed to accommodate at least three communication carriers. E. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 121

122 For additional standards and information, see DIVISION 8 of this article. 1. There shall be no minimum or maximum height requirements except as may be established by airport approach zones. 2. No minimum setback is set out herein, however such setbacks as are deemed in the public interest and reasonably protective of nearby property will be established in the plan review process prior to construction. Along side and rear property lines adjacent to residentially zoned property a 15-foot setback is required for all buildings, structures, parking, loading, display and storage areas. F. Parking standards. Uses in this district require paved off-street parking at a ratio necessary to serve the employees, visitors, customers and others who may be on the premises. The ratio will vary among occupants and will be determined by the director of planning after receipt of a summary of parking needs and characteristics prepared by the owner or initial occupant. In no case, however, shall less than one space for each 500 square feet of building area be provided. For buildings larger than 20,000 square feet, only one space for each 1,000 square feet needs to be provided for increments between 20,000 and 50,000 square feet. For buildings larger than 50,000 square feet, the parking required for increments over 50,000 square feet will be determined by the director of planning. Where questions arise concerning increments over 50,000 square feet, the unified government board of commissioners shall make the final determination upon recommendation of the planning commission. Commercial uses shall provide parking as would be required in the C-3 district. For additional standards and information, see DIVISION 9 of this article. G. Signs. A broad range of signs is permitted in this district, including wall signs, detached signs and outdoor advertising. One wall sign is permitted on each of three facades of the building and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article. H. Landscaping and screening. All land area that is not covered by buildings or otherwise surfaced shall be brought to a finished grade and landscaped. Six-foot high architectural screening in combination with a buffer area is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. I. Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is MP-3 and the procedures are set out in section J. Building conversion. No building that was designed and constructed as a residential building shall be converted to a nonresidential use in this district. (Ord. No , 1(27-53), ; Ord. No , 8, ; Ord. No , 6, ; Ord. No , 18, ; Ord. No , 3, ; Ord. No , 1, ) Sec TND Traditional neighborhood design district. A. Purpose. This section establishes and encourages innovative mixed-use development as an alternative to typical post World War II suburban, use-segregated developments. Specifically, the TND is intended to be used for the creation of developments that: 1. Create a dynamic, mixed-use environment, where walking is the predominant mode of transportation. 2. Provide for a range of housing choices in close proximity to each other, including vertical mixed use. 122

123 3. Create land development solutions that are not typically found elsewhere in the city. 4. Produce quality public spaces that are usable for a variety of public and semi-public activities. 5. Ensure higher standards of design and construction for buildings, public infrastructure, and landscaping. 6. Guarantee a high degree of connectivity for pedestrian and vehicular traffic. 7. Locate buildings close to the street, so that streets and squares are defined as "outdoor rooms". 8. Utilize all the streets for on-street parking. 9. Expedite the development process. 10. Provide numerous, narrow, slow-speed streets to ensure the safety of pedestrians and bicyclists. B. Conceptual framework and T-zones. Because of the unique characteristics of TND, a sub-classification of organizing property and uses is established. The sub-classifications for TND are called "transect zones" (Tzones). T-zones help to regulate the creation of the built environment by utilizing land use, density, and intensity to create a quality environment by using them as assets rather than regulating them as potential detriments to the development. 1. T-zone definitions: a. T-1 Natural. Land that will permanently remain undeveloped. b. T-2 Rural. Large lot, rural and estate areas. c. T-3 Sub-urban. The most natural, least dense, most residential context of a community. d. T-4 General urban. A predominantly residential context, typically the largest zone within a community. It allows for the widest variety of housing choice. e. T-5 Urban center. A denser, mixed-use context, typically located near the center of a pedestrian shed or as a corridor along important thoroughfares. f. T-6 Urban core. The most dense, primarily mixed-use business, cultural and entertainment concentration of a region, typically assigned to major crossroads. g. D District. Specialized single-use sections of a community that have a regional scale. Examples are hospitals, universities, stadiums or large wholesale markets. h. CS Civic space. Sites reserved for civic buildings and civic open space. Zone CS includes land reserved for parks. C. Design manual. In the TND district, a wide variety of uses and structures are permitted. To encourage this, the city requires any applicant seeking this zoning classification to submit as a part of the rezoning application a "design manual". The design manual shall include, but shall not be limited to: 1. A detailed summary of the project; 2. The scope and vision of the project; 3. An detailed analysis of the existing and surrounding zoning; 4. An detailed analysis of the existing site and development patterns at the neighborhood level; 5. A plan that illustrates the location of the T-zones contained in the project; 6. Illustrations of the building types contained in the project; 7. Illustrated thoroughfare standards; 8. Landscape standards; 9. Architectural standards; 10. A phasing diagram; 11. Unit count; 123

124 12. Illustrations of preliminary grading; 13. Illustrations of pedestrian sheds; 14. Illustrations of parks, open space, block patterns, and street network; 15. Illustrations of the overall master plan layout. D. Performance standards. Performance standards shall be governed by the design manual. The intent of the district is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash, and operational hours are to be closely coordinated. Every application shall include the following elements: 1. The plan consists of a series of neighborhoods of an approximately ¼-mile radius, which correlates to a five minute walk from center to edge. This encourages walking and interaction among residents. 2. Each neighborhood has a discernible center. 3. Each neighborhood has a variety of dwelling types. 4. All TND developments of 80 acres or more allow civic uses within the neighborhoods. 5. Each neighborhood has a variety of open spaces. 6. The development has streets laid out in a connected network, so there are multiple alternate routes to various destinations. 7. Buildings are placed close to the street, so that streets and squares are defined as "outdoor rooms." 8. Street designs accommodate parking. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot. 9. All T-5 and T-6 portions of a TND development abut and enter off a class A or B thoroughfare. 10. All TND developments of 80 acres or more include a minimum of three out of the six T-zones excluding zones T-1, D, and CS. 11. T-zones within the development are in succession (T-3, T-4, T-5 etc.), but may skip one zone. In no case may the T-zones skip over more than one zone (example T-2 to T-5). Zones D and CS do not occur in succession and may abut any other T-zone. E. Development review board. There is hereby created a development review board (DRB). The DRB will act as the governing body for all areas zoned TND and shall enforce building layout, aesthetics, and the design manual. 1. Members. The DRB is to be composed of six members: a. The chairman of the planning commission, with the consent and approval of the planning commission, shall appoint two members of the planning commission to serve on the DRB. b. The planning director shall appoint one member of the city's planning staff to serve on the DRB. c. The public works director shall appoint one member of the city's public work's staff to serve on the DRB. d. The applicant, or his designee, shall serve on the DRB. e. The applicant's architect or designer shall serve on the DRB. 2. Organization and authority. a. Organization. The DRB shall elect officers as it deems necessary. b. Rules. The DRB shall have the power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this section. All rules shall be approved by the board of commissioners by resolutions before becoming effective. If no rules are readopted, Robert's Rules (RR) shall apply. 124

125 c. Meetings. The DRB shall meet on an as-needed basis, based upon the complete submission of applications. d. Records. The DRB shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, determinations, and decisions. All such material shall be public record. e. Vacancies. All vacancies on the DRB that are subject to appointment shall be reported to the planning commission. 3. Duties and powers. The DRB will act as the governing body for a TND district. F. District size. All parcels zoned TND shall meet one of the following criteria: 1. Located west of Interstate 635 and containing a minimum of 80 acres. 2. Located east of Interstate 635, not located in the Downtown, and containing a minimum of five acres. 3. Located on an arterial collector. 4. Located within ¼-mile of an existing transit stop. 5. Located next to an existing TND zone and will connect with a public street to the existing TND zone. G. Permitted uses. In the TND district, a wide variety of uses and structures are permitted. A use allowed by right or allowed by exception must occur within a structure intended for that use. Uses allowed by exception must be approved by the DRB. Structures and uses shall be regulated by T-zone: 1. Retail uses allowed by right. a. Barber and beauty shops. b. Churches. c. Multiple level commercial parking lots. d. Dry cleaning shops, self-service laundry and pick-up stations. e. Financial institutions, health studios and centers. f. Locksmiths, shoe repair shops. g. Places of assembly for no more than 50 people to be rented out for a period of one week or less. h. Printing, arts and handicrafts, tailoring and dressmaking. i. Servicing of household appliances and small household equipment normally utilized within the home. j. Small animal hospitals and clinics. k. Jewelry, house-wares, artwork, hobby supplies, gifts, flowers. l. Books, paper products, office supplies, cameras. m. Sporting goods, music supplies and instruments, bicycles, pets. n. Foods and beverages, including consumption on the premises. o. Toys, electronic devices, household appliances, and furnishings. p. Clothing, shoes, pharmaceuticals and eyeglasses. q. Custom furniture re-upholstery and repair. r. Grocery, hardware, department store under 50,000 square feet. s. Theaters and performance halls with up to three screens. 2. Retail uses allowed by exception. a. Automotive accessories. 125

126 b. Schools of a nonacademic nature including vocational and trade schools, training centers. c. Taverns and private clubs. d. Gas stations and convenience stores. 3. Office uses allowed by right. a. Offices for the administrative functions of businesses, corporations, governmental agencies, utilities, social and philanthropic organizations. b. Offices for the sale of insurance, real estate, securities, and travel services, as well as equipment, products and materials which are located off the premises. c. Photographic studios, radio and television studios, hospitals and clinics for treatment of humans, dental laboratories, mortuaries, day care centers, beauty salons. d. Offices for the professions such as medicine, law, engineering, architecture, osteopathy, chiropractic and counseling. e. Day care and pre-schools. H. Building types. In the TND, a variety of building types are permitted, from mixed-use buildings to singlefamily detached houses. 1. Building type definitions. a. Accessory unit. A dwelling unit (sometimes known as a granny flat) that is located over a garage on the same lot or premises as the main structure. An accessory unit may also be a single story dwelling unit, not associated with a garage, located on the same lot or premises as the main structure. Such units can be attached or detached from the main structure, and are located towards the rear of the lot. All accessory units shall have a maximum square footage equal to 50 percent of the main structure's finished space excluding garages and basements. b. Apartment building. A structure with more than two dwelling units on one lot. The apartment building type may also be used for lodging purposes. c. Flat over flat (duplex). A structure with two dwelling units placed one above the other. d. Live/work building. A dwelling unit that contains, to a limited extent, a commercial component. A live/work unit is a fee-simple unit on its own lot with the commercial component limited to the ground level. e. Mixed use building. A building or buildings that combines retail/commercial and/or service uses with residential or office use in the same building or on the same lot in one of the following ways: 1. Vertical mixed use. A single structure with the above floors used for residential or office use and a portion of the ground floor for retail/commercial or service uses. 2. Horizontal mixed use attached. A single structure which provides retail/commercial or service use in the portion fronting the public or private street with attached residential or office uses behind. 3. Horizontal mixed use detached. Two or more structures on one site which provide retail/commercial or service uses in the structure(s) fronting the public or private street, and residential or office uses in separate structure(s) behind or to the side. f. Paired house (duplex). A structure with two dwelling units placed one beside the other sharing a common wall. 126

127 g. Prominent civic building. A civic building located on a prominent community site. Prominent civic structures are allowed more design flexibility due to their role in the community and the plan. Prominent civic buildings are to be located in CS zones. h. Row house. One dwelling unit attached by a common wall to another dwelling unit. A row house is generally a fee simple unit, from ground to roof, with no units above or below. i. Single-family detached house. One dwelling unit on its own lot, detached from other adjoining lots. j. Small civic building. A civic building specifically designed for a civic function but not located in a civic space (CS) zone. k. Small commercial building. A single-use, one-story structure with either office or retail use. 2. Allowed building types. Building types are regulated by T-zone as listed in table Building types allowed by exception must be approved by the DRB. Table Allowed Building Types - TND "R" - allowed by right; "E" - allowed by exception; " " - building type not allowed. Building Type T2 T3 T4 T5 T6 CS Type I: Mixed Use Building Type II: Live/Work Building Type III: Small Civic Building Type IV: Small Commercial Building Type V: Apartment Building Type VI: Rowhouse Type VII: Flat over Flat (Duplex) Type VIII: Paired House (Duplex) Type IX: Single Family Detached House Type X: Accessory Unit Type C: Prominent Civic Building E R R E E R R E R R R E E E R R R E R R R R R E R R R R R R R E E E E E Interpretation of Table : "R" means allowed by right; "E" means allowed by exception. A blank cell means that the building type is not allowed. I. Frontage types. In the TND, a variety of frontage types are permitted. 1. Frontage type definitions. 127

128 a. Arcade. A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk remains the frontage line. This type is conventional for retail use, with other uses in the occupied space above the colonnade. b. Common lawn. A frontage wherein a group of buildings share a common lawn. The frontage has a visual relation to the street and to the buildings across the lawn. c. Doorway. A frontage wherein the facade is aligned with the sidewalk and the entry is a door flush with the facade, or recessed into the facade. This type is similar to storefront frontages, except that they are primarily used for residential entries. d. Dooryard. A frontage wherein the facade is set back from the frontage line by an at-grade courtyard. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The dooryard is suitable to conversion for outdoor dining. 128

129 e. Forecourt. A frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalk. f. Front yard. A frontage wherein the facade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line is optional. g. Gallery. A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. h. Storefront. A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible. 129

130 i. Terrace or light court. A frontage where the facade is set back from the frontage line by an elevated terrace or sunken light court. The sunken court can potentially access an additional unit below grade. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The terrace is suitable to conversion for outdoor dining. 2. Allowed frontage types. Frontage types are regulated by building type as listed in table Building Type Frontage Type Table Allowed Frontage Types - TND "A" - allowed; "A*" - allowed in all applicable zones except T-2; " " - building type not allowed Type I: Mixed-Use Building;rr; Type II: Live/Work Building;rr; Type III: Small Civic Building;rr; Type IV: Small Commercial Building;rr; Type V: Apartment Building;rr; Arcade A A A A Type VI: Rowhouse;rr; Common Lawn A A Doorway A A A Dooryard A A A A A Forecourt A A Front Yard A A A Gallery A A A A Storefront A A A Terrace/Light Court A A Table Allowed Frontage Types - TND (continued) "A" - allowed; "A*" - allowed in all applicable zones except T-2; " " - building type not allowed Building Type Type VII: Flat over Flat Type IX: Single Family Type X Accessory Unit Type C: Prominent Civic 130

131 Frontage Type Arcade (Duplex) Type VIII: Paired House (Duplex) Detached House Common Lawn A A* Doorway Dooryard Forecourt Front Yard A A Gallery Storefront Terrace/Light Court A A Constraints are dependent on principal structures.; rr; Building By DRB Review Interpretation of Table : "A" means allowed. "A*" means allowed in all applicable zones except T-2. A blank cell means that the building type is not allowed. J. Function intensity standards. The intensity of the uses are governed by T-zone, lot location, and parking requirements: 1. Applicable to all zones. a. Applicable to all uses. Use is limited by the parking requirement of subsection (n). b. Residential. Only one accessory unit or accessory structure shall be allowed per main structure. 2. Zone T-2. a. Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms. 3. Zone T-3. a. Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms. b. Office. The building area available for office use on each lot is restricted to the first story of the principal or the ancillary building. c. Retail. The area in T-3 available for retail use must be designated on the regulating plan. The total area of retail in T-3 is limited to 500 square feet at the first story for each 100 dwelling units within the entire TND development. 4. Zone T-4. a. Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms. b. Office. The building area available for office use on each lot is restricted to the first story of the principal or the ancillary building. c. Retail. The building area available for retail use is restricted to block corner locations at the first story. d. Residential. In order to ensure a diversity of residential opportunities, a minimum of three of the allowed by right building types must be constructed, not including accessory units. Each type must account for at least ten percent of the total number of units within this zone only. 131

132 5. Zone T-5. a. Residential. In order to ensure a diversity of residential opportunities, a minimum of three of the allowed by right building types must be constructed, not including accessory units. Each type must account for at least ten percent of the total number of units within this zone only. K. Height standards. The height of the primary building on a lot is regulated by T-zone: 1. Applicable to all zones. Accessory units (building type X) and accessory structures shall not exceed the height of the primary structure. 2. T-2. No more than two and one-half stories for all building types. 3. T-3. No more than two and one-half stories for all building types. Live/work buildings and flat over flat buildings shall at least two stories. 4. T-4. No more than three stories for all building types. Mixed-use buildings, live/work buildings, and flat over flat buildings shall be at least two stories. Mixed use buildings and live/work buildings shall have a first floor to ceiling height of 15 feet minimum. 5. T-5. At least two stories and no more than four stories for all building types. Mixed-use buildings, live/work buildings, and small commercial buildings shall have a first floor to ceiling height of 15 feet minimum. 6. T-6. At least two stories and no more than eight stories for all building types. 7. D. No more than four stories. 8. CS. No height limitation. L. Setback standards. Setbacks are regulated by T zone and frontage type and are measured from the public right-of-way. Setbacks are regulated by transect zone and frontage type as listed in tables and Table Front Setbacks - TND " " - standard is not applicable Transect Zone T2 T3 T4 T5 T6 CS D Frontage Type Arcade Doorway Gallery Storefront 0' 0' 0' 0' Common Lawn 10-20' 0-10' 0-10' 0-10' Dooryard 8-20' 8-20' 8-20' 8-20' Courtyard Facade 25' min ' 10-35' 10-35' Forecourt Foreground Facade 10-25' 0-10' 0-10' 0-10' Front Yard 50' min ' 0-15' 0-15' 0-15' Terrace/Light Court 10-25' 8-20' 8-20' 8-20' By Special Review Table Side and Rear Setbacks - TND " " - standard is not applicable Transect Zone T2 T3 T4 T5 T6 CS D 132

133 Setback Type Side Setback 50' min. 5' min. 0-10' 0-10' 0-10' Corner Lot 50' min. 5' min. 5' min 5-10' 0-10' Rear Setback Interior Lot 50' min. 5' min. 5' min 5' min 0-10' Lot with Alley; rr; 8' 8' 8' 8' 8' By Special Review; rr; Interpretation of Table : A blank cell means that a standard is not applicable. 1. Additional setback standards. a. For parking lots and parking garages. At least 25 feet from any public right-of-way and at least six feet from any property line. b. Minimum thoroughfare landscaping and buffering setbacks. The TND district thoroughfare landscaping and buffering setbacks shall comply with the landscape standards of this chapter. M. Lot size and area standards. 1. Lot size. Lot sizes are regulated by T zone. a. T-2. Minimum of 20 acres average per dwelling unit. b. T-3. A mixture of lot widths is required in order to achieve residential diversity. The provision of small, medium, and large lot widths shall be achieved as follows: 1. Small lots. At least 25 percent and no more than 50 percent of the total number of lots in T-3 shall be 25 feet to 45 feet wide. 2. Medium lots. At least 25 percent and no more than 50 percent of the total number of lots in T-3 shall be 45 feet to 60 feet wide. 3. Large lots. At least 15 percent and no more than 35 percent of the total number of lots in T-3 shall be more than 60 feet wide. c. T-4. Sixteen feet minimum lot width for attached housing, 25 feet minimum lot width for detached housing. d. T-5. No minimum lot size. Lot widths are limited to no more than 60 feet. Lots with common lawn frontages have no maximum lot width. e. T-6. No minimum. f. CS. No lot size regulation. g. D. By special review of the development review board. 2. Minimum floor area. Floor area requirements for the TND district are regulated by the currently adopted building code. N. Parking standards. Parking standards are a component of the design manual, and shall be illustrated as such. Parking standards are regulated by T zone. Office and retail space may utilize the on-street parking adjacent to the lot frontage as part of the parking requirement. 1. T T-3. a. Two off-street parking spaces shall be provided for each dwelling unit. b. One off-street parking space shall be provided for each lodging bedroom. 133

134 a. Two off-street parking spaces shall be provided for each dwelling unit. b. One off-street parking space shall be provided for each lodging bedroom. c. Two parking spaces per 1,000 square feet of office or retail space shall be required. 3. T-4 and T5. a. One off-street parking space shall be provided for each dwelling unit. b. One off-street parking space shall be provided for each lodging bedroom. c. Two parking spaces per 1,000 square feet of office or retail space shall be required. 4. Zone T-6. There is no parking requirement for dwelling units, lodging units, office space, or retail space. 5. Zone CB. No parking regulation. 6. Zone D. By the DRB. 7. Shared parking standard. When sharing uses on a particular lot, the parking requirement may be further reduced by the following factors: a. Residential and office. The combined requirement may be reduced by a factor of b. Residential and retail. The combined requirement may be reduced by a factor of 0.9. c. Office and retail. The combined requirement may be reduced by a factor of d. Lodging and residential. The combined requirement may be reduced by a factor of 0.9. e. Lodging and office. The combined requirement may be reduced by a factor of 0.8. f. Lodging and retail. The combined requirement may be reduced by a factor of If parking is reduced under subsection (7), above, the applicant must provide a written agreement between the owners and lessees of the parking spaces that complies with the following standards: a. The term of agreement is a minimum of 20 years. b. The agreement must provide that it is enforceable by the Unified Government of Wyandotte County. c. The agreement must provide that it binds all heirs, successors, and assigns to the lessor and lessee. d. The agreement must be recorded with the register of deeds of the county. e. If the agreement expires or terminates, the use for which the off-site parking was provided will be considered nonconforming. All approvals relating to the nonconforming use will be subject to revocation. Continuation or expansion of the nonconforming use is prohibited unless the use is brought into compliance with the parking regulations of this chapter. O. Additional standards. 1. Businesses providing drive up or walk up services such as restaurants must be designed to match the character of the development. In no case shall the drive thru lane or window abut or face a public street. 2. Gas stations, bank drive-thru, and convenience stores must be designed to match the character of the development. In no case shall the gas pump canopy abut a public street. Any canopy must be attached to the primary building. All canopy supports must match the primary building material and design of the primary building. 3. Sidewalk sales and display of merchandise may only occur adjacent to storefront businesses in T-zone 5 and 6 where the paved sidewalk is a minimum of ten feet wide. The merchandise shall only be displayed along the tenant space and up to five feet from the building face. No used merchandise may be displayed outside. All merchandise sold outside must be of the same character and nature as the goods sold inside. 134

135 4. Outdoor eating areas for restaurants and drinking establishments are allowed along the sidewalk in T- zones 5 and 6 where the paved sidewalk is a minimum of ten feet wide. The merchandise shall only be displayed along the tenant space and up to five feet from the building face. 5. Outdoor eating areas for restaurants and drinking establishments may not occupy an area greater than ten percent of the floor area of the adjoining establishment. 6. Communication antennas and towers shall comply with the accessory use section or special use permit section (32) of the unified government zoning code. 7. All dwelling units within this district must be provided with a basement or with a FEMA standard safe room constructed to tornado standards for the protection of the occupants. P. Signs. Each live/work unit shall be permitted a sign area that shall not exceed five percent of the first floor face. The sign area can be used in one wall-mounted sign, one projecting sign, or the sign area can be divided between a combination of the two sign types. In no case shall a projecting sign project more than three feet from the face of the building. All wall-mounted signs are to be individual channel lock letters. Portable signs such as sandwich boards are allowed but must be removed daily. Sandwich board signs are restricted to be no larger than two feet by two feet. All other commercial signs shall be governed by the C-1 or C-2 sign code. 1. Prohibited signs. The following signs are prohibited: a. Internal illuminated signs for live/work units. b. Attention-attracting devices for live/work units. c. Electronic signs. d. Pole signs. e. Roof signs. f. Obsolete signs. g. Signs that falsely state that the building or portions thereof is reserved for a use that is inconsistent with the existing zoning. Q. Roadway standards. All roadways shall be governed by the street standards portion of the design manual and Code, which govern the specific design of every roadway in the district, including the provision of onstreet parking. In general, roadways are to be designed for slower design speeds, to ensure the safety of pedestrians, bicyclists, and motorists. This entails narrower lane widths, the provision of on-street parking on all roadways types, and small curb radii at intersections. A variety of roadways types is encouraged, and block perimeters should be small. Specific roadways standards are noted in the appendix A of this chapter: TND roadway design criteria. 1. Road type definitions. a. Alley. Very low capacity roadway with two-way yield operation along the rear of properties providing common access for parking, service areas, and accessory units as well as utility easements. b. Avenue. Medium capacity roadway with intensive pedestrian use appropriate as the main street of the commercial or mixed use zone. c. Courtyard. Low to very low capacity divided roadway with a landscaped median to provide direct local access along a dead-end alignment. d. Frontage road. Low to very low capacity roadway parallel to a thruway to provide access to abutting property. e. Lane. Low to very low capacity roadway with two-way yield operation to provide direct access to abutting land. 135

136 f. Parkway. Low to medium capacity divided roadway with a landscaped center median appropriate as the main street of the commercial or mixed use zone. g. Public square. A configuration where the perimeter streets are all one way providing counter-clockwise circulation, with a landscaped center median. h. Route. Low to medium capacity roadway that connects different parts of the TND but does not provide direct access or parking to abutting land. i. Street. Low capacity roadway to provide direct local access to abutting land. A street may have either two-way or one-way operation. j. Thruway. Medium to high capacity roadway that bisects or borders the TND and is part of the larger collector-arterial network of the city. R. Block sizes. All blocks shall have the following maximum block perimeters: 1. Zone T-3: 3,000 feet maximum. 2. Zone T-4: 1,800 feet maximum. 3. Zone T-5: 2,000 feet maximum. 4. Zone T-6: 2,000 feet maximum. S. Landscape standards. All landscaping shall be governed by a landscape standards portion of the design manual, which lists plant species, instructions, location criteria, and their application in the various T zones. 1. Frontage landscaping. Minimum landscaping at the completion of construction between the frontage line and the building facade is regulated by frontage and building type. a. Arcade. 1. Applicable to all building types: Zero landscape plantings required. b. Common lawn. 1. Applicable to all building types: Six landscape plantings required per dwelling unit. At least one of the six required landscape plantings shall be a shade or ornamental tree. c. Doorway. 1. Applicable to all building types: Zero landscape plantings required. d. Dooryard. 1. Building types I, II, III, IV: Zero landscape plantings required. 2. Building types V, VI, VII, VIII: Six landscape plantings required. e. Forecourt. 1. Applicable to all building types: Fifteen landscape plantings required f. Front yard. 1. Applicable to all building types: Eleven landscape plantings required. At least two of these landscape plantings shall be a shade or ornamental tree. Landscape plantings at approximately 30 inches on center shall be used along street-facing foundation walls. g. Gallery. 1. Applicable to all building types: Zero landscape plantings required. h. Storefront. 1. Applicable to all building types: 136

137 i. Storefronts less than 60 feet in length: Zero landscape plantings required. ii. Storefronts greater than 60 in length: landscaping in the form of movable planter boxes and pots are required. One planter box with a minimum dimension of 18 inches by 18 inches shall be required per 25 feet of storefront length. i. Terrace/light court. 1. Building types I, II, III, IV: Zero landscape plantings required. 2. Building types V, VI, VII, VIII: Six landscape plantings required. 2. Street trees. Trees are required in the public right-of-way along streets, at a minimum of one shade tree every 40 feet, except where a park exists. 3. Buffering. In situations where the rear property of a detached single-family home abuts a public street, thoroughfare, or an existing detached single-family subdivision zoned R-1 or R-1(B), buffering shall be put in place to soften the impact of the development and protect future property owners from traffic sound and headlight glare. The necessary buffering shall be accomplished by the use of trees, shrubs, walls, and fences within a landscape easement or tract. The applicant shall submit a thorough landscape plan that addresses how this buffering will be accomplished. At least two of the following elements must be used: a. Evergreen trees planted at 30 feet on center. b. Evergreen shrubs planted at four feet on center. c. A six-foot high masonry wall or solid fence. T. Building materials. All building materials and their use shall be governed by the architecture standards portion of the design manual, which shall list specific material instructions and usage criteria. Masonry building materials approved for this district are stone, brick, cast stone, and stucco. Synthetic stone, such as premanufactured fiberglass, cultured stone, or glass-fiber reinforced concrete is permitted, provided that it is identical in appearance and of equal or greater durability to natural stone. These masonry materials shall be required on 65 percent of the sum total of all building facades, except for building type X, single-family detached house, which shall have 25 percent of the sum total of all facades. Building type XI, accessory units, and accessory structures and garages shall be exempt from the masonry requirement but shall be constructed from the same materials as the main structure. Stucco in a TND development shall mean traditional stucco or gypsum concrete/plaster materials with smooth sand finish. Cement board siding may be used to fulfill the masonry requirement but the percentage of masonry becomes 100 percent excluding trim unless otherwise approved by the DRB. Exterior insulation and finish systems (EIFS) or premanufactured panels are not permitted. These provisions are intended to ensure a longer-lasting, sustainable appeal of the TND neighborhoods. U. Planned zoning. This is a planned zoning district that involves the submittal and approval of preliminary development plans at the time of rezoning. Following zoning approval, all final plans are approved as follows: 1. The DRB is delegated the authority to approve the final plan, except as provided in subsection [2], below. 2. If the DRB does not reach a unanimous recommendation on a final plan, then the issue will be presented to the planning commission for final review following the normal criteria for final plan submission set out in subsection (i). V. Definitions for this section. Accessory structure. Detached non-dwelling unit structure, including a garage, located on the same lot or premises as the main structure. Accessory structures shall not be located in the front yard. Block. The aggregate of private lots, passages, rear lanes, and alleys, circumscribed by thoroughfares. 137

138 Civic. The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, religion, and municipal parking. Civic space. An open area dedicated for public use. Design manual. A manual used as a tool for the applicant to present their vision for the TND development. The manual is accepted as the code for the development and is used as a guide for the DRB review board to assure that the original design, continuity and theme is carried through the marketing and building process. Development review board. This board will act as the governing body for the TND development and enforce building layout, aesthetics and the design manual. (See subsection (e)) Frontage line. The front property line and/or right-of-way line of a building lot. Landscape planting. A deciduous or evergreen tree or shrub planted between the frontage line and the front facade of a building. Perennial or annual flowers and bulbs are not considered landscape plantings. Lodging. Premises available for daily and/or weekly renting of bedrooms. Masonry. Durable, long-lasting materials such as stone, brick, cast stone, stucco, synthetic stone, cultured stone, and, glass-fiber reinforced concrete. Open space. An area or tract of land that is set aside and left natural or pristinely manicured for the enjoyment of the public. These areas should be accessible both physically and visually to residences of the community. Such land shall be owned and maintained by the developer, owner, or property owners association. Outdoor room. An open space that is framed by buildings, fences, walls, landscaping, or berms in order to create the feel of a private open space. Pedestrian shed. An area defined by the average distance that may be traversed at an easy walking pace from its edge to its center. This distance is applied to determine the size of a neighborhood or extent of a community. A standard pedestrian shed is one-quarter of a mile radius, or 1,320 feet. Pedestrian sheds should be conceived as oriented toward a central destination containing one or more important intersections, meeting places, civic spaces, civic buildings, and the capacity to accommodate a T-5 transect zone in the future. Plan of record. The plan that is accepted by the city planning commission and unified government board of commissioners as a part of the TND rezoning process. This plan shows the general shapes and forms of buildings, building materials, building locations, landscaping, open space and all other details of the plan. (See subsection (c and d)). T-zone. A geographical cross-section, used to identify the level of urban character and intensity of a traditional neighborhood design project. Use-segregated development. A method of development wherein different types of uses are separated and sorted by type, size, and setback from property lines. Walkable neighborhoods. Neighborhoods that are designed to allow residents the ability and reason to walk around the neighborhood for goods, services, and social interaction. APPENDIX A TND ROADWAY DESIGN CRITERIA 138

139 Type Design speed Maximum ADT TND Roadway Design Criteria Thruway see comment see comment Frontage Road T-zones applicable to All zones T3, T4 Number of lanes Intersection spacing, block length min/max. sheet note 4 Dead end alignment see comment 1/3 mile minimum for controlled intersection. Shorter allowed for right-in, right-out. Public square, courtyard, alley and lane cannot intersect thruway see comment Avenue Parkway Route ,000 7,000 7,000 1 lane, one-way, see comment 220 feet/660 feet, sheet note 6 not allowed T3, T4, T5, T6 districts 2 or more, see comment 300 feet/660 feet not allowed T3, T4, T5, T6 districts T1 & T feet/660 feet not allowed 125 feet/660 feet not allowed Driveway access none allowed limited limited allowed On-street parking Pedestrian facilities Curb to sidewalk clearance (parkway width) see comment see comment see comment parallel or head in 5 feet minimum conc sidewalk access side only 3 feet minimum sheet note 1. parallel or head in 10 feet minimum conc sidewalk, both sides 3 feet minimum sheet note 1. parallel or head in 8 feet minimum conc sidewalk, both sides 3 feet minimum sheet note 1. not allowed use bicycle path 8 feet minimum, maximum so as not to discourage use of trail. Bicycle facilities see shared 4 feet 4 feet 12 feet 139

140 Type Roadside drainage Lane widths to face of curb, sheet note 3 Curb return radius Comment TND Roadway Design Criteria travel lane adjacent to curb travel lane not adjacent to curb Parking parallel Parking heading Thruway comment see comment see comment see comment see comment see comment Frontage Road stand-up curb and gutter Avenue Parkway Route bike lane exclusive of gutter or 10 feet separated path, concrete or asphalt stand-up curb and gutter bike lane exclusive of gutter or 10 feet separated path, concrete or asphalt stand-up curb and gutter, may be pitched to drain to one side only conc or asphalt separated path open swale 11 feet 13 feet 13 feet 11 feet 10 feet 12 feet 12 feet 10 feet 7 feet 8 feet 8 feet angled 45, 16 feet see comment Median between main Design of roadway thruway not and governed by frontage this at least 15 regulation. feet not more than 35 feet. angled 45, 18 feet angled 45, 18 feet not allowed not allowed 10 feet 20 feet 20 feet 25 feet Median at least 25 feet not more than 60 feet Sheet Notes: 1. T4 and higher may use 10 feet minimum conc sidewalk with zero curb to walk clearance and 5 by 5 tree planters at maximum 40 feet spacing. 2. In T3 zone tree planters may be placed in the parking lane. 3. Minimum total pavement width shall be 20 feet on any roadway except alleys. 4. Normal measurement is from centerline of right-of-way. Exception, when other streets intersect an avenue, or divided roadway (parkway, public square and courtyard) the intersection spacing shall be measured to the centerline of the nearest travel lane of the divided roadway not to the centerline of the right-of-way. 5. Pavement width of alley shall be modified to provide passing opportunities consisting of 20 feet by 40 feet paved 140

141 Type TND Roadway Design Criteria Thruway Frontage Road Avenue Parkway Route area to occur at least each 300 feet or once on every reach that is not visible from a higher capacity roadways at both ends of the reach. 6. Separation of entry and exit of frontage road from other intersections will follow the minimum intersection spacing requirements of the intersected street, except where entry or exit is restricted by design elements to permit a right turn only then the distance from the edge of the nearest through lane of a second intersecting street upstream of the frontage road intersection to the edge of the frontage road may be a minimum of 40 feet. 7. Each intersection onto a public square shall have a splitter island or other control to discourage wrong way entry to the public square. TND Roadway Design Criteria Type Public Square Street Lane Courtyard Alley Design speed Maximum ADT 7,000 2, T-zones applicable to T3, T4, T5, T6 districts Number of lanes 1 or 2 Intersection spacing, block length min/max. sheet note 4 Dead end alignment maximum length 300 feet. sheet note 7 not allowed T3, T4, T5, T6 districts 2 or 1 for oneway T3, T4 T3, T4 1 lane two-way operation 1 lane each way divided by median, see comment 125 feet/660 feet 125 feet/660 feet 125 feet/660 feet allowed, 600 feet max. min 75 feet cul-de-sac diameter not allowed allowed, 150 feet max T3, T4, T5, T6 districts 1 lane twoway operation 125 feet/660 feet not allowed Driveway access not allowed allowed allowed allowed allowed On-street parking Pedestrian facilities Curb to sidewalk clearance (parkway width) parallel or head in 5 feet in T3, 8 feet elsewhere. Required on outside only 3 feet minimum sheet note 1. parallel or head in sheet note 2 5 feet minimum conc sidewalk, both sides 3 feet minimum sheet note 1. parallel only sheet note 2 5 feet minimum conc sidewalk, both sides parallel or head in 5 feet minimum conc sidewalk, both sides 3 feet minimum 3 feet minimum design garage setbacks to discourage parking in alley ROW no separate facility not applicable Bicycle facilities shared shared shared shared shared Roadside drainage stand-up curb and gutter, may be pitched to drain to one side only stand-up curb and gutter stand-up curb and gutter stand-up curb and gutter, may be pitched to drain to one side only none - graded like sidewalk, or center swale with inlets Lane widths to face travel lane 13 feet 11 feet 11 feet 11 feet, 20 feet at Single lane 141

142 TND Roadway Design Criteria Type Public Square Street Lane Courtyard Alley of curb, sheet note 3 Curb return radius Comment adjacent to curb travel lane not adjacent to curb 12 feet 10 feet 10 feet turn around 10 feet, 20 feet at turn around at 12 feet. sheet note 5 none Parking parallel 8 feet 7 feet 7 feet 7 feet not allowed Parking heading angled 45, 18 feet 10 feet, see comment 1. Median at least 40 feet not more than 75 feet 2. Curb return 20 feet when intersecting a one way street or a street with no parking on near side angled 45, 18 feet 10 feet, see comment 1. Curb return 20 feet when intersecting a one way street or a street with no parking on near side not allowed 10 feet, see comment 1. Curb return 20 feet when intersecting a one way street or a street with no parking on near side angled 45, 18 feet 10 feet, see comment 1. Median at least 22 feet but not more than 60 feet. 2. Curb return 20 feet when intersecting a one way street or a street with no parking on near side at 90, 27 feet deep 10 feet, see comment 25 feet at alley to alley intersections Sheet Notes: 1. T4 and higher may use 10 feet minimum conc sidewalk with zero curb to walk clearance and 5 by 5 tree planters at maximum 40 feet spacing. 2. In T3 zone tree planters may be placed in the parking lane. 3. Minimum total pavement width shall be 20 feet on any roadway except alleys. 4. Normal measurement is from centerline of right-of-way. Exception, when other streets intersect an avenue, or divided roadway (parkway, public square and courtyard) the intersection spacing shall be measured to the centerline of the nearest travel lane of the divided roadway not to the centerline of the right-of-way. 5. Pavement width of alley shall be modified to provide passing opportunities consisting of 20 feet by 40 feet paved area to occur at least each 300 feet or once on every reach that is not visible from a higher capacity roadways at both ends of the reach. 6. Separation of entry and exit of frontage road from other intersections will follow the minimum intersection spacing requirements of the intersected street, except where entry or exit is restricted by design elements to permit a right turn only then the distance from the edge of the nearest through lane of a second intersecting street upstream of the frontage road intersection to the edge of the frontage road may be a minimum of 40 feet. 7. Each intersection onto a public square shall have a splitter island or other control to discourage wrong way entry to the public square. The provisions of appendixes B D to Ord. No. O are hereby adopted by reference as if set out in this section at length. (Ord. No. O-23-10, 1, ) Editor's note Ord. No. O-23-10, 1, Apr. 29, 2010, repealed the former and enacted a new as set out herein. The former pertained to TND traditional neighborhood design district and derived from Code 1988, ; Ord. No. O-9-01, 1, ; Ord. No. O-29-06, 1,

143 Cross reference Definitions generally, 1-2. Sec B-P Planned business park district. A. Generally. The purpose of the B-P planned business park district is to allow a mix of primarily office, research and light industrial uses with limited retail and service uses in a planned business park setting. The district is a planned zoning district with a minimum area of ten acres, designed to provide for moderate density, high quality development with attractive buildings, increased amenities and open space. In appropriate situations, B-P planned business park zoning may be located adjacent to residential uses. This section applies to the B-P planned business park district. B. Permitted uses. Occupancies of buildings and uses of land in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow: 1. Any use permitted in the CP-1 planned limited business district except dwellings, under the parking and basic landscaping requirements of that district. 2. Manufacturing, processing, fabrication, assembling, disassembling, packaging, repairing, cleaning, servicing or testing any commodity except those permitted only in the M-3 heavy industrial district and those listed in section (b)(5). 3. Warehousing or wholesaling of any commodity except those permitted only in the M-3 heavy industrial district. 4. Public and private utility facilities. 5. Business services such as testing, photo processing, equipment rental, leasing, employment agencies, place of assembly, printing, exterminating, custom maintenance and delivery services. 6. General and special trades contractors. 7. Sales of building materials, contractor's equipment, furniture, office hotel and restaurant supplies, machines, metals. C. Performance and design standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards: 1. All operations shall be conducted within a fully enclosed building. 2. All storage of materials, products or equipment (beyond customary building mechanical systems) shall be within a fully enclosed building unless otherwise approved by the planning commission. In such a case, outside storage areas for other than operable vehicles shall be limited to an area no greater than ten percent of the enclosed floor area of the use, shall not include storage of junk or salvage and shall be so screened that the contents are not visible at eye level within 100 feet of the property line. Semitrailers not coupled with tractors shall be included in this area limitation. 3. No noise, odors, vibration, or other impacts shall be discernible off the premises of the building. 4. Applicants for this district must include only land that is under unified control or under contract for sale that will provide unified control. 5. The preliminary and final plans shall include a coordinated architectural design for buildings, site improvements and landscaping. 6. Buildings are required to exhibit an attractive appearance especially toward the street and any nearby residential areas. Typically, such an attractive appearance would be characterized by significant use of glass, masonry, and other high quality finish materials and designs with significant offsets and articulation. 143

144 D. Height and area standards. All buildings and other uses of land shall conform to the following minimum standards: 1. Height. a. Not more than 50 feet. b. Not more than 100 feet for structures other than buildings, but must be set back from the property line a distance equal to the height of the structure. 2. Setback from property lines. a. From residentially zoned or developed property or property having a residential designation on the land use plan, the minimum building setback is 50 feet and the minimum setback for parking, loading, and other paved areas is 25 feet. b. From the perimeter of the business park the minimum building setback is 40 feet and the minimum setback for parking, loading, and other paved areas is ten feet. c. Elsewhere, the minimum building setback is 25 feet and the minimum setback for parking, loading and other paved areas is six feet. d. For additional standards and information, see DIVISION 8 of this article. E. Parking standards. Uses in this district require paved off-street parking at a ratio necessary to serve the employees, visitors, customers and others who may be on the premises. The ratio will vary among occupants and will be determined by the director of planning and zoning after receipt of a summary of parking needs and characteristics prepared by the owner or initial occupant. In no case, however, shall less than one space for each 500 square feet of building floor area be provided for buildings of up to 20,000 square feet. For buildings larger than 20,000 square feet, only one space for each 1,000 square feet needs to be provided for building increments between 20,000 and 50,000 square feet. For buildings larger than 50,000 square feet, the parking required for increments over 50,000 square feet will be determined by the director of planning and zoning. Where questions arise concerning increments over 50,000 square feet, the unified government board of commissioners shall make the final determination upon recommendation of the planning commission. Commercial uses shall provide parking as would be required in the C-1 district unless otherwise approved. For additional standards and information, see DIVISION 9 of this article. F. Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building and one detached sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article. G. Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district with emphasis being placed on screening or otherwise softening the visual impact of unsightly areas and enhancing the overall appearance. Such features shall be depicted on a properly prepared plan. Trees are required to be provided at not less than one per 8,000 square feet of site area. Six-foot high architectural screening in combination with a 25-foot buffer area is to be provided along side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see DIVISION 10 of this article. H. Building conversion. No building that was designed and constructed as a residential building shall be converted to a nonresidential use in this district. (Code 1988, ; Ord. No. O-9-01, 2, ) Secs Reserved. DIVISION 5 - OVERLAY DISTRICTS 144

145 Subdivision I - In General Sec Purpose. Certain natural conditions, historical conditions, capital improvements or development pressures present opportunities or pose problems which involve a special public interest, but do not coincide with traditional zoning district boundaries, although they apply to specific geographic areas. An overlay zoning district can be useful in such situations. An overlay zone is a mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay district is established, the property is placed simultaneously in the two zones, and the land may be developed or utilized only under the conditions and requirements of both zones. This division consists of overlay zoning districts as required to serve the public health, safety and general welfare. (Code 1988, ; Ord. No , 1(27-55), ) Secs Reserved. Subdivision II - Mission Road Area Design Review Overlay District Sec Purpose and authority. The 47th and Mission Road area design review overlay district is established by this part, enacted to implement the goals and policies of the 47th and Mission Road Area Concept Plan, adopted by the cities of Westwood, Roeland Park, and the unified government. The 47th and Mission Road Area Concept Plan was drafted pursuant to the Interlocal Cooperation Act, K.S.A and (c), and the interlocal agreement between the Cities of Roeland Park, Westwood, and the unified government (collectively "jurisdictions"). This subdivisions translates the relevant portion of the plan within the boundaries of the unified government into the zoning ordinance, in addition to all current regulations. This subdivision will accompany a similar ordinance adopted by each jurisdiction to ensure consistent implementation of the 47th and Mission Road Area Concept Plan. In addition, this subdivision establishes the 47th and Mission Road area development and management committee as a multijurisdictional body to assist in implementation of the plan. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Applicability. A. Property. 1. This subdivision shall apply to all property within the unified government and within the 47th and Mission Road area design review overlay district as described in exhibit A attached to Ord. No. O The official zoning map of the unified government is hereby amended to reflect the 47th and Mission Road area design review overlay district. 2. The standards in this part shall apply to all property currently or subsequently zoned for commercial or multifamily use. 3. Any property zoned for single-family residential use is included within this overlay to indicate neighborhood areas to be protected by buffers and design enhancements established in this part for commercial or multifamily use. In addition, to further protect existing neighborhoods, any property currently zoned for single-family residential use that is subsequently rezoned to multifamily or commercial uses, must satisfy all design standards in this part. 145

146 B. Type of development. These standards shall be applied to new development, redevelopment, or exterior modifications that significantly alter the appearance of a building or site within the overlay district including, but not limited to, building additions, facade improvements, or landscaping improvements. Only those standards required by this subdivision and directly related to proposed development, redevelopment, or exterior modification shall be applied. C. Other regulations. Within the overlay district, all the unified government ordinances, policies, regulations, and plans shall apply. Where conflicts occur regarding development standards in this subdivision, the standards established in this subdivision shall supersede those in the conflicting ordinance, policy, regulation, or plan. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Definitions. For the purposes of this subdivision, the following terms and phrases shall have the meaning given in this section. All other terms and phrases shall use definitions given in unified government ordinances or other codes, unless context indicates that a standard dictionary definition is more appropriate. Terms and phrases not defined in this section or by any unified government code shall have the standard dictionary definition. Adjacent lot means a lot having a common boarder or endpoint with subject lot, or lots that would have a common boarder or endpoint in the absence of an existing right-of-way. Development means the construction of manmade structures on an improved or unimproved parcel of land. Distinctly different hours of operation means uses with hours of operation where 50 percent or more of one use's hours of operation, including peak hours or operation based on a parking demand study, are mutually exclusive of the hours of operation of the other uses which it proposes to share parking. Distinctly different peak hours of operation means the peak hours of operation, based on a parking demand study, of uses proposing to share parking are mutually exclusive. Established existing building line means a line created by three or more consecutive buildings that are licensed for occupancy and oriented in a consistently similar pattern in relation to the right-of-way. Deviations in the orientation of the buildings of 20 percent or less shall be rectified by averaging the distances. Deviations of more than 20 percent shall not be considered consistent. Exterior modification means any maintenance, improvement, construction, or re-construction, of a structure or site, or any portion of a structure or site, that will result in an apparent change visible from the right-of-way or adjacent property. Redevelopment means the reconstruction, enlargement, conversion, relocation of a manmade structure involving structural modifications. Significantly alter means any change to a structure or site that may potentially result in a comprehensive perceptible difference in the appearance of a specific physical element of a site, or the entire site. However, a proposed change that replaces site or structure elements consistent with the existing appearance will not prevent the change from being considered a significant alteration. (Code 1988, ; Ord. No. O-49-02, 1, ) Cross reference Definitions generally, 1-2 Sec Establishment of the committee. 146

147 A. Established. The 47th and Mission Road area development and management committee ("committee") is hereby established, effective upon the passage of a similar ordinance by each jurisdiction. The committee is established for the following purposes: 1. Implement objectives of 47th and Mission Road Area Concept Plan ("concept plan"), as adopted and amended by the jurisdictions; 2. Review development applications within the 47th and Mission Road area, as authorized by the jurisdictions through ordinances; 3. Make recommendations as to whether development applications are in compliance with the concept plan and all ordinances adopted by the jurisdictions to implement the plan; 4. Coordinate efforts for cooperation among the jurisdictions in planning and construction of public improvements within the 47th and Mission Road area to ensure that public improvements are in compliance with the concept plan and consistent among the jurisdictions; 5. Promote development within the 47th and Mission Road area corridor that is in compliance with the concept plan and all ordinances adopted by the jurisdictions to implement the plan, including business recruitment and business retention and redevelopment; 6. Coordinate with business owners for special events and promotions; 7. Work with neighborhood associations to achieve longterm goals of the concept plan; 8. Pursue grants to help with public funding and implementation of the concept plan. B. Appointment and terms. 1. The committee shall consist of nine members, three of which shall be appointed by each jurisdiction. 2. The mayor shall appoint three members to the committee, with the advice and consent of the unified government board of commissioners. 3. Of the three initial appointments, one shall be for one year, one shall be for two years, and one shall be for three years. 4. Upon the expiration of any initial appointment, successor appointments shall all be for a period of three years. 5. Committee members shall serve their full term, or until a successor is appointed. 6. Committee members may be appointed to more than one successive term. 7. Vacancies, by resignation, incapacitation, dismissal, or otherwise, shall be filled in the same manner as an initial term, and shall be for the duration of the vacated committee member's term. 8. Committee members may be dismissed for cause after a hearing before the unified government board of commissioners. C. Qualifications. 1. All committee members appointed by the mayor shall be residents of the county or a business owners or landowners in the unified government's o portion of the 47th and Mission Road area at all times during the committee members' terms. 2. Committee members may serve in any other elected or appointed position. 3. Committee members should have some demonstrated special qualifications that will enable them to fulfill the purposes of this subdivision. Such qualifications may include any of the following: a. Professional experience in a development profession such as planning, architecture, real estate development, or engineering; b. Business owner within the 47th and Mission Road area; 147

148 c. Experience in other elected or appointed municipal positions dealing with planning, zoning, or community development; d. Membership on a neighborhood association or committee within the 47th and Mission Road area; or e. Any other demonstrated civic involvement that will enable the committee member to understand and enhance the implementation of the 47th and Mission Road Area Concept Plan. D. Organization and procedures. 1. The committee is authorized to adopt bylaws for conducting its business, consistent with the purposes and authority granted by this part. 2. All applicants for development approvals within the unified government's portion of the 47th and Mission Road area shall submit two additional sets of applications to unified government or other designated contact. The planning department or other designated contact shall forward these additional applications to the secretary of the committee for review. 3. All applications received by the secretary prior to two weeks in advance of the next regularly scheduled committee meetings, shall be placed on the committee's agenda for discussion. Any applicant who submits applications more than one month prior to the next regular committee meeting may make a request to the chairperson of the committee that a special meeting be called to hear the application. 4. Applications placed on the committee agenda shall be discussed for compliance with the 47th and Mission Road Area Concept Plan, and the standards of this part. 5. The applicant may appear, or otherwise be represented at the committee meeting, and shall be given the opportunity to discuss the application before the committee. 6. After discussion of an application, the committee shall make a recommendation to the planning commission, or board of zoning appeals, as the case may be, on the application's compliance with the 47th and Mission Road Area Concept Plan, and the standards of this part. 7. The committee may continue an application once after discussion if the committee feels it has received incomplete information or it needs more information to make a recommendation. However, any such continuance must be reheard before the committee within one month, whether at a special meeting or regular meeting, unless the applicant agrees on the record to a greater duration. Additionally, the applicant may elect to proceed to the planning commission or board of zoning appeals, as the case may be, upon the understanding that the application will automatically carry a "recommendation to deny due to incomplete application" from the committee. If an application continued by the committee is not reheard before the committee within one month of the original hearing, and the applicant has not agreed on the record to a greater duration, the application shall be deemed to have a recommendation of approval from the committee, and shall proceed to the planning commission or board of zoning appeals. 8. To assist the committee in its duties, the planning department, other staff, or appointed consultants shall prepare a staff report on each application within the 47th and Mission Road area specifically addressing the application's compliance with the 47th and Mission Road Area Concept Plan, and the standards of this part. The staff report shall be submitted to the secretary of the committee at least five business days before the scheduled committee meeting. 9. The committee may use funds designated by any jurisdiction or awarded by any local, state, or federal grant, to retain staff members or consultants to review applications or otherwise assist in implementing the 47th and Mission Road Area Concept Plan. 148

149 10. All committee meetings shall be open to the public, with notice published and records kept in accordance with the laws of the state. The secretary of the committee shall be the custodian of records for the committee. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Uses. A. Underlying zoning uses. The uses allowed in the 47th and Mission Road Area Design Review Overlay District shall be those uses allowed by the current or any future underlying zoning classification, provided that all future development and redevelopment meets the standards established in this part. Any future rezoning shall be to a use district consistent with the 47th and Mission Road Area Concept Plan. B. Overlay uses. In addition to those uses allowed by the underlying zoning, all property zoned for commercial use within the 47th and Mission Road Village area, as described in the attached exhibit A, shall be allowed residential uses as a supplemental use, subject to the following: 1. No property with an underlying zone for commercial use may have residential uses on the ground floor or at street level. 2. No structures with supplemental residential uses may exceed 40 feet in height or 3½ stories, whichever is less. 3. All structures with supplemental residential uses, whether new or existing at the time of adoption of this part, must comply with all other standards established in this part, in order to be eligible for supplemental residential uses. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Commercial site design standards. Commercial site design in the 47th and Mission Road area shall conform to the principles outlined in the 47th and Mission Road Concept Plan. The following design standards implement and shall be interpreted consistent with the plan. 1. Building placement a. Front setback. All new buildings shall be built to the right-of-way line, except as provided in subsection g of this section. b. Side setbacks. The minimum side setbacks shall be: 1. Zero feet, provided each sidewall of all buildings on the zero-foot side are constructed with a fire wall; 2. Five feet, if a firewall is not provided; 3. Property abutting residential districts, shall have a side setback equivalent to that of the abutting residential district. In this case, the side setback area shall be used to provide a buffer according to subsection (5) of this section. c. Rear setback. Minimum rear setbacks shall be 15 feet except that property with a rear lot line abutting a residential district shall have a setback equivalent to the residential district. In such case, the rear setback shall be used to provide a buffer according to subsection (5) of this section. d. Continuous building frontage. Building facades on the street frontage should be maximized to provide continuous corridors within the overlay district. All lot frontages should be occupied by building frontages except for entrance drives or alleys to rear parking, courtyards or patios, or any side parking. In the case of courtyards and patios, or side parking, the appearance of a continuous building frontage shall be 149

150 maintained by a 2½ to four-foot fence or wall constructed out of the same material as the building facade, or by a continuous landscape element impenetrable by pedestrians. In all cases, at least 60 percent of the lot frontage shall be occupied by a building facade. e. Main entrance. The main entrance of all buildings shall be oriented to the street. In the case of corner lots, a building may have one entrance on each street or may have one corner entrance. f. Building area. In addition to meeting all site requirements for landscaping, parking, and building setbacks, no building shall occupy more than 75 percent of the total lot area. g. Exception. Buildings on commercial lots outside the village area described in the attached exhibit A may be set back from the right-of-way line. In no case shall a front building setback exceed 80 feet. Any parking facilities in front of buildings shall be setback a minimum of ten feet from the right-of-way line. 2. Site access. a. Pedestrian access. All buildings shall have a continuous sidewalk along the frontage of the lot. The sidewalk shall be a minimum of ten feet wide, except as provided in subsection (2)d of this section. b. Vehicle access. Curb cuts in the 47th and Mission Road area should be minimized. Wherever possible, adjacent properties should minimize curb cuts by use of shared parking or shared access to separate parking lots. c. Connections. Continuous pedestrian connections shall be provided through all parking lots and between parking lots and store front sidewalks. These pedestrian connections shall primarily be pedestrian-only sidewalks, but may include crosswalks across parking lot drive aisles and driveways where necessary. The following design elements shall be used to maintain pedestrian connections and minimize conflicts with vehicles: 1. Alleys, driveways, and parking lot drive aisles shall not exceed 24 feet for two-way access or 12 feet for one-way access. 2. "Bulb outs" for pedestrian-only travel should be used to minimize the distance of pedestrian walkways across driveways, alleys, parking lots, or other vehicle accessways. 3. All pedestrian walkways across driveways, alleys, parking lots, or other vehicle accessways shall be distinguished from the vehicle accessway by a visually identifiable path or distinctly textured surface. d. Exception. Pedestrian access on commercial lots outside the village area in the attached exhibit A may be provided by smaller sidewalks, but shall meet the minimum accessibility standards of the Americans with Disabilities Act across the front of all lots. Additional pedestrian access may be provided as the site allows or may be provided on private property. If the building is setback from the right-of-way line, an additional pedestrian sidewalk, at least eight feet wide, shall be provided across the front of the building and connected to the sidewalk at the lot frontage as provided in subsection (2)c of this section. 3. Parking. a. Required parking. The parking required for uses in the overlay district shall be established by the applicable standards for the underlying zoning ordinance. However, parking shall not cover more than 50 percent of the lot area. b. Location. Parking shall be provided primarily behind buildings in the village area, however up to 50 percent of the required parking may be provided to the side of a building. No off-street parking shall be provided in front of the building line in the village area. Parking on commercial lots outside the village area should be located primarily behind the building, but may be located on the side or in front of the building. c. Shared parking. Parking requirements in the overlay district may be met through shared parking according to the following conditions and standards: 150

151 1. A written agreement for the joint use of parking facilities shall be executed by the parties, approved by unified government and recorded with the register of deeds for any county in which property subject to the agreement is situated. The agreement shall include any necessary cross access easements among property owners. 2. Parking requirements are cumulative except that parking may be shared, at the sole discretion of unified government according to the following standards: i. When two or more uses located on the same or adjacent lot have distinctly different hours of operation (e.g., commercial office and residential, or church and school), 100 percent of the required parking may be shared. Required parking shall be based on the use that demands the greatest amount of parking per the underlying ordinance requirement. ii. iii. When two or more uses located on the same or adjacent lot have distinctly different peak hours of operation (e.g., office and restaurant/entertainment), 50 percent of the required parking spaces may be shared among the uses. Shared parking shall not be allowed if the parking spaces are more than 700 feet from the main entrance of the building. 3. Direct pedestrian access, meeting the requirements of subsection (2)c of this section, shall be provided between any shared parking and the main entrance of any building proposing to share parking. 4. Applicant's for shared parking shall submit a statement indicating the ability of the proposed shared parking arrangement to meet the demands of all uses involved. The statement shall include hours of operation, hours of peak operation, forecasted demand, and other data indicating the appropriateness of shared parking. 5. Any change of use or other change causing violation of the shared parking agreement or these standards shall invalidate the shared parking eligibility and the parking requirements of the underlying zoning ordinance shall be met. d. On-street parking. Any on-street parking, authorized by unified government and within 300 feet of the lot, may be credited towards the on-site parking requirements at a rate of one on-site parking space credit for every four on-street parking spaces. A maximum of 50 percent of the required parking may be satisfied by on-street parking credits. On street parking spaces may be counted by more than one user in meeting this requirement. e. Bicycle parking. Bicycle parking facilities are encouraged. Any bicycle parking spaces provided within 100 feet of the main entrance of a building may be credited towards the on-site parking requirements at a rate of one parking credit for every five bicycle parking spaces. A maximum of ten percent of the required parking may be satisfied by the bicycle parking credit. f. Landscape elements. Parking lots larger than 20 spaces shall incorporate at least one internal landscape island into the lot design. Landscape islands shall be at least ten percent of the parking lot area. Each required landscape island shall be a minimum of 20 square feet and a maximum of 500 square feet. Landscape islands shall maintain a minimum five-foot width at all times. Landscape islands shall be planted with landscape elements consistent with subsection (5) of this section. Landscape elements along the perimeter of a parking lot shall not count towards the landscape island requirement. g. Lighting. Exterior lighting on commercial properties shall be designed and maintained as to not cast obtrusive glare onto sidewalks, streets, or property used for single-family residences. 4. Architecture features. 151

152 a. Enhanced entrances. All main entrances shall be enhanced by architectural details. Such details may include recessed or slightly protruding entrances, building material variations, color variations, or artistic elements and other special treatments. b. Windows. All buildings shall be predominantly transparent at the street level with a minimum of 40 percent and a maximum of 80 percent of the facade occupied by windows. Upper levels may be less transparent with a minimum of 25 percent of the facade occupied by windows. c. Building materials. The preferred building material in the overlay district is masonry, including brick or stone. Commercial grade materials should only be incorporated into the building as accent features. d. Colors. Primary building colors should be earth tones. Trim or other specialty features should compliment the material and color of the building. Brighter or more dramatic color applications may be provided on doors, windows, awnings, and signs. e. Awnings and canopies. Awnings or canopies are encouraged on facades to provide weather protection and shade to pedestrians, and to add visual appeal to the 47th and Mission Road area. Awnings and canopies may project into the building setback or right-of-way provided they are a minimum of 7½ feet above grade. Any awnings provided shall be fabric and shall not be back-lit. Permanent canopies may be constructed if designed as an integral part of the structure. All awnings or canopies on a single block shall be hung at the same height above finished grade. f. Facade lighting. Facade lighting is encouraged within the overlay district. Facade lighting may be used to highlight architectural features of a building, provide secondary light to the pedestrian zone, or to enhance visibility of signs. Facade lighting shall be shielded so that the light source is applied to the building and does not provide any direct light or glare on sidewalks or streets. g. Proportion. Deviations in building heights of greater than one story or 15 feet, whichever is less, shall be prohibited between adjacent buildings. Three-story buildings or buildings between 35 and 40 feet shall only be allowed at the intersections of streets, unless the entire block is constructed of buildings of the same height. No buildings shall exceed 40 feet in height. h. Roofs. Flat and pitched roofs are allowed. Flat roofs shall incorporate a roof-screening element such as a parapet or pediment as part of the building design. Pitched roofs shall not have a reflective finish and shall have a color complementary to the building color and design. 5. Landscape requirements and screening. a. Residential buffers. All commercial uses shall provide a landscape buffer from any single-family uses. The landscape buffer shall be of a density to provide an all-season visual screen from the single-family property. Treatments may include a combination of earth-berms, masonry walls or privacy fences, and tree, bush and shrub plantings. The buffer shall be a minimum of ten feet in width. b. Landscape materials. All private landscape materials shall be consistent with the standards for public landscape improvements in the 47th and Mission Road area, and be consistent with the 47th and Mission Road Area Concept Plan. c. Screening. Specialty equipment such as antennas, satellite dishes, trash and recycling containers, meter and utility boxes and HVAC equipment shall be screened from direct view from streets, sidewalks, and other areas of regular public access. Ground-mounted equipment shall be screened from view with yearround landscape coverage or masonry wall enclosure consistent with the main building material. Roofmounted equipment shall be placed far enough from the roof edge, or shall be screened with architectural elements incorporated into the design of the building, so as to not be seen from the sidewalk across any adjacent street. 6. Signs. The following signs are allowed in the overlay district: 152

153 a. Facade sign. One facade sign shall be allowed per building tenant, identifying the business or tenant. However, no more than ten percent of a building facade may be occupied by facade signs. b. Pedestrian signs. One pedestrian sign shall be allowed per building tenant, identifying the business of the tenant. Pedestrian signs may be suspended from canopies or awnings, or affixed perpendicular to a building. Pedestrian signs shall not be lower than seven feet, six inches from grade level and shall not exceed ten square feet. Building-affixed pedestrian signs shall not protrude more than three feet from the building surface. c. Monuments signs. Each building shall be allowed one monument sign no greater than four feet in height and no larger than 40 square feet in area. Where a building has multiple tenants, only one monument sign shall be allowed which may identify the multiple tenants. No monument sign shall obscure any vehicle or pedestrian sight lines or obstruct pedestrian and vehicle movement. Monument signs shall be constructed of the same material as the primary building material, or with materials consistent with the public streetscape elements. Illumination of all signs should only be by external illumination. Internal sign illumination and back-lit signs are strongly discouraged. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Multifamily site design standards. All multifamily site design shall conform to the principles outlined in the 47th and Mission Road Concept Plan. All new freestanding multifamily development within the zoning overlay shall consist of townhouses or senior housing and include the following development standards. Multifamily residential units are allowed as mixeduse development in the village area described in the attached exhibit A, according to section (b). 1. Building placement. a. Front setback. All new buildings shall have a minimum front setback of ten feet and a maximum front setback of 20 feet from the right-of-way line. However, in the event that an established existing building line on an adjacent lot on the same side of a block, in no case shall the front setback be more than ten feet closer to the right-of-way line, than the established existing building line. Covered front porches or uncovered stoops may encroach up to five feet into the minimum front setback. b. Side setbacks. The minimum side setbacks shall be: 1. Zero feet, provided each sidewall of all buildings on the zero-foot side are constructed with a fire wall. No more than six side by side units may be constructed without a separation between buildings. 2. Otherwise, a minimum ten-foot side setback or a minimum 20-foot building separation is required. 3. Property abutting single-family residential districts, shall have a side setback equivalent to that of the abutting single-family residential district. In this case, the side setback area shall be used to provide a buffer according to subsection (5) of this section. c. Rear setback. Minimum rear setbacks shall be 20 feet except that property with a rear lot line abutting a single-family residential district shall have a setback equivalent to the single-family residential district. In such case, the rear setback shall be used to provide a buffer according to subsection (5) of this section. d. Main entrance. The main entrance of all buildings shall be oriented to the street. This requirement may be satisfied by a main entrance of each unit opening onto the street, or a common entrance of each unit opening onto the street. All main entrances shall be directly connected to the sidewalk with pedestrian access. All individual dwelling units shall have frontage on the street, whether through windows, balconies, or a direct entrance into the units. e. Density. Residential density shall be established by the underlying zoning ordinance. 153

154 e. Building area. In addition to meeting all site requirements for landscaping, parking, and building setbacks, no building shall occupy more than 60 percent of the total lot area. f. Building height. Buildings are limited to 3½ stories or 40 feet, whichever is less. 2. Site access. a. Pedestrian access. All buildings shall have a continuous sidewalk along the frontage of the lot. The sidewalk shall be a minimum of five feet wide. b. Vehicle access. Curb cuts in the 47th and Mission Road area should be minimized. Wherever possible, multifamily residential lots should be accessed by a rear alley. 3. Parking. Parking requirements shall be according to the underlying zoning ordinance. However, no parking or vehicle storage entrances shall be provided on the front of any building. In addition, no more than 25 percent of a lot area shall be dedicated to surface parking. 4. Architectural features. a. Enhanced entrances. All main entrances shall be enhanced by architectural details. Such details may include recessed or slightly protruding entrances, building material variations, color variations, or artistic elements and other special treatments. b. Building materials. The preferred building material in the overlay district is masonry, including brick or stone. Commercial grade materials should only be incorporated into the building as accent features. c. Colors. Primary building colors should be earth tones. Trim or other specialty features should compliment the material and color of the building. Brighter or more dramatic color applications may be provided on doors, windows, awnings, and signs. d. Roofs. Pitched roofs are required, which shall not have a reflective finish and shall have a color complementary to the building color and design. 5. Landscape and screening. a. Residential buffers. All multifamily uses shall provide a landscape buffer from any single-family uses. The landscape buffer shall be of a density to provide an all-season visual screen from the single-family property. Treatments may include a combination of earth-berms, masonry walls or privacy fences, and tree, bush and shrub plantings. The buffer shall be a minimum of ten feet in width. b. Landscape materials. All private landscape materials shall be consistent with the standards for public landscape improvements in the 47th and Mission Road Area, and be consistent with the 47th and Mission Road Area Concept Plan. c. Screening. Specialty equipment such as antennas, satellite dishes, trash and recycling containers, meter and utility boxes and HVAC equipment shall be screened from direct view from streets, sidewalks, and other areas of regular public access. Ground-mounted equipment shall be screened from view with yearround landscape coverage or masonry wall enclosure consistent with the main building material. Roofmounted equipment shall be placed far enough from the roof edge or shall be screened with architectural elements incorporated into the design of the building so as to not be seen from the sidewalk across any adjacent street. (Code 1988, ; Ord. No. O-49-02, 1, ) Sec Public improvements. 154

155 Prior to placement of any public improvements on the capital improvements program, or construction of public improvements within the 47th and Mission Road Area Design Review Overlay District, the unified government shall send notice of the intent to construct public improvements to the secretary of the committee, and to each jurisdiction. Notice to the jurisdictions shall be sent in the same manner as an application for development within the district for that jurisdiction. This notice shall provide the opportunity for the committee and the jurisdictions to coordinate for construction of public improvements consistent with the 47th and Mission Road Area Concept Plan and Streetscape Design Concept Plans. (Code 1988, ; Code 1988, ; Ord. No. O-49-02, 1, ) Secs Reserved. Subdivision III - Floodplain District [10] Footnotes: --- (10) --- Editor's note Ord. No. O-41-15, 1, adopted July 30, 2015, amended the Code by repealing former Subd. III, , and enacted a new Subd. III that implemented the modified flood hazard determinations (FHDs) affecting the flood insurance rate maps (FIRM) panels. The new panels will be effective as of September 2, The former Subd. III pertained to similar subject matter and derived from Ord. No. O , adopted Feb. 6, Sec Definitions. Unless specifically defined below, words or phrases used in this floodplain district subdivision shall be interpreted so as to give them the same meaning they have in common usage and to give this subdivision its most reasonable application. 100-year flood see "base flood." Accessory structure means the same as "appurtenant structure." Actuarial rates see "risk premium rates." Administrator means the Federal Insurance Administrator. Agency means the Federal Emergency Management Agency (FEMA). Agriculture accessory structure for the purpose of this article, agriculture accessory structure is defined as farm storage structure(s) used exclusively for the storage of farm machinery and equipment (e.g., pole and prefabricated metal frame structures with open or closed sides). Grain bins and corn cribs. General purpose barns for the temporary feeding of livestock, provided they remain open on at least one side. Appeal means a request for review of the floodplain administrator's interpretation of any provision of this article or a request for a variance. Appurtenant structure means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure. Area of shallow flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 155

156 Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) The elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate Map (FIRM) for zones AE, AH, A1 A30, AR, AR/A, AR/AE, AR/A1 A30, AR/AH, AR/AO, V1 V30, and VE. Basement means any area of the structure having its floor subgrade (below ground level) on all sides. Building see "structure." Chief engineer means the chief engineer of the division of water resources, Kansas Department of Agriculture. Chief executive officer or chief elected official means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community. Community means any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. Community rating system (CRS) A program developed by FEMA to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Development does not include: a.) maintenance of existing buildings or facilities, such as re-roofing, re-siding, or resurfacing of roads when there is no increase in the building footprint ground or road surface elevation; b.) gardening, tilling, plowing or similar agricultural practices that do not involve filling, grading, terracing of land, or construction of levees. Elevated building means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Eligible community or participating community means a community for which the administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 156

157 Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1). Flood boundary and floodway map (FBFM) means an official map of a community on which the administrator has delineated both special flood hazard areas and the designated regulatory floodway. Flood elevation determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. Flood elevation study means an examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations. Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood. Flood hazard boundary map (FHBM) means an official map of a community, issued by the administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones. Flood hazard map means the document adopted by the governing body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features. Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see "flooding"). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents. Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps. 157

158 Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or floodresistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article. Manufactured home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Map means the flood hazard boundary map (FHBM), flood insurance rate map (FIRM), or the flood boundary and floodway map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA). Market value or fair market value means an estimate of what is fair, economic, just and equitable value under normal local market conditions. Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures. 158

159 New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community. NFIP means the National Flood Insurance Program. Participating community also known as an "eligible community", means a community in which the administrator has authorized the sale of flood insurance. Permit means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or federal authorities. Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local governments and agencies. Pre-FIRM building means a building for which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map (FIRM). Post-FIRM building means a building for which construction or substantial improvement occurred after December 31, 1974, or on or after the effective date of an initial flood insurance rate map (FIRM), whichever is later. Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Recreational vehicle means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Remedy a violation means to bring the structure or other development into compliance with federal, state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance. Risk premium rates means those rates established by the administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. Special flood hazard area see "area of special flood hazard." Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH. 159

160 Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State coordinating agency means the Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the national flood insurance program (NFIP) in that state. Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. For the purpose of this article, the term building or structure does not include open pavilions, bleachers, carports, and similar structures that do not have al least two rigid walls and a roof. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community. Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain riverine areas. 160

161 (Ord. No. O-41-15, 1, ) Sec Statutory authorization, findings of fact, and purposes. A. Statutory authorization. 1. Approval of draft ordinance by the state 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, December 30, Kansas statutory authorization. The legislature of the State of Kansas in K.S.A et seq., and specifically in K.S.A , delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. B. Findings of fact. 1. Flood losses resulting from periodic inundation. The special flood hazard areas in the city 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. 2. General causes of the flood losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. 3. Methods used to analyze flood hazards. The flood insurance study (FIS) that is the basis of this subdivision 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. The base flood selected for this subdivision is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this subdivision. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one year as delineated on the federal insurance administrator's FIS, and illustrative materials dated September 2, 2015 as amended, and any future revisions thereto. 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. 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. e. Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. C. Statement of purpose. It is the purpose of this subdivision to promote the public health, safety, and general welfare; to minimize those losses described in subsection b(1); to establish or maintain the city's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R by applying the provisions of this subdivision to: 1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities; 161

162 2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and 3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. (Ord. No. O-41-15, 1, ) Sec General provisions. A. Lands to which this subdivision applies. This subdivision shall apply to all lands within the jurisdiction of the city identified as numbered and unnumbered A zones, AE, AO, and AH zones, on the index map dated September 2, 2015 of the flood insurance rate map (FIRM) as amended and any future revisions thereto. In all areas covered by this subdivision, no development shall be permitted except through the issuance of a floodplain development permit, granted by the unified government board of commissioners or its duly designated representative under such safeguards and restrictions as unified government board of commissioners or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in this subdivision. B. Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this subdivision and other applicable regulations. C. Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subdivision imposes greater restrictions, the provisions of this subdivision shall prevail. All other ordinances inconsistent with this subdivision are hereby repealed to the extent of the inconsistency only. D. Interpretation. In their interpretation and application, the provisions of this subdivision shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes. E. Warning: Disclaimer of liability. The degree of flood protection required by this subdivision is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This subdivision does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This subdivision shall not create a liability on the part of the unified government, any officer or employee thereof, for any flood damages that may result from reliance on this subdivision or any administrative decision lawfully made there under. F. Severability. If any section; clause; provision; or portion of this subdivision is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this subdivision shall not be affected thereby. (Ord. No. O-41-15, 1, ) Sec Administration. A. Floodplain development permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in , subsection (a). No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development. This permit may be incorporated into the regular building permit provided there is a check box indicating floodplain review is necessary and that 162

163 proper documentation of review is kept in the approval file and verified during post construction inspection by staff or a third party engineer or surveyor. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an indentified special flood hazard area (SFHA) or future conditions flood hazards area. B. Designation of floodplain administrator. The director of planning or his or her designate is hereby appointed to administer and implement the provisions of this subdivision. C. Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to: 1. Review of all applications for floodplain development permits and when necessary coordinate with the county engineer to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this subdivision have been satisfied; 2. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law; 3. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding; 4. Issue floodplain development permits for all approved applications; 5. Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); 6. Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse; and 7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; 8. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed; 9. When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a registered professional engineer or architect. D. Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall: 1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work; 2. Identify and describe the work to be covered by the floodplain development permit; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Indicate the assessed value of the structure and the fair market value88">market value of the improvement; 5. Specify whether development is located in designated flood fringe or floodway; 6. Identify the existing base flood elevation and the elevation of the proposed development; 7. Give such other information as reasonably may be required by the floodplain administrator; 8. Be accompanied by plans and specifications for proposed construction; and 163

164 9. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (Ord. No. O-41-15, 1, ) Sec Provisions for flood hazard reduction. A. General standards. 1. No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied. 2. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this subdivision. If flood insurance study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources. 3. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 4. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require: a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Construction with materials resistant to flood damage; c. Utilization of methods and practices that minimize flood damages; d. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; e. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and f. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that: 1. All such proposals are consistent with the need to minimize flood damage; 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided so as to reduce exposure to flood hazards; and 4. All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data. 5. Storage, material, and equipment. 164

165 a. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. b. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning. 6. Nonconforming uses. A structure, or the use of a structure or premises that was lawful before the passage or amendment of this subdivision, but which is not in conformity with the provisions of this subdivision, may be continued subject to the following conditions: a. If such structure, use, or utility service is discontinued for 18 consecutive months, any future use of the building shall conform to this subdivision. b. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the predamaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination. B. Specific standards. 1. In all areas identified as numbered and unnumbered A zones, AE, and AH zones, where base flood elevation data have been provided, as set forth in subsection (a)(2), the following provisions are required: a. Residential construction. New construction, substantial improvement, or substantial damage of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of 18 inches above base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Substantial improvement or substantial damage is applied when the combined total of improvements or repairs made to the structure in the calendar year exceeds 50 percent of the structure's market value. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed to be elevated to a minimum of 18 inches above the base flood elevation and in accordance with section When fill is used, the top layer shall be above the BFE and in accordance with adopted building code standards. Fill shall not adversely affect the flow or surface drainage from or onto neighboring properties. Retrofitting a pre-firm single family residence that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding may be retrofitted to meet the design standards for insurance ratings as specified in FEMA flood insurance manual, lowest floor guide. Owners may voluntarily choose to wet floodproof. Any mechanical, electrical, or other utility equipment must be located 18 inches above the base flood elevation. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements. If wet floodproofing techniques are utilized, a certificate of wet floodproofing shall be provided by a registered professional engineer or architect. 165

166 Pre-firm accessory structure in a single family residential zoned district, that are subject to flooding may be retrofitted to meet the design criteria for automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Owners may voluntarily choose to wet floodproof an accessory structure to reduce potential flood damage. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements. b. Non-residential construction. New construction, substantial improvement or substantial damage of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of 18 inches above the base flood elevation or, together with attendant utility and sanitary facilities in accordance with section , be dry floodproofed to a minimum of 18 inches above the base flood elevation. A registered professional engineer and/or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the floodplain administrator as set forth in subsections (c)(7) (9). Substantial improvement or substantial damage is applied when the combined total of improvements or repairs made to the structure in the calendar year exceeds 50 percent of the structure's market value. When fill is used, the top layer shall be above the BFE and in accordance with adopted building code standards. Fill shall not adversely affect the flow or surface drainage from or onto neighboring properties. c. Require, for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. The structure must provide one square inch of venting for every square foot of enclosed area; 2. The structure must provide at least two vents located on different sides of the structure, with one being located on the upstream side of the structure, if possible; 3. The bottom of required vents must be no higher than one foot above grade; 4. The required vents must be freely open with no human interventions required and be equipped with screens, louvers, valves, or other coverings or devices provided that they permit automatic entry and exit of floodwaters; 5. The area below the base flood elevation must be unfinished and constructed of flood-resistant materials as the same are defined by FEMA. Sheetrock or drywall used for fire protection is permitted in unfinished areas; 6. All ductwork, heating, ventilation and air conditioning systems, electrical and hot water heaters included as part of the structure must be elevated a minimum of 18 inches above the base flood elevation; 7. All of the above required features must be shown on the plan submitted for the floodplain development permit; 8. An elevation certificate must document the venting features included in a structure and be filed with the floodplain administrator before the structure is occupied. C. Manufactured homes. 166

167 1. All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. 2. Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's FIRM on sites: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; c. In an expansion to and existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of 18 inches above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. 3. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's FIRM, that are not subject to the provisions of subsection (c)(2) of this subdivision, be elevated so that either: a. The lowest floor of the manufactured home is a minimum of 18 inches above the base flood level; or b. Reserved. c. 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 attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. D. Appurtenant structure/accessory structure. Agriculture structure, or accessory structure with two or less outside rigid walls and a fully secured roof, or an accessory structure used solely for parking and limited storage purposes, not attached to any other structure on the site, and of limited investment value may be constructed at-grade and wet-flood proofed (flood vents and flood openings) provided there is no human habitation or occupancy of the structure; that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Accessory structure shall be in conformance with section 27, ARTICLE VIII, zoning and accessory uses. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for agricultural structures and accessory structures that are constructed at grade and wet-floodproofed. 1. Use of the accessory structures must be solely for parking and limited storage purposes in zones A, AE, AO, and AH only as identified on the community's flood insurance rate map (FIRM). 2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) 167

168 below the base flood elevation, must be built with flood resistant materials. If floodproofing techniques are utilized, a certificate of flood-proofing shall be provided by a registered professional engineer or architect. 3. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures. All of the building's structural components must be capable of resisting specific flood related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. 4. Any mechanical, electrical, or other utility equipment must be located 18 inches above the base flood elevation. 5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters. If wet floodproofing techniques are utilized, a certificate of flood-proofing shall be provided by a registered professional engineer or architect. 6. Reserved. 7. Equipment, machinery, or other contents must be protected from any flood damage and in accordance with subsections (5)(a) and (b). Equipment such as scales, may be floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions. If flood-proofing techniques are utilized, a certificate of floodproofing shall be provided by a registered professional engineer or architect. 8. Reserved. 9. All of the above required features must be shown on the plan submitted for the floodplain development permit. 10. An elevation certificate must document the features included in a structure and be filed with the floodplain administrator before the structure is occupied. E. Areas of shallow flooding (AO and AH zones). Located within the areas of special flood hazard as described in subsection (a) are areas designated as AO 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. All new construction and substantial improvements of residential structures, including manufactured homes, shall 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. All new construction and substantial improvements of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall 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 floodproofed 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. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures. 2. AH zones. 168

169 a. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in subsection (b). b. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures. F. Floodway. Located within areas of special flood hazard established in subsection (a) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply: 1. The unified government shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point. 2. The unified government shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge. 3. If subsection (e)(2), is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section In unnumbered A zones, the unified government shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set forth in subsection (a)(2). G. Recreational vehicles. Require that recreational vehicles placed on sites within all unnumbered and numbered A zones, AE, AH, and AO zones on the city's FIRM either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use [11] ; or 3. Meet the permitting, elevation, and anchoring requirements for manufactured homes of this subdivision. (Ord. No. O-41-15, 1, ) Footnotes: --- (11) --- Note A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. Sec Floodplain management variance procedures. A. Establishment of appeal board. The city's board of zoning appeals, as established by ARTICLE III of the unified government planning and development ordinances shall hear and decide appeals and requests for variances from the floodplain management requirements of this division. B. Responsibility of appeal board. Where an application for a floodplain development permit is denied by the floodplain administrator, the applicant may apply for such floodplain development permit directly to the appeal board, as defined in subsection (a). 1. The appeal board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this subdivision. C. Appeals. Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the district court as provided in K.S.A and

170 D. Floodplain management variance criteria. In passing upon such applications for variances, the appeal board shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this subdivision, and the following criteria: 1. Danger to life and property due to flood damage; 2. Danger that materials may be swept onto other lands to the injury of others; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. Availability of alternative locations, not subject to flood damage, for the proposed use; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in times of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and, 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges. E. Conditions for approving floodplain management variances. 1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items (2) through (6) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provide the proposed activity will not preclude the structure's continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: (a) showing of good and sufficient cause, (b) determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 6. A community shall notify the applicant in writing over the signature of a community official that: (a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $ of insurance coverage and (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this subdivision. 170

171 (Ord. No. O-41-15, 1, ) Sec Penalities for violation. A. Violation of the provisions of this subdivision or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this subdivision or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the unified government or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. Each day such violation continues shall be considered a separate offense. B. Nothing contained in this section shall prevent the unified government or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. O-41-15, 1, ) Sec Amendments. The regulations, restrictions, and boundaries set forth in this subdivision may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the official newspaper of the city. At least 20 days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this subdivision are in compliance with the NFIP regulations. (Ord. No. O-41-15, 1, ) Secs Reserved. Subdivision IV - Commercial Development Guidelines Overlay District Sec Purpose and intent. The commercial design guidelines are intended to provide definitions and descriptions of acceptable design in specified areas of both the county and the city. These guidelines are established to accomplish the following goals: 1. Relate development to surrounding community; 2. Provide direction for the creation of quality development with respect to site planning, architectural design, and landscaping; 3. Ensure quality design that reflects community identify and sense of place; 4. Support property values in new development and redevelopment; and 5. Implement the long-range vision of the community. (Ord. No. O-50-06, 1, ) Sec Boundaries and application. 171

172 A. The commercial design guidelines are applicable to all commercial and office development within the boundaries identified on the map (see appendix "A"). Commercial design includes all districts beginning with a "C" designation such as C-O, C-I, C-2 and C-3. This includes those commercial and office areas located west of 94th Street. B. The commercial design guidelines shall apply to all new development within the area described in subsection (a) of this section. The guidelines shall apply to existing development when changes (renovation, restoration, modification, addition, or retrofit, collectively referred to as rehabilitation) are proposed to a structure or a site that will exceed 50 percent of the current appraised value of the structure or site, as established by the county. Rehabilitation costs shall be aggregated over a five year period to determine whether the development is subject to these guidelines. C. Rehabilitation projects shall conform to these guidelines to the greatest extent possible, and shall provide written explanations for each area of noncompliance. D. Design solutions proposed as an alternative to these requirements may be considered by the planning commission provided that such alternative design furthers the purposes and intent of this subdivision and does not result in design that would otherwise violate the terms of the regulations contained in this subdivision. E. Design review will be provided as follows: Application Review Appeal Rezoning Planning Commission Board of Commissioners Special Use Permit Planning Commission Board of Commissioners Development Plan (without rezoning) Director Urban Planning Planning Commission DRC process Development plan with rezoning Planning Commission Board of Commissioners Alternative design Planning Commission Board of Commissioners F. Where there is conflict between the terms of this subdivision and other regulatory provisions applicable in the land development process, the more strict regulations will apply. (Ord. No. O-50-06, 1, ) Sec Site character. A. Intent. To encourage on-site and off-site compatibility of development while considering the relationship between site design and the existing environment. Site character includes consideration of: physical and natural features of land; building placement; vehicular access; circulation and parking; pedestrian access; preservation and buffering of views; surrounding development; and community character. 1. Development should be sited in a manner consistent with, and be appropriate for, many of the existing conditions of the site. 2. Parking and circulation should account for pedestrian s bicycles and vehicles. 3. Building and street layout should define a cohesive development. B. General layout. 1. Multilot or multibuilding developments shall be designed as unified projects with a sense of place reflected through development layout and architectural design. 172

173 2. Linear or strip development is discouraged, including linear open air centers or strip centers, either of which front parking lots. 3. Large retail establishments (big box) are subject to these guidelines with the following specific requirements: a. All big box developments shall include at least three retail establishments located in a complex that is planned and managed as a single unit. b. No more than 80 percent of the off-street parking may be located in the front of the development if more than 80 percent is in front then the number of landscape islands will be increased by 50 percent. c. At least two sides (the two sides that are projected to have the highest level of pedestrian activity) of a big box store (of more than 120,000 square feet) shall include customer entryways. Additional stores located within the development shall also have clearly marked entryways. The entryways shall be defined with at least three of the following features: 1. Canopy or portico; 2. Overhangs; 3. Recesses/projections; 4. Raised cornice parapets over doors; 5. Peaked roof forms; 6. Arches; 7. Outdoor patios; 8. Display windows; 9. Architectural details such as tile work or moldings that are integrated into the building or structure; 10. Integral planters or wing walls that incorporate landscaped areas and/or places for seating. C. Grading and drainage. 1. Where possible, new development should maintain the natural topography of the existing site. Extensive grading (more than 70 percent of the site) or unusual site improvements are strongly discouraged. 2. Site drainage patterns shall be designed to prevent surface drainage from collecting on and/or flowing across pedestrian areas. 3. Use of stepped retaining walls is where necessary along public streets and other visible areas of the site to reduce the steepness of manmade slopes and to provide pockets or terraces for revegetation and landscaping. Every wall over six feet in height must be "stepped." Four feet of terrace is required for every eight feet of wall. 4. Detention ponds should not be contained within a lot or parcel that contains a building site. One detention area may be required to serve multiple lots. 5. Detention ponds should be designed as a project amenity. D. Circulation. 1. Projects must be designed to minimize any increased traffic use of neighborhood streets. 2. Curb-cuts should be minimized and concentrated at mid-block. 3. A sense of entry or arrival shall be created at primary entryways into the development. Building placement, landscaping, gates, entry monuments, specialty lighting, and other design elements can be used to create this design effect. 173

174 4. Driveway configuration and design should be determined based on the size of development and capacity of streets. For example, a large, traffic-generating development with a multi-neighborhood drawing radius should provide significantly more driveway space for ingress and egress with turn lanes than a smaller, neighborhood-oriented development. 5. The number of external entrances should be consistent with existing or anticipated design of adjacent streets. 6. To reduce the need for multiple street access points and to allow for the potential future reduction of driveways consistent with access management principles, access points and driveways must be planned and shared between properties, with access easements noted on plats or other recorded document. 7. There shall be a hierarchy of internal circulation beginning with site access from the public street. a. Access driveways shall feed into driving lanes which shall divide into parking lanes and parking areas. b. There shall be limited access to driveways, which shall be provided from driving lanes, not parking areas, wherever possible. c. Circulation patterns within parking areas shall be defined by curbs and landscaped islands. d. Where possible, groups of buildings should be serviced by dedicated service access lanes. 8. Internal vehicular, bicycle and pedestrian circulation must connect in a manner obvious to users. 9. To the maximum extent possible, there shall be pedestrian circulation from the perimeter of the site to the principal customer entrance to all buildings. Within the site, there shall be pedestrian connections provided to all pedestrian activities, including transit stops, street crossings, open space, building and store entry points, and adjacent pedestrian systems. 10. Sidewalks in front of buildings must be designed to accommodate pedestrian activity both for that use and for movement between uses. This may include cafe seating and outdoor sales pursuant to the chapter 32, article III. 11. Internal pedestrian walkways within parking lot or drive area must be distinguished from other surfaces. 12. Pedestrian connections must be clearly defined in a combination of two or more of the following ways: a. Six-inch vertical curb. b. Trellis. c. Special railing. d. Bollards. e. Special paving. f. Low seat wall or other architectural features. g. Pedestrian scale lighting. h. Traffic calming devices. 13. Site design should integrate and facilitate access to public transit. 14. Sidewalks that are within reasonable proximity to an identified trail system should connect to that system and accommodate the uses anticipated on the trail (e.g., pedestrian, bicycle). E. Parking. 1. The majority of all surface parking and all drive through facilities should be located to the maximum extent possible behind buildings or in the interior of a block. 2. Pedestrian walkways through the parking area to building entrances should be clearly marked pursuant to this subdivision. 174

175 3. Parking located between front of building and street right-of-way must provide an additional 20 feet of landscaped area in addition to the required setback. 4. Parking must be screened from adjacent streets by walls, shrubs, trees, or other design elements. 5. Parking lot curb cuts must be designed and minimized to reduce conflicts between pedestrians and automobiles. 6. Accessible parking must be provided according to unified government requirements. 7. Dead-end parking without a designated turn-around area should be avoided and shall not be permitted on any new projects that are not infill or redevelopment. 8. Parking should be divided into blocks of 40 to 50 spaces. Where this is not easily defined, groups of 20 spaces should be divided by a landscape island at least the size of one stall. 9. Structured parking, as follows: a. Structured parking adjacent to a street shall provide an active front with pedestrian-oriented uses. b. Structured parking shall integrate with adjacent buildings using similar materials, alignments, and architectural finishes. 10. Cart corrals should be low-profile, created with pavement (e.g., curbs), may include a bollard to deflect parking, and should have low-profile identification signs, no taller than four feet. F. Building elements. 1. There should be a designated walkway or clear pathway to the main entrance of a building so that pedestrians are not required to walk through parking lots. 2. Buildings should be located in such a manner as to minimize conflicts between pedestrians and automobiles. 3. Buildings should be oriented primarily to the street. 4. Retail shops at street level should have direct access to and from the sidewalk. 5. Entrances should be easily identifiable as primary points of access to buildings. 6. Corner buildings at gateways or prominent intersections shall be designed to emphasize the gateway or intersection location. This may include major architectural expression in the facade roof form and/or massing, such as: a. Larger bulk; b. Tower forms; c. Peaked roofs; and/or d. Over-sized windows. 7. Pad sites shall be clustered together to define street edges and entry points or to enclose and create interesting places between buildings, such as public outdoor seating, landscaped areas, or other focal points. 8. Buildings, walls, trees, topography, and other site features shall be oriented and arranged to define circulation areas and lend a human scale to the development. 9. Shared parking between adjacent or closely related developments is strongly encouraged, provided each development complies with unified government parking requirements. G. Outdoor storage areas/mechanical equipment. 1. Masonry screen walls are required to provide 100 percent opaque screening to public views of loading and service areas from other properties or public streets. 175

176 2. Service areas and docking facilities should be located to the side or rear of the building away from public streets and main circulation and drives when possible. 3. All trash receptacles shall be enclosed with a screening wall or fence constructed of the same materials as the primary structure. The screen must be a minimum of six feet in height on all sides and designed with the gate facing away from streets or adjacent land uses. All screening materials must be well maintained at all times. (Ord. No. O-50-06, 1, ) Sec Architectural design. A. Intent. It is the intent of this section to create and enhance community image through thoughtful design development. This section is intended to ensure that: 1. Design relates buildings to each other and to the community. 2. Good design incorporates and combines design theme, building facade materials, colors, roof, and equipment. 3. Similar to site design, building design at street level must be oriented to people and cars. B. Overall design. 1. Architectural design shall create or contribute to uniqueness or sense of a specific place. 2. Building elevation design determinations must consider the character of the surrounding architecture and neighborhood and incorporated design elements that further reflect or enhance community character. Where community character is difficult to determine, planning staff will work with the applicant to identify any relevant features. C. Building facade. 1. Commercial development should take into account the architectural design of all building elevations, 360 degrees. Quality design should be expressed on all elevations of a building. 2. In order to break up the monotonous appearance of long facades, a building wall no more than 45 feet in length should be divided into increments of no more than 45 feet through articulation of the facade. This can be achieved through combinations of at least three of the following techniques: a. Divisions or breaks in materials; b. Building offsets (projections, recesses, niches); c. Window bays; d. Separate entrances and entry treatment; or e. Variation in rooflines. 3. The scale of individual building facade components should relate to one another and the human scale, particularly at street level. D. Design theme. 1. A single building development with multiple buildings must maintain a consistent style/architectural theme. Architectural design building materials, colors, forms, roof style and detailing should all work together to express consistent design. This includes all pads within a retail development, as well as gasoline pump canopies or other accessory structures. 2. Large buildings adjacent to small buildings should consider and incorporate architectural design elements and details such that the scale of the larger building appears compatible with that of the smaller building. 176

177 3. The composition of a building more than three stories tall shall include a clearly recognizable base, middle, and top. The base of a building should be weightier in appearance than the rest of the building. This can be accomplished with use of heavier, larger, or darker building materials. The top of the building may include, among other things, cornice treatments, sloping roof, or stepped parapets. 4. Buildings in a grouped development should approximately align horizontally in their main architectural elements, windows, sills, cornices, banding, etc., although these lines may be carried from building to building by different elements. 5. A single, large dominant building mass shall be avoided. Changes in mass should be related to entrances, the integral structure, and/or the organization of spaces and activities. 6. Building elements must not function as signage. The appearance of "franchise architecture" where buildings function as signage is discouraged. Incorporation of franchise or business design elements unique or symbolic or a particular business must be unobtrusive and secondary to the overall architectural design. 7. New primary structures that express a standardized corporate identity shall incorporate at least three of the following elements to create a facade and building design similar to those on an existing primary structure visible from the new primary structure and located within 500 feet of the new primary structure. Significant departures from "off-the-shelf" buildings, either locally or by national chains, may be required to meet this standard. a. A similar roofline or roof material. b. Similar facade colors and materials. c. Similar pedestrian entry locations and entryway architecture. d. Similar amounts of glazing on facades visible from the public street. 8. Accessory structures must incorporate matching design and materials of the primary building. E. Building materials. 1. Building materials must be durable, economically maintained, and of a quality that will retain its appearance over time, including but not limited to: natural or synthetic stone, brick, stucco, integrallycolored, textured, or glazed concrete masonry units, high quality pre-stressed concrete systems, cementitious siding (hardy board), or glass. The director may approve other high-quality materials. a. Building design should avoid large expanses of highly reflective surfaces and mirror glass exterior walls. b. Highly tinted glass or glass tinted in unnatural colors should be avoided. 2. Exterior building materials shall not include the following: a. Split shakes, rough sawn, or board and batten wood; b. Vinyl siding; c. Smooth-faced grey concrete block, painted or stained concrete block, tilt-up concrete panels; d. Field painted or prefinished corrugated metal siding; e. Standard single-tee or double-tee concrete systems; or f. EIFS at the ground level or comprising more than 15 percent of any facade. 3. Exterior building material must be continued down to within nine inches of finished grade on any elevation. Exterior masonry materials must be continued to the top of grade. 4. All building facades shall be at least 50 percent masonry. Cementious siding may be used to meet 50 percent of the total masonry requirement. 177

178 F. Building color. 1. Color should be used to tie building elements together. 2. All building projections shall match or complement in color the permanent color of the surface from which they project. 3. Intense, bright, black, or fluorescent colors shall be used sparingly and only as accents. G. Building roof. 1. Buildings should have a defined top. This can be accomplished with cornices, caps, parapets, or roofs. 2. Three-dimensional rooftops are encouraged. Variation in roofline is suggested to reduce the scale of large buildings. 3. Sloped roofs or canopies shall be covered with high quality roofing material such as approved by the director. Metal roofing is preferred, especially for small articulations. Asphalt is discouraged and wood roofing materials are prohibited. H. Windows. 1. For new construction, windows, windows with awnings, and covered pedestrian walkways should total at least 60 percent of the building frontage along public streets or parking lots. Windows should be for display purposes or to allow viewing both into and out of the interior. Exceptions may be made for individual tenants in excess of 20,000 square feet gross floor area or the rear elevation of a building that backs up to a public street, where the window percentage should be 25 percent of the linear building frontage. 2. Reflective or mirrored glass for use as windows is prohibited, unless determined otherwise by the director. Clear glass shall be used for storefronts, windows, and doors. Window painting, signage, or view blocking techniques are not permitted. I. Auto-oriented uses. Drive-up and drive-through facilities, order stations, pick-up windows, bank teller windows, money machines, etc., shall be located on the side or rear of primary structures to minimize views from public streets. Drive-up and drive-through lanes should be not located between the front of the primary structure and the adjacent streets or sidewalks. Drive up facilities including drive lanes shall not be located within 150 feet of an existing residential structure, all means available should be taken to minimize the impact on adjacent residential structures. J. Phasing of improvements. If a center is to be built in phases, each phase shall include an appropriate share of the proposed streets and circulation system, landscaping and outdoor spaces, screening, and other site and architectural amenities of the entire project. The extent of these improvements shall be determined for each phase of a specific project at the time of project development approval, and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements to accommodate the necessary public infrastructure to adequately screen the site. (Ord. No. O-50-06, 1, ) Sec Landscaping and screening. A. Findings and intent. Landscaping offers many benefits including providing color and shade, buffering wind, sun, and bad views, and reducing glare. Landscaping also integrates structures and uses with the site while reducing the visual impact of development on adjacent uses. 1. Landscaping is important to completing the design picture. 2. Landscaping is a working component of the development, serving to screen, buffer, soften, and energize the buildings, streets, and parking. 178

179 3. Landscaping identifies street frontage and maintains character for rights-of-way. 4. Landscaping is an on-going requirement for healthy development. 5. Landscaping shall exceed the typical code requirements by at least 75 percent. B. Streets and drives. 1. New construction must provide at least a 25-foot landscape zone between structures and/or parking lots and all public streets and access easements 40 feet wide or greater. This requirement may be reduced to 12 feet where there is no paving, other than a sidewalk, between a building and the right-of-way. The distance is to be measured from the public right-of-way or curb-line of a private easement. 2. Landscape berms and/or continuous rows of shrubs are required to screen parking from adjacent development or public streets. Shrubs used in this area must not exceed a maximum height of 30 inches at maturity. 3. In general, formal, stand-alone trees are encouraged to be planted in landscape zones along major streets and medians. These trees should be planted as follows: C. Design. a. One tree with a minimum caliper of two inches (ornamental) evergreen trees must be at least six feet tall when planted) provided for every 30 feet of street easement or frontage. b. Street trees should be planted no closer than 55 feet and no more than 65 feet apart. Groupings of ornamental trees and shrubs should be placed in between the street trees. 1. Unity of design should be achieved by repetition of certain plant varieties and other materials and by coordination with other landscaping where appropriate. 2. Plant selection should be appropriate to planting zone, hydro zone, specific site conditions, and ability to provide year-round ornamental value. 3. The choices, placement, and scale of plants should relate to the architectural and site design of the project. Plantings should be used to screen, accent focal points and entries, to contrast with or reinforce building design, to break up expanses of paving or wall, to define on-site circulation, to provide seasonal interest, and to provide shade. 4. Landscape areas located between commercial districts and residential districts must provide 100 percent sight-obscuring year-round buffer using plant material or a combination of fence, berm and plant material. 5. Landscape and streetscape design should be used to enhance the frontage of primary roadways. D. Buildings. 1. At least 75 percent of the length of building foundations facing public streets, the exterior of the development, or common spaces must be planted with ornamental plant material such as ornamental trees, flowering shrubs, perennials, and groundcovers. 2. Planting must be massed and scaled as appropriate for the entryway size and space. 3. Landscaping should breakdown in scale and increase in detail, color, and variety to mark entryways into developments. E. Parking. 1. Parking lot landscaping must be used to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate any negative acoustic impacts of motor vehicles. 2. Parking lot landscaping should reinforce pedestrian and vehicular circulation, especially parking lot entrances, end of driving aisles, and pedestrian walkways leading through parking lots. 179

180 3. Groups of parking of between 40 and 50 spaces must be separated by a ten-foot wide landscaped median or berm, or pedestrian walkway within a landscaped median. 4. Parking areas that cannot be grouped must include one landscaped island the size of one stall separating each 20 spaces. 5. The primary landscaping material used in parking lots must be trees that provide share or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. F. Maintenance. 1. All new development landscaping must be irrigated with an automatic system approved by the planning department. Rehabilitation development must either have an irrigation system or a watering plan. 2. Plants that die must be replaced as quickly as possible, but in no event longer than four months. G. Phasing. The first phase of construction should include perimeter landscaping, entry drives, and detention ponds. Future phases must indicate interim landscaping. (Ord. No. O-50-06, 1, ) Sec Crime prevention through environmental design (CPTED). A. Territoriality. Territoriality is a concept that clearly delineates private space from semipublic and public spaces, and creates a sense of ownership. Ownership thereby creates an environment where appearance of such strangers and intruders stand out and are more easily identified through: 1. The enhanced feeling of legitimate ownership by reinforcing existing natural surveillance and natural access control strategies with additional symbolic or social ones. 2. The design of space to allow for its continued use and intended purpose. 3. The use of pavement treatments, landscaping, art, signage, screening and fences define and outline ownership of space. B. Natural surveillance. Natural surveillance is a design concept directed primarily at keeping intruders under observation. Provision of natural surveillance helps to create environments where there is plenty of opportunity for people engaged in their normal behavior to observe the space around them. Areas can be designed so they are more easily observed through: 1. Design and placement of physical features to maximize visibility. This will include building orientation, windows, entrances and exists, parking lots, refuse containers, walkways, guard gates, landscape trees and shrubs, use of fences or walls, signage and other physical obstructions. 2. Placement of persons or activities to maximize surveillance possibilities. 3. Minimum maintained lighting standards that provide for nighttime illumination of parking lots, walkways, entrances, exits and related areas to promote a safe environment. C. Access control. Access control is a design concept directed primarily at decreasing criminal accessibility. Provision of natural access control limits access and increases natural surveillance to restrict criminal intrusion, especially into areas where they will not be easily observed. When present, intruders are more readily recognized through: 1. The use of sidewalks, pavement, gates, lighting and landscaping to clearly guide the public to and from entrances and exists. 2. The use of gates, fences, walls, landscaping and lighting to prevent or discourage public access to or from dark or unmonitored areas. 180

181 D. Activity support. Activity support is the presence of activity planned for the space. Activity support involves placing activity where the individuals engaged in an activity will become part of the natural surveillance system. Examples include: 1. Place safe activities in areas that will discourage would be offenders, to increase the natural surveillance of these activities and the perception of safety for normal users, and the perception of risk for offenders. 2. Place high risk activities in safer locations to overcome the vulnerability of these activities by using natural surveillance and access control of the safe area. 3. Locate gathering areas in locations that provide for natural surveillance and access control or in locations away from the view of would-be offenders. 4. Improve the scheduling of space to allow for effective use and appropriate intensity of accepted behaviors. E. Maintenance. Proper maintenance of landscaping, lighting treatment and other features can facilitate the principles of CPTED, territorial reinforcement, natural surveillance and natural access control. Functions include: 1. Proper maintenance of lighting fixtures to prescribed standards. 2. Landscaping which is maintained at prescribed standards. 3. Minimizing the conflicts between surveillance and landscaping as the ground cover, shrubs and trees mature. (Ord. No. O-50-06, 1, ) Secs Reserved. DIVISION 6 - SPECIAL USE PERMITS Sec Intent and purpose. In recognition of certain uses and situations with characteristics which may not blend or harmonize with the uses in the standard zoning districts, the unified government board of commissioners may, by special use permit, after public hearing and after report by the planning commission, authorize the location of any of the following uses, under such conditions as to operation, site development, signs, time limit or other conditions as may be deemed necessary to ensure that the use will not injure neighboring property or the welfare of the community. All such uses shall conform to the general intent and purpose of this article and shall comply with height, area and other regulations of the district in which they may be located, unless otherwise specifically granted. (Code 1988, ; Ord. No , 1( ), ) Sec Allowable special uses. A. The following uses may be permitted under special use permit in any zoning district except as specifically limited herein: 1. Amusement parks, privately owned and operated athletic fields, and race tracks. 2. Assembly halls, community centers, exhibition halls, and convention centers. 3. Bingo parlors. 4. Children's day care and nursery facilities. 181

182 5. Concert halls, discotheques, and dance halls. 6. Crematories, when not an accessory use to a funeral home. 7. Electronic message centers in districts C-2 through M Extraction of raw material, such as rock, gravel, and sand. 9. Farm wineries. 10. Golf driving ranges, miniature golf courses. 11. Home occupations. 12. Hospitals, special purpose hospitals and other facilities for treatment of humans. 13. Institutions of an educational, religious, philanthropic or eleemosynary nature. 14. Keeping of livestock on acreage between one and five acres. 15. Microbreweries. 16. Motels, hotels, motor hotels. 17. Nursery sales office, building, greenhouse or area. 18. Nursing and convalescent homes. 19. Off-site directional signs for residential land developments. 20. Off-street parking lots for passenger vehicles. 21. Outdoor advertising signs whenever the zoning lot has a minimum of 2,500 square feet in area and is located abutting a freeway or expressway in the C-2 through M-2 districts. 22. Outdoor motion picture theatres. 23. Private or commercial facilities for tennis, handball, racquet ball or similar recreation. 24. Production or assembly of measuring and controlling instruments, optical, medical, and photographic equipment, and semiconductors and electric components which are small, precision made and of relatively low production bulk in the C-D and C-3 districts. 25. Public utility services or public service corporations, which buildings or uses are deemed reasonable and necessary for the public convenience and welfare. 26. Riding stables and tracks. 27. Temporary use of land for commercial or industrial uses; provided, however, that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated shall be temporary and any stored equipment or material shall be removed upon the date of expiration of the special use permit, which permit shall not be approved for more than two years. 28. Veterinary clinics, dog kennels. 29. The unified government board of commissioners may, upon application by the proponent, issue a special use permit for the use of a specified parcel of land for such temporary shortterm uses as trade shows, street fairs, expositions, promotional ventures and entertainment, without publication or posted notice and without referral to the planning commission, provided the following conditions are met: a. The applicant shall submit in written form a complete description of the proposed use, including estimated accumulation of automobiles and persons, hours of operation, and other characteristics and effects on the neighborhood. b. The short-term special use shall not be operated longer than ten consecutive days. c. Upon the cessation of the shortterm special use, all materials and equipment shall be promptly removed and the property restored to its normal condition. If, after giving full consideration to the effect of the requested special use on the neighborhood and the community, the unified government 182

183 board of commissioners deems the special use reasonable, the special use permit for the shortterm use may be approved. Conditions of operation, provision for surety bond, and other reasonable safeguards may be written into the special use permit. Such permit may be approved in any zoning district, and the required fee shall be paid. 30. Wireless communication facilities. a. Findings. The Telecommunications Act of 1996 grants authority to local jurisdictions over decisions regarding the placement, construction, and modification of wireless communication facilities. The unified government has diverse and unique landscape features, natural resources, and residential, commercial and historic neighborhoods that must be protected with quality land use development regulations, including regulations governing the location and design of wireless communication facilities. b. Purpose. The purpose of these regulations is to ensure that wireless communication facilities are appropriately designed and sited to ensure compatibility with current and future land uses, while ensuring that wireless service providers are able to provide customers with adequate wireless service. Compatibility touches upon several key factors, including: 1. Aesthetics, including scale (both in terms of mass and height) in association with onsite and offsite land uses. 2. Preservation of open space. 3. Use of existing structures to blend wireless communication facilities into existing structures. 4. Safety. 5. Compliance with existing development guidelines. 6. Siting of wireless communication facilities to ensure minimal disruption to future development patterns, both onsite and offsite. Compatibility in light of the above factors may be more readily achieved by applicants through (i) long-range planning for the needs of wireless service providers; (ii) technical documentation of the need for certain wireless communication facilities; (III) collocation on existing structures and integration of those facilities with existing architectural features; (iv) use of design techniques that minimize the visual appearance of wireless communication facilities; (v) use of stealth communication towers where existing structures are not available upon which to place wireless communication facilities; and (vi) neighborhood participation in the siting and design of wireless communication facilities. c. Definitions. The following definitions control this chapter. Other terms used throughout this chapter shall have the same meaning as elsewhere defined in the zoning ordinance, if defined therein. 1. Administrative determination. A final decision by the director of planning or his/her designee. 2. Applicant. The person or entity making application for a wireless communication facility pursuant to this chapter. 3. Base station equipment. Base transceiver station equipment, whether stand-alone "outdoor equipment", wall-pack equipment, or equipment located within an equipment shelter. 4. City. The City of Kansas City, Kansas. 5. Collocation. The act of placing a wireless communication facility on an existing (i) building, (ii) water tank, (III) billboard, (iv) communication tower, or other previously approved structure within the city's boundaries. 183

184 6. Collocation installation. A wireless communication facility located on an existing (i) building, (ii) water tank, (iii) billboard, (iv) communication tower, or other previously approved structure within the city's boundaries. 7. Communication tower. An uninhabitable man-made support structure constructed for the primary purpose of placement of antennas for the transmission and distribution of radio frequency signals. 8. Governing body. The elected political body of the city. 9. Guyed communication tower. A communication tower structurally supported by guy wires. 10. Lattice communication tower. A communication tower structurally supported through the crossbracing of steel members, and sometimes also referred to as a "self-support tower". 11. Monopole communication tower. A concrete spun or prefabricated tubular steel or carbon communication tower. 12. Planning department. The city's urban planning and land use department. 13. Property owner. The owner or owners of real property in fee simple. 14. Stealth communication tower. A monopole communication tower designed, in order of preference (i) with antenna mounting hardware and antenna mounts that are concealed within a canister so that the antennas are not visible; (ii) with antennas that are flush mounted to the pole to minimize the horizontal profile of the structure; or (III) to be integrated into stadium lights at public parks or schools, or as light standards in parking lots. 15. Tower owner. An owner of a communication tower. 16. Wireless communication facility. An antenna installation, associated coaxial cable and associated base-station equipment used by a wireless service provider to provide wireless service to customers. If a wireless communication facility is located on a communication tower, the communication tower and wireless communication facility are collectively the wireless communication facility. 17. Wireless service provider. An entity holding a license issued by the Federal Communications Commission to send and receive radio frequency signals in the cellular and PCS band spectrums within the jurisdictional boundaries of the city. 18. Zoning ordinance. The zoning ordinance of the city of Kansas City, Kansas, codified in Chapter 27 of this Code. d. Burden of proof. As to the contents of the application for any wireless communication facility required hereby, the burden of proof of establishing (i) compliance with this chapter; and (ii) the need for the wireless communication facility, from a technical perspective, rests squarely on the applicant for the wireless communication facility to establish compliance by clear and convincing evidence. e. Applicability of chapter Conflict. This chapter applies to the construction and maintenance, repair, upgrade and operation of wireless communication facilities and communication towers. Wireless communication facilities may be permitted subject to administrative determination, permitted by special use permit, or prohibited based upon the present zoning designation of the property on which an application for a wireless communication facility is made. The differences in designations recognize that, in certain circumstances, wireless communication facilities and communication towers may not be compatible with adjacent land uses or the health, safety and welfare of the community as a whole. This chapter is supplementary to other dimensional and density standards set 184

185 forth in the zoning ordinance. In the event of conflict between this chapter and any other chapter of the zoning ordinance, the provisions of this chapter shall control. f. Wireless master plan required. At the time of making application for a wireless communication facility, whether administratively or specially permitted, the wireless service provider which is the underlying user of the wireless communication facility, shall file with the city planning department a wireless master plan documenting the current location from which it operates wireless facilities in and within one-half miles of the jurisdictional limits of the city. The plan shall include the existing locations of wireless communication facilities currently operated by the user and any location at which the wireless service provider plans to construct new wireless communication facilities in the next three years. For each existing site location shown, the plan shall include the address, the name of the property owner, the height and orientation of the antennas at the site and a depiction of service coverage from the site (e.g., through a propagation map). For proposed sites, the plan shall document the location(s) at which a wireless communication facility is anticipated to be constructed, the time in which is it anticipated to be constructed, and an explanation of the existing service deficiency. The submission of a master plan in compliance with this section does not vest a wireless service provider with any right to construct a wireless communication facility in a region designated for future network expansion. If the wireless service provider's network design changes, so as to render the presently filed master plan outdated or inaccurate, the burden to modify, supplement or amend the master plan is on the wireless service provider. g. Statement of cooperation. To minimize the aesthetic concerns associated with the proliferation of communication towers, any applicant for a new communication tower shall sign a statement indicating that it intends to rent space to other wireless service providers and allow collocation on its existing towers within the city's jurisdictional boundaries on commercially reasonable terms if it is technologically feasible. The provider shall not intentionally create technological issues for other carriers. This policy is designed to encourage the modification and/or reconstruction of existing communication towers in lieu of constructing new communication towers adjacent or in close proximity to existing communication towers. All applicants further agree to cooperate with the city to provide the city and any technical consultant the city may retain with sufficient data to analyze an application filed pursuant to the provisions of this article. h. Designation of uses as administrative determination, specially permitted, and prohibited. Wireless communication facilities are authorized subject to the following: AG Zone Residential Zones Commercial Zones Industrial Zones Guyed Tower Prohibited Prohibited Prohibited Prohibited Self Support Tower Prohibited Prohibited Prohibited Prohibited Monopole Tower under 199 feet Prohibited Prohibited Prohibited SpeciallyPermitted* Stealth Tower between 80 and 199 feet Stealth Tower Under 80 feet Collocation Installation Specially Permitted* Prohibited Specially Permitted* Specially Permitted Administrative Determination** Specially Permitted Administrative Determination** Administrative Determination* Administrative Determination** Administrative Determination* Administrative Determination* Administrative Determination** *Subject to separation, setback and application submission requirements specified in this chapter. **Subject to application submission requirements specified in this chapter, and provided that collocation in single family, 185

186 two-family residential and agricultural zones is limited to nonresidential structures. Provided further that no collocation installation may be placed on any residential structure shorter than 30 feet in height, and any collocation on a structure shorter than 60 feet in height shall be integrated into the structure on which the wireless communication facility is placed. The administrative determination, decision rests solely in the discretion of the director of planning, who may consider the future land use designation of the property or the area surrounding the property, based upon the city's comprehensive plan or any applicable area plan, neighborhood conditions, the existing or potential for the proliferation of wireless communication facilities in the surrounding area, or any other matter that, in the director of planning's discretion, warrants additional consideration or relates to the application. The applicant may appeal the administrative decision by filing for a special use permit within one month of the administrative determination. i. Who may apply for communication tower. No application for a communication tower will be accepted by the planning department unless accompanied by an affidavit by a wireless service provider that it is constructing and will own and operate the tower, or, if it will not own and/or operate the tower, that it will collocate on the communication tower within six months of issuance of a certificate of occupancy for the tower. Failure to comply with this statement will render the communication tower subject to the provisions for removal set out in [subsection n.2.] below. The purpose of this provision is to discourage the construction of speculative communication towers within the city's jurisdictional boundaries and to make clear that, if approved, these towers are constructed "at risk" and in the absence of use of the tower by a wireless service provider the city retains the right to require its removal. j. Development standards applicable to construction of all wireless communication facilities. 1. The following standards shall apply to all wireless communication facilities: i. No commercial advertising shall be allowed on a wireless communication facility, unless that wireless communication facility is actually located on an existing, approved sign. wireless communication facilities may have safety or warning signs in appropriate places; ii. iii. iv. No signals, lights or illumination shall be permitted on a wireless communication facility, unless required by the Federal Aviation Administration. Should lighting be required by state or federal law, the lighting shall be placed on the communication tower and designed in a way as to minimize, to the fullest extent possible, glare onto adjacent residential properties; Light fixtures may be attached if required by the FAA, as described in (vi) below or if part of a stealth communication tower design of or incorporated into and used for the illumination of athletic fields, parking lots, streets or other similar areas. Lighting of the accessory buildings for basic security purposes is permissible but may not result in glare on adjacent properties; The height of a communication tower or wireless communication facility shall conform to the height limitations of an applicable overlay district, if an overlay is used; v. All wireless communication facilities shall be sited to have the least intrusive visual effect, as is practical, on the environment and adjacent properties. vi. For existing communication towers, lighting and painting requirements shall be in accordance with FAA guidelines. For new communication towers, if an option exists to light a tower in lieu of painting the tower, applicant must agree to light the tower. 186

187 k. Application submission requirements for wireless communication facilities. Prior to submission of an application for a communication tower or a wireless communication facility, the applicant shall arrange a pre-application conference with the director of planning. The director of planning will advise the applicant of the process that will be employed by his or her designee and discuss alternative designs, if appropriate. The materials listed below must be submitted by the applicant to the planning department before the application shall be deemed complete and before an administrative determination is made or the submittal is forwarded to the planning commission for consideration. On receipt of an application, within one week thereof, the director of planning or his/her designee will notify the applicant if the application is complete. A finding that an application is complete has no bearing on the appropriateness of the use applied for and does not mitigate the director of planning's authority to (i) continue the matter for further investigation for review of the application materials provided; (ii) request additional technical information relating to compliance with the standards adopted herein. At the time of application for a wireless communication facility or a communication tower, the applicant shall submit: 1. Written authorization from the owner of the property on which the wireless communication facility will be located. 2. A final development plan in accordance with subsection (g) of the zoning ordinance, showing existing and proposed structures, the location of the proposed wireless communication facility and/or other uses, access road(s) location, access road surface material, parking area, screening walls and materials, location and content of warning signs, exterior lighting specifications, a landscaping plan, land elevation contours, existing land uses and zoning designations surrounding the site. If any accessory structure is proposed, details of the structure, including elevations and proposed use of the structure, shall be included. 3. A title report and vesting deed, or certification of current ownership from the county register of deeds, documenting ownership of the property. The following additional information is required for communication towers and [collocation] installations except for collocations on existing telecommunication tower facilities, as applicable: a. Application submission requirements for communication towers (regardless of whether subject to approval by administrative determination or special use permit. 1. Technical documentation of need for communication tower. No new communication tower shall be permitted unless the applicant demonstrates, based on substantial evidence and to the reasonable satisfaction of the city, that no existing communication tower or other collocation structure can accommodate the wireless service provider's proposed wireless communication facility. The applicant for a communication tower must present the following: i. A collocation study documenting the efforts of the wireless service provider to locate on existing structures within the area of deficient service; ii. iii. Propagation studies documenting deficiencies in wireless service by the wireless service provider; Drive test data, if requested by the director of planning or the planning commission or board of commissioners, to support the data depicted in the computer-generated propagation study models; 187

188 iv. Dropped call data from adjacent wireless communication facilities, separated according to site and by sector, to document the wireless service provider's deficiency in coverage and to document that a new communication tower in the precise region in which it will be located will alleviate the coverage deficiency if requested by the director of planning, or the planning commission or board of commissioners; v. Documentation showing how a greater number of shorter towers or collocation on existing structures would not sufficiently satisfy the deficiency in service coverage; vi. vii. viii. For any special use permit for a monopole tower, documentation explaining why a stealth communication tower cannot accommodate the wireless service provider's coverage needs, even if the use of a stealth communication tower results in the need for additional or shorter towers; If asserted as a reason for applying for a new communication tower, documentation that existing communication towers or structures do not have sufficient structural capacity to support the wireless service provider's wireless communication facility, and that existing or approved towers cannot be reinforced or modified; and Other limiting factors the applicant can demonstrate, not including the provisions of this chapter, that render existing communication towers or structures unsuitable for the wireless service provider's needs. 2. Security deposit. In addition to the special use permit and/or administrative determination filing fee applicable to all requests for wireless communication facilities except collocation facilities, an applicant for a communication tower may be required to deposit a fee of $4, with the planning department to cover the cost of an independent study of the level of service in the area in question, and shall sign a form (i) authorizing the city to use those funds to hire consulting engineers to review the application and to advise the city on the extent to which the applicant has, or has not, met the burden of proof documenting the need for the tower as required by this chapter. Upon the conclusion of this technical review process funds remaining unexpended, if any, shall be refunded to the applicant, and the applicant shall be provided with an accounting for the funds expended. Any unused portion of the deposit will be returned to the applicant within 30 days of disposition of the application. 3. Additional criteria for review. In addition to the standards and conditions listed in subsections 1 and 2 above, the city shall consider the following factors in determining whether or not to issue a special use permit or an administrative determination allowing the communication tower: i. The height of the proposed communication tower; ii. iii. iv. Proximity of the communication tower to residential structures and to residential district boundaries and property master planned for residential use; Technical or engineering requirements limiting placement of the wireless communication facility at other, more appropriate areas, to provide the required coverage; Nature of uses on adjacent and nearby properties; v. Surrounding topography, tree coverage and foliage (natural clutter); 188

189 vi. Design of the communication tower, based upon consideration of the preferences set out in the definition of stealth communication tower, to mitigate the visual obtrusiveness of the communication tower. 4. Setbacks and design standards. The following standards shall apply to communication towers: i. No communication tower may exceed 199 feet in height. ii. iii. iv. The communication tower shall be set back from the property line in all directions a distance equal to at least the height of the communication tower, if the site is in the AG zone. The communication tower shall be set back from the property line in all directions a distance that is equal to at least one-half its height, if the site is zoned for commercial or industrial purposes. These setbacks may be waived upon receipt of a notarized letter from the fee owner(s) of the parcel from which the waiver is sought acknowledging consent to the waiver and the precise distance of the waiver required from this section. Communication towers other than stealth communication towers shall be set back from residential structures by a distance of 300 feet. Communication towers other than stealth communication towers shall be set back from all property zoned for residential use or planned for residential use, according to an adopted future land use plan or map, by a distance of 300 feet. v. Distance to other communication towers. Communication towers shall not be located closer than one-half mile from another communication tower, unless an applicant proposes a stealth communication tower less than 80 feet in height. In certain circumstances where existing towers are at capacity, the planning commission may recommend a variance to this requirement to the board of commissioners. vi. vii. viii. ix. Communication towers shall be designed and built to allow expansion at a later date to accommodate collocation by at least one additional wireless service provider for each additional 20 feet of height in excess of 60 feet; provided, however, that no communication tower is required to accommodate more than three wireless service providers. With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any wireless communication facility, nor any lines, cable, equipment, wires or braces in connection with the facility, shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line. Coaxial cable and conduit from base station equipment to the wireless service provider's antennas shall be routed through entry and exit ports and shall be concealed from view (by traversing the distance between the base station equipment to the antennas through the internal portion of the tower) to the greatest extent possible. Screening. A. Wireless communication facility compounds shall be screened with minimum ten-foot walls, from grade. These walls must be composed of either (a) solid masonry or (b) wooden fencing set on steel rails with a maximum one-quarter-inch gap between wood slats and masonry columns with a minimum width of two feet and a maximum separation of 16 feet per column. The director of planning or his/her designee must approve all designs or variations to this standard. 189

190 B. Landscaping. The applicant must submit a landscaping plan in accordance with section [27-699] of this chapter. Further, an applicant must provide the planning department with a watering plan/schedule for the first 12 months subsequent to the issuance of a certificate of occupancy for the wireless communication facility to ensure the landscaping will survive. The director of planning or his/her designee must approve all designs or variations to this standard. C. All compound entry gates must be constructed of wooden slats set on steel rails. x. All compound facilities enclosing wireless communication facilities must be kept free of invasive weed and noxious plant species. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. Driveways. All driveways to compound facilities enclosing wireless communication facilities must be improved with a minimum three-inch thick asphaltic or cement surface. Compound size. No special use permit or administrative determination will be issued unless the applicant demonstrates that adequate base station equipment space is available for the number of collocators the communication tower is intended to accommodate. Power and telephone line burial. Overhead power and telephone lines are prohibited. All power and telephone lines must be buried to a depth of 36 inches below grade, from the source of the utility to the base station equipment or other equipment requiring power associated with the communication tower or wireless communication facility. Every communication tower shall be protected from trespass by unauthorized persons and shall contain an anti-climbing device to discourage climbing the communication tower. Communication towers and wireless communication facilities shall be constructed using best available engineering practices to ensure life and property safety. Mobile or immobile equipment not used in direct support of a wireless communication facility shall not be stored or parked on or adjacent the compound, unless repairs to the wireless communication facility are currently and actively being made. Lighting of building entries that are part of wireless communication facilities for security is permissible, provided the lights are downward facing 180 degree fixtures with no greater than one foot candle power and are otherwise compliant with section [27-699(b)(9)] of this chapter. All accessory buildings or structures accessory to communication towers shall meet all building design standards as listed in chapter 8, and require a building permit issued by the codes enforcement officer. XIX. All visible buildings, structures and equipment accessory to a communication tower shall be designed to blend in with the surrounding environment through the use of color, camouflage and architecture. No communication tower site may be situated in a designated historic overlay district unless the city's historic preservation commission approves the location and design. b. Application submission requirements for collocation facilities. 1. Applications for collocation facilities, wherever located, shall be submitted as final development plans subject to administrative determination by the director of planning pursuant to section [27-212(g)] of this chapter. 190

191 2. The following standards apply to any proposal to attach a wireless communication facility to an existing structure: i. The structure upon which collocation is proposed shall be at least 30 feet in height before a collocation facility may be erected upon, or attached to, it; ii. iii. iv. The structure to which the collocation facility is proposed to be attached may not be a structure designated by the historic preservation commission as a historic structure or be in a designated historic overlay district unless the historic preservation commission approves that collocation; The addition of wireless communication facilities to an existing structure shall not cause the height of that structure to increase by more than the greater of (i) ten feet in height, or (ii) (a) 20 percent of the structure's then-existing height or (b) the maximum height allowed in that zoning district, whichever is greater but not to exceed 20 feet. Any proposed increase in height beyond these height restrictions shall require approval through the special use permit process; Collocation facilities erected upon, or attached to, existing structures shall not be subject to standard setback requirements; v. Subject to applicable codes, collocation facilities, including accessory buildings and structures to be located on the same property, shall be located on the roof of the structure when the collocation structure is a building. If the accessory equipment, buildings and other structures can be safely located on the roof of the structure, the equipment (not including antennas) shall be set back from the edge of the roof at least five feet, and shall be painted to match the building or concealed with a screening wall; vi. Ground-mounted base station equipment shall be screened with a screening wall and landscaping as specified in [subsection (a)(30)k(a)4.ix of this section], unless an existing screening wall has already been constructed (e.g., around an existing communication tower); 3. Expansion of communication tower compounds. A communication tower compound may be expanded administratively if the base station equipment complies with the requirements set out in [subsection (a)(30)k(a)4.], and if the communication tower would be allowed subject to administrative determination pursuant to this chapter if newly proposed. The compound may additionally be expanded by administrative determination if the communication tower would not be subject to administrative determination under this chapter, but was a permitted use under the city's previously adopted zoning regulations. The compound may additionally be expanded by administrative determination if the expansion is within a previously approved special use permit boundary. All other communication tower compound expansions must adhere to the special use permit process. 4. Modifications to existing communication towers and wireless communication facilities. Any communication tower or wireless communication facility may be increased in height by not more than 20 percent of its originally approved height through the administrative determination process, provided that if the height increase would have rendered the communication tower prohibited in the first instance under this chapter, that increase is not authorized; provided further, if the increase would have rendered an otherwise administratively approved site subject to a special use permit under this chapter, the request shall be subject to the special use permit notice and hearing requirements. 191

192 l. Governing body action. 1. A request for the placement, construction or modification to a wireless communication facility or communication tower shall be acted upon within a reasonable period of time from the receipt of a complete submittal of an application, site plan and supporting documentation, as required in this chapter. 2. Denial of an application to place, construct or modify a wireless communication facility or communication tower shall be supported by findings based on substantial evidence and shall be provided in written form to the applicant. m. Maintenance and certification standards applicable to all communications facilities. The following maintenance and operating standards shall apply to any communication tower or wireless communication facility; 1. Any wireless communication facility that is not in use for a period of two or more years shall be removed by the owner at the owner's expense. Failure to remove the wireless communication facility, pursuant to non-use or for any other reason set out in this chapter, may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a Any owner of a communication tower shall submit a letter to the director of planning by July 1 of each year listing the current users and types of collocation facilities located on the facility. 3. A sign shall be posted on every wireless communication facility, or on the exterior fence around the wireless communication facility, noting the name and telephone number of the wireless communication facility owner and operator. 4. The owner/operator shall at all times employ at least ordinary care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public. 5. All communication towers and wireless communication facilities antennas shall conform to the requirements of the Occupational Safety and Health Administration (OSHA). n. Bonding required. 1. Safety. Before a communication tower is erected on publicly owned property, the owner of the communication tower must file with the county clerk a written indemnification of the city and proof of liability insurance sufficient to respond to claims up to $1,000,000.00, in the aggregate, that may arise from operation of wireless communication facilities within the city. 2. Removal. Before a building permit is issued for any communication tower, the applicant shall present a removal bond to the chief counsel in the amount of $50,000.00, which bond shall be available for use by the city for the removal of the communication tower should the communication tower ever be abandoned. The bond shall contain the following endorsement: "It is hereby understood and agreed that this instrument may not be canceled nor any intention not to renew be exercised until 60 days after receipt by the city, by registered mail, of written notice of such intent." 192

193 o. Inspections. All communication towers, whether existing or new, shall be inspected every five years by a Kansas licensed professional engineer at the tower owner's expense and an inspection report shall be filed with the director of planning. All communication towers and wireless communication facilities may be inspected at any time by the director of planning. The building official or their designee to determine compliance with original construction standards. Deviation from the original approved construction standards constitutes a violation of this Code and the zoning ordinance. Notice of violations will be sent by registered mail to the tower owner, who will have 30 days from the date the notification is issued to make adjustments or repairs. The tower owner shall notify the director of planning. The building official or their designee in writing that the adjustments or repairs have been made, and, as soon as reasonably possible thereafter, another inspection will be made by the director of planning. The building official or their designee to assess compliance. The tower owner shall then be notified of the results of the second inspection. An appeal of the decision of the codes enforcement officer can be made to the board of zoning appeals in accordance with section of this chapter. p. Amateur radio, receive-only and broadcast antennas. This chapter shall not govern any communication facility that is: 1. Less than 50 feet in height; 2. Located in the rear yard of a residentially zoned parcel; 3. Owned and operated by a federally licensed amateur radio operator; provided, however, that communications towers covered under this paragraph shall not be available for co-location by wireless service providers; or 4. Used solely to transmit and receive commercial AM, FM or television broadcast signals. q. Failure to enforce does not constitute waiver. No failure by the city or any of its departments to enforce any provision of this section shall constitute a waiver of the provisions thereof. Any failure of an owner or a section provider to comply with the terms of this section may subject the owner and/or provider to revocation of administrative or special permits, and penalties and municipal violations as set out below. r. Violations. Failure to comply with this chapter or any condition specified in an administratively or specially approved permit constitutes a code violation for which penalties and fines may be imposed. s. Severability. If any provision of this chapter shall be found to be invalid, that provision shall be severed from this and the remainder of the chapter shall remain in full force and effect. 31. Farmers' markets in the R through C-0 districts. a. Farmers' markets are allowed in A-G and C-1 through M-3 districts upon submitting an annual agreement with the department of urban planning and land use in these districts. B. The following uses are permitted only on approval of a special use permit regardless of the zoning district of the proposed location: 1. Airport or landing field. 2. Salvage yards only on M-3 or MP Campgrounds. 4. Cemeteries. 5. Firing ranges, gun clubs, skeet shoots. 6. Halfway houses, group dwellings. 193

194 7. Hazardous waste transfer stations, storage, processing or disposal sites only in M-3 or MP Massage parlors, adult live theaters, body painting salons, nude modeling studios, adult night clubs or cabarets only in C-3, M-2 or M-3 except that such uses shall not be approved if within 500 feet of any church, school (those permitted in residential districts), or residentially zoned area. The 500 feet shall be measured from the exterior of the building in which the specified business is to operate along the shortest line to the property line of the property to be separated. 9. Penal or correctional institutions. 10. Drinking establishments in which sales of alcoholic beverages are greater than restaurant food sales, class A or class B private clubs, taverns. 11. Radio, telephone, and television towers and appurtenance structures. 12. Solid waste transfer stations, solid waste storage, processing or disposal sites. 13. Special on-site signage as allowed under section Underground commercial and industrial development limited to uses permitted in the zoning district of the main entrance. 15. Any site, location, described or identified parcel of real estate, where earth material is to be brought in, removed, relocated or otherwise taken from one place to another, whether titled under the same, common, or different ownership, except no special use permit shall be required: a. Where the amount of earth material is less than 50 cubic yards; b. Where grading is a part of an approved subdivision development for which street and utility plans have been approved; c. Where grading, excavation or filling is required for a building project for which a building permit has been issued; d. Where the quantity of material is less than 5,000 cubic yards and is to be brought in or removed over a period shorter than 60 days to a site in commercial or industrial zoning districts accessible via commercial or industrial streets or major streets as designated on the major street plan; or e. Where the administrator determines that the proposed earth material moving is: 1. Necessary to abate an emergency situation which otherwise threatens health, safety, or the natural environment; or 2. Necessary to carry out a public capital improvements project. Grading and hauling permits shall be required as determined by the chief building inspector and unified government engineer respectively, regardless of these exceptions. 16. Flea markets, only in the C-1 limited business, C-2 general business, C-3 commercial, C-D central business, M-1 light industrial and industrial park, M-2 general industrial, and M-3 heavy industrial districts. 17. Lottery gaming facilities, racetrack gaming facilities, lottery gaming enterprises, and pari-mutuel license locations and their related facilities or campuses only in the CP-2 planned general business district subject to the following criteria: a. Any approval shall be for one year unless the facility is granted a lottery gaming license or a parimutuel gaming license from the state. In the case that a facility is granted a lottery gaming license or a pari-mutuel gaming license from the state, the term of the special use permit shall be for the initial term of the state license. 194

195 b. The special use permit must be renewed prior to the expiration of any lottery gaming license or a pari-mutuel gaming license. The renewal will only be valid if a lottery gaming license is granted by the state. c. In addition to the standards of the CP-2 planned general business district, any lottery gaming facility, racetrack gaming facility, lottery gaming enterprise, or pari-mutuel license location and their related facilities or campuses shall be subject to the development standards of the overlay district for commercial design guidelines (Ordinance No ) regardless of the location within the city. d. A racetrack gaming facility may be located at any existing pari-mutuel racetrack location without securing a special use permit under this subsection (b)(17). Any new building or any substantial modification to site improvements would be a significant revision of the preliminary plan approved for the special use permit for a pari-mutuel thoroughbred, quarter horse and greyhound racing facility and would require approval following the procedures applicable to revisions to preliminary plans under section Any improvement to the exterior of any building or to site improvements at an existing pari-mutuel location shall be subject to the development standards of the Overlay District for Commercial Design Guidelines and the standards of the CP-2 Planned General Business District. 18. Liquor stores with a minimum separation distance of 1,300 feet between any new liquor store location and any existing or proposed liquor store location, church, school, or public park. These distances are to be measured from the nearest property lines of each location. 19. Used car/truck lots and light automotive service and maintenance only in C-2 general business district, C- 3 commercial district, M-1 light industrial and industrial park district, M-2 general industrial district, and M-3 heavy industrial district subject to the following criteria: a. Repurposing of structure(s) for used car/truck lots or light automotive service and maintenance. 1. Upgrade parking, including striping and/or resurfacing of parking lots, if deemed necessary by staff. 2. Landscaping, screening, and façade improvements to meet commercial design guidelines. b. Signage. 1. Following all permanent sign requirements under section Following all special event display requirements under section No display on sidewalks. c. Façade, landscaping, and screening. 1. For new buildings: i. All commercial design guidelines and district regulations shall be upheld in C-3 commercial districts including, but not limited to, the creation of quality development with respect to site planning, architectural design and landscaping. ii. Commercial uses in industrial districts shall be subject to commercial design guidelines. 2. For existing structures: i. Such modifications as: 1. Restoring original brick. 195

196 2. Any necessary repair of the facade. 3. New doors or windows if existing fixtures are in disrepair. 4. Substantial effort beyond simply painting the building is necessary. Brick structures must be cleaned, paint removed and tuck pointed. 5. For non-brick buildings in addition to paint, additional architectural embellishments such as a brick wainscot may be required. d. Condition of automobiles/trucks. 1. Automobiles/trucks available for sale, rent or lease must not be inoperable, ruined, dismantled or wrecked. e. Parking. 1. The display area shall not be placed within a required parking/paving setback area and shall not reduce the capacity of a parking lot below that required by sections through Parking shall be upgraded to current standards and regulations including medians, landscaping, and screening. 3. Each automobile shall be in a striped, designated parking space. f. Install/repair sidewalks per code. 20. Heavy automotive/truck service, repair, and mechanics only in C-3 commercial district, M-1 light industrial and industrial park district, M-2 general industrial district, and M-3 heavy industrial district subject to the following criteria: a. Repurposing of structure(s) for heavy automotive/truck service, repair, and mechanics. 1. Upgrade parking, including striping and/or resurfacing of parking lots, if deemed necessary by staff. 2. Landscaping, screening, and façade improvements to meet commercial design guidelines. b. Signage. 1. Following all permanent sign requirements under section Following all special event display requirements under section No displays on sidewalks. c. Façade, landscaping, and screening. 1. For new buildings: i. All commercial design guidelines and district regulations shall be upheld in C-3 commercial districts including, but not limited to, the creation of quality development with respect to site planning, architectural design and landscaping. ii. Commercial uses in industrial districts shall be subject to commercial design guidelines. 2. For existing structures: a. Such modifications as: 1. Restoring original brick. 196

197 d. Parking. 2. Any necessary repair of the facade. 3. New doors or windows if existing fixtures are in disrepair. 4. Substantial effort beyond simply painting the building is necessary. Brick structures must be cleaned, paint removed and tuck pointed. 5. For non-brick buildings in addition to paint, additional architectural embellishments such as a brick wainscot may be required. 1. Parking of the automobiles under heavy service, repair, or mechanics shall not be placed within a required parking/paving setback area and shall not reduce the capacity of a parking lot below that required by sections through Parking shall be upgraded to current standards and regulations including medians, landscaping, and screening. 3. Each automobile shall be in a striped, designated parking space. e. Install/repair sidewalks per code. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 1, ; Ord. No , 7, ; Ord. No , 21, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 11, ; Ord. No , 1, 2, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No. O-65-98, 1, ; Ord. No. O-31-99, 2, ; Ord. No. O-85-00, 1, ; Ord. No. O-48-02, 2, ; Ord. No. O-91-02, 1, ; Ord. No. O-41-05, 3, ; Ord. No. O-55-07, 1, ; Ord. No. O-16-08, 1, ; Ord. No. O-1-10, 1, ; Ord. No. O-66-10, 1, ; Ord. No. O-42-15, 1, ; Ord. No. O-66-15, 1, ) Secs Reserved. DIVISION 7 - ACCESSORY USES Sec Generally. A. Buildings and structures may be erected and land may be used for purposes which are clearly subordinate and incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof and shall be on the premises of the main use. The determination of the eligibility of a proposed use as an accessory use shall be made by the planning staff. B. No private walk or drive serving a district C-1 to M-3 inclusive shall pass through or be located in a residential or agricultural district. (Code 1988, ; Ord. No , 1( ), ) Sec District AG. In the AG district, accessory uses are as follows: 197

198 1. Storage of equipment and machinery as necessary to raise crops and livestock, to carry out the farming business and to maintain the property. 2. Sale of products raised on the premises, fruit stands, orchard sales, etc. 3. Accessory buildings such as barns, silos, other exclusively agricultural structures, roadside stands, etc., provided that such structures are set back at least 50 feet from any street line. 4. Farmers' markets. a. Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Farmers' markets that take place outside of the following zoning districts require a special use permit. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-66-15, 1, ) Sec Districts R-1, R-1(B), R-2, R-2(B). In the R-1, R-1(B), R-2 and R-2(B) districts, accessory uses are as follows: 1. Home occupations. Customary home occupations may be allowed subject to the issuance of a home occupation permit by the planning division. The following conditions and restrictions shall apply to such customary home occupations: Home occupations that do not meet the criteria of this subsection shall be permitted only by special use permit but must meet accessory use requirements regarding storage of equipment, material, or vehicles. a. No exterior advertising or signs will be erected and no outside display or activity that depicts other than residential activity will be allowed. Advertising shall not include any address, but only a telephone number. b. Only members of the immediate family residing on the premises will participate in the home occupation on the premises. c. No machinery or equipment will be used that will interfere with radio or television reception on nearby property. d. No heavy equipment, trucks of greater than 10,000 pounds GVWR or other objects that are not typically residential in character will be stored on the premises. e. No sales of merchandise will be conducted on the premises, and no service will be rendered that will require customer presence except on an irregular and incidental basis, but babysitting is excluded from the standard. f. No inventory or storage, other than samples, is maintained on the premises. 2. Accessory buildings (garages, carports, tool sheds, etc.). For any dwelling unit there may be permitted a detached accessory building. Such building shall not be located, in front of the house, less than two feet from any alley, nor closer than three feet to any side or rear property line. In the case of corner lots, a detached accessory building shall not be within 20 feet of the side street. The total area of such detached accessory building shall not exceed 1,000 square feet or cover more than 30 percent of the required rear yard. In any residential district on lots or tracts of less than three acres, the following conditions shall apply to any detached accessory building of greater than 120 square feet in floor area: a. The exterior wall materials shall be limited to customary residential finish materials. These specifically include: horizontal clapboard siding of all materials; wood and plywood siding; stone and brick, both actual and artificial, and textured finishes such as stucco and stucco board which visually cover the underlying material regardless of the underlying material. These specifically exclude preformed, corrugated or ribbed metal, fiberglass or plastic sheets or panels. Also, excluded as an exterior material 198

199 are standard concrete masonry units. Exception: Metal can be used for the walls of the unit provided they have a factory applied and painted finish closely matching the color of the primary structure. Also, excluded as an exterior material are standard concrete masonry units except when the walls of the building are painted the exact color of the primary structure. b. The exterior roofing materials for roofs sloped more than two in 12 shall be shingles or tiles and not metal, fiberglass or plastic sheets. Exception: If using a metal roof the color must be a factory applied and painted finish that closely matches the roof color of the primary structure or the color of the primary structure itself if the roof and walls of the accessory structure are to be the same color. c. Up to two accessory structures existing in a side or rear yard and not in the front yard of a single property prior to April of 2008 are exempt from these regulations. Kansas City, Kansas 2008 Aerial photography will be used to make this determination. d. Accessory structures constructed after April of 2008 may be granted a variance upon written notarized approval from abutting neighbors impacted by the setback. e. Any accessory structure located in a front yard must obtain a variance from the board of zoning appeals. f. Any parcel with more than one accessory structure where the structures do not conform to subsection (c) of this section must obtain a variance from the board of zoning appeals. 3. Animals. Horses, ponies, cows, chickens, or other customary animals may be kept in accordance with the requirements of the public health department, except that on a lot or tract of less than five acres in size, a special use permit shall be required. If so approved, accessory barns or stables are permitted under the standards for accessory buildings. 4. Hobby activity. A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that the articles produced or constructed are not sold either on or off the premises. 5. Additional uses. Such additional accessory uses as private swimming pools, television and radio antennae or dishes, wind power generators, solar collectors, flagpoles, play equipment, and tool sheds are permitted under the following conditions: a. Swimming pools, television and radio antennae or dishes greater than two feet in diameter, wind power generators, and tool sheds are not permitted in the front yard or in required side yards. b. Solar collectors shall not extend more than three feet above the highest point of the roof. c. Television dishes shall not exceed 12 feet in diameter or more than 15 feet above grade. d. No accessory use shall exceed 60 feet in height. e. Any accessory use which exceeds ten feet in height shall be located a distance inside the property line at least equal to one-third its height, except that any wind power generator shall be set back a distance no less than its height. 6. Storage of equipment, material or vehicle. Only motor passenger cars, other operable domestic equipment, material or vehicles, or a truck of 10,000 pounds GVWR or less shall be kept, parked or stored for more than 48 hours in any 30-day period in a residential area. Only a single one of each of the following may be stored: truck other than customary vans or pickup trucks, camping trailer, hauling trailer, boat, or recreational vehicle. The parking of vehicles or equipment shall not occur on lawn areas, or other locations that tend to visually downgrade the property and neighborhood. Parking shall be limited to areas that have an improved surface and such areas shall generally be located in close relationship to the garage or an otherwise vehicleoriented section of the premises or be located in the rear yard, so that the lawn areas upon which the living section of the dwelling faces can be attractively maintained with grass, trees and shrubs. Use of any yard area for commercial or any non-residential or ongoing non-resident parking purposes is prohibited. 199

200 (Code 1988, ; Ord. No , 1( ), ; Ord. No , 22, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No. O-22-09, 1, ; Ord. No. O-36-12, 1, ; Ord. No. O-40-15, 1, ) Sec Districts R-3, R-4, R-5, R-6 and R-M. In the R-3, R-4, R-5, R-6 and R-M districts, accessory uses are as follows: 1. Those accessory uses permitted in the R-1 district. 2. Parking areas. 3. Recreation areas including tenant-used swimming pools and minor recreational buildings. 4. Trash collection centers. 5. Power generators. 6. Vending machines for tenant use. 7. Necessary offices and maintenance facilities and other similar uses. (Code 1988, ; Ord. No , 1( ), ) Sec District C-O. A. In the C-O district, accessory uses are as follows: 1. Parking areas. 2. Food service and vending machines inside a building for tenants only. 3. Private garages for motor vehicles. 4. Apartment for maintenance personnel. 5. Low-level exterior lighting. 6. Radio, television or microwave antennae not exceeding 60 feet in height. 7. Flagpoles. 8. Cooling towers and other similar uses. 9. A pharmacy wherein retail sale only of prescription medicines, drugs, and pharmaceutical and orthopedic devices customarily incident to the practice of medicine occurs, shall be allowed as an accessory use in an office building provided that no less than five physicians occupy offices within the building. No direct exterior entrance to the pharmacy and no exterior sign or advertising relative to the pharmacy shall be permitted. 10. Farmers' markets. a. Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in these districts. Farmers' markets that take place outside of the following zoning districts require a special use permit. B. In high-rise office structures in district 0-0, uses as permitted in district 0-1 are permitted as accessory to a high-rise structure at least six stories in height and at least 100,000 square feet gross building area. C. In the central business district uses as permitted in district 0-1 are also permitted as accessory uses. D. The accessory retail uses in district C-O shall be limited to no more than 20 percent of the gross building area. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 23, ; Ord. No. O-66-15, 1, ) 200

201 Sec Districts C-1, C-D, C-2 and C-3. In the C-1, C-D, C-2, and C-3 districts, accessory uses are as follows: 1. Those accessory uses permitted in district C-O. 2. Parking areas. 3. Storage buildings. 4. Signs as permitted by this article. 5. Floodlighting and other similar uses. 6. Exterior sales and vending on private property provided that: a. The sales or vending area does not block an interior sidewalk. b. Exterior sales and vending is only permitted on private property unless it complies with the street vending ordinance. c. The sales or vending area leaves adequate space for vending customers and those using the sidewalk. d. Video rental vending machines are not allowed in exterior locations except under the following circumstances: 1. The site does not have a drive-thru window or drive-up service. 2. At least 15 percent of the facility traffic is generated by pedestrians walking from the surrounding neighborhood. 3. The machine is located so as to not interfere with vehicular traffic; and 4. There is sufficient stacking area for pedestrians to wait on a sidewalk. 5. The area where the device is placed is monitored by a security camera. e. Any outdoor sales area must remain neatly organized. f. Any outdoor sales or vending area must be flush with the facade of the building. g. No more than two outdoor sales or vending areas are permitted. h. No additional signage that would require a permit is allowed. i. The area allowed for outdoor sales or vending may not exceed 64 square feet. j. No signage is allowed beyond the surface of the device. k. These facilities are not permitted in the official commercial overlay zone area west of 94th Street or on new projects in planned districts. 7. Collection facilities are permitted for clothing or recycling provided: a. The facilities are located at within 20 feet of the rear property line, or as far from a public street as the site design will allow. b. Does not create a significant lack of parking. c. Dumpster style recycling facilities must be screened on three sides. d. Overflow dumping around the facility is not allowed. e. Facilities must remain neatly painted. Facilities that are damaged, rusty or significantly faded paint are not permitted. 8. Farmers' markets. 201

202 a. Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in these districts. Farmers' markets that take place outside of the following zoning districts require a special use permit. 9. Food truck and mobile vending. a. Food trucks and mobile food vendors are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Food trucks or mobile food vendors that operate outside of the following zoning districts require a special use permit. All vending vehicles must comply with the following stipulations: 1. The sales or vending area does not block an interior sidewalk and sidewalk remains ADA compliant. 2. There is sufficient stacking area for pedestrians to wait on a sidewalk. 3. Vendor does not install any permanent improvement on the sidewalk. 4. Vehicle is not parked in a no-parking zone. 5. Does not occupy parking required for other businesses. 6. If in a metered spot, meter is paid. 7. Proper trash receptacles are available and utilized. 8. Hours of operation do not exceed 9 p.m. Sunday through Thursday and 11 p.m. Friday through Sunday. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-14-11, 1, ; Ord. No. O , 1, ; Ord. No. O-67-15, 1, ) Sec Districts M-1; M-2 and M-3. In the M-1, M-2 and M-3 districts, accessory uses are as follows: 1. Parking and loading areas. 2. Storage facilities. 3. Security and screen fencing. 4. Radio and microwave towers to heights as set out in this division. 5. Gatehouse. 6. Loading equipment. 7. Employee recreation and other similar uses. 8. Power generating wind turbines that do not exceed 100 feet in height to the tip of the tallest turbine blade and where they are set back from the property line at least twice the diameter of the turbine rotors. 9. Farmers' markets. a. Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in these districts. Farmers' markets that take place outside of the following zoning districts require a special use permit. 10. Food truck and mobile vending. a. Food trucks are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Food trucks that operate outside of the following zoning districts require a special use permit. All vending vehicles must comply with the following stipulations: 1. The sales or vending area does not block an interior sidewalk and sidewalk remains ADA compliant. 2. There is sufficient stacking area for pedestrians to wait on a sidewalk. 202

203 3. Vendor does not install any permanent improvement on the sidewalk. 4. Vehicle is not parked in a no-parking zone. 5. Does not occupy parking required for other businesses. 6. If in a metered spot, meter is paid. 7. Proper trash receptacles are available and utilized. 8. Hours of operation do not exceed 9 p.m. Sunday through Thursday and 11 p.m. Friday through Sunday. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-14-12, 1, ; Ord. No. O-66-15, 1, ; Ord. No. O-67-15, 1, ) Sec District TND. In the TND district, accessory uses are as follows: 1. Those accessory uses permitted in district AG through districts C-1, C-D, C-2, and C-3 districts. 2. Farmers' markets. a. Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Farmers' markets that take place outside of the following zoning districts require a special use permit. 3. Food truck and mobile vending. a. Food trucks are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Food trucks that operate outside of the following zoning districts require a special use permit. All vending vehicles must comply with the following stipulations: 1. The sales or vending area does not block an interior sidewalk and sidewalk remains ADA compliant. 2. There is sufficient stacking area for pedestrians to wait on a sidewalk. 3. Vendor does not install any permanent improvement on the sidewalk. 4. Vehicle is not parked in a no-parking zone. 5. Does not occupy parking required for other businesses. 6. If in a metered spot, meter is paid. 7. Proper trash receptacles are available and utilized. 8. Hours of operation do not exceed 9 p.m. Sunday through Thursday and 11 p.m. Friday through Sunday. (Ord. No. O-66-15, 1, ; Ord. No. O-67-15, 1, ) Editor's note Ord. No. O-66-15, adopted Dec. 10, 2015, renumbered the former and as and and enacted a new as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Sec Particular uses. A. Motor hotels. The following are permitted accessory uses within a motor hotel, provided all are within the main building and designed to serve primarily the occupants and patrons of the motor hotel: 1. Restaurants. 2. Banquet rooms. 203

204 3. Liquor sales. 4. Notions and magazine counters. 5. Vending machines. 6. Beauty shops and barbershops. 7. Flower and gift shops. 8. Games and arcades. B. Hospitals. The following are permitted accessory uses within a hospital: 1. Residential quarters for staff and employees. 2. Nursing or convalescent quarters. 3. Storage and utility buildings. 4. Food service and vending machines. 5. Laundry and other similar services for hospital personnel, visitors and patients. C. Utility buildings. Outside storage of materials and equipment is accessory to utility buildings provided all outside storage is screened from view off the premises. D. Telecommunication towers and antennas. 1. Antennas and support structures may be installed on any legally existing structure, including any tower, building, light pole, water tower, or sign, that is 50 feet in height or greater, so long as said antennas and support structures add no more than 20 feet to the height of the existing structure. Such antennas and support structures are permitted even when they may be considered secondary as opposed to accessory. 2. A legally existing structure may not be replaced or reconstructed to support antennas unless it meets the requirement for the specific use in the specific zoning district. This may require special use permit approval or development plan approval. 3. Equipment, buildings, and site improvements that must be placed on the ground may require development plan approval as required for the specific use in the specific zoning district. 4. Telecommunication towers and antennas shall be permitted as an accessory use to public and semipublic uses subject to a maximum height of 75 feet, preliminary development plan approval and to the six criteria set out under section (a)(30). 5. This section does not alter permitted accessory antennas set out in sections (Code 1988, ; Ord. No , 1( ), ; Ord. No , 5, ; Ord. No. O-66-15, 1, ) Editor's note See editor's note to Sec Special use permits. Any of the accessory uses listed in this division may be specifically prohibited or further controlled by restrictions written into a special use permit prior to its being approved. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-66-15, 1, ) Editor's note See editor's note to Secs Reserved. DIVISION 8 - HEIGHT AND AREA EXCEPTIONS 204

205 Sec Generally. The regulations and requirements as to height of buildings, required yards, etc., in this division are subject to the exceptions and additional regulations in this division. (Code 1988, ; Ord. No , 1( ), ) Sec General height exceptions. A. Public or semipublic buildings, hospitals, sanitariums, schools or homes for the elderly in any zoning district in which such use is permitted may be erected to a height not exceeding 75 feet when their front, side and rear yards are increased one additional foot for each foot such buildings exceed 35 feet. Telecommunication towers on the site of such a use are subject to these height restrictions. B. The height limitations contained in the district regulations do not apply to chimneys, towers, penthouses, scenery lofts, monuments, cupolas, domes, belfries, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy. However, permitted uses accessory to residential dwellings, such as television and radio receiving antennae shall not exceed 60 feet in height. Any such accessory use which exceeds ten feet in height shall be located a distance inside the property line at least equal to one-third its height. C. Antennas and support structures may be installed on an existing structure even if they will exceed the height requirements of the district if they extend no more than 20 feet above the roofline and meet all other requirements. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 6, ) Sec Calculation of yards. A. For the purpose of side yard regulations, a two-family dwelling shall be considered as one building occupying one lot. B. The front, side and rear yard requirements for dwellings shall be waived where dwellings are erected above stores, shops or industries. C. In computing the depth of a rear yard for any building where such yard opens into an alley, one-half of such alley may be assumed to be a portion of the rear yard. (Code 1988, ; Ord. No , 1( ), ) Sec Increased yard requirements. A. Major streets. On streets designated on the major street system, as provided in division 12 of this article, the depth or width of a yard shall be measured from such official line to the nearest line of the building. B. Sight distance. All corner lots shall provide two sight distance triangles, the short leg of which shall be 15 feet and the long leg of which shall be 140 feet measured along the curbline or edge of pavement. Such area shall be and shall remain free of shrubbery, fences or other obstruction to vision more than two feet high measured from the roadway. C. Additional setbacks on certain park ways. The following additional setbacks are put in place to protect the investment of the unified government in certain major street improvements and to enhance and preserve the spacious appearance of certain parkways. 1. Applicability. The requirements contained herein shall apply to the following major streets except when more restrictive requirements apply in the established zoning district: 205

206 a. Parallel Parkway, from 3rd Street to the western city limits. b. 57th Street, from State Avenue to Kaw Drive. c. Meadowlark Lane, from Parallel Parkway to State Avenue. d. 59th Street, from Leavenworth Road to Parallel Parkway. e. 77th Street/78th Street from Leavenworth Road to Kaw Drive. 2. Setback from property line. a. Front yard. Not less than 30 feet. b. Corner side yard. Not less than 30 feet. c. Parking and paved areas. Not less than 15 feet. (Code 1988, ; Ord. No , 1( ), ) Sec Reduced yard requirements. A. Established setback. Where the majority of developed lots on the same street frontage and within 100 feet of a proposed building site are developed with buildings having a front yard or corner side yard less than required in this division, a building may be erected at the average front yard line of such nonconforming buildings unless such adjacent buildings are in the process of being acquired for street widening. B. Earth-sheltered dwellings. All portions of an earth-sheltered dwelling which are visible in whole or in part above the finished grade line, including, but not limited to, wing walls, retaining walls, and other such integral and necessary components of the dwelling's structure, shall conform to the applicable minimum yard requirements of the relevant zoning district. Those portions of the structure that are wholly underground may be exempted from these minimum requirements in the course of the review process, provided that all requirements of the International Building Code, as adopted and amended by the unified government, are met. C. Rear yard not required. No rear yard shall be required in districts C-1 to M-3 inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railroad right-of-way or which has a rear railroad track connection. D. Accessory residential buildings. An accessory building to a residential use may occupy not more than 30 percent of a required rear yard, and no accessory building shall be located within three feet of any side or rear property line or less than two feet from an alley. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 12, ; Ord. No , 24, ) Sec Projections into required yards. A. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of such projections shall project into a minimum yard more than 30 inches. B. No projection shall extend over the street line more than five percent of the width of such street, and in no case project more than four feet. C. Open or enclosed fire escapes, fireproof outside stairways, open porches and balconies projecting into a minimum yard or court not more than 3½ feet and the ordinary projections of chimney and flues may be permitted by the building official where same are so placed as to not obstruct the light and ventilation. In addition, canopies or open porches having a roof area of no more than 60 square feet may project a maximum of six feet into the required front or rear yard. 206

207 D. Unenclosed decks with floor surfaces not more than 30 inches above grade may extend into the rear yard a distance of up to one-third the required rear yard. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 3, ) Secs Reserved. DIVISION 9 - PARKING AND LOADING Sec Parking spaces required. For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, and for all uses established, off-street parking in the form of garages or areas made available exclusively for that purpose shall be provided. Such parking space and necessary maneuvering areas shall be located entirely on private property with no portion except the necessary drives extending into any street or other public way. Parking shall be provided in the quantities stated in the individual zoning district regulations, except that certain occupancies that may have special parking needs are listed separately in this division. These requirements shall apply unless specifically exempted in the applicable zoning district. The issuance of building permits, zoning certificates or certificates of occupancy shall require compliance with the minimum standards in this division even though a development plan may have been approved previously which included fewer parking spaces due to the unknown or changing status of occupants. In those cases of shopping centers having 400,000 or more square feet of total floor area, as defined herein, and where parking and building patterns are such that overlapping usage of a majority of the total number of parking spaces in the center may readily occur, compliance with the standard retail parking ratios shall be considered adequate. (Code 1988, ; Ord. No , 1( ), ) Sec Special parking needs. A. The following uses shall require off-street parking as indicated: 1. Adult nightclubs or cabarets. One space for each two occupants calculated by maximum occupancy as determined by the building code. 2. Athletic fields, stadiums, miniature golf courses, gymnasiums, indoor athletic facilities. Spaces for these uses shall be as determined by the planning commission. 3. Bowling alleys. Five spaces for each alley, plus additional spaces based on accessory bars or restaurants. 4. Churches, chapels. One space for each six seats or nine linear feet of seating area. 5. Eating places, restaurants, dining rooms, snack bars. One space for each 50 square feet of seating area plus one space for each remaining 300 square feet of total floor area. Such establishments with less than 500 square feet of seating area shall supply at least ten off-street parking spaces. 6. Group dwelling. One parking space for each guest room and one parking space for each employee during the peak shifts or make specific legally binding commitments that assure that normal daily parking needs are met on site and/or on the adjacent streets directly abutting the property. 7. Hospitals, nursing homes. One space for each staff member plus one space for each four beds. 8. Hotels, motels. One space for each guest room plus one space for each two employees on the largest shift, plus adequate parking for banquet rooms, meeting rooms, restaurants and lounge areas. 9. Medical and dental clinics. One space for each 200 square feet of floor area. 10. Mortuaries. One space for each two employees plus one space for each four seats. 207

208 11. Places of assembly, auditoriums, theatres, and concert halls. One space for each four seats. 12. Taverns or private clubs serving alcoholic or cereal malt beverages, bingo parlors, discotheques, dance halls. One space for each 50 square feet of seating or assembly area plus one space for each remaining 200 square feet of total floor area. B. Any use not included in the parking requirements found in this article shall be assigned a parking requirement by the planning commission. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 9, ; Ord. No , 25, ; Ord. No , 4, ) Sec Dimensions of parking areas. A. Standard parking stall dimensions shall be not less than nine feet by 18 feet, plus the necessary space for maneuvering into and out of the space. For standard parking lots the minimum cross dimensions shall be as follows: 1. Ninety-degree pattern, single loaded aisle: 44 feet. 2. Ninety-degree pattern, double loaded aisle: 60 feet. 3. Sixty-degree pattern, single loaded aisle: 37 feet with one-way drive. 4. Sixty-degree pattern, double loaded aisle: 57 feet with one-way drive and 60 feet with two-way drive. 5. Forty-five degree pattern, single loaded aisle: 33 feet, with one-way drive. 6. Forty-five degree pattern, double loaded aisle: 49 feet with one-way drive; 52 feet with two-way drive. 7. Parallel space: Nine by 23 feet, each space. B. If vehicles can overhang wheel stops or curbs on one or both sides of the single or double loaded module, the dimensions set out in subsection (c) of this section can be reduced two feet for each side where vehicles can overhang. Obviously, this is not possible where there are walls, tall curbs, or adjoining parking spaces. C. In office parking areas with low parking turnover and high user familiarity, 30 percent of the required offstreet parking may be designated for small cars and spaces not less than eight feet by 16 feet utilized. Acceptable aisle width, layout of spaces and overall design of the parking area shall be shown on the final development plan. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 12, ) Sec Delay of portion of parking improvements. A portion of the required parking area may remain unimproved until such time as the unified government board of commissioners deems it must be improved to serve the parking demand adequately. Such delayed improvement may be permitted only after the planning commission is satisfied that the initial occupancy of the premises will be adequately served by the lesser number of spaces, and only after approval of a final development plan clearly indicating the location, pattern and circulation to and from the delayed parking spaces. The land area so designated for future parking shall be brought to finished grade, be landscaped, and shall not be used for building, storage, loading or other purposes. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 26, ; Ord. No , 13, ) Sec Joint use of portion of parking improvements. 208

209 Two or more uses may provide for required parking in a common parking lot if the total spaces provided are not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by the planning commission if it can be demonstrated that the hours of peak parking demand for the uses are so different that a lower total will provide adequately for all uses served by the facility. A properly drawn legal instrument shall be executed by the responsible parties and joint use parking privileges shall continue in effect only so long as it remains in force and the approved uses and hours continue. (Code 1988, ; Ord. No , 1( ), ) Sec Location of parking spaces. Required off-street parking shall be on the same zoning lot as the principal use served or within 100 feet, or in the case of employee parking within 300 feet of the same lot. (Code 1988, ; Ord. No , 1( ), ) Sec Additional parking regulations. A. Any lights used to illuminate the parking area shall be so arranged, located or screened as to direct light away from any adjoining or abutting residential district. B. Head-in parking from a public street in customary driveways shall be permitted only for single-family, twofamily or townhouse dwellings. Paved parking areas or customary driveways in the required yards abutting streets shall not exceed 40 percent of the area of those yards for one- and two-family dwellings. Such drives shall not exceed 40 feet in width at the street line. Parking shall be limited to such paved parking areas or customary driveways in required yards adjacent to streets. C. The planning commission may require that a parking area be screened on any side where it may adversely affect adjacent property, by a wall, screen planting, or fence of a height that the commission deems adequate. D. Drives providing access to public streets shall be set as far as possible from intersections. This setback shall be a minimum of 30 feet measured from the closest portion of the entrance measured at the property line to the nearest right-of-way line of the intersecting street, except when ownership dimensions or other factors make such setback prohibitive. (Code 1988, ; Ord. No , 1( ), ) Sec Loading and maneuvering facilities. A. Generally. Loading and maneuvering shall be designed and conducted to minimize interference with the flow of traffic on adjacent streets. Wherever possible, loading facilities shall be designed in such a way that vehicles maneuvering into or out of loading or maintenance facilities shall be off the public right-of-way. B. Required loading and maneuvering areas. 1. Truck terminals shall provide an unobstructed loading and maneuvering area between the loading dock or other loading facility and the edge of the maneuvering area opposite it equal to at least twice the length of the largest tractor trailer rig serving the facility. 2. Other buildings or uses shall provide at least 30 feet plus the length of the largest vehicle serving the facility. This is a minimum requirement and industrial uses having a high level of tractor trailer traffic will require additional loading and maneuvering area in order to minimize interference with traffic on adjacent streets. Such additional maneuvering and loading areas may be required in the plan approval process. 209

210 3. The largest vehicle serving a facility shall be determined by taking into consideration the number of docks, dock height, size of building, and current vehicle lengths. C. Exceptions. 1. The loading and maneuvering area may be reduced to a distance of ten feet plus the length of the largest vehicle if the facility has only a single loading dock or door on a street frontage which is not a part of the major street system or if the largest vehicle can drive through the building without having to back in or out. 2. The loading and maneuvering area may be reduced when related to the reuse of or addition to an existing building, when the planning commission determines that no reasonable alternative exists and that the gain to the public from avoiding the economic obsolescence of the building outweighs any threat to the public safety or to the smooth flow of traffic. (Code 1988, ; Ord. No , 1( ), ) Sec Improvement and maintenance. A. Generally. All parking, loading and maneuvering areas except those serving single-family dwellings or agricultural uses shall be graded and surfaced with a permanent bituminous or concrete pavement. The minimum such surface shall be two inches of asphalt over six inches of compacted gravel. The unified government engineer shall determine acceptable alternatives. All parking spaces shall be clearly marked. All improvements shall be designed and constructed as necessary to prevent dust, erosion, excessive water flow across streets or adjoining property, and to control traffic. All off-street parking, loading and maneuvering areas shall be physically restricted to paved areas through the use of wheel stops or curbing, unless, in the opinion of the unified government engineer, wheel stops would create drainage problems. In such cases continuous curbing shall be provided to restrict traffic. Curbing and wheel stops shall be designed and installed as approved by the unified government engineer. Drives greater than 100 feet long which provide access to parking or loading areas but which do not adjoin or abut parking or loading areas may not be required to provide continuous curbing or anchored wheel stops at the discretion of the unified government engineer. Failure to keep such areas in satisfactory condition that is free from holes, clearly delineated, etc. shall constitute a violation of this article. A less but dust-free standard of improvement may be permitted by the unified government engineer for industrial storage yards used exclusively for inoperable vehicles, parts, building materials, supplies and equipment of heavy construction equipment and not for parking, loading or maneuvering. B. Single-family dwellings or agricultural uses. 1. Parking, loading and maneuvering areas for new single-family residences or for replacement or expansion of existing asphalt or concrete areas shall be improved with a permanent asphalt or concrete pavement to the standards set out in subsection (a) of this section. The only exception shall be where the new single-family residence is set back more than 100 feet from a public street or approved private street. In that case, only that portion of the parking, loading and maneuvering areas in the right-of-way and within 25 feet of the right-of-way must be paved. A four-inch depth of gravel or its equivalent is acceptable beyond this area. 2. Parking, loading and maneuvering areas for agricultural uses on ownerships of five acres or more shall be paved or improved with a four inch depth of gravel or its equivalent. 3. For existing single-family dwellings, a driveway ten feet in width or less extending directly from the street or alley to the garage, or from the street or alley to the house if there is no garage, or to the rear yard, can be paved in its entirety, or as continuous concrete wheel paths, or improved in its entirety with a minimum four inch depth of gravel or its equivalent. Any other parking, loading, or maneuvering areas 210

211 must be paved with a minimum of two inches of asphalt over six inches of compacted gravel or its equivalent, as subject to the provisions of subsection (a) of this section. If the parking, loading or maneuvering area is in the rear yard it may be improved with a minimum four inch depth of gravel so long as it includes less than 40 percent of the rear yard and less than 1,000 square feet in area. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 27, ; Ord. No. O-11-97, 1, 2, ) Sec Parking for individuals with disabilities. A. In conformance with the Americans with Disabilities Act (ADA), if parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces shall be provided in each such parking area in conformance with the following table. Spaces required by the table need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance cost and convenience, is ensured. Total Parking Spaces in Lot Required Minimum Number of Accessible Spaces 1 to to to to to to to to to to percent of total 1001 and over 20 plus 1 for each 100 over 1, Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. 2. Parking spaces. Accessible parking spaces shall be at least eight feet wide. Except as provided in subsection (b) of this section, access aisles adjacent to accessible spaces shall be at least five feet wide. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent) in all directions. 3. Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Spaces complying with subsection (b) of this section shall have an additional sign "Van- Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parking in the space. 4. Vertical clearance. Minimum vertical clearance of nine feet, six inches shall be provided at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrances and exits. At parking spaces complying with subsection (b) of this section, minimum vertical clearance of 211

212 eight feet, two inches shall be provided at the parking space and along at least one vehicle access route to such spaces from site entrances and exits. B. One in every eight accessible spaces, but not less than one, shall be served by an access aisle a minimum of eight feet wide and shall be designated "Van-Accessible." All such spaces may be grouped on one level of a parking structure. C. If passenger loading zones are provided, then at least one passenger loading zone shall provide an access aisle at least five feet wide and 20 feet long adjacent and parallel to the vehicle pullup space. If there are curbs between the access aisle and the vehicle pullup space, then a curb ramp shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent) in all directions. D. At facilities providing medical care and other services for persons with mobility impairments, parking spaces shall be provided in accordance with subsection (a) of this section except as follows: 1. For outpatient units and facilities, ten percent of the total number of parking spaces provided serving each such outpatient unit or facility; 2. For units and facilities that specialize in treatment or services for persons with mobility impairments, 20 percent of the total number of parking spaces provided serving each such unit or facility. E. Valet parking facilities shall provide a passenger loading zone located on an accessible route to the entrance of the facility. Subsections (a), (b), and (d) of this section do not apply to valet parking facilities. (Code 1988, ; Ord. No , 1( ), ) Secs Reserved. DIVISION 10 - LANDSCAPING AND SCREENING Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Architectural screening means a masonry or wood frame wall or any fence designed, constructed and maintained to provide a complete obstruction of view from ground level to at least the height specified in the individual zoning district requirements, to be durable and compatible with surrounding development. A berm is considered to be architectural screening. Deciduous means those trees and shrubs that shed their leaves annually. Evergreen means those trees and shrubs that do not shed foliage annually. Ground cover means landscape materials or living, or low-growing plants other than turf grass, installed in such a manner so as to provide a continuous cover on the ground surface. Landscape materials means living plants, such as trees, shrubs, vines, ground cover, flowers and grass turf. It may include such nonliving features as stone, sand, bark and brick pavers (excluding pavement), and structural or decorative features such as fountains, pools, earthen berms or mounds, walls, fencing, benches, lighting, etc. Landscape screening means a hedge or dense planting of trees and/or shrubs designed, installed, and maintained for the purpose of providing a year-round complete obstruction of view from ground level to at least the height specified in the individual zoning district requirements. 212

213 Landscaping means the bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect on the premises. Large shrubs means those shrubs that normally attain a height greater than five feet at maturity. Native grasses means those species of perennial grass native to the Midwest other than those designated as noxious weeds by the state department of agriculture and entomology. Screening means a structure erected or vegetation planted as a screen designed to conceal material and operations conducted behind it. Shade trees means those trees that normally attain a height greater than 40 feet at maturity. Shrub means any self-supporting woody plant of a species which normally grows in this region to an overall height less than 15 feet. Small shrubs means those shrubs which normally attain a height less than five feet at maturity. Small trees means those trees which normally attain a height less than 40 feet at maturity, including ornamental trees. Tree means any self-supporting woody plant of a species that normally grows in this region to an overall height greater than 15 feet. Turf grass means a species of perennial grass grown as permanent lawns or for landscape purposes, as distinguished from those species grown for agricultural or commercial seed purposes. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-65-02, 1, ) Cross reference Definitions generally, 1-2. Sec Purpose. The purposes of this division are: 1. To integrate the project with the site, in particular relating to natural topography and existing vegetation. 2. To enhance the architecture of the site structures and soften the view of paved areas. 3. To minimize the environmental effect of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration, noise, glare and heat abatement, etc. 4. To protect the character and value of surrounding neighborhoods. 5. To ensure the use of hardy plant material compatible with the climate of the region. 6. To buffer or screen uncomplimentary land uses and their service areas, equipment and appurtenances. (Code 1988, ; Ord. No , 1( ), ) Sec Plan requirements. A. Landscape plan requirements. A landscape plan is required for all new multifamily, office and professional, commercial, and industrial developments, and major additions to such developments, and shall include the following information: 1. North point and scale (a scale of not less than one inch equals 30 feet is desirable). 2. Topographic information and spot elevations sufficient to adequately identify and properly specify landscaping for slope stabilization and required screening. 213

214 3. The location, size, and notation of site elements such as buildings, walks, parking areas, and aboveground and underground utilities. 4. The location, type, and size of existing plant material to be retained. 5. The location, type, size and quantity of all proposed plant material and related nonliving, structural and decorative features. Common and botanical names shall be provided for all proposed plant material. Size at time of planting shall be specified according to American Association of Nurserymen standards. 6. The location of all trees 12-inch caliper or larger, measured at one foot above ground level, to be provided whether the tree is to be retained or is proposed for removal. 7. Location of all watering sources. B. Screening plan requirements. When landscape screening is proposed, the screening plan shall be included in the landscape plan or include the same plan components. When architectural screening is proposed, construction details must be submitted. C. Approval. All landscape and screening plans shall be submitted to the planning division for review and approval as to adequacy prior to the issuance of a building or land use permit. In case of disapproval of a permit for reasons of unacceptable landscape and/or screening plans, the applicant may appeal the decision to the planning commission for review and final determination. (Code 1988, ; Ord. No , 1( ), ) Sec General requirements and guidelines. A. Landscaping. 1. The area between the curb of a public street and the property line shall be brought to finish grade and planted in grass. In no case may this area be paved or covered with materials other than grass or an appropriate ground cover, except at approved driveways that shall be paved. Approved street trees may also be planted. 2. All areas not covered by buildings, paved area, or other acceptably improved areas shall be landscaped with such landscaping continuously maintained. 3. No landscaping in street rights-of-way or in the required sight distance triangles on corner lots, as provided in Sec , shall be allowed to exceed 24 inches in height, except for approved street trees. 4. At least one-half of the trees planted to fulfill the tree planting requirements shall be shade trees. 5. The perimeter of all towers including tower compounds shall be landscaped with the equivalent of one row of large shrubs planted on 15-foot centers and one row of evergreen trees planted on 15-foot centers. 6. Nonindustrial and nonstructure parking lots that have a paved area wider than a double-loaded aisle and more than 20,000 square feet in area shall provide one shade tree for each 20 parking spaces on the interior of the parking lot. Interior tree plantings are in addition to other landscaping requirements. B. Screening. 1. Screening setback. Screening shall not extend into the sight distance triangle or beyond the required parking or paving setback where side or rear lot lines approach a street right-of-way. 2. Screening made ineffective. Where the required screening is made ineffective by topographic or other uncontrollable conditions or where the screening would tend to obscure another commercial or industrial use, buffer plantings and/or shade trees may be substituted. 3. Existing screening. If existing screening on either side of a property line meets or exceeds screening requirements, no additional screening will be required. However, if at any time such screening fails to 214

215 conform to ordinance requirements, compliance shall be provided by the owner of property in the less restrictive zoning district. 4. Delayed screening. Screening requirements may be delayed if adjacent property is undeveloped and unplatted. The unified government may, however, at any time require such screening to be provided. 5. Screening of outside trash bins or trash containers. All outside bins or trash container areas must be completely enclosed by an architectural screen to a height not less than the height of the bin or container. No trash enclosures may be located in required yards adjacent to street right-of-way. In commercially and industrially zoned areas where the trash container will not be visible from off the property due to other screening or topographic conditions and will not be visible from public parking or pedestrian areas on the site, such trash bin screening need not be provided. In industrially zoned areas where the trash container will not be visible from residential property and where such containers are kept directly alongside the building and in a well-kept manner, such screening need not be provided. 6. Screening of mechanical equipment. Mechanical equipment or other utility hardware whether on the ground or on a building shall be screened from public view. Such screening shall be harmonious with building design and materials. 7. Screening of parking areas. Where a parking lot serves other than single-family or two-family dwellings and is adjacent to or across an alley from property zoned for single-family or two-family use, such parking lot shall be provided with an architectural screen at least four feet in height above the paving surface. Buffer plantings or landscape screening may be substituted if protection from headlights is not determined to be necessary. Where more stringent requirements exist, they shall apply. 8. Outdoor storage. Requirements are listed in the individual district unless otherwise included herein. 9. Lighting. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or commercial operations, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed one foot candle as measured from said property line. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 15, ; Ord. No , 7, ; Ord. No. O-65-02, 3, ) Sec District requirements. A. In the R-1, R, AG, R-1(B), R-2, and R-2(B) districts, one shade tree per dwelling unit is required in the front or corner side yard, and one tree per 7,000 square feet of site area for uses other than residences. B. The general landscaping and screening requirements for the other districts are listed in each particular district. In addition: 1. R-3, R-4, R-5, R-6, R-M, C-O districts. Buffer plantings, which shall include the equivalent of a minimum of one evergreen tree or one shade tree and three large shrubs for each 30 feet of adjacent project boundary, shall be provided for such development adjacent to single-family or two-family zoned property. Except in district R-M and C-O, such buffer plantings may be arranged on any portion of the property. Buffer plantings will be in addition to required trees. In district R-M and C-O, buffer plantings may be required to be concentrated along potentially unsightly areas or where sensitive areas exist on adjacent property. All multifamily residential projects shall include at least one shade tree per eight dwelling units and one shrub per dwelling unit in addition to the tree requirement, but not in addition to the buffer plantings if required. 215

216 2. Conflicting requirements. Except in district M-3, where uses are clearly permitted in restrictive zoning district than exists on the site to be utilized, the landscaping and screening requirements of the first district in which the use would be permitted shall apply. 3. Districts M-1, M-2, and M-3. A buffer area shall be provided along side and rear property lines common to or across an alley from residentially zoned property and shall consist of an area 15 feet in width improved with a six-foot architectural screen adjacent to the property line and one row of shade trees spaced not more than 40 feet on center and one row of large shrubs spaced not more than eight feet on center. 4. District M-3. Trees may be required depending on the particular location and surroundings of the project up to a maximum of one tree per 15,000 square feet of site area. Auto salvage yards shall be enclosed by a minimum eight-foot tall architectural screening fence, and nothing shall be stored to a height greater than the height of the fence. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 13, ; Ord. No , 28, ) Sec Existing plant material. Where healthy plant material exists on a site prior to its development and where such is not damaged by site development procedures, such plant material may be credited toward the minimum number specified for each zoning category. Such existing plant material must, however, be in keeping with the intent of this division. This will be determined by its type, size, and location as noted in the required landscape plan. (Code 1988, ; Ord. No , 1( ), ) Sec Planting requirements. Planting requirements, including minimum planting sizes, are as follows: 1. Trees. Trees down to 75 percent of the minimum planting sizes may be permitted if a proportionately greater number of trees are planted. a. Shade trees. Two-inch caliper as measured 12 inches above ground. b. Ornamental deciduous trees. Six feet to eight feet in height. c. Evergreen trees. Five feet to six feet in height. d. A complete list of allowable and prohibited trees will be maintained by the director of the parks department. 2. Shrubs (deciduous and evergreen). Size varies, determined by function. 3. Ground cover and vines used for ground cover. To be planted in size and number needed to provide 75 percent coverage after two full growing seasons. Areas intended for ground cover and subject to erosion must be provided with a form of temporary soil surface stabilization until vegetative cover can be established. 4. Turf grass. Grass areas may be sodded, plugged, sprigged or seeded. Areas subject to erosion must be sodded or, if other methods are used, proper soil stabilization must be provided until complete vegetative cover is achieved. Complete coverage must be established in the first growing season. 5. Landscape screening. Plant material used for screening shall provide coverage of at least 50 percent of the required screening area in the first growing season. Total coverage must be accomplished by the third 216

217 growing season. Deciduous plant material used for screening purposes shall have a twig or branch structure dense enough to provide a solid winter screen. Plant material used for screening purposes may exceed screening height requirements provided such plant material does not adversely affect adjacent properties. Plant selection for screening purposes shall be certified by a registered, licensed landscape architect or nurseryman that such plant material will conform to the standards and objectives of this article. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-3-16, 1, ) Sec Maintenance. The owner, developer, their agents and successors shall be responsible for all maintenance. All landscaping must be maintained in a healthy and orderly appearance, and kept free of debris and dead plant material. Plant material that has died or has been severely damaged by insects, diseases, vehicular traffic, acts of God, vandalism, etc., must be replaced by the next planting period. Architectural screening shall be maintained in good repair. (Code 1988, ; Ord. No , 1( ), ) Sec Installation prior to final occupancy. All landscape elements and screening must be in place and in proper condition prior to issuance of a final certificate of occupancy. In instances where adverse weather or seasonal restrictions preclude planting, a temporary certificate of occupancy may be issued upon written commitment by the owner, developer or subsequent agents to complete the planting when conditions are appropriate. (Code 1988, ; Ord. No , 1( ), ) Secs Reserved. DIVISION SIGNS Sec Purpose. A. This Division regulates the type, dimensions, design and other characteristics of signs throughout the Unified Government. B. The purpose of this Division is to accommodate the rights of individuals to freedom of speech, recognize the business community's need for effective, individualized identity and public awareness, regulate and reduce what otherwise might be confusing and objectionable clutter, determine placement consistent with traffic safety, by reducing traffic hazards caused by distractions to motorists and impairment of sight lines, protect property values by enhancing the harmony between residential and commercial uses, incorporate new technologies for sign design and display, complement the character of the zoning districts' land uses, preserve the residential character of residential neighborhoods, Protect property values, limit administrative burdens, avoid the creation of nonconformities, and 217

218 promote equity between businesses and other typical sign users, and implement the Comprehensive Plan, and preserve, protect and promote the public health, safety and general welfare. C. This section regulates only the sign structure or copy design, and not the sign s content. The city finds that the type, size, dimensions, setbacks, and physical design of signs permitted by this Division protect the city s interests in traffic safety, community character, and aesthetics, while allowing adequate visibility, conspicuity, legibility, readability, and pedestrian or motorist reaction time for signs. The Unified Government finds and determines that the standards set out in this division were developed after a public process in which the design and dimensional standards were tested against industry criteria, past experience in administering sign standards, and community input as to the appropriate characteristics of signs in the Unified Government s various neighborhoods and business areas. (Code 1988, ; Ord. No , 1( ), ; Ord. No. O-9-15, 1, ) Sec Applicability A. Generally. 1. This Division applies to any Sign within the corporate limits of the City of Kansas City, Kansas. 2. It is unlawful for any person to erect, operate, or otherwise use any sign that is prohibited by this Division. 3. It is unlawful for any person to erect, operate, or otherwise use any sign at a time, place, or manner that is prohibited by this Division. 4. The Unified Government is subordinate to the laws of the federal government and state of Kansas. This Division does not prohibit signs, sign locations, or sign characteristics that are permitted by an express requirement of state or federal law. B. Exemptions. This Division does not apply to: 1. Signs that are not visible from a public street, highway or road, unless the sign is visible from the property line of an adjoining lot or parcel within an A-G, R, R-1, R-1(B), R-2, R-2(B), R-3, R-4, R-5, R-6, or R-M zoning district. A sign is considered not visible where it is fully obstructed by natural changes in grade, buildings, or landscaping that provides a complete year-round visual barrier. Fully obstructed means that the signs are not visible at ground level from the edge of the public right-of-way or residential property line, or from the upper level of a residential building on an adjoining property. However, these signs must comply with any applicable requirements of the building codes (Unified Government Code, Chapter 8). 2. Signs located entirely within the interior of a building or structure, except as otherwise provided for window signs. 3. In order to promote traffic and public safety, any public notice or warning posted or required by valid and applicable federal, state, or local law, regulation, or ordinance, including street addresses. Street 218

219 addresses not exceeding 4 square feet in area are not counted toward the sign allocation for attached signs (see Sec ). 4. A sign that is integrated into or on a coin-operated machine, vending machine, or gasoline pump that is used for its intended purpose. 5. A sign carried by a person. 6. A sign affixed to an operable vehicle without flat tires, except as provided in Sec (d). C. Districts and Uses. This division calibrates sign size, types, and design to the unified government s zoning districts in order to protect community character, and to accommodate desired communications and economic activity appropriate to those districts. Signs relating to residential uses in nonresidential districts shall comply with the standards for signs in the highest applicable residential district. Signs for commercial uses in the industrial districts shall comply with the standards for the highest commercial district in which the commercial use is permitted. For purposes of this section, the hierarchy of zoning districts is established in Sec where District A-G is the lowest district and District M-3 is the highest district. D. Message Neutrality. Despite any other provision of this Division, no sign is subject to any limitation based on the content of its message. Any sign authorized in this Division may contain any non-commercial copy in lieu of any other copy. E. Obscenity. This Division does not authorize any sign that unlawfully promotes obscenity under state or federal law. F. False or Misleading Statements. This division does not excuse any person or entity from civil or criminal liability for false or misleading statements placed on a sign. Sec Prohibited Signs. The following types of signs are prohibited, except where specifically permitted by this Division: A. Any sign that is not included under the sign types permitted in this Division. B. Any attention-getting device such as a wind or banner sign (except as permitted in Sec (c)), portable sign, pennant, search light, twirling sign, or balloon or other gas or air filled object. C. Pole Signs, except for legally nonconforming pole signs, as follows: 1. The sign shall be maintained as provided in Sec ; and 2. Legally nonconforming pole signs may expand up to the maximum area allowed for detached (monument) signs; and 3. The sign owner may reface or install a pole cover on a legally nonconforming pole sign. If the pole sign is refaced and the poles are not already covered, the sign owner shall install a pole cover over any existing pole. 219

220 D. Any sign mounted on a platform, trailer, or motor vehicle, whether operable or inoperable, that is placed on or near the premises of the business being advertised unless the sign is hidden from public view as provided in Sec (b). 1. This prohibition does not apply to trucks or other legitimate carriers and delivery vehicles that are parked on the premises in the course of their normal operations. E. Any sign located in a public or private right-of-way, railroad right-of-way, or public and private utility easement, except those signs required by governmental authority. This subsection does not apply to: 1. A portable sign of no greater than 32 square feet in surface area is permitted during the 45 days prior to, and the two days following any public election, or 2. Awning/Canopy/Marquee signs, to the extent provided by Sec (b)(4), 3. Projecting signs, to the extent provided by Sec (b)(6), and 4. Sandwich/A-Frame signs, to the extent provided by Sec (c)(4). F. Any sign which, by reason of its size, location, movement, content, coloring, or manner of illumination 1. may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency vehicle, or 2. hides from view any traffic or street sign, signal or device. G. Any sign placed within a regulatory sight triangle, 25 feet of the edge of pavement, or any clear zone as defined by the American Association of State Highway and Transportation Officials. H. Off-premise signs, except where specifically allowed in Sec (Code 1988, ; Ord. No , 19, ; Ord. No , 1, ; Ord. No. O-2-99, 3, ; Ord. No. O-9-15, 1, ; Ord. No. O-62-15, 1, Oct. 1, 2015) Sec Sign Permits, Inspections and Bonds. A. Applicability. 1. Generally. a. No sign (including the structure or sign surface) shall be erected, installed, altered, relocated, rebuilt, or refaced until the unified government issues a sign permit. b. Only those signs permitted in this Division shall be granted a sign permit. c. Permits shall be issued only to licensed and bonded sign hangers for all signs except wall signs and monument signs. Any owner or authorized person may be issued a permit for wall signs and monument signs. 2. Exemptions. a. Maintenance. 1. No sign permit is required for maintenance. 2. Maintenance includes all care and minor repair needed to maintain a safe, attractive and finished structure, frame pole, brackets or surface and which does not enlarge or materially alter any face or display portion of the sign. Replacing a damaged or structurally unsound frame pole with another frame pole of the same size and height is considered maintenance. 3. This Section does not prevent the maintenance, repainting, or posting of a legally established nonconforming billboard. 220

221 4. With respect to on-premise signs, changing the copy on a sign without changing the sign dimensions is considered maintenance if the copy remains the same, if the graphic design is not substantially altered, and if the sign serves the same business establishment after the change as before. b. Temporary Signs in Residential Districts. A sign permit is not required for temporary signs in the A-G, R, R-1, R-1(B), R-2, R-2(B), R-3, R-4, R-5, R-6, or R-M districts if: 1. the principle use of the property is residential, and 2. the sign does not exceed 8 square feet in sign area or 4 feet in height. c. Repainting / Reposting. The sign surface of a billboard may be repainted or reposted without obtaining a new sign permit. B. Applications. 1. The Department of Urban Planning and Land Use ( Department ) shall prescribe forms and submittal requirements for sign permits as needed to administer this Division. The form shall be made available at the department s office during regular business hours and on the department s public website. 2. After a complete application is filed Department shall approve, approve with conditions as needed to ensure compliance with Division, or deny the sign permit with 30 calendar days unless the applicant consents in writing to a longer time period. The Department s decision is appealable as provided in Sec No sign shall be erected without the prior written consent of the owner or authorized agent of the tract upon which the sign is to be placed being filed with the building official at the time an application for a sign permit is filed. 4. All persons shall plainly show the name and building permit number of the persons erecting and/or maintaining the sign. The information shall be displayed either on the sign, proximate to the sign on the same lot or parcel, or any window the building for which the sign is being erected. 5. At the time the application is submitted, the applicant shall deposit with the Unified Government Director of Revenue an application fee in the amount established by the county administrator, no portion of which shall be returned. 6. If the building permit expires before the sign for which it was issued is erected, the building official may issue a renewal of the building permit upon or 30 days after its expiration. The applicant shall pay a renewal fee in the amount established by the county administrator, surrender the old permit, and provide satisfactory proof that the sign is the sign for which the permit was originally issued. C. Label. All signs shall have a permanent attached label indicating the permit number. D. Inspections. 1. All signs (including any footings) for which a permit is required are subject to inspection by the building official. 2. All signs containing electrical wiring are subject to all applicable provisions of Chapter 8, Article III of the Unified Government Code, and the electrical components used shall bear the label of an approved testing agency. 3. The building official may order the removal of any sign that is not maintained in accordance with Sec All signs may be reinspected at the discretion of the building official to ensure compliance with this Division and the Building Code. 221

222 (Code 1964, 7-25( ); Code 1988, 8-54; Ord. No , 1, ) E. Bond of installers. 1. No person shall construct or maintain any signs regulated by this Division, except wall signs and monument signs, without first having filed with the unified government clerk a surety bond in the sum of $10, The bond shall a. be conditioned upon the faithful compliance with the terms of this Division, and b. hold the city and its officials harmless from all damages, losses, expenses, or judgments that may be claimed against the unified government by reason of the erection or maintenance of any sign regulated by this Division or for the failure of that person to meet the requirements of this Division. (Code 1988, ; Ord. No , 1( (A)), ; Ord. No , 17, ; Ord. No. O- 9-15, 1, ). From Chapter 8: (Code 1964, 7-25(7-58.1, , , ); Code 1988, 8-53, 8-56; Ord. No , 1, ; Ord. No , 1, ) Sec Design and Construction. A. Generally. 1. The supports for all signs or sign structures shall be placed in or upon private property (except as provided in Sec (e)) and shall be securely built, constructed and erected in conformance with the requirements of this Division. 2. No portion of a sign surface or sign structure shall be located on or over a public right-of-way except as provided in Sec (e). 3. No sign shall be erected which is connected to or obstructs any portion of a fire escape or windows or doors leading to a fire escape. 4. No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by the International Building Code, as adopted and amended by the unified government. (Code 1964, 7-25( ); Code 1988, 8-57; Ord. No , 1, ) B. Loads. 1. Wind loads for signs and sign structures shall be designed and constructed to resist wind forces as specified in the Building Code. 2. Seismic loads for signs and sign structures shall be designed and constructed to resist seismic forces as specified in the International Building Code, as adopted and amended by the unified government. 3. The design of wood, concrete, steel or aluminum sign members shall conform to the requirements of the International Building Code, as adopted and amended by the unified government. 4. Loads exerted on the soil shall not produce stresses exceeding those specified in the International Building Code, as adopted and amended by the unified government. (Code 1964, 7-25( ); Code 1988, 8-58; Ord. No , 1, ) C. Materials. 1. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code, as adopted and amended by the unified government. Anchors and supports, when of wood and embedded in the soil or within six inches of the soil, shall be of all heartwood of a durable species or shall be pressure treated with an approved preservative. 222

223 2. Sign structure and surface materials shall be noncombustible. Any material conforming to Uniform Building Code Standard No. 4-1 is considered noncombustible within this subsection. 3. Where plastics are proposed to be used in the construction of signs and sign surfaces, the following requirements apply: a. Applications for building permits to erect signs in which plastic materials are used must set out the trade name used by the manufacturer of the sign as well as the common name of the plastic used in its construction. b. Approved combustible plastics shall mean only those combustible plastic materials which are tested in accordance with ASTM Standard Method of Test for Flammability of Plastics over inch in thickness and burn no faster than 2½ inches per minute in sheets of inch thickness. D. Readability. 1. In designing a sign, an applicant for a sign permit shall consider and explain the sign s readability and comprehension in terms of a. The size of the copy, including the minimum size of the letters based on the distance that the viewer is from the sign. b. The relationship of the copy to the background area often referred to as the white space or negative space - of the sign. c. The thickness and spacing of the letters. d. The number items of information that can be comprehended in the short period of time that the viewer (typically the motorist) likely has available. This is particularly relevant to wall signs that need to be seen and comprehended instantaneously. e. Color contrasts between the message and the background. f. Font or letter style. g. Lighting. 2. Each sign displayed on a premise, or by an occupant of shopping center or multiuse building, may contain up to 10 items of information. For purposes of this section, an item of information means a word, logo, abbreviation, symbol, or geometric shape. (Code 1964, 7-25( ); Code 1988, 8-59; Ord. No , 1, ) Sec Maintenance. A. Generally. 1. All signs and sign structures are subject to the property maintenance code (Unified Government Code Chapter 8, Article VIII) and shall: a. be of sound structural quality, b. be maintained in good repair, c. painted, where applicable (galvanized metals, aluminum and stainless steel portions of signs need not be painted), d. have a clean and neat appearance, and e. have adjacent land kept free from debris, weeds and trash. 2. No portion of any sign structure or sign surface shall be permitted to become insecure or otherwise unsafe. 223

224 3. Sign surfaces shall be maintained free of peeling paint and torn paper. 4. All signs shall be free of broken or bent structures. 5. Any lot or premises in the vicinity of a sign shall be kept clean, sanitary, inoffensive, and free of all noxious substances, including the removal of snow from the sidewalk and curb front abutting the sign s lot or parcel. If the grade at the base of the sign is altered, proper drainage for surface water shall be provided. 6. The building official may order the signs to be removed if they are not maintained as described and become a public safety hazard or nuisance. B. Abandonment / Failure to Maintain. 1. If a sign is abandoned, or is not reasonably maintained for a period of 3 months, the building official shall proceed against the property owner by appropriate legal remedy to obtain compliance with the requirements of this Section. 2. The building official shall not approve subsequent sign permits by the owner of record of any sign that remains in violation of this section. C. Obsolete Signs. 1. A sign shall be removed within 6 months after it is no longer used. A sign is no longer used when a. the business the sign advertises has closed; or b. the property on which the sign is located has been vacant or unoccupied for at least 180 consecutive days. 2. For purposes of determining when the business closes, the department shall consider a. the date that the business vacated the premises, discontinued sales, or moved its inventory off the premises, or b. if the events listed in subsection a cannot be determined, the date of closing as reported to the 1. Unified Government Clerk for purposes of ceasing payment of sales or occupation taxes, or 2. Kansas Department of Revenue, Notice of Business Closure form, or 3. The date of business closing as reported to the Kansas Department of Labor, or 4. The dissolution, cancellation or withdrawal of a business entity as reported to the Kansas Secretary of State, or 5. the date at which its business occupation tax permit expired. 3. If the obsolete sign is a pole sign, the entire sign (including the pole, face, and other elements of the structure) shall be removed. However, if the sign is a monument or wall sign, only the sign face need be removed or covered. 4. The property owner is responsible for removing the sign. 5. This subsection does not prevent the maintenance, repainting, or posting of legally established signs. D. Unsafe Signs. If any sign becomes unsafe or in immediate danger of falling, the building official will give notice directing that the emergency defect be corrected within 48 hours. (Code 1988, ; Ord. No , 1( (B)), ; Ord. No , 18, ; Ord. No. O- 9-15, 1, ) From 8-60: (Code 1964, 7-25( ); Code 1988, 8-55; Ord. No , 1, ) Sec Digital and Illuminated Signs 224

225 A. Applicability. This section applies to any of the following: Digital Sign Footcandle Illumination Illumination, External Illumination, Internal Illuminated Sign Halo lit sign Nit Neon A sign that displays static images that are controlled by electronic communications, which allows the images to be turned on or off intermittently. A Digital Sign includes any illuminated sign on which the illumination is not kept stationary or constant in intensity and color when the sign is in use, including any light emitting diode (LED) or digital panel, and which varies in color or intensity. In the sign industry, digital signs are also referred to as dynamic signs, changeable electronic variable message signs (CEVMS), electronic message centers (EMCs), etc. A measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. A sign that has an artificial light source incorporated internally or externally to emanate light from, or direct light to, a sign s surface. Light sources may include exposed tubing, electrical bulbs, fluorescent lights, neon tubes, light emitting diodes (LED), liquid crystal displays, or other artificial sources of light. A sign that is Illuminated by an external light source. Illumination created by a light source internal to the sign, transparent or translucent material from a light source within the sign structure or panel, or exposed lighting on the sign face. Any sign that incorporates illumination over all or part of its surface, or that is created by the projection of illumination onto a surface (such as a building wall). A sign illuminated by concealing the light source behind three-dimensional opaque letters, numbers, or other characters of a sign, resulting in the night time perception of a halo around the silhouette of each sign character. This is also referred to as "reverse channel" or "reverse lit" illumination. A Halo Lit sign is not considered an internally illuminated sign. A unit of illuminative brightness equal to one candle per square meter, measured perpendicular to the rays of the source. A source of light supplied by a glass tube that is filled with neon gas, argon, mercury or other inert gas that produces ultraviolet light, and bent to form letters, symbols, or other shapes. B. Where Permitted. The standards for individual sign types in Sec below, indicate whether changeable copy or illumination is allowed, and the type of illumination allowed (internal illumination, external illumination, halo lit, or digital). C. Illumination. An illuminated sign shall not: 1. be illuminated by flashing, intermittent, or moving lights; 2. contain or display animated, moving video, or scrolling advertising; 3. consist of a static image projected upon a stationary object; or 4. be a mobile sign located on a truck or trailer. D. Generally. The following lighting requirements apply to all new signs: 1. No rotating beam or flashing beacon light shall be used on any sign or sign structure. 2. The light source for any sign shall not be directed toward any residentially zoned area. 3. Bare neon lighting is permitted. Fluorescent and incandescent lighting shall be diffused by translucent glass or plastic. 4. All signs shall comply with all applicable provisions of the electrical code of the unified government. 5. Illuminated signs or digital signs within 250 feet of a residential zoning district shall shut off between the hours of 11:00 PM and 6:00 AM. 225

226 6. Illuminated signs or digital signs within a residentially zoned area shall shut off between the hours of 10:00 PM and 6:00 AM. The sign shall include an automatic shut off mechanism to ensure that the signs are not illuminated during the time provided above. (Code 1964, 7-25( ); Code 1988, 8-60; Ord. No , 1, ) E. Digital Signs. Digital signs shall conform to the following standards: 1. Minimum display time. Each static message on the sign must be displayed for a minimum of 8 seconds duration. Message changes shall be completed instantaneously and shall be imperceptible. All transition effects are prohibited. 2. Digital Copy. Digital signs shall contain static messages only, and shall not have movement or the appearance or optical illusion of movement during the static display period of any part of the sign. Each static message shall not include any flashing or the varying of light intensity and the message shall not scroll. 3. Brightness a. Digital signs shall not operate at brightness levels of more than 0.3 footcandles above ambient light as measured using a footcandle meter at a distance of 250 from the sign. b. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed seven thousand (7,000) nits and that the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the director. 4. Light Sensing Device. Each digital sign must have a light sensing device that will adjust the brightness as ambient light conditions change. 5. Technology. The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that complies with the performance standards for digital billboards including the maximum brightness levels as stated in subsection (3) above is permitted. 6. Safety. A digital sign must: a. include systems and monitoring to either turn the display off or show "full black" on the display in the event of a malfunction, and b. be designed that in the event of a catastrophic power surge, the sign will go dark or will have maximum brightness limitations in place, and c. contain a default mechanism that freezes the sign in one position if a malfunction occurs, and d. automatically adjust the intensity of its display according to natural ambient light conditions. 7. Owner responsibilities. The sign owner shall provide to the Director the phone number and address of a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs. 8. Maintenance. The light modules on digital billboards shall be repaired or replaced if they become broken, burned-out or substantially dimmed. Sec Maximum Sign Area Allocation. A. Purpose. 1. This section establishes an overall allocation of sign number and area by zoning district for 3 major categories: attached signs, detached signs, and temporary signs. 226

227 2. This system provides flexibility for persons and businesses who display signs, avoids sign distinctions that depend on a sign s message, and avoids potential traffic hazards and clutter. The City finds and determines that the typical sign allowance in this section is consistent with established methodologies in the sign industry for visibility, legibility, and placement needed for effective roadside communication that allows motorists to receive and respond to a sign s information content, allowing for adequate viewer reaction time and distance. B. Standards. The maximum cumulative number and maximum cumulative area of all sign structures permitted for any lot or parcel within a zoning district are set out in Table VIII-11-1 Sign Allocation System, below. Individual signs are subject to the requirements of this Division, including Sec (Standards for Sign Types): District (Includes Planned District Equivalent) Table VIII-11-1 Sign Allocation System Attached Signs (See Sec (b)) Number per Facade 1 Area (As Percentage of Wall Area) Detached Signs (See Sec (c)) Number Area (Per Sign Face) (sf) Temporary / Incidental (See Sec ) Number Area (total - sf) A-G, R, R-1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS 1 5% R-3, R-4, R-5, R-6, R-M, TND T-4 1 5% C-O 4 5% Sec (b) C-1, TND T-5 4 7% Sec (b) 50 Sec C-D, TND T-6 4 7% Sec (b) 50 Sec C-2, C-3, TND D 4 7% Sec (b) 75 Sec M-1, B-P 4 7% Sec (b) 75 Sec M-2, M % Sec (b) 100 Sec Notes: 1 Not applicable to Awning/Canopy/Marquee Signs subject to Sec (b)(3). 2 Detached signs and other than temporary or incidental signs are only permitted for lots or buildings that include non-residential uses permitted in the district. Code 1988, ; Ord. No , 1( ), ; Ord. No , 20, ; Ord. No. O-9-15, 1, ) Sec Standards for Sign Types A. Generally 1. This section establishes standards for individual sign types, including a. Whether the sign type is permitted in the designated zoning districts. b. Whether a sign permit is required. c. The maximum number of signs (subject to the sign allocation system - see subsection (2), below) based on 1. Number per street frontage, or 227

228 2. Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront, or 3. Number per single-tenant building or multi-tenant building with a single entry, or 4. The total number of that sign type on a single lot or parcel. d. Maximum sign dimensions, including - 1. Sign area (see subsection (2), below) 2. Height e. Location 1. Property Line Setback 2. Spacing between other signs f. Design Characteristics, including whether the following design features are allowed or required: 1. Digital 2. Illumination, Internal 3. Illumination, External 4. Illumination, Halo Lit 5. Channel Letters 6. Changeable copy 2. The maximum number and area of signs is subject to the sign allocation system in Sec and this section, unless otherwise provided. The allowable sign area for an individual sign may be less than the maximum allowed by this section where needed to observe the maximum sign allowance in Sec B. Attached Signs 1. Applicability. This subsection applies to attached signs. An attached sign means a sign that is attached to a building (including and building component, such as a column, marquee or canopy) and that uses the building as its primary support. 2. Generally a. Attached signs shall comply with the maximum sign area allocation in section Sec , except for provided in this section. b. Attached signs shall not obscure or cover an architectural feature, such as a window, door, entryway, cornice, sill, or fire escape below the third story of a building. 3. Accessory Signs a. An accessory sign is a sign inscribed onto a fence, archway, berm, or similar accessory structure that is not erected for the sole purpose of mounting a sign. A sign posted on a placard, board, poster, banner, or similar appendage to an accessory structure is considered an incidental sign and regulated by Sec

229 b. Accessory signs are subject to Table VIII-11-2 Accessory Signs, but are not subject to the maximum allocation for attached signs if the accessory signs are within the maximum area prescribed in line 7, below: Table VIII-11-2 Accessory Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes Yes Yes Yes Yes Yes Yes 2. Permit required? Yes Yes Yes Yes Yes Yes Yes 3. Number per street frontage Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront (max.) Number-total per single-tenant building or multi-tenant building with a single entry (max.) Number-total (max.) Dimensions 7. Sign area exempt from maximum sign allocation (maximum- sf) 8. Height (maximum-feet) Location 9. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 10. Spacing between other signs (minimum-feet) Design Characteristics 11. Digital No No No No No No No 12. Illumination, Internal No No No No No No No 13. Illumination, External No No No Yes Yes Yes Yes 14. Illumination, Halo Lit No No No Yes Yes Yes Yes 15. Channel Letters Yes Yes Yes Yes Yes Yes Yes 16. Changeable copy No No No No No No Yes M-2, M-3 229

230 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. 4. Awning / Canopy / Marquee Signs a. Definitions Awning Sign. A sign that is painted, stenciled or attached to the surface of an awning. An awning means a roof-like cover that projects from the wall of a building to shield a doorway, walkway, or window from inclement weather or the sun. Awnings are often made of fabric or flexible plastic supported by a rigid frame and may be retracted into the face of the building. Canopy Sign. A sign attached to the surface of a canopy. A canopy means an overhead structure made of solid material, other than an awning, that is either attached to a building wall and extends at least twelve (12) inches from the face of the building or a freestanding overhead structure supported by posts. Marquee Sign. A sign attached to the fascia of marquee. A Marquee means a hood or awning of permanent construction without pillars or posts which is supported from a building wall and extends beyond the building, building line, or property line. A sign attached to the bottom of a Marquee is considered an Under-Canopy Sign. Over Canopy Sign. A sign on the top of a roof overhang of a covered porch or walkway which identifies the tenant of the adjoining space. Under Canopy Sign. A sign suspended from the underside of a canopy, a covered porch or a walkway. d. Standards. Awning signs (located above the drip flap portion of the awning), canopy signs, marquee signs, and over canopy signs toward the maximum attached sign allowance (see Sec ). Awning signs located only on the drip flap portion of the awning and with letters not exceeding 18 inches in height, and under canopy signs do not count toward the maximum attached sign allowance. 230

231 Table VIII-11-3 Awning / Canopy / Marquee Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? NR Yes Yes Yes Yes Yes Yes 2. Permit required? Yes Yes Yes Yes Yes Yes Yes 3. Number per street frontage Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront (max.) Number-total per single-tenant building or multi-tenant building with a single entry (max.) Number-total (max.) Dimensions 7. Sign area (maximum- sf) Height (maximum-feet) Location 9. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 10. Spacing between other signs (minimum-feet) Design Characteristics 11. Digital No No No No Yes Yes Yes 12. Illumination, Internal No No No Yes Yes Yes Yes 13. Illumination, External No No No Yes Yes Yes Yes 14. Illumination, Halo Lit Yes Yes Yes Yes Yes Yes Yes 15. Channel Letters Yes Yes Yes Yes Yes Yes Yes 16. Changeable copy No No No Yes Yes Yes Yes M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. 5. Murals a. Definition. A mural is a hand produced or machined graphic applied or affixed to the exterior of a building wall through the application of paint, canvas, tile, metal panels, applied sheet graphic or other medium generally so that the wall becomes the background surface or platform for the graphic, generally for the purpose of decoration or artistic expression, including but not limited to, painting, fresco or mosaic. b. Standards 1. The display surface shall be kept clean, neatly painted, and free from corrosion. 231

232 2. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the Director and incorporated into the Sign Permit. A mural is in a state of disrepair when 25% or more of the display surface area contains peeling, faded or flaking paint, or is otherwise not preserved in the manner in which it was originally created. 3. Up to 20 percent of a mural may include text or commercial copy. No more than 5 items of information (as defined in Sec (d)) may be included in the area used for text or commercial copy. 4. On lots that share a property line with a residential zoning district, murals are not allowed on building walls that face a residential zoning district. 5. Murals are not permitted on the primary façade. A primary façade is defined, for purposes of this section, as a building elevation that faces the adjacent street right-of-way and is the primary customer entrance. Buildings located on a block corner with the primary customer entrance located diagonally at the building corner to both intersecting streets has 2 primary façades. Table VIII-11-4 Murals "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Zoning Districts / TND T- Zone Requirements A-G, R, R-1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R-4, R-5, R-6, R-M, TND T-4 C- O C-1, TND T- 5 C-D, TND T- 6 C-2, C-3, M-1, B-P, TND D 1. Permitted? No No No Yes Yes Yes Yes 2. Permit required? No No No Yes Yes Yes Yes 3. Number per street frontage (max.) Number-total (max.) Dimensions 5. Sign area (maximum-sf) * * * * 6. Height (maximum-feet) Location 7. Property Line Setback (minimum-feet) 8. Spacing between other signs (minimum-feet) Design Characteristics Z Z Z Z M-2, M-3 232

233 Table VIII-11-4 Murals "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Zoning Districts / TND T- Zone Requirements A-G, R, R-1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R-4, R-5, R-6, R-M, TND T-4 C- O C-1, TND T- 5 C-D, TND T- 6 C-2, C-3, M-1, B-P, TND D 9. Digital No No No No 10. Illumination, Internal No No No No 11. Illumination, External No Yes Yes Yes 12. Illumination, Halo Lit No No No No 13. Channel Letters No No No No 14. Changeable copy No No No No * The wall area that may be covered by a mural is as follows: Text / Logo area (as a percent of mural) Percent of facade that may be covered: 11-20% When combined with other attached signs, must fall within the attached sign area allocation in Sec % 100%. If the mural is applied only to a side or rear façade, it does not apply to the attached sign area allocation in Sec Projecting Signs a. Definition. M-2, M-3 Projecting sign is a sign supported by and extending at least 18 inches from a building wall. b. Standards 1. No projecting sign shall extend more than 5 feet or beyond the outer edge of a sidewalk, whichever is greater. A projecting sign may not extend into any portion of the street right-ofway other than a sidewalk. 2. The lower edge of the projecting sign shall be at least 10 feet above any sidewalk and 14 feet above any alley surface where vehicles may pass below. 3. The upper edge of a projecting sign shall not extend vertically above the eave line of a structure. 4. All projecting signs shall be attached at right angles to the supporting structure and may be anchored no more than six inches from the structure. (Code 1988, ; Ord. No , 1( (I)), ; Ord. No. O-9-15, 1, ) 233

234 Table VIII-11-5 Projecting Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? NR Yes Yes Yes Yes Yes Yes 2. Permit required? Yes Yes Yes Yes Yes Yes Yes 3. Number per street frontage (max.) Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront (max.) Number-total per single-tenant building or a multi-tenant building with a single entry (max.) Number-total (max.) Dimensions 7. Sign area (maximum- percent of building facade) 8. Height (maximum-feet) Location 9. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 10. Spacing between other signs (minimum-feet) Design Characteristics 11. Digital No No No No Yes Yes Yes 12. Illumination, Internal No No No Yes Yes Yes Yes 13. Illumination, External No No No Yes Yes Yes Yes 14. Illumination, Halo Lit Yes Yes Yes Yes Yes Yes Yes 15. Channel Letters Yes Yes Yes Yes Yes Yes Yes 16. Changeable copy No No No Yes Yes Yes Yes M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. 7. Roof Signs a. Definition. 234

235 Roof Sign means a sign that is mounted upon or above a roof or parapet of a building or structure that is wholly or partially supported by the building or structure, and which projects above the cornice or parapet line of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard. A mansard having a pitch exceeding 1:3 (1 foot horizontal and 3 feet vertical) is a wall. A mansard having a less vertical slope is a roof. A roof sign does not include a sign that is mounted flush on the surface of a roof, in which case the sign is classified as a wall sign. b. Standards 1. Structural members for roof signs shall be concealed, except for raceways that mount channel letters. 2. Roof signs shall comply with the following standards. The maximum area is subject to the sign allocation system in Sec and this section. The allowable sign area for an individual sign may be less than the maximum allowed by this section where needed to observe the maximum sign allowance in Sec Table VIII-11-6 Roof Sign Standards "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? No No No Yes Yes Yes Yes 2. Permit required? Yes Yes Yes Yes 3. Number per street frontage Number-total Dimensions 5. Sign area (maximum-sf) Height (maximum-feet) Location 7. Property Line Setback (minimum-feet) Z Z Z Z 8. Spacing between other signs (minimum-feet) Design Characteristics 9. Digital No No No No M-2, M-3 235

236 Table VIII-11-6 Roof Sign Standards "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 10. Illumination, Internal No Yes Yes Yes 11. Illumination, External No Yes Yes Yes 12. Illumination, Halo Lit No Yes Yes Yes 13. Channel Letters R R R Yes 14. Changeable copy No No No No M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. 8. Wall Signs a. Definitions. Wall Sign means a sign (other than a Projecting Sign, Roof Sign, or Window Sign) that uses a building wall as its primary source of support, and that 1. Is placed directly on and contained totally within the dimensions of the outside wall; 2. does not extend more than 18 inches from a building surface. (Code 1988, ; Ord. No , 1( (M)), ; Ord. No. O-9-15, 1, ) b. Standards. 236

237 Table VIII-11-7 Wall Sign Standards "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes Yes Yes Yes Yes Yes Yes 2. Permit required? No Yes Yes Yes Yes Yes Yes 3. Number per street frontage (max.) Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront (max.) Number-total per single-tenant building or multi-tenant building with a single entry (max.) Number-total (max.) Dimensions 7. Sign area (maximum- sf) Height (maximum-feet) Location 9. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 10. Spacing between other signs (minimum-feet) Design Characteristics 11. Digital No No No No Yes Yes Yes 12. Illumination, Internal No No No Yes Yes Yes Yes 13. Illumination, External No No No Yes Yes Yes Yes 14. Illumination, Halo Lit NR NR Yes Yes Yes Yes Yes 15. Channel Letters Yes Yes Yes Yes Yes Yes Yes 16. Changeable copy No No No Yes Yes Yes Yes M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. 9. Window Signs a. Definition. 237

238 Window signs are signs posted, painted, placed, affixed to a window and inside a building, but clearly visible from outside the building. Signs placed on the exterior of a window are not permitted. b. Standards. Window signs are counted toward the maximum sign area, but not the maximum number of signs, in the sign allocation system (Sec ). (Code 1988, ; Ord. No , 1( ), ; Ord. No , 21, ; Ord. No. O-2-99, 4, ; Ord. No. O-9-15, 1, ) Table VIII-11-8 Window Sign Standards "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes Yes Yes Yes Yes Yes Yes 2. Permit required? No No No No No No No 3. Number per street frontage (max.) Number-total (max.) Dimensions 5. Sign area (maximum-percent of window area) 25% 25% 25% 25% 25% 25% 25% 6. Height (maximum-feet) Location 7. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 8. Spacing between other signs (minimum-feet) Design Characteristics 9. Digital No No No No Yes Yes Yes 10. Illumination, Internal No No No Yes Yes Yes Yes 11. Illumination, External No No No Yes Yes Yes Yes 12. Illumination, Halo Lit NR NR Yes Yes Yes Yes Yes 13. Channel Letters Yes Yes Yes Yes Yes Yes Yes 14. Changeable copy No No No Yes Yes Yes Yes M-2, M-3 238

239 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. For purposes of Line 5, window area includes the entire area spanned by glass, and within any window lights divided by mullions, transoms, or similar elements that divide the glazed area into compartments. C. Detached Signs 1. Applicability. This subsection applies to Detached Signs allowed by this Division. A detached sign means a single or double-faced sign placed upon or supported by the ground independent of any other structure, such as a monument sign. 2. Billboards. See Sec Monument Signs a. Definition. Detached Sign. A detached sign whose sign surface is attached to a proportionate base or structural frame with a minimum width of one-half (1/2) the width of the widest part of the sign face. b. Standards. Monument sign shall comply with Table VIII-11-9 Monument Signs and the following: 1. The base shall not exceed a height of 5 feet above the average finished grade. 2. An enclosed or solid sign base is not required if the sign face is within 2 feet of the average finished grade. 3. The materials of the base of a monument sign shall be either masonry, stone or concrete. 4. Monument signs shall be located proximate to the principal entrance into the lot, site or premises. Proximate means that the sign is located within 25 feet of the edge of the street right-of-way abutting the driveway entrance. 5. Maximum sign height at the minimum setback line is 15 feet in each nonresidential zoning district. For each 1 foot of additional setback, 1 foot of additional height and 5 square feet in sign area is allowed up until the maximum sign area allocation for detached signs established in Sec is reached. Table VIII-11-9 Monument Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Zoning Districts / TND T-Zone Requirements A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T-5 C-D, TND T- 6 C-2, C-3, M-1, B-P, TND D M-2, M-3 1. Permitted? NR Yes Yes Yes Yes Yes Yes 2. Permit required? Yes Yes Yes Yes Yes Yes Yes 239

240 Table VIII-11-9 Monument Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district Zoning Districts / TND T-Zone Requirements A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T-5 C-D, TND T- 6 C-2, C-3, M-1, B-P, TND D 3. Number per lot (max.) Number per linear feet of street frontage (max.) 5. Number per additional frontage (applies to lots with frontage on more than 1 street) (max.) 6. Number-total (single frontage / more than 1 frontage) (max.) * no more than 1 monument sign is permitted per primary entrance or the number permitted per frontage, whichever is less Dimensions per 1, per 1,000 M-2, M-3 1 per 1, / 3 2 / 3 2 / 3 2 / 3 2 / 3 7. Sign area (maximum-sf) Height (maximum-feet)** Location 9. Property Line Setback (minimum-feet) Spacing between other detached signs (minimum-feet) Design Characteristics 11. Digital NR NR Yes Yes Yes Yes Yes 12. Illumination, Internal NR NR Yes Yes Yes Yes Yes 13. Illumination, External NR NR Yes Yes Yes Yes Yes 14. Illumination, Halo Lit NR NR Yes Yes Yes Yes Yes 15. Channel Letters Yes Yes Yes Yes Yes Yes Yes 16. Changeable copy No No No Yes Yes Yes Yes Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. ** The height of the monument sign shall not exceed highest point of the nearest principal building's roof on the premises or the maximum height allowed by line 6, whichever is lower. Sandwich / A Frame Signs a. Definitions. 240

241 Sandwich Board means a portable sign that is ordinarily in the shape of an "A" with back to back sign faces, an easel, or a similar configuration. b. Standards. 1. Sandwich / A frame signs are allowed in the right-of-way or on private property, subject to the standards in Table VIII Sandwich / A Frame Signs below. 2. Sandwich / A frame signs are allowed only where a building is within a build-to line established in the TND district, or where a front façade that includes an entryway open to the general public during normal business hours is within 10 feet of the edge of a public sidewalk, subject to Table VIII below. 3. Sandwich boards / A Frame Signs shall leave a minimum, unobstructed sidewalk clearance of 36 inches or as otherwise required by the ADA. Table VIII Sandwich / A Frame Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "ROW" = requires a right of way use permit (see Unified Government Code Sec ) Zoning Districts / TND T-Zone Requirements A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? No No No Yes Yes No No 2. Permit required? ROW ROW Number per street frontage Number per each business or institution (occupying a multi-tenant building) which has its own ground floor entryway or storefront (max.) Number-total per single-tenant building or multi-tenant building with a single entry (max.) Number-total (max.) Dimensions 7. Sign area (maximum-sf) Height (maximum-feet) Location 9. Sidewalk Clearance* (minimum-feet) Spacing between signs (minimum-feet) M-2, M-3 241

242 Table VIII Sandwich / A Frame Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "ROW" = requires a right of way use permit (see Unified Government Code Sec ) Zoning Districts / TND T-Zone Requirements Design Characteristics A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 11. Digital No No No No No No No 12. Illumination, Internal No No No No No No No 13. Illumination, External No No No No No No No 14. Illumination, Halo Lit No No No No No No No 15. Channel Letters No No No No No No No 16. Changeable copy No No No Yes Yes No No M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district; ROW = requires a right of way use permit (see Unified Government Code Sec ). Sidewalk clearance is the minimum, continuous, unobstructed distance for pedestrian movement along a sidewalk on at least one side of the sign. D. Hybrid Signs 1. Applicability. This section applies to signs that may either be attached or detached. The signs are subject to the applicable allocation for the sign depending upon whether it is attached or detached. 2. Flags. a. Definition. Flag. A piece of fabric or other flexible material, with distinctive colors and patterns, customarily mounted on a pole or similar freestanding structure. (Code 1988, ; Ord. No , 1( (G)), ; Ord. No , 6, ; Ord. No. O-9-15, 1, ) b. Standards. Flags shall comply with Table VIII Flag Standards below: 242

243 Table VIII Flag Standards "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "R" = the sign type or characteristic is required; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; "Z" = as established for the principal building by the applicable zoning district; * Flag poles shall not exceed highest point of the nearest principal building's roof on the premises or the maximum height allowed by line 5, whichever is lower Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes Yes Yes Yes Yes Yes Yes 2. Permit required? No No Yes Yes Yes Yes Yes 3. Number per street frontage (max.) Dimensions 4. Sign area (maximum-sf) Height (maximum-feet) * 50* 50* 50* Location 6. Property Line Setback (minimum-feet) Z Z Z Z Z Z Z 7. Spacing between other signs (minimum-feet) Design Characteristics 8. Digital No No No No No No No 9. Illumination, Internal No No No No No No No 10. Illumination, External Yes Yes Yes Yes Yes Yes Yes 11. Illumination, Halo Lit No No No No No No No 12. Channel Letters No No No No No No No 13. Changeable copy No No No No No No No M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. * Flag poles shall not exceed highest point of the nearest principal building's roof on the premises or the maximum height allowed by line 5, whichever is lower. Note: for the American flag, readers are encouraged to consult the protocols established in 4 U.S.C Violation of these protocols is not a violation of this Division. A. Applicability. This section applies to temporary signs or incidental signs. Each of the sign types described in this section (temporary signs, incidental signs, banners and feather signs) count toward the maximum allowance for temporary / incidental signs in Sec except for pole banners where indicated in subsection (c)(4), below. B. Temporary and Incidental Signs, Generally 1. Definitions. 243

244 Temporary Sign. A sign typically made of lightweight or flimsy material that can be easily or quickly mounted or removed (such as cloth, canvas, vinyl, cardboard, wallboard, or other light temporary materials), with or without a structural frame, intended for a temporary period of display. Note: Examples include real estate signs, election signs, opinion signs, placards, construction signs, or signs that advertise a grand opening or special event. This paragraph is provided to clarify the regulations and does not limit the content of incidental signs. Incidental Sign. A sign with copy located on a panel and mounted on a pole or a wall or similar structure, with or without a structural frame, that is normally incidental to the allowed use of the property, but can contain any message or content. Note: examples of incidental signs include directional signs, flags, menu boards, property or tenant identification names or numbers, names of occupants, signs on mailboxes or newspaper tubes, signs posted on private property relating to private parking, political signs or signs warning the public against trespassing or danger from animals. This paragraph is provided to clarify the regulations and does not limit the content of incidental signs. 2. Generally. Temporary and Incidental signs shall comply with Table VIII Temporary & Incidental Signs (Generally) and this section. 3. Height. The height of temporary or incidental signs shall not exceed three feet at the minimum setback line, and may increase 1 foot for every additional 10 feet that the sign is set back up to the maximum height permitted in Table VIII Temporary & Incidental Signs (Generally). 4. Temporary Signs. a. Holidays. During the following time periods, the number of temporary signs may increase to 5 in the residential districts, C-O, C-D district and TND T-6, the sign allocation shall increase by 50 percent, and the internal illumination is permitted: 1. the fourth Thursday in November to January 2, and 2. July 1 5. b. Materials. Temporary signs shall include a vinyl or plastic face, or a material of similar durability. c. Display Period. A detached temporary sign may be erected for the following maximum continuous time periods: 1. Signs Mounted with Standard Wire Stakes or T-Posts: 30 days. 2. Signs Mounted with Metal or Wood Frames, or Mounting Methods of Similar Durability: 90 days. 244

245 Table VIII Temporary & Incidental Signs (Generally) "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; "NR" = the sign type is permitted for non-residential uses only; the standard does not apply; Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes Yes Yes Yes Yes Yes Yes 2. Permit required for temporary signs? No No No No No No No 3. Permit required for incidental signs? Yes Yes Yes Yes Yes Yes Yes 4. Number-total (max.) Dimensions 5. Sign area, cumulative (maximum- sf) (up to the maximum area listed here or 10% of the building façade if attached, whichever is less) 6. Height (maximum-feet) Location 7. Property Line Setback (minimum-feet) Spacing between other detached signs (minimum-feet) Design Characteristics 9. Digital No No No No No No No 10. Illumination, Internal No No No No No No No 11. Illumination, External No No No No No No No 12. Illumination, Halo Lit No No No No No No No 13. Channel Letters No No No No No No No 14. Changeable copy No No No No No No No M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. C. Banners 1. Definition. 245

246 Banner means any strip of cloth, bunting, plastic, paper, or similar material, attached to any structure or framing. This definition does not include flags, pennants or streamers. D. Pole Banners. Banners are exempt from the maximum number, dimensions, and location requirements of Table VIII Banners below and the sign allocation system in Sec , if they: a. are mounted on a pole that provides a separate functional purpose such as street lighting, and b. Contain no text or other elements found in a sign as defined in this Division. 2. Standards. Banners shall comply with Table VIII Banners and the following: a. A banner may be displayed for no more than 60 continuous days during any calendar year. b. Banners shall be replaced or removed if they deteriorate by becoming frayed, faded, torn, or shredded in any manner. 3. Wall Banners. Banners mounted on a wall shall a. comply with the standards for attached signs (see Sec (b)(2)) and count toward the applicable attached sign allocation (see Sec ), and b. be securely attached flat against the building with metal brackets, expansion bolts, through bolts, or lag bolts and screws. 4. Pole Banners. Banners are exempt from the maximum number, dimensions, and location requirements of Table VIII Banners below and the sign allocation system in Sec , if they: a. are mounted on a pole that provides a separate functional purpose such as street lighting, and b. Contain no text or other elements found in a sign as defined in this Division. Table VIII Banners "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; * Advertising is not permitted Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? Yes* Yes* Yes Yes Yes Yes Yes 2. Permit required? No No No No No No No M-2, M-3 246

247 Table VIII Banners "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted; * Advertising is not permitted Requirements Zoning Districts / TND T-Zone 3. Number (maximum per frontage for residential lots, per tenant for a multi-tenant building in a commercial or industrial district, or per singletenant non-residential building) Dimensions A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D M-2, M Sign area (maximum-sf) Height (maximum-feet) Location 6. Property Line Setback (minimum-feet) Spacing between other signs (minimum-feet) Design Characteristics 8. Digital No No No No No No No 9. Illumination, Internal No No No No No No No 10. Illumination, External No No No No No No No 11. Illumination, Halo Lit No No No No No No No 12. Channel Letters No No No No No No No 13. Changeable copy No No No No No No No Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. * Advertising is not permitted. D. Feather Signs 1. Definition. Feather sign means a banner in the shape of a feather, quill, sail, blade or teardrop, and mounted on a solid or flexible pole or cord. These are sometimes referred to as quill signs or sail banners. 2. Standards. Feather signs shall comply with Table VIII Feather Signs and the following: 247

248 a. Feather signs are not allowed in the public right-of-way. Where feather signs are installed in the rightof-way in violation of this ordinance, the unified government may require the applicant to pay the costs of removing the feather signs to the extent allowed by law. b. Feather signs may only be installed for a maximum of 3 continuous days during any 60 day period. Table VIII Feather Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted Requirements Zoning Districts / TND T-Zone A-G, R, R- 1, R-1(B), R-2, R- 2(B), TND T-1, T-2, T-3, CS R-3, R- 4, R-5, R-6, R- M, TND T- 4 C-O C-1, TND T- 5 C-D, TND T-6 C-2, C-3, M-1, B-P, TND D 1. Permitted? No No Yes Yes Yes Yes Yes 2. Permit required? No No No No No No No 3. Number (maximum per frontage) for first 100 feet, then 1 per 200 feet maximum 3 1 Dimensions 4. Sign area (maximum-sf) Height (maximum-feet) Location 6. Property Line Setback (minimum-feet) Spacing between other signs (minimum-feet) Design Characteristics 8. Digital No No No No No 9. Illumination, Internal No No No No No 10. Illumination, Externa No No No No No 11. Illumination, Halo Lit No No No No No 12. Channel Letters No No No No No 13. Changeable copy No No No No No M-2, M-3 Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. * Advertising is not permitted. Sec Sign Area and Height Measurements A. Sign Area 1. Detached Signs. a. Generally. For a sign with one sign face, sign area is computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any panel or material forming an integral part of the background of the display 248

249 against which it is placed, other than structural supports (for detached signs included in Sec (c)), but including structural supports for temporary or incidental signs). b. Computation of Area of Multi-faced Signs. The sign area for a sign with more than one face is computed by adding together the area (measured as provided in subsection a., above) of all sign faces visible from any one point. When two sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when the sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area is computed by the measuring one of the faces (as provided in subsection a., above). 2. Attached Signs. a. Where sign size is prescribed as a percent of wall area, the wall area is a continuous portion of a building facade below the roofline or major architectural feature as viewed by a person approaching the building consisting of a plane surface. b. For an attached sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions include the entire portion within the background or frame. 249

250 c. For an attached sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure with no distinct mounting surface (such as a board or plastic face) other than the wall, the area is calculated by 1. applying a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) around the individual letters, figures or elements, or 2. up to the number of regular geometric shapes as provided for the maximum number of attached signs per facade in Sec for each wall or face that enclose distinct clusters of individual letters, figures or elements. d. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. e. The sign area does not include any supporting framework, bracing, or decorative fence or wall when the fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. 3. Artistic Elements. Signs that are composed of individual letters, symbols, pictographics or other artistic elements without a distinct mounting surface (such as a board or plastic face), such as channel lettering, the sign area is the sum total of planar surface area of the individual sign components, excluding voids between the letters or components. The permitted sign area for an individual sign (see Sec ) may increase by up to 20% to accommodate irregular shapes that extend beyond the mounting surface, but the overall sign area must fall within the maximum sign area allocation established in Sec The planar surface refers to the horizontal plane facing the public right-of-way, and excludes any threedimensional elements that are perpendicular to the public right-of-way. 4. Incidental or Temporary Signs. Incidental or temporary signs are measured in accordance with subsection (1) if they are not attached to a building or structure, and subsection (2) if they are attached to a building or structure. 250

251 B. Sign Height 1. The height of a detached sign is measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A detached sign on an artificial base, including a graded earth mound, is measured from the grade of the nearest pavement or top of any pavement curb. 2. Clearance for detached and projecting signs is measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. Sec Master Sign Plans. Purpose: This Section establishes as process to develop standards to assure harmony and visual quality throughout a master planned project. A. Applicability. This section applies to an office park, hotel or motor hotel, shopping center, industrial park, or other grouping of three or more buildings, tenants or establishments. B. Master Sign Plan Required. 1. An applicant subject to this section shall submit a set of sign standards for all exterior signs with any application for a rezoning, special use permit, or site plan. 2. The master sign plan is approved concurrent with the rezoning, special use permit, or site plan. C. Standards-Generally 1. The master sign plan shall establish standards for the size, colors, materials, styles of lettering, appearance, type of illumination and location consistent with this Division and Table VIII-11-9 below. 2. The applicant and its successors and assigns shall comply with the approved master sign plan. 3. The standards for the master sign plan supersede any standards in Sec and Sec to the extent that they are inconsistent. Any signs not addressed in the master sign plan are subject to the standards in Sec and Sec The approved master sign plan standards shall run with all leases or sales of portions of the development. D. Additional Standards for Center / Secondary Signs 1. If not located within the landscaped setback, the sign base shall be located within a curbed, landscaped area extending at least 3 feet on all sides of the sign base. 251

252 2. An additional sign may be incorporated into a structure such as a water feature, sculpture, topiary, or other art form if the Director finds that E. Wall Signs a. the sign is integrated visually with the structure, and b. is compatible with the scale and design of the feature or art form, and c. is compatible with surrounding development. 1. Generally. One (1) wall sign is allowed in a Center for each occupant with façade frontage (refer to Sec and Sec for dimensional standards). 2. Districts CI and CPI. Individual businesses in multitenant buildings in the CI or CPI districts are permitted, in lieu of the maximum wall sign allocation, to have a wall sign up to 25 square feet in area if the sign does not exceed 10% of the wall area. 3. Districts CP-O and MP-3. In districts CP-O through MP-3, single tenant buildings of more than 100,000 square feet may have one wall sign on each building facade in addition to any permitted detached sign. Sign area must comply with Sec (Code 1988, ; Ord. No , 1( ), ; Ord. No , 3, ; Ord. No , 22, ; Ord. No. O , 1, ; Ord. No. O-9-15, 1, ) Table VIII Center and Secondary Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted Requirements Zoning Districts / TND T-Zone C-O, C-1, C-D, C-2, C-3, M- 1, B-P, M-2, M-3, and planned district equivalents; TND T-5, TND T-6, TND D Projects > 50,000 sf building area in CP-O, CP- 1, CP-D, CP-2, or CP-3; or > 5 acres in MP1, BPP, MP2, or MP3 1. Number of monument signs per one street frontage ( Center Sign ) (* see additional area and height restrictions below if a second 1 1 or 2* center sign is used) 2. Number of monument signs per additional street frontage ( Secondary Sign ) 1 1* 3. Number of monument signs per main building (subject to maximum detached sign allocation in and lieu of the monument signs allowed in lines 2 and 3 above) ( Secondary 1 1 Sign ) 4. Number-total 1 or 2* 1 or 2* Dimensions 5. Sign area (maximum-sf) Center Sign (maximum - sf) n/a 100 Additional area per 1 foot of additional setback / maximum total area (applies only if there is a single n/a 15 / 250 Center Sign) Center sign additional area allowed (above maximum in Sec and Sec ) for one street frontage where Center 33% includes over 20,000 square feet of building area Secondary Signs (see lines 2-3 above) (maximum - sf)

253 Table VIII Center and Secondary Signs "Yes" = the sign type or characteristic is permitted; "No" = the sign type or characteristic is not permitted Requirements 6. Height (maximum-feet) Center Sign Zoning Districts / TND T-Zone C-O, C-1, C-D, C-2, C-3, M- 1, B-P, M-2, M-3, and planned district equivalents; TND T-5, TND T-6, TND D n/a Projects > 50,000 sf building area in CP-O, CP- 1, CP-D, CP-2, or CP-3; or > 5 acres in MP1, BPP, MP2, or MP3 20 (10 if there are 2 Center Signs) Additional height per 1 foot of additional setback / maximum total height n/a 1 / 30 Monument sign height for Secondary Signs (see line 3-4 above) 12 8 Location 7. Property Line Setback (minimum-feet) Center Sign Secondary Sign Spacing between other detached signs (minimum-feet) Design Characteristics 9. Digital Up to 30% of sign face Up to 40% of sign face 10. Illumination, Internal Yes Yes 11. Illumination, External Yes Yes 12. Illumination, Halo Lit Yes Yes 13. Channel Letters Yes Yes 14. Changeable copy No No Rules of Interpretation: Yes = the sign type or characteristic is permitted; No = the sign type or characteristic is not permitted; R = the sign type or characteristic is required; NR = the sign type is permitted for non-residential uses only; the standard does not apply. Z = as established for the principal building by the applicable zoning district. Sec Sight distance at intersections. No sign that obstructs the view is allowed within the sight distance triangle of a street intersection, as provided in division 8 (Sec ) of this article. (Code 1988, ; Ord. No , 1( (E)), ; Ord. No. O-9-15, 1, ) Sec Residential land development signs. A. Applicability. Each residential land development is permitted 2 monument signs (hereinafter Entrance Signs ) for each public street entrance into the development. B. Standards. 1. The Entrance Signs shall not exceed 5 feet in height or 40 square feet in area. 2. Where the Entrance Sign is proposed to be incorporated into a larger structure such as a wall, entrance gate, fence or other substantial structure, the structure shall not exceed 8 feet in height and the area of copy shall not exceed 32 square feet. 253

254 (Code 1988, ; Ord. No , 1( (K)), ; Ord. No , 25, ; Ord. No. O- 9-15, 1, ) Sec Billboards. A. Compliance. No billboard shall be erected, installed or structurally altered except in conformance with this section. B. Definitions. The following words, terms, and phrases, when used in this section, have the meanings assigned below, except where the context clearly indicates a different meaning: Bulletin. A billboard between 300 and 925 square feet in sign surface. Digital billboard. A billboard which has a computer controlled board that displays an image through the use of light emitting diode display (LED) or similar technology. Junior poster panel. A billboard not exceeding 100 square feet in sign surface. Junior poster panels may not be digital billboards. Billboard. See Off-Premise Signs as defined in 0, commonly known as outdoor advertising signs. The use of the term "billboard" in this Section includes digital billboards, unless otherwise provided. Poster panel. A billboard between 100 and 300 square feet in sign surface. C. District sign requirements. Billboards are allowed only in the M-2 and M-3 zoning districts. In addition: 1. In the M-2 zoning district, only junior poster panels and poster panels are allowed, not to exceed 300 square feet in sign surface area. 2. In the M-3 zoning district, junior poster panels and poster panels are allowed. A bulletin whose sign surface does not exceed 925 square feet is allowed when adjacent to freeways and expressways as defined by the Unified Government's Major Street Plan. D. Permitted and Prohibited Locations. 1. Billboards, except for digital billboards, are permitted on Argentine Boulevard, Southwest Boulevard, and Quindaro Boulevard, their boulevard designation notwithstanding. 2. Regardless of zoning district, billboards are prohibited on any lot or parcel abutting, or within 300 feet, of the following streets: a. Grandview Boulevard from 9th Street to Park Drive. b. Hoel Parkway from Minnesota Avenue to Washington Boulevard. c. Meadowlark Lane from State Avenue to Parallel Parkway. d. Parallel Parkway from 3rd Street to the western city limits. e. Park Drive from 18th Street to 38th Street. f. Parkwood Boulevard from 10th Street to Brown Avenue. g. Rainbow Boulevard from Southwest Boulevard to County Line Road. h. Washington Boulevard from 3rd Street to Orville Avenue. i. Wilson Boulevard from Grandview Boulevard to 23rd Street. j. 57th Street from K-32 Highway to State Avenue. k. 59th Street from Parallel Parkway to Leavenworth Road. l. 77th Street from Parallel Parkway to Leavenworth Road. m. 78th Street from K-32 Highway to Parallel Parkway. 254

255 n. 107th Street/110th Street/Hutton Road from I-70 Highway to Wolcott Drive/95th Street/K-5 Highway. o. I-435 p. I-635 q. 18 th Street from I-670 to K-5 r. 7 th Street s. State Avenue E. Sign permits. Sign permits are required (see Sec ) and as follows: 1. Any person owning, controlling, or maintaining any billboard within the city shall file annually, between December 15 and December 31 of each calendar year, a report with the building official, in a form approved by the building official, giving the location, size, and illumination of all existing signs that that person controls. 2. The building official shall annually inspect, during the month of January of each calendar year, all billboards within the city limits to determine their conformance with this Division. 3. No renewal permit shall be issued for any legal, nonconforming billboard until the building official performs an inspection and determines that the billboard complies with this Division. The County Administrator shall establish the annual inspection fees. The inspection fee shall be paid at the time the annual report for each sign is filed with the building official. (Code 1964, 7-25(7-58.5); Code 1988, 8-61; Ord. No , 1, ; Ord. No , 6, ) F. Surface restrictions. 1. No portion of an outdoor advertising surface shall be more than 35 feet high. Where not located along a freeway or expressway, the vertical dimension shall be no more than 17 feet high. 2. No sign surface shall be more than 53 feet wide. 3. No sign surface shall be larger than 750 square feet in area. 4. Two sign surfaces located one above the other or side by side which have parallel sign surfaces visible from the same position, are located on the same sign structure, and collectively would not exceed the sign surface requirements for subsections (1) (3) of this section for height, width, and area of a single sign surface, are not prohibited by this requirement. 5. Animated, flashing, smoking, or rotating sign surfaces and beacons are prohibited. 6. Except for digital billboards, sign copy on billboards shall not be changed more than once every twelve hours. G. Digital Billboards 1. Locations. a. Digital billboards are permitted on legally established, existing billboard structures located adjacent to interstate highways, subject to the requirements of this Code. b. Digital billboards are permitted on existing off-premise billboard structures and shall comply with the requirements set forth in this section in addition to all other applicable requirements of this chapter. A stacked or side-by-side sign is not allowed under this section. Digital billboards are not permitted on billboard structures newly erected after the effective date of this section. 2. Operational limitations. Digital billboards shall comply with Sec (d). 255

256 3. Permitting. A special use permit is not required to convert an existing off-premises billboard to a digital billboard. However, the sign owner/applicant shall apply for and must obtain a sign permit from the planning director prior to any conversion. The sign owner/applicant shall provide the following information upon forms prescribed by the planning director, along with the applicable fee, and shall be accompanied by a written, detailed plan which sets forth: a. The location and size in square footage of the sign to be converted; b. The size in square footage of the existing billboards to be removed; c. The locations of the signs to be removed; d. The submission of stamped drawings from an engineer, showing required structural upgrades and alterations necessary to support the weight of the added digital technology necessary for the conversion; and e. A statement that the signs being removed meet the removal criteria of subsection (k) below. 4. Conversion of Billboards. The conversion of an existing billboard to a digital billboard is not considered maintenance for purposes of Sec (a)(2)a or Sec (c)(5). Those conversions are subject to the permitting and fee requirements of this Division. H. Removal Criteria for Digital Billboards. With respect to a digital billboard permit, as a condition of approval, the owner/applicant shall, at his or her sole expense, comply with the following requirements: 1. In the case of poster boards and junior poster boards, at least two and a half (2.5) times the square footage of existing conforming or nonconforming outdoor advertising poster or junior poster board signage in Kansas City, Kansas shall be removed contemporaneously with the conversion of the approved digital advertising sign of the same square footage; 2. In the case of bulletins, at least one and a half (1.5) times the square footage of existing conforming or nonconforming outdoor advertising bulletin signs in Kansas City, Kansas shall be removed contemporaneously with the conversion of the approved digital advertising sign of the same square footage. 3. Failure of the owner/applicant to remove the existing billboard within 30 days of the completed conversion of any new digital billboard violates this section and is grounds for revocation of the owner/applicant's permit for the digital billboard. a. A conversion shall be deemed complete when all supporting structures, cabinets and electronic fixtures are installed, even if messages have not yet begun displaying on the digital billboard. b. A written affidavit from the owner/applicant stating that removal is complete shall be filed with the planning director within seven business days after the 30-day removal period. Failure to provide the affidavit within seven business days after the 30-day removal period results in a $ fine for every day that the applicant fails to provide the affidavit. 4. Spacing of outdoor signs. The exact locations of any conforming or nonconforming billboard or signs that are removed pursuant to this section shall continue to be used for the purpose of future calculations regarding spacing between billboards and digital billboards, such that the removal of one billboard does not allow for construction of a new billboard in the same area. 5. Limited number of permits. No owner/applicant is allowed to have more than 7 permits for digital billboard surfaces in Kansas City, Kansas at any one time. I. Sign height. 1. No sign structure or surface shall project higher than 40 feet above the average finished grade measured at the base of the sign structure. 256

257 2. If a street or highway surface to which the sign is oriented is higher than the average finished grade elevation at the base of the sign structure, the higher street elevation may be used in determining the permitted height. 3. In no case shall the height exceed 80 feet above the average finished grade elevation at the base of the sign structure. There shall be an open space of at least ten feet between the bottom of the sign surface and the finished grade elevation at the base of the sign structure. J. Sign setback. No sign shall be closer than 25 feet to any property line. When a sign is located adjacent to residentially zoned property, the sign setback shall be equal to the overall sign height or the most restrictive setback, whichever is greater. K. Sign spacing. 1. No new sign shall be less than 1,000 feet from any existing billboard surface. When adjacent to a freeway or expressway or class A thoroughfare, the minimum distance shall not be less than 1,000 feet. The required distance shall be measured along the centerline of the frontage street or streets from a point opposite any edge of a sign surface and perpendicular to the street's centerline. For the purpose of this Division, frontage street or streets shall include exit and entrance ramps associated with the freeway or expressway or class A thoroughfare system as well as the main traveled roadway. Any sign that is farther than 660 feet from freeway, expressway or class A thoroughfare right-of-way shall not be considered adjacent. Double-faced sign structures having parallel sign surfaces and adjacent sign structures having touching sign surfaces with an angle no greater than 90 degrees between sign surfaces, and not exceeding the sign surface requirements, are not prohibited by this requirement. 2. No sign shall be located within 500 feet of a publicly owned park or publicly owned building. 3. No sign shall obstruct clear vision of any road or railroad intersection. 4. No sign shall be erected which obstructs any authorized traffic-control device. 5. No sign shall be erected which blocks the surrounding view within 500 feet of a residential structure located in a residential zoning district. When determining if a sign would block the view from a residential structure, the planning commission shall consider topographical conditions, sign elevation, sign placement, sign dimensions, sign lighting, and amount of view that would be obstructed. L. Roof signs. No new billboard shall be located on or above the roof of any building. M. Landscaping. All yard areas not covered by sign structures or paved areas and within 15 feet of the sign shall be landscaped with such landscaping continuously maintained. If the grade at base of the sign is altered, proper drainage for surface water shall be provided by the sign company of record. N. Maintenance. The exposed upright superstructure or backside of all billboards shall be painted a neutral color such as light blue, gray, or white unless it is integral to the overall design of the sign. O. Provisions Not Severable. The provisions of this section are declared to be not severable and if any provision, word, phrase or clause of this section or its application to any person or other entity is held invalid, that invalidity causes the remaining portions of this section to be invalid. (Code 1988, ; Ord. No , 1( ), ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 8, ; Ord. No , 26, ; Ord. No. O-9-15, 1, ) Sec Freeway and Expressway Signs. A. Generally. On sites meeting all the location and other requirements set out in this section, larger and taller detached signs are allowed. This is in deference to the higher speeds and limited access on freeways and expressways. This section does not allow additional signs or for center signs to be larger or taller than allowed under the provisions of Sec

258 B. Standards. 1. Minimum frontage. Two hundred feet continuous linear feet of property abutting freeway or expressway right-of-way. 2. Sign location. No more than 100 feet from the freeway or expressway right-of-way and where adjacent only to the entrance or exit ramps, no more than 250 feet from the nearest portion of the actual paved ramp. 3. Sign orientation. Sign face must be oriented toward the expressway or freeway. 4. Sign setback. As set out in Sec Sign height. The maximum sign height allowed is twice that set out in Sec , as measured from the finished grade at the edge of the freeway or expressway right-of-way nearest the sign to the top of the sign. 6. Sign area. The maximum sign area allowed shall be twice that set out in Sec (Code 1988, ; Ord. No , 5, ; Ord. No. O-9-15, 1, ) Sec Variances. A. Generally. Applicants may request a variance from the dimensional and design requirements of this Division pursuant to Sec B. Traffic Safety Considerations. In requesting a variance from the size or illumination requirements of this section, the applicant may provide and the Board of Zoning Appeals may consider factors relating to the appropriate sign size based on posted vehicle travel speeds, viewer reaction time, detection, and legibility as described in the following formula: A sign = 3n/80 [(VRT)(MPH)/LI] 2 Where A sign = area of the sign Fixed Value 40/60 ratio of letter to negative space Variable Values: n = number of letters VRT = Viewer Reaction Time (seconds) MPH= miles per hour (travel speed) LI = Legibility Index Application of this formula is described in Street Graphics and the Law, Fourth Edition (American Planning Association, PAS Report 580, August 2015), chapter 4, which document is hereby incorporated by reference and maintained in the offices of the Planning Director. Sec Enforcement. A. Generally. 1. No sign regulated under this Division shall be installed, erected, or maintained in violation of the provisions of this Division. 2. Signs in violation of this Division are enforceable as provided in Secs , , and this Section. B. Notice of Violation. 1. If a sign fails to meet the requirements of this Division, the building official shall cause a notice to be sent to a. the owner of record of the tract or building upon which the sign is situated, and 258

259 b. for billboards, to the permit holder of the sign, by certified mail, return receipt requested. 2. The notice shall inform the owner or permit holder of the location of the sign and the nature of the violation. 3. The owner or permit holder has 10 days from receipt of the notice in which to correct the violation. For good cause shown, the building official may extend the time for compliance. 4. Any owner or permit holder failing to timely correct the violation is subject to penalty as set forth in section 1-8 of the Unified Government Code. The building official shall not issue building permits for new signs to any person who is in violation of the provisions of this Division. C. Removal of Signs on Public Property. 1. Signs posted or otherwise affixed to or on any of the following, or as described below, are unlawful and in violation of this Division and are subject to immediate removal without notice. Any signs removed under this subsection will be held for 10 days and, if not claimed within that time, will be disposed of: a. Any public building or any public bridge; b. Any sidewalk, crosswalk, or curb; c. Any public right-of-way; d. Any paved portion of any street or highway; e. Any median strip of any divided street or highway; f. Any street sign or on any traffic sign or signal or any railroad sign or signal; g. Any telegraph, telephone, electric light, power, or any other utility pole or any fire hydrant; h. Any tree on public property, including those in the public right-of-way; i. Any public park; j. In a manner that may cause a reduction in intersection sight distances or create any other hazard to life or safety; k. In a manner which obstructs clear vision of any road or railroad intersection; or l. In a manner which obstructs any authorized traffic control device. 2. This subsection does not apply to signs erected by, on behalf of, or pursuant to the authorization of a governmental body, including identification, informational, traffic, directional, or regulatory signs. D. Failure to Maintain. The Unified Government may declare a sign that is not properly maintained as provided in Sec a nuisance, and seek abatement as provided in K.S.A e. (Code 1964, 7-25(7-58.6); Code 1988, 8-52; Ord. No , 1, ; Ord. No. O-2-99, 2, ) Definitions. E. Generally. This Division is subject to all definitions, rules of interpretation and enforcement provisions of 3. the International Building Code, as adopted and amended by the city, and 4. Sec of this Article. F. The following words, terms, and phrases have the meanings assigned below, except where the context clearly indicates a different meaning: Advertising. Any sign text, logo, or other representation that, directory or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Attached sign. See Sec (b). 259

260 Awning sign. See Sec (b)(4)a (Awning / Canopy / Marquee Signs). Balloon. An inflatable device, tethered in a fixed location and greater than 18 inches in any direction, that - has a sign with a message on its surface or attached in any manner to the balloon, or is attached to a building or pole, or in a manner so that it projects higher than the roof of the main building on the lot or parcel. Banner sign. See Sec (c)(Banners). Billboard. See Sec Building area. See floor area, habitable as defined in Sec Building code. The International Building Code, as adopted and amended by the unified government (see Chapter 8, Article II of the Unified Government Code). Bulletin. See Sec (b) (billboards). Canopy sign. See Sec (b)(4)a (Awning / Canopy / Marquee Signs). Center A. Development or proposed development that has multiple buildings or tenants under unified management, or is created by a subdivision (see Article VII) in the C-O, C-1, C-D, C-2, C-3, M-1, B-P, M-2, M-3, TND T-5, TND T-6, TND D, CPO, CP1, CPD, CP2, CP3, MP1, BPP, MP2, MP3, CI, CPI, CPO, or MP-3 districts or transect zones where the proposed uses are not dwellings a defined in Sec (but may include mixed use buildings as defined in Sec ), or is a single building with multiple non-residential tenants, or has an approved master sign plan per Sec Changeable copy. Characters, letters, numbers, or illustrations that can be manually replaced or altered through the placement of letters or symbols on a panel mounted or track system. Changeable message sign. A manually, mechanically or electronically activated sign on which copy is changed two times per day or less. This includes reader boards, gas price signs, and theater marquees, but is not limited to them. Billboards, poster panels, junior poster panels and painted boards are not changeable message signs. Channel Letter. A fabricated or formed three-dimensional letter. Commercial copy. see advertising. Commercial district. Any of the following zoning districts: C-O, C-1, C-D, C-2, and C

Cartersville Code of Ordinances Historic Preservation Commission

Cartersville Code of Ordinances Historic Preservation Commission Cartersville Code of Ordinances Historic Preservation Commission Sec. 9.25-31. Purpose Sec. 9.25-32. Historic preservation commission. Sec. 9.25-33. Recommendation and designation of historic districts

More information

SAMPLE LANGUAGE FOR HISTORIC PRESERVATION ORDINANCE

SAMPLE LANGUAGE FOR HISTORIC PRESERVATION ORDINANCE SAMPLE LANGUAGE FOR HISTORIC PRESERVATION ORDINANCE INTRODUCTION Today, Ohioans are increasingly searching for effective ways to protect their historic neighborhoods, downtowns and rural landscapes and

More information

Codified Ordinances of Pickerington, Ohio

Codified Ordinances of Pickerington, Ohio Codified Ordinances of Pickerington, Ohio CHAPTER 1478 Olde Downtown Pickerington Village District 1478.01 Definitions. 1478.02 Establishment. 1478.03 Purposes. 1478.04 District boundaries. 1478.05 Olde

More information

Chapter 22 Historic Preservation/Design Review

Chapter 22 Historic Preservation/Design Review Chapter 22 Historic Preservation/Design Review Section 20.01 Purpose and Intent 22.02 Definitions 22.03 Historic Preservation/Design Review Commission 22.04 Administration Historic Preservation/Design

More information

Chapter HISTORIC PRESERVATION

Chapter HISTORIC PRESERVATION Sections: 15.20.010 Purpose. 15.20.015 Enabling authority. 15.20.020 Definitions. 15.20.025 Reserved. 15.20.030 Duties of the permit services administrator, the director of community development, historic

More information

CHAPTER 20 HISTORIC PRESERVATION

CHAPTER 20 HISTORIC PRESERVATION CHAPTER 20 HISTORIC PRESERVATION SUBCHAPTER I: GENERAL PROVISIONS 20.01 Purpose and Intent 20.02 Definitions 20.03 Historic Preservation Commission Composition 20.04 Historic Structure, Historic Site and

More information

ORDINANCE NO. 972 N.S. AN ORDINANCE OF THE CITY OF EL PASO DE ROBLES ADDING ARTICLE V. CHAPTER OF THE MUNICIPAL CODE ON HISTORIC PRESERVATION

ORDINANCE NO. 972 N.S. AN ORDINANCE OF THE CITY OF EL PASO DE ROBLES ADDING ARTICLE V. CHAPTER OF THE MUNICIPAL CODE ON HISTORIC PRESERVATION ORDINANCE NO. 972 N.S. AN ORDINANCE OF THE CITY OF EL PASO DE ROBLES ADDING ARTICLE V. CHAPTER 21.50 OF THE MUNICIPAL CODE ON HISTORIC PRESERVATION WHEREAS, policies contained in the City s General Plan

More information

Area regulations, height regulations, and off-street parking. Lot sizes, front, side and

Area regulations, height regulations, and off-street parking. Lot sizes, front, side and Page 1 of 6 5.1. - H-1 historic overlay district. A. B. C. D. E. General description. This district in intended, as provided in T.C.A. 13-7-401 et seq., to preserve and protect historic structures and

More information

Historic Preservation 1

Historic Preservation 1 Historic Preservation 1 CHAPTER 151: HISTORIC PRESERVATION Section In General 151. 01 Legislative findings; purpose of chapter Historic Preservation Commission 151.15 Created 151.16 Composition 151.17

More information

MASON COUNTY HISTORIC PRESERVATION ORDINANCE

MASON COUNTY HISTORIC PRESERVATION ORDINANCE MASON COUNTY HISTORIC PRESERVATION ORDINANCE TITLE 17 CHAPTER 17.40 - MASON COUNTY CODE 17.40.100 Purpose 17.40.110 Title 17.40.120 Definitions 17.40.130 Mason County Historic Preservation Commission 17.40.140

More information

ARTICLE VIII HISTORIC PRESERVATION FINAL DRAFT October 1, 2015 Prepared by WPPlanning ORDINANCE NO.

ARTICLE VIII HISTORIC PRESERVATION FINAL DRAFT October 1, 2015 Prepared by WPPlanning ORDINANCE NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WINTER PARK, FLORIDA, AMENDING CHAPTER 58 LAND DEVELOPMENT CODE ARTICLE VIII, HISTORIC PRESERVATION SO AS TO PROVIDE CLARITY, IMPROVE FUNCTIONALITY, AND REVISE

More information

(c) County board of commissioners means 1 of the following, as applicable: (ii) In all other counties, 1 of the following:

(c) County board of commissioners means 1 of the following, as applicable: (ii) In all other counties, 1 of the following: TOWNSHIP PLANNING Act 168 of 1959, as amended, (including 2001 amendments, 2006 amendments) AN ACT to provide for township planning; for the creation, organization, powers and duties of township planning

More information

Historic Preservation Ordinance Draft- 6/3/16 Page 1

Historic Preservation Ordinance Draft- 6/3/16 Page 1 Chapter 25.45 - HISTORIC PRESERVATION 25.45.002 Intent and purpose. 25.45.004 Definitions. 25.45.006 Properties listed on the historic register. 25.45.008 Procedures for the alteration of historic register

More information

DODGE CITY HISTORIC RESOURCES PRESERVATION ORDINANCE

DODGE CITY HISTORIC RESOURCES PRESERVATION ORDINANCE DODGE CITY HISTORIC RESOURCES PRESERVATION ORDINANCE Section 1: Purpose & Applicability Section 2: Dodge City Landmarks Commission Section 3: Promotion And Other Functions Section 4: Administration and

More information

CHAPTER 1A-38 TAX EXEMPTIONS FOR HISTORIC PROPERTIES

CHAPTER 1A-38 TAX EXEMPTIONS FOR HISTORIC PROPERTIES CHAPTER 1A-38 TAX EXEMPTIONS FOR HISTORIC PROPERTIES 1A-38.001 1A-38.002 1A-38.003 1A-38.004 1A-38.005 1A-38.006 1A-38.007 Purpose. (Repealed) Definitions. Appplication for Exemption. Evaluation of Property.

More information

ARTICLE 2: General Provisions

ARTICLE 2: General Provisions ARTICLE 2: General Provisions 2-10 Intent The basic intent of the Town of Orange s Zoning Ordinance is to implement the goals and objectives of the adopted Town of Orange Comprehensive Plan, hereafter

More information

CULTURAL RESOURCES CULTURAL PROPERTIES AND HISTORIC PRESERVATION REVIEW OF PROPOSED STATE UNDERTAKINGS THAT MAY AFFECT REGISTERED CULTURAL PROPERTIES

CULTURAL RESOURCES CULTURAL PROPERTIES AND HISTORIC PRESERVATION REVIEW OF PROPOSED STATE UNDERTAKINGS THAT MAY AFFECT REGISTERED CULTURAL PROPERTIES TITLE 4 CHAPTER 10 PART 7 CULTURAL RESOURCES CULTURAL PROPERTIES AND HISTORIC PRESERVATION REVIEW OF PROPOSED STATE UNDERTAKINGS THAT MAY AFFECT REGISTERED CULTURAL PROPERTIES 4.10.7.1 ISSUING AGENCY:

More information

13 NONCONFORMITIES [Revises Z-4]

13 NONCONFORMITIES [Revises Z-4] Dimensional Standards Building Design Standards Sidewalks Tree Protection & Landscaping Buffers & Screening Street Tree Planting Parking Lot Landscaping Outdoor Lighting Signs 13.1 PURPOSE AND APPLICABILITY

More information

LINCOLN COUNTY HISTORIC PROPERTIES ORDINANCE

LINCOLN COUNTY HISTORIC PROPERTIES ORDINANCE ' LINCOLN COUNTY HISTORIC PROPERTIES ORDINANCE 10 The historical heritage of Lincoln County is one of its most valued and important assets Conservation of historic properties will stabilize and increase

More information

ORDINANCE NO

ORDINANCE NO ORDINANCE NO. 02-787 AN ORDINANCE OF THE CITY OF POMEROY, WASHINGTON, ADDING A NEW CHAPTER 14.28 TO THE POMEROY MUNICIPAL CODE; ADOPTING REGULATIONS PERTAINING TO HISTORIC PRESERVATION IN THE CITY OF POMEROY;

More information

FORT MYERS BEACH LAND DEVELOPMENT CODE

FORT MYERS BEACH LAND DEVELOPMENT CODE FORT MYERS BEACH LAND DEVELOPMENT CODE CHAPTER 22 HISTORIC PRESERVATION 1 ARTICLE I. IN GENERAL Sec. 22-1. Purpose. Sec. 22-2. Applicability. Sec. 22-3. Definitions. Sec. 22-4. Penalty. Secs. 22-5--22-40.

More information

Butte-Silver Bow Municipal Code BUTTE-SILVER BOW HISTORIC PRESERVATION PROGRAM Historic preservation commission (HPC) established.

Butte-Silver Bow Municipal Code BUTTE-SILVER BOW HISTORIC PRESERVATION PROGRAM Historic preservation commission (HPC) established. Sections: Butte-Silver Bow Municipal Code BUTTE-SILVER BOW HISTORIC PRESERVATION PROGRAM 2.64.010 Purpose and intent. 2.64.020 Objective. 2.64.030 Scope. 2.64.040 Definitions. 2.64.050 Historic preservation

More information

HISTORIC PRESERVATION ORDINANCE

HISTORIC PRESERVATION ORDINANCE 337 E. Bennett Ave., POB 430, Cripple Creek, CO 80813 Phone (719) 689-3905 HISTORIC PRESERVATION ORDINANCE ORDINANCE NO. 1991-2 AN ORDINANCE FOR THE PROTECTION, ENHANCEMENT, PERPETUATION AND USE OF THOSE

More information

ARTICLE XVI HISTORIC RESOURCE PROTECTION STANDARDS

ARTICLE XVI HISTORIC RESOURCE PROTECTION STANDARDS ARTICLE XVI HISTORIC RESOURCE PROTECTION STANDARDS Section 1600 STATEMENT OF PURPOSE AND INTENT It is the purpose of East Pikeland Township to promote, protect, enhance and preserve historic resources

More information

BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA AB 4473 October 19, 2009 Regular Business HISTORIC LANDMARKS POTENTIAL INTERLOCAL AGREEMENT WITH KING COUNTY Proposed Council Action: Briefing only.

More information

HISTORIC PRESERVATION OVERLAY DISTRICTS

HISTORIC PRESERVATION OVERLAY DISTRICTS CITY OF SHREVEPORT, LOUISIANA HISTORIC PRESERVATION OVERLAY DISTRICTS Frequently Asked Questions (FAQs) The Metropolitan Planning Commission www.shreveportcaddmpc.com FAQs: March 12, 2019 Benefits of Preservation

More information

CRITERIA FOR EVALUATION

CRITERIA FOR EVALUATION This project focused on establishing the historic context for the commercial buildings in West Hollywood from its initial development in the 1890s through its incorporation as a city in 1984. The scope

More information

TABLE OF CONTENTS. Page

TABLE OF CONTENTS. Page TABLE OF CONTENTS Page ARTICLE IX SPECIAL PROVISIONS 2 DIVISION 1 NONCONFORMING USES, LOTS, AND STRUCTURES 2 Section 9-100 Generally... 2 Section 9-101 Nonconforming Uses 2 Section 9-102 Nonconforming

More information

NATIONAL REGISTER OF HISTORIC PLACES

NATIONAL REGISTER OF HISTORIC PLACES 1501 (Rev. 07/2012) INFORMATION ON NOMINATING PROPERTIES TO THE NATIONAL REGISTER OF HISTORIC PLACES AND THE COLORADO STATE REGISTER of HISTORIC PROPERTIES National Register and State Register Programs

More information

Selected Provisions of the Code of the City of Austin: Historic Preservation

Selected Provisions of the Code of the City of Austin: Historic Preservation Selected Provisions of the Code of the City of Austin: Historic Preservation Code Provisions as of July 9, 2013 Prepared by Preservation Austin 1 Table of Contents This packet contains only the most relevant

More information

NOW THEREFORE, The Council of the City of Alpharetta hereby ordains, as follows:

NOW THEREFORE, The Council of the City of Alpharetta hereby ordains, as follows: AN ORDINANCE AMENDING ARTICLE II OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ALPHARETTA, GEORGIA TO ADD A NEW SECTION 2.9, ENTITLED HISTORIC PRESERVATION INCENTIVE ZONING ; TO ESTABLISH THE ALPHARETTA

More information

Chapter 401. General Provisions

Chapter 401. General Provisions GENERAL PROVISIONS 401.010 TITLE 401 Chapter 401. General Provisions Section 401.010 Section 401.020 Section 401.030 Section 401.040 Section 401.050 Section 401.060 Title Authority Purpose Applicability

More information

PROPOSED AMENDMENTS TO THE KANE COUNTY HISTORIC PRESERVATION ORDINANCE. Ordinance No

PROPOSED AMENDMENTS TO THE KANE COUNTY HISTORIC PRESERVATION ORDINANCE. Ordinance No PROPOSED AMENDMENTS TO THE KANE COUNTY HISTORIC PRESERVATION ORDINANCE Ordinance No. 88-99 Ordinance No. 88-99 Words and/or phrases printed with a strikeout line through them shall be deleted and words

More information

PIKE TOWNSHIP, OHIO July 6, 2010 ZONING REGULATIONS

PIKE TOWNSHIP, OHIO July 6, 2010 ZONING REGULATIONS CHAPTER 9 - ADMINISTRATION AND ENFORCEMENT Section A - General Provisions The formulation, administration, and enforcement of these Zoning Regulations is hereby vested in the following offices of Clark

More information

TOWNSHIP OF FORKS NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO.

TOWNSHIP OF FORKS NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO. TOWNSHIP OF FORKS NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO. AN ORDINANCE: AMENDING CHAPTER 200 ZONING OF THE CODE OF FORKS TOWNSHIP ADDING A NEW ARTICLE IVA SETTING FORTH HISTORIC RESOURCE AND ADAPTIVE

More information

HISTORIC PRESERVATION ORDINANCE

HISTORIC PRESERVATION ORDINANCE HISTORIC PRESERVATION ORDINANCE (August 31, 2009) City of OXFORD, MISSISSIPPI Chapter 54 HISTORIC PRESERVATION* *State law references: Municipal power to preserve historic and architectural resources,

More information

Chapter 136. SOIL EROSION

Chapter 136. SOIL EROSION 1 of 8 12/19/2011 4:17 PM Township of Andover, NJ Monday, December 19, 2011 Chapter 136. SOIL EROSION [HISTORY: Adopted by the Township Committee of the Township of Andover by Ord. No. 77-11 (Ch. XVII

More information

Charter Township of Plymouth Zoning Ordinance No. 99 Page 331 Article 27: Nonconformities Amendments: ARTICLE XXVII NONCONFORMITIES

Charter Township of Plymouth Zoning Ordinance No. 99 Page 331 Article 27: Nonconformities Amendments: ARTICLE XXVII NONCONFORMITIES Charter Township of Plymouth Zoning Ordinance No. 99 Page 331 ARTICLE XXVII NONCONFORMITIES PURPOSE This Article is hereby established for the following purposes: 1. Recognition of Nonconformities To recognize

More information

SECTION 3.1 Zoning Permit Required for Construction, Land Use and Development.

SECTION 3.1 Zoning Permit Required for Construction, Land Use and Development. CHAPTER 3 ADMINISTRATION, FEES AND ENFORCEMENT SECTION 3.1 Zoning Permit Required for Construction, Land Use and Development. A. Zoning Permit Required. A zoning permit is required for any of the following

More information

Chapter XX Purchase of Development Rights Program

Chapter XX Purchase of Development Rights Program Chapter XX Purchase of Development Rights Program Short Title. This ordinance is to be known and may be cited as the Purchase of Development Rights ( PDR ) Program. Purpose Pursuant to the authority granted

More information

13-2 SUBDIVISION PLANS AND PLATS REQUIRED EXCEPTIONS Subdivision Plats Required To be Recorded

13-2 SUBDIVISION PLANS AND PLATS REQUIRED EXCEPTIONS Subdivision Plats Required To be Recorded ARTICLE XIII SUBDIVISIONS 13-1 INTENT AND PURPOSE 13-1-1 Intent: It is the intent of the County Commission through the adoption of this Article to more fully avail itself of the power granted under 17-27-601

More information

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS Formatting: Changes recommended by the Board and accepted by the County Commission are formatted in RED: Changes made by the Park County Commission are formatted in YELLOW highlight: and changes made by

More information

LANDMARK. Planning, Zoning & Economic Development Department. 209 N. York Street Elmhurst, Illinois (630) (p) (630) (f) DATE

LANDMARK. Planning, Zoning & Economic Development Department. 209 N. York Street Elmhurst, Illinois (630) (p) (630) (f) DATE City of Elmhurst Planning, Zoning & Economic Development Department LANDMARK APPLICATION 209 N. York Street Elmhurst, Illinois 60126 (630) 530-3100 (p) (630)782-6310 (f) CASE NUMBER UMBER: DATE APPLICATION

More information

DOWNTOWN FAÇADE IMPROVEMENT GRANT

DOWNTOWN FAÇADE IMPROVEMENT GRANT DOWNTOWN FAÇADE IMPROVEMENT GRANT The objective of the Facade Improvement Grant (FIG) Program is to improve the facades of downtown buildings so that after completion of work, citizens will notice a marked

More information

City of Pensacola 222 West Main Street Pensacola, FL 32502 Master File Number: 18-00385 File ID: 18-00385 *Type: Legislative Action Item Status: Agenda Ready Version: 1 Agenda Section: *Meeting Body: City

More information

ARTICLE 9 ARCHAEOLOGICAL AND HISTORIC PRESERVATION

ARTICLE 9 ARCHAEOLOGICAL AND HISTORIC PRESERVATION ARTICLE 9 ARCHAEOLOGICAL AND HISTORIC PRESERVATION CHAPTER A Archaeological Resources Protection... 3 Section 1 General... 3 A. Purpose and Intent... 3 B. Applicability... 3 Section 2 Development Subject

More information

Article I General Provisions

Article I General Provisions City of League City Zoning Code Update Article I General Provisions (Last Revisions Effective 05-22-2018) Article I General Provisions Sec. 125-1 Title This Chapter 125 of the Code of the City of League

More information

CHAPTER 21.11: NONCONFORMITIES...1

CHAPTER 21.11: NONCONFORMITIES...1 0 0 TABLE OF CONTENTS CHAPTER.: NONCONFORMITIES.....0 General Provisions... A. Purpose... B. Authority to Continue... C. Determination of Nonconformity Status... D. Nonconformities Created Through Government

More information

This chapter shall be known and may be cited as the "Unit Property Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.)

This chapter shall be known and may be cited as the Unit Property Act. (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.) DELAWARE 2201. Short title. This chapter shall be known and may be cited as the "Unit Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.) 2202. Definitions. The following words or phrases, as used in

More information

ARTICLE 1 GENERAL PROVISIONS

ARTICLE 1 GENERAL PROVISIONS ARTICLE 1 GENERAL PROVISIONS SECTION 100 TITLE This Ordinance shall be known and cited as the "Rice Township Subdivision and Land Development Ordinance." SECTION 101 AUTHORITY Rice Township is empowered

More information

Chapter 18 Taxation. Sec Annual property tax for payment of interest on bonds and retirement of bonds.

Chapter 18 Taxation. Sec Annual property tax for payment of interest on bonds and retirement of bonds. Chapter 18 Taxation Sec. 18-1. General annual property tax. The city council shall impose, by ordinance, an annual tax as it shall deem necessary for general corporate purposes on all real estate lying

More information

Chapter 90 - HISTORIC PRESERVATION [1] Footnotes: --- (1) --- ARTICLE I. - IN GENERAL. Sec Definitions.

Chapter 90 - HISTORIC PRESERVATION [1] Footnotes: --- (1) --- ARTICLE I. - IN GENERAL. Sec Definitions. Chapter 90 - HISTORIC PRESERVATION [1] Footnotes: --- (1) --- Cross reference Community development, ch. 22; environment, ch. 34; utilities, ch. 74; buildings and building regulations, ch. 78; planning,

More information

DOWNTOWN JANESVILLE. Business Improvement District Operating Plan

DOWNTOWN JANESVILLE. Business Improvement District Operating Plan DOWNTOWN JANESVILLE Business Improvement District Operating Plan 2019 TABLE OF CONTENTS Introduction..1 District Boundaries. 1 Proposed Operating Plan...1 Method of Assessment 4 Future Year Operating Plans...6

More information

ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE

ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE 4/18/00 1 ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE Section I - ENACTMENT Pursuant to the authority conferred by the Farmland Preservation Enabling Act, Article 61 of Chapter 106

More information

ORDINANCE NO. 04- NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:

ORDINANCE NO. 04- NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Agenda Item Meeting of / /04 ORDINANCE NO. 04- AN ORDINANCE REPEALING ARTICLE VI, CULTURAL AND ARCHEOLOGICAL RESOURCES OF CHAPTER 114, RESOURCE PROTECTION STANDARDS AND ADDING A NEW ARTICLE VI, HISTORIC

More information

WELCOME to the Timnath Land Use Code

WELCOME to the Timnath Land Use Code WELCOME to the Timnath Land Use Code DISPOSITION OF ORDINANCES ORDINACE SUBJECT SECTION DISPOSITION 10 SERIES 2002 ORIGINAL ADOPTION OF LAND USE CODE ALL 15 SERIES 2015 REPEAL AND REENACT LAND USE CODE

More information

FAQs about the Lakewood Ohio Historic Preservation Ordinance

FAQs about the Lakewood Ohio Historic Preservation Ordinance The Preservation Committee of the Lakewood Historical Society publishes this preservation ordinance information in order to encourage Lakewood residents to preserve their architectural and historical heritage

More information

[First Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 213th LEGISLATURE INTRODUCED DECEMBER 14, 2009

[First Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 213th LEGISLATURE INTRODUCED DECEMBER 14, 2009 [First Reprint] ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED DECEMBER, 00 Sponsored by: Assemblyman JERRY GREEN District (Middlesex, Somerset and Union) Assemblyman FREDERICK SCALERA District

More information

ARTICLE Nonconformities

ARTICLE Nonconformities ARTICLE 3.00 Section 3.01 Intent are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this Ordinance or a subsequent amendment, but which were lawfully

More information

County Planning and Zoning Statutes

County Planning and Zoning Statutes County Planning and Zoning Statutes (By Topic) The Nebraska Association of County Officials (NACO) staff frequently responds to questions each year pertaining to county planning and zoning related issues.

More information

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013 KRS 324A.150 324A.150 Definitions for KRS 324A.150 to 324A.164 Effective: June 25, 2013 As used in KRS 324A.150 to 324A.164, unless the context otherwise requires: (1) Appraisal management company means

More information

Chapter CONSTRUCTION CODES

Chapter CONSTRUCTION CODES Chapter 15.04 CONSTRUCTION CODES Sections: 15.04.010 Uniform codes adopted 15.04.020 Uniform Code for the Abatement of Dangerous Building adopted 15.04.030 Violation 15.04.040 Other remedies 15.04.010

More information

The regulations contained in this chapter shall apply to the city historic district and shall be known as the "Historic District Ordinance.

The regulations contained in this chapter shall apply to the city historic district and shall be known as the Historic District Ordinance. Chapter 54 - HISTORIC PRESERVATION [1] Footnotes: --- (1) --- Cross reference Buildings and building regulations, ch. 18; community development, ch. 30; environment, ch. 42; planning, ch. 82; zoning, app.

More information

Deerfield Township Zoning Resolution

Deerfield Township Zoning Resolution Deerfield Township Zoning Resolution Effective August 5, 2011 Amended December 1, 2016 TABLE OF CONTENTS Article 1: General Provisions... 1-1 Section 1.01: Title... 1-1 Section 1.02: Purpose... 1-1 Section

More information

Historic Overlay District Ordinance Chadds Ford Township, Delaware County, PA

Historic Overlay District Ordinance Chadds Ford Township, Delaware County, PA Historic Overlay District Ordinance Chadds Ford Township, Delaware County, PA ARTICLE XVI: Historic District 135-123. District boundaries. The boundaries of the historic overlay districts shall be as shown

More information

Downers Grove Municipal Code. Chapter 12 HISTORIC PRESERVATION

Downers Grove Municipal Code. Chapter 12 HISTORIC PRESERVATION Chapter 12 HISTORIC PRESERVATION Sections: 12.100. Findings. 12.200. Definitions. 12.300.ART. Landmarks. 12.301. Landmark Designation Procedures. 12.302. Landmark Designation Criteria. 12.400.ART. Historic

More information

Economic Non-Viability Application

Economic Non-Viability Application A guide to the Design Review Process Economic Non-Viability Application Planning Services Department, 50 West 13th Street, Dubuque, IA 52001-4864 (563) 589-4210 e-mail: planning @cityofdubuque.org Application

More information

APPLICATION INSTRUCTIONS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM

APPLICATION INSTRUCTIONS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM Community Development 900 E. Strawbridge Ave Melbourne, FL 32901 Telephone: (321) 608-7500 Email:P&Z@melbourneflorida.org Economic Development Ad Valorem Tax Exemption Program APPLICATION INSTRUCTIONS

More information

IV. REVIEW PROCEDURES FOR MINOR SUBDIVISIONS

IV. REVIEW PROCEDURES FOR MINOR SUBDIVISIONS IV. REVIEW PROCEDURES FOR MINOR SUBDIVISIONS IV-A. General Minor subdivisions create five or fewer lots from a tract of record, each lot of which has legal and physical access. If the tract of record proposed

More information

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS I. TITLE These regulations and the accompanying map(s) shall be known as, and shall be cited and

More information

Page 1 of 8 Highlands County, Florida, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 5.4 - HOUSING >> ARTICLE II. STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM >> ARTICLE II. STATE HOUSING INITIATIVES

More information

BY AUTHORITY A BILL FOR AN ORDINANCE MAKING REVISIONS TO CHAPTERS 2 THROUGH 5 OF TITLE XI OF THE WESTMINSTER MUNICIPAL CODE

BY AUTHORITY A BILL FOR AN ORDINANCE MAKING REVISIONS TO CHAPTERS 2 THROUGH 5 OF TITLE XI OF THE WESTMINSTER MUNICIPAL CODE BY AUTHORITY ORDINANCE NO. 3919 COUNCILLOR' S BILL NO. 6 SERIES OF 2018 INTRODUCED BY COUNCILLORS Seitz, De Cambra A BILL FOR AN ORDINANCE MAKING REVISIONS TO CHAPTERS 2 THROUGH 5 OF TITLE XI OF THE WESTMINSTER

More information

CHAPTER 3 PERMITS, PLANS AND ANNEXATION

CHAPTER 3 PERMITS, PLANS AND ANNEXATION CHAPTER 3 PERMITS, PLANS AND ANNEXATION SECTION: 10-3-1: General Regulations 10-3-2: Building Permit 10-3-3: Plans 10-3-4: Certificate of Compliance and Occupancy 10-3-5: Conditional Use Permits 10-3-6:

More information

Indicates Council-recommended changes Introduced by: Mr. Tackett Date of introduction: June 14, 2016 SUBSTITUTE NO. 1 TO ORDINANCE NO.

Indicates Council-recommended changes Introduced by: Mr. Tackett Date of introduction: June 14, 2016 SUBSTITUTE NO. 1 TO ORDINANCE NO. Indicates Council-recommended changes Introduced by: Mr. Tackett Date of introduction: June 14, 2016 SUBSTITUTE NO. 1 TO ORDINANCE NO. 16-067 TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (ALSO KNOWN AS THE

More information

Chapter 9 - Non-Conformities CHAPTER 9 - INDEX

Chapter 9 - Non-Conformities CHAPTER 9 - INDEX CHAPTER 9 - INDEX 9-10: GENERAL... 3 9-20: SUBSTANDARD SIZE LOTS OR PARCELS... 3 9-20-10: GENERAL... 3 9-20-20: CUMULATING OF SUBSTANDARD SIZE LOTS OR PARCELS... 3 9-20-30: SEPARATION OF PLATTED SUBSTANDARD

More information

THE CITY OF LAKE FOREST ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE TO ESTABLISH A HOUSING TRUST FUND BOARD

THE CITY OF LAKE FOREST ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE TO ESTABLISH A HOUSING TRUST FUND BOARD THE CITY OF LAKE FOREST ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE TO ESTABLISH A HOUSING TRUST FUND BOARD WHEREAS, the State of Illinois has enacted the Affordable Housing and Appeal

More information

ORDINANCE NO

ORDINANCE NO ORDINANCE NO. 2014-160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, REPEALING SECTION 10.35 OF RIVERSIDE COUNTY LAND USE ORDINANCE NO. 460.152 AS ADOPTED BY THE CITY OF MENIFEE

More information

PROTECTIVE COVENANTS FOR THE

PROTECTIVE COVENANTS FOR THE PROTECTIVE COVENANTS FOR THE WHEREAS, the House located at in Durham County, North Carolina (hereinafter the Subject Property) is a property of recognized historical, cultural and/or architectural significance;

More information

CHAPTER 21.12: NONCONFORMITIES

CHAPTER 21.12: NONCONFORMITIES CHAPTER 21.12: NONCONFORMITIES 21.12.010 GENERAL PROVISIONS... 12-2 A. Purpose... 12-2 B. Authority to Continue... 12-2 C. Determination of Nonconformity Status... 12-3 D. Government Agency Property Acquisitions...

More information

GUIDELINES AND CRITERIA. For Granting Tax Abatement in the North Killeen Revitalization Area. Designated by the City of Killeen, Texas

GUIDELINES AND CRITERIA. For Granting Tax Abatement in the North Killeen Revitalization Area. Designated by the City of Killeen, Texas GUIDELINES AND CRITERIA For Granting Tax Abatement in the North Killeen Revitalization Area Designated by the City of Killeen, Texas Under Tax Code, Chapter 312 I. PURPOSE The designation of a Tax Abatement

More information

Chapter 6 - BUILDINGS

Chapter 6 - BUILDINGS Chapter 6 - *Cross reference Erosion and sediment control, 10-27 et seq.; noise regulations, 10-67 et seq.; weeds and grass, 10-135 et seq.; rat control, 10-164 et seq.; stormwater management, 10-196 et

More information

TITLE XV: LAND USAGE 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE

TITLE XV: LAND USAGE 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE 1 TITLE XV: LAND USAGE Chapter 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 152.SIGN AND BILLBOARD REGULATIONS 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE 2006 S-2 1 2

More information

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose.

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose. ARTICLE VII. NONCONFORMITIES. Section 700. Purpose. The purpose of this chapter is to regulate and limit the development and continued existence of legal uses, structures, lots, and signs established either

More information

Chapter 8.22 RESIDENTIAL RENT ARBITRATION PROGRAM

Chapter 8.22 RESIDENTIAL RENT ARBITRATION PROGRAM Chapter 8.22 RESIDENTIAL RENT ARBITRATION PROGRAM Sections: 8.22.010 Findings and purpose. 8.22.030 Definitions 8.22.040 Purpose, duties and functions of Board. 8.22.050 Members of the Board Composition

More information

Unified Development Code. City of Cambridge, Maryland

Unified Development Code. City of Cambridge, Maryland Unified Development Code City of Cambridge, Maryland Mayor and City Council Adopted December 8, 2014 Effective January 1, 2015 Updated June 20, 2017 Table of Contents Article 1 General Provisions...4 1.1

More information

GOVERNMENT CODE - GOV

GOVERNMENT CODE - GOV GOVERNMENT CODE - GOV TITLE 7. PLANNING AND LAND USE [65000 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 2. SUBDIVISIONS [66410 66499.38] ( Division 2 added by Stats. 1974,

More information

Responsibilities of the Grant Recipient LAND AND WATER CONSERVATION FUND PROGRAM

Responsibilities of the Grant Recipient LAND AND WATER CONSERVATION FUND PROGRAM Responsibilities of the Grant Recipient LAND AND WATER CONSERVATION FUND PROGRAM STATE OF NEW HAMPSHIRE Department of Resources and Economic Development DIVISION of PARKS and RECREATION State of New Hampshire

More information

NONCONFORMITIES ARTICLE 39. Charter Township of Commerce Page 39-1 Zoning Ordinance. Article 39 Nonconformities

NONCONFORMITIES ARTICLE 39. Charter Township of Commerce Page 39-1 Zoning Ordinance. Article 39 Nonconformities ARTICLE 39 NONCONFORMITIES SECTION 39.01. Intent and Purpose It is recognized that there exists within the districts established by this Ordinance lots, structures, sites and uses which were lawful prior

More information

ARTICLE SINGLE FAMILY SITE CONDOMINIUM DEVELOPMENT STANDARDS

ARTICLE SINGLE FAMILY SITE CONDOMINIUM DEVELOPMENT STANDARDS ARTICLE 28.00 SINGLE FAMILY SITE CONDOMINIUM DEVELOPMENT STANDARDS Section 28.01 PURPOSE The purpose of this Article is to recognize that conventional single family developments, traditionally developed

More information

SUBSTITUTE NO. 3 TO ORDINANCE NO

SUBSTITUTE NO. 3 TO ORDINANCE NO SUBSTITUTE NO. 3 TO ORDINANCE NO. 12-084 Introduced by: Mr. Cartier Ms. Diller Mr. Tackett Ms. Kilpatrick Date of introduction: July 10, 2012 TO AMEND NEW CASTLE COUNTY CODE CHAPTER 7 ("PROPERTY MAINTENANCE

More information

BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY, COLORADO RESOLUTION 2018-

BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY, COLORADO RESOLUTION 2018- BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY, COLORADO RESOLUTION 2018- ARCHULETA COUNTY IMPROPERLY DIVIDED PARCELS EXEMPTION INTERIM RESOLUTION - A RESOLUTION ADDRESSING PARCELS UNDER THE SIZE OF 35

More information

ARTICLE 9: VESTING DETERMINATION, NONCONFORMITIES AND VARIANCES. Article History 2 SECTION 9.01 PURPOSE 3

ARTICLE 9: VESTING DETERMINATION, NONCONFORMITIES AND VARIANCES. Article History 2 SECTION 9.01 PURPOSE 3 ARTICLE 9 VESTING DETERMINATIONS, NONCONFORMITIES, AND VARIANCES Table of Contents Article History 2 SECTION 9.01 PURPOSE 3 SECTION 9.02 LOT OF RECORD AND VESTING DETERMINATIONS FOR NONCONFORMING DEVELOPMENTS

More information

Chapter 75 Zoning. Article 1. General Provisions and Administration

Chapter 75 Zoning. Article 1. General Provisions and Administration Chapter 75 Zoning Article 1 General Provisions and Administration Part 1. General Provisions. 75-1. Title. The regulations set forth in this Chapter shall be known as the Zoning Ordinance of the Town of

More information

Questions and Answers about Neighborhood Conservation Districts

Questions and Answers about Neighborhood Conservation Districts Questions and Answers about Neighborhood Conservation Districts NEIGHBORHOOD CONSERVATION Planning Department Housing and Neighborhood Services NCD@townofchapelhill.org (919) 968-2728 Questions about Neighborhood

More information

Key for Understanding Integrity Rating and Architecture Rating used in the Showplace Square / Northeast Mission Historic Resources Survey

Key for Understanding Integrity Rating and Architecture Rating used in the Showplace Square / Northeast Mission Historic Resources Survey Key for Understanding Integrity Rating and Architecture Rating used in the Showplace Square / Northeast Mission Historic Resources Survey Integrity Integrity, as it applies to historic preservation, is

More information

ARTICLE I. IN GENERAL

ARTICLE I. IN GENERAL Adopted by City Council on December 7, 2009 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10 (WATER PROTECTION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY DELETING SECTIONS 10-51 AND

More information

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018 ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED FEBRUARY, 0 Sponsored by: Assemblyman DANIEL R. BENSON District (Mercer and Middlesex) Co-Sponsored by: Assemblyman Giblin SYNOPSIS Prohibits

More information

ZONING CHANGE/SUP APPLICATION

ZONING CHANGE/SUP APPLICATION ZONING CHANGE/SUP APPLICATION Zoning Change Specific Use Permit Applicant Name: Company: Address: City, State, Zip Phone: Fax: Email: Owner (if different from applicant) Name: Company: Address: City, State,

More information

TAHOE SIERRA MULTIPLE LISTING SERVICE, INC. BYLAWS

TAHOE SIERRA MULTIPLE LISTING SERVICE, INC. BYLAWS TAHOE SIERRA MULTIPLE LISTING SERVICE, INC. BYLAWS Approved by NAR April 7, 2016 Bylaws of the Tahoe Sierra Multiple Listing Service, Inc. ARTICLE I AUTHORITY & GOVERNING MLS RULES The Tahoe Sierra Board

More information

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2002 SUMMARY

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2002 SUMMARY th OREGON LEGISLATIVE ASSEMBLY-- Regular Session Sponsored by Representative KOTEK (Presession filed.) House Bill 0 SUMMARY The following summary is not prepared by the sponsors of the measure and is not

More information