Chapter 401. General Provisions

Transcription

1 GENERAL PROVISIONS TITLE 401 Chapter 401. General Provisions Section Section Section Section Section Section Title Authority Purpose Applicability and Jurisdiction Transitional Provisions Severability Section Title. [Ord. No , ] The regulations of this Title shall be officially known and cited as the "Unified Development Code of the, Missouri", although it may be called hereafter the "Development Code" or "UDC". Section Authority. [Ord. No , ] This Development Code is enacted pursuant to the powers granted and limitations imposed by the City s Charter, Constitution and laws of the State of Missouri, including the statutory authority granted in Chapter 89 RSMo., as amended. Section Purpose. [Ord. No , ] This Development Code is adopted to promote the public safety, health and general welfare of residents and visitors to the. More specifically, the regulations have the following general purposes: A. Implement the comprehensive plan, and other plans and programs authorized under the guidance of the comprehensive plan; B. Preserve and protect property values throughout the City; C. Regulate the height and size of buildings, the amount of building coverage and open space, the size of setback areas and the density of population; D. Divide the City into zones and districts that promote the relationships and development patterns of the comprehensive plan; UNIFIED DEVELOPMENT CODE PAGE 401-1

2 GENERAL PROVISIONS PURPOSE 401 E. Regulate and restrict the development and use of buildings and land within each zoning district to create a compatible scale and range of building types within districts; F. Provide for orderly growth and harmonious development of Blue Springs consistent with established policies of the City; G. Secure proper arrangement and design of streets to support abutting land uses, provide access and circulation, coordinate with existing and planned streets, and strengthen investment in the public realm of the city; H. Achieve lots of maximum utility and viability laid out and of a size that is in harmony with existing and proposed development of the area; I. Secure adequate provisions for water, drainage, sanitary sewer facilities based upon City, State, and Federal requirements; J. Provide open space, recreation areas and other public facilities and civic spaces that help organize development and contribute to a valuable public realm; and K. Protect extraordinary public investment in public infrastructure, public amenities and public facilities. Section Applicability and Jurisdiction. [Ord. No , ] The provisions of this Development Code shall apply to the development of all structures and land within the incorporated area of the. It shall be unlawful to conduct any development or construct any structure until (1) all applicable development review and approval processes have been followed; (2) all applicable approvals have been obtained; and (3) all required permits or authorizations to proceed have been issued. Section Transitional Provisions. [Ord. No , ] A. Violations Continue. Any violation of the previous zoning, subdivision or sign regulations of the City shall continue to be a violation under this Development Code and shall be subject to penalties and enforcement under Chapter 409, unless the use, development, construction or other activity is clearly consistent with the express terms of this Development Code as determined by the Director of Community Development, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 5, B. Non-Conformities Under Previous Ordinance or Resolution. Any non-conformity under the previous zoning or sign regulations of the City shall be considered a legal nonconformity under this Development Code, so long as the situation that resulted in the non-conforming status under the previous regulations continues to exist and the use, UNIFIED DEVELOPMENT CODE PAGE 401-2

3 GENERAL PROVISIONS TRANSITONAL PROVISIONS 401 structure or sign was lawful at the time it commenced, constructed or modified. If, however, a non-conformity under a prior ordinance or resolution becomes conforming as a result of the adoption of this Development Code or any subsequent amendment to the Development Code, then such situation shall no longer be considered a non-conformity. C. Completion of Development. 1. Applications submitted before October 5, Any building, development or sign for which a complete application was submitted to the City before October 5, 2015 shall be reviewed for compliance with the zoning, subdivision and sign regulations in effect before October 5, Complete applications submitted before October 5, 2015 may be approved and permits may be issued even if the proposed building, development or sign that is the subject of the permit does not fully comply with provisions of this Development Code. If construction is not commenced or completed in accordance with the applicable permit terms, the City Council may, for good cause shown, grant not more than one (1) extension of up to six (6) months for such construction. If the building, development or sign is not completed in a timely manner, within the time allowed under the permit or any extension granted, then the building, development or sign may be constructed, completed or occupied only in strict compliance with the requirements of this Development Code. 2. Permit issued before October 5, Any building, development or sign for which a permit was duly issued before October 5,2015, may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building, development or sign does not fully comply with provisions of this Development Code. If construction is not commenced or completed in accordance with the applicable permit terms, the City Council may, for good cause shown, grant not more than one (1) extension of up to six (6) months for such construction. If the building is not completed in a timely manner, within the time allowed under the original permit or any extension granted, then the building, development or sign may be constructed, completed or occupied only in strict compliance with the requirements of this Development Code. 3. Plats approved before October 5, Any subdivision for which a preliminary or final plat was approved before October 5, 2015 may be completed in accordance with the approved plat and other applicable permits and conditions, even if the subdivision does not fully comply with the provisions of this Development Code. If the subdivision is not completed within the time requirements established by prior ordinance or resolution or within any schedule included in the approval of the plat, the City Council may, for good cause shown, grant one (1) extension of not more than one (1) year for the completion of such subdivision. If the subdivision is not completed within the time required under the original approval or any extension that may be granted, then such subdivision may be completed and buildings therein constructed and used only in strict compliance with the requirements of this Development Code. UNIFIED DEVELOPMENT CODE PAGE 401-3

4 GENERAL PROVISIONS TRANSITONAL PROVISIONS 401 Section Severability. [Ord. No , ] A. If any court of competent and final jurisdiction declares any part of this Development Code to be invalid that ruling shall not affect any other provisions of this Development Code not specifically included in that ruling. B. If any court of competent and final jurisdiction declares that the application of this Development Code to a particular property or structure is invalid, that ruling shall not affect the application of said regulations to any other property or structure. UNIFIED DEVELOPMENT CODE PAGE 401-4

5 REVIEW AND DECISION-MAKING BODIES DIRECTOR OF COMMUNITY DEVELOPMENT 402 Chapter 402. Review and Decision-Making Bodies Section Section Section Section Section Section Director of Community Development and Director of Public Works Planning Commission Board of Adjustment Appearance Review Committee Historic Preservation Commission Downtown Review Board Section Director of Community Development and Director of Public Works. [Ord. No , ] A. Responsibility. The Director of Community Development shall be responsible for administering this Development Code. B. Powers and Duties. In administering this Development Code, the Director of Community Development shall have the following powers and duties: 1. To interpret and enforce the regulations of this Development Code; 2. To approve and issue all building and occupancy certificates, and other administrative approvals authorized under this Development Code, and make and maintain records thereof; 3. To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Development Code; 4. To receive, file, and forward to the Board of Adjustment the records in all appeals and all other applications; 5. To maintain permanent and current records of this Development Code, including but not limited to, all Zoning Maps, amendments, conditional uses, variances, appeals and applications therefore and records of hearings thereon; 6. To prepare and have available in digital book, pamphlet or map form, on or before September thirtieth (30th) each year: a. The compiled text of this Development Code and amendments thereto, including all amendments adopted through the preceding September thirtieth (30th), and b. A Zoning Map or maps, showing the Zoning Districts, divisions and classifications in effect on the preceding September thirtieth (30th). UNIFIED DEVELOPMENT CODE PAGE 402-1

6 REVIEW AND DECISION-MAKING BODIES DIRECTOR OF COMMUNITY DEVELOPMENT To maintain for distribution to the public a supply of copies of the Zoning Map or maps, the compiled text of this Development Code, and the rules of the Board of Adjustment; and 8. To serve as the secretary and provide such clerical, technical and professional assistance and recommendations as may be required by the Planning Commission, Board of Adjustment and other Boards, Commissions and Officials in the exercise of their duties relating to this Development Code. C. Responsibility. The Director of Public Works shall be responsible for regulating construction of public infrastructure improvements within the city including the design and construction of streets, water lines, sanitary sewers, and storm sewers, and develop and maintain current the Public Works Design and Construction Manual for the City of Blue Springs. Section Planning Commission. [Ord. No , ] A. Established. Under the provisions of the Charter of the and Section , RSMo., and following, as the same are from time-to-time amended, there is herewith authorized, appointed and established a Planning Commission for the City of Blue Springs. B. Membership and Appointment. The Planning Commission shall consist of eleven (11) members who shall be citizens of the City. Members shall be appointed by the Mayor and approved by the City Council and shall be residents of the City at the time of appointment and during all times serving on the Commission. C. Powers and Duties. The powers, duties and terms of office of the members of the Planning Commission shall be as designated by Section et seq., RSMo., as the same may be from time-to-time amended. The Commission shall have the power to make whatever rules and guidelines necessary for the execution of its duties as set forth in the UDC consistent with State law. All rules shall be approved by the City Council by resolution before becoming effective. The citizen members who have been previously appointed and are serving at the time that this Section was first enacted shall continue for the remaining periods of their appointments. Thereafter, when a position on the Planning Commission becomes vacant, the person filling that vacancy shall be appointed for a four (4) year term and said terms shall be such that they expire on April fifteenth (15th) each year. D. Comprehensive Plan. There is herewith adopted and authorized a Comprehensive Plan, to be prepared by the Blue Springs Planning Commission, which plan shall be promulgated by the Commission under the rules, regulations and conditions authorized and provided for by Section , et seq., RSMo., as the same are from time-to-time amended. UNIFIED DEVELOPMENT CODE PAGE 402-2

7 REVIEW AND DECISION-MAKING BODIES PLANNING COMMISSION 402 E. Zoning Commission. The Blue Springs Planning Commission is hereby appointed as the Zoning Commission of Blue Springs. Section Board of Adjustment. [Ord. No , ] A. Establishment. A Board of Adjustment is hereby established in accordance with Chapter 89, RSMo. B. Membership. The Board of Adjustment shall consist of five (5) members, who are residents of the City. The citizens who have been previously appointed and serving at the time that this Section or UDC is readopted shall continue for the remaining periods of their appointments. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year. C. Meetings and Voting. The Board of Adjustment may adopt rules and bylaws in accordance with the provisions of this Chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman may continue any hearing at the request of the applicant to a date certain if in his discretion he deems it advisable provided that the costs of continuance and notice of the next hearing date to interested parties shall be at the cost of the applicant or party requesting the continuance. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment, and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for that purpose. D. Powers and Duties. The Board of Adjustment shall have the following powers and duties: 1. Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this Development Code. 2. Variances. To authorize in specific cases a variance from the specific terms of this Development Code which will not be contrary to the public interest and UNIFIED DEVELOPMENT CODE PAGE 402-3

8 REVIEW AND DECISION-MAKING BODIES BOARD OF ADJUSTMENT 402 where, owing to special conditions, a literal enforcement of the provisions of this Development Code will, in an individual case, result in unnecessary hardship in the case of a use variance or practical difficulties in the case of a non-use variance, provided that the spirit of this Development Code shall be observed, public safety and welfare secured, and substantial justice done. 3. Other matters. To hear and decide all matters referred to it or upon which it is required to pass under this Development Code. E. Vote Required for Action. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Development Code, or to approve any variance under this Development Code. F. Appeal of Board of Adjustment's Decision. 1. Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department or board of the municipality, may present to the Circuit Court of the County a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment. 2. Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order. 3. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. 4. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. UNIFIED DEVELOPMENT CODE PAGE 402-4

9 REVIEW AND DECISION-MAKING BODIES BOARD OF ADJUSTMENT Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. 6. All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings. Section Appearance Review Committee. [Ord. No , ] A. Establishment and Administration. 1. Establishment. There is hereby established a committee in and for the City of Blue Springs which shall be known as the Appearance Review Committee. 2. Composition. The Appearance Review Committee shall consist of three (3) members. 3. Qualifications of members. Individuals familiar with or experienced in matters of aesthetic judgment and who are residents of the City, shall be eligible as members of the Appearance Review Committee. 4. Appointment of members. Each member of the Appearance Review Committee shall be appointed by the Mayor, with the approval of the City Council. 5. Terms of members. Each member shall be appointed for a term of two (2) years, provided that the terms of the first three (3) members appointed shall be for one (1), two (2) and three (3) years, respectively. 6. Removal of members. Members of the Appearance Review Committee may be removed without cause at the will of the Mayor with the consent of the City Council. 7. Designation of chairman. The Chairman of the Appearance Review Committee shall be designated by the Mayor. 8. Area of effect. The Appearance Review Committee shall be responsible for review of applications for building permits within the Adams Dairy Parkway Overlay (ADP-O) zoning district or any other area or district of the City as authorized or directed by the City Council. Committee review shall not be required for single-family detached and duplex residential structures or for alterations and repairs not affecting the outward appearance of a building or site. B. Meetings. Meetings of the Appearance Review Committee shall be held at the call of the Chairman, and at such other times as the Appearance Review Committee may determine. Two (2) members shall constitute a quorum, and in the absence of the UNIFIED DEVELOPMENT CODE PAGE 402-5

10 REVIEW AND DECISION-MAKING BODIES APPEARANCE REVIEW COMMITTEE 402 Chairman, the member next in seniority shall be the Acting Chairman. Meetings of the Appearance Review Committee may be called by the Mayor. No official action of the Appearance Review Committee shall be taken except at a meeting open to the public. The Director of Community Development shall be designated as Secretary to the Appearance Review Committee and shall be responsible to keep minutes of its proceedings showing the vote of each member upon each question, or if absent or if failing to vote, indicating such fact. A majority of the Appearance Review Committee may adopt rules and regulations to govern the procedure before the Appearance Review Committee. Section Historic Preservation Commission. [Ord. No , ] There is hereby created a Blue Springs Historic Preservation Commission. A. Number of Members. The Historic Preservation Commission is to be composed of nine (9) members. B. Appointment. The Mayor, with the consent and approval of the majority of the members of the City Council, shall have the power to appoint seven (7) members. The remaining members shall be an appointed representative from the Planning Commission and an appointed Council member representative. C. Terms of Office. The citizens who have been previously appointed and serving at the time of that this Section of the UDC is readopted shall continue for the remaining periods of their appointments. Thereafter appointments shall be for terms of four (4) years. Members may serve consecutive terms. D. Qualifications. Members shall have been residents of Blue Springs for at least one (1) year preceding their appointment. All members should have demonstrated an interest and knowledge of history, architecture or preservation. In addition, every effort should be made to appoint members with the following additional qualifications although the absence of a member with such qualifications shall not invalidate any action taken by the Commission: 1. One (1) member who is an architect who has professional experience in restoration or historic preservation. 2. One (1) member who is a member of the Blue Springs Historical Society. 3. One (1) member who is a property owner in an existing or proposed Historic District or Conservation District. 4. One (1) member who is a merchant in an existing or proposed Historic District or Conservation District. UNIFIED DEVELOPMENT CODE PAGE 402-6

11 REVIEW AND DECISION-MAKING BODIES HISTORIC PRESERVATION COMMISSION 402 E. Organization and Authority. 1. Election of chairperson. The Historic Preservation Commission shall elect one (1) of its members to serve as Chairperson. Neither the City Council member representative nor Planning Commission representative shall be eligible for election as Chairperson. 2. Rules. The Historic Preservation Commission shall have power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this Chapter. All such rules shall be approved by the City Council by resolution before becoming effective. 3. Meetings. The Historic Preservation Commission shall meet on a periodic basis as determined by the Commission from time-to-time, and may hold any other special meetings as called by the Chairperson or a majority of its members. 4. Records. The Historic Preservation Commission shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determination and decisions. All such material shall be public record. F. Duties and Powers. The Historic Preservation Commission shall act in an advisory capacity to the City Council, Planning Commission, and Director of Community Development in carrying out activities required by City ordinances relating to the administration of this Development Code regarding Historic Landmarks, Historic Districts, and Conservation Districts and shall have the following powers and duties: 1. To review amendments, modifications or revisions of this Development Code regarding Historic Landmarks, Historic Districts, and Conservation Districts and make recommendations to the City Council. 2. To initiate and recommend property and/or properties for proposed designation as a Historic Landmark and/or Historic District. 3. To review applications for building permits for Historic Landmarks or within a Historic District, or within a Conservation District, and to make recommendations concerning such applications to the Director of Community Development. 4. To review proposed changes to buildings, structures, street furniture, City parks, civic areas, public facilities or environmental features of a Historic Landmark or within a Historic District, or within a Conservation District, reporting its recommendations to the City staff. 5. To review applications for demolition permits to demolish buildings or structures within a Historic District or Conservation District, and to make recommendations concerning such applications to the Director of Community Development. UNIFIED DEVELOPMENT CODE PAGE 402-7

12 REVIEW AND DECISION-MAKING BODIES HISTORIC PRESERVATION COMMISSION To review applications for Conditional Use Permits for a Historic Landmark or within a Historic District, or within a Conservation District, and to make recommendations concerning such requests to the Planning Commission. 7. To initiate from time-to-time a comprehensive review of the provisions of this Development Code regarding Historic Landmarks, Historic Districts, or Conservation Districts. 8. To disseminate to owners or occupants of Historic Landmarks or within Historic or Conservation Districts, or to the general public, information concerning the preservation of Historic Landmarks, Conservation Districts, or Historic Districts. 9. To support the nomination to the National Register of Historic Places, of local Historic Landmarks and Districts, of Conservation Districts, or any property which the Commission members believe meet the standards herein set forth and have contributed to the history, architecture and culture of Blue Springs. 10. To establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Division of Parks, Recreation, and Historic Preservation within the Department of Natural Resources of the State of Missouri. In establishing the foregoing information, the Commission shall place particular emphasis upon evaluating and incorporating the findings and studies and surveys already completed. Section Downtown Review Board. There is hereby created a Downtown Review Board (DRB). A. Number of Members. The DRB is to be composed of nine (9) members and one (1) alternate member. B. Appointment and Terms of Office. 1. The Mayor, with the consent and approval of the majority of the City Council, shall appoint two (2) members of the City Council to serve on the DRB. 2. The Mayor, with the consent and approval of the majority of the City Council, shall appoint two (2) members of the City Planning Commission to serve on the DRB. 3. The Community Development Director shall serve on the DRB. 4. The Director of Public Works shall serve on the DRB. 5. The Mayor, with the consent and approval of the majority of the City Council, shall appoint one (1) member of the City Planning Commission to serve on the DRB as an alternate member. If one (1) of the DRB members appointed from the UNIFIED DEVELOPMENT CODE PAGE 402-8

13 REVIEW AND DECISION-MAKING BODIES DOWNTOWN REVIEW BOARD 402 Planning Commission is unable to serve on the DRB for a specific application due to absence or conflict of interest, this alternate member shall serve as a member of the DRB for the application. 6. Mayor, with the consent and approval of the majority of the City Council, shall also appoint one (1) resident property owner, one (1) business owner and one (1) property owner who owns business property, said property, business and business property, respectively, to be located in T-zones shown on the Downtown Zoning Map, and of the above listed three owners one should be member of the Historic Preservation Commission if available to serve 7. All appointed members of the DRB shall be appointed annually on or about May first (1st). Appointed members of the DRB may serve more than one (1) term. C. Organization and Authority. 1. Organization. The DRB shall elect officers as it deems necessary at its first (1st) meeting after the annual appointment of members. 2. Rules. The DRB shall have power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this Chapter. All rules shall be approved by the City Council by resolution before becoming effective. If no rules are adopted, Robert's Rules (RR) shall apply. 3. Meetings. The DRB shall meet on an as-needed basis, based upon the complete submission of applications. 4. 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. 5. Vacancies. All vacancies on the DRB that are subject to appointment shall be reported to the Mayor and City Council. Thereafter, the Mayor shall, with the consent and approval of the majority of the City Council, appoint a person to fill the unexpired term of that member. D. Duties and Powers. The DRB will act as the Governing Body for the Downtown Development Code (DDC). UNIFIED DEVELOPMENT CODE PAGE 402-9

14 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 Chapter 403. Development Review Procedures Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section General Requirements for All Applications Text Amendments Zoning Map Amendments (Rezoning) Planned Developments Platting Conditional Use Permits Site Plan and Design Review Variance Vacation Appeal of Administrative Decision Building Permit Occupancy Certificate Written Interpretation Redevelopment in Designated Areas Reasonable Accommodation and Procedure UNIFIED DEVELOPMENT CODE PAGE 403-1

15 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 Table : Procedures Summary Eligible Applicants Notice Review Body Pre-application Owner Staff PC CC Meeting Posted Published Mailed Staff PC CC BA Text Amendment R R/PH D/PH R* Zoning Map Amendment R R/PH D/PH R* Subdivision Administrative Plat D Subdivision Preliminary Plat R D A Subdivision Final Plat R R D Site Plan Administrative Review D A Site Plan and Design Review R D A R* Planned Development Concept Plan R R/PH D/PH R* Planned Development Final Plan R D A R* Conditional Use Permit R D/PH A Variance R D/PH R* Vacation R R/PH D Appeal of Administrative Decision D/PH R* Subdivision Waiver R D A = required = authorized PC = Planning Commission CC = City Council BA = Board of Adjustment R = review and recommending authority D = Decision making authority PH = public hearing required (distinguished from a public meeting generally open to the public) A = Appeal of Decision. Special Review UNIFIED DEVELOPMENT CODE PAGE 403-2

16 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 R* = special review and recommending authority application impacts: (1) for the HPC an historic landmark or historic district per Section ; (2) for DTRB development according to the Downtown Master Plan per Section ; and (3) for the Appearance Review Committee, development in the ADP-O district per section Special review of applications shall occur before the appropriate board within 15 days of the application being submitted to it, and a recommendation shall be forward to the Planning Commission prior to their scheduled review. UNIFIED DEVELOPMENT CODE PAGE 403-3

17 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 Section General Requirements for All Applications. The following general requirements shall apply to all applications under this Development Code. A. Authority to File Applications. Table indicates applicants eligible for each particular application under this development code, which include the following: 1. Owner. The record owner of property impacted by the application, or that owner s authorized agent according to contract or authorization form provided by the City executed by the record owner. In the case of an application requiring a public hearing, and for the purposes of the right to appeal, all those receiving mailed notice shall be considered owners impacted by the application 2. Staff. Any department head acting on behalf of the City. 3. Planning Commission. The Planning Commission, acting on its own initiative according to its bylaws and rules of procedure. 4. City Council. The City Council acting on its own initiative according to its bylaws and rules of procedure. B. Applications and Fees. 1. Applications required under this Chapter shall be submitted on forms provided by the Community Development Department and in such numbers as required by the City. The Community Development Director is authorized to modify the application forms and submittal requirements as deemed necessary in the Director s discretion. 2. Applications shall be accompanied by a non-refundable fee established by the City Council from time to time to defray the costs of processing applications. Any application that does not include the required fee shall be returned to the applicant as incomplete. Fees shall not be required with applications initiated by the Staff, Planning Commission, or City Council. C. Application Processing Cycles. 1. Timing Generally. The Director of Community Development, after consulting with the Planning Commission and City Council, may from time to time establish a processing cycle for each type of application. Processing cycles may include: a. Dates of regular meetings of review bodies and decision makers; b. Deadlines for receipt of a complete application for consideration of such application at a particular meeting; c. The scheduling of staff reviews and staff reports on complete applications; d. All required steps in the application process (including public hearings, decision meetings and review by other bodies); and e. The publication of required notices of public hearings. UNIFIED DEVELOPMENT CODE PAGE 403-4

18 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS Pre-application Meeting. Pre-application meetings shall be required as indicated in Table Where required, the applicant shall confer with the Director of Community Development and other City Officials designated by the Director. The purpose of the pre-application meeting is to discuss the proposal and the applicable development review and approval procedures. 3. Staff Review. Upon receipt of an application, the Director of Community Development shall take the following steps: a. Review the application for completeness within 5 days of filing. If the Community Development Director determines that the application is complete, the application shall then be processed. If the Community Development Director determines that it is incomplete, the Director shall, within such 5 day period, notify the applicant of the specific ways in which the application is deficient and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within 30 days of the notice to the applicant, the incomplete application is deemed rejected and shall be returned to the applicant. b. Schedule the application for further review for applications that require official review beyond staff. (1) Applications that require a public hearing shall be scheduled for initial review within 60 days of a determination of a complete application. (2) Applications that require multiple public hearings shall have subsequent hearings within 30 days of the close of the prior public hearing. (3) Applications that do not require a hearing but an official public meeting shall be scheduled within 30 days of a determination of a complete application or within 30 days of the recommendation from another review body. In the event that the next regular meeting of the review body is beyond these time periods, or the required notice cannot be given within these time periods, the application shall be scheduled for the regular meeting closest to the time period which permits compliance with the UDC and for which notice may be given. c. Prepare a staff report that reviews the application in light of the appropriate policies, plans and regulations. The Director of Community Development shall provide a copy of the report to the review body and the applicant at least 5 days before the scheduled meeting. 4. Notice. Notice shall be provided for each application as indicated in Table , and based on the following requirements. a. Published. Where published notice is required, at least 15 days' notice of the time and place of scheduled review shall be published in a newspaper of general circulation within the City. Where applications require more than one public hearing, separate notices of each public hearing may be provided or notice of the time and place of both public hearings may be provided in 1 consolidated notice. UNIFIED DEVELOPMENT CODE PAGE 403-5

19 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 b. Posted. Where posted notice is required, the applicant or his/her designee shall post notice on property that is the subject of the application at least 15 days before the scheduled review. The City will furnish the sign(s) for posting. Posting shall be placed in a manner so that it is visible from public rights-of-way adjacent to the subject property. The City shall determine the number of signs needed and the general location of the posting based on a site plan provided by the applicant. Failure to post or maintain such posted notice shall not invalidate any action taken. c. Mailed. Where mailed notice is required, the City, at applicant s cost, will attempt to notify, by mail, all property owners whose property limits are within 185 feet, excluding existing rights-of-way, of the boundaries of the property that is the subject of the application. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. d. Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. In all cases, requirements for the timing of notices and for specifying the time, date and place of public hearings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Chapter. 5. Action by Review Bodies. Review bodies shall take the actions indicated in Table on individual applications. A review body may take any action on the application, regardless of the presence of the applicant, that is consistent with the notice given, including the following (or recommend the following when the review body is a recommending body): a. Approve the application. b. Approve the application with conditions or modifications. When imposing conditions or approving modifications, the review body may allow amendments to the applications if the effect is to allow a lesser intensity or impact from the application or mitigate a situation created or aggravated by the proposed application. c. Deny the application. d. Continue the application to allow further analysis. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a date and time certain and the date and time is announced at the original public hearing. The continued application shall not be more than 60 days from the original public hearing without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant. When a review body recommends to another review body, the recommending body shall transmit a written summary of its action and proceedings to the next review body. Recommendations shall be made at the close of the hearing or end of the meeting. When a review body fails to take action on an application within UNIFIED DEVELOPMENT CODE PAGE 403-6

20 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 the time required, such inaction shall be deemed a recommendation for denial of the application, unless the applicant requests or agrees to an extension of the time frame. When the review body makes the final decision as indicated in Table 403-1, the decision shall be made within 60 days of the close of the public hearing or end of the meeting. 6. Appeals. Where a review body is designated as the appellate body in Table , the following appeal procedures apply: a. Appeals shall be filed with the Director of Community Development within 7 days of the decision by the decision-making review body. b. The following persons and entities shall have standing to appeal the action of the review body: the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the application; any person who participated in a public hearing on the proposed action; any other person that the body taking the final, nonappellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. c. The review body designated as the appellate body shall consider the application as a new matter, and within 60 days of the date that the appeal was filed take any action authorized by the decision-making review body. The procedure and required notice shall be the same as required of the original application. D. Submission of Technical Studies for Additional Review. The Community Development Director, Director of Public Works, Planning Commission or City Council may require applicants for development or permit approval to submit such technical studies as may be necessary to enable the Planning Commission or City Council to evaluate the application, or may require technical review by outside entities with expertise or jurisdiction over some aspects of the application. Examples of technical studies that may be required may include traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments or noise studies. The persons or firms preparing the studies shall be subject to the approval of the Community Development Director and Director of Public Works. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from entities outside of the city may require special schedules based on the reasonable time frames to conduct those studies or additional reviews. E. Successive Applications. In the event that the review body takes final action to deny an application, the same or a similar application shall not be refiled for 1 year from the advertised review date. The Director of Community Development, upon petition by the applicant, may permit a refiling of the application 6 months after the scheduled review date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant Development Code text amendment has been adopted. There shall be no time limitation on a substantially UNIFIED DEVELOPMENT CODE PAGE 403-7

21 DEVELOPMENT REVIEW PROCEDURES GENERAL REQUIREMENTS FOR ALL APPLICATIONS 403 different application if such is determined to be substantially different in the discretion of the Director of Community Development. Section Text Amendments. A. Overview / Applicability. Text amendments insure that the generally applicable laws in this Development Code reflect the broad public interest and long-range planning goals of the community, as reflected in the Comprehensive Plan. The City may determine that it is necessary from time to time to revise and update this Development Code to implement the Comprehensive Plan. In addition to the general requirements in Table and Section the following requirements are specific to text amendment applications. B. Review Criteria. All review bodies shall use the following criteria for review, recommendations and decisions on text amendments: 1. Whether the change is in accordance with the Comprehensive Plan, Design and Construction Manual, or any official plans or programs developed under the guidance of the Comprehensive plan; 2. Whether such change is consistent with the purposes of this Development Code, and the intent or objectives of any Chapter or sub-section containing the change; 3. The areas that are most likely to be directly affected by the amendment and in what way they will be affected; 4. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions in the areas and zoning districts affected; and 5. The recommendations of professional staff. Section Zoning Map Amendments (Rezoning.) A. Overview / Applicability. The Zoning Map Amendment process provides review to changes to the boundary of zoning districts (rezoning) that may be necessary to account for changed conditions in the general area or a change in public policies with respect to development. In addition to the general requirements in Table and Section the following requirements are specific to zoning map amendment applications. B. Review Criteria. A Zoning Map Amendment (rezoning) shall be reviewed according to the following criteria: 1. The application is in accordance with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan, and UNIFIED DEVELOPMENT CODE PAGE 403-8

22 DEVELOPMENT REVIEW PROCEDURES ZONING MAP AMENDMENTS (REZONING) 403 in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts. 2. The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts. 3. The precedents that might result from approval or denial of the application, and the possible effects of such precedents on the character of the area, and in particular the building form, site design, and other development patterns and urban design aspects that accompany precedents for the proposed district. 4. Compliance of any proposed development with the requirements of this Development Code. 5. The ability of the City or other government agencies to provide any services, facilities or programs that might be required if the application were approved; 6. The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Comprehensive Plan 7. The requested zoning change is justified by a change in conditions since the existing zoning was designated or by an error in the current designation; 8. The consistency of the application with other adopted policies of the City. 9. The recommendations of professional staff. C. Protest Petitions. If a valid protest petition is submitted to the City prior to City Council final action on the application, an amendment to the official Zoning Map (rezoning) shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council. In order to be considered valid, a protest petition for a zoning map amendment must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. D. Adoption By Ordinance Changes To Official Zoning Map. Amendments to the official Zoning Map (rezoning) shall be approved by the City Council in the form of an ordinance. Approved changes shall be indicated on the Official Zoning Map by the Director of Community Development promptly after the ordinance authorizing such change is adopted by the City Council, but in no event later than 30 days following such action. UNIFIED DEVELOPMENT CODE PAGE 403-9

23 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 Section Planned Developments. A. Overview / Applicability. The planned development process is a way to facilitate coordinated master planned development that meets or exceeds the intent of this Development Code and the goals of the Comprehensive Plan through an integrated plan, process and flexible standards. A planned development application is a specific type of Zoning Map Amendment, and must meet all of the procedures and requirements of that process, but it also accommodates specific master development plans. The planned development process involves at least two steps the Concept Plan where the general design, arrangement and parameters of subsequent development are proposed, and the Final Plan, where specific development projects are reviewed. In many cases land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process and may run concurrently with or following the planned development process. In addition to the general requirements in Table and Section the following requirements are specific to planned development applications. B. Concept Plan. A Concept Plan is a generalized development plan for the entire area proposed to be included within a planned development. The purpose of a Concept Plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A Concept Plan shall generally include: 1. Community Character Plan. A plan outlining the general location, design characteristics, and functions of all proposed streets, storm water management, open spaces, civic spaces, and circulation networks whether public, common or private that will create the public realm for the plan. 2. Land Use and Development Plan. A plan indicating the specific land uses and their density/intensity, block and lot patterns, building types and scale, materials and design characteristics, and other building and site design elements. This plan shall have a particular emphasis on how these elements relate to the Community Character Plan and where transitions between these elements occur at a parcel or block scale both within the development and in coordination with abutting property. The Land Use and Development Plan shall specifically identify where development standards may differ from those otherwise applicable through the base zoning districts and general development requirements of this Development Code. 3. Existing Conditions. Analysis identifying the general layout of any existing structures, streets or infrastructure and the location of natural features such as watercourses, steep grades, significant stands of trees, specimen trees or other features available on the most refined scale of the Natural Resources Inventory identified in Appendix A3 of the Comprehensive Plan. 4. Phasing or Implementation. A strategy indicating the estimated timing of development, and any other administrative details of implementing the plan through future Final Plans. UNIFIED DEVELOPMENT CODE PAGE

24 DEVELOPMENT REVIEW PROCEDURES PLATTING Illustrative Plan. The concept plan may include an Illustrative Plan that includes renderings, elevations or plans of buildings, streetscapes, and public spaces or other urban design and architectural details demonstrating how the plan will be executed according to the applicable development standards. C. Concept Plan Review Criteria. A Concept Plan shall be reviewed according to the following criteria: 1. The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards, based on the goals of the Comprehensive Plan, and based upon generally accepted planning and design practice. 2. The benefits from any flexibility in the standards proposed in the plan promote the general public health, safety and welfare of the community, and in particular the areas immediately near or within the proposed project, and are not strictly to benefit the applicant. 3. The benefits from any flexibility in the standards proposed in the plan meet or exceed the intent statements of the base zoning district(s) and any standards proposed to be modified when applied to the specific project or site. 4. The plan reflects generally accepted and sound planning and urban design principles with respect to applying the Comprehensive Plan and any Specific Plans to the area; 5. The plan meets all of the review criteria for a Zoning Map Amendment. D. Effect of Concept Plan Approval. Approval of a Concept Plan shall constitute acceptance of the overall planning concepts and development parameters. In reviewing and approving a Concept Plan, the Planning Commission may recommend or the City Council may require conditions that must be met before an applicant submits a Final Plan. An approved Concept Plan shall lapse and be of no further force and effect if a Final Plan (or a Final Plan for a designated phase of the Concept Plan) has not been approved within two (2) years of the date of approval of the Concept Plan. F. Designation on Official Zoning Map. Sites governed by an approved Concept Plan shall be designated on the Official Zoning Map with the letters base zoning district plus R-O (restricted overlay) and a case file locator number for the Final Plan, once the Final Plan is approved. (For example, where a portion of the development plan uses the MF- 14 and the NB base zoning districts for the Concept Plan, the future zoning of each area shall be MF-14-R-O and NB-R-O respectively.) G. Final Plan. A Final Plan is a detailed plan for implementing the Concept Plan including technical information on building, site, open / civic space, and infrastructure development. A Final Plan may include the entire area covered in the Concept Plan or it may include one or more phases of the approved Concept Plan. The plan shall include UNIFIED DEVELOPMENT CODE PAGE

25 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 all necessary information to demonstrate that all applicable standards, requirements, and conditions of the Concept Plan have been met. H. Final Plan Review Criteria. A Final Plan shall be reviewed according to the following criteria: 1. The Final Plan is in substantial compliance with the approved Concept Plan. 2. Minor deviations may only be approved if they meet or exceed the approved Concept Plan. Minor deviations shall be: a. An increase in the proposed building footprints of less than 5%. b. An increase in the intensity of the project less than 10% of floor area for non-residential projects and less than 5% density for residential projects. c. An increase in impervious surfaces such that storm water detention and storm water quality as defined by KCAPWA 5600 are not required. d. An increase in building heights of less than 5. e. A rearrangement of buildings that does not impact any setback standard, or decreases setbacks by less than 5%. f. A decrease in landscape areas by less than 10%, provided there is no impact on the performance of stormwater or screening functions from the approved Concept Plan. g. A decrease in any Civic Open Space or Frontage areas by less than 5%, or any similar adjustments to the general location of streets, common areas or other components of the Community Character Plan, provided there is no impact on the performance, screening or urban design functions of the approved Concept Plan. h. Adjustments to building elevations that do not change the character or relationships of buildings to the public realm and adjacent property. i. Adjustments in proposed building types or uses that do not significantly change the character of the project; a change of 10% or more of any building type (by quantity) or any specific use category (by land area or building square footage) will be assumed significant, unless the context of the project and Concept Plan clearly demonstrate otherwise. j. Changes in ownership patterns, stages of construction or phasing that have no impact on the timing and function of public facilities and that do not alter the delivery of private, common, or public amenities in the Concept Plan. Any modification, that, in the sole discretion of the Director of Community Development, negatively affects or impacts use, investments, or design of public facilities beyond the particular project and site may not be considered a minor change. Any change that violates a condition of approval in the Concept Plan, or alters the findings of any technical study that supports the approved Concept Plan, may not be considered a minor change. H. Effect of Final Plan Approval Lapse of Approval. Approval of a Final Plan authorizes the development of the property in accordance with the approved Final Plan. The authorization to develop in accordance with an approved Final Plan shall lapse and be of no further effect if all development shown on the Final Plan is not complete within UNIFIED DEVELOPMENT CODE PAGE

26 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 the time frame established by the City Council at the time of final plan approval. Once approval lapses, the regulations of the base zoning district shall control. Section Platting A. Overview / Applicability. Platting is a process where a proposed division, or partition of land and property interests therein, is reviewed to ensure: development patterns in compliance with long-range comprehensive plans; coordinating infrastructure with existing, future and potential capital improvements; and that all lots are buildable, served with adequate public facilities, and capable of meeting the zoning and development standards. The platting process involves two steps the preliminary plat where the general design, arrangement and parameters of subsequent development are proposed, and the final plat, where specific and technical engineering, design and planning elements are reviewed. Platting shall be required for any division of land into two or more parcels or units, or development on one or more contiguous parcels not previously platted, or for development that involves construction of any public improvements that are to be dedicated to the City, except that the following shall not require platting: 1. The division of any parcel or tract of land when the smallest parcel created is greater than forty acres; 2. Land taken or used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations where no new street or easement of access is involved, or for a cemetery; 3. The development of any lot, parcel or tract of land located within the area governed by this Development Code that was subdivided, resubdivided or replatted prior to January 21, However, any further resubdivision of lots, interests in real property, parcels or tracts must be done in accordance with this Development Code; 5. Agriculture (limited or general) uses on a site of at least forty acres. B. Preliminary Plat Review Criteria. A preliminary plat shall be reviewed according to the following criteria: 1. The application is in accordance with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan. In particular the physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan. 2. Compliance with the requirements of this Development Code. In particular the blocks and lots proposed are capable of meeting all development and site design standards under the existing or proposed zoning. UNIFIED DEVELOPMENT CODE PAGE

27 DEVELOPMENT REVIEW PROCEDURES PLATTING Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property. 4. Any impacts identified by specific studies or technical reports, including a preliminary review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments. 5. The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan. 6. The design does not impede the construction of future public infrastructure within the area. 7. The recommendations of professional staff. C. Effect of Approval. Approval of the preliminary plat shall constitute acceptance of the overall planning concepts for the subdivision and is a prerequisite for the filing of a final plat. After approval of the preliminary plat the applicant may proceed with the construction plans and submit the proposed final plat for review and approval. D Lapse of Approval. If no final plat of a subdivision for which preliminary plat approval has been given is submitted within two years of the date of preliminary plat approval, such preliminary plat may be renewed for one additional two year period upon application to the Planning Commission before expiration of the prior approval. If such preliminary plat is not renewed or a final plat recorded, a resubmittal and review of the preliminary plat shall be required. E. Construction Plans. After approval of the preliminary plat and prior to or concurrently with submittal of the final plat, the applicant shall submit detailed construction plans in accordance with the requirements of this Subsection. 1. Construction plans shall be prepared and sealed by an engineer, licensed in the State of Missouri, for streets, utilities, and other public improvements required within the proposed subdivision. 2. At least four complete sets of construction plans, including a sidewalk layout plan, shall be submitted to the Director of Public Works in a form established by the City, along with a non-refundable fee that has been established by the City to defray the cost of processing the submittal. No submittal shall be processed until the submittal is complete and the required fee has been paid. A landscape plan shall be submitted with the construction plan and shall be forwarded to the Community Development Director for review. 3. The Director of Public Works shall review construction plans to determine if the plans comply with all of the standards and specifications set forth in this UNIFIED DEVELOPMENT CODE PAGE

28 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 Development Code and other City regulations. If the Director of Public Works determines that the construction plans do not comply with applicable standards, the Director of Public Works shall require that modifications be made to bring the construction plans into compliance with such regulations and standards. After conducting a complete review of the construction plans, the Director of Public Works shall approve or deny the application for construction plans approval. The Director of Public Works shall then give notice of the action taken to the applicant and the Director of Community Development. Improvements to be made under the jurisdiction of other public service providers, municipal, County or State agencies shall be submitted to the appropriate agency for review and approval. Where review and approval of engineering drawings is required by such agency, the Director of Public Works shall be given written confirmation in a form as approved and acceptable by such Director that the necessary reviews have been completed and approvals have been granted. 4. Five (5) days prior to commencing construction activities the applicant shall submit to the Director of Public Works and to all approving agencies and to public utility companies that will provide service to the subdivision, a general schedule of the timing and sequence for construction of all required improvements. 5. No grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, shall commence on each plat or phase of a plat of the subject property until the developer has: a. Received written approval of the construction plans and construction permit from the Director of Public Works; and b. Obtained necessary approvals and permits from other affected municipal, County, State, or Federal agencies. F. Development in Phases. When a subdivision is to be developed in one or more phases, developers shall install public improvements or post financial guarantees as approved by the City for each phase. The City may require public improvements to be installed or financial guarantees to be posted for areas beyond an individual phase if the City determines that such improvements or guarantees are necessary to ensure the relative self-sufficiency of the development phase, pending completion of the entire subdivision. 1. Bond requirements. A maintenance bond in an amount equal to one-half (½) the cost of construction and satisfactory to the City Attorney shall be posted with the Director of Public Works or his/her designate, guaranteeing against defects in construction of storm sewers, streets, sanitary sewers, and waterlines for a period of two (2) years. The contractor shall be responsible for all settlement of backfill, fills and embankments, which may occur within two (2) years of time after final acceptance of the contract under which the work was performed. a. As-Built. As-built construction plans shall be prepared and sealed by a Land Surveyor licensed in the State of Missouri upon completion of all public improvements as shown on the approved construction plans and prior to acceptance by the. UNIFIED DEVELOPMENT CODE PAGE

29 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 b. Public Utilities As-built drawings shall contain state plane coordinates of all manholes, clean-outs, catch basins, field grates, head walls, valves, fire hydrants, water meter pits, curb stops, etc. As-built drawings shall also contain significant changes to the following: Sanitary sewer: i. Lengths, inverts, rim elevations, pipe material (labeled as shown on approved construction plans ), and percent grades. ii. Locations (by station number & offset and state plane coordinates) of all sanitary sewer main appurtenances (manholes, clean-outs, etc.). Storm sewer: iii. Lengths, inverts, rim elevations, pipe material (labeled as shown on approved construction plans ), and percent grades. iv. Locations (by station number & offset and state plane coordinates) of all storm sewer appurtenances (catch basins, manholes, field grates, centerline information for paved ditches, headwalls, etc.). Water: v. Depth to the top of the water valve nuts for all water valves. vi. Locations (by station number & offset and state plane coordinates) of all water main appurtenances (valves, fire hydrants, water meter pits, curb stops, etc.). Detention Basins and Storm Water Quality Features - An official Drainage Plan is required. The official Drainage Plan shall be a final approved as-built grading plan of the subdivision or commercial development. This plan is required to verify that the contour changes of the subdivision or development shown on the approved grading plan have been constructed in accordance with the plan. The as-built grading plan shall be prepared prior to the construction of any homes or buildings within the subdivision or commercial development. Any deviations from the grading as shown in the approved grading plans shall be shown in red with the original grading shown in black. i. Locations (by station number & offset and state plane coordinates) of all inlets and outlet structures, spillways, etc. Elevations shall be provided for all items. Orifice diameters shall be provided. ii Topography of the basin and downstream flow channels shall be shown. The design and as-built volumes of the basin shall be listed in cubic feet. iii. The as-designed information shall be shown in black, while the asbuilt information shall be shown in red with the as-designed information being struck out with a single line. The as-built location of improvements shall be graphically shown in both plan and profile views in red. iv. All subdivision boundary corners shall also be tied to the Missouri State Plane Coordinate System and labeled with a northing and easting as well as centerline intersections, cul-de-sac center points and offsets and offsite easement centerlines where requested. Digital copies of all as-built plans shall also be submitted in AutoCAD and PDF formats, or such other format as required by the Director of Public Works, with both design and as-built UNIFIED DEVELOPMENT CODE PAGE

30 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 information shown as described above. AutoCAD layouts shall be provided allowing for the reproduction of a complete set of plans as needed. G. Public Improvements or Performance Guarantees. Prior to approval of a final plat, the developer shall install all required public improvements or post a financial guarantee of performance in a form established by the City (performance guarantees). H. Final Plat Review Criteria. A final plat shall be reviewed according to the following criteria: 1. The layout and design of the final plat is in substantial compliance with the approved preliminary plat considering the number of lots or parcels; the block layout, street designs and access; the open space systems and civic design elements; the infrastructure systems; or other elements of coordinated developments. 2. The construction plans meet all technical specifications. 3. The phasing and timing of public improvements ensures construction and performance guarantees. 4. Any deviations in the final plat brings the application in further compliance with the Comprehensive Plan and the purposes and intent of this Code. 5. Covenants meeting the City s approval and containing all requirements of the UDC are approved by the City Attorney s Office. 6. The recommendations of professional staff. I. Effect of Decision. Approval of a final plat shall not constitute acceptance of public improvements. Such acceptance will require separate, formal action of the City Council. If the final plat is approved by the City Council by ordinance, the City Clerk shall within ten days sign the final plat signifying approval by the City Council, the date of approval and the date on which the City Clerk signs the certificate. Approval of a final plat shall authorize the applicant to record the plat in the office of the Recorder of Deeds for Jackson County, Missouri. No lot within the subdivision may be sold until the final plat has been approved by the City Council and any conditions placed on such approval have been complied with or completed, and the plat has been officially recorded by the County Recorder of Deeds. If the proposed final plat is disapproved, the Director of Community Development shall, within ten days, notify the developer in writing of the action and the reasons therefor and return the final plat to the developer. J. Final Plat Expiration Revocation of Approval. If the developer fails to record a final plat with the Jackson County Recorder of Deeds within twelve months from the date of final plat approval, the City Council shall require the developer to explain extenuating circumstances preventing recording of the plat. If the City Council determines that an extension of time for recording would serve the best interests of the, it may grant up to one extension for a period not to exceed six months. If the City UNIFIED DEVELOPMENT CODE PAGE

31 DEVELOPMENT REVIEW PROCEDURES PLATTING 403 Council determines that an extension of time for recording would not serve the best interests of the, then the City Council shall formally revoke its approval of the final plat and notify the developer and the Jackson County Recorder of Deeds of such action. K. Digital Plat Submission Standards And Procedures. 1. When final plat application is filed with the Community Development Department, the applicant shall submit a digital file of the plat in addition to the required paper copies of the plat. The digital file shall be submitted with the application and again at the time of the submission of signed copies of the final plat for recording. The file shall be on a computer diskette or media which is acceptable to the City's GIS Division. 2. The submission of digital plat files shall conform to the formatting standards, layering system and text styles of the GIS Department. Where a digital file contains errors or does not fully comply with City standards, the applicant shall make corrections and resubmit the file prior to the final plat being recorded. L. Subdivision Of Land Being Redeveloped Seeking Deviations, Modifications and/or Waivers Pursuant To Section Pursuant to Section of this UDC, redevelopment (as the term is defined in Section (D)(2)) seeking deviations, modifications and/or waivers pursuant to Section , which requires platting or replatting, shall comply with the procedures for submission of plats and review and action thereon set forth in Section (I). M. Administrative Plats. Administrative plat procedures provide an expedited review and approval for minor adjustments to legal boundaries, easements, and title of property for proper recording. These adjustments have little or no impact on public facilities and infrastructure, ownership and development patterns and are otherwise determined to be in accordance with the City s long-range development plans. 1. Applicability. Administrative Plats may be filed for the following adjustments to property: a. Lot Line Adjustments. An adjustment to a previously platted lot affecting no more than 4 lots and results in no additional lots. b. Revised Final Plat. Revisions to a previously approved final plat that are due to field conditions that could not have been reasonably anticipated or discovered at the time of the plat, or are due to a development program in the final plat that required construction activity to determine the final legal description. Revised final plats shall result in no additional lots and no change to the development patterns and concepts in the final plat. c. Minor Subdivision. The combining of 2 or more lots into one lot or the division of a parcel into no more than 3 lots, where no portion of the lots or remaining parcel have been subject to a previous minor subdivision and public improvements are not required. d. Condominimum Minor Plat. The subdivision of an existing structure into fewer than 3 units. UNIFIED DEVELOPMENT CODE PAGE

32 DEVELOPMENT REVIEW PROCEDURES PLATTING Criteria. Administrative plats may be approved upon a finding that: a. The application meets the applicability criteria for an administrative plat; b. The application involves no adjustments to the layout of existing public streets or public areas, but may involve additional right-of-way along existing streets or public areas; c. The resulting ownership patterns are consistent with those in the area, or those demonstrated in a previously approved final plat or the Comprehensive Plan; d. The application meets all of the applicable purpose and intent statements in this code; e. All resulting lots conform to the standards of this code and result in building lots; f. The review and recommendation of any other city staff or impacted agencies; and g. The application will not create any negative influences on the existing or potential development of adjacent property considering the existing zoning or comprehensive plan policies for the property; and h. All resulting condominium units or lots have access to utilities in a manner approved by the utility and if required by a utility, separate metering or an approved metering method for use of utilities. 3. Approval Process. A pre-application conference is required. Administrative plats shall be submitted on forms required by the Community Development Director and contain all information required by the forms. Within 15 days of submission of a complete application the director shall take one of the following: a. Approve the application; b. Deny the application and state specific reasons; or c. Refer the application to the Planning Commission if at any point the Director determines that the application does not meet the applicable or review criteria. Such referral may be considered an application for a preliminary plat. 4. Effect of Decision. The decision of the Director shall be construed as the final decision and shall be made in writing. Approval of the application is valid for up to one year, and shall be recorded at the county recorder of deeds office after it is properly signed and acknowledged by appropriate parties. Any application not recorded within 1 year shall be void. Section Conditional Use Permits A. Overview / Applicability. A Conditional Use Permit provides flexibility for different uses within a zoning district and allows the potential for additional uses that due to their varying design and operational characteristics of the use or due to conditions in the area are not generally appropriate in that district, but require a case-specific review to determine the compatibility in a specific context and location. UNIFIED DEVELOPMENT CODE PAGE

33 DEVELOPMENT REVIEW PROCEDURES CONDITIONAL USE PERMITS 403 B. Review Criteria. A Conditional Use Permit shall be reviewed according to the following criteria: 1. The application furthers the intent of the proposed zoning district and supports that of any abutting districts. 2 Compliance of any proposed development with the requirements of this Development Code. 3. Whether any additional site-specific conditions are necessary to meet the purposes and intent of this Development Code and the intent or design objectives of any applicable subsections of this Development Code. 4. The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape. 5. The adequacy of drainage, utilities and other public facilities. 6. Compatibility with the character of the area in terms of building scale, building form, landscape and site design. 7. Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property. 8. The application will not prevent development and use of the neighboring property in accordance with the applicable development regulations. 9. The long range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area. 10. The recommendations of professional staff. C. Effect of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. Approval shall be subject to those specific facts and any additional conditions made as part of the review and approval. Any amendment to a Conditional Use Permit shall require the same process as the original approval. D. Lapse of Approval. An approved Conditional Use Permit shall expire and be of no further effect if an application for a building or occupancy permit for all buildings and uses shown on the application is not filed within one year of the date of the approval. UNIFIED DEVELOPMENT CODE PAGE

34 DEVELOPMENT REVIEW PROCEDURES SITE PLAN AND DESIGN REVIEW 403 Section Site Plan and Design Review A. Overview / Applicability. The Site Plan and Design Review process is a way to coordinate development projects within the public realm and with adjacent sites, and specifically demonstrate how new projects meet the development and design standards of this Development Code. Site Plan and Design Review applies to the following development types: 1. Administrative Review. The following applications are eligible for administrative review by staff: a. A new building less than 25,000 square feet and that meets all development standards. b. An addition to an existing legally conforming building of more than 450 square feet and less than 25,000 square feet and with the property meeting all other development standards of the UDC. c. Any remodel or addition that involves alteration of less than 75% of the exterior facade. d. Any site development work that alters less than 80% of the existing landscape or open space. e. An addition of impervious surface of more than 10,000 square feet. f. Any other building or development activity that involves investment of less than 80% of the current value of the property and building. g. Exemptions: Site plan review shall not apply to: (1) TF or lessor zoning districts; (2) Detached houses or duplexes where no open space is required, and which are not part of a planned development; (3) In-fill development within an existing neighborhood. Development activity that is exempt or does not require administrative review of a site plan shall still provide sufficient information at the time of required permits to demonstrate that all applicable standards of the Unified Development Code are met. 2. Site Plan and Design Review. The following applications require review by the planning commission: a. Any new building of 25,000 square feet or more, or an addition of more than 25,000 square feet to an existing building. b. Any site or development project involving more than 5 acres. c. Applications that require technical studies, which in the sole discretion of staff, may impact the use, investments, or design of public facilities beyond the specific application. d. Site plans accompanying other administrative or discretionary approvals required to be reviewed by the Planning Commission. B. Review Criteria. A Site Plan and Design Review shall be reviewed according to the following criteria: 1. Compliance with the requirements of this Development Code. UNIFIED DEVELOPMENT CODE PAGE

35 DEVELOPMENT REVIEW PROCEDURES SITE PLAN AND DESIGN REVIEW The application is consistent with any approved Specific Plans, Overlay Districts, Concept Plans, or other specific design and development policies or standards applicable to the site. 3. Whether any additional site-specific conditions are necessary to meet the intent and design objectives of any of the applicable development standards. 4. The application meets the criteria for all other reviews needed to build the project as proposed. 5. The recommendations of professional staff. C. Effect of Decision. Approval of a Site Plan and Design Review shall authorize the applicant to apply for a building permit. The Director of Community Development may approve minor amendments to approved Site Plans and Design Reviews without the refiling of a new application, but in no event shall the Director approve the following amendments except through the same process used to approve the original application: 1. An increase in the proposed building footprints of more than 5% and total floor area by more than 10%; 2. An increase in impervious surfaces of more than 10%, including building footprint and non-building impervious surface, provided storm water detention and storm water quality as defined by KCAPWA 5600 are not required; 3. An increase in building heights of more than 5 feet; or 4. A decrease in landscape areas by more than 10%, or any change in open space and site design that may impact on the performance of stormwater, screening or urban design functions of the approved plan. D. Lapse of Approval. An approved Site Plan and Design Review shall expire and be of no further effect if an application for a building permit for one or more buildings shown on the application is not filed within one year of the approval. Any other element of the plan not submitted for permits within two years shall expire, unless the application proposes a different schedule that is approved. E. Redevelopment Modification Plan Seeking Deviations, Modifications And Waivers Pursuant to Section Redevelopment modification plans proposing deviations from modification to and waiver of the regulations, requirements and standards of the UDC and City Code shall be reviewed and acted upon in accordance with the provisions of Section Section Variances A. Overview / Applicability. Variances are a process to provide relief from a strict interpretation of the standards of this code, when applied to a particular property and in a UNIFIED DEVELOPMENT CODE PAGE

36 DEVELOPMENT REVIEW PROCEDURES VARIANCES 403 specific context would create an unnecessary hardship or practical difficulties on all reasonable use of the property. B. Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met: 1. The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action; 2. The granting of the variance will not adversely affect the rights of adjacent property owners or residents; 3. The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship or practical difficulties upon the property owner represented in the application; and 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare. 5. Granting the variance would not violate any requirements set forth by State or Federal agencies. C. Effect of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. A concurring vote of at least four (4) members of the Board of Adjustment shall be required to approve any variance request. D. Conditions of Approval. 1. Conditions. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Development Code including placing a condition that the variance shall cease and be of no effect upon the ending of the condition(s) which justified the granting of the variance such that the variance is no longer needed to allow reasonable use of the property benefited by the variance. 2. Performance bonds. The Board of Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the City in a sum equal to the cost of constructing the required improvements. 3. Time limits.the Board of Adjustment may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board of Adjustment may, after UNIFIED DEVELOPMENT CODE PAGE

37 DEVELOPMENT REVIEW PROCEDURES VARIANCES 403 reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions. E. Appeals of Board of Adjustment Decisions. Any person aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the date of the Board of Adjustment's decision on the matter. For purposes of calculating the time of appeal, the decision shall be deemed entered on the date the Chairman signs the decision including the findings of fact and conclusions of law. Section Vacations A. Overview / Applicability. Vacation is the process to eliminate any plat, part of a plat, street, alley, utility easement, PUD Final Plan or public reservation of land. The application shall be made by the public entity owning the property interest in the property sought to be vacated or by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not a party to the application. B. Review Criteria. The City Council, in its sole discretion, may decide to approve or disapprove an application for a vacation and in rendering its decision may use the following review criteria for an application for Vacation: 1. The application is in accordance with the Comprehensive Plan or any official plan or program developed under the guidance of the Comprehensive Plan. In particular the impact of the vacation on physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan. 2. Compliance with the requirements of this Development Code. In particular the vacation is consistent with the intent and design objectives of the subdivision design standards. 3. The vacation reflects sound planning and urban design principles with respect to existing and potential development in the vicinity, including consideration of current and future streets, opens spaces, blocks, lots, and public utilities and facilities. 4. Any impacts identified by specific studies or technical reports are mitigated with generally accepted sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments. UNIFIED DEVELOPMENT CODE PAGE

38 DEVELOPMENT REVIEW PROCEDURES VACATIONS The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan. 6. All resulting lots and parcels are capable of meeting the intent and objectives of the applicable zoning districts and development standards. 7. The application meets the public interest, and is not otherwise for the sole benefit of one property owner or project. 8. No private rights will be injured or endangered by the application. 9. The street or alley to be vacated no longer serves a public purpose. 10. The recommendations of professional staff. 11. Other information which may come to its attention. C. Effect of Decision. In approving a vacation, the City Council may place any conditions it deems necessary to protect the public health, good and welfare, including the requirement for easements. The Director of Community Development shall certify to the City Clerk when any conditions have been met and, upon such certification, the vacation shall become effective. D. Request by Public Works Director. In addition to the procedure set out above for applications submitted by abutting landowners, the Director of Public Works may petition for the vacation of a street or alley when it is the opinion of the Director of Public Works that such street or alley has not been opened, used, and the retention of such street or alley is no longer necessary: 1. For any lawful and proper use of a publicly held street or alley; or 2. To serve a useful public purpose; or 3. To be retained for proper, efficient and safe traffic movement within the city; or 4. For the public welfare; and 5. Easements may be provided to protect public and private utilities within the street, alley or rights-of-way. The application shall include the basis for the Director s opinion. Upon the filing of such an application, the procedure set out in this Section for applications filed by abutting landowners shall be followed. If, after consideration by the Planning Commission and City Council, the City Council finds the basis for the Director of Public Work s opinion is correct, and determines that the criteria set out in Subsection F of this Section are met, the City Council may approve the director s application and vacate such street or alley with or without conditions as set out in Section F. UNIFIED DEVELOPMENT CODE PAGE

39 DEVELOPMENT REVIEW PROCEDURES BUILDING PERMITS 403 Section Appeals of Administrative Decisions A. Overview / Applicability. The Appeal of Administrative Decisions is a process to determine if there was an error in any interpretation, administration, application or enforcement of this Development Code by an administrative official of the City. Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Appeals of administrative decisions shall be filed within ten days of the date of the decision being appealed. B. Effect of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to, or poses irreparable harm to, life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record. C. Action by Director of Community Development. The Director of Community Development or the administrative official whose decision is being appealed shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken within 30 days of receipt of such filing of the appeal. D. Review and Action-Board of Adjustment. Appeals of administrative decisions shall be taken to the Board of Adjustment. The Board of Adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence if available to such official and to reconsider the decision in light of such evidence. The Board of Adjustment shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty days after receipt of a complete application. A concurring vote of four members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision, or determination of an administrative official. E. Review Criteria Findings of Fact. An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment shall be accompanied by written findings of fact specifying the reason for the decision and said written findings shall be filed in the office of the Board of Adjustment within fifteen days after the date of the final action. F. Appeals of Board of Adjustment Decisions. Any person, including any City Official or City Council, aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be UNIFIED DEVELOPMENT CODE PAGE

40 DEVELOPMENT REVIEW PROCEDURES BUILDING PERMITS 403 presented to the Court within thirty days after the date on which the Board of Adjustment's written decision on the matter is filed in the office of the Board of Adjustment. Section Building Permits. [Ord. No , ; Ord. No , ] In accordance with Title V, Building Code, of the City Code, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, structural conversion, structural alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof until a building permit has been granted therefore. This Section sets out the required review and approval procedures for building permits. The term Code Administrator shall have the same meaning as the term is used in Title V of the City Code. A. Application Submittal. A complete application for a building permit shall be submitted to the Codes Administrator in a form established by the City (Building Permit Application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No Building Permit Application shall be processed until the application is complete, all applicable development approvals have been secured (including a released site plan) and the required fee has been paid. B. Review and Action-Codes Administrator. The Codes Administrator shall be responsible for conducting reviews to determine if intended uses, buildings or structures comply with applicable provisions of this Development Code and the Building Code. A building permit shall be either issued or denied by the Codes Administrator within twenty one (21) days after the receipt of a complete application or within such longer period as may be agreed to by the applicant. If a building permit is not issued within the required twenty one (21) day period, the building permit application shall be deemed denied. When the Codes Administrator denies an application for a building permit, the applicant shall be advised in writing of the reasons for the denial. C. Expiration. Building permits shall be subject to the expiration provisions of the Building Code. D. Revocation. A building permit may be revoked by the Codes Administrator at any time prior to the completion of the building or structure for which the same was issued, when the Codes Administrator determines that there is departure from the plans, specifications, or conditions required under the terms of the issued permit, that the same was procured by false representation or that any provisions of this Development Code are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order, which shall be posted in a prominent location, and, after the posting of a stop work order, it shall be unlawful for any person to work on the work site except to correct the situation that caused the stop work order to be posted. UNIFIED DEVELOPMENT CODE PAGE

41 DEVELOPMENT REVIEW PROCEDURES BUILDING PERMITS 403 E. Prerequisite to Building Permit. A final plat shall be approved by the Governing Body and recorded with the Recorder of Deeds of Jackson County for the land on which the building is to be constructed at some time prior to the issuance of any building permit. A building permit shall be obtained from the Codes Administrator. Section Occupancy Certificates. [Ord. No , ; Ord. No , ] No structure or addition thereto constructed, built, moved, remodeled or reconstructed after October 5, 2015 shall be occupied or used for any purpose, and no land that is vacant on October 5, 2015 shall be used for any purpose except Agriculture (Limited or General), and no use of any land or structure shall be changed to any other use, unless a Temporary Occupancy Certificate or an Occupancy Certificate is first obtained from the Codes Administrator. This Section sets out the required review and approval procedures for Occupancy Certificates. A. Certificate Request. A request for an Occupancy Certificate shall be submitted to the Codes Administrator. B. Review and Action-Codes Administrator. No Occupancy Certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after November 18, 1996 shall be issued until such work has been completed and the premises inspected and certified by the Codes Administrator to be in full and complete compliance with the plans and specifications upon which the building permit was issued. No Occupancy Certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the Codes Administrator to be in full and complete compliance with all the applicable regulations of the zoning district in which the use is located. C. Temporary Occupancy Certificates. Pending the issuance of a Permanent Occupancy Certificate, a Temporary Occupancy Certificate may be issued which shall be valid for a period established by the Codes Administrator, not to exceed six (6) months, pending completion of any addition or during partial occupancy of the premises. After a Temporary Occupancy Certificate expires it shall lapse and be of no further effect. D. Issuance of Certificates. An Occupancy Certificate shall either be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued. Action to issue or deny shall be taken within ten (10) days of the date that a complete application is filed. E. Unlawful to Occupy Without a Valid Occupancy Certificate. It shall be unlawful to occupy any building that does not have a valid Occupancy Certificate or Temporary Occupancy Certificate. UNIFIED DEVELOPMENT CODE PAGE

42 DEVELOPMENT REVIEW PROCEDURES WRITTEN INTERPRETATIONS 403 Section Written Interpretations. [Ord. No , ; Ord. No , ] This Section sets out the required review and approval procedures for written interpretations of the provisions of the Development Code. A. Application Submittal. A complete application for a written interpretation shall be submitted to the Community Development Director in a form established by the City (Application for Written Interpretation), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. B. Review and Action-Director of Community Development. Within twenty days after a complete application for a written interpretation has been submitted, the Director of Community Development shall: 1. Review and evaluate the request in light of the text of this Development Code, the Official Zoning Maps, the Comprehensive Plan and any other relevant documents; 2. Consult with other staff if deemed appropriate; and 3. Render a written interpretation. C. Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations. D. Official Record of Interpretations. The Director of Community Development shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection in the office of the Director of Community Development during normal business hours. E. Appeal of Director of Community Development's Interpretation. Appeals of the Director of Community Development's written interpretation may be taken to the Board of Adjustment, in accordance with the procedures of Section , by filing an appeal with the Director of Community Development within seven days of the date of the Director of Community Development's decision. Section Redevelopment in Designated Areas. [Ord. No , ; Ord. No , ; Ord. No , ] A. Purpose. The purpose of these amendments to the City's UDC is to facilitate the redevelopment of commercially and industrially zoned areas of the City, while ensuring high quality development that is compatible with adjacent development in all parts of the City, by carefully evaluating redevelopment proposals within these areas toward the goal UNIFIED DEVELOPMENT CODE PAGE

43 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 of providing safe, functional, aesthetically pleasing redevelopment that preserves the property values of adjacent development without creating unnecessary costs for redevelopers. B. Specific Objectives. The regulations of this Section are designed to accomplish the above purpose by requiring that redevelopment proposals undergo plan review; authorizing the City Council to deviate from, modify and/or waive applicable zoning district regulations, property development standards, supplemental standards, performance standards, special use standards, operation standards, subdivision design and improvement standards, the general development standards of Chapter 407, and sign regulations of the City Code Chapter 501; and establishing review criteria to guide the City Council's discretion in deviating from or modifying these regulations and standards and/or granting waivers thereto. The following are specific objectives of these provisions: 1. Increase redevelopment opportunities in commercially and industrially zoned areas of the City; 2. Ensure a strong business climate within these areas by promoting quality design through a plan review process, providing latitude in using innovative and less costly techniques in the redevelopment of land that is not otherwise economically feasible to develop in accordance with the then current Unified Development Code and City Code requirements, and encouraging in-fill development in these areas; 3. Provide for high quality, comprehensively designed and developed commercially and industrially zoned areas that are well planned and well maintained by: a. Encouraging the most appropriate use of developed land by providing over time better opportunities for redevelopment and improvement of individual sites in a manner compatible with adjacent development; b. Protecting and enhancing property and building values and the value of City investments in older commercially and industrially zoned areas and maintaining and improving the tax base and fostering redevelopment; c. Protecting extraordinary public investment in public infrastructure, public amenities and public facilities; d. Securing more business development, job retention and growth in the City; e. Providing increased opportunities for property owners to maximize their investment; f. Increasing property taxes and other revenues to the City from the redevelopment of older commercially and industrially zoned areas; and g. Implementing the Comprehensive Plan. C. Applicability. The processes and procedures established by this UDC text amendment shall apply to all developed tracts of land within the City's jurisdictional boundaries that are shown on the official Zoning District Map as being in the NB, SO, GB, RC, LI or HI zoning district or in any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB". UNIFIED DEVELOPMENT CODE PAGE

44 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 D. Application Requirements. 1. Any person who owns an existing business in the City and who desires to redevelop the property upon which that business is located (as the term "redevelopment" is defined in Subsection (D)(2) hereof) with deviation from, modification to and waiver of the applicable regulations, requirements and standards of the UDC and City Code shall submit a redevelopment modification plan application to the City for review, recommendation and action as required herein. 2. For the purposes of this Section only, "redevelopment" shall mean any development on a developed tract of land where more than fifty percent (50%) of its total square footage is currently encompassed by structure(s) or improvement(s), which development will, at a minimum, result in an increase: a. In the amount of real estate taxes paid, respecting that tract of land, of fifty percent (50%) or greater; or b. In the amount of personal property taxes paid, respecting that tract of land, of fifty percent (50%) or greater; or c. In the amount of sales taxes paid, respecting that tract of land, of fifty percent (50%) or greater; or d. In the number of permanent full-time jobs located at the tract of land of fifty percent (50%) or greater; or e. In any combination of (a) through (d) above that totals fifty percent (50%); provided that with respect to this calculation and (d) above, each new job shall be deemed to be equal to a one percent (1%) increase and the total percentage related to increased jobs shall be added to the other percentages. Expansion of an existing structure or structures, if the expansion otherwise meets the definition in this Subsection, constitutes redevelopment; provided that this expansion shall physically incorporate a minimum of fifty percent (50%) of the existing structure(s) located on the land covered by the redevelopment modification plan. In addition, a change in use that will cause the use to lose its non-conforming use status, pursuant to Section , constitutes redevelopment, as that term is used herein, if the above percentage increases will be met. 3. The redevelopment modification plan application shall include a redevelopment modification plan that clearly identifies each proposed deviation, modification and waiver of the applicable regulations, requirements and standards of the UDC and City Code. Except as provided in this Section , the redevelopment modification plan shall be in the form required for site plans by Section of this UDC. 4. The redevelopment modification plan shall be accompanied by a statement specifically delineating by UDC and/or City Code Section and Subsection number each individual deviation from, modification to and waiver of the applicable UNIFIED DEVELOPMENT CODE PAGE

45 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 regulations, requirements and standards of the UDC and/or City Code requested in the redevelopment modification plan. The statement shall include a reference to the redevelopment modification plan for each such deviation, modification or waiver that is of sufficient clarity to allow the Director to identify the proposed location for each requested deviation, modification or waiver. The statement shall also include a narrative description of the rationale for granting each requested deviation, modification or waiver. 5. The redevelopment modification plan shall also be accompanied by a statement (and such other information, plans or data as may be appropriate) explaining how the proposed redevelopment will be compatible with adjacent proposed or existing developments. The statement shall address considerations including, but not limited to, the following: a. Ingress and egress from the tract of land, street and internal traffic circulation within the tract of land and traffic circulation between the tract of land and adjacent tracts, including the potential for joint access easements and frontage and reverse frontage roads; b. Uses of the tract, exterior and interior setbacks, lot sizes, building coverage, floor area ratio, structure heights, and outdoor storage and display; c. Parking, including the potential for shared or common parking; d. Building types and materials; e. Buffering and streetscape, including street trees, and other landscaping on the tract(s), signage and street lighting fixtures; and f. A traffic study, if required, as defined in the Public Works Design and Construction Manual, Transportation Impact Study Requirements. 6. To evidence the percentage increase in taxes and/or jobs, the applicant shall submit the following as a part of the redevelopment modification plan application. a. To establish the baseline, the applicant shall submit: (1) If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property taxes for its most recent fiscal year; (2) If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1; or (3) If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return. (4) If the applicant is claiming its development will meet the definition of redevelopment through a combination of (1) through (3), then the applicant shall submit all three forms of supporting documentation. UNIFIED DEVELOPMENT CODE PAGE

46 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 b. To establish the projected increases in taxes and/or jobs, the applicant shall submit a notarized affidavit, signed by an authorized representative of applicant, stating the amount of real or personal property or sales taxes and/or new permanent and full-time jobs that the redevelopment proposed by the redevelopment modification plan will generate, and such additional documentation of the projected increase as the Director of Community Development, Planning Commission or City Council may require. E. Deviation From, Modification to and Waiver of Applicable UDC Regulations, Restrictions and Standards and Provisions of the City Code. 1. A redevelopment modification plan applicant may propose a redevelopment modification plan that deviates from, modifies or waives one (1) or more of the following applicable regulations, restrictions or standards of the UDC and/or City Code: a. The zoning district regulations for the NB, SO, GB, RC, LI and HI Districts and any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB", including the property development standards and supplemental standards applicable thereto; b. The special use standards of Chapter 405 hereof; c. The accessory use development standards of Chapter 405 hereof; d. The subdivision design and improvement standards of Chapter 406 hereof; e. The general development standards of Chapter 407 hereof; and f. The sign standards of Chapter 501 of the City Code. 2. Uses permitted by the property's zoning district classification may not, pursuant to this Subsection, be expanded to include uses not otherwise permitted in the zoning district. The uses permitted on any tract of land covered by a redevelopment modification plan may be voluntarily restricted by the applicant in the redevelopment modification plan application submitted in accordance herewith or restricted as a condition of approval of the plan application by the City Council. F. Redevelopment Modification Plan Review, Recommendation and Action. 1. To initiate consideration of a proposed redevelopment on property where deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC and/or City Code are desired, the applicant shall participate in a pre-application conference with the Director of Community Development and other City Officials designated by the Director of Community Development. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures. 2. Upon completion of the pre-application conference, the applicant shall submit a redevelopment modification plan application to the Community Development UNIFIED DEVELOPMENT CODE PAGE

47 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 Director. The Director shall review the redevelopment modification plan application to determine whether the development proposed in the redevelopment modification plan application constitutes redevelopment as that term is defined in Subsection (D)(2). If the Director determines that it does, the Director shall proceed with preparation of the staff report provided for in Subsection (F)(3). If the Director determines that it does not, the Director shall notify the applicant in writing within five (5) business days of this determination. This notification shall include the reasons for the Director's determination. The applicant may, within ten (10) business days, appeal an adverse Director's determination to the City Council. The notice of appeal shall be filed in writing with the Director and shall include the Director's determination and a statement of the grounds for the appeal. The City Council will hear the appeal within sixty (60) days of the date the written notice of appeal is filed with the Director. The decision of the City Council shall be final. 3. The Director of Community Development, with input from other City departments, shall prepare a staff report that reviews the redevelopment modification plan application in light of the Comprehensive Plan, the general requirements of the applicable UDC and City Code provisions, and the review criteria set forth in Subsection (F)(6) hereof. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant at least three (3) days before the scheduled Planning Commission and City Council meetings at which the redevelopment modification plan application is to be considered. 4. The Planning Commission shall hold a public hearing on the redevelopment modification plan within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. At the close of the public hearing, the Planning Commission shall recommend approval, modified approval or denial of the redevelopment modification plan based on the review criteria set forth in Section (F)(6). After taking action, the Planning Commission shall transmit a written summary of its action and proceedings to the City Council. Notice of the public hearing shall comply with the requirements of all applicable applications. 5. Within thirty (30) days of the close of the Planning Commission public hearing, the City Council shall hold a public hearing on the redevelopment modification plan. The City Council shall act to approve, approve with modifications or deny the plan within sixty (60) days of the close of the City Council public hearing on the plan. Notice of the public hearing shall comply with the requirements of all applicable applications. 6. The City Council may only approve the redevelopment modification plan application if it finds that the redevelopment modification plan satisfies the following review criteria: a. Redevelopment proposed by the redevelopment modification plan incorporates generally accepted sound planning principles and will provide sustainable value to the City; UNIFIED DEVELOPMENT CODE PAGE

48 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 b. Redevelopment proposed by the redevelopment modification plan effectively utilizes the land upon which the redevelopment is proposed; c. Adequate access roads or entrances and exit drives will be provided and will be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; d. Adequate utilities, drainage and other necessary services or facilities have been or will be provided to the redevelopment proposed by the redevelopment modification plan; e. The location and size of the redevelopment, as proposed by the redevelopment modification plan, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the redevelopment will not dominate the immediate neighborhood so as to adversely affect the development and use of neighboring property; f. The redevelopment is reasonably compatible with existing or permitted uses on abutting sites in terms of building height, setbacks, exterior building design features and materials utilized, open spaces, bulk and scale, landscaping and buffering, parking and circulation features; g. Approval of the redevelopment proposed by the redevelopment modification plan will not create an undesirable precedent; h. The condition or value of property in the City or in the vicinity will not be adversely affected by the redevelopment proposed by the redevelopment modification plan; i. The redevelopment would not occur but for the approval of the redevelopment modification plan application with the proposed deviations from, modifications to and waivers of the hereinbefore referenced regulations, restrictions and standards of the UDC and City Code; j. The deviations, modifications and waivers proposed in the redevelopment modification plan are the minimum required to allow the proposed redevelopment to proceed; k. The benefits to the City of the redevelopment, including, but not limited to, the tax revenues generated and the jobs created, outweigh the negative effects, if any, resulting from the approval of the redevelopment modification plan application with the proposed deviations, modifications and waivers; l. The redevelopment proposed by the redevelopment modification plan will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and m. Redevelopment proposed by the redevelopment modification plan furthers the goals, spirit and intent of this Section and of the UDC as a whole. 7. If the City Council approves a redevelopment modification plan application with modifications, it may designate specific requirements that must be satisfied to ensure the review criteria of Subsection (F)(6) are met before issuance of a building permit. The City Council may delegate to the Director of Community Development the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. As a UNIFIED DEVELOPMENT CODE PAGE

49 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 condition of approval, the applicant may be required to execute a development agreement that is satisfactory to both the applicant and the City. 8. No separate vote on individual deviations, modifications or waivers proposed by the redevelopment modification plan is required for the City Council to approve the redevelopment modification plan application, though the City Council may choose to require separate votes on each. At its discretion, the City Council may evaluate the redevelopment modification plan application as a whole to determine whether the redevelopment it proposes satisfies the review criteria set forth hereinabove and the purposes of this Section. G. Recordation of Approved Redevelopment Modification Plans. The owner of property, with respect to which a redevelopment modification plan has been approved pursuant to this Section, shall record the approved redevelopment modification plan with the Jackson County Department of Records within thirty (30) days of the City Council approval of the redevelopment modification plan application. Failure to record the redevelopment modification plan within one (1) year shall render the approval of same void. H. Successive Applications. In the event that the City Council denies a redevelopment modification plan application pursuant to this Section, a redevelopment modification plan application for the same or similar tract(s) of land shall not be refiled for one (1) year from the date on which the City Council denied the redevelopment modification plan application. I. Relationship to Subdivision Design and Improvement Standards. Except as otherwise provided, the processing and consideration of a redevelopment modification plan application for land shall be separate from the platting procedures of Section , and the redevelopment modification plans shall not be construed as plats. Provided however, if such redevelopment project requires platting or replatting pursuant to Section , the applicant may submit a combined preliminary and final plat that contains all the information for both required by Section to the Community Development Director. The combined preliminary and final plat may include deviations from and modifications to the subdivision design and improvement standards of Chapter 406. In this instance, a staff report shall be prepared, as required by Subsection , and the combined preliminary and final plat shall be reviewed and acted upon by the Planning Commission and City Council as required by Chapter 403; provided that the Planning Commission shall not recommend approval and the City Council shall not approve the combined preliminary and final plat unless each determines that, in addition to the requirements of Section , it satisfies the review criteria of Subsection (F)(6) hereof. If the City Council so determines, it may approve or conditionally approve the combined preliminary and final plat. J. Expiration of Approved Redevelopment Modification Plans. An approved redevelopment modification plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved redevelopment modification plan is not filed within one (1) year of the date that the redevelopment modification plan is approved. UNIFIED DEVELOPMENT CODE PAGE

50 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 K. Revised Redevelopment Modification Plans. Once the applicant has obtained redevelopment modification plan approval pursuant hereto, changes in that redevelopment modification plan may be made only after approval of a revised redevelopment modification plan. 1. Procedure for revised redevelopment modification plan applications. a. An applicant that has received approval of a redevelopment modification plan may request approval of a revised redevelopment modification plan at least sixty (60) days prior to the date the validity of the redevelopment modification plan expires. b. When an application for a revised redevelopment modification plan is filed, the Director of Community Development shall determine whether the revised redevelopment modification plan involves substantial changes or minor changes and shall notify the applicant, within seven (7) working days, of the nature of the requested changes and of the procedure that applies to consideration of the application for the revised redevelopment modification plan. The determination of the Director of Community Development may be appealed to the City Council whose decision shall be final. 2. Substantial changes to the approved redevelopment modification plan, as defined in Subsection (K)(5) hereof, may be approved only by the City Council. Review of substantial changes to the approved redevelopment modification plan shall follow the procedure for original review of a redevelopment modification plan application as set forth in this Section. No variance may be obtained from the redevelopment modification plan by any other review body. 3. Minor changes to the approved redevelopment modification plan, as defined in Subsection (K)(6), may be approved by the Director of Community Development. 4. No more than two (2) revised redevelopment modification plans may be approved that involve minor changes as defined in Subsection (K) hereof. Further revisions to the redevelopment modification plan may only be approved in accordance with the procedure for original approval of redevelopment modification plan applications set forth in this Section. 5. For purposes of this Section, "substantial change" to the approved redevelopment modification plan shall mean any change that is not a minor change, as defined below, or the extension of the expiration date of the redevelopment modification plan. 6. For purposes of this Section, "minor change" to the approved redevelopment modification plan shall mean any of the following changes: a. Reconfiguration of building locations that do not change the architectural style of the project or buildings or alter the approved streetscape; b. Increases in the number of lots to a number that is less than five percent (5%) of the number of lots originally approved; UNIFIED DEVELOPMENT CODE PAGE

51 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 c. Increases of lot coverage of less than five percent (5%); d. Increases in the height of any building of less than ten percent (10%); e. Decreases of any setback of less than five percent (5%); and f. Decreases of areas devoted to open space of less than five percent (5%). 7. In determining whether to approve an application for a revised redevelopment modification plan, the criteria set forth in Subsection (F)(6) hereof shall be applied. In the event that the application for the revised redevelopment modification plan is denied, the previously approved redevelopment modification plan will remain in effect until it expires. L. Redevelopment Modification Plan Approval Personal to Applicant Transfer. 1. Any approval of a redevelopment modification plan shall be personal to the applicant and shall authorize only the development of the property as specified in the approved redevelopment modification plan. The approval shall not run with the land or be automatically transferable to any other person. No person, including the applicant, shall have any right to use the property for any purpose other than those specified in the approved redevelopment modification plan, except in accordance with Subsection (L)(2) hereof. 2. Once the applicant has obtained building permits for all development shown on the approved redevelopment modification plan and has made substantial investments in reliance on these building permits as determined by the Director of Community Development, rights in the redevelopment modification plan shall be deemed to run with the land and shall be transferable by the applicant to another person or entity, provided that the provisions of Chapter 409 on nonconformities shall thereafter be fully applicable to the development. 3. If the applicant wishes to convey the property, with respect to which a redevelopment modification plan has been approved, to another person prior to the issuance of building permits for all development and substantial reliance thereon, and such person desires to construct the improvements in accordance with the approved redevelopment modification plan, such person shall first obtain the approval of the Director of Community Development in accordance with the procedures set forth in Subsection (L)(4) hereof. 4. Such person, other than applicant, who desires to use the subject property in accordance with the approved redevelopment modification plan prior to issuance of building permits for all development and substantial reliance thereon shall submit a redevelopment modification plan application to the Director of Community Development as specified in Subsection (D) of this Section. The Director shall review the application and shall approve the transfer of the rights to use the property in accordance with the approved redevelopment modification plan if the Director determines that review criteria (g) through (m) of Subsection (F)(6) are met. This decision shall be submitted to such person in writing within seven (7) working days of issuance of the Director's determination. UNIFIED DEVELOPMENT CODE PAGE

52 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS Any person who is denied the right to construct improvements in accordance with a redevelopment modification plan approved pursuant to Subsection (L)(4) hereof, by the Director's determination, may appeal this decision to the City Council by submitting a written statement of the grounds for the appeal to the Director within three (3) working days of the issuance of the Director's determination. The City Council will hear the appeal within thirty (30) days of the date the written statement is submitted to the Director. The decision of the City Council shall be final. 6. Any person seeking the Director's approval, as provided in this Subsection (L)(4), which also desires a revision or revisions to the approved redevelopment modification plan, must obtain approval of a revised redevelopment modification plan by following the procedures for approval of a revised redevelopment modification plan as set forth in Subsection (K) hereof. M. Issuance of Building Permits. The Director of Community Development shall not issue a building permit for redevelopment on property, if the applicant is seeking deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC or the City Code, as provided for by this Section, until the City Council has approved a redevelopment modification plan for the subject redevelopment, and then only if the redevelopment modification plan approval is still valid pursuant to Subsection (J) hereof. N. Verification That Project Increases Have Been Obtained By Applicant. Within thirty (30) days of the date that is one hundred eighty (180) days from the date the last certificate of occupancy issued by the City for the buildings shown on the applicant's approved redevelopment modification plan is issued, or on whatever date is the first available opportunity to do so, applicant shall submit to the Director of Community Development the following: 1. If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property tax for its most recent fiscal year showing the actual increases generated by the development; or 2. If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1, showing the actual increases generated by the development; or 3. If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return, showing the actual increases generated by the development. UNIFIED DEVELOPMENT CODE PAGE

53 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS If the applicant's development met the definition of redevelopment, in whole or part, through a combination of 1 through 3 above, then all supporting documentation for all three categories shall be submitted for review. Section Reasonable Accommodation Policy and Procedure. A. Purpose. This Section implements the policy of the on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B) and Title II of the Americans with Disabilities Act, 42 U.S.C The policy of the City is to comply fully with the provisions of the Fair Housing Act and Title II of the Americans with Disabilities Act. Any person with disabilities and eligible under the Fair Housing Act or Title II of the Americans with Disabilities Act may request a reasonable accommodation with respect to the various provisions of the UDC including land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act and Title II of the Americans with Disabilities Act pursuant to the procedures set out in this Section. Nothing in this Section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section. B. Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows: ACTS. Collectively, the FHA and the ADA. ADA. Title II of the Americans with Disabilities Act, 42 U.S.C , et seq., and its implementing regulations, 28 C.F.R. Part 35. APPLICANT. An individual, group or entity making a request for reasonable accommodation pursuant to this Section. CODE ADMINISTRATOR. The individual charged with authority to act under Title V, Building Codes, of the Codes and Ordinances. FHA. The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C et seq., as may be amended. DISABLED PERSON. Any person who is handicapped within the meaning of 42 U.S.C. 3602(h) or a qualified individual with a disability within the meaning of 42 U.S.C (2). DWELLING. A dwelling as defined in 42 U.S.C. 3602(b). UNIFIED DEVELOPMENT CODE, The Unified Development Code consisting of Title IV of the City s Codes of Ordinances. UNIFIED DEVELOPMENT CODE PAGE

54 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 Unless specifically defined in this section all terms have the same meaning as contained in Chapter 411 of the City Code. C. Requesting Reasonable Accommodations: In order to make specific housing available to one or more individuals with disabilities, a disabled person or a person acting on his or her behalf at his or her request (collectively, the Applicant ) may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing. 1. A request by an Applicant for reasonable accommodation relating to the UDC, rules, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the Department of Community Development. The form shall contain: a. the current zoning for the property; b. the name, phone number and address of the owner of the fee interest of the property (if other than the Applicant); c. the nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the Applicant in advance of making the application, the Applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The Applicant shall notify the Department of Community Development, in the event the residents at the location are not within the range described. The Department of Community Development shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate; d. the specific type of accommodation requested by the Applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any state or county authority to operate, and any other information the Applicant thinks would assist in determining the reasonableness of the accommodation; e. the Applicant should also note, if known, whether this accommodation requires any additional permits or licensure (e.g. business license); and UNIFIED DEVELOPMENT CODE PAGE

55 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 f. whether the accommodation requested may be necessary to afford one or more disabled persons equal opportunity to use and enjoy a specific dwelling. D. Jurisdiction. The Department of Community Development will provide the assistance necessary to an Applicant in making a request for reasonable accommodation, including information which the Department of Community Development deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the Applicant's request for reasonable accommodation, the Department of Community Development shall use the information to complete a reasonable accommodation request form. 2. The Department of Community Development will provide the assistance necessary to any Applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the Applicant. The Applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the Applicant. 3. Should the information provided by the Applicant to the Department of Community Development include medical information or records of the Applicant, including records indicating the medical condition, diagnosis or medical history of the Applicant, the Applicant may, at the time of submitting such medical information, request that the Department of Community Development to the extent allowed by law, treat such medical information as confidential information of the Applicant. 4. The Department of Community Development shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the Department of Community Development for disclosure of the medical information or documentation which the Applicant has previously requested be treated as confidential by the Department of Community Development. The Department of Community Development will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation. 1. Directors and Code Administrator Consideration (Staff Committee). A staff committee comprised of the Directors of Community Development and Public Works and the Code Administrator (Staff Committee) is hereby created and charged with the responsibilities and duties set out herein The Staff Committee shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department of Community Development of Community Development, it will be referred to the Staff Committee for review and UNIFIED DEVELOPMENT CODE PAGE

56 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS 403 consideration. The Staff Committee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, or (2) deny the request, in accordance with federal or state law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the Applicant by certified mail, return receipt requested and by regular mail. 2. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Staff Committee may, prior to the end of said thirty (30) day period, request additional information from the Applicant, specifying in detail what information is required. The Applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty (30) day period to issue a written determination shall be stayed. The Staff Committee shall issue a written determination within thirty (30) days after receipt of the additional information. If the Applicant fails to provide the requested additional information within said fifteen (15) day period, the Staff Committee shall issue a written determination within thirty (30) days after expiration of said fifteen (15) day period. E. Findings for Reasonable Accommodation. The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial: 1. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling; 2. Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and 3. Whether the requested accommodation would impose undue financial or administrative burdens on the City. A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Acts. This order does not obligate the City to grant any accommodation request unless required by the provisions of the Acts or applicable Missouri State law. F. Appeals. 1. Within thirty (30) days after the date the Staff Committee mails a written adverse determination to the Applicant, the Applicant requesting reasonable accommodation may appeal the adverse determination. UNIFIED DEVELOPMENT CODE PAGE

57 DEVELOPMENT REVIEW PROCEDURES REDEVELOPMENT IN DESIGNATED AREAS All appeals shall contain a statement of the grounds for the appeal. 3. If an individual Applicant needs assistance in appealing a determination, the Department of Community Development will provide the assistance necessary to ensure that the appeal process is accessible to the Applicant. All Applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the Applicant. 4. Appeals shall be to the Board of Adjustment pursuant to Section All determinations on appeal shall address and be based upon the finding that the accommodation requested is necessary to afford one or more disabled persons equal opportunity to use and enjoy a specific dwelling and shall be consistent with the Acts. 5. An Applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. G. Fees. The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section or an appeal of a denial of such request by the Staff Committee. Nothing in this ordinance obligates the City to pay an Applicant's attorney fees or costs. H. Stay of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the Applicant. I. Record-keeping. The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City s responses thereto, as required by state law. UNIFIED DEVELOPMENT CODE PAGE

58 ZONING DISTRICT REGULATIONS ZONING DISTRICTS ESTABLISHED 404 Chapter 404. Zoning District Regulations ARTICLE I. GENERAL Section Zoning Districts Established Section Zoning District Hierarchy Section Official Zoning District Map Section Zoning Upon Annexation Section Compliance with Zoning District Standards ARTICLE II BASE ZONING DISTRICTS Section RE, Residential Estate District Section SF-12, Large Lot Single-Family District Section SF-7, Single-Family District Section TF, Two-Family District Section MF-14, Low Density Multi-Family District Section MF-14, Moderate Density Multi- Family District Section MF-18, High Density Multi-Family District Section N-L, Neighborhood Limited District Section N-O, Neighborhood Open District Section NB, Neighborhood Business District Section SO, Service Office District Section GB, General Business District Section RC, Regional Commercial District Section LI, Light Industrial District Section HI, Heavy Industrial District Section PLOS, Public Land and Open Space District ARTICLE III SPECIAL PURPOSE ZONING DISTRICTS Section R-O, Restricted Overlay District Section ADP-O, Adams Dairy Parkway Overlay District Section PR-O, Planned Residential Overlay District Section DDC, Downtown Development Code Article I. General Section Zoning Districts Established. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No B 2, ] The following zoning districts are hereby established. They may be referred to throughout this Code by their map abbreviations. RE Residential Estate District (Section ) SF-12 Large Lot Single-Family District (Section ) SF-7 Single-Family District (Section ) TF Two-Family District (Section ) MF-10 Low Density Multi-Family District (Section ) MF-14 Moderate Density Multi-Family District (Section ) MF-18 High Density Multi-Family District (Section ) N-L Neighborhood Limited District (Section ) N-O Neighborhood Open District (Section ) UNIFIED DEVELOPMENT CODE PAGE 404-1

59 ZONING DISTRICT REGULATIONS ZONING DISTRICTS ESTABLISHED 404 NB Neighborhood Business District (Section ) SO Service/Office District (Section ) GB General Business District (Section ) RC Regional Commercial District (Section ) LI Light Industrial District (Section ) HI Heavy Industrial District (Section ) R-O Restricted Overlay District (Section ) ADP-O Adams Dairy Parkway Overlay District (Section ) PLOS Public Land and Open Space District (Section ) Section Zoning District Hierarchy. [Ord. No , ; Ord. No , ] References in this development code to less intensive or more intensive zoning districts refer to the base zoning districts established by Section and represent a progression from the RE District as the least intensive base zoning district to the HI District as the most intensive base district. In the case of zoning districts which are no longer listed in Section , in order to determine whether they are less intensive or more intensive, they should be inserted into the table in the location where they existed before being removed in order to make the determination. Special purpose base districts and overlay districts are not included in the zoning district hierarchy. Section Official Zoning District Map. [Ord. No , ] A. Adoption of Official Zoning Map. The boundaries of the zoning districts established by this development code shall be shown on a map or series of maps entitled "Official Zoning District Map". The Official Zoning District Map together with all notations, references and other information shown thereon, shall be as much a part of this development code as if such notations, references and other information were specifically set forth herein. Original copies of the Official Zoning District Map and all amendments thereto shall be maintained in the office of the Director of Community Development. In case of any dispute regarding the zoning classification of property subject to this development code, the original maps maintained by the Director of Community Development shall control over copies and reprints, but ordinances shall control over the map. UNIFIED DEVELOPMENT CODE PAGE 404-2

60 ZONING DISTRICT REGULATIONS OFFICIAL ZONING DISTRICT MAP 404 B. Omitted Land. If any land subject to this development code has not been specifically included within any of the districts shown on the Official Zoning District Map, such land shall automatically be classified into the SF-7 District. C. Interpretation of Zoning District Boundaries. These provisions shall govern interpretations regarding the location of zoning district boundaries shown on the Official Zoning District Map. 1. Streets, waterways and railroads. Zoning district boundaries follow the centerlines of streets, alleys, waterways, and railroad rights-of-way, unless otherwise indicated. When the designation of a boundary line on the zoning map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district. 2. Lot lines. When zoning district boundaries do not coincide with the location of streets, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district. 3. Street vacations. Whenever any street, alley or public way is vacated by official action of the City Council, the zoning districts adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall be subject to all regulations of the extended district. 4. Other uncertainties. Where features existing on the ground contradict those shown on the Official Zoning District Map, or in case any other uncertainty exists, the location of district boundaries shall be determined by the Director of Community Development according to the procedures of Section Section Zoning Upon Annexation. [Ord. No , ; Ord. No , ] Any area that is added to or becomes a part of the shall retain its current County zoning classification in accordance with Section of the Revised Missouri Statutes (2000) until such zoning is affirmatively changed by the City through its regular rezoning procedures. Processing of annexations and rezonings may take place simultaneously, provided that the zoning amendment process complies with the requirements of Chapter 403, including public hearings by the Planning Commission and City Council. UNIFIED DEVELOPMENT CODE PAGE 404-3

61 ZONING DISTRICT REGULATIONS RE, RESIDENTIAL ESTATE DISTRICT 404 Section Compliance with Zoning District Standards. [Ord. No , ; Ord. No , ; Ord. No , ] Except as otherwise specifically provided for in this UDC, no building or structure shall be erected, converted, enlarged, reconstructed or altered for use, nor shall any building or structure or land be used or changed in use except in accordance with all of the district regulations established by this Development Code for the zoning district in which the building or structure or land is located. Article II. Base Zoning Districts Section RE, Residential Estate District. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The RE, Residential Estate District is intended primarily to accommodate very low-density residential development and agricultural land uses. The district's large minimum lot size is intended to prevent premature urban-intensity development on lands not yet well-served by infrastructure and public services. The RE District may also be used to accommodate and protect estate lot residential development from encroachment by higher density development. The RE District also allows agricultural uses, and as such, the district is appropriate for application in areas of the City that continue to be used for farming. B. Uses. Uses shall be allowed in the RE District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the RE District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Small Civic Building (Limited) 3. Accessory buildings and living unit. D. Performance and Design Standards. 1. Parking. In addition to the general parking and design standards in Section , any off-street parking area greater than 4 spaces shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 2. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. UNIFIED DEVELOPMENT CODE PAGE 404-4

62 ZONING DISTRICT REGULATIONS SF-12, LARGE LOT SINGLE FAMILY DISTRICT 404 Section SF-12, Large Lot Single-Family District. [Ord. No , ; Ord. No , ] A. Intent. The SF-12, Large Lot Single-Family District is intended to accommodate low density residential development on lots that are much larger than found within the City's "standard single-family subdivisions. The district is intended to be applied in areas that are inappropriate for higher residential densities and where necessary to protect existing and proposed low-density residential developments from the potentially adverse land use impacts associated with other forms of development. B. Uses. Uses shall be allowed in the SF-12 District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the SF-12 District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Small Civic Building (Limited) 3. Accessory buildings and living unit. D. Performance and Design Standards. 1. Parking. In addition to the general parking and design standards in Section , any off-street parking area greater than 4 spaces shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 2. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 3. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. Section SF-7, Single-Family District. [Ord. No , ; Ord. No , ] A. Intent. The SF-7, Single-Family District is intended to accommodate and protect moderate density residential development as part of the overall neighborhood development patterns identified in the Comprehensive Plan. Application of this district should include appropriate transitions to other complimentary zoning districts that provide neighborhood services and amenities and other housing options that are part of larger mixed-density neighborhoods. UNIFIED DEVELOPMENT CODE PAGE 404-5

63 ZONING DISTRICT REGULATIONS MF-10. LOW-DENSITY MULTI-FAMILY DISTRICT 404 B. Uses. Uses shall be allowed in the SF-7 District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the SF-7 District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Small Civic Building (Limited) 3. Accessory buildings and living unit. D. Performance and Design Standards. 1. Parking. In addition to the general parking and design standards in Section , any off-street parking area greater than 4 spaces shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 2. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 3. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. Section TF, Two-Family District. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The TF, Two-Family District is intended to allow for the development of conventional attached dwellings, commonly known as duplexes. This district can integrate different housing options as part of the overall neighborhood development patterns identified in the Comprehensive Plan. Application of this district should include appropriate transitions to other complimentary zoning districts that provide neighborhood services and amenities and other housing options that are part of larger mixed-density neighborhoods. B. Uses. Uses shall be allowed in the TF District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the TF District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Small Civic Building (Limited) UNIFIED DEVELOPMENT CODE PAGE 404-6

64 ZONING DISTRICT REGULATIONS MF-10. LOW-DENSITY MULTI-FAMILY DISTRICT 404 D. Performance And Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , any off-street parking area greater than 4 spaces shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 3. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Small Lot and Compact Lot Detached Houses, and Neighborhood Lot Duplex building types shall be limited to the PR-O overlay subject to a neighborhood plan for mixed-density housing. 5. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 6. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. Section MF-10, Low Density Multi-Family District. [Ord. No , ] A. Intent. The MF-10, Low Density Multi-Family District accommodates non-elevator residential development in small scale buildings that can integrate well with the overall neighborhood development patterns identified in the Comprehensive Plan. Application of this district should include appropriate transitions to complimentary zoning districts that provide neighborhood services and amenities. The focus of this district is intended to provide quality apartment development with an emphasis on neighborhood character, streetscape design and other civic spaces. This classification is applicable to lands with convenient access to arterial streets and shopping areas. B. Uses. Uses shall be allowed in the MF-10 District in accordance with the Use Table of Section UNIFIED DEVELOPMENT CODE PAGE 404-7

65 ZONING DISTRICT REGULATIONS MF-10. LOW-DENSITY MULTI-FAMILY DISTRICT 404 C. Building Types. Building types shall be allowed in the MF-10 District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Rowhouse 4. Apartments 5. Small Civic Building (Limited) D. Performance and Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , all off-street parking shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 3. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Small Lot and Compact Lot Detached Houses, Neighborhood Lot Duplex, and Walkup and Low-rise Apartment building types shall be limited to the PR-O overlay subject to a neighborhood plan for mixeddensity housing. 5. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 6. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. Section MF-14, Moderate Density Multi-Family District. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The MF-14, Moderate Density Multi-Family District accommodates moderate density multi-family development. This district can integrate different housing options as part of the overall neighborhood development patterns identified in the Comprehensive Plan. Application of this district should include appropriate transitions to complimentary zoning districts that provide neighborhood services and amenities. UNIFIED DEVELOPMENT CODE PAGE 404-8

66 ZONING DISTRICT REGULATIONS MF-14. MODERATE-DENSITY MULTI-FAMILY DISTRICT 404 B. Uses. Uses shall be allowed in the MF-14 District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the MF-14 District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Rowhouse 4. Apartments 5. Small Civic Building (Limited) D. Performance and Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , all off-street parking shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 3. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Small Lot and Compact Lot Detached Houses, Neighborhood Lot Duplex, and Walkup and Low-rise Apartment building types shall be limited to the PR-O overlay subject to a neighborhood plan for mixeddensity housing. 5. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 6. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. UNIFIED DEVELOPMENT CODE PAGE 404-9

67 ZONING DISTRICT REGULATIONS MF-18, HIGH-DENSITY MULTI-FAMILY DISTRICT 404 Section MF-18, High Density Multi-Family District. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The MF-18, High Density Multi-Family District accommodates high density multifamily development. This district is intended to allow for high-density residential living in buildings of four or more stories as transitions to more intense development, services or amenities, and along major transportation routes. B. Uses. Uses shall be allowed in the MF-18 District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the MF-18 District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Rowhouse 4. Apartments 5. Small Civic Building (Limited) D. Performance and Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , all off-street parking shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 3. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Small Lot and Compact Lot Detached Houses, Neighborhood Lot Duplex, and Walkup, Low-rise and Mid-rise Apartment building types shall be limited to the PR-O overlay subject to a neighborhood plan for mixed-density housing. 5. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 6. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line UNIFIED DEVELOPMENT CODE PAGE

68 ZONING DISTRICT REGULATIONS MF-18, HIGH-DENSITY MULTI-FAMILY DISTRICT 404 deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. Section N-L, Neighborhood Limited District. A. Intent. The N-L District accommodates a mix of housing types in a compact and walkable neighborhood pattern. It is intended for primarily detached housing at moderate densities with strategically located small-scale multi-unit building types. This district is organized around a quality public realm and neighborhood streetscapes that blend the various building types. It should be applied in close proximity to Neighborhood Centers as identified in the Comprehensive Plan, with multiple connections to these supporting areas. B. Uses. Uses shall be allowed in the N-L District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the N-L District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Rowhouse 4. Apartments 5. Small Civic Building (Limited) D. Performance and Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , all off-street parking shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. 3. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Rowhouse and Walk-up Apartment building types shall be limited to the following locations: a. Corner lots; b. Lots arranged as end-caps with frontage on the short ends of blocks; or c. Block faces that front across from open or civic spaces that are part of the Open Space System in Section UNIFIED DEVELOPMENT CODE PAGE

69 ZONING DISTRICT REGULATIONS N-L, NEIGHBORHOOD - LIMITED DISTRICT Live / Work. Live / Work Building Types shall be limited to corner lots only where at least one street is a collector street or higher classification. 6. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 7. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. Section N-O, Neighborhood Open District. A. Intent. The N-O district accommodates a mix of housing types in a walkable neighborhood pattern. It is intended for a variety of small-scale multi-unit building types, with more intense development possible on blocks that transition to Neighborhood Centers, Distinct Destinations or major transportation routes as identified in the Comprehensive Plan. This district is organized around a quality public realm and neighborhood streetscapes that blend the various building types. It should be applied in close proximity to Neighborhood Centers and Distinct Destinations, with multiple connections to these supporting areas. B. Uses. Uses shall be allowed in the N-O District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the N-O District in accordance with the Building Type Table of Section , and include the following: 1. Detached House 2. Duplex 3. Rowhouse 4. Apartments 5. Small Civic Building (Limited) D. Performance and Design Standards. 1. Design standards. All buildings shall comply with the Residential Design Standards of Chapter Parking. In addition to the general parking and design standards in Section , all off-street parking shall be located at least 25 from the street frontage, and at least 10 from any lesser-intense zoning district on abutting property. UNIFIED DEVELOPMENT CODE PAGE

70 ZONING DISTRICT REGULATIONS N-0, NEIGHBORHOOD - OPEN DISTRICT Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations in the neighborhood to serve as a focal point and gathering place. 4. Limited Building Types. Low-rise or Mid-rise Apartment building types shall be limited to blocks that transition to non-residential development. 5. Live / Work. Live / Work Building Types shall be limited to corner lots only where at least one street is a collector street or higher classification. 6. Open Space System. All projects greater than 5 acres shall provide an Open Space System subject to the standards in Section Any rezoning to this district below 5 acres should have access to existing open spaces meeting the planning and design criteria of that section or design at least 10% of the area as active open space meeting those standards. 7. Frontage Types. Frontage types in Section shall be applied to create a consistent streetscape along a single block face so that no front building line deviates by more than 10 from the average along the block, and no more than 5 from adjacent lots. Section NB, Neighborhood Business District. [Ord. No , ] A. Intent. The NB, Neighborhood Business District is intended to provide commercial locations for small areas of convenience shopping facilities in and near residential neighborhoods. Such convenience shopping facilities will often occupy a small area, frequently at an intersection or on a major street, in an area that is otherwise wholly residential. This district should be organized around a quality public realm with compact development patterns, walkable streets, and civic gathering places to create Neighborhood Centers identified in the Comprehensive Plan. B. Uses. Uses shall be allowed in the NB District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the NB District in accordance with the Building Type Table of Section , and include the following: 1. Live / Work 2. Small Commercial 3. Mixed-Use 4. General Commercial (Limited) 5. Pad Site (Limited) 6. Small Industrial / Workshop 7. Small Civic (Limited) D. Performance and Design Standards. UNIFIED DEVELOPMENT CODE PAGE

71 ZONING DISTRICT REGULATIONS NB, NEIGHBORHOOD BUSINESS DISTRICT Building and Use Limits. Any use, building type or site design that has a potentially negative impact on the compact, pedestrian-oriented, neighborhood scale of this district shall be limited to secondary blocks or streets that are not the prime frontages. Businesses larger than 5,000 square feet, car-oriented sites, drive-through or similar uses shall not be permitted where they interrupt this character, shall not be allowed to front Activity Streets, and shall only be allowed where they support and contribute to the overall vitality and intent of the district. 2. Outdoor storage and display. No outdoor display or storage of merchandise shall be allowed within the NB District, except that Outdoor Sales Limited may be allowed subject to the use table, and the Director of Community Development may approve sidewalk accessory uses and temporary displays of seasonal merchandise in accordance with the standards of Section Residential Uses. Residential uses shall be limited to live/work units or multifamily housing on the upper levels of mixed-use building types with street level retail or service uses. 4. Frontage Types. Buildings in the NB district may use the following frontage types in Section : Enhanced Streetscape Frontage, Frontage Plaza, Courtyard or Terrace. Buffer frontages may be required on Standard Street types. 5. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations to serve as a focal point and gathering place. Section SO, Service/Office District. [Ord. No , ] A. Intent. The SO, Service/Office District is intended to provide areas for public, semipublic, institutional, professional and office uses either as concentrations of employmentrelated activity or supporting uses when tightly integrated with Neighborhood Centers, Business Hubs or the Corridor Reinvestment areas of the Comprehensive Plan B. Uses. Uses shall be allowed in the SO District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the SO District in accordance with the Building Type Table of Section , and include the following: 1. Live / Work (Limited) 2. Small Commercial 3. General Commercial 4. Small Industrial / Workshop (Limited) 5. Small Civic (Limited) UNIFIED DEVELOPMENT CODE PAGE

72 ZONING DISTRICT REGULATIONS RC, REGIONAL COMMERCIAL DISTRICT 404 D. Performance and Design Standards. 1. Building and Use Limits. Any use, building type or site design that has a potentially negative impact on the compact, pedestrian-oriented, neighborhood scale of this district shall be limited to secondary blocks or streets that are not the prime frontages. Businesses larger than 5,000 square feet, car-oriented sites, drive-throughs or similar uses shall not be permitted where they interrupt this character, shall not be allowed to front Activity Streets, and only be allowed where they contribute to the overall vitality and intent of the district. 2. Outdoor storage and display. No outdoor display or storage of merchandise shall be allowed within the SO District, except that the Director of Community Development may approve sidewalk accessory uses or temporary displays of seasonal merchandise in accordance with the standards of Section Frontage Types. Buildings in the SO district may use the following frontage types in Section : Frontage Plaza, Courtyard or Terrace. Buffer frontages may be required on Standard Street type. Enhanced Streetscape Frontages shall only be allowed on Activity Streets. 4. Institutional / Civic Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations to serve as a focal point and gathering place. Section GB, General Business District. [Ord. No , ; Ord. No , ] A. Intent. The GB, General Business District is intended to accommodate general trades and commercial services at specific points on arterials outside central or neighborhood business districts. The GB District is particularly appropriate adjoining a major highway. Such an area draws highway uses such as restaurants, service stations, and motels, which are not totally compatible with shopping center developments but which may be grouped together advantageously as highway service centers. B. Uses. Uses shall be allowed in the GB District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the GB District in accordance with the Building Type Table of Section , and include the following: 1. Live / Work (Limited) 2. Small Commercial 3. Mixed-Use (Limited) 4. General Commercial 5. Pad Site 6. Small Industrial / Workshop 7. Small Civic (Limited) UNIFIED DEVELOPMENT CODE PAGE

73 ZONING DISTRICT REGULATIONS RC, REGIONAL COMMERCIAL DISTRICT 404 D. Performance and Design Standards. The following supplemental standards shall apply in the GB District. 1. Outdoor storage and display. Outdoor display and outdoor storage of merchandise shall be allowed within the GB District in accordance with the following standards when such storage areas are not completely enclosed or completely screened from view: a. Setbacks. Outdoor storage and display areas shall comply with all exterior and interior setback requirements. b. Height. Outdoor storage or display areas shall not exceed fifty percent (50%) of the height of the principal structure or ten (10) feet, whichever is less. 2. Institutional / Civic Uses. Civic building types shall be located at prominent locations to serve as a focal point and gathering place. Section RC, Regional Commercial. [Ord. No , ] A. Intent. The RC, Regional Commercial District is intended primarily to accommodate retail and commercial land uses that serve community and regional needs and is appropriate adjoining a major highway. B. Uses. Uses shall be allowed in the RC District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the RC District in accordance with the Building Type Table of Section , and include the following: 1. Small Commercial 2. Mixed-Use (Limited) 3. General Commercial 4. Pad Site 5. Small Industrial / Workshop 6. Small Civic (Limited) D. Performance and Design Standards. The following supplemental standards shall apply in the RC District Outdoor storage and display. Outdoor display and outdoor storage of merchandise shall be allowed only within the RC District in accordance with the following standards when such storage areas are not completely enclosed or completely screened from view: a. Setbacks. Outdoor storage and display areas shall comply with all exterior and interior setback requirements. b. Height. Outdoor storage or display areas shall not exceed fifty percent (50%) of the height of the principal structure or ten (10) feet, whichever is less. UNIFIED DEVELOPMENT CODE PAGE

74 ZONING DISTRICT REGULATIONS RC, REGIONAL COMMERCIAL DISTRICT Institutional / Civic Uses. Civic building types shall be located at prominent locations to serve as a focal point and gathering place. Section LI, Light Industrial District. [Ord. No , ; Ord. No , ] A. Intent. The LI, Light Industrial District is intended primarily to accommodate industries that produce finished products from semi-finished materials, and require little or no outside storage of materials. The district provides locations for limited manufacturing and industrial activities with limited land use impacts, primarily traffic generated by delivery vehicles and employees. B. Uses. Uses shall be allowed in the LI District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the LI District in accordance with the Building Type Table of Section , and include the following: 1. Small Commercial 2. General Commercial 3. Pad Site 4. Small Industrial / Workshop 5. General Industrial 6. Small Civic (Limited) D. Performance and Standards. The following supplemental standards shall apply in the LI District. 1. Outdoor storage. No outdoor storage of merchandise, materials, supplies or equipment shall be allowed in the LI District unless it is completely screened from view of rights-of-way and more restrictive zoning districts. No outdoor storage and display area shall reduce the number of required parking spaces below that required by Section Civic / Institutional Uses. Any permitted civic uses shall be in Small Civic building types located at prominent locations to serve as a focal point and gathering place. Section HI, Heavy Industrial District. [Ord. No , ; Ord. No , ] A. Intent. The HI, Heavy Industrial District is intended primarily to accommodate basic manufacturing industries and related industrial activities and to protect such uses from UNIFIED DEVELOPMENT CODE PAGE

75 ZONING DISTRICT REGULATIONS LI, LIGHT INDUSTRIAL DISTRICT 404 encroachment by uses that are incompatible with industrial processing and other intensive uses. B. Uses. Uses shall be allowed in the HI District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the HI District in accordance with the Building Type Table of Section , and include the following: 1. Small Commercial 2. General Commercial 3. Pad Site 4. Small Industrial / Workshop 5. General Industrial 6. Small Civic (Limited) Section PLOS, Public Land and Open Space District. [Ord. No B 1, ] A. Intent. The PLOS, Public Land and Open Space District is intended to provide for recreational use with such public buildings, public recreational facilities and accessory uses that are compatible with park land or natural surroundings. This district is to protect land that is either vacant and in a natural state or City parks, recreation facilities, golf courses, and active open spaces associated with public schools. B. Uses. Uses shall be allowed in the PLOS District in accordance with the Use Table of Section C. Building Types. Building types shall be allowed in the PLOS District in accordance with the Building Type Table of Section , and include the following: 1. Small Civic 2. General Civic D. Performance and Design Standards. 1. Site plan and design review as defined in Section is not required for change in uses, public buildings and accessory structures. 2. PLOS Zoning District, and the design and location of open spaces shall be coordinated with the Open Space System standards in Section Temporary buildings or small kiosk buildings may be permitted in public, common or civic spaces in conjunction with temporary uses, special events or to accommodate micro-commercial uses that may be permitted. UNIFIED DEVELOPMENT CODE PAGE

76 ZONING DISTRICT REGULATIONS R-O, RESTRICTED OVERLAY DISTRICT 404 Article III. Special Purpose Zoning Districts Section R-O, Restricted Overlay District. [Ord. No , ] A. Intent. By providing for flexible use or property development standards tailored to individual projects or specific properties, the R-O, Restricted Overlay District is intended to: 1. Ensure compatibility among incompatible or potentially incompatible land uses; 2. Ease the transition from one zoning district to another; 3. Address sites or land uses with special requirements; 4. Guide development in unusual situations or unique circumstances, through a higher degree of specific planning for the site and vicinity; 5. Integrate a mix of different uses in a compact and walkable pattern to meet the targets and range of uses identified for the Places in the Comprehensive Plan B. Applicability. The R-O, Restricted Overlay District, may be applied in combination with any base zoning district through the planned development process in Chapter 403. Although the R-O zoning may be more specific and apply to a specific development project, the plan to support the R-O zoning shall consider the broader context and consist of at least 10 acres. Where any of this area is not under the control of the applicant, this plan may document existing conditions and likely future conditions of land use, development patterns, scale and intensity of buildings, open space systems and street networks and streetscape design, and how the proposed development impacts that context through the criteria of the planned development process. C. Use and Property Development Standards. The R-O, Restricted Overlay District, can be used to modify and restrict the use and property development standards of an underlying base zoning district. All requirements of an R-O District are in addition to and supplement all other applicable standards and requirements of the underlying zoning district. Restrictions and conditions imposed by an R-O District may include the following. 1. Identifying the specific uses or range of uses as permitted, accessory or conditional uses, and in particular where those uses or restrictions differ from the base zoning district(s); 2. Specifying the number or average density of dwelling units that may be constructed throughout the project; UNIFIED DEVELOPMENT CODE PAGE

77 ZONING DISTRICT REGULATIONS R-O, RESTRICTED OVERLAY DISTRICT Specifying the types, location and amount of open spaces for different purposes (Open Space System, Frontage Types, and Buffers, Screens and Landscape) throughout the project; 4. Adjusting the lot and building type standards to establish better relationships to the streetscapes and open spaces; 5. Restrictions on access to abutting properties and nearby roads, including specific design features; 6. Adjusting the application and effect of any of the General Development Standards in Chapter 407; and 7. Any other design or development conditions that coordinate different aspects of the planned development either within the plan or with adjacent property. D. Method of Adoption. Restrictions imposed through an R-O District are considered part of this development code text and Official Zoning Map. All property included in an R-O District shall be identified on the Zoning Map by adding the letters "R-O" to the base zoning district symbol. The ordinance zoning or rezoning property to the R-O District shall specifically state the modifications imposed pursuant to the R-O District. The restrictions imposed shall be considered part of the text of this development code and a violation of the restrictions shall be a violation of this development code. The restrictions shall continue in full force and effect until modified by the City Council by amendment to this Development Code. Section ADP-O, Adams Dairy Parkway Overlay District. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , 7, ; Ord. No , ] A. Intent. The intent of the ADP-O, Adams Dairy Parkway Overlay District is to: 1. Provide for a high-quality, comprehensively designed and developed corridor that is well planned and well maintained; 2. Provide for incremental development and improvement of individual sites in a compatible manner, encouraging the most appropriate use; 3. Protect property and building values and value of City investments in the Adams Dairy Parkway Corridor and to maintain the tax base and foster development of quality commercial and residential structures; 4. Manage development in a way that preserves the integrity of natural systems present in the corridor planning area such as stormwater runoff, detention and management; UNIFIED DEVELOPMENT CODE PAGE

78 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE Implement development quality goals of the Adams Dairy Parkway Corridor Plan with reasonable consideration to the character of the district and its suitability for particular uses; 6. Protect extraordinary public investment in public infrastructure, public amenities and public facilities; and 7. Secure more business development in the City. B. Effect of Overlay District on Base District Regulations. The ADP-O District regulations apply in addition to the underlying (base) zoning district regulations to impose different development rules for properties within the Adams Dairy Parkway Corridor. In case of conflict between the ADP-O regulations of this Section and other regulations in this development code, the ADP-O regulations of this Section shall control. Where no special ADP-O regulation is stated, the regulations of the underlying base zoning shall control. 1. Residential zoning districts. Properties zoned SF-12, SF-7, TF, MF-10, MF-14 or MF-18 shall be developed as planned development in accordance with the PR-O district, the procedures of Section and the regulations of Section Except that in the ADP-O all buildings, paving area or parking areas shall be setback at least fifty (50) feet from the Adams Dairy Parkway right-ofway. No fence or wall shall extend into this area, and it may be incorporated into the open space system required by the PR-O and Section Non-residential Zoning. Properties with the underlying zoning of NB, SO, GB, and LI shall comply with the following additional standards. a. Uses. The Use Table applicable to each zoning district is modified according to Table , ADP-O supplemental use table. Table : ADP-O Supplemental Use Table NB SO GB LI Freestanding retail sales / service C C C Bank or financial institutions C L/C C Restaurant C L/C C Drive-throughs C C C Hotel / Motel C C Residential Convalescent care Photocopying and blue print services Flex tech Vehicle repair Limited Service Station All permitted or conditional uses in LI in the table converted to C UNIFIED DEVELOPMENT CODE PAGE X X P P C C

79 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 Convenience Stores C P = Permitted use C= Conditional Use subject to discretionary review L/C Limited use only when incidental to an office or hotel/motel use, and limited to 20% of GFA of building; otherwise a Conditional Use subject to discretionary review. X use otherwise permitted by Use Table, but specifically prohibited in ADP-O b. Frontage Types and Setbacks. (1) Adams Dairy Parkway. All buildings paving or parking areas shall be setback at least fifty (50) feet from the Adams Dairy Parkway Right-of-Way. No fence or wall shall extend into this area, and it shall be designed and incorporated into the open space system and frontage types as a Greenway in Section with a Terrace Frontage Types in Section (2) Other Streets. All other streets shall use the Terrace Frontage Type in Section , with a twenty (20) foot setback / building line. Except that on Activity Streets, buildings and lots may apply the Courtyard, Frontage Plaza or Enhanced Streetscape Frontage. (3) All open space and frontages shall be designed and maintained to screen off-street parking and service and loading areas from view of adjoining roadways and lots. c. Building Intensity. Within the ADP-O District the floor area of all buildings as compared to lot area shall not exceed the following, and shall have site buffering and landscape equivalent to the following: Table : ADP-O Building Intensity Zoning District Floor Area Ratio Buffer / Landscape NB.25:1 20% SO.5:1 40% GB.25:1 40% LI.3:1 40% HI N/A, not allowed in ADP-O district d. Height. No part of any structure shall penetrate an imaginary inclined plane that begins at the nearest boundary of an SF-7 or less intensive zoning district and extends upward at a ratio of one (1) foot of height to two (2) feet of horizontal distance. e. Security fencing and gate houses. Security fencing and gate houses shall be permitted to SO, GB, and LI districts in the ADP-O. In such instances, security fencing shall be of quality masonry construction. In unusual circumstances other fencing material concealed by landscaping and berms may be considered. Gate houses shall reflect the architecture style UNIFIED DEVELOPMENT CODE PAGE

80 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 and materials of the main building. No gate house, fence or wall will be permitted within any exterior or interior setback yard. For lots or properties less than ten (10) acres in size, security walls or fencing, when permitted, shall be limited to areas to the side or rear of main buildings only. In such cases, no fencing shall be placed between the main building and any property line adjacent to a public roadway. 3. HI, Heavy Industrial District. The HI District classification shall not be applied in combination with the ADP-O District. C. Landscape and Buffer Reduction. The City may allow a reduction in the open space requirements if: 1. The applicant demonstrates that comparable landscaping and buffering is provided as a result of: a. Providing more intensive landscaping which increases the quality of open space (maximum reduction allowed five (5) percentage points); b. Incorporating public art into the development plan (maximum reduction allowed ten (10) percentage points); c. Incorporating into the development plan fountains or plazas for general public use (maximum reduction allowed ten (10) percentage points); d. Providing dedicated easements, access ways, or linear parks for general public use as part of a plan for the public realm that better coordinates Street Types in Section , Open Space Systems in Section , and Frontage Types in Section (maximum allowed twenty (20) percentage points). 2. If the applicant has or will donate or sell land to the City for uses for which the City deems a reduction in open space is appropriate. In no case shall the open space requirement result in a reduction of the setback along Adams Dairy Parkway. Section PR-O, Planned Residential Overly District. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The intent of the Planned Residential Overlay District (PR-O District) is to encourage unique and high quality neighborhood development through an integrated neighborhood plan that provides flexibility to the underlying residential zoning district regulations. The use of the PR-O District can enhance the quality of development and amenities, improve the design of the public realm, increase compatibility between adjacent uses and developments, and reduce negative impacts by using techniques such as: large-scale developments; efficient use of land; innovative and imaginative architectural approaches; design and site planning standards; conservation and preservation of natural resources; urban amenities; and greater open space. The following are specific objectives of the PR-O District: UNIFIED DEVELOPMENT CODE PAGE

81 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE Planned residential developments are groupings of buildings or building sites that are planned as an integrated unit or clustered under unified control or ownership. The sale, subdivision or other partition of the property after zoning approval does not exempt the project or portions thereof from complying with the development standards, architectural quality, sign concepts and other conditions that were established at the time of rezoning. The submission and approval of concept and final plans represents a commitment by the developer that development will follow approved plans in all respects. 2. Planned residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities and more attractive neighborhoods than would be produced using the minimum standards contained in the underlying residential zoning district regulations. 3. Encourage land that is to be annexed into the, where appropriate, be planned: a. To meet the increasing need for residential units in all price ranges; b. To provide amenities that enhance the overall quality of life within the planned development and surrounding community; c. To improve the design quality of residential units within the City; d. To coordinate with the City on capital improvements that are needed to serve new development areas; and e. To implement the Comprehensive Plan or any other master planning documents approved by the City Council. 4. The developer may be given latitude in using innovative techniques in the development of land not otherwise developable with conventional zoning requirements. B. Applicability. The PR-O District regulations may be applied in combination with any base residential zoning district through the planned development process in Chapter 403. The proposed plan may include different regulations or additional development rules and standards for properties within the PR-O District. In case of conflict between the PR-O District regulations of this Section and other regulations in this Title, the PR-O regulations of this Section shall control. Where no special PR-O District regulation is stated, the regulations of the underlying residential zoning district shall control. C. Allowed Uses. In any PR-O District, unless otherwise restricted, any use permitted in the underlying (base) zoning district shall be permitted. The uses permitted in a PR-O District may be voluntarily restricted by the applicant, or restricted as a condition of approval of the concept or final plan by the Planning Commission or City Council. D. Modification of Underlying District Regulations. The PR-O district may modify the underlying district regulations through the Planned Development procedures in Chapter 403, and specifically through a Concept Plan identifying the modifications and the reasons for modifications to base standards. Changes in the allowed uses are not UNIFIED DEVELOPMENT CODE PAGE

82 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 allowed through the PR-O district except that duplexes may be allowed in the SF-7 underlying zoning district through an approved PR-O Concept Plan. E. Planned Residential Development Design Standards. All PR-O districts shall be subject to the Residential Design Standards in Section In addition to any other applicable design standards in Chapter 407, the following standards shall also apply to the PR-O district. 1. Streetscape. All streets in the PR-O district shall be planned and designed according to the Street Types identified in the Public Works Design and Construction Manual and Section Street lighting. Street lighting may be provided within the landscaping area. All poles shall be aluminum or other approved metal. The lighting fixtures should be ornamental or decorative where appropriate and maintained and all costs borne by the HOA or the street lighting utility company. 3. Entry features. Subdivisions shall be designed to include entry features that identify the neighborhood along collector and arterial streets. Nothing shall be erected, placed, or planted, or allowed to grow in such a manner which obstructs the view of the traveling public based on the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) Green Book sight distance standards. Signage may also be located within a median area at the entrance to a subdivision. These features may include special landscape, monument, signage, lighting and other appropriate features. All improvements constructed within the right-of-way shall be maintained by the Home Owners' Association. 4. Home Owners' Association (H.O.A) covenants and restrictions. Each subdivision must adopt covenants and restrictions that, at a minimum, are approved by the City and regulate the following: a. Fencing along public rights-of-way, consistent in materials, heights and design and maintenance of same; b. Location of decks; c. Entry features; d. Maintenance of all common areas and open spaces, and acceptance of costs; e. All trash removal on same day per week; f. Materials; g. Architectural review standards and responsibilities; h. Mowing and general cleanup of open spaces, common land, and detention areas; i. Ability of the City to tax bill or place a lien on the lots of the subdivision to recover its costs to enter and maintain or repair any right-of-way buffer or other improvements including storm water facilities or abating a nuisance on common area, or revoke occupancy permits for failure to maintain common areas such as storm detention which results in a nuisance or lack of functionality of the improvement; UNIFIED DEVELOPMENT CODE PAGE

83 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 j. A no build easement across common area that may not be relinquished or released without written approval by the City Council; an k. A change in the use of common area may not take place without the written consent of the City Council; and l. Prohibits any amendments of dissolution of the HOA without the written consent of the City Council. 5. Residential open space. Every planned residential development containing ten (10) or more dwelling units shall provide open space that meet the type, design and location criteria of Section In addition to the types of open spaces identified in Section , private open spaces such as golf courses or recreation centers with buildings including outdoor recreation spaces may contribute to the Open Space System requirements for the PR-O district. 6. Residential density bonus. If a planned development containing ten (10) or more dwelling units includes an open space system that exceeds the requirements and public benefits identified in Section , and is accessible from public and/or private streets, then the subdivision may be allowed up to ten percent (10%) more dwelling units per acre than the base zoning allows. These bonus dwelling units must be compatible with and integrated into the overall design of the planned development. 7. Landscaping. Each lot shall be landscaped in accordance with the planting unit calculation identified in Section , provided that, no less than forty-five (45) planting units shall be provided. However, at least twenty-four (24) of the planting units shall be deciduous trees that are a minimum of two and one-half (2½) inch calipers in size. The right-of-way buffer shall be provided as described in Section (E) as an easement or separate tract of land and shall be maintained by the H.O.A. All residential open space areas, shall be seeded or sodded and landscaped and the seeding or sodding and landscaping shall be perpetually maintained. Section DDC, Downtown Development Code [Ord. No , ; Ord. No , ] A. Intent. 1. The intent of the Downtown Development Code (DDC) is to support and implement the 2006 Master Plan as amended from time to time for downtown that the has adopted. 2. The DDC is meant to reinforce key concepts and components of the plan, such as: a. Creating a dynamic, mixed-use environment, where walking is the predominant mode of transportation. UNIFIED DEVELOPMENT CODE PAGE

84 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 b. Providing for a range of housing choices in close proximity to each other, including vertical mixed use. c. Creative land development solutions that are not typically found elsewhere in the City. d. Quality public spaces that are usable for a variety of public and semipublic activities. e. Higher standards of design and construction for buildings, public infrastructure and landscaping. f. A high degree of connectivity for pedestrian and vehicular traffic. g. Buildings placed close to the street, so that streets and squares are defined as "outdoor rooms". h. Utilizing all the streets for on-street parking. Parking lots and garages shall not front the street. i. Expediting the development process to make conforming to the plan "easy". B. Exclusions. For the property located within the area of the Downtown Zoning Map, the standards contained in this Section supersede provisions contained within the Blue Springs Unified Development Code. Sections , and shall not be applied within the area covered by the DDC. C. Conceptual Framework and T-Zones. 1. Because of the unique characteristics of downtown Blue Springs, a subclassification of organizing property and uses is established with the DDC. The subclassifications for this ordinance are called "Transect Zones" (T-zones). T-zones differ from conventional zoning districts in that they are inherently mixed use and place more emphasis on design than building use. The different T-zones establish a variety of scales, intensities and characteristics to account for the differing conditions in the plan area. The zones are shown in graphic format in the Downtown Zoning Map. Additional requirements are also shown in the Downtown Zoning Map Overlay. The DDC shall apply to those properties shown on the Downtown Zoning Map. The zoning districts shown below may only be applied to property shown in the corresponding color on the Downtown Zoning Map. 2. T-zone definitions for this Section. a. T3 Sub-Urban. The most natural, least dense, most residential context of a community. b. T4 General Urban. A predominantly residential context, typically the largest zone within a community. It allows for the widest variety of housing choice c. T5 Urban Center. A denser, mixed-use context, typically located near the center of a pedestrian shed or as a corridor along important thoroughfares d. CS Civic Space Zone. Sites reserved for civic buildings and/or civic space The zones may be designated, for example, as a T3 or T-3 zone. UNIFIED DEVELOPMENT CODE PAGE

85 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 D. Performance Standards. The intent of the DDC 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. Specific standards include: 1. Businesses providing drive-up services shall not have a drive-through lane or window that abuts or faces a public street. 2. Outdoor eating areas for bars, taverns or restaurants are allowed on the public sidewalk in zones T4 and T5 where the paved sidewalk is a minimum of ten (10) feet wide and the location is approved by the Director of Public Works. A minimum clear sidewalk width meeting ADA requirements shall be provided and maintained in an unobstructed condition. E. Permitted Uses and Uses Allowed by Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 1. Retail and office uses allowed. a. Animal care, limited b. Bank or financial institution c. Bar or tavern d. Club, private e. College or university f. Convalescent care g. Cultural service h. Day care, limited (1 6) i. Day care, general (7 10) j. Day care, commercial k. Flextech l. Funeral home m. Government service n. Health club o. Hotel or motel p. Library q. Medical service r. Military service s. Office, general t. Parks and recreation u. Post office v. Recreation and entertainment, indoor w. Religious assembly x. Research service y. Restaurant, fast-food z. Restaurant, general aa. Retail sales and service ab. School, elementary, middle or high ac. Studio, television or film UNIFIED DEVELOPMENT CODE PAGE

86 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 ad. Vocational school ae. Festivals of up to five days in duration if located in Zone T4 or Zone T5. 2. Retail and office uses allowed by conditional use. a. Construction sales and service b. Parking lot, commercial c. Recreation and entertainment, outdoor d. Repair service e. Safety service f. Transitional living center g. Warehouse, residential storage h. Printing and publishing i. Transit facility j. Haunted houses if located in Zone T4 or Zone T5. k. Festivals of more than five days in duration if located in Zone T4 or Zone T5. 3. Zone T3. a. Allowed. Single-family houses; accessory units. b. Allowed by conditional use. Live/work units; small civic buildings; flat over flats; paired houses; tandem houses. 4. Zone T4. a. Allowed. Single-family houses; accessory units; paired houses; flat over flats; tandem houses; row houses; apartment buildings; small civic buildings. b. Allowed by conditional use. Mixed-use buildings; live/work units; and haunted houses which are subject to, and must comply with, the conditions contained in Section (DD) which sets forth the special use standards for a haunted house. 5. Zone T5. a. Allowed. Accessory units; row houses; apartment buildings; mixed-use buildings; live/work units; small civic buildings. b. Allowed by conditional use. Small commercial buildings and haunted houses which are subject to, and must comply with, the conditions contained in Section (DD) which sets forth the special use standards for a haunted house. 6. CS. a. Allowed by conditional use. Prominent civic buildings. F. Functional Intensity Standards. The intensity of the uses noted above are governed by T-zone, lot location and parking requirements. 1. Zone T3. a. Residential. Only one (1) accessory unit shall be allowed per main structure. All accessory units shall have a maximum square footage equal to fifty percent (50%) of the main structure's finished area excluding UNIFIED DEVELOPMENT CODE PAGE

87 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 garages and basements. The total building footprint area for all accessory units and accessory structures shall have a maximum square footage equal to fifty percent (50%) of the main structure's finished area excluding attached garages and basements. 2. Zone T4. a. Lodging. The number of bedrooms permitted on each lot for lodging is limited by the parking requirement of Section (H)(2), up to twelve (12) bedrooms, in addition to the parking requirement of the dwelling. b. Office. The building area available for office use on each lot is restricted to the first (1st) story of the principal or the second (2nd) story of the ancillary building and by the parking requirement of Section (H)(2), in addition to the parking requirement of the dwelling. c. Retail. The building area available for retail use is restricted to one (1) block corner location at the first (1st) story and by the parking requirement of Section (H)(2), in addition to the parking requirement of the dwelling. d. Residential. Only one (1) accessory unit shall be allowed per main structure. All accessory units shall have a maximum square footage equal to fifty percent (50%) of the main structure's finished area excluding garages and basements. The total building footprint area for all accessory units and accessory structures shall have a maximum square footage equal to fifty percent (50%) of the main structure's finished area excluding attached garages and basements. 3. Zone T5. a. Lodging. The number of bedrooms permitted on each lot for lodging is limited by the parking requirement of Section (H)(3). b. Office. The building area available for office use on each lot is restricted by the parking requirement of Section (H)(3). c. Retail. The building area available for retail use is restricted by the parking requirement of Section (H)(3). d. Residential. Only one (1) accessory unit shall be allowed per main structure. All accessory units shall have a maximum square footage equal to fifty percent (50%) of the main structure's finished space excluding garages and basements. 4. Zone CS. a. Lodging. Not allowed. b. Office. Not allowed. c. Residential. Not allowed. d. Civic. No restrictions. G. Height and Area Standards. All buildings and structures shall incorporate the following minimum standards: 1. Height of the primary building on a lot. a. Zone T-3. Not more than two and one half (2½) stories. UNIFIED DEVELOPMENT CODE PAGE

88 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 b. Zone T-4. Not more than three (3) and not less than two (2) stories. Mixed-use buildings and live/work buildings shall have a sidewalk-level floor to ceiling height of fifteen (15) feet minimum. Upper levels in mixeduse buildings and live/work buildings shall have floor to ceiling heights of minimum ten (10) feet. c. Zone T-5. Not more than five (5) and not less than two (2) stories. Mixeduse buildings, live/work buildings and small commercial buildings shall have a sidewalk-level floor to ceiling height of fifteen (15) feet minimum. Upper levels in mixed-use buildings and live/work buildings shall have floor to ceiling heights of minimum ten (10) feet. d. Zone CS. No height limitation. 2. Setbacks from property lines. Setbacks vary by T-zone and frontage type and are measured from the public right-of-way. Frontage types are illustrated in the definitions. a. Front yard. (1) Zone T3. (a) Common lawn. Not less than ten (10) feet and not more than twenty (20) feet to the building wall. This frontage is limited to no more than fifty percent (50%) of any given block's total frontage. (b) Front yard. Not less than ten (10) feet and not more than twenty-five (25) feet to the building wall. (2) Zone T4. (a) (b) (c) (d) (e) Common lawn. Not less than zero (0) feet and not more than ten (10) feet to the building wall. This frontage is limited to no more than fifty percent (50%) of any given block's total frontage. Front yard. Not less than zero (0) feet and not more than fifteen (15) feet to the building wall. Dooryard. Not less than eight (8) and not more than twenty (20) feet to the building wall. A courtyard wall may extend to the public right-of-way. Terrace/light court. Not less than eight (8) and not more than twenty (20) feet to the building wall. A courtyard wall may extend to the public right-of-way. Forecourt. Not less than ten (10) feet and not more than thirty-five (35) feet to the courtyard facade of the building. The foreground facade of the building is to have a setback of not less than zero (0) feet and not more than ten (10) feet. (f) Doorway. Not more than zero (0) feet. (3) Zone T5. (a) Common lawn. Not less than zero (0) feet and not more than ten (10) feet to the building wall. This frontage is limited to no more than fifty percent (50%) of any given block's total frontage. UNIFIED DEVELOPMENT CODE PAGE

89 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 (b) Dooryard. Not less than eight (8) and not more than twenty (20) feet to the building wall. A courtyard wall may extend to the public right-of-way. This frontage is limited to no more than fifteen percent (15%) of any given block's total frontage. (c) Front yard. Not less than zero (0) feet and not more than fifteen (15) feet to the building wall. (d) Terrace/light court. Not less than eight (8) and not more than twenty (20) feet to the building wall. A courtyard wall may extend to the public right-of-way. (e) Forecourt. Not less than ten (10) feet and not more than thirty-five (35) feet to the courtyard facade of the building. The foreground facade of the building is to have a setback of not less than zero (0) feet and not more than ten (10) feet. (f) Doorway. Not more than zero (0) feet. (g) Storefront. Not more than zero (0) feet. (h) Gallery. Not more than zero (0) feet. (i) Arcade. Not more than zero (0) feet. (4) Zone CS. No setback limitation. b. Side yard, interior. (1) Zone T3. Not less than five (5) feet to the building wall. (2) Zone T4. Not less than zero (0) and not more than ten (10) feet to the building wall. (3) Zone T5. Not less than zero (0) and not more than ten (10) feet to the building wall. (4) Zone CS. No setback limitation or by special review. c. Side yard, corner. (1) Zone T3. Not less than five (5) feet to the building wall or to match that of the existing side street. (2) Zone T4. Not less than zero (0) and not more than ten (10) feet to the building wall or to match that of the existing side street. (3) Zone T5. Not less than zero (0) and not more than ten (10) feet to the building wall or to match that of the existing side street (4) Zone CS. No setback limitation. d. Rear yard. (1) Zone T3. Not less than five (5) feet to the building wall. (2) Zone T4. Not less than five (5) feet to the building wall. (3) Zone T5. Not less than five (5) feet to the building wall. (4) Zone CS. No setback limitation. e. Rear yard with alley. Applicable to all zones: not less than zero (0) feet. f. For parking and other paved areas. Not less than twenty-five (25) feet from any public right-of-way and not less than six (6) feet from any property line. 3. Lot size and area. a. Lot size. Lot sizes vary by T-zone. (1) Zone T3. Minimum twenty-five (25) feet lot width. UNIFIED DEVELOPMENT CODE PAGE

90 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 (2) Zone T4. Minimum sixteen (16) feet lot width for attached housing, twenty-five (25) feet width for detached housing. (3) Zone T5. No minimum lot size. Frontages are limited to no greater than sixty (60) feet in width. (4) Zone CS. No lot size regulation. b. Minimum floor area. The DDC District has no minimum floor area requirements. H. Parking Standards. Parking standards vary by T-zone. Office and retail space may utilize the on-street parking adjacent to the lot frontage as part of the parking requirement. Parking lots and garages shall not front to the street. 1. Zone T3. Two (2) off-street parking spaces shall be provided for each dwelling unit. One (1) off-street parking space shall be provided for each lodging bedroom. Two (2) parking spaces per one thousand (1,000) square feet of office space shall be required. Two (2) spaces per one thousand (1,000) square feet of retail space shall be required. 2. Zone T4. One (1) off-street parking space shall be provided for each dwelling unit. One (1) off-street parking space shall be provided for each lodging bedroom. Two (2) parking spaces per one thousand (1,000) square feet of office space shall be required. Two (2) spaces per one thousand (1,000) square feet of retail space shall be required. 3. Zone T5. One (1) off-street parking space shall be provided for each dwelling unit. One (1) off-street parking space shall be provided for each lodging bedroom. Two (2) parking spaces per one thousand (1,000) square feet of office space shall be required. Two (2) spaces per one thousand (1,000) square feet of retail space shall be required. 4. Zone CS. No parking regulation. 5. Shared parking standard. The parking requirement may be further reduced by the following factors, when sharing uses on a particular lot. 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 0.9. I. Signs. Sign regulations are governed by Chapter 501 of the Municipal Code. UNIFIED DEVELOPMENT CODE PAGE

91 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 J.. K.. Roadway Standards. 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 roadway types and small curb radii at intersections. A variety of roadway types are encouraged, and block perimeters should be small. Specific Roadway Standards are noted in Appendix A: DDC Roadway Design Criteria. Editor's Note Appendix A, DDC Roadway Design Criteria is included as an attachment to this chapter. Landscaping and Screening. 1. A reasonable amount of landscaping is required with emphasis on softening the visual impact of parking areas and enhancing the overall appearance. Allowed species of trees may be placed in the public right-of-way at the discretion of the Director of Public Works. Specific street tree standards are noted in Appendix B: DDC Landscape Design Criteria. Editor's Note Appendix B, DDC Landscape Design Criteria is included as an attachment to this chapter. 2. Each frontage type has front yard planting requirements. Front yard plantings are a deciduous or evergreen shrub or tree planted between the frontage line and the facade of a building. Specific front yard planting standards are noted in Appendix B: DDC Landscape Design Criteria. L. Building Materials. High quality masonry building materials approved for this district are stone, brick, cast stone and stucco. Synthetic stone, such as pre-manufactured 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 fifty percent (50%) of the sum total of all building facades, except single-family houses which shall have ten percent (10%) of the sum total of all facades. All accessory units and garages shall be constructed from the same materials as the main structure. Stucco in the DDC 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 seventyfive percent (75%) excluding trim unless otherwise approved by the Downtown Review Board. Exterior Insulation and Finish Systems (EIFS) or pre-manufactured panels are not permitted. These provisions are intended to ensure a longer-lasting, sustainable appeal of the downtown. M. Planned Zoning. This is a planned zoning district. Structures within the district are subject to approval of the Downtown Review Board (DRB) before the structure can proceed to the building permit review process. City staff and the DRB shall work expeditiously to ensure that construction will proceed in a timely manner. The DRB shall meet on an as-needed basis, based upon the submission of applications. Determination by the DRB shall be within fourteen (14) days after the initial review by the DRB. 1. Procedures. UNIFIED DEVELOPMENT CODE PAGE

92 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 a. Process for allowed standards. Projects that meet the allowed standards established in this Section shall utilize an expedited approval process as outlined in the following steps: (1) A completed application is submitted to Department of Community Development. (2) Application is reviewed by the DRB. (a) If application meets the allowed standards according to the DRB's review, then the application is approved and (b) proceeds to the building permit (Chapter 500) stage. If the application does not meet the allowed standards according to the DRB's review, then the application must be revised per the DRB's comments. (3) The applicant is allowed seven (7) days to revise its application. (4) The DRB shall review the completed revised application within seven (7) to verify that it meets the allowed standards. (a) (b) If the application meets the standards, then it is approved according to paragraph (2)(a). If the application still does not meet the standards, then process set out in paragraphs (3) and (4) of this Subsection shall be followed until is the submission is approved or it shall be deemed denied. b. Process for allowed by conditional use. Projects that utilize the allowed by conditional use standards shall utilize the following approval process: (1) A complete application is submitted to the Department of Community Development. (2) Application is reviewed by the DRB. The DRB shall have up to fourteen (14) days to issue a recommendation. (3) Further review shall be made pursuant to Section c. Process for projects requiring rezoning. Projects that require a rezoning shall utilize the following approval process (A rezoning must be to another zone regulated by the Downtown Development Code): (1) A complete application is submitted to the Department of Community Development. (2) Application is reviewed by the DRB. The DRB shall have up to fourteen (14) days to issue a recommendation. (3) Further review shall be made pursuant to Section (4) If the required zoning is obtained, further review shall be pursuant to paragraphs (a) or (b) above. d. Process for projects requiring a variance. Projects requiring a variance shall utilize the following approval process: (1) A complete application is submitted to the Department of Community Development. (2) Application is reviewed by the DRB. The DRB shall have up to fourteen (14) days to issue a recommendation. (3) Further review shall be made pursuant to Section (4) If the required variance is obtained, further review shall be pursuant to paragraphs (a) or (b) above. UNIFIED DEVELOPMENT CODE PAGE

93 ZONING DISTRICT REGULATIONS DDC, DOWNTOWN DEVELOPMENT CODE 404 e. Historic Overlay District (H-O) review. Projects within the Historic Overlay (H-O) zoning district shall apply to the City pursuant to Sections and for review prior to review by the DRB in conjunction with any of the processes noted in paragraphs (a), (b), (c) and (d) above. UNIFIED DEVELOPMENT CODE PAGE

94 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 Chapter 405. Building and Use Regulations Section Permitted Building Types (Building Type Tables) Section Residential Building Type Standards Section Non-Residential Building Type Standards Section Permitted Uses (Use Table) Section Special Use Standards Section Accessory Uses Section Temporary Uses Section Non-Conformities All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City s Website. Section Permitted Building Types (Building Type Tables). A. Intent. This section provides standards for a variety of building types. Building types address the scale, siting, and primary intended use of a building. The standards for different building types establish the relationship of buildings to the public realm, and the compatibility of types on a block or street. In combination with use standards, building type standards reinforce the character of different zoning districts. B. Description of Residential Building Types. Table : Residential Building Type Descriptions UNIFIED DEVELOPMENT CODE PAGE 405-1

95 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 A building designed to accommodate one primary dwelling unit on its own lot. Variations of this type based on scale and lot size include Estate, Large-Lot, Neighborhood Lot, Small Lot and Compact Lot. Detached House - Estate Detached House Large Lot Detached House Detached House Neighborhood Lot Detached House Small Lot Detached House Compact Lot UNIFIED DEVELOPMENT CODE PAGE 405-2

96 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 Duplex A building designed to accommodate two primary dwelling units that share a common wall or floor/ceiling. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions. Variations of this type based on scale and lot size include Standard Lot and Neighborhood Lot. Other variations applicable to the Downtown Development code relate to configurations of the units and include Flat over Flat, Paired House and Tandem House Duplex Standard Duplex - Neighborhood Rowhouse A building type designed to accommodate 3 to 7 dwelling units where each unit is separated by a common side wall and each has its own private entrance. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall subject to platting restrictions. UNIFIED DEVELOPMENT CODE PAGE 405-3

97 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 A building designed to accommodate multiple dwelling units accessed by a common lobby or halls, but each sharing a common entrance at the building frontage. Variations of this type based on scale and siting include: Walkup a small footprint /small-lot building, two to four stories, designed for 3 to 12 dwelling units. Low-rise - a moderate footprint /moderate-lot building, two to four stories, designed for 6 to 24 dwelling units. Mid-rise a large footprint / large-lot building, three to five stories with larger variations in special circumstances, designed for 24 to 120 units. Apartment Walkup Apartment Apartment Low-rise Apartment Mid-rise Apartment Complex A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways and common open space. Variations are based on the density of dwelling units per parcel or lot area. UNIFIED DEVELOPMENT CODE PAGE 405-4

98 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 Accessory Dwelling (Building) A building designed to accommodate a secondary and subordinate dwelling unit on the same lot as a primary dwelling unit. While some accessory dwellings may be in the principle building of a Detached House, a common variant is in a detached accessory building, subject to all of the lot and design standards of the district. Live / Work A building designed for a primary dwelling unit but has a secondary component typically at the building frontage designed for a commercial and occupational function of the resident. Live/work buildings may be on an individual lot (most similar to a small Mixed-Use Building) or attached by a common wall with other Live/Work Buildings (most similar to a Rowhouse.) Small Civic Building A building designed for a small civic, institutional or public use, with the building design and site design creating compatibility with the residential scale and neighborhood character of the area. C. Permitted Buildings - Residential Zoning Districts. The permitted building types in each residential zoning district are indicated in the following table. Table : Residential District Permitted Building Types RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O Detached House - Estate Detached House Large Lot Detached House Neighborhood Lot Detached House Small Lot Detached Lot Compact Lot Duplex Standard Lot Duplex Neighborhood Lot Rowhouse Apartment Walkup Apartment Low-rise Apartment Mid-rise Apartment - Complex UNIFIED DEVELOPMENT CODE PAGE 405-5

99 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 Accessory Dwelling Unit Live / Work Small Civic Building = Permitted = Limited to specific location criteria in the Zoning District Standards, or discretionary through planned development applications. D. Description of Non-Residential Building Types. Table : Non-Residential Building Type Descriptions See Residential Building Types. Live / Work See Residential Building Types Small Civic Building Small Commercial A building designed to accommodate a small retail, commercial, service or office function, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context. UNIFIED DEVELOPMENT CODE PAGE 405-6

100 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 Mixed Use Pad Site General Commercial A building designed to accommodate ground floor retail or commercial use with frequent pedestrian interaction, and upper level residential, office or commercial uses that support the overall vitality of retail on the site or in the district. This building is typically 2 to 4 stories. Variations may include a smallfootprint small-lot building designed for the potential of a common party wall or with very small setbacks, or buildings designed at the scale of a half-block with multiple tenancies and entrances particularly at street level (occupying the entire street frontage along a single block face). A free standing building similar to a Small Commercial Building, but on a larger lot that includes more space for frontage designs, landscape and buffers, and access and circulations. While Pad Site Buildings are free standing, better planning and site design can allow a series of these buildings to create improved relationships with major streetscapes and also become screens or liner buildings for larger General Commercial Buildings which are set back from the public realm. A basic building type designed to accommodate retail, commercial, service or office functions in a variety of formats and scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use. Small Industrial / Workshop A building designed to accommodate a small light industrial, craft manufacturing or similar commercial use, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context. UNIFIED DEVELOPMENT CODE PAGE 405-7

101 BUILDING AND USE REGULATIONS PERMITTED BUILDING TYPES 405 General Industrial A building designed to accommodate light industrial or general industrial functions at a variety of scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use. Prominent Civic Building A building designed for a significant civic, institutional or public use, with the building design and site design creating a focal point for surrounding area. E. Permitted Building Types - Non-residential Zoning Districts. The permitted building types in each non-residential zoning district are indicated in the following table. Table : Non-residential District Permitted Building Types NB SO GB RC LI HI PLOS Live / Work Small Commercial Mixed-use General Commercial Pad Site Small Industrial / Workshop General Industrial Small Civic Prominent Civic = Permitted = Limited to specific location criteria in Zoning District Standards, or discretionary through planned development applications. UNIFIED DEVELOPMENT CODE PAGE 405-8

102 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Section Residential Building Type Standards. The following standards apply to residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407. Detached House Estate Lot Lot Size Setbacks Height Frontage Type Frontage width 150 min. Area 1 acre min.; 3 acre for any permitted non-residential use Front 50 min. Side 25 min. Corner side 50 min. Rear 25 min. 35 max. Yard & Setback Design & Performance Standards Building coverage = 25% of lot area max. Detached House Large Lot Lot Size Setbacks Height Frontage Type Frontage width Area 12,000 s.f. to 1 acre Front 30 min. Side 15 min. Corner side 30 min. Rear 30 min. 35 max Yard & Setback Design & Performance Standards Building coverage = 35% of lot area max. Detached House Neighborhood Lot Lot Size Setbacks Height Frontage Type Frontage width Area 7,200 s.f. 12,000 s.f. Front 25 min. Side 8 min. Corner side 25 min. Rear 15 min. 35 max. Yard & Setback; Terrace Design & Performance Standards Building coverage = 40% of lot area max. UNIFIED DEVELOPMENT CODE PAGE 405-9

103 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Detached House Small Lot Lot Size Setbacks Height Frontage Type Frontage width Area Front Side Corner side Rear Design & Performance Standards 4,500 s.f. 7,200 s.f ; up to 15 on blocks fronting Neighborhood Street Types with Terrace Frontages. 5 min. 12 min. 25 min., except 4 for alley-loaded detached garages. 35 max Yard & Setback; Terrace; Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type. Detached House Compact Lot Lot Size Setbacks Height Frontage Type Frontage width Area Front Side Corner side Rear Design & Performance Standards 3,000 s.f. 4,500 s.f ; up to 15 on blocks fronting Neighborhood Street Types with Terrace or Courtyard Frontages. 3 min. 12 min. 25 min., except 4 for alley-loaded detached garages 35 max Yard & Setback; Terrace; Courtyard Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type.. Compact Lot Houses may be arranged on a courtyard pattern with up to 8 units on a lot, provided the lot size shall be at least.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only. Duplex Standard Lot Lot Size Setbacks Height Frontage Type Frontage width Area Front Side Corner side Rear Design & Performance Standards 9,000 s.f. min. 50 min. on collector streets; 20 minimum all other streets 20 min. 20 min. 20 min., except 4 min. for alley-loaded detached garages 40 max., up to 3 stories Yard & Setback; Terrace Building coverage = 60% of lot area max. Front-loaded and side-loaded garages shall be setback at least 50 from collector streets and 20 from all other streets. UNIFIED DEVELOPMENT CODE PAGE

104 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Duplex Neighborhood Lot Lot Size Setbacks Frontage width Area Front Side Corner side Rear Height 35 Frontage Type Design & Performance Standards 7,200 s.f. to 9,000 s.f ; up to 15 on blocks fronting Neighborhood Street Types with Terrace or Courtyard Frontages. 8 min. 20 min. 20 min., except 4 min. for alley-loaded detached garages Yard & Setback; Terrace; Courtyard Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type. Duplexes Neighborhood Lot may be arranged on a courtyard pattern with up to 6 buildings (or 12 units) on a lot, provided the lot size shall be at least.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only. Rowhouse Lot Size Setbacks Height Frontage Type Frontage width Area Front 8 20 Side Corner side Rear Design & Performance Standards 1,600 s.f. to 2,500 s.f. 5 min.; 0 where party wall used 12 min. 20 min., except 4 min. for alley-loaded garages 40 max., up to 3 stories Terrace; Courtyard Building coverage = 80% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type.. No more than 8 lots/units may be attached without a minimum 20 separation between adjacent buildings Rowhouses may be arranged on a courtyard pattern with up to 4 buildings units or 16 units on a lot, provided the lot size shall be at least.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only. Apartment Walk-up Lot Size Setbacks Height Frontage Type Frontage width Area 4,500 s.f. 7,200 s.f. Front 8-20 Side 5 min. Corner side 12 min. Rear 20 min., except 4 for alley-loaded detached garages. 40 max., up to 3 stories; except 4 stories may be approved by a conditional use process. Terrace; Courtyard UNIFIED DEVELOPMENT CODE PAGE

105 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Design & Performance Standards Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type. Buildings may include 3 to 12 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood. Walk-up Apartments may be arranged on a courtyard pattern with up to 6 buildings units or 36 units (whichever is less) on a lot, provided the lot size shall be at least.75 times the lot size required for each building, and all setbacks shall be met on the external lot only. Apartment Low-rise Frontage width Lot Size Area 7,200 s.f. to.5 acre Setbacks Height Frontage Type Front 8-20 Side Corner side Rear Design & Performance Standards 10 min. 20 min., except 8 if street-facing façade designed to front façade standards 20 min., except 4 for alley-loaded detached garages. 40 max., up to 3 stories; except 4 stories may be approved by a conditional use process. Terrace; Courtyard; Frontage Plaza Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type. Buildings may include 6 to 24 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood. Apartment Mid-rise Frontage width Lot Size Area Front Side Setbacks Corner side Rear Height Frontage Type Design & Performance Standards 150 min..5 acre 2 acres 20 min. 20 min. 20 min. 20 min.,. 60 max., 3 to 5 stories; except up to 10 stories may be approved by a conditional use process. Terrace; Courtyard; Frontage Plaza Building coverage = 70% of lot area max. Residential Design Standards in Section shall apply to all applications of this building type. Buildings may include 24 to 120 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood. UNIFIED DEVELOPMENT CODE PAGE

106 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Apartment Complex Frontage width Lot Size Area Front Side Setbacks Corner side Rear Height Frontage Type Design & Performance Standards n/a MF 10 = 4,000 s.f. min. per ground floor dwelling unit MF 14 = 3,000 s.f. min. per ground floor dwelling unit MF 18 = 2,400 s.f. min. per ground floor dwelling unit 50 min. on collector streets; 20 minimum all other streets 10 min.; except 20% of lot width in the MF-10 district. 10 min.; except 20% of lot width in the MF-10 district. 20 min., except 4 min. for alley-loaded detached garages 45 max., up to 3 stories, except up to 65 and 5 stories in the MF-18 district. Buffer Edge; Building coverage = 60% of lot area max. Front-loaded and side-loaded garages shall be setback at least 50 from collector streets and 20 from all other streets. 8 units per floor max MF-10 = 10 units per acre max.; MF-14 = 14 units per acre max. MF-18 = 18 units per acre max. Minimum separation of at least 20 feet from all buildings. Minimum 40% developed as open space; and a minimum 10% developed as active open space. Accessory Dwelling Unit Lot Size Setbacks Height Building separation Frontage width Area Front Side Rear Side or rear, street facing Design & Performance Standards Accessory dwelling units are only allowed in association with the Detached House building types, and accessory dwelling units in an accessory structure are subject to these standards as well as standards noted in Section A.12. A minimum of 5 feet behind the rear building line of the primary building unless attached to, and located with a detached garage in which case a minimum of 10-feet behind the front building line. 5 min.; except on estate lots then subject to the primary building standards. 5 min.; except on Estate lots then subject to the primary building standards 20 min.; except on estate lots then subject to the primary building standards. 18 up to 1.5 stories; except never more than the primary building. Detached accessory dwelling units shall not be located closer than 5 to any other building. Accessory building shall be designed to include the same materials, architectural design, massing and design details as the primary building. The building footprint shall not exceed 50% of the primary building footprint, to a maximum of 700 s.f., and shall count toward the overall building coverage of the lot. The total square footage of the dwelling unit shall not exceed 50% of the primary building square footage, to a maximum of 1,200 s.f. UNIFIED DEVELOPMENT CODE PAGE

107 BUILDING AND USE REGULATIONS RESIDENTIAL BUILDING TYPE STANDARDS 405 Live / Work Building Lot Size Setbacks Height Frontage Type Frontage width 25 to 60 Area Front Side Corner side Rear Design & Performance Standards 2,000 s.f when fronting on a designated Activity Street or in the NB district generally; in all other cases 5 min.; 0 where party wall used 5 15 ; except 0 when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. 10 min., except 0 min. for alley-loaded lots ; up to 2 stories Terrace; Courtyard; Frontage Plaza; Enhanced Streetscape Frontage 75% minimum front building line Transparency = 40% to 80% at street level; 15% to 40% on upper levels Primary Entrance Feature = 1 per building frontage. Building coverage = 70% max. Parking for live/work buildings in residential neighborhoods shall be limited to no more than 4 spaces per site and/or on-street parking; any on-site parking shall be setback at least 30 from the lot frontage and at least 10 from side or rear property lines. Section Non-Residential Building Type Standards. The following standards apply to non-residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407. Small Commercial Building Lot Size Setbacks Height Frontage Type Frontage width Area Front Side Corner side Rear 2,000 s.f. 10,000 s.f when fronting on a designated Activity Street or in the NB district generally; 0 45 in all other cases 5 min.; 0 where party wall used 5 15 ; except 0 when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. 10 min., except 0 min. for alley-loaded lots ; up to 2 stories Terrace; Frontage Plaza; Enhanced Streetscape Frontage UNIFIED DEVELOPMENT CODE PAGE

108 BUILDING AND USE REGULATIONS COMMERCIAL BUILDING TYPE STANDARDS 405 Design & Performance Standards 60% minimum front building line; 75% on Activity Streets Transparency = 50% to 80% at street level; 30% to 50% on upper story Primary Entrance Feature = 1 per building frontage No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation Building coverage = 90% max. No surface parking shall be located in front of the front building line; any parking to the side shall be limited to no more than 30% of the lot frontage and screened at the front building line; all other parking shall be located behind the building or otherwise setback from the street at least 30 (Note: parking for small commercial buildings shall use the following priority: (1) on-street parking; (2) shared off-site or public parking areas; (3) parking to the rear and access off an alley or side street; (4) side parking areas. Non-Residential Design Standards in Section shall apply to all applications of this building type. Mixed Use Building Lot Size Setbacks Height Frontage Type Frontage width Area Front 0 to 10 Side Corner side Rear Design & Performance Standards , except an entire block frontage may be a single lot. 2,000 s.f. 20,000 s.f., except that an entire block frontage may be a single lot 5 min.; 0 where party wall used 5 15 ; except 0 when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. 10 min., except 0 min. for alley-loaded lots ; 2 to 3 stories Enhanced Street Front; Plaza Frontage; Courtyard; Terrace 70% minimum front building line; 90% on Activity Streets Transparency = 50% to 80% at street level; 30% to 50% on upper story Primary Entrance Feature = 1 per 75 of building frontage; 1 per 50 on Activity Streets No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation Building coverage = 90% max. Parking shall be designed so as to minimize the visual appearance of the parking area to the public right-of-way and shall meet the minimum standards of Section except that shared parking for a mixed use development can occur for complementary uses such as parking for a use that has a peak parking demand during the daytime hours may share their spaces with a use that has a peak parking demand in evening hours, and these spaces can be counted towards the total parking requirement for each use separately. Non-Residential Design Standards in Section shall apply to all applications of this building type. General Commercial Building Lot Size Setbacks Frontage width 75 to 200 Area Front Side n/a 0 10 when fronting on a designated Activity Street In all other cases: 20 in NB district; 25 in SO and GB districts 0 if party wall is used UNIFIED DEVELOPMENT CODE PAGE

109 BUILDING AND USE REGULATIONS COMMERCIAL BUILDING TYPE STANDARDS 405 Corner side Rear Height Frontage Type Design & Performance Standards In all other cases: 10 in NB and SO district; 20 min. in GB and RC districts 0 10 on Activity Streets when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. In all other cases: min., except 0 min. for alley-loaded lots 45 max. in NB district; 60 max. in SO, GB, and SO districts. Buffer Edge; on Activity Streets, one of the other eligible Frontage Types is required. Building coverage = 65% max Non-Residential Design Standards in Section shall apply to all applications of this building type. Pad Site Building Lot Size Setbacks Height Frontage Type Frontage width 75 to 200 Area Front Side Corner side Rear Design & Performance Standards Minimum 7,500 sq. ft On Activity Streets or when fronting on any part of the Civic Open Space System in all other cases. 10 min ; except 0 10 when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. 20 min., except 0 min. for alley-loaded lots 15 to 30.; up to 2 stories Terrace; Frontage Plaza; or Enhanced Streetscape Frontage Buffer Edge limited to Standard Streets 40% minimum front building line; 60% minimum on Activity Streets Transparency = 50% to 80% at street level; 30% to 50% on upper story Primary Entrance Feature = 1 per building frontage on Activity Streets; side entrances may be permitted on other street types provided there is a direct pedestrian connection to the entrance from the street frontage. Building coverage = 65% of lot area max. Parking shall be behind the front building line. Non-Residential Design Standards in Section shall apply to all applications of this building type. Small Industrial / Workshop Lot Size Setbacks Height Frontage width Area Front Side Corner side Rear 2,000 s.f. 10,000 s.f when fronting on a designated Activity Street or in the NB district generally; 0 45 in all other cases 10 min.; 0 where party wall used 5 15 ; except 0 when the first 30 of building frontage on the side street is designed to meet the standards of the front façade. 10 min., except 0 min. for alley-loaded lots ; up to 2 stories UNIFIED DEVELOPMENT CODE PAGE

110 BUILDING AND USE REGULATIONS COMMERCIAL BUILDING TYPE STANDARDS 405 Frontage Type Design & Performance Standards Terrace; Frontage Plaza; Enhanced Streetscape Frontage 50% minimum front building line; 70% on Activity Streets Primary Entrance Feature = 1 per building frontage; at least 15 on each side of the entrance shall have an enhanced façade design with 50% to 80% transparency and architectural ornamentation. Building coverage = 70% of lot area max. Parking shall be limited to no more than 12 spaces per site and/or on-street parking; any on-site parking shall be setback at least 15 from the lot frontage and at least 5 from side or rear property lines. Non-Residential Design Standards in Section shall apply to all applications of this building type. General Industrial Building Lot Size Setbacks Height Frontage Type Frontage width 75 min Area n/a Front 40 min. Side 20 min. Corner side 40 min. Rear 20 min. 45 max. in LI district; 60 max. in HI district Buffer Edge Building coverage = 85% of lot area max. Design & Performance Standards Small Civic Building Lot Size Setbacks Height Frontage Type Frontage width in RE, SF-12, SF-7 districts in all other districts Area 5,000 s.f. to 1 acre in RE, SF-12, SF-7 districts 5,000 s.f. to 2.5 acres in all other districts Front Side Corner side Rear Design & Performance Standards 25 min. 25 min., 25 min. 30 up to 2 stories; 60 up to 4 stories with a conditional use review or through planned development application. Yard & Setback; Terrace Building coverage = 50% of lot area max No parking shall be located within 25 of a street frontage or 10 of a side or rear property line. Non-Residential Design Standards in Section shall apply to all applications of this building type. Prominent Civic Building Lot Size Frontage width 150 min. UNIFIED DEVELOPMENT CODE PAGE

111 BUILDING AND USE REGULATIONS COMMERCIAL BUILDING TYPE STANDARDS 405 Setbacks Height Frontage Type Area 2.5 to 5 acres; larger lot sizes permitted only as part of a campus plan through the planned development process that considers internal access and circulation with surrounding areas. Front Side Corner side Rear Design & Performance Standards 25 min. 25 min., 25 min. 52 up to 4 stories; up to 75 may be permitted with a conditional use review or through planned development application. Yard & Setback; Terrace Building coverage = 50% of lot area max No parking shall be located within 25 of a street frontage or 10 of a side or rear property line. Non-Residential Design Standards in Section shall apply to all applications of this building type. Section Permitted Uses (Use Table). Note The Use Table is included as an attachment to the end of this chapter. Section Special Use Standards. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , 14 17, ; Ord. No , ; Ord. No , ; Ord. No , ] The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. A. Agriculture, General. General agriculture uses shall require a minimum site area of three (3) acres. B. Adult Entertainment Establishment. 1. Separation from other uses. No adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any RE, SF, TF or MF-zoned lot or within one thousand two hundred (1,200) feet of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned RE, SF, TF or MF or that contains the religious assembly, school or park and recreation use. 2. Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within one UNIFIED DEVELOPMENT CODE PAGE

112 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 thousand (1,000) feet of any other adult entertainment use or within one thousand (1,000) feet of any bar or tavern. 3. Frontage and access. Adult entertainment establishments shall have at least one hundred (100) feet of street frontage on an arterial street. All vehicle access shall be taken from an arterial street. 4. Screening. The lot on which the use is located shall be screened by solid masonry wall, at least six (6) feet in height along all interior lot lines. A wall shall not be required in those areas where complete visual screening already exists. 5. Building and parking area setbacks. The minimum exterior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be twenty (20) feet. The minimum interior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be ten (10) feet. 6. Windows and doors. The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment. 7. Signs. Adult entertainment establishments shall be limited to one (1) wallmounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted. 8. Site plans. Adult entertainment establishments shall be subject to Site Plan and Design Review, pursuant to Section C. Animal Care, General and Kennels. All outdoor animal runs shall be located at least seventy-five (75) feet from lot lines abutting SF-7 or less intensive zoning districts. Kennels shall require a minimum lot size of three (3) acres. D. Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums. 1. Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion. 2. Landscape buffer. A landscape buffer shall be provided along all property lines abutting any SF-7 or less intensive district. Such buffers shall meet the standards of Section E. Communication Towers. Communication towers shall be subject to the following standards. 1. Principal use. Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use. 2. Setbacks. UNIFIED DEVELOPMENT CODE PAGE

113 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 a. The minimum setback between communication towers and all property lines shall be equal to twenty percent (20%) of the height of the tower. b. Communication towers shall be set back a minimum of fifty (50) feet from any existing or planned right-of-way. c. Communication towers shall be set back a minimum of one hundred (100) feet from the lot line of any MF-18 or less intensive zoning district. d. Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any lot line and no closer than ten (10) feet from the lot line of an MF-18 or less intensive zoning district. 3. Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply. 4. Security fences and walls. A fence or wall not less than seven (7) feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards. a. Access to the tower shall be through a locked gate in the required fence or wall. b. If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one (1) tree and one (1) shrub shall be required for each thirty (30) linear feet of fence line. c. If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE DANGER". 5. Airport approach paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA). 6. Removal of obsolete towers. All obsolete or unused communication towers shall be removed within twelve (12) months of cessation of use. 7. Electromagnetic radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER). F. Compost Facility. The following standards shall apply to all compost facilities. 1. Landscape buffer. Compost facilities shall be subject to the landscape buffer standards of Section , provided that the decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility. 2. Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The UNIFIED DEVELOPMENT CODE PAGE

114 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 Director of Public Works, Director of Community Development, Planning Commission, or City Council may require a traffic report to be submitted with the Conditional Use Permit application. 3. Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site. 4. Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from the lot line of SF-7 or less intensive property. 5. Hours of operation. Uses shall not operate before sunrise or after sunset. When located within one thousand (1,000) feet of SF-7 or less intensive zoning the use shall not operate after 7:00 P.M. or before 8:00 A.M. 6. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface. A dust suppression plan shall be submitted to minimize neighboring impacts during construction operations. 7. Stormwater management. A stormwater management plan meeting the requirements of Section 5600 of the Design and Construction Manual may be required at the discretion of the Director of Public Works. 8. Litter control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition, in accordance with Article II of Chapter 245 of the City Code. 9. Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides. 10. Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material. 11. Other regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources or other agencies with applicable rules or regulations and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features. G. Convalescent Care. At least seventy (70) square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas. H. Day Care (Limited, General and Commercial). 1. Day care, limited (1-4). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section (D). An Occupational License shall be required prior to the establishment of a limited day care. 2. Day care, general (5-10). General day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. UNIFIED DEVELOPMENT CODE PAGE

115 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 a. State licensing. General day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. Overlap care for up to three (3) persons shall be allowed if approved as a part of the license issued by the State. b. Residential districts. In the MF-18 and more restrictive districts, general day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the licensed day care provider, except that an assistant may provide care during necessary absences of the regular day care provider. c. Occupational license. An Occupational License shall be required prior to the establishment of a general day care. d. Conditional use permit. In those instances in which a Conditional Use Permit is required, the initial Conditional Use Permit shall be issued for a period not to exceed one (1) year. The Conditional Use Permit may be renewed if the operator applies for renewal before the active permit expires. 3. Day care, commercial. a. State licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. b. Occupational license. An Occupational License shall be required prior to the establishment of a commercial day care. c. Vehicle drop-off area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers. I. Golf Courses and Recreational Facilities. 1. Location of restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar. 2. Location of recreation facilities. Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least twenty-five (25) feet from the property line of any SF-7 or less intensive district. J. Group Home (Limited or General). Group homes shall be subject to the following standards only when located in an MF-18 or more restrictive district. 1. Spacing. A group home to be located within a residential zoning district shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured as the shortest distance between any portion of the structure in which persons reside. 2. Exterior appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence if it is in an SF-7 or more restrictive district. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district if it is in an SF-7 or more restrictive district. UNIFIED DEVELOPMENT CODE PAGE

116 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS Neighborhood character. A group home constructed in an RE, SF or TF district shall be constructed to be compatible with the architectural character of the neighborhood in which it is located. K. Hospitals. Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion as determined by a traffic study. L. Landfills and Mining and Quarrying. Landfills and mining and quarrying uses shall be subject to the following standards: 1. Minimum site area. In the RE District, the uses shall require a minimum site area of thirty-five (35) acres. 2. Entrances. There shall be no more than one (1) entranceway from a public street for each six hundred sixty (660) feet of street frontage. A traffic report shall be required. 3. Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive property. 4. Separation from residential. No digging or excavating shall occur within one hundred (100) feet of any lot line or within three hundred (300) feet of the lot line of SF-7 or less intensive property. 5. Paving. All roads, driveways, parking lots and loading and unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit for adjoining lots and public roads the nuisance caused by wind-borne dust. 6. Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55 ), whichever is less. 7. Buffers and fences. When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30 ), there shall be erected a fence of not less than six (6) feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences. A buffer shall be provided around the site in accordance with the standards of Section Stormwater management. A stormwater management plan shall be required. 9. Site restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to State and Federal requirements. a. Restoration plan. Before approval of a conditional use permit for an excavation use, the operator shall submit to the Director of Community Development a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five (5) feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated. UNIFIED DEVELOPMENT CODE PAGE

117 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer. b. Bonds. Before the issuance of any Conditional Use Permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the Planning Commission as to form, sufficiency and manner of execution, and shall run for the same term as the term of the Conditional Use Permit and any renewals. c. Water quality. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere. d. Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan. e. Top soil and fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission. f. City, county, state and federal standards. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, Environmental Protection Agency, and Federal Health Department requirements pertaining to facilities, equipment and other features. M. Mobile Homes, Manufactured Housing Units and Mobile Home Parks. Mobile homes and manufactured housing units shall be located only in mobile home parks that comply with the following standards. 1. Property development standards. a. Minimum park area: Five (5) acres. b. Maximum density: Seven (7) dwelling units per acre. c. Minimum perimeter setbacks: Twenty (20) feet; thirty (30) feet when adjacent to rights-of-way and SF-7 or less intensive districts. 2. Streets. Private streets shall be permitted within mobile home parks, provided that they comply with the design standards of Section and the City of Blue Springs Design and Construction Manual. Street signs that comply with all applicable City standards shall be provided. 3. Parking. A minimum of two (2) parking spaces shall be provided for each dwelling unit within the mobile home park. At least one (1) of the two (2) required spaces shall be located on or adjacent to each mobile home/manufactured housing unit space. Head-in parking bays may be permitted on private streets but UNIFIED DEVELOPMENT CODE PAGE

118 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 shall be limited to cul-de-sac bays or other local street where fast moving traffic will not be a hazard. All common parking areas shall be paved in accordance with City standards, including parking spaces on individual mobile home spaces. 4. Recreation and open space. At least three hundred (300) square feet of common recreation and open space shall be provided per mobile home/manufactured housing site in the mobile home park. Such recreation and open space area shall be located no further than five hundred (500) feet from any mobile home site served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area. 5. Walkways. Walkways shall be required on one (1) side of all interior streets and accessways and shall provide connections between mobile home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four (4) feet in width and shall meet the design and construction requirements of Section Water supply. All mobile home parks shall be connected to a public water supply. The individual water service connections shall be provided at each mobile home space and the size, location and installation of water lines shall be in accordance with the requirements of the City Plumbing Code. 7. Sewage disposal. Individual sewer connections shall be provided for each mobile home space and shall be installed in accordance with the City Plumbing Code. All mobile home parks shall be connected to a public sewer system. 8. Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owners adjacent to and downstream of the mobile home park. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable City Codes and the Design and Construction Manual. 9. Underground utilities. All electric, telephone, and other lines from supply poles outside the park or other sources to each mobile home site shall be underground. 10. Fire protection. Mobile home parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park to satisfy regulations of the State Fire Marshall and the District Fire Chief. 11. Flammable liquid storage. The use of individual fuel oil or propane gas storage tanks to supply each mobile home separately shall be prohibited. Any fuel oil or gas storage shall be centrally located in underground tanks, at a safe distance from any mobile home site. All fuel lines leading to park and to mobile home sites shall be underground and so designed as to conform to the City Building Code and any State Codes that are applicable. When separate meters are installed, each shall be located in a uniform manner. 12. Solid waste. All garbage and trash containers shall be placed in a conveniently located, similarly designed, enclosed structure. The removal of trash shall take place not less than once a week. Individual incinerators shall be prohibited. 13. Landscaping. A landscape buffer that complies with the standards of Section shall be provided and maintained along all boundaries of a mobile home park except at established entrances and exits. 14. Mobile home spaces within mobile home parks. Individual mobile homes within mobile home parks and mobile home spaces within mobile home parks shall comply with the standards of this Section. UNIFIED DEVELOPMENT CODE PAGE

119 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 a. Minimum size of mobile home space. Each mobile home space within a mobile home park shall contain at least three thousand (3,000) square feet of site area, and be at least forty (40) feet in width. b. Access. Each space shall have access to a paved interior roadway. In no case shall access to mobile home spaces be provided from abutting property. c. Clearance. Each space shall be located so that at least ten (10) feet of clearance will be maintained between mobile home units and other structures in the park. d. Setbacks. Mobile home units shall be located at least fifty (50) feet from the centerline of interior streets and accessways. Mobile home units shall also comply with the perimeter setbacks of Section (M)(1). e. Skirting. Uniform skirting of each mobile home base shall be required within thirty (30) days of placement of the mobile home. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile home so as to deter and prevent entry of rodents, reptiles and insects. f. Stands. Each mobile home site shall be provided with a stand consisting of a solid concrete pad not less than four (4) inches thick, and not more or less than the length and width of the mobile home to be placed upon it. This pad shall be so constructed, graded, and placed to be durable and adequate for the support of the maximum anticipated load during all seasons. g. Tie-downs. Each mobile home shall be supported on uniform jacks or locks and tied down as required by the City Code and State law. h. Outdoor patio. An all-weather hard surfaced outdoor patio area of not less than one hundred eighty (180) square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities to provide suitable outdoor living space to supplement the limited interior spaces of a mobile home. i. Canopies and awnings. Canopies and awnings may be attached to any mobile home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the Codes Administrator, before such enclosure can be used for living purposes. j. Utility hookup. Each space shall have hook-up facilities for water, sewer, electricity, telephone and cable TV service. All occupied mobile homes shall have and use sanitary facilities contained wholly within the mobile home. O. Recreation and Entertainment, Outdoor. Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least two hundred (200) feet from any adjacent SF-7 or less intensive district. P. Neighborhood and Community Assembly. 1. Entrances. Any lot containing an assembly use shall have direct access to a collector or arterial street. UNIFIED DEVELOPMENT CODE PAGE

120 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS Assembly uses in any residential district or less intensive district shall place all utilities underground. 3. Building Types. Assembly uses in any residential district shall be limited to the Small Civic building type, including the location criteria, standards and limits of that building type. 4. Bus parking. Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred (100) feet from the lot line of a lot zoned SF-7 or less intensive. Any such parking area shall be screened from view of adjacent SF-7 and less intensive districts by a landscape buffer that complies with the standards of Section Q. Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards. 1. Separation from residential. No salvage yard shall be located within three hundred (300) feet of an SF-7 or less intensive district. 2. Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features. 3. Loading/unloading. No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way. S. Solid Waste Collection/Processing Facilities. The following standards shall apply to solid waste collection/processing facilities. 1. Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features. 2. Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required. UNIFIED DEVELOPMENT CODE PAGE

121 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened from view offsite as part of the operation. 4. Loading/unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition, in accordance with Chapter 245 of the City Code. 5. Separation from residential. No structures shall be located within three hundred (300) feet of SF-7 or less intensive property. 6. Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive zoning. 7. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface. 8. Stormwater management. A stormwater management plan may be required at the discretion of the Director of Public Works. 9. Other regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features. 10. Time limit and renewal of conditional use permit. The Conditional Use Permit shall be effective for one (1) year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the Conditional Use Permit shall be established at the public hearing. The Conditional Use Permit shall be revoked by the Director of Community Development if it is determined by the Director of Community Development that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation. T. Transitional Living Centers. Transitional living centers shall be subject to the following standards. 1. Size. No more than ten (10) persons, including staff, shall reside in the center at one time. 2. Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school or SF-7 or less intensive property. U. Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards and Vehicle Repair (General). All vehicle and equipment storage areas and parking areas shall be surfaced with: 1. Five (5) inches of concrete; 2. Six (6) inches of asphalt; or 3. Three (3) inches of asphalt combined with eight (8) inches of aggregate base and subgrade base. UNIFIED DEVELOPMENT CODE PAGE

122 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 Any other pavement or surface material must be structurally equivalent to the above and determined by a licensed engineer in the State of Missouri to the satisfaction of the Director of Public Works, but all such areas shall be dust free. V. Billboards and Electronic Billboards. A conditional use permit for a billboard or electronic billboard shall not be granted unless the billboard or electronic billboard complies with all applicable requirements of Chapter 501, Sign Code, and it is found that the proposed billboard or electronic billboard will: 1. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public; 2. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood; 3. Not block the view from any public way of legal signs previously existing on adjacent property; 4. Not be an obtrusive or incompatible sign that would injure the character of the neighborhood; 5. Not obstruct significant views and vistas; 6. Not obstruct vision where such obstruction could create a traffic hazard; 7. Be in keeping with the general spirit and intent of this Development Code; and 8. Be in compliance with all of the requirements for a structure in the zoning district in which it is proposed to be located. W. Service Station, Automotive and Vehicle Repair (Limited). The following regulations shall apply to all automotive service stations, vehicle repair (limited) uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station". 1. A traffic study shall be required for all automotive service stations. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns as outlined in the Public Works Design and Construction Manual, and the conditional use shall not be granted unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow. 2. If the applicant intends to remain open for business past 10:00 P.M., the City may require that the buffer type to be located between the business and any residentially zoned property shall be a "Buffer D" as set forth in Section if vehicle headlights from any customer's vehicles entering, parking, standing, or exiting would shine on to the residentially zoned property. 3. If the site cannot be screened from residential property such that vehicle headlights will not shine on to residentially zoned property, the hours of operation may be restricted to preclude operation between the hours of 10:00 P.M. and 6:00 A.M., or any portion thereof as determined by the Planning Commission. 4. Applicants shall indicate whether said business will sell alcoholic beverages, maintain video games for use by customers, sell prepared food for consumption on the premises or off the premises, provide car washing services, perform mechanical repairs on motor vehicles, provide an automatic teller machine or sell grocery type items. The conditional use granted shall specify whether or not the business is authorized to perform any or all of these functions. In evaluating the conditional use pursuant to Section , the impact of any and all of the UNIFIED DEVELOPMENT CODE PAGE

123 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 foregoing items on the surrounding area or its development may be considered. When parking is calculated for such a business, all of the various types of operations combined within that business shall be considered to assure that adequate parking is provided. 5. The design, location, covering, colors, and screening of the gas pumps, shall be such that they are compatible with the design of the building. X. Recycling Collection Centers. The following standards shall apply to Recycling Collection Centers. 1. Minor a. Screening. All business activities and operations such as loading and unloading storage and the like shall be conducted wholly within a noncombustible building, except as allowed by Section E b. Storage bins. No storage bins shall be placed outside the enclosed building except as allowed by Section E. c. Loading/unloading. No solid waste or recyclable materials shall loaded, unloaded, or otherwise placed either temporarily or permanently outside an enclosed building except as allowed by Section d. Building Orientation. Any building shall be oriented so that access doors for vehicles do not face public right of way or residentially zoned property unless there is an intervening building located between the use and the public right of way or residentially zoned property. e. Paving. There shall be a minimum paving setback of twenty-five (25) from any public right of way; thirty (30) feet from residentially zoned property; and ten (10) feet from non-residentially zoned property. All roads, driveways, parking lots and loading and unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface f. Maintenance. The property shall be maintained by the proprietor so as to ensure maximum safety to the public, obscure recyclables from normal view of the public, and preserve the general welfare of the neighborhood. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245. g. Hours of operation. Uses shall not operate before 7:00 a.m. or after 7:00 p.m. if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted. h. Landscaping. The site shall meet all applicable landscape requirements in accordance with Section i. Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling Collection Center (Minor) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property. 2. Major a. Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way by a six (6) to eight (8) foot UNIFIED DEVELOPMENT CODE PAGE

124 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 tall, one hundred percent (100%) opaque, solid screen or will be wholly contained within a structure. b. Storage bins. Storage bins or trailers must be durable, covered and water tight and meet the setbacks of the underlying zoning district. c. Loading/unloading. No solid waste or recyclable materials shall be placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except for the loading/unloading of the storage bins. d. Separation from residential. No structures or bins shall be located within three hundred (300) feet of SF-7 or less intensive property. e. Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface. f. Maintenance. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245. g. Hours of operation. Uses shall not operate before 7:00 a.m. or after 7:00 p.m. if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted. h. Landscaping. The site shall meet all applicable landscape requirements in accordance with Section Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling Collection Centers (Major) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property. Y. Vehicle/Equipment Sales. The following standards shall apply to vehicle and equipment sales. 1. Paving area setback. There shall be a minimum of twenty-five (25) feet from the street right-of-way, thirty (30) feet from MF-14 or less intensive use, and ten (10) feet from GB, LI, HI. 2. Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on-site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street unloading area. 3. Driveways. The total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way. 4. Noise. The use of loud speakers or other exterior amplification devices shall be prohibited. 5. Screening. a. All repair and service facilities shall be conducted within an enclosed building. Such repair and service facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building located UNIFIED DEVELOPMENT CODE PAGE

125 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 between the use and the residential or public right-of-way. Such intervening building shall be located on site. b. The use of landscaped berms shall be incorporated whenever possible. Z. Car Wash Vehicle Repair (General and Limited). The following standards shall apply to car washes and vehicle repair (general and limited). 1. Service bays and other vehicular use areas shall be designed so that they do not face any residential uses. The Director of Community Development may recommend, and the Planning Commission may approve an increase of the landscape buffer to protect neighboring residential property. AA. Vehicle Rental Establishments Standards For Operation. The following standards shall apply to vehicle rental establishments as defined in Section , E, Outdoor Sales and Services - Equipment. All other businesses that rent vehicles or equipment shall fall under vehicle/equipment sales and must comply with the standards set forth in Section (Y). 1. Inventory. All vehicles permanently stored on site must be in the agency's active rental fleet. The maximum number of vehicles to be stored on the site must be approved as part of the conditional use permit. No vehicle stored on site shall be greater than two (2) years of age or have a passenger capacity of greater than fifteen (15) passengers, except that no more than three (3) passenger vans with a twelve to fifteen (12 15) person capacity may be stored on the property for a period of time not to exceed twenty-four (24) hours. 2. Operable, dismantled or damaged vehicle. There shall not be any inoperable, dismantled or damaged vehicles outside of the building on the property (site) at any time. 3. Landscaping. The site shall meet all applicable landscape requirements in accordance with Section The use of landscaped berms shall be incorporated whenever possible. 4. Maintenance. The operation shall be attended on days of operation to maintain the property in a clean and organized manner, such that automobiles are parked in an organized fashion, so the site will not to be considered by the City to be detrimental to adjacent properties. 5. Noise. The use of loud speakers or other exterior amplification devices shall be prohibited. 6. Paving. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface. 7. Paving area setback. There shall be a minimum of twenty-five (25) feet on the street right-of-way, thirty (30) feet from "SO" or less intensive use and ten (10) feet from a "GB", "RC", "LI" or "HI" district. Vehicle storage or display area shall not encroach upon a required parking/paving setback. 8. Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street loading/unloading area. Vehicles stored on site must be contained in an appropriately paved area separate from required parking spaces. No vehicles shall be parked in any landscape area on the property or within the street right-of-way. UNIFIED DEVELOPMENT CODE PAGE

126 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS Screening. All automobile/vehicular maintenance services shall be conducted within an enclosed building. Only "maintenance services", not "repair services", shall be allowed on site. Such maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Section (F), excepting that said buffer shall have a minimum of forty-five (45) plant units per one hundred (100) linear feet of which a minimum of seventy-five percent (75%) shall be large deciduous or evergreen trees located between the use and the residential or public right-of-way. Such intervening building shall be located on site. 10. Fueling stations. Neither gasoline or fuel for rental or non-rental vehicles shall be kept, sold or dispensed on the site. 11. Separation from residential. No vehicular parking shall be located within thirty (30) feet of "SF-7" or less intensive property. 12. Temporary signage. The use of temporary signage shall be kept to a minimum as determined by the and shall be in accordance with Chapter 501 of the City's Municipal Code. 13. Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Motor Vehicles and shall meet all City, County, State and Federal requirements pertaining to the facilities involved in vehicular rental practices. 14. Driveways and access. Driveways and roadway access shall be constructed and maintained in accordance with Section and as directed and approved by the City's Public Works Director. BB. Short Term Loan Service. 1. Separation from other uses. No short term loan service establishment shall be shall be allowed to locate or expand within two hundred (200) feet of any "RE", "SF", "T-3", "T-4", "TF" or "MF" zoned lot or within one thousand five hundred (1,500) feet of any school, elementary, middle or high or parks and recreation use as those terms are defined in the City Code. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest lot line of the lot that is zoned "RE", "SF", "TF", or "MF" or that contains the school, elementary, middle or high, or parks and recreation use. 2. Separation from other short term loan service. No short term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of any other short term loan service use or within one thousand five hundred (1,500) feet of any pawnshop or precious metal and gem dealer as they are defined in Section and Section respectively. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest lot line of the lot that contains the other short term loan service or the pawnshop or precious metal and gem dealer use. 3. Separation from City limits. No short term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of City of Blue Springs boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior UNIFIED DEVELOPMENT CODE PAGE

127 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 wall of the short term loan service establishment to the nearest City limits boundary line. 4. Limitation on number. Not more than one (1) conditional use permit for a short term loan service shall be issued per each increment of four thousand five hundred (4,500) persons that make up the population of the. The population of the City, for the purpose of this Section, shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January first (1st) of each year. 5. Site plans. Short term loan service establishments shall be subject to site plan and design review pursuant to Section CC. DD. Micro-Wind Turbines. 1. Micro-wind turbines (MWT) shall comply with all applicable regulations in Section Micro-wind towers shall only be allowed in conjunction with a conditional use permit (CUP) pursuant to the provisions of Section of the UDC. 3. Micro-wind turbines in the Adams Dairy Parkway Overlay District do not require appearance review. 4. Individual monopole MWT towers shall not exceed sixty (60) feet above the ground, including the tower and blade radius. Use of lattice type towers or structures is prohibited. 5. Maximum aggregate wind turbine height for all MWTs on a parcel shall be two hundred (200) feet. 6. MWTs are limited to providing electricity up to ten (10) kilowatts. 7. MWTs shall be mounted on a freestanding monopole only. Building-mounted systems are prohibited. Haunted House. (Note: These Special Use Standards also apply in Zone T4 and Zone T5 of the DDC. 1. Haunted house. Haunted houses must meet any and all the requirements for and provisions of Assembly: Group A-3 buildings and occupancies and "Special Amusement Buildings" (Sections ) in the 2006 International Building Code as well as any future amendments thereto in the IBC and in instances where the requirements are different, the most restrictive requirements shall be met. a. Any retail services included within haunted houses shall be considered secondary to the primary use of entertainment purposes. b. Noise regulations: The use of loud speakers or other exterior amplification devices such that they are heard across a residential or commercial real property boundary is prohibited. c. The exterior lighting regulations of the Unified Development Code, Section shall be applicable. d. Parking regulations. (1) Indoor haunted houses: One (1) per four hundred (400) square feet. (2) Outdoor haunted houses: Schedule C. e. Hours of operation: Uses shall not operate between 12:00 A.M. and 6:00 A.M. UNIFIED DEVELOPMENT CODE PAGE

128 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 f. Out-of-doors security and crowd control: It shall be the responsibility of the operator of the haunted house/special amusement building to provide out-of-doors security and/or crowd control as deemed necessary by the City. g. The operator of a haunted house/special amusement building shall provide out-of- doors covered receptacles for trash and aluminum can/plastic bottle recycling as needed to control litter and to offer those waiting the opportunity to properly dispose of trash/recyclables. h. Signage is subject to the regulations defined in Chapter 501, Sign Code. i. As a condition precedent to a license being issued for operation of a haunted house use, the applicant shall furnish to the City a certificate of insurance, in a company approved by the Finance Director, meeting the following requirements: (1) The policy shall provide for liability insurance with a combined single-limit policy of five hundred thousand dollars ($500,000.00). (2) The City shall be added as an additional insured to such policy by separate endorsement and a copy of said endorsement shall be provided to the City. (3) The policy shall contain a separate endorsement, if such an endorsement is available, requiring the insurance company to notify the City in writing of any material change in or cancellation of the policy at least ten (10) days prior thereto, but in any event the applicant shall notify the City of any impending cancellation, actual cancellation, termination or non-renewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation or non-renewal notice to applicant within two (2) business days of applicant's receipt of said notice. (4) Before the license is issued or renewed, the permittee shall deposit with the City a certificate of insurance evidencing that the endorsements required by Subsections (2) and (3) of this Subsection have been issued. EE. Indoor Shooting Ranges. Indoor shooting ranges shall be subject to the following standards and requirements: [Ord. No , ] 1. The use, occupancy and construction of the building shall be of materials that will contain all fired rounds within the confines of the building. 2. The use shall comply with the applicable State of Missouri Statutes relating to businesses and pollution control. 3. The use shall conform to applicable Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards. 4. If retail sales and/or repair of firearms and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms and any other applicable state and federal laws or regulations. UNIFIED DEVELOPMENT CODE PAGE

129 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a professional engineer or architect registered in the State of Missouri and designed with consideration of most current edition of "The Range Source Book" as published by the National Rifle Association. 6. The certified plans shall include specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall also state what type and caliber of ammunition the range is designed to totally confine. 7. No ammunition shall be used in the range that exceeds the certified design and construction specifications for the firing range. Maximum design specification shall be posted inside the range. 8. An alarm system, cut-wire protected, shall be supplied to provide security for the general premises. 9. On-site supervision shall be supplied at all times that the range is open for business by an adult with credentials as a qualified range master. 10. The transport of firearms on the premises shall conform to state and federal laws. 11. Persons under the age of eighteen (18) shall not be allowed in the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted in the premises. 12. The hours of operation for the range shall be limited to the hours of 6:00 A.M. to 11:00 P.M. 13. Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an indoor shooting range. FF. Outdoor Shooting Ranges. Outdoor shooting ranges shall be subject to the following standards and requirements: [Ord. No , ] 1. The use shall comply with the applicable State of Missouri Statutes relating to businesses, noise, and pollution control. 2. On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master. 3. The transport of firearms on the premises shall conform to state and federal laws. 4. Persons under the age of eighteen (18) shall not be allowed at the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted near the entry of the firing range. 5. Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an outdoor shooting range. 6. The applicant and/r owner of any outdoor shooting range shall provide the City with a detailed program explaining the hours of operation, range procedures, method of containment for projectiles and spent shell casings, and methods of disposal for lead and various other metals associated with the outdoor shooting range use. 7. The hours of operation for an outdoor shooting range shall be limited from 6:00 A.M. to 10:00 P.M. daily. Also, the use of any loudspeaker or similar device shall be limited to between the hours of 6:00 A.M. and 10:00 P.M. UNIFIED DEVELOPMENT CODE PAGE

130 BUILDING AND USE REGULATIONS SPECIAL USE STANDARDS 405 Section Accessory Uses. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , 4, ; Ord. No , ; Ord. No , ; Ord. No B 4, ; Ord. No , ] Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code. A. Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures: 1. Fences and walls, subject to Section ; 2. Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than five percent (5%) of the total lot area; 3. Gardens; 4. Gates and guard houses; 5. Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units; 6. Home occupations, subject to Section (D); 7. Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than five percent (5%) of the total lot area. Storage buildings that have been converted from a wheeled trailer, a portable storage container or a roll-off trash container, as the latter two (2) are defined in Chapter 270 of the Code of Ordinances, are unlawful and shall not constitute a residential accessory use; 8. Radio and television receiving antennas and support structures, subject to the partial height exemption of Section (H)(3)(e); 9. Recreational and play facilities for residents; 10. Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property, right-of-way or obstruct any sidewalks. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in a calendar year; 11. Storm shelters and fallout shelters; 12. Accessory living units not exceeding 750 sq. ft. or 10% of the total lot area, whichever is less. Accessory living units shall count towards the total allowable area for accessory structures on a property. Only one (1) accessory living unit is allowed per residential lot and only as accessory to a principal structure; and, 13. Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use UNIFIED DEVELOPMENT CODE PAGE

131 BUILDING AND USE REGULATIONS ACCESSORY USES 405 on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility. B. Non-Residential Accessory Uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures: 1. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use; 2. Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel; 3. Fences and walls, subject to Section ; 4. Gates and guard houses; 5. Offices for allowed business and industrial uses when the office is located on the same site as the principal use; 6. Parking garages and off-street parking areas; 7. Radio and television receiving antennas which only receive and do not transmit, and support structures, subject to the partial height exemption of Section (H)(3)(e); 8. Restaurants, newsstands, gift shops, specialty shops associated with the use, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building or a parks and recreation location or facility, government service, religious assembly or golf course use; 9. Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use; 10. Recycling collection stations, subject to Section (x) 11. The storage of merchandise when located within the same building as the principal business; and 12. Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility. C. Accessory Use Development and Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided. 1. Front Yard or Street Side Yard Setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section (D)(3). 2. Rear Yard setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2½) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section , Accessory Dwelling Unit. A Street Facing Rear Yard shall be required to setback accessory structures a minimum of 8 feet except Accessory Dwelling Units which shall be subject to the provision of Section , Accessory Dwelling Unit. 3. Side Yard setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory UNIFIED DEVELOPMENT CODE PAGE

132 BUILDING AND USE REGULATIONS ACCESSORY USES 405 structures, other than Accessory Dwelling Units, fences or non-load bearing walls, shall, however, be set back at least two and one-half (2½) feet from side property lot lines and shall be located no closer than 10 feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a Street Facing Side Yard setback. shall be setback at least eight (8) feet from the side property lot line, except for Accessory Living units which shall meet the minimum setback requirements of Section , Accessory Dwelling Unit.. 4. Setbacks from easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility. 5. Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized. 6. Building separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure. 7. Building coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area unless otherwise specifically provided. Accessory buildings and structures shall be included in the calculation of total building coverage. D. Home Occupations. Home occupations shall be allowed as an accessory use in any MF-18 or less intensive zoning district, subject to the standards of this Section. 1. Permit. No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the Director of Community Development. A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. Home occupation permits shall not be transferable and shall not run with the land; they shall expire upon sale or transfer of the property to a new owner. 2. Location and size. Home occupations shall be operated entirely within the principal residential building and shall not occupy more than twenty-five percent (25%) of the total floor area of the principal residential building. 3. Outdoor storage and exterior appearance. There shall be no visible exterior evidence of the conduct of a home occupation including signage. Specifically, no outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation. 4. Employees. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as their residence, provided that in the case of a limited day care facility, one (1) assistant not residing in the home shall be allowed as a substitute for the day care provider during necessary absences of the day care provider. 5. Operational standards. No equipment shall be used that creates a nuisance due to noise or electrical interference. Home occupations shall be subject to the operational performance standards of Section Parking. Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted within a required setback, other than in a driveway. In no event shall required setbacks be used for off-street parking to serve a home occupation. UNIFIED DEVELOPMENT CODE PAGE

133 BUILDING AND USE REGULATIONS ACCESSORY USES On-site product sales. No products shall be sold directly to customers from the premises. 8. Prohibited home occupations. In no event shall any of the following uses or activities be conducted as a home occupation. This list of prohibited activities is listed for emphasis only and does not constitute an exhaustive list of prohibited activities: a. Funeral services; b. Retail sales and service that involves direct product sales or service to customers from the premises; c. Hotel/motel; d. Bed and breakfast inn, except in the H-O District; e. Vehicle or equipment sales, rental or repair; or f. Medical offices. E. Recycling Collection Stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards. 1. Maximum size and approval required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed five hundred (500) square feet in area and only if shown on a Site Plan that has been reviewed and approved in accordance with Section Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a minimum six (6) foot tall, one hundred percent (100%) opaque, solid screen or be wholly contained within a structure. At no point may a storage container surpass the height of its screening element. 3. Separation from residential. Recycling collection station structures shall be located at least one hundred fifty (150) feet from adjacent property zoned SF-7 or less intensive. 4. Reverse vending machines. Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes. Reverse vending machines for the sale or collection of phones, iphones, smart phones or similar devices shall not be allowed. 5. Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling site in a clean and safe condition and shall pick up any recycle materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis. 6. Hours of operation. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Director of Community Development. 7. Signs. A directional sign indicating the location of the recycling structure shall be no larger than six (6) square feet and shall be located as indicated on the Site Plan. 8. Storage bins. Storage bins or trailers must be durable, covered, and water tight and meet the setback of the underlying zoning district. F. Single-Bay, Automatic Car Washes. Single-bay car washes shall be allowed as an accessory use in a Service Station (Automotive) or Vehicle and Equipment Sales use in accordance with the following standards: UNIFIED DEVELOPMENT CODE PAGE

134 BUILDING AND USE REGULATIONS ACCESSORY USES Bay doors or car wash entrances shall be designed so that they do not face residential uses. Section Temporary Uses. [Ord. No , ] A. Permits. The Director of Community Development is authorized to issue a permit for a temporary use within any zoning district provided it meets the requirements of this Section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of public health, safety and traffic and to avoid creation of a nuisance or violation of other City Codes. The Director of Community Development may require such assurances or guarantees of compliance with conditions as are reasonable and appropriate under the circumstances. B. Temporary Uses Permitted. Temporary uses include but are not limited to the following: 1. Seasonal and holiday sales. a. NB and more intensive districts. The Director of Community Development may approve seasonal and holiday sales activities, such as fireworks and Christmas tree sales areas and farm produce sales stands as temporary uses in NB and higher intensity zoning districts for no more than sixty (60) days within a calendar year. Such activities may occur within required exterior setbacks, provided that no display will encroach into a required exterior setback by more than fifty percent (50%) of the required setback depth and no display or equipment shall be located within a required sight triangle (See Section ) b. Farm produce. Stands for the sale of farm produce grown on the premises shall be an allowed temporary use in any zoning district. Structures incidental to such sale need not comply with the applicable exterior setback requirements provided that no such structure shall be located within a required sight triangle (See Section ). All such structures shall be removed or moved out of the exterior setback at the end of the season during which they are used. 2. Contractor's office. A contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project shall be permitted temporary uses for the duration of construction. Such use shall be exempt from setback standards of the underlying zoning district. 3. Real estate sales office. Real estate offices (containing no sleeping or cooking accommodations unless in a model dwelling unit) shall be permitted temporary uses when incidental to a new housing development. Such offices may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the setback requirements of the underlying zoning district, provided that a Site Plan showing the proposed sales office location and parking layout is approved by the Director of Community Development. 4. Special Events, Carnivals and circuses. A carnival or circus shall be a permitted temporary use in an RE, NB, GB, CB, LI or HI District for a period that does not exceed three (3) weeks. Such use need not comply with the setback UNIFIED DEVELOPMENT CODE PAGE

135 BUILDING AND USE REGULATIONS ACCESSORY USES 405 requirements of the underlying zoning districts, provided that no structures or equipment shall encroach into a required setback by more than fifty percent (50%) of the required setback depth. In no event shall any structure or equipment be located within a required sight triangle. 5. Housing. During construction of the principal residential structure, a camper or mobile home may be used for temporary housing for a period not to exceed six (6) months provided that the lot on which the camper or mobile home is located is not less than three (3) acres in size and the sanitary provisions are approved by the Director of Public Works. The Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood, provided that the mobile home is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner. Section Non-Conformities [Ord. No , ] A. General 1. Purpose. The purpose of the regulations of this Chapter is to establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Development Code. The regulations address the following types of non-conformities: a. Non-conforming uses. Uses legally established prior to November 18, 1996, that do not conform with the use regulations of the district in which the use is located are referred to as "non-conforming uses". b. Non-conforming structures. Buildings and structures, not including signs, legally established prior to November 18, 1996, that do not conform with the property development standards of the zoning district in which the use is located are referred to as "non-conforming structures". c. Non-conforming signs. Signs legally established prior to November 18, 1996, that do not conform with the sign regulations of Chapter 501 are referred to as "non-conforming signs". 2. Policy. It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Development Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Development Code as is reasonably practicable, all subject to the limitations of this Chapter. The limitations of this Chapter are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re- UNIFIED DEVELOPMENT CODE PAGE

136 BUILDING AND USE REGULATIONS ACCESSORY USES 405 establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed. 3. Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Chapter. 4. Determination Of Non-Conformity Status. The burden of establishing that a nonconformity lawfully exists is to be the owner's burden and not the City's. 5. Repairs And Maintenance. Repairs and normal maintenance required to keep nonconforming uses, non-conforming structures and non-conforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance. 6. Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity. B. Non-Conforming Uses. [Ord. No , ; Ord. No , ; Ord. No , ] Non-conforming uses shall be subject to the following standards. 1. Enlargement. No non-conforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on November 18, 1996, and no additional accessory use, building or structure shall be established on the site of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on November 18, Relocation. No non-conforming use shall be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved. 3. Discontinuance And Abandonment. If a non-conforming use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Development Code for the district in which such parcel or lot is located. 4. Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. 5. Change In Use. A non-conforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development, with an appeal to the Board of Adjustment. A non-conforming use, if changed to a conforming use or less intensive non-conforming use, may not thereafter be changed back to a less conforming use than that to which it was changed. UNIFIED DEVELOPMENT CODE PAGE

137 BUILDING AND USE REGULATIONS ACCESSORY USES Residential Uses In Non-Residential Districts. The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in an NB or more intensive district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work. 7. Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates. 8. Outdoor Storage, Recycling Collection Stations, Recycling Collection Centers And Solid Waste Collection And Processing Facilities. A non-conforming use of land for outdoor storage for the sale of merchandise may be continued only until July 18, 1996, after which time the use shall be brought into full compliance with the use regulations of the underlying zoning district. Any non-conforming recycling collection station, recycling collection center or solid waste collection or processing facility shall, by July 18, 1996, be made to comply with all of the provisions of this Development Code or be removed. 9. Redevelopment Seeking Deviations, Modifications And/Or Waivers Pursuant To Section Redevelopment (as such term is defined in Section (D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed will, from the date of issuance of a certificate of occupancy, have legal non-conforming status pursuant to this Section, but also shall be subject to all the provisions hereof. C. Non-Conforming Structures. [Ord. No , ; Ord. No , ; Ord. No , ] Non-conforming structures shall be subject to the following standards. 1. Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of non-conformity shall be made by the Director of Community Development with an appeal to the Board of Adjustment. 2. Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained within six (6) months, and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. The determination of such reduced structural valuation shall be made by the City. 3. Relocation. Non-conforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations. 4. Redevelopment Seeking Deviations, Modifications And/Or Waivers Pursuant To Section Redevelopment (as such term is defined in Section (D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section shall not be deemed to violate the UNIFIED DEVELOPMENT CODE PAGE

138 BUILDING AND USE REGULATIONS ACCESSORY USES 405 enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof. D. Non-Conforming Signs. [Ord. No , ; Ord. No , ; Ord. No , ] 1. Policy. It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of Chapter Non-Conforming Signs Protected. A sign which was lawfully erected prior to November 18, 1996, but which does not comply in one (1) or more respects with the requirements of Chapter 501 may remain in use, subject to all other applicable requirements of this Development Code. 3. Signs Offered Additional Protection. Existing institutional bulletin boards and signs, building markers, directional signs, subdivision entrance signs and incidental signs shall not be affected by the other parts of this Section, except that should said signs be removed, replaced or substantially altered, they shall be brought into conformity with Chapter Limitations On Non-Conforming Signs. a. Change of copy or the substitution of panels or faces on non-conforming signs shall be permitted. Repairs and maintenance of non-conforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted. b. It shall be unlawful to enlarge, structurally alter or move off premises any existing sign, except in accordance with the provisions of Chapter 501. c. Any non-conforming sign that ceases being used or ceases being leased for a continuous period of one (1) year shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501. d. Any non-conforming sign that pertains to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501. e. Any time that a building permit is issued for work on a building on a lot where such work enlarges the building floor area by more than twenty percent (20%), or involves work with a permitted value equal to one-half (½) or more of the taxable value of the building or structure then located on the lot, any non-conforming signs on the property shall be brought into compliance with the provisions of Chapter 501 as part of the construction project with such work to be completed before permanent occupancy of the new or remodeled premises. 5. Treatment In Master Signage Plan. The master signage plan shall contain a proposed plan for treatment of non-conforming signs on a property as new signs are added. The following principles shall control such a proposed plan: a. Any addition of new signage to a property should be offset by a proportionate reduction in the amount of non-conforming signage on the property. That is, if a new sign will account for ten percent (10%) of the permitted signage on the property, then the non-conforming signage on the property should be reduced by at least ten percent (10%) at the time that the new signage is installed. UNIFIED DEVELOPMENT CODE PAGE

139 BUILDING AND USE REGULATIONS ACCESSORY USES 405 b. For any property for which the master signage plan contains provisions consistent with Chapter 501, existing non-conforming signs on the property may be disregarded in computing the maximum total sign area permitted on the property. 6. Redevelopment Seeking Deviations, Modifications And/Or Waivers Pursuant To Section Redevelopment (as such term is defined in Section (D)(2) of this UDC) which is completed in accordance with any approved redevelopment modification plan pursuant to Section shall not be deemed to violate the limitations on non-conforming signs provision of Section (D)(5). Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof. E. Other Non-Conformities. [Ord. No , ; Ord. No , ; Ord. No , ] 1. Applicability. The types of other non-conformities to which this Section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other non-conformities not involving zoning district use or property development standards. 2. Enlargement Or Change In Use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty-five percent (25%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Development Code. 3. Redevelopment Seeking Deviations, Modifications And/Or Waivers Pursuant To Section Redevelopment (as such term is defined in Section (D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section shall not be deemed to violate the enlargement or change in use provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof. F. Non-Conformities Created By Public Action. [Ord. No , ] When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Development Code without resort to the Board of Adjustment. UNIFIED DEVELOPMENT CODE PAGE

140 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses Residential RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts SO GB RC LI HI PLOS Detached Housing Semi-attached Housing Attached Housing Multi-family Housing Accessory Dwelling Mobile Home Park / Micro-home Park Assisted Living - General Assisted Living - Convalescent Care Group Home - Limited Group Home - General Group Home - Transitional Living Center Open Space Preserve Park / Greenway Trail Green Square

141 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Plaza SO GB RC LI HI PLOS Pccket Park Community Garden Institutional / Civic Assembly Neighborhood (<500) Assembly Community (500 1,500) Assembly Auditorium / Stadium (1,500+) School Elementary, Middle or High School Vocational School College or University Hospital Cemetery Funeral Home Library Cultural Service Public / Government Service Golf Course Office

142 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts Office- Home Occupation TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Office - Small Office General Office - Large SO GB RC LI HI PLOS Retail / Commercial Micro-commercial (< 1,000 s.f.) Small Retail (< 3,000 s.f.) Mid-Size Retail (3,000 12,0000) Large Retail (12, ,000) Warehouse Retail (100,000 +) Grocery Store (< 40,000 s.f.) Super Market (40,000 +) Service Station, Limited (6 or less pumps) Service Station, General (7 to 16 pumps) Service Station, Large (17 + pumps) Outdoor Sales - Limited Outdoor Sales - Seasonal Outdoor Sales - General

143 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Outdoor Sales and Services SO GB RC LI HI PLOS Outdoor Sales and Services -Equipment Service / Entertainment Adult Entertainment Establishment Animal Care -Limited Animal Care - Kennel Animal Care - General Bank or Financial Institution Bar or Tavern Car Wash Club, Private Day Care - Limited Day Care - General Day Care, Commercial Haunted House Health Club Hotel or Motel Marina

144 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Medical Service SO GB RC LI HI PLOS Paintball Facility, Indoor Paintball Facility, Outdoor Personal Services Recreation and Entertainment - Indoor Recreation and Entertainment - Outdoor Recreational Vehicle Park Restaurant -Fast-Food Restaurant - General Shooting Range Indoor Shooting Range - Outdoor Short Term Loan Service Studio Television or Film Vehicle Repair, Limited Vehicle Repair, General Light Industrial / Craft Manufacturing Artisan / Micro-manufacturing Manufacturing - Limited

145 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Food Production - Limited Research and Development Industry - Light SO GB RC LI HI PLOS Industrial Manufacturing - General Food Production - General Industry - General Industry - Extractive Storage Residential Warehouse Storage Warehouse / Wholesale Storage - Yard Storage Hazardous Materials Waste Processing Recycling Collection Station Waste Processing Recycling Collection Center (Minor) Waste Processing Recycling Collection Center (Major) Waste Processing - Landfill Airport or Airstrip Correction Facility

146 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Freight Terminal SO GB RC LI HI PLOS Laundry Service Stockyard Agriculture Agricultural Processing Agricultural Sales and Services Agriculture -Limited Agriculture - General Agricultural Processing Agricultural Sales and Services Supplemental Uses Communication Tower Heliport or Helipad Micro-Wind Turbines Military Service Telecommunications Facility, Tower or Antenna Billboards / Electronic Billboards

147 Table : Use Table Key: = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review Uses RE SF-12 SF-7 Residential Zoning Districts TF MF-10 MF-14 MF-18 N-L N-O NB Non-Residential Zoning Districts Transit Facility SO GB RC LI HI PLOS Utility - Minor Utility - Major

148 SUBDIVISION DESIGN AND IMPROVEMENTS GENERAL 406 Chapter 406. Subdivision Design and Improvements Section General Section Transportation Networks, Blocks, Street Types and Lots Section Open Space Systems Section Sewer and Water Utilities Section Drainage Systems Section Easements Section Erosion Control Section Property Owner s Associations Section Historical Sites Section Financial Guarantees All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City s Website. Section General. [Ord. No , ] A. Purpose. The subdivision design and improvement standards of this Chapter are intended to control subdivision activity in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to: 1. Provide for orderly growth and harmonious development of Blue Springs consistent with established policies of the City. 2. Secure proper arrangement of streets for efficient traffic circulation through the coordination of existing and planned streets, comprehensive plan, public facilities, and adjoining developed land. 3. Achieve lots of maximum utility and viability laid out and of size so as to be in harmony with existing and proposed development of the area. 4. Secure adequate provisions for water, drainage, sanitary sewer facilities based upon City, State, and Federal requirements. 5. Provide open space, recreation areas, school sites, and other public facilities. 6. Carry out the City s responsibilities under state law to review and approve all plats and subdivision of real estate. B. Exemptions. The regulations of this Chapter shall not apply in the following instances: 1. The division of any parcel or tract of land when the smallest parcel created is greater than forty (40) acres; 2. An adjustment in the boundary between adjoining land (lot line adjustments) if the adjustment does not create an additional or substandard lot or necessitate new roadway construction or right-of-way dedication and provided further that a UNIFIED DEVELOPMENT CODE PAGE 406-1

149 SUBDIVISION DESIGN AND IMPROVEMENTS GENERAL 406 survey of the adjustments is recorded with the Recorder of Deeds of Jackson County; 3. Land used or taken for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations, where no new street or easement of access is involved, or for a cemetery; 4. Any lot, parcel, or tract of land located within the area governed by this Development Code which was subdivided, re-subdivided or replatted prior to January 21, However, any further re-subdivision of into units or lots, parcels or tracts must be done in accordance with this Development Code; 5. Any transfer by operation of law; and 6. Agriculture (Limited or General) uses on site of at least forty (40) acres. C. Design criteria and construction standards (Design and Construction Manual) Adoption, Amendment and Rescission 1. Authority to adopt standards and specifications. The Director of Public Works, hereinafter "Director," is hereby authorized to propose, adopt, amend or rescind standards and specifications regarding the design, construction, and access to the streets, sidewalks, alleys or other public ways, the storm water system, the sewerage system of the city, and / right-ofway management standards contained within the Design and Construction Manual. 2. Procedure for proposing, adopting, amending, or rescinding standards and specifications. a. No proposed standard or specification promulgated pursuant to the authority of Section 1 above shall be adopted, amended or rescinded unless: i. Notice of a proposed adoption, amendment or rescission of any specification or standard is posted in the office of the City Clerk along with three copies of the entire proposed specification or standard or rescission and an explanation of the proposed adoption, rescission or the change to an existing specification or standard. Such notice shall include a statement that any person may file a statement in support of or in opposition to the proposed adoption, amendment or rescission with the Director of Public Works within 30 days of filing with the office of the City Clerk. ii. Notice of the proposed adoption, amendment or rescission shall be published twice in a newspaper of general circulation in the city. Publication shall be on the same day of the week and on two consecutive weeks. Such notice shall include: 1. An explanation of the proposed adoption, amendment or rescission; and 2. A notice that any person may file a statement in support of or in opposition to the proposed adoption, amendment or rescission with the director within 30 days of date of first publication of such notice; and 3. A notice that copies of the text of the proposed adoption, amendment or rescission are on file in the office of the City Clerk for public review. UNIFIED DEVELOPMENT CODE PAGE 406-2

150 SUBDIVISION DESIGN AND IMPROVEMENTS GENERAL 406 iii. Within 30 days following the end of the public comment period the Director shall file findings and explanations that discuss any public comments received with the City Clerk along with any amendments to the original proposed adoption, amendment or rescission. Any such findings, explanations and amendments shall be forwarded to each person having made comment on the original adoption, amendment or rescission. In the event that the Director fails to file the findings, explanations and any desired amendments within the required 30 day period, the proposed adoption, amendment or rescission shall be deemed abandoned. iv. Within ten days after filing findings, explanations, and any amendments to the original proposed adoption, amendment or rescission, the director shall issue and file with the office of the City Clerk a final order of adoption, amendment or rescission which shall include a complete copy of the final text of the adoption, amendment or rescission order. The final order of adoption, amendment or rescission shall become final ten days after filing with the office of the City Clerk. v. In the event that the Director has received no comment at the end of the public comment period described in Subsection (ii) above, the Director shall within ten days issue and file with the City Clerk a final order of adoption, amendment or rescission which shall include a complete copy of the final text of the order of adoption, amendment or rescission. This final order shall become final ten days after filing with the office of the city clerk. b. The procedure for adopting, amending or rescinding any standard or specification promulgated under the provisions of this section shall be the same as the procedure for adopting a new standard or specification as described in Subsection (ii) above. c. The Director is hereby authorized to issue changes regarding standards and specifications contained within the Design and Construction Manual on an emergency basis if, in the opinion of the director, the adoption of such a change is necessary to protect the health, safety, and welfare of the citizens of Blue Springs. Such emergency changes rules shall be effective only during the interim period between the initiation of the formal adoption, amendment or rescission \ process above and the adoption of the final adoption, amendment or rescission, provided that: i. No such change shall be effective for longer than 90 days except that any emergency change rule may be extend for one 30 day period; and, ii. Such emergency rule change shall state in clear and specific terms the facts and reasons constituting the emergency and the danger to the health, safety, and welfare of the citizenry. 3. Council authority to amend or rescind. a. The Council of the, Missouri may, by ordinance, amend or rescind any standard or specification adopted pursuant to Section 2 above. UNIFIED DEVELOPMENT CODE PAGE 406-3

151 SUBDIVISION DESIGN AND IMPROVEMENTS GENERAL Appeal. a. Any person aggrieved of any decision of the Director or by the application of any adoption, amendment or rescission promulgated pursuant to Section 2 above shall first file a request for reconsideration with the director within thirty days of the date such person becomes aware of the application of the standard or specification or within thirty days of the decision of the Director. Such request shall state what relief is desired. The Director shall issue a decision within 15 business days from the receipt of the reconsideration request. Such decision shall be mailed firstclass, return receipt requested to the address provided by the person aggrieved. b. Any person remaining aggrieved after receipt of the Director's decision may make an application for review to the City Administrator upon the same basis as the request was made to the Director. c. Any person aggrieved of any decision of the Director after review of the City Administrator may appeal to a court of competent jurisdiction as provided by law. 5. Fees. a. Fees for permits issued pursuant to this division are established as $ Penalty. a. No person shall knowingly violate any standard, specification rule or order adopted or issued by the Director pursuant to Section 2 above. b. Any person pleading guilty or having been found guilty of violating Subsection (a) above shall be subject to a fine of not more than $ c. Each day a violation of Subsection (a) continues shall constitute a separate violation. 7. Reserved. Section Transportation Networks, Blocks, Street Types, & Lots. A. Intent. It is the intent of this Section to: 1. Prioritize planning street networks and designing street types as an important part of the civic infrastructure of the community. 2. Recognize rights-of-way as the most prominent part of the public realm and the design of streets as a key determinant of community character. 3. Value the design, function, appropriate application of different types of streets in creating places and supporting development, rather than solely moving cars. 4. Provide for efficient and safe movement of all potential users of the streets, including pedestrians, bicycles, automobiles, and trucks or transit. 5. Plan street networks that allow the design of streets to transition along their length to best support anticipated and adjacent land uses, building types and development patterns. 6. Improve access to places, blocks and lots with multiple connections by different routes and different modes of transportation. 7. Implement the City s Comprehensive Plan, and specifically the Transportation Plan and Livable Streets Policy with balanced designs, so the interests of a single mode of transportation do not unnecessarily compromise other modes of transportation. UNIFIED DEVELOPMENT CODE PAGE 406-4

152 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS Ensure the proper arrangement of blocks and lots within the structure of the transportation network and civic space systems. 9. Create buildable lots based on required zoning and setback standards, topography and other context. 10. Layout a pattern of lots and blocks that considers the proper function for drainage, topography, lot access, and efficient utility service. B. Network Layout. Generally. Arterial, Collector and Local streets shall generally be laid out according to the policies of the Comprehensive Plan and Major Street Plan, Chapter 360, and specifically any Specific Plans created under the guidance of those plans. Network specific design details are provided in the Public Works Design and Construction Manual. 2. External Connections. Streets shall provide for the continuation of streets in adjacent subdivisions and to future growth areas at intervals that meet these standards, unless such continuation is considered unnecessary by the City Council based on generally accepted sound planning principles applied to that particular context. Where street connections to adjacent areas are to be provided for future use of those areas, they shall be constructed to the subdivision boundary or to a point as close as practicable to said boundaries) and terminated with a barrier meeting MUTCD requirements. 3. Off-sets. Slight jogs in continuous streets at points of intersection with other streets shall not be permitted unless due to topography. Where offsets cannot be avoided, a minimum distance of one hundred twenty-five (125) feet shall be established between centerlines of the intersecting streets. 4. Marginal Access Streets. Where marginal access streets are required, the owner shall be responsible for improving said marginal access streets according to City standards and shall dedicate, after construction, such streets and rights-of-way to the. A landscaped strip at least twenty (20) feet wide shall be provided between a marginal access street and the adjacent street. If such strip is dedicated to the City and accepted, the City shall be responsible for maintenance thereof. If it is not dedicated and accepted by the City, the POA shall be responsible for maintenance of same. 5. Special Treatment Along Major Streets. When a subdivision abuts or contains an existing or proposed arterial or collector street, the City Council, upon the recommendation of the Planning Commission, may require marginal access streets, reverse frontage with a non-access reservation containing the landscape buffer required by Section (E) along the rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to retain the traffic carrying capacity of the major street system. All such improvements shall be subject to the approval of the Director of Public Works and the City Council. Details for the following list of items are covered in the Public Works Design and Construction Manual and design and construction shall meet or exceed the standards and requirements contained in such Manual. Cul-de-Sac Streets. Terminus of Roads Other Than Cul-de-sacs Alternate Connections. UNIFIED DEVELOPMENT CODE PAGE 406-5

153 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS 406 Intersections Marginal Access Streets Other Required Streets Special Treatment Along Major Streets Street Lighting C. Block Arrangement. 1. Generally. All blocks shall be arranged to have two tiers of lots, each fronting on a public street. Double-frontage lots are generally prohibited, except that blocks platted along intervening natural features or parts of the Civic Space Systems, regional transportation routes or limited access roads may have lots that back to these features provided there is an adequate buffer provided according to Section C. Residential lots shall generally not front on a Standard Arterial or Standard Collector street types. 2. Blocks and Connectivity. Streets shall be laid out to provide a network of blocks and streets based on the context and development pattern. Table establishes the basic block structure for different Place Types in the Comprehensive Plan: Table : Block Arrangement Block Length Area Neighborhoods (low density) 500 min. 1,320 max. Neighborhoods (mixed-, moderate-, or high- density) 300 min. 800 max. Neighborhood Centers, Gathering Places, Business Hubs, and Downtown 250 min. 600 max. Distinct Destinations 250 min max. 5 to 10 acres 3.5 to 7 acres 2 to 5 acres 2 to 8 acres Corridor Reinvestment, Future Growth Dependent on specific context and development plans. 3. Exceptions. The following are exceptions to the block and connectivity standards: a. Natural Features and Civic Spaces. Blocks or parcels abutting or containing important natural features, topographical constraints or otherwise creating parts of the Civic Space System, may be larger provided the proposed street layout preserves these features and integrates them into the overall structure of the community. b. Regional Transportation Routes. Blocks or parcels abutting intervening regional transportation routes such as highways or rail rights-of-way may be larger provided that street layouts and development patterns achieve local connectivity in all other ways possible. c. Rural Parcels. Tracts divided into larger or rural lots may be more than 10 acres provided development is arranged to allow future streets in compliance with these regulations, and a logical pattern of re-subdivision can occur with minimal disruption of buildings, utilities, and other structures. d. Oversized Parcels. Where oversized parcels are platted for special land uses or development projects that involve large-scale buildings and patterns, such as campuses, large-scale commercial areas, platted UNIFIED DEVELOPMENT CODE PAGE 406-6

154 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS 406 blocks may be larger provided internal access streets mimic the block structure and urban design amenity of these standards, and create logical extensions and connectivity to the public streetscapes. D. Street Design. 1. Design Types. Streets shall be designed to reinforce the character of the area and anticipated development pattern and land use based upon the Place Types of the Comprehensive Plan. Each functional classification may use the following Street Types so that urban design features and cross sections better support the development context and character of the area. Standards and guidelines for rights-of-way widths, cross-section designs and application of Street Types are found in the Public Works Design and Construction Manual and the design and construction shall meet the standards set out therein. Table : Functional Class / Design Types Functional Class Arterial (A) Design Natural (NT) Standard (S) Activity (A) Neighborhood (NH) Collector (C) (minor or major) Local (L) Neighborhood Street. The Neighborhood street design type is appropriate where an improve neighborhood design amenity, Standard increased Street. walkability, The Standard or a more street compact design and type mixed density is a basic cross residential section pattern appropriate is desired. generally It is where characterized no particular by large street development trees, sidewalks, characteristic narrow lanes, or urban occasional design on street context warrant parking and consideration slow vehicle of speeds. other street types. UNIFIED DEVELOPMENT CODE PAGE 406-7

155 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS 406 Natural Street. The Natural street design type is appropriate for areas where any natural features exist and are emphasized as an urban design amenity, and particularly to implement the Image Streets or LINC System on the City Image Framework of the comprehensive plan. It is characterized by narrower roadways with slow to moderate speeds and larger, informal and natural landscape edges. Activity Street. The Activity street design type is appropriate for areas where a high degree of pedestrian activity is desired and particularly to implement the Pedestrian Priority Areas in the Connections Framework of the comprehensive plan. It is characterized by narrow lanes, slow speeds, on street parking, and a large, well designed pedestrian amenity zone to support businesses and economic activity along these blocks. 2. Street Dimensions. In creating specific street sections for platting streets, the following specifications and guidance shall be used: a. The Public Works Design and Construction Manual Street Types. b. The Comprehensive Plan Street Types, and any application of those types through specific plans. c. The Livable Streets Policy and Livable Street Design Guide in the Comprehensive Plan. d. National Association of City Transportation Officials Street Design Guide. e. Institute for Transportation Engineers, Designing Walkable Urban Thoroughfares: A Context Sensitive Approach. f. Kansas City Metropolitan Chapter of the American Public Works Association Standard Specifications and Design Criteria, Section UNIFIED DEVELOPMENT CODE PAGE 406-8

156 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS General Street Planning Standards. a. Streets: All streets shall be designed to provide adequate facilities for surface drainage. Drainage facilities shall comply with the provisions of the Public Works Design and Construction Manual and the design and construction shall meet the standards and requirements set out therein. b. Half-street Improvements: Half-street improvements are required when a subdivision abuts an existing street and where unusual circumstances make them essential to the reasonable development of a tract in conformance with this Chapter. c. Decorative Islands: Decorative Islands, when specifically approved by the City Council, islands to be used for landscaping, statuary or other decorative purposes may be constructed by an owner in the center of a cul-de-sac or other roadway pavement section. Decorative islands shall not be approved if it is possible that their installation would in any way impede traffic or create unsafe conditions, as determined by the Director of Public Works. If decorative islands are approved, the owner shall, as a condition of such approval, assign full responsibility for maintenance of such islands to the Property Owners' Association created by the owner for the subdivision. Provisions of the Property Owners' Association articles of agreement related to such maintenance shall be reviewed and approved by the City Council before approval of the Final Plat. d. Private Streets: Private streets are generally unacceptable in subdivisions in which any of the streets are dedicated to the public. Exceptions will be considered in commercial and industrial subdivisions, mobile home parks and planned unit developments if: (i) they are constructed to standards of the Design and Construction Manual; (ii) a Property Owners' Association shall be formed to maintain any private street with covenants in place to assure that the City may tax bill or place a lien on all lots if it becomes necessary to enter and repair or maintain such private streets in a sufficient condition to allow utility, city owned and emergency vehicles to enter and navigate safely; (iii) a covenant is placed on all lots that requires a notice in any and all sales contracts of any lot or portion thereof or other interest in real estate other than a lease that the property owners are responsible for the maintenance of the streets in the subdivision; and (iv) an ingress egress easement is deeded to the City to allow for entry for utility providers, code enforcement officials, emergency responders, ambulance, police and fire purposes. e. Street Names and Signs. Street names shall not duplicate names of any existing street in Blue Springs and adjacent communities except where a new street is a continuation of an existing street. Street names that are spelled differently but sound the same shall be avoided. Generally no street should change direction by more than ninety degrees (90 ) without a change in street name. The street name pattern previously adopted by Blue Springs shall be continued except as approved by the Community Development Director. Reflective street signs, meeting the requirements UNIFIED DEVELOPMENT CODE PAGE 406-9

157 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS 406 of the MUTCD. Reflective street signs, approved by the Director of Public Works, will be provided and installed by the City at all street intersections at the owner's expense. f. Abutting Streets. (1) Arterials/Thoroughfare. Where a subdivision or development borders an existing or proposed arterial street, but does not utilize the arterial street for direct access to individual lots, the subdivider or owner shall be required to provide sufficient right-of-way for its future widening or construction. Where a development proposes to access one (1) or more individual lots from an arterial which it borders, the subdivider or owner shall be responsible for any additional improvements as deemed necessary to maintain the present level of service and provide for the safe and efficient movement of traffic. (2) Non-arterials. Where a subdivision or development borders an existing or proposed road, other than an arterial, or where there are plans to realign or widen a road that would require use of some of the land in a subdivision, the applicant shall be required to dedicate the additional right-of-way required to widen or realign such roads. The applicant shall also be required to construct the equivalent of one-half (½) of a local street and appurtenants. In lieu of the construction required above, the City Council may at a minimum require the applicant to deposit in escrow an equivalent amount of cash. g. Design for Persons with Disabilities. Access ramps for disabled persons shall be installed whenever new curbing or sidewalks are constructed or reconstructed in the. New sidewalk ramps shall comply with the requirements of the Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) standards and be subject to review and approval by the Director of Public Works. These standards shall apply to any City street or connecting street for which curbs and sidewalks are required by this ordinance or on which curb and sidewalk have been prescribed by the City Council. Sidewalk layout plans for all public and private access ways, and for all internal access and circulation requirements of Section shall be prepared by a professional engineer and submitted with construction plan to demonstrate compliance with all applicable ADA requirements. The intent of the sidewalk layout plan is to ensure the grading for sites/lots integrates with the sidewalk, enough right of way is reserved to facilitate construction meeting ADA standards, pedestrian facilities on and along sidewalks are accessible, ADA compliant cross slopes are carried across proposed streets, driveways, and entrances, and fixed objects do not protrude into pedestrian travel routes. Items to include in this plan are: (1) Sidewalk width (2) Sidewalk running slope and cross slope (3) Slopes adjacent to the sidewalk (4) Curb ramp width, length, slope, and associated elevation callouts (5) Detectable warning tile locations (6) Gutter to curb ramp transitions, slope, and elevations UNIFIED DEVELOPMENT CODE PAGE

158 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS 406 (7) Location, dimension, slopes, and elevations of level landing pads (8) Right of way requirements at intersections and ramps allowing for construction of curb ramps and/or pedestrian traffic signal components (9) Pedestrian facility locations including traffic signal actuating buttons and other pedestrian elements (10) Temporary facilities provided for existing public sidewalks that are blocked during construction h. Street Lighting. All new subdivisions require street improvements shall provide a metal poles and a metal cobra head type light as defined in the Design and Construction Manual. E. Lot Arrangement. 1. Generally. All lots that result in buildable lots shall consider the following: a. Zoning district requirements for the existing or proposed zoning district. b. Access standards and limitations based on the specific Street Type at the lot frontage. c. Easements required to provide all services to the lot. d. Topography or other natural features or constraints of the specific property. 2. Lot Lines. Side lot lines shall be generally perpendicular to the right of way lines or radial to curved streets. Following completion of streets in a development, a recognizable mark, acceptable to the Director of Public Works, shall be cut in the back face of curbing to show the intersection point of all side lot lines extended to said streets. Such marks shall be in evidence when the street is inspected for final acceptance by the City. 3. Lot Access. Lot access shall be limited by the specific street type, and the access guidance provided for each street. Access for any street may be further modified by any specific access management study. Where access is limited by these standards and guidelines, alternative access through shared drives, internal access lanes, or alleys shall be considered. F. Street Construction Specifications. 1. Approval of Grades. Final calculated street profiles will be required in submittal of construction plans required after approval of the Preliminary Plat. Details for the following list of items are covered in the Public Works Design and Construction Manual and the design and construction shall meet the standards and requirements set out therein. Maximum and Minimum Grades Compaction Requirements for Cut and Fill Areas Approval of Subgrade Sewer and Water Work Before Base Constructionr Sidewalk Design and Construction Asphaltic Concrete Streets Storm Sewers and Inlets Temporary Turnarounds. Street Lights UNIFIED DEVELOPMENT CODE PAGE

159 SUBDIVISION DESIGN AND IMPROVEMENTS TRANSPORTATON NETWORKS, BLOCKS, STREET TYPES & LOTS Exceptions for Existing Improvements. a. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this Chapter and are in good condition as determined by the City Council upon its consideration of the opinion of the Director of Public Works, no further provision need be made by the subdivider or owner to duplicate such improvements. However, where such existing improvements do not meet said requirements as determined by the City Council upon its consideration of the opinion of the Director of Public Works, the subdivider or owner shall provide for the repair, correction, or replacement of such improvements so that all final improvements will then meet or exceed said requirements as determined by the City Council upon its consideration of the opinion of the Director of Public Works. b. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Development Code or by the policy of the City Council; and the subdivider or owner of such proposed subdivision shall provide additional roadway pavement meeting the minimum standards set by this Development Code and the City Council. The City Council shall determine what adjustment to make where the aforesaid widening merges with existing streets which are of smaller width at the boundary of such proposed subdivision. The City Council may reduce the minimum roadway system in the proposed subdivision if the extension of such roadway is already improved at each end of such roadway in the subdivision and the roadway in the proposed subdivision is two (2) blocks or less in length. Section Open Space System. A. Intent. The intent of this section is to: 1. Establish a system of open spaces as an important part of the civic infrastructure of the community. 2. Value the design, function, appropriate application of different types of open space, rather than solely the quantity of space. 3. Recognize open space, whether public, common or private, as a key determinant of community character. 4. Develop a greater perceived impact from open space by coordinating the design and location of open spaces throughout development and across multiple development projects. 5. Consider the context and multiple functions that open spaces can serve to support development, including ecological, recreation, aesthetic and urban design functions. 6. Create focal points for the community, neighborhood, district, or development site to which private development and site plans should respond to. 7. Integrate natural systems into the design of common or public open spaces. 8. Preserve buffers along stream corridors. UNIFIED DEVELOPMENT CODE PAGE

160 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 B. Applicability. 1. Generally. These standards apply to all divisions of land involving more than 5 acres. All platted lots shall have access to one or more of the Open Space Types in this Section, within the specified service area. 2. Exceptions. Any lot platted within the service area for any of the Open Space System types below does not require any new civic spaces, provided (a) it is public or (b) it is private or common and the property owner has a right to access this property through easements, covenants or other formal documentation of the entity with ownership and control of the civic space. 3. The open space requirement is in addition to any landscape, setback, buffer or Frontage Type requirement, however effective site design can allow areas to meet multiple standards. C. Open Space Types. Open space systems shall be designed based on the planning context. The following tables indicate the types of open spaces that are eligible for each particular area based on the Place Types in the Comprehensive Plan. Standards and specifications for each open space type are provided in sub-section E. Table : Open Space Systems - Context Neighborhoods Gathering Places Neighborhood Center Business Hub Distinct Destination Corridor Reinvestment Area Open Space Future Growth Area Preserve Greenway Park Trail Green Square Plaza Pocket Park Community Garden The Open Space System in Future Growth Areas should be an extension of existing systems, and support the particular places and contexts that emerge as growth occurs in these areas. D. Requirements. UNIFIED DEVELOPMENT CODE PAGE

161 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS Amount. The amount of space required shall be based on the base zoning district(s) proposed or existing for the project and based on the table below. Table : Open Space Systems - Amount RE n/a SF-12, SF-7, N-L 10% TF, MF-10, MF-14, MF-18, N-O 15% NB, SO 8 % GB, RC 12% LI, HI n/a APD-O 15%, unless modified by development plan that equally or better meets the intent of the Open Space System standard and the ADP-O district. PR-O 15%, unless modified by development plan that equally or better meets the intent of the Open Space System standard and the PR-O district. 2. Location Criteria. The following location criteria shall be used in determining the most appropriate locations and characteristics of land to be designated as required Open Space Systems. a. Priority should be given to areas that provided the most visible impact. (1) Formal open spaces (Pocket Parks, Greens, Squares, or Plazas) should be located at prominent focal points within a subdivision or development site, and included in or designed as an effective extension of the public rights-of-way, or other common areas. (2) Natural open space (Preserves, Parks & Greenways, Trails, or Large Parks) should be located along prominent ridges, valleys and view corridors or areas where other natural features such as significant vegetation or water features exist.. See the Public Works Design and Construction Manual Section 5600 for stream buffer requirements. b. Open spaces should be located to provide the greatest connectivity of open space systems with adjacent and future development sites. (1) Formal open space should be located according to an overall urban design theme for the area, considering where planned future transportation systems, block patterns, and key building and site entrances will be located for the site and for adjacent areas. (2) Natural open space should be located in areas that have the greatest potential for future expansion and connectivity to land areas with similar physical features and ecological characteristics on adjacent sites. c. Open space shall be located in areas that maximize its functional characteristics. (1) Formal open space shall be centered in areas that will have the greatest population density or development intensity in order to provide the greatest pedestrian accessibility possible. (2) Natural open space shall be located in areas where the ecological, aesthetic, and recreational impact will be the greatest. 3. Reductions of Open Space Requirements. The amounts required in sub-section 2 above may be reduced: UNIFIED DEVELOPMENT CODE PAGE

162 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 a. Based on a plan through the planned development process that meets or exceeds the intent of this section; b. To the point where any lesser percentage of open space will clearly meet both the service area and level of service targets identified in sub-section E. below; or c. Any application that dedicates open space to the public in a type, location and design standard that is acceptable to meet general public needs. E. Design Standards. Open Space Systems shall be designed according the specific type, and the standards below for each different type. Preserve The size, location, and design of a Preserve shall be dependent on the planning context, the presence of natural amenities and ecological functions worthy of protection, and the ability of the designated area to provide significant continuity with nearby natural features. However in general these areas should provide the opportunity of at least 10 acres of contiguous preserved area; and ideally up to 50 or more acres. Service Area: N/A Level of Service: 1 0 ac. Per 1,000 people Design Elements Preserves include any area of existing or restored natural areas such as riparian corridors, flood hazard areas, unique geological formations, important habitats, significant plant types or substantial groupings of important plant types, wetlands, etc. The goal is to protect the edges to maximize intact areas that provide valuable ecosystem services for development, support preservation goals or enhance the aesthetics and amenities of the area. Location and Design should be based on the guidance of Appendix A3 of the Comprehensive Plan, Natural Resources and Open Space Policy Map, and areas capable of expansion through further adjacent preservation efforts may be viewed more favorable Park or Greenway UNIFIED DEVELOPMENT CODE PAGE

163 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 Size 2 5 acres (Neighborhood) 5-10 acres (community) Service Area ¼ mile (Neighborhood) ½ mile (Community) Level of Service 10 ac. Per 1,000 people Design Elements Parks shall generally be at least 300 wide in all directions, except that linear natural features ( Greenway ) may be designed as a park with portions as narrow as 40 provided it has significant continuity between the natural area and other open space features and preserve significant aesthetic and ecological functions One large shade tree for every 40 of street frontage, plus 3 large shade trees per acre; 5 small shade trees or ornamental trees per acre. Between 30% and 70% of the area should be allocated to structured recreation such as ball fields, playgrounds or sport courts. The remainder of the area should be allocated to ground cover, treed areas, garden, lawns or other landscape amenity. Greenways should include a trail of 8 to 12 wide may be included to provide connections along bicycle or pedestrian routes and destinations. Pocket Park Size ¼ to 2 acres. Service Area All blocks within 1,320 feet walking distance. Level of Service 10 ac. Per 1,000 people Design Elements Pocket Parks shall generally be at least 50 wide in all directions. One large shade tree for every 40 of street frontage, plus 1 large shade trees per acre; 3 small shade trees or ornamental trees per acre. Between 30% and 70% of the area should be constructed recreation surfaces such as playgrounds or sport courts. The remainder of the area should be allocated to ground cover, treed areas, garden, lawns or other landscape amenity. UNIFIED DEVELOPMENT CODE PAGE

164 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 Trail Size 20 min. width; Trails shall be located to provide continuity through the area, with existing or likely connections to other supporting facilities and the ability to link important destinations for those on foot or on bicycle. Service Area 1/8 mile Level of Service 10 ac. Per 1,000 people Design Elements Trails should include a paved or otherwise dust free stabilized surface at least 8 min width; 10 min. if shared bike / pedestrian trail The landscape buffer on each side of the trail should be at least 6 min. On large shade tree for every 100 of trail length; 2 small shade trees or ornamental trees for every 100 of trail length. Trails located along rights of way may be designed in conjunction with the overall cross-section design of the right-of-way to create the optimal multi-modal design for the street and trail. Green Size 2 to 3 acres Service Area 2,000 feet Level of Service 5% to 10% of non-right-of-way land area; OR 1 to 2 ac. Per 1,000 people. Design Elements Greens shall be at least 250 wide in all directions, and should generally have width:depth proportion between 2:1 and1:2 Greens should have a public street along at least 2 sides; streets should be designed for multi-modal transportation with direct pedestrian access to the street. Buildings fronting on the green should be designed with frequent entrances and outdoor seating areas to activate the space. One large shade tree for every 25 of street frontage; and one small shade tree or ornamental tree for every 2,000 square feet. At least 20% of the area shall be designed for formal gathering such as seating areas and other areas of concentrated amenity that serve as a focal point of the Green. UNIFIED DEVELOPMENT CODE PAGE

165 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 At least 50 % of the area shall be allocated to ground cover, treed areas or other landscape amenity. Square Size 1 to 2 acres Service Area 1,000 feet Level of Service 5% to 10% of non-right-of-way land area; OR 1 to 2 ac. Per 1,000 people. Design Elements Squares shall be at least 150 wide in all directions, and should generally have width:depth proportion between 2:1 and1:2 Squares should have a public street along all sides and be designed as a focal point for abutting blocks; streets should be designed for multi-modal transportation with direct pedestrian access to the street. One large shade tree for every 40 of street frontage; and one small shade tree or ornamental tree for every 2,000 square feet. At least 50% of the area shall be designed for formal gathering such as seating areas and other concentrated amenity. At least 25% of the area shall be allocated to planter beds, seasonal plantings foundation plants, garden, lawns or other landscape amenity. Plaza Size 1/8 to 1 acre Service Area On block or immediately abutting blocks Level of Service 5% to 10% of non-right-of-way land area; OR ½ to 1 ac. Per 1,000 people. Design Elements Plazas shall be at least 60 wide in all directions, and should generally have width:depth proportion between 2:1 and1:2 Plazas should have a public street along at least 2 sides; streets should be designed for multi-modal transportation with direct pedestrian access to the street. Plazas should include seating, art, formal landscape and other amenities and ornamentation as a focal point for Gathering Places. Buildings fronting on the plaza should be designed as street front buildings with frequent windows and entrances to activate the space. One large shade tree for every 40 of street frontage; and one small shade tree or ornamental tree for every 2,000 square feet. At least 10% of the area shall be allocated to planter beds, seasonal plantings or foundation plants. UNIFIED DEVELOPMENT CODE PAGE

166 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 Community Garden Size 1/8 to 3 acres Service Area 1,000 feet Level of Service 5% to 10% of non-right-of-way land area; OR ½ - 1 ac. Per 1,000 people. Design Elements Community Gardens shall be at least 25 wide in all directions. Community gardens should have public access along the streetscape of at least 25. Community gardens should be organized and run by a property management association, non-profit organization or public entity, and be open to people within a defined safe area. Community gardens should be used for crops only and managed through practices that create no adverse effects on the adjacent property, including odors, pests, and maintenance activity. F. Ownership and Management. Required Open Space shall require specific designation on the final plat, including the ownership and management disposition and a no-build easement across such open space which may not be released without written consent of the City Council. Options for ownership and management of preserved area include: 1. Creation of or dedication to a non-profit entity capable of carrying out the ownership and management. 2. Creation of a Homeowners and/or Leaseholders Association capable of carrying out the ownership and management. 3. Private ownership provided the open space is platted as part of a defined lot in the subdivision, and includes covenants and other restrictions that will maintain the area as private open space. All Open Space shall require documentation that demonstrates the ongoing maintenance and management of the space, including the administrative and financial means to provide maintenance and management and a no-build easement dedicated for use by the residents of the development or the public which may not be released without the written consent of the City Council. This documentation shall be included as part of the final plat application and recorded with the approved final plat. Dedication to the City or other public entity subject to acceptance by and at the sole discretion of the City or other public entity satisfies this requirement. Section Sewer and Water Utilities. UNIFIED DEVELOPMENT CODE PAGE

167 SUBDIVISION DESIGN AND IMPROVEMENTS OPEN SPACE SYSTEMS 406 [Ord. No , ] Sanitary sewer and water supply facilities shall be designed and located according to specifications and procedural requirements of the Design and Construction Manual and with requirements of the Missouri Department of Natural Resources, Missouri Department of Health, and Missouri Clean Water Commission. This document is hereby made a part of this Chapter as though expressly rewritten and incorporated herein. Section Drainage System. [Ord. No , ; Ord. No , ; Ord. No , ] A. General Standards. In the planning and design of stormwater management systems in the, the design criteria set forth in the latest edition of the Blue Springs, Missouri Design and Construction Manual, shall be used. This document is hereby referenced and made a part of this Chapter as though expressly incorporated herein. It is the policy of the City to encourage the owner to locate and design streets, blocks, lots, parks and open space in such a manner as to reduce the velocity of overland flow; allow the maximum opportunity for infiltration of stormwater into the ground; and to preserve existing streams, channels, detention basins and flood plain areas as open space. Where the stormwater management plan, as approved by the Director of Public Works, indicates that the proposed development will aggravate downstream drainage or flooding problems, provisions shall be included in the design of storm drainage improvements for the temporary controlled detention of stormwater runoff and its regulated discharge to the downstream storm drainage system. If storm water detention is required, the criteria and policies set forth in the following paragraphs shall be applied in the design and development of the final stormwater management plan for the proposed project. B. Flood Plains. When the proposed development abuts, includes, or encompasses a portion of a flood plain, as defined herein, the professional engineer, preparing the stormwater management plan, shall review and in all ways comply with requirements of other City ordinances regarding construction of buildings and other development in the flood plain areas of the City. The engineer shall also consult the flood insurance study as previously prepared for the City by the Federal Insurance Administration. Any modification to the flood plain shall be submitted to the Federal Emergency Management Agency (FEMA) for a revision to the National Flood Insurance Program (FIRM ) maps. All cost for the map revision or amendment shall be at the expense of the owner. Section Easements. UNIFIED DEVELOPMENT CODE PAGE

168 SUBDIVISION DESIGN AND IMPROVEMENTS EASEMENTS 406 [Ord. No , ; Ord. No , ] A. Public Utility Easements. All public utilities, including lines for street lighting systems, which traverse privately owned property, shall be protected by easements granted by the owner to the appropriate public utility, and approved by the public utility. Such easements shall be so located to minimize interference with the use of any lot or other part of the subdivision. All easements shall be accessible from the public right of way. The size of and restrictions pertaining to such easements shall be in accordance with the standards and specifications of the agency having jurisdiction over the utility lines and the subdivision, and shall be indicated on both the Preliminary Plat and the Final Plat submitted for approval. B. Drainage Easements. 1. When a subdivision is traversed by a watercourse, drainage channel or stream there shall be provided an easement for drainage purposes adequate to convey the runoff from the one hundred (100) year storm. 2. All drainage streams or channels shall be of such dimension as is necessary to include the full width of the drainageway as established by standards of the Kansas City Metropolitan Chapter of the American Public Works Association. Design and construct manufactured channels with a level area alongside of at least ten (10) feet in width to provide access for equipment necessary for construction, cleaning and maintenance of the drainageway. 3. Any portion of a subdivision that falls within Flood Zone A as established by the Flood Insurance Rate Map shall be identified on the Preliminary and Final Plat and designated as a drainage easement. 4. No fence, wall, planting, building or other obstruction may be placed in a drainage easement without approval of the Director of Public Works. There shall be no alteration of the grades or contours within a drainage easement without the approval of the Director of Public Works. D. Landscape Easements. Where a non-access reservation is required under this Chapter, a landscape easement shall be shown on the Preliminary and Final Plat. Said landscape easement shall be immediately adjacent to the major street right-of-way and shall be the full width of the landscape buffer required by Chapter 407. The Final Plat and Property Owners' Association deed restrictions shall contain language as approved by the Director of Community Development which identifies the Property/Home Owners' Association as the entity which shall have permanent responsibility and authority to enter upon said landscape easement to maintain, plant, replant, replace, mow, clip, trim, spray, chemically treat, repair, and otherwise maintain any and all grass, trees, shrubs, flowers, plants, fences and walls. As an alternative, a separate tract of land of at least the same width required for the landscape buffer and subject to the same language outlined above may be utilized instead of the landscape easement. No solid fence or wall may be located within the separate tract or landscape easement. Wrought iron, split rail or other see-through fences may be located within the separate tract or landscape easement. Such fences must be of the same type and style so as to be uniform in appearance along the entire frontage of the subdivision, and may be no closer than five (5) feet from the right-of-way line of the abutting street. UNIFIED DEVELOPMENT CODE PAGE

169 SUBDIVISION DESIGN AND IMPROVEMENTS EASEMENTS 406 E. Cross-Access Easements. Unless waived by the City Council, any plat of a nonresidential subdivision which abuts an arterial, major, or minor collector street shall provide an easement for the purpose of cross access between the lots within the subdivision and the lots to which the subdivision adjoins. Such right of access shall be noted on the Preliminary and Final Plat of the subdivision. Said cross-access easement shall be paved to specifications required for a residential street and shall be maintained by the owner of the underlying property. Failure to construct and/or maintain said paved area shall be unlawful. F. No-Build Easements. Any plat of a subdivision shall show upon all open space a no build easement that restricts the types of structures that may be constructed and maintained within the open space which shall be dedicated to either the owners of property within the platted area or the public and which may not be released except by action of the City Council. Section Erosion Control. [Ord. No , ; Ord. No , ] Since considerable erosion can take place prior to the construction of houses and other buildings, facilities, and features in a subdivision, the stormwater management plan and construction plans for a subdivision shall contain properly designed measures, as described and required by the "Design and Construction Manual", to control erosion and sediment discharge which would emanate from the subdivision area, especially within all critical drainage watershed areas (as determined by the Director of Public Works). The measures shall be incorporated into the final construction drawings. The measures shall apply to all street and utility installations as well as to the protection of disturbed land. Measures shall be instituted to prevent or control erosion and sedimentation during the various stages of construction of the subdivision. An erosion control plan must be submitted and approved by the Director of Public Works prior to starting construction. This plan should include regulatory mechanisms to control erosion and sediment to the maximum extent practicable and allowed under State law. In addition to the erosion plan, the owner must provide documentation to the Director of Public Works satisfaction that it has received its NPDES permit from the Missouri Department of Natural Resources. Failure to comply with erosion control plan will result in revocation of the construction permit until the project is brought into compliance. Silting basins or diversion channels will be required during the construction period to insure that mud and other debris is not washed into natural watercourses or new or previously constructed storm sewers. The Director of Public Works may impose supplemental requirements or may delete requirements regarding sediment and erosion control measures if the Director of Public Works determines that additional or revised requirements are justified or that planned measures will not adequately control erosion during construction. Each person building any structure upon individual lots shall maintain erosion control measures. The City s Codes Administration office shall oversee erosion control measures on individual lots after platting and the lots are released for construction. UNIFIED DEVELOPMENT CODE PAGE

170 SUBDIVISION DESIGN AND IMPROVEMENTS PROPERTY OWNERS ASSOCIATIONS 406 Section Property Owners' Associations. [Ord. No , ] Owners shall form or cause to have formed a Property Owners' Association in accordance with the following standards. A. Recordation. The association shall be established in recorded subdivision restrictions and duly incorporated before any lot within the subdivision is sold. B. Membership. Membership in the Property Owners' Association shall be mandatory for each owner of real property within the subdivision. C. Responsibilities. Common open space, subdivision entrance structures, or recreational ground must be owned and maintained by the Property Owners' Association in perpetuity. The Property Owners' Association shall be responsible for payment of property taxes on and maintenance of all common open space areas and facilities, maintenance of liability insurance, and other related duties of ownership. D. Establishment of Property Owners' Association. The owner shall file a declaration of restrictions and a declaration of Property Owners' Association with the Preliminary and Final Plats when approval is sought, setting forth the above conditions and other features of the Property Owners' Association which has been approved by the City Attorney. The owner shall supply to the City Council and the Planning Commission a copy of the articles of incorporation and a complete set of the bylaws of the Property Owners' Association. Said declaration of restrictions and declaration of Property Owners' Association shall be recorded along with the Final Plat. The City Council may require, that, in addition to insertion of covenants or provisions creating easements and provisions for mandatory membership in the Property Owners' Association in all deeds to home buyers, and the owner grant an easement over all common open space to the City to insure that the area will remain open in perpetuity. Such an easement is intended to preclude development and preserve common open space; it may, however, provide (at the option of the Property Owners' Association) for public access to, or use of, common open space. If a development plan includes construction of a landscaped decorative entryway, islands, statuary or other aesthetically oriented theme or identity amenities which are to be located within an easement, the Property Owners' Association shall be specifically charged with the responsibility for perpetual maintenance of such areas. This shall not apply to landscaping within the median strip of arterial or major collector streets where City maintenance is provided. In the event that a Property Owners' Association established to own or maintain common open space, or any successor association, shall at any time after development of a residential subdivision, fail to maintain the common open space in reasonable order and condition, the City Administrator or his designee may serve written notice upon such association setting forth the manner in which the association has failed to maintain the common open space, and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state the date and place of a public hearing thereon which shall be held within fourteen (14) days of said notice. At such public hearing, the City Council may modify the terms of the original UNIFIED DEVELOPMENT CODE PAGE

171 SUBDIVISION DESIGN AND IMPROVEMENTS PROPERTY OWNERS ASSOCIATIONS 406 notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof are not corrected within said thirty (30) days or any extension thereof, the City Council, in order to preserve the taxable values of properties within the residential subdivision and to prevent the common open space from becoming a public nuisance, may authorize appropriate City employees or their agents to enter upon said common open space and maintain the same for a period of one (1) year at the cost of the owner s property served by the improvement so maintained. Said entry and maintenance shall not vest in the public any rights to use the common open space. Before expiration of said year, the City Council shall, upon its own initiative or upon request of the Property Owners' Association theretofore responsible for maintenance of the common open space, call a public hearing upon notice to such association, or to residents of the residential subdivision, at which public hearing the City Council shall decide whether or not such maintenance by the City should continue for a succeeding year. If the City Council shall determine that the Property Owners' Association is ready and able to maintain the common open space in reasonable condition and order, the City shall cease to maintain the common open space at the end of said year. If the City Council shall determine that such association is not ready and able to maintain the common open space in reasonable condition and order, the City Council may, in its discretion, continue to maintain the common open space during the succeeding year and, subject to a similar public hearing and determination, in each year thereafter. The cost of such maintenance by the City shall be assessed proportionally against all properties within the residential subdivision that have a right of use and enjoyment of the common open space, and shall become a tax lien on said properties upon certification of the costs thereof to the City Clerk by the Director of Public Works. Section Historical Sites. [Ord. No , ] Any sites considered to have historical significance, either by the City, the developer, or Federal agencies, shall be designated on any plan or plat within which said sites may be located. Section Financial Guarantees. [Ord. No , ] Owners may be required to furnish such financial guarantees as allowed by law, performance bonds, escrow deposit, or other financial guarantees as may be determined by the City Council to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion. Section Alternative Design and Materials Usage. UNIFIED DEVELOPMENT CODE PAGE

172 SUBDIVISION DESIGN AND IMPROVEMENTS PROPERTY OWNERS ASSOCIATIONS 406 An owner may seek approval by filing an application form approved by the Directors of Public Works and Community Development, to use different or alternative designs and materials than those allowed under the UDC and the Public Works Design and Construction Manual for a public improvement or impervious surface. The Directors may consider such request and if unanimous in their determination that (1) such usage exceeds the requirements and purpose of the requirement contained within the Manual or the UDC, (2) the material or design requested is a functional equivalent of the requirement contained in the Manual or the UDC and (3) such usage shall advance or meet a stated goal or policy adopted by the City Council, they may submit a recommendation to the Planning and Zoning Commission for consideration of such a request. Should the two directors fail to both agree that such usage meets the criteria of this Section, then the applicant shall use the materials and methods set out in the UDC and the Manual. The Planning and Zoning Commission and Council shall not consider the request unless the two Directors make a finding together that the usage meets the criteria of this Section. If the Planning and Zoning Commission approves such request following referral after the Directors finding, then the applicant may use such alternative design or material in constructing improvements. If the Commission denies the request, the applicant may appeal this denial to the City Council for consideration. The City Council may approve, modify or deny the request in its total discretion. Should the request be approved, the design and construction of the improvement shall meet all the other requirements of the City Codes and be accepted by the City only upon compliance with procedures for the acceptance of other improvements. UNIFIED DEVELOPMENT CODE PAGE

173 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Chapter 407. General Development Standards Section Parking and Loading Section Block and Lot Access Section Frontage Design Section Site and Landscape Design Section Operation and Performance Section Outdoor Lighting Section Stormwater Design Section Residential Design Section Non-residential Design Section Underground Utility Section Minimum Livable Floor Area All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City s Website. Section Parking and Loading. [Ord. No , ; Ord. No , 29, 31, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , 33, ; Ord. No , ] A. Intent. It is the intent of this Section is to: 1. Emphasize the importance of site access from a variety of modes of transportation wherever appropriate. 2. Provide the optimal amount of vehicle parking for individual sites, recognizing that both too little parking and too much parking create negative impacts. 3. Ensure the appropriate site location and design features that mitigate the impact of parking on the public realm, and urban design goals for a district or adjacent sites. 4. Reduce or minimize runoff from surface parking. 5. Promote efficient site design and avoid the need to dedicate areas of individual and adjacent sites to underutilized or redundant vehicle parking. B. Applicability. The standards of this section shall apply to: 1. All new site plans or development applications; 2. Any change of use or expansion of an existing use, except that the application shall only be responsible for the additional parking required for that use, and any existing deficiencies may be credited at the directors discretion; and 3. The location, design and screening standards shall apply to all new parking areas, and to renovations and expansions of existing parking to the extent practical. Except when more than 25% of the parking capacity or more than 50% of the area is being altered, full compliance shall be required. UNIFIED DEVELOPMENT CODE PAGE 407-1

174 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING For infill and rehabilitation projects, the Community Development Director may waive the applicability of this section where these standards would result in less than 10% additional parking requirements. C. Required Parking. 1. Minimum Vehicle Parking. Off-street vehicle parking spaces shall be provided in accordance with Schedule A, B, and C. Schedule A: Off-street Parking Use Type Residential Uses Assisted Living Duplex Group Home Group Residential Manufactured Housing Unit Mobile Home Required Space 1 per dwelling unit 2 per dwelling unit 1 per employee, plus 1 per four residents 1 per two residents 2 per dwelling unit 2 per dwelling unit Multi-Family 1 per efficiency unit, 1.5 per one-bedroom unit, and 2 per two-or more bedroom units Single-Family, Attached 2 per dwelling unit Single-Family Detached 2 per dwelling unit Public, Quasi-public and Commercial Uses Adult Entertainment Establishment Airport or Airstrip Animal Care, General Animal Care, Limited Auditorium or Stadium Bank or Financial Institution Bar or Tavern Car Wash Cemetery Club, Private College or University Construction Sales and Service Convalescent Care Correctional Facility 1 per 75 square feet Spaces to be provided pursuant to Schedule C 1 per 400 square feet 1 per 300 square feet Spaces to be provided pursuant to Schedule C 1 per 200 square feet, plus stacking spaces per Section (F) 1 per 75 square feet Stacking spaces per Section (F) Spaces to be provided pursuant to Schedule C 1 per 4 persons capacity Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule B 1 per 4 beds patient capacity, plus 1 per two employees Spaces to be provided pursuant to Schedule C UNIFIED DEVELOPMENT CODE PAGE 407-2

175 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Schedule A: Off-street Parking Use Type Required Space Cultural Service Day Care (Limited, General, Commercial) Funeral Home Golf Course Government Service Health Club Heliport or Helipad Hospital Hotel or Motel Library Marina Medical Service Military Service Mobile Home Sales Office, General Parks and Recreation Post Office Recreation and Entertainment, Indoor Recreation and Entertainment, Outdoor Recreational Vehicle Park Religious Assembly Repair Service Research Service Restaurant, Fast-Food 1 per 500 square feet 1 per employee, plus 1 per ten pupils 1 per four-person capacity 4 per hole, plus spaces required for restaurant and bar area 1 per 300 square feet 1 per 200 square feet None 1 per 4 beds patient capacity, plus 1 per two employees 1 per guest room, plus 1 per 10 guest rooms, plus required spaces for restaurant, assembly and other uses within hotel/motel 1 per 500 square feet 1 per boat slip 1 per 200 square feet Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule B 1 per 300 square feet, but in no case shall parking be provided at greater than 1 space per 200 square feet Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule C 1 per three seats (Theaters) 1 per 400 square feet (Other) Spaces to be provided pursuant to Schedule C 1 per camping space 1 per four seats 1 per 400 square feet 1 per 300 square feet 1 per 75 square feet of customer service or dining area; 1 per 200 square feet if no customer service or dining area, plus stacking spaces per Section (F) UNIFIED DEVELOPMENT CODE PAGE 407-3

176 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Schedule A: Off-street Parking Use Type Required Space Restaurant, General Retail Sales and Service Safety Service School, Elementary, Middle or High Service Station With Mini-Mart Shooting Range Studio, Television or Film Vehicle and Equipment Sales Vehicle/Equipment Storage Yard Vehicle Repair, General and Limited Vocational School Warehouse, Residential Storage 1 per 150 square feet for first 2,500 square feet, plus 1 per 100 square feet over 2,500 square feet 1 2,000 square feet = 1 per 400 square feet 2,001 25,000 square feet = 1 per 200 square feet 25, ,000 square feet = 1 per 250 square feet 400, ,000 square feet = 1 per 225 square feet 600,001+ square feet = 1 per 200 square feet In no case shall parking for a retail development be provided so that more than 1 space per 200 square feet is exceeded. Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule C 1 per service bay, plus 0.5 per pump 0.5 per pump plus 1 space per 300 square feet of retail floor area Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule C Two (2) spaces per service bay; service bay is not a parking place, plus one (1) space for each employee on the work shift containing the maximum number of employees 1 per three students, plus 0.5 per faculty member 1 per five storage bays or 1 per 1,000 square feet, whichever produces less spaces Manufacturing, Industrial and Extractive Uses Asphalt or Concrete Plant Basic Industry Compost Facility Food/Bakery Product Manufacturing Freight Terminal Gas and Fuel Sales Gas and Fuel Storage Hazardous Operation Landfill 1 per employee Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule C 1 per 1,000 square feet or 1 per employee, which results in more spaces Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule B 1 per employee Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule C UNIFIED DEVELOPMENT CODE PAGE 407-4

177 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Schedule A: Off-street Parking Laundry Service Use Type Manufacturing and Assembly Mining or Quarrying Oil or Gas Drilling Oil Refining Printing and Publishing Recycling Processing Center Salvage Yard Solid Waste Collection/Processing Stockyard Transit Facility Utility, Major Utility, Minor Warehousing and Wholesale Welding or Machine Shop Agricultural Uses Agricultural Processing Agricultural Sales and Service Agriculture, General Agriculture, Limited Required Space 1 per 1,000 square feet or 1 per employee, which results in more spaces Spaces to be provided pursuant to Schedule B 1 per employee 1 per employee 1 per employee 1 per 1,000 square feet or 1 per employee, which results in more spaces Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule C 1 per employee Spaces to be provided pursuant to Schedule C Spaces to be provided pursuant to Schedule B None Spaces to be provided pursuant to Schedule B 1 per 1,000 square feet or 1 per employee, which results in more spaces Spaces to be provided pursuant to Schedule B Spaces to be provided pursuant to Schedule B None None Schedule B: Off-street Parking Activity Required Spaces Office or administrative area Indoor sales, service or display area Outdoor sales, service or display area (3,000 square feet in area or less) Outdoor sales, service or display area (over 3,000 square feet in area): Motor Vehicles and Heavy Equipment Sales/Storage Other Sales/Service/Display 1 per 300 square feet, but in no case greater than 1 space per 200 square feet. 1 per 500 square feet, but in no case greater than 1 space per 400 square feet. 1 per 750 square feet, but in no case greater than 1 space per 500 square feet. 1 space per 1,000 square feet but in no case greater than 1 space per 750 square feet. 1 per 2,000 square feet 1 per 1,000 square feet UNIFIED DEVELOPMENT CODE PAGE 407-5

178 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Schedule B: Off-street Parking Activity Indoor storage, warehousing, equipment servicing or manufacturing area Required Spaces No to exceed 1 space per 1,000 square feet Schedule C: Off-street Parking "Schedule C" uses have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard. A developer proposing to develop or expand a Schedule C use shall submit a parking study that provides justification for the number of off-street parking spaces proposed. The Director of Community Development shall review this study and any other traffic engineering and planning data that are relevant to the establishment of an appropriate off-street parking standard for the proposed use. A parking study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) and data collected from uses or combinations of uses that are the same or comparable to the proposed use. Comparability shall be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations. After reviewing the parking study, the Director of Community Development shall establish a minimum off-street parking standard for the proposed use. 2. Computing Off-Street Parking and Loading Requirements. a. Multiple uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses, except that the shared parking matrix in Section (D)(7) shall be used to convert the maximum parking limits. b. Fractions. When the required spaces result in fractions, any fraction of one-half (½) or less shall be disregarded and any fraction of more than one-half (½) shall be rounded upward to the next highest whole number. c. Area. All square footage-based parking and loading standards shall be computed on the basis of gross floor area, except where the parking schedules note otherwise. d. Employees, students and occupant-based standards. Parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum firerated capacity, whichever is applicable and whichever results in the greater number of spaces. e. Unlisted uses. Uses not specifically listed in an off-street parking schedule shall use the required parking for the listed use deemed by the Director of Community Development to be most similar to the use proposed or require a parking study in accordance with Schedule C. f. Off-Street Parking for Persons With Disabilities. Off-street parking facilities shall be designed and constructed in accordance with all requirements of the Americans with Disabilities Act and the Uniform Federal Accessibility Standards. UNIFIED DEVELOPMENT CODE PAGE 407-6

179 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING Maximum Parking. No site shall provide more than 25% above the parking required by this section. No site shall provide more than 10% above the parking required by this section without providing one or more of the following mitigating design elements: a. Additional open space of at least 50% of the excess area of parking, and designed to the standards of Open Space Types in Section or Frontage Types in Section , and located in a way to minimize the impact of parking on streetscapes and adjacent sites. b. Design the excess space for dual purposes as gathering space or other pedestrian-scale, landscape or urban design purposes generally, but accommodate limited or overflow parking at other times c. The surface of lessor used or overflow parking shall be designed as porous surface that allows storm water to be infiltrated. Any porous surface shall demonstrate that it has the same or better performance standards than standard parking surfaces and be approved by the Director of Public Works who may require enhanced storm water performance for the entire parking area. Porous surfaces should be designed according to the Mid America Regional Council and American Public Works Association Manual of Best Management Practices for Stormwater quality. A plan for routine and long term maintenance shall also be submitted to ensure the continued performance of the porous system. d. The landscape material required by this Section shall be increased by 15% and located in a and located in a way to minimize the impact of parking on streetscapes and adjacent sites 4. Bicycle Parking. All non-residential or multifamily uses within 1,000 feet of a designated bicycle route shall provide the following bicycle parking spaces. Table : Bicycle Parking Activity Required Spaces Primary or secondary School Retail or office uses Other Institutional or Entertainment uses Industrial Uses Residential 20% of the number of students; AND 3% of number of employees 10% of the required vehicle spaces. 5% of the required vehicle spaces. 3% of the number of employees. 1 per dwelling unit 5. Use of Parking Area. Required parking areas shall be used solely for the parking of vehicles and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes, inoperable vehicles or materials. Temporary uses, special events, and other seasonal site and building uses enabled by other sections of this Code may allow alternative utilization of parking areas based on the standards and criteria of those sections. Off-street or on-street parking of vehicles weighing more than six (6) tons or containing more than two (2) axles UNIFIED DEVELOPMENT CODE PAGE 407-7

180 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 shall be prohibited in MF-18 and less intensive districts. This provision shall not prohibit temporary parking of vehicles making pickups or deliveries. D. Parking Reductions. The parking required by sub-section C. may be reduced depending on context, and according to the following strategies: 1. On-street Parking Credit. All on-street parking within 300 of any lot frontage shall count towards the parking requirement at a rate of 1 space for every 2 onstreet spaces. 2. Bicycle Parking Credit. All on-site bicycle parking designed and located according to the Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines may reduce the required vehicle parking at a rate of 1 space for every 4 bicycle parking spaces up to a maximum of 20% of the required vehicle parking. 3. Walkable Development Credit. All retail, service or institutional uses may reduce the required vehicle parking by: a. 5% if there are more than 1,000 dwelling units within ½ mile, measured along the direct pedestrian connections; and b. 10% for all sites fronting on an Activity Street as defined in Section (D). 4. Public Parking Credit. Any site within 600 feet of a public parking area may reduce the required vehicle parking at a rate of 1 space for every 3 public parking spaces. 5. Deferral of Parking Space Requirements. A portion of the required parking may remain unimproved until the Planning Commission or the City Council deems it necessary to adequately serve parking demand. The Planning Commission or City Council, whichever is charged with granting final approval, shall determine that the initial occupancy of the premises will be adequately served by the lesser number of spaces and a site plan shall indicate the location, pattern and circulation to and from the deferred parking spaces. The area reserved for future parking shall be brought to finished grade and shall be landscaped, and it shall not be used for any permanent purpose or structure unless a revised site plan and parking plan is approved. 6. Off-site Parking. Required parking spaces shall be located on the same lot as the use it is intended to serve, provided that the Director of Community Development may allow all or a portion of the required parking to be located on a separate lot subject to the following standards. a. Ineligible activities. Off-site parking shall not be used for residential uses, restaurants, bars or convenience stores and other convenience-oriented uses. Required parking for persons with disabilities shall not be located off-site. b. Location. No off-site parking area shall be more than three hundred (300) feet from the site served, measured along the shortest legal, practical walking route. Off-site parking areas shall not be separated from the site by a street right-of-way with a width of more than eighty (80) feet unless a grade-separated pedestrian walkway is provided. c. Zoning classification. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served. UNIFIED DEVELOPMENT CODE PAGE 407-8

181 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 d. Agreement for off-site parking. Off-site parking areas under different ownership than the use served require a written agreement between the owners of record, in a form recommended by the Director of Community Development for recordation. Recordation of the agreement by the Register of Deeds is required before issuance of a building permit. 7. Shared Parking. Required parking may be reduced for any site containing multiple uses, or for adjacent sites with different uses according to the following table. Any shared parking arrangement shall require an agreement among all landowners participating in the agreement to ensure access, joint use, maintenance, and other operational issues. A reduction program that differs from the table below may also be approved in association with the agreement upon preparation of the joint parking study for the sites and uses. Table : Shared Parking Percentage of Required Parking by Time Period Weekday Weekend All Use 6 AM to 5 PM 5 PM to 1 AM 6 AM to 5 PM 5 PM to 1 AM 1 AM to 6AM Employment 100 % 10 % 5 % 5 % 5 % Retail or Service 75 % 75 % 100 % 90 % 5 % Restaurant 50 % 100 % 75 % 100 % 25 % Entertainment & Recreation 30% 100 % 75 % 100 % 5 % Church 5 % 25 % 100 % 50 % 5 % School 100 % 10 % 10 % 10 % 5 % Dwellings 25 % 90 % 50 % 90 % 100 % Lodging 50 % 90 % 75 % 100 % 100 % E. Parking Design Standards. 1. Location, Scale and Landscape. All on-site parking shall be organized into parking blocks and arranged on the site to minimize the impact on streetscapes and adjacent lots, subject to the following table: Table : Parking Location, Scale and Landscape Front Between front building line and lot frontage. Side Behind front building line and rear building line. Rear Behind front building line. Spaces 251 or more Prohibited: Must be broken into smaller parking blocks. Prohibited: Must be broken into smaller parking blocks. 5% internal landscape AND 12 perimeter buffer 151 to 250 Prohibited: Must be broken into smaller parking blocks 8% Internal landscape AND 12 perimeter buffer. 12 perimeter buffer UNIFIED DEVELOPMENT CODE PAGE 407-9

182 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING to to or fewer 8% internal landscape AND 12 perimeter buffer 5% internal landscape AND 8 perimeter buffer 5% internal landscaping AND 8 perimeter buffer 5% Internal landscape AND 8 perimeter buffer 8% internal landscape AND 12 perimeter buffer 5% internal landscape AND 8 perimeter buffer 8 perimeter buffer No requirement No requirement Perimeter buffers and internal landscape shall meet the design and landscape standards in Section In residential districts, any parking area for over 4 vehicles shall also meet the building setbacks for that district, or be setback at least 30, whichever is greater. Additional setbacks and frontage requirements per zoning districts may place additional restrictions or prohibitions on parking in front of buildings or near streetscape. 2. Landscape Locations. Parking lot landscaping shall be reasonably dispersed throughout off-street parking areas. 3. Planting Areas. The interior dimensions of any planting area used to satisfy parking lot landscaping standards shall be sufficient to protect plant materials and to ensure proper growth. Planting areas that contain trees shall be at least seven (7) feet wide in each direction and provide at least one hundred and forty (140) square feet per tree. 4. Surfacing. All off-street parking and loading areas, except those required for single-family or duplex uses, shall be surfaced with: a. Five (5) inches of concrete; b. Six (6) inches of asphalt; or c. Three (3) inches of asphalt combined with eight (8) inches of aggregate base and subgrade base. Off-street parking areas serving single-family and duplex residences shall be graded and paved with an approved asphalt, concrete or paver brick. All passenger cars shall be parked on paved driveways or parking areas relating to a garage or carport. 5. Lighting. Any off-street parking area providing space for five (5) or more vehicles that are used after dark shall be provided with lights that provide at least an average of one-quarter (¼) foot candle over the entire parking area, measured on the ground surface within the parking area. Off-street parking areas in LI and HI Districts shall be exempt from the minimum lighting standard of this Subsection. Parking lot lighting shall be subject to the Outdoor Lighting Standards of Section Drainage. All off-street parking and loading areas shall be designed according to the Design and Construction Manual. Drainage plans for offstreet parking and loading areas shall be reviewed by the Director of Public Works. 7. Curbing. The perimeter of all off-street parking and loading areas, their access drives and internal islands shall be curbed, with the exception of driveways for single-family and duplex residences. As an alternative to curbed edges on the perimeter and landscape islands, the Director of Public Works may approve alternate edges as part of an overall storm water management plan for the parking area. UNIFIED DEVELOPMENT CODE PAGE

183 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING Striping. Off-street parking areas containing five (5) or more spaces shall be delineated by pavement striping. 9. Dimensions. Required off- street parking spaces shall be designed according to the following table. If angles not shown in the table, required parking space dimensions shall be interpolated from the table. Table : Parking Area Design Parking Angle Stalls Served by Aisle Traffic Flow Stall Width (A) (ft) Stall Length (B) (ft) Aisle Width (C) (ft) One or both sides One or two way One side One way Both sides One way Both sides Two way This table shows common parking configurations. Base on different site contexts, different parking angles and dimensions may be used to minimize the parking footprint and better meet the intent of this section, if based on established site plan guidance, such as Planning and Urban Design Standards, American Planning Association. F. Stacking Spaces for Drive-Throughs. In addition to meeting the parking requirements of this Section, drive-through facilities shall comply with the following minimum stacking space standards. 1. Stacking space schedule. The minimum number of stacking spaces required shall be as follows. Table : Drive Through Stacking Use Minimum Spaces Measured From Bank teller lane 4 Teller or Window Automated teller machine 3 Teller Restaurant drive-through 8 Order Box* Car wash stall, automatic 6 Entrance Car wash stall, self-service 3 Entrance UNIFIED DEVELOPMENT CODE PAGE

184 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Other Determined by Traffic Engineer based on Traffic Study One stacking space per pump which can Gasoline pump island be located in a drive aisle if the aisle is a minimum of 30 feet wide * A minimum of four (4) vehicle que from the pick-up window to the order box shall be provided. 2. Design and layout. Stacking spaces shall be subject to the following design and layout standards. a. Stacking spaces shall be a minimum of eight (8) feet by twenty (20) feet in size. b. Stacking spaces shall comply with the parking location and design standards of sub-section E. c. Stacking spaces shall be designed so as not to impede on- and off-site traffic movements or movements into or out of parking spaces. d. Stacking spaces shall be separated from other internal driveways with raised medians or alternative separation as deemed necessary by the Director of Public Works for traffic movement or safety. G. Off-Street Loading. Off-street loading spaces shall be provided in accordance with the following minimum standards. Table : Minimum Off-street Loading Requirement Floor Area Retail and Service, Warehouse, Wholesale, Manufacturing Uses 3,000 to 25, ,001 to 85, ,001 to 155, ,001 to 235, ,001 to 325, ,001 to 425, ,001 to 535, ,001 to 655, ,001 to 775, ,001 to 925, , per 200,000 square feet above 925,000 Floor Area Office, Nursing Home, Hospital, Hotels, Institutions 3,000 to 100, ,001 to 335, ,001 to 625, ,001 to 945, ,001 to 1,300, ,300,001 to 1,800, ,800, per 500,000 square feet above 1,800,000 UNIFIED DEVELOPMENT CODE PAGE

185 GENERAL DEVELOPMENT STANDARDS PARKING AND LOADING 407 Section Block and Lot Access. [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. It is the intent of this Section is to: 1. Provide adequate access to all lots and blocks in conjunction with the street networks, blocks and street types of a particular development pattern. 2. Balance the interests of access for pedestrians and bicycles with access for vehicles. 3. Protect the design integrity of streetscapes and minimize interruptions in streetscape by curb-cuts and drive aisles. 4. Manage access and circulation within larger sites, development projects and blocks. B. Applicability. This section shall apply to: 1. All new site plans and development proposals where street access is proposed or altered, or where platting occurs in association with the development; 2. Any infill or reuse where over 50% of the parking and circulation area is being altered; 3. Any application in an area that is subject to a specific access management study; 4. Any application on an Activity Street; and 5. Any application where streetscape improvements are required or proposed. C. Types. The following specific types of access shall be used to access lots: Table : Access Types Unlimited Driveway A driveway that is generally no more than 16 to 24 wide in the lot frontage area, but can expand to larger pads and approach areas closer to the buildings. Often this may involve a circle drive with two 8 to 12 access ways. This access is used on larger lots with wide frontages and deep building setbacks. No illustration intended UNIFIED DEVELOPMENT CODE PAGE

186 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Table : Access Types Double Driveway A driveway that is typically between 16 and 20 wide, and provides an approach to a two car garage. This access is typically used on larger lots with wide frontages. Single/Double Driveway A driveway that is typically between 8 and 10 wide within the lot frontage area, but can expand to a larger pad and approach area up to 24 wide closer to the buildings. This access is used on smaller to medium sized lots with narrower frontages, but can accommodate front or side loaded garages. Single Driveway A driveway that is 8 to 10 at all points before the front building line. It often provides access to a larger pad and approach area behind the front building line to provide access to detached or rear loaded garages. This access is used on smaller lots with narrow frontages, and on streets were minimal interruptions in the streetscape are desired. UNIFIED DEVELOPMENT CODE PAGE

187 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Table : Access Types Shared Driveway A driveway that serves two lots and is typically located on a lot line of the two properties and coordinated with easements benefitting both parties, and extends to an area where each lot has its own private pad and/or approach area. Shared drives are usually use the Single Driveway or Single/Double Driveway configurations, and are used on smaller lots with narrow frontages, and on streets were minimal interruptions in the streetscape are desired. Common Drive An access point similar to a Shared Driveway except that it serves more than 2 but generally no more than 6 lots. Common driveways are typically located in easements or common areas owned jointly by all lots benefitting from the access. Common driveways can provide access to smaller parking blocks or parking areas where maneuvering of vehicles can occur. No illustration intended Drive Aisles A system of internal access ways designed to facilitate circulation of vehicles within a site, often coordinating access to parking areas or cross-access between multiple properties. The drive aisles serve as an organizing element for parking blocks and building sites. No illustration intended UNIFIED DEVELOPMENT CODE PAGE

188 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Table : Access Types Internal Access Streets A system of internal access ways designed to mimic public streetscapes and block structure. This access coordinates development and access across multiple or larger scale projects, typically on sites or parcels of greater than 5 acres, so the resulting internal block structure includes blocks of 2 to 5 acres. The internal access streets have a higher design amenity than other access types to create a public realm among private and common areas as an organizing element of sites and buildings. No illustration intended Alley A shared access system internal to a block and serving all lots on the block (or occasionally all lots on a single block face for single loaded blocks). Alleys typically bi-sect a block with a simple central alley, although h-shaped, tshaped or other similar configurations can accommodate irregular blocks or other situations where alley access points may be constrained. No illustration intended D. Vehicle Access Requirements. The following requirements coordinate adequate block and lot access based on the context of development, the street type and other access coordination. Where adequate access to any lot is limited by these standards, shared, common or internal block access strategies in sub-section C. shall be used to provide adequate access to all lots. 1. Location and Spacing. Lot access location and spacing shall be limited based on the functional class of streets in Table Spacing distance between access shall be measured from the perpendicular curb face of the access points, and from the perpendicular curb face of intersecting streets to the closest access point for intersections.. Table : Access Location and Spacing UNIFIED DEVELOPMENT CODE PAGE

189 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Primary Land Use Residential Functional Class** Arterial* Collector Local 100 min. separation corner signalized 75 min. separation corner signalized No min. separation except that a minimum of 50 feet shall be provided from street intersections 75 + corner signalized Non-Residential 200 min. separation corner signalized 150 min. separation corner 250+ signalized 100; min. separations 75 from lot corner * Direct access to an arterial street shall be permitted only when the subject property has no other reasonable access to the street system, and only if the City engineer determines that the proposed access point is safe and is subject to the limits of this table. ** The City Engineer may allow averaging of the separation of access points along any block face provided there are no adverse impacts on the transportation network, and the Intent of this section is equally or better served. 2. Width. Lot access widths shall be limited based on the Street Type and design context in Table The percentage and width limits shall apply to the Frontage area between the streetscape and building. Where application of the width limits appears to constrain access, different configurations identified in Table shall be used. Table : Access Width except Single and Two Family Residential Primary Street Type Land Use Standard Neighborhood Activity Natural Residential* 25% of lot max.; May not exceed 24 unless designed as internal access streets. 20% of lot max.; May not exceed 20 unless designed as internal access streets. 15% of lot max.; May not exceed 20 unless designed as internal access streets. 15% of lot max.; May not exceed 20 unless designed as internal access streets. Non-Residential 20% of lot max.; May not exceed 30 unless designed as internal access streets. No more that 10% cumulative on an entire block face without using shared access or internal access streets for the block 15% of lot max.; May not exceed 24 unless designed as internal access streets. No more that 10% cumulative on an entire block face without using shared access or internal access streets for the block N/A: Activity streets are designed for limited commercial lot access and require alley system for block or internal access street system. Access streets for the block. 15% of lot max.; May not exceed 24 unless designed as internal access streets No more that 10% cumulative on an entire block face without using shared access or internal access streets for the block * Exceptions to the % width for residential access can be given up to 20 of width to accommodate limited access within 20 of any frontloaded garage, provided it is not otherwise limited by the residential design standards. UNIFIED DEVELOPMENT CODE PAGE

190 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Single and two family residences shall have a paved driveway or driveways that shall not exceed thirty-five percent (35%) coverage within the front yard of street facing side yard setback area in which the driveway is located, except that any driveway may extend perpendicular from the garage in a straight line directly from the garage to the street at a width equal to, but not exceeding at any point, the distance measured between the outer edges of the two (2) most distant garages, but in no case shall such driveway or driveways exceed fifty percent (50%) coverage within the exterior setback area, and off-street or on-street parking of vehicles weighing more than six (6) tons or containing more than two (2) axles shall be prohibited in MF-18 and less intensive districts. This provision shall not prohibit temporary parking of vehicles making pickups or deliveries. Single or two-family residences wherein the driveway length exceed 200 feet shall be allowed an exception to the paving requirement for driveways but shall provide the minimum number of parking spaces on a paved surface. 3. Corner Visibility. Sight distance standards are based on criteria in the latest edition of the American Association of State highway and Transportation Officials (AASHTO) Green Book. On corner lots nothing shall be erected, placed, planted, or allowed to grow in such a manner which will obstruct the view of the traveling public based on AASHTO Green Book sight distance standards. This sight triangle standard may be increased by the Director of Public Works when deemed necessary for traffic safety. Additionally, right of way is required at intersections per the Design and Construction manual to allow for the construction of Americans with Disability Act sidewalk, curb ramps, signalization components, etc. 4. Traffic Impacts. Wherever the City Engineer determines that the above requirements will adversely impact the function of the transportation network in the vicinity of the site, either due to traffic impacts of the proposed use, or the design of the access in relation to the street scape, alternative access standards may be required to better meet the intent of this section. In addition, any specific access management study or plan for a portion of the city may alter the application of these standards and guidelines. E. Pedestrian Access Requirements. All lots shall include direct pedestrian connections and circulation routes at the same or greater frequency as is provided by streets, driveways and internal access streets. 1. Generally. At a minimum, sidewalks shall directly connect each of the following: a. All public entrances to buildings; b. The public sidewalk on adjacent streets or internal access streets; c. On-site parking areas; UNIFIED DEVELOPMENT CODE PAGE

191 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 d. Private, common or public areas that are part of the Open Space System in Section , to the extent any are on the site or adjacent to the site. e. Adjacent sites, where pedestrian access between sites by way of the public streets or internal access streets are remote (more than 300 away). 2. Sidewalk Widths. Internal sidewalks shall meet the following requirements: Table : Internal Sidewalk Widths Generally. Primary routes (between parking and buildings) in multi-family projects. Any building facade abutting a parking area OR any sidewalk abutting parking with vehicle overhangs. Along any non-residential building façade with a primary entrance. 5 minimum 6 minimum 8 minimum 12 minimum 3. Crossings. All driveways and alleys shall intersect with sidewalks on the perimeter of the block at the sidewalk grade, and the material and construction of the sidewalk shall continue across the drive. For drive aisles and internal access streets, the vehicle grade may interrupt the sidewalk. Where the pedestrian crossing exceeds 24 feet, cross-walks or other features to identify pedestrian crossings may be required. Design features such as bump outs, raised crossings, medians or other landscape and urban design amenities that emphasize the pedestrian crossing and shorten the distance pedestrians cross dedicated vehicle ways may be considered. F. General Standards. NOTE Construction standards for improvements in public right of way are located in the Public Works Design and Construction manual and design and construction of all improvements shall meet the standards and requirements contained in such manual. 1. Off-street parking spaces shall be arranged so that no vehicle will back directly onto a street. All private parking areas, drive aisles and internal access streets shall be located off of the street right-of-way. 2. Access to property shall be allowed only by way of driveways, and no other portion of the lot frontage shall be used for ingress, egress or parking. 3. Any driveway design must allow an entering vehicle turning speed of fifteen (15) miles per hour to help reduce interference with through street traffic. Radii of driveway shall be sufficient to achieve this standard for the types of vehicles that the driveway is intended to serve. 4. There must be sufficient on-site vehicle storage to accommodate queued vehicles waiting to park or exit, without interfering with street traffic. 5. Provisions for circulation between adjacent parcels should be provided through coordinated or joint parking systems. UNIFIED DEVELOPMENT CODE PAGE

192 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN Driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress. 7. Driveway design must be such that vehicles entering the driveway from the street will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first (1st) through-traffic lane available without encroaching into the adjacent through-lane. 8. No construction, grading, excavation, repair or reconstruction of any street, curb or gutter; or any sidewalk or driveway between the street and property line shall be commenced without first obtaining a right-of-way work permit from the Director of Public Works. 9. Right turn lanes, left turn lanes, tapers, and other traffic control features may be required to ensure proper design, function, and minimizing impacts to traffic progression of the roadway. Requirements must be based on a traffic analysis as described in the Public Works Design and Construction Manual that considers all potential users of the right-of-way and the development context. 10. Appropriate sight distances shall be provided based on the latest edition of A Policy on Geometric Design and Highways and Streets, issued by AASHTO. This guide shall be used based on the roadway context, considering traffic controls, stopping points of vehicles entering the roadway and the design speeds for on-coming vehicles. 11. Any construction, grading, excavation, repair or reconstruction of any street, curb, sidewalk or access point in the right-of-way shall require a right-of-way work permit from the City. Section Frontage Design. A. Intent. It is the intent of this Section to: 1. Promote good site design by establishing a relationship of buildings and sites with the public realm created by streetscapes and open spaces. 2. Value the design, function, appropriate application of different types of open space, rather than solely the quantity of space. 3. Promote designs for un-built portions of lots that serve multiple functions, including active spaces for people, aesthetic functions, buffer and screening and ecological functions to increase the value and minimize the impact of development. 4. Consider the context of sites and buildings and how the design of site frontages can enhance the broader character of the area. 5. Create focal points for the site, block, or project that establish a pedestrian scale or gathering places. 6. Support and expand the Open Space Systems that support development (see Section ) with site-specific designs that relate to the broader systems. B. Applicability. 1. Generally. The standards in this section apply to the design and arrangement of buildings and open areas of a lot adjacent to the right-of-way and along streetscapes. They supplement the building and lot standards of zoning districts, and other site design standards, however effective use of Frontage Types can meet multiple standards. These requirements also supplement the Open Space UNIFIED DEVELOPMENT CODE PAGE

193 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 System required in section of the subdivision regulations and provide smaller scale project, block and site-specific civic spaces. 2. Specifically. The standards of this section shall apply to: a. All new site plans or development applications for new buildings; and b. Any application for a building permit for additions or rehabilitation, where 20% or more of the existing Frontage area will be reconfigured, or 50% or more of the site will be reconfigured; c. Any application on an Activity Street; and d. Any project where streetscape improvements are required or proposed. e. For infill and rehabilitation projects, the Community Development Director may waive the applicability of this section where the nature of the application presents no work along the street frontage and the opportunities to implement the intent of this section are not present. C. Permitted Frontage Types. The permitted Frontage Types shall be based on zoning districts and the block and street context of a site, as indicated in Table The limitations by Street Type shall apply to public streets and to Internal Access Streets designed to the standards of that Street Type (see Sections ). Specific Plans may further specify Frontage Types permitted on a block or street basis. Buffer Edge Yard & Setback Courtyard Terrace Frontage Plaza Enhanced Streetscape Frontage Low-density Residential Districts RE SF-12 SF-7 TF Neighborhoods and Moderate-density Residential MF-10 MF-14 MF-18 N-L N-O Non-residential NB SO GB RC LI HI = Permitted and preferred Frontage Type; = Limited Frontage Type on Neighborhood Streets = Limited Frontage Type for use on Standard Street Types only; = Permitted Frontage Type on Activity Street Types; UNIFIED DEVELOPMENT CODE PAGE

194 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 D. Frontage Design Standards. Frontages shall be designed according the specific type, and the standards below for each different type. These standards are in addition to any other standards required for building types and setbacks or site design, although proper design and arrangement of open spaces may meet multiple goals and requirements. Enhanced Streetscape Frontage An area along the street frontage that may be common or dedicated to the public as part of the right-of-way standards. It includes pedestrian enhancements beyond those required by the Street Type standards to support buildings fronting directly on the streetscape. Width Entire lot frontage Depth 8 15 OR 0 for sites fronting on a street designed to exceed the pedestrian amenity specifications for an Activity Street. Design & Performance Standards The enhanced streetscape frontage shall be designed solely for pedestrian amenities such as walk ways, gathering areas or landscape to increase the comfort in pedestrian areas. Building frontage shall occur along at least 70% of the frontage. Buildings shall have direct access to the streetscape or to any enhanced streetscape provided on the private lot. One small shade tree for every 25 and/or one large shade tree for every 40 ; plus ornamental planting in conjunction with the overall streetscape design. Outside seating or other gathering places should be provided, either through seating areas associated with the building use or through street furniture or other type of street amenity designed for pedestrian use. Facades fronting on the streetscape should have high permeability with frequent windows and entrances to activate the space. UNIFIED DEVELOPMENT CODE PAGE

195 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Frontage Plaza A small area recessed within the building footprint or arranged at a corner of a building creating a focal point for the building entrance, creating a transition area with the streetscape, and designed as a gathering place with formal or informal seating. Area 5% to 15% of building footprint; at least 10% for any building footprint over 10,000 square feet or building over 3 stories. Depth Width Design & Performance Standards Building or Plaza frontage shall occur on at least 60% of the lot frontage. Buildings shall have direct access to the streetscape or plaza; the plaza shall have direct pedestrian access to the public sidewalk in the streetscape. One ornamental tree for every 200 s.f.; one small or large shade tree for every 500 s.f. Allocation of space shall be: 10% to 40% landscape; and 60% to 90% hardscape. Facades fronting on the plaza should have high permeability with frequent windows and entrances to activate the space. The width: height ratio for buildings on the plaza should be between 2:1 and 1:2. UNIFIED DEVELOPMENT CODE PAGE

196 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Courtyard A recessed area within the building footprint or an open area organizing multiple buildings that creates a common focal point and point of entry for the building(s) fronting on the courtyard. The edge along the lot frontage establishes a transition to the public streetscape, and the proportions of the space and building facades create an outdoor room. Area 400 s.f min; 50 s.f. per dwelling unit for residential; 10% to 20% of building(s) footprint for non-residential. Width Depth Design & Performance Standards Building or Courtyard frontage shall occur on at least 70% of the lot frontage. Buildings shall have direct access to the streetscape or courtyard; the courtyard shall have direct pedestrian access to the public sidewalk in the streetscape. One ornamental tree for every 200 s.f.; one small or large shade tree for every 500 s.f. Allocation of space shall be: 0 to 30% turf; 40% to 75% landscape; and 20% to 40% hardscape. Facades fronting on the courtyard should have high permeability with frequent windows and entrances to activate the space. The width:height ratio for buildings on the courtyard should be between 1:2 and 2:1 The depth:height ration for buildings on the courtyard should be between 1:2 and 3:1 UNIFIED DEVELOPMENT CODE PAGE

197 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Terrace A shallow open area across multiple frontages along a block face, that creates a continuous landscape element along the streetscape. Buildings are setback at a consistent distance to create a common open area. The terrace can be elevated above the streetscape to create building access closer to grade along blocks with grade changes. The terrace may be landscaped as a yard or garden in more residential settings, or it may include hardscape elements in more compact, walkable settings. Width Entire lot frontage Depth Design & Performance Standards Residential: One ornamental or small shade tree for every 40 feet of frontage; OR one large shade tree for every 75 of frontage. (in addition to required street trees) Allocation of space shall be: 0 to 70% turf; 20% to 90% landscape; and 10% to 20% hardscape. Non-residential: One ornamental or small shade tree for every 40 feet of frontage; OR one large shade tree for every 75 of frontage. (in addition to required street trees) Allocation of space shall be: 0 to 70% turf; 10% to 90% landscape; and 10% to 90% hardscape. General: Seating areas, either provided in association with the building use / building entrances, or as street furniture should be provided in appropriate gathering places. Only limited driveways or vehicle drive aisles are permitted to cross the frontage area. UNIFIED DEVELOPMENT CODE PAGE

198 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Yard & Setbacks A large open area with a building setback from the property line to create a larger, uninterrupted open area. The yard generally creates a large landscaped area across several frontages along a block face, with buildings setback at a common distance typically greater than other frontage types where landscape designs rather than building frontages establish the relationship and transitions to the streetscape. Area 20% to 40% of lot, min. (dependent on zoning district) Width Entire lot frontage Depth 30 min., but dependent on setback of zoning district. Design & Performance Standards One ornamental or small shade tree for every 40 feet of frontage; OR one large shade tree for every 75 of frontage. (in addition to required street trees) Allocation of space shall be: 50 to 95% turf; 5% to 50% landscape. UNIFIED DEVELOPMENT CODE PAGE

199 GENERAL DEVELOPMENT STANDARDS FRONTAGE DESIGN 407 Buffer Edge A concentrated and heavily landscaped and/or bermed open area used to separate the site, and any potential impacts of the development and site design, from the streetscape or adjacent lots. Area 20% to 40% of lot, min. (dependent on zoning district) Width Entire lot frontage Depth 10 min., but dependent on setback of the zoning district and required buffer standards. Design & Performance Standards One ornamental or small shade tree for every 40 feet of frontage; OR one large shade tree for every 75 of frontage. (in addition to required street trees) A combination of a hedge, evergreen and/or berm shall be used to create a continuous buffer (in conjunction with required buffer standards in Section ) Allocation of space shall be: 30 to 70% turf; 30% to 70% landscape. Section Site and Landscape Design. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , 34, ] A. Intent. It is the intent of this Section is to: 1. Enhance the environmental and ecological function of un-built portions of sites, including reduced air or water pollution and reduced heat gain from large expanses of blank walls or paved surfaces. 2. Improve the aesthetic character of development with natural landscape materials. 3. Coordinate landscape and design amenities across multiple sites, improving the character of districts and neighborhoods. 4. Screen and mitigate the visual, noise or other impacts of high-intensity areas of sites, including loading areas, external equipment, or other site utility areas. UNIFIED DEVELOPMENT CODE PAGE

200 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN Focus particular attention on the design of landscapes to improve the transitions and relationships to the public realm formed by the Open Space System, streetscapes, internal access streets, and lot frontages, or other similar public or common areas. B Applicability. The standards of this Section shall apply to all development except: 1. Agriculture (limited) in the RE District; and 2. Improvements or repairs to existing development that do not result in an increase in floor area and changes in use that do not result in an increase in intensity. C. Landscape Requirements. The required landscape materials shall be based on a landscape plant unit system applied to 4 different types of areas on a site: Frontage Design (Section ), Parking (Section ), Buffers (Section D), and other open spaces. Landscape requirements may also apply to streetscapes and open space systems to the extent they are part of the design for any project. Table : Landscape Requirements Key: Plant Material Plant Units Shade Tree (Large /Med) 8 Small Tree/Ornamental 5 Conifer / Evergreen Tree 5 Upright Evergreen 3 Shrub 1 Perennial / Ornamental 1 Required Plant Units Shade Trees Ornamental Trees Allocation of Plant Units Open Space System Based upon Open Space System Design Standards in Section Street Types Based on Street Type Design Standards in Section Frontage Design* Enhanced Streetscape Frontage Based on Street Type Design Standard in Section Frontage Plaza 1 unit per 75 s.f. 30% min. Courtyard 1 unit per 75 s.f. 30% min. Terrace 1 unit per 200 s.f. 40% min. Yard Buffer Edge Parking Landscape* Buffers* Buffer Type A 7 to 15 wide Buffer Type B 15 to 25 wide 1 unit per 500 s.f.; 45 unit min. for single family or duplex lots 40% min Evergreen Shrubs Ground Cover 20% max 40% max Based on the Buffer Type (A-D) standards specified in Section X 10 cars or under: none 11 or more cars: 2 plant units per space 7 wide: 45 units per 100 linear feet 15 wide: 30 units per 100 linear feet 15 wide: 45 units per 100 linear feet 25 wide: 40 units per 100 linear feet 50% min. 30% min. 30% min. 25% min. 10% min. 10% min. 10% min. 10% min. Perennials 30% max 30% max 20% max 10% max 10% max 10% max 10% max Fences / Walls.. UNIFIED DEVELOPMENT CODE PAGE

201 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN 407 Buffer Type C 25 to 35 wide 25 wide: 60 units per 100 linear feet 35 wide: 55 units per 100 linear feet 30% min. 10% min. 10% min. 10% max Buffer Type D 35 to 45 wide 35 wide: 90 units per 100 linear feet 45 wide: 75 units per 100 linear feet 30% min. 10% min. 10% min. 10% max. All other Open Space 1 unit per 500 s.f.; 45 unit min. for single family or duplex lots. 30% min. 10% min. 10% max. The allocation of space and planning standards for Frontage Designs shall be based on the Types and Design Standards in Section ; the allocation of landscape areas and planning standards for parking areas shall be based on Section ; and the allocation of space and planning standards for Buffers shall be based on Section D.1. Limited to no more than 2.5 to 4 high along frontage with ornamental designs to compliment the style and materials of the principle building. 6 high with a uniform appearance and design of high quality masonry, plastic, or wood. 1. Species and Size. Table : Plant Size and Specifications Plant Type Medium and large shade tree Small shade / ornamental Upright evergreen Conifers / evergreen trees Shrubs Perennial / Ornamental Ground treatments Size and Specifications 2 min. caliper 1.5 min. caliper 4 min. height 6 min height 18 to 24 height; 3 min at maturity. 3 to 5 on center 1 gallon minimum 2 to 3 on center Ground cover: 50% coverage 1 st year; 100% after year 1 Mulch: 2 to 4 limited to areas immediately around plants or where ground cover not yet established Lawn: seeded or sod suitable to Blue Springs climate and soils; complete coverage after 1 st growing season. 2. Plant quality. All plants shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. Plants shall be nursery-grown and adapted to the local area. 3 Required Tree Types. All required trees shall follow recommendations of Great Trees for Blue Springs included in Appendix A-3 of the Comprehensive Plan. More specific recommendations or additional guidance may be considered through a specific plan or application of the Natural Resource Inventory (NRI) analysis included in that appendix. 4, Species Mix. When more than ten (10) trees are required to be planted to meet the standards of this Section, a mix of species shall be provided, unless broader urban forest diversity is already accounted for through a block-scale street tree plan, Specific Plan, or other application of the Natural Resource Inventory (NRI) in appendix A-3 of the Comprehensive Plan. In order to promote diversity in the urban forest and to prevent the spread of disease among trees, the number of UNIFIED DEVELOPMENT CODE PAGE

202 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN 407 species to be planted shall vary according to the overall number of trees required to be planted in accordance with the following requirements: Table : Species Mix Required Number of Trees Minimum Number of Species 5. Use of existing plant material. Vegetation and plant material that exists on a site prior to its development may be used to satisfy the landscaping standards of this Section provided that it meets the size, variety and locational requirements of this Section. Any existing trees that are healthy, not damaged during construction, and otherwise meet the requirements of this section may be credited towards the plant unit requirement subject to the following: Table : Tree Credits Diameter of Tree at 4 feet, 6 inches above ground level Credit 15 ¼ inches or more 10 units per 5 inches (max. 50 units per tree) 10 ¼ to 15 inches 30 units 6 ¼ to 10 inches 20 units 2 to 6 inches 10 units Less than 2 inches. No credit. 6. Existing tree protection. a. When preservation is required, measures will be taken to preserve trees on site as practical or economically feasible. Existing trees and their root zones that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment and vehicles, and placement of construction materials and debris. Erosion protection measures may be required to prevent siltation of the tree preservation areas during construction. Protection zones may be established by the Community Development Director to ensure trees and their root zones are adequately protected and are not damaged during site development operations. In any event, it is the developer s responsibility to use adequate protection measures to ensure tree preservation occurs. b. Every effort shall be made to locate utility easements away from tree preservation areas. However, utility easements may be located adjacent to tree preservation areas as long as adequate clearance and protection is provided for the tree preservation area during the installation of the utilities adjacent to the tree preservation easement. When utilities or UNIFIED DEVELOPMENT CODE PAGE

203 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN 407 infrastructure systems must cross tree preservation areas, every effort shall be made to minimize tree removal in such areas. c. To ensure protection of tree preservation areas, protection zones shall be delineated on the site development plans. The plans shall identify the type and diameter of trees to be saved. NOTE: City staff may not enforce tree protection measures and it will be the property owner's responsibility to ensure measures are taken. d. When preservation is required and trees die during construction, the property owner shall be required to replace the same type of tree amount and diameter in inches as was present before construction. Multiple trees can be used to accomplish the number of inches required. However, no replacement tree can be less than two (2) inches in diameter. Trees shall be replaced in the same general location as originally grew. If there is not adequate room to replace the trees in the same location, then the Community Development Director may approve alternate locations. D. Buffers, Screens and Fencing. 1. Buffers. Landscape buffers are required when certain land uses are adjacent to one another or when adjacent to certain roadway types. The standards are intended to help ease the land use transition between areas of varying development intensity; to ensure land use compatibility; and preserve the appearance of roadway areas. Each Type (A-D) identified in Table shall be designed according to the Landscape Requirements in sub-section C. above, and may be modified to meet the Frontage Designs in Section Table : Buffer Types Adjacent Development / Zoning Adjacent Street ** Proposed Development / Zoning RE, SF-7, SF-12, TF, N-L, N-O MF-10. MF-14, MF-18 NB, SO* RE, SF-7, SF-12, TF -- A B C C C D D C A -- MF-10. MF-14, MF-18 A -- A B C C D C B A -- NB, SO* B A -- A B C D B B A A GB* C B A -- A B D B B B B RC* C C B A A B D B B B C LI* C C C B B -- A B B B C HI* D D D D D A -- B B C D Churches, schools, commercial daycare centers and public or private recreation facilities shall be considered under the minimum of NB District for landscape requirements or if currently zoned more intense, that zoning district shall apply. GB* RC* LI* HI* Interstate Arterial Major Collector Minor Collector UNIFIED DEVELOPMENT CODE PAGE

204 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN 407 Right-of-way buffers shall apply primarily to Standard or Natural Street Types. Development fronting on Neighborhood or Activity Street Types shall use the Frontage Design standards in Section , and Buffer Standards may be modified to best meet the design intent of the Frontage standards.. In circumstances where a proposed use abuts a County land use, the Community Development Director shall determine which City zoning district the County land use is most similar to, both existing and/or future. a. Location of buffers. Buffers shall be located adjacent to public rights-ofway and along adjoining lots with a different zoning classification. In the case of modifications or additions to an existing building or site, buffers shall only be required along those portions of the site that are directly affected by the proposed improvements as determined by the City. b. Use of buffers. Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross required buffer if necessary to provide access to the building site. Sidewalks, paths and project identification signs may also be located within required buffers. c. Waiver for small sites. The area of required buffers shall not be required to exceed ten percent (10%) of the site proposed for development. In cases where buffer requirements would consume more than ten percent (10%) of the site, the Planning Commission may allow the width or location of buffers to be reduced or eliminated. The property owner shall be required to add plant material within remaining buffers or elsewhere on the site and any combination of plants, screening walls and fences or other solutions appropriate to the site and context may be required to meet the Intent of this section. d. Responsibility for installing buffers. The owner of the developing property shall always be responsible for providing required buffers. In those cases where a landscape buffer that complies with the buffer standards of this Section is already in place whether on the site of the developing property or on the site of the adjacent property the property owner shall not be required to install another landscape buffer. The property owner of a subdivision or other developing site shall only be responsible for ensuring that the intervening landscape buffer complies with the standards of this Section. Landscape buffers required for subdivisions shall be placed in easements. e. Berms and Fences Required. Anytime NB/SO, GB, RC, LI or HI Districts abut a residential district, an undulating four (4) to six (6) foot (or as high as practical) earth berm or six (6) foot fence shall be required in the setback area. Along with the fence or berm, a twenty-five percent (25%) reduction of plant units will be allowed in that particular setback area. Exceptions may be approved where terrain cancels out or removes the benefit of a fence or berm or, in the opinion of the Community Development Director, a fence or berm would not create the desired effect. Where it is determined a fence or berm is not appropriate, a buffer of one hundred twenty-five percent (125%) shall be required. UNIFIED DEVELOPMENT CODE PAGE

205 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN Screening. All of the following shall be screened from streets or adjacent property with dense evergreen plants, a fence or wall meeting the standards of sub-section D.3, or a combination of both. a. Electrical and mechanical equipment such as transformers, air conditioners, of communication equipment and antennas; b. Permanent or temporary outdoor storage areas, which shall further be subject to all setback standards for the lot, and require at least a Type A buffer; c. Trash enclosures; d. Utility stations; e. Delivery and vehicle service bays, except that bays do not need to be screened from adjacent property with the same or more intense zoning; f. Any parking areas larger than 10 spaces and adjacent to property zoned MF-14 or less; and g. Any parking permitted within 30 feet of a public right-of-way shall be screened between 2.5 and 3.5 feet high, limited to a combination of plants and/or ornamental fences and walls with architectural details and materials that complement those of the principle building. 3. Fences. All fences for screening, security, or privacy shall meet the following standards. a. Front Fences. All fences in front of the front building line shall: (1) Be no higher than 4 feet; (2) Be limited to ornamental or decorative materials that complement the materials and design of the principal building; and (3) Except for screens for parking, have a transparency or voids of at least 33%. b. Rear and Side Fences. All rear and side fences located behind the front building line shall: (1) Be limited to no higher than 6 feet in residential districts and 8 feet in all other districts; (2) On corner lots, fences within 8 feet the right-of-way shall meet the standards in subsection 3.a. for front fences and not create a sight distance obstruction as described in Section D,3. c. Other Fence Design Standards. (1) Any fences that could potentially create a sight obstruction for vehicles crossing pedestrian areas or entering the street may require greater transparency or additional location restrictions to allow for safe sight distances. (2) All fences in or abutting residential districts shall be constructed so that the finished side faces adjacent property and the support posts are inside the fence and screened from view. (3) Fences may be located so that the fence face is at or near the property line; otherwise the fence shall be setback at least 3 feet from the property line absent more specific standards in these regulations. Any areas set back 3 feet or more from the property line, which could become enclosed by other similarly located fences, may be required to have at least one gate for access and maintenance equipment.. UNIFIED DEVELOPMENT CODE PAGE

206 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN 407 (4) Fences shall be constructed out of any of the following materials: (a) Wood or vinyl simulating wood; (b) Wrought iron or aluminum simulating wrought iron; (c) Stone, brick, concrete with stone or brick veneer, or precast concrete simulated stone or brick; or (d) Chain link or vinyl clad chain link in the rear or side yard only, provided all exposed steel shall have a color finished coat or be galvanized. (5) Fences for security in non-residential districts or fences around recreation amenities such as tennis courts or pools may be exempt from the height and material standards. (6) Any fence proposed across a drainage way or drainage easement shall require review and approval by the Director of Public Works. d. Permits Required. No fence shall be erected, modified or changed in any manner until a fence permit application has been approved by the Director of Community Development. Applications shall be filed upon forms provided by the City and shall clearly show the type, material, and placement of the fence. E. Installation, Maintenance and Replacement. 1. Installation. All landscape materials shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. All landscape elements, living and non-living, shall be healthy and in place prior to issuance of final occupancy certificate. A temporary occupancy certificate may be issued prior to installation of required landscaping if written assurances and financial guarantees are submitted ensuring that planting will take place when planting season arrives. The amount of the financial guarantee shall be equal to 125% of the estimated cost of the plant material based on written cost estimates provided by the property owner and/or property owner s representative. 2. Maintenance and replacement. Trees, shrubs, fences, walls and other landscape elements depicted on plans approved by the City shall be considered requirements of the project in the same manner as parking, building materials and other details of the plan. The land owner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following: a. Regular maintenance of all landscape elements in good condition and in a way that presents a healthy, neat and orderly appearance. b. Proper care of all landscape material free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed, and in accordance with acceptable horticultural practices; c. The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition and orderly appearance. F. Alternative Compliance. Applicants may submit an Alternative Compliance Landscape Plan to demonstrate that the intent of this Section can be more effectively met through alternative means. If approved, an Alternative Compliance Landscape Plan shall be substituted for the standards in this Section only to the extent shown on the plan. UNIFIED DEVELOPMENT CODE PAGE

207 GENERAL DEVELOPMENT STANDARDS SITE AND LANDSCAPE DESIGN Procedure. Alternative Compliance Landscape Plans shall be reviewed in accordance with the Site Plan and Design Review procedures in Section , and the plan shall clearly delineate and identify the modifications and alternatives proposed. 2. Review criteria. Alternative Compliance Landscape Plans may be approved upon a finding that any of the following circumstances exist on the proposed building site or surrounding properties: a. Natural land characteristics or existing vegetation on the proposed development site would achieve the intent of this Section; b. Innovative and exceptional landscaping or architectural design is employed on the proposed development site to achieve a buffering effect that is equivalent to the buffer standards of this Section; c. The required landscaping or buffering would be ineffective at maturity due to topography or the location of improvements on the site; or d. The proposed alternative represents a plan that is as good or better than a plan prepared in strict compliance with the other standards of this Section. Section Operation and Performance. [Ord. No , ] A. General. No parcel, lot, building, or structure in any zoning district shall be used or occupied in any manner so as to create any dangerous, harmful, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use that is allowed by the underlying zoning district regulations, may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. B. Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such fire hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. C. Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. D. Noise. Noise which is objectionable due to volume, frequency, or beat shall be muffled or otherwise controlled so that there is no production of sound discernible at lot lines in excess of the average intensity of street and traffic noise at the lot lines. Tornado sirens and related apparatus used solely for public purposes shall be exempt from this requirement. E. Air Pollution. All uses shall be so operated that no smoke, odor, dust or other form of particulate matter shall be emitted that exceeds the regulations established by the State UNIFIED DEVELOPMENT CODE PAGE

208 GENERAL DEVELOPMENT STANDARDS OPERATION AND PERFORMANCE STANDARS 407 of Missouri Department of Natural Resources. Such uses shall be located so that prevailing winds will carry such air pollution away from areas of greatest concentration of persons. Also, such uses shall be kept removed from adjacent activities to a distance which is compatible with the potential nuisance or hazard involved. F. Water Pollution. All uses shall conform to the requirements and regulations established by the State of Missouri Department of Natural Resources pertaining to the pollution of streams and other bodies of water. G. Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases. The storage of toxic gases in such quantities deemed by the Planning Commission or City Council to constitute a potential hazard shall be located, dependent on their weights relative to the normal atmosphere of the immediate vicinity. Gases lighter than air shall be located in topographical areas having an elevation greater than that of the surrounding area. Such toxic gases shall also be located so that prevailing winds shall carry gases away from the areas of the greatest concentration of persons and shall be kept removed from adjacent activities to a distance which is compatible with the potential hazard involved. Section Outdoor Lighting. [Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No B 5 7, ] A. Intent. The intent of this Section is to 1. Eliminate adverse impacts from spillover of light and glare on operators of motor vehicles, pedestrians, and land uses near light sources. With respect to motor vehicles in particular, safety considerations form the basis of these regulations. In other cases, both the nuisance and hazard aspects of glare are regulated. 2. Provide attractive and appropriate-scaled features for the public realm, streetscapes, common areas and other outdoor gathering places for people. 3. Provide sufficient illumination that allows safe and comfortable use of outdoor spaces, while minimizing the impact on adjacent property. B. Applicability. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted. C. Flickering and Flashing Lights. No flickering or flashing lights shall be permitted. D. Light Location. 1. No fixtures that shine outward and create a glare from any adjoining or abutting residential district or any street right-of-way shall be permitted. 2. Lighting used to illuminate parking areas shall be arranged, located or screened to direct light away from any adjoining or abutting residential district or any street right-of-way. 3. Light sources of luminaries shall not be located within required setback yard areas except on pedestrian walkways. UNIFIED DEVELOPMENT CODE PAGE

209 GENERAL DEVELOPMENT STANDARDS OUTDOOR LIGHTING 407 E. Maximum Illumination and Luminaire Height. 1. Luminaires with no cutoff. When the light source or luminaire has no cutoff, the following standards shall apply: Table : Luminaires No Cutoff Underlying Zoning District Maximum Illumination (foot candles) Maximum Luminaire Height (feet) RE, SF-12, SF-7, TF, MF-10, MF-14, MF-18, N-L, N-O NB, SO, PLOS GB, RC, LI Luminaires with total cutoff angle of 90 degrees or more. When a luminaire has total cutoff angle of ninety degrees (90 ) or more, the following standards shall apply: Table : Luminaires 90 + Cutoff Underlying Zoning District Maximum Illumination (foot candles) Maximum Luminaire Height (feet) RE, SF-12, SF-7, TF, MF-10, MF-14, MF-18, N-L, N-O NB, SO, PLOS GB, RC LI Luminaires with total cutoff angle of less than 90 degrees. When a luminaire has total cutoff angle of less than ninety degrees (90 ) and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five (5) feet above the ground at the point where the cutoff angle intersects the ground, the following standards shall apply: Table : Luminaires 90 - Cutoff Underlying Zoning District Maximum Illumination (foot candles) Maximum Luminaire Height (feet) RE, SF-12, SF-7, TF, MF-10, MF-14, MF-18, N-L, N-O NB, SO, PLOS GB, RC LI F. Exemptions. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts shall be exempt from the maximum illumination and luminaire height standards of this Section, provided that lights used for such activities shall not exceed a maximum post height of UNIFIED DEVELOPMENT CODE PAGE

210 GENERAL DEVELOPMENT STANDARDS OUTDOOR LIGHTING 407 eighty (80) feet. Ball diamonds, playing fields, and tennis courts may exceed a total cutoff angle of ninety degrees (90 ), provided that the luminaire is shielded to prevent light and glare spill over to adjacent property zoned SF-7 or less intensive. The maximum permitted illumination at the lot line of SF-7 or less intensive property shall not exceed two (2) footcandles. G. Measurements. 1. Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosinecorrected sensor with multiple scales and shall read within an accuracy of plus or minus five percent (5%). 2. Method of measurement. The meter sensor shall be mounted not more than six (6) inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark when the light source in question is turned on, then when it is turned off. The difference between the two (2) readings shall be compared to the maximum permitted illumination and property line at ground level. This procedure eliminates the effects of moonlight and other ambient light. 3. Exterior lighting plan. At the time any exterior lighting is installed or substantially modified, and whenever a building permit is sought, an exterior lighting plan shall be submitted to the Director of Community Development in order to determine whether the requirements of this Section have been met. H. Color of Light Source. Lighting fixtures should be color-correct types, such as halogen, metal halide or high-pressure sodium vapor, to ensure true color at night and ensure visual comfort for pedestrians. Low-pressure sodium vapor lighting is permissible, especially in developments where energy-efficiency is a priority. Mercury vapor lighting is strongly discouraged. Section Stormwater Design. Refer to the Public Works Design and Construction manual, Section 5600 for stormwater design requirements and all design and construction of improvements shall meet the requirements and standards contained in such Manual. Section Residential Design. A. Intent. The intent of this Section is to: 1. Increase the livability of neighborhoods. 2. Blend a variety of residential building types and projects into the broader context of neighborhoods and respect the character of surrounding residential areas. 3. Improve the appearance of neighborhoods that have a mix of housing, and focus on the relationship of sites and buildings to the public realm. UNIFIED DEVELOPMENT CODE PAGE

211 GENERAL DEVELOPMENT STANDARDS RESIDENTIAL DESIGN Create neighborhood character with details that emphasize the human scale of neighborhoods, and promote connections and relationships between neighborhoods and supporting areas. B. Applicability. These standards apply to: 1. All residential districts zoned TF or higher intensity; 2. Any residential restricted overlay district to the extent they are not modified by an approved residential overlay Concept Plan; 3. Specific Building Types identified in Chapter 405. C. Building Orientation & Patterns 1. Individual buildings shall be oriented as follows: a. Towards the public streetscape; b. Toward a common courtyard, with access and orientation to the public streetscape; or c. Towards some other internal commons spaces, such as an internal street network, greenway or other natural or civic amenities provided through a planned zoning district. 2. All building types shall include allowed Frontage Types as provided in Section To the maximum extent practicable, all buildings on a common block frontage or similar grouping shall have the same orientation, avoiding multiple parallel orientations to the public realm or common space. 4. Where projects have multiple multi-family buildings on a single lot or parcel and abut property used or zoned for single-family detached houses, buildings shall orient perpendicular to internal property lines to avoid disproportionate massing of large facades. If a perpendicular orientation as described above is not possible horizontal orientation may be used if the internal setback is increased by at least 50%. D. Building Mass and Form. 1. The composition of buildings within the permitted building type, setback and footprint allowances shall respect the surrounding character of adjacent residential buildings including massing, height, roof pitch and architectural features such as entrance features, cornice and eaves, horizontal lines of windows, shutters, dormers, belvederes and chimneys. 2. For projects including three or more buildings, variation in massing within the allowed footprints with main mass, secondary masses or wings shall be used to avoid monotony of adjacent buildings. 3. Windows, projecting bays and other simple composition details associated with the internal floor plan of the building shall be used to break up wall planes larger than 600 square feet or greater than 50 in horizontal length. However, inordinately complex massing, such as multiple false peaks or bays should be avoided. 4. Where buildings over 3 stories are permitted, vertical massing shall be created through either material or detail differentiation crating a base (up to 1 story from the ground level) and a cap (up to 15% of the uppermost height) to distinguish it UNIFIED DEVELOPMENT CODE PAGE

212 GENERAL DEVELOPMENT STANDARDS RESIDENTIAL DESIGN 407 from the rest of the facade, or through step backs of at least 10 for upper stories (above 3 stories). 5. Four-sided design, with entryways, windows and consistent materials and architectural details shall be used on all elevations, and blank walls and uninterrupted elevations shall be avoided. E. Front Entrance Features. 1. Each building frontage shall include one of the following Front Entrance Features: a. A porch, at least 8 deep and at least 80 square feet. Porches may encroach into the required front setback provided it is between 10 and 12 deep, remains unenclosed, and includes only a single-story roof structure. b. A stoop, at least 6 deep and at least 48 square feet. A stoop, including steps to the stoop may encroach up to 12 into the required front setback provided it remains unenclosed and does not include a roofed structure. c. A portico, at least 6 deep and between 48 and 60 square feet. A portico may encroach up to 6 into the required front setback and may be enclosed or unenclosed. d. Low-rise or mid-rise apartment buildings may use a forecourt or front entry plaza as the entrance feature. 2. All Front Entrance Features shall have pedestrian-scale details, including side light or transom windows, architectural ornamentation, or single-story roofs or canopies that are integral to the overall architectural character and design of the building. 3. For projects including three or more buildings, variations of the type and design of Front Entrance Features shall be used to add diversity and visual character to adjacent buildings. F. Exterior Materials. 1 Facades. Facades shall include exterior finish materials including stone, brick, wood or vinyl siding, fiber cement, clapboard, metal, stucco and/or any other comparable or superior quality materials. Vinyl siding must be of the highest durability and fabricated design. Composition of entirely one (1) material is prohibited. 2. Balconies and porches. Balconies and porches shall be made of painted or stained wood, composite or metal. 3. Roofs. Roofs shall be sloped and clad in slate, metal, concrete tile, composite shingles or fiberglass shingles. G. Garage Limits. Front-loaded garages shall be limited to no more than 25% of the front façade. As an alternative to facades with a larger percentage of front-loaded garages at or in front of the front-building line of the structure, step backs of at least 12 to 20, sideor rear-orientation of garages, or detached garages set behind the rear building line shall be used. H. Accessory Structures. Detached garages, carports, trash receptacles/dumpsters/compactors and other accessory structures shall incorporate UNIFIED DEVELOPMENT CODE PAGE

213 GENERAL DEVELOPMENT STANDARDS RESIDENTIAL DESIGN 407 compatible materials, scale, colors, architectural details and roof slopes as the primary multi-family buildings feature. Flat and shed roofs are prohibited. I. Vehicle and Pedestrian Circulation. 1. All buildings shall have a direct pedestrian connection at least 6 wide from the front entrance feature to the streetscape or common space. 2. Any project over 3 acres shall include a pedestrian circulation system connecting all streetscapes, internal access streets and common open spaces with direct walkways at least 6 wide. 3. Any project over 5 acres shall either be subdivided into blocks and lots meeting the standards of the UDC or provide internal access streets that mimic the pattern and design of public streets and blocks providing multiple and direct connections for vehicles and pedestrians to surrounding development. 4. Any internal streets and civic spaces shall meet the design standards for Street Types and Open Space types in Chapter 406. J. Access Limitation. 1. Driveway access shall be limited based upon the overall percentage of lot frontage, as specified in Section As an alternative to lots with a large percentage of curb cuts and front access driveways, small lots with narrow frontages shall use shared driveways, common driveways, internal access streets and alleys. 2. Projects with multiple multi-family buildings on a lot or parcel shall have the primary and direct vehicle access to a collector or arterial street classification. To the maximum extent practicable, access to a local street that also serves singlefamily residences shall not occur unless required for emergency. Large developments shall have two or more primary access points (150 to 199 dwelling units two primary access points are recommended; 200 or more dwelling units two or more primary access points are required.) K. Security and Crime Prevention. Site planning should integrate the principles of "Crime Prevention through Environmental Design" (CPTED) to the maximum extent practicable. Applicants are encouraged to consult with the Blue Springs Police Department and the Community Development Department regarding implementation of CPTED principles. Applicant participation will be noted on the staff reports delivered to the Planning Commission and to City Council. These principles include: 1. Territoriality. Space within the development and along the edges should be well defined and delineated to create a sense of ownership, such that intruders and strangers stand out. This may be accomplished through the use of pavement treatments, landscaping, art, signage, screening, fencing and similar techniques. 2. Natural surveillance. An environment should be created where it is possible for people engaged in their normal behavior to observe the spaces around them. Space visibility should be maximized through thoughtful design of building orientation, window placement, entrances and exits, landscaping of trees and shrubs and other physical obstructions. Nighttime illumination of parking lots, walkways, entrances, stairwells and related areas should be utilized to promote an environment in which natural surveillance is possible. UNIFIED DEVELOPMENT CODE PAGE

214 GENERAL DEVELOPMENT STANDARDS RESIDENTIAL DESIGN Access control. Access control should be planned and implemented to restrict criminal intrusion, especially in areas where activity cannot be easily observed. Access control may include, but is not limited to, use of fences, walls, landscaping and lighting to prevent or discourage public access to or from dark or unmonitored areas. In addition, sidewalks, pavement, lighting and landscaping areas should be used to guide the public to and from primary development entrances and exits. 4. Activity support. Activity support should be implemented by placing new or existing activities in an area so that individuals engaged in a particular activity become part of the natural surveillance of other areas. For example, picnic areas may be located next to tot lots, not away from such areas, to assist in observation of children at play. Additionally, playground fixtures should not be built near ponds or detention basins or near streets. 5. Maintenance. Landscaping, lighting fixtures and other features should be maintained to facilitate the principles of CPTED, territorial reinforcement, natural surveillance and access control. L. Privacy Assurance. 1. "Zero (0) lot line" side yard setbacks shall be permitted on one (1) side of a lot when shown on an approved final plat, provided that the side yard of the adjoining lot must be at least fifteen (15) feet. To maintain privacy for both the house and the adjoining side yard, windows shall be offset. Clerestory windows are encouraged on the zero (0) lot line side of the residence located on the zero (0) lot line at least six (6) feet above the inside floor levels. M. Open Space. 1. Projects with multiple multi-family buildings on a lot or parcel shall have common open space as an organizing element of the project. Pedestrian access to common open space systems shall occur within 500 feet of every dwelling unit. 2. Any project over 5 acres shall either be subdivided and meet the Open Space standards of Chapter 406, or provide internal open space that mimic the pattern and design of public open space systems. 3. The following areas are not allowed as part of the common open space: a. Active private recreation facilities such as clubhouses. b. Land on easements for overhead electric transmission lines. Section Non-Residential Design. [Ord. No , ] A. Applicability. The design standards of this Section shall apply in NB and more intensive zoning districts to any new development, building addition or exterior renovation that requires a building permit from the. Review for compliance with these standards shall be conducted in accordance with the Site Plan and Design Review Procedures of Section UNIFIED DEVELOPMENT CODE PAGE

215 GENERAL DEVELOPMENT STANDARDS NON-RESIDENTIAL DESIGN 407 B. Prohibited Materials. The following materials shall not be used as exterior building materials and shall be prohibited on all exterior walls: 1. Concrete finishes or precast concrete panels (tilt wall) that are not exposed aggregate, hammered, sandblasted or covered with a cement-based acrylic coating shall be prohibited; 2. Metal panels with a depth of less than one (1) inch or a thickness less than U.S. Standard 26 gauge shall be prohibited; and 3. Mirrored glass with a reflectance greater than forty percent (40%) shall be prohibited from covering more than forty percent (40%) of the exterior walls of any building. C. Preferred Materials. The use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding and metal ribbed panels is strongly discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood. D. Form, Scale and Proportion. The form and proportion of buildings shall be consistent with the scale, form and proportion of existing development in the immediate area. E. Masses and Voids. The rhythm of structural mass to voids, such as windows and glass doors, of a front facade shall relate to the rhythms established in adjacent buildings. F. Front and Street Side Exterior Walls. Front and street side exterior walls, excluding windows, doors and overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited. Visual interest may be accomplished through variations in building plane, materials, colors, entrance canopies, and other design features. G. Visual Interest. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. The use of different textures, complementary colors, shadow lines and contrasting shapes may also be used to provide visual interest. H. Screening of Equipment. 1. Roof-mounted equipment. Roof mounted equipment, including ventilators and satellite dishes shall be completely screened from view (one hundred percent (100%) opacity) or isolated so as not to be visible from any public right-of-way or residential zoning district within three hundred (300) feet of the subject lot. Roof screens, when used, shall be coordinated with the building to maintain a unified appearance. 2. Equipment at ground level. All electrical and mechanical equipment located at ground level shall be screened from view (one hundred percent (100%) opacity) or isolated so as not to be visible from the right-of-way of an arterial street or residential zoning district within three hundred (300) feet of the subject lot. Such screens and enclosures, when used, shall be coordinated with the building to maintain a unified appearance. UNIFIED DEVELOPMENT CODE PAGE

216 GENERAL DEVELOPMENT STANDARDS NON-RESIDENTIAL DESIGN 407 I. Security and Crime Prevention. Site planning should integrate the principles of "Crime Prevention through Environmental Design" (CPTED) to the maximum extent practicable. Applicants are encouraged to consult with the Blue Springs Police Department and the Community Development Department regarding implementation of CPTED principles. Applicant participation will be noted on the staff reports delivered to the Planning Commission and to City Council. These principles include: 1. Territoriality. Space within the development and along the edges should be well defined and delineated to create a sense of ownership, such that intruders and strangers stand out. This may be accomplished through the use of pavement treatments, landscaping, art, signage, screening, fencing and similar techniques. 2. Natural surveillance. An environment should be created where it is possible for people engaged in their normal behavior to observe the spaces around them. Space visibility should be maximized through thoughtful design of building orientation, window placement, entrances and exits, landscaping of trees and shrubs and other physical obstructions. Nighttime illumination of parking lots, walkways, entrances, stairwells and related areas should be utilized to promote an environment in which natural surveillance is possible. 3. Access control. Access control should be planned and implemented to restrict criminal intrusion, especially in areas where activity cannot be easily observed. Access control may include, but is not limited to, use of fences, walls, landscaping and lighting to prevent or discourage public access to or from dark or unmonitored areas. In addition, sidewalks, pavement, lighting and landscaping areas should be used to guide the public to and from primary development entrances and exits. 4. Activity support. Activity support should be implemented by placing new or existing activities in an area so that individuals engaged in a particular activity become part of the natural surveillance of other areas. For example, picnic areas may be located next to tot lots, not away from such areas, to assist in observation of children at play. Additionally, playground fixtures should not be built near ponds or detention basins or near streets. 5. Maintenance. Landscaping, lighting fixtures and other features should be maintained to facilitate the principles of CPTED, territorial reinforcement, natural surveillance and access control. Section Underground Utilities. [Ord. No , ] All newly constructed lines for telephone, electrical, television, and other services distributed by wire or cable shall be placed underground and shall not conflict with existing or planned pipelines or conduits or access to other utilities including sewer or water within the easement. This provision shall not be construed to prohibit the construction of above ground or surface equipment associated with an underground distribution system, such as (but not limited to) surface mounted transformers, power terminal pedestals, meters and meter boxes, concealed wires, street lights and street light poles. Section Minimum Livable Floor Area. UNIFIED DEVELOPMENT CODE PAGE

217 GENERAL DEVELOPMENT STANDARDS MINIMUM LIVABLE FLOOR AREA 407 [Ord. No , ] At the time of approval of a Preliminary Plat for a residential subdivision, the Planning Commission shall designate a minimum livable floor area classification for all lots within the subdivision. Livable floor area shall not include open or screened porches, garages or basements, except that finished basements designed for immediate living space shall count towards the overall floor area for residential buildings. Finished basements shall mean finished walls, flooring, ceilings, cabinets, shelving, doors, windows, electrical outlets, and plumbing. A. Classification and Minimum Livable Floor Areas. The range of classifications and corresponding minimum livable floor area shall be as follows. Classification Minimum Livable Floor Area (Square Feet) A 2,600 B 2,400 C 2,200 D 2,000 E 1,800 F 1,600 G 1,400 H 1,200 I 1,000 J 850 B. Criteria for Classification. Subdivisions are to be classified in a manner that minimizes the difference in dwelling sizes between adjacent residential developments. Unless the developer requests a higher classification, the Planning Commission shall not classify the subdivision more than one (1) step lower than the classification of the abutting subdivision. More than one (1) classification may be established within a subdivision when the Planning Commission finds such multiple classifications appropriate to provide a more harmonious transition in dwelling sizes. However, no more than one (1) classification may be imposed on a single block within the subdivision. In the event the proposed subdivision adjoins land not previously classified, the Planning Commission may designate a classification or classifications for the proposed subdivision that will, in its judgment, be in harmony with the surrounding area. In so doing, the Planning Commission may take into account the average livable floor area and the minimum dwelling size requirements set forth in deed restrictions of adjoining subdivisions and the overall intent of this Section C. Classifications to be Shown on Final Plat. Approved dwelling size classifications shall be depicted on the final plat that is submitted for recordation. D. Effect of Classification. No building permit shall be issued for construction of a singlefamily dwelling that contains a total livable floor area less than the minimum livable floor area permitted by the classification approved by the Planning Commission, and it shall UNIFIED DEVELOPMENT CODE PAGE

218 GENERAL DEVELOPMENT STANDARDS MINIMUM LIVABLE FLOOR AREA 407 be unlawful to construct a dwelling unit with less total livable floor area than the classification requires. E. Lots Not Classified. Each single-family dwelling to be constructed on land not previously assigned a minimum livable floor area classification shall contain a minimum floor area of eight hundred fifty (850) square feet. UNIFIED DEVELOPMENT CODE PAGE

219 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 Chapter 408. Supplemental Standards Section Flood Plain Management Section Historic Overlay District Section Telecommunications Facilities Section Micro-Wind Turbines All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City s Website. Section Flood Plain Management (FW-O and FF-O Districts) [Ord. No , ; Ord. No , ; Ord. No , ] A. Intent. The intent of the Flood Plain Management Overlay District regulations of this Section are to: 1. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities. 2. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. 3. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. 4. Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program. B. Warning And Disclaimer Of Liability. The degree of flood protection required by this Section 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 waterway/storm water conduit openings restricted by debris. This Section 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 Section shall not create a liability on the part of the, any officer or employee thereof, for any flood damages that may result from reliance on this Section or any administrative decision lawfully made thereunder. C. Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control as to this Section. In all other cases, the definitions of Chapter 411 shall apply. 1. Actuarial or 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 UNIFIED DEVELOPMENT CODE PAGE 408-1

220 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. 2. Area of Special Flood Hazard means the land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year. 3. Base Flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. 4. Basement means any area of the structure having its floor subgrade (below ground level) on all sides. 5. 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. 6. Existing Construction means for the purposes of determining rates, structures for which the "start of construction" commenced before November 18, 1996, of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures". 7. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or b. The unusual and rapid accumulation of runoff of surface waters from any source. 8. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community. 9. Flood Insurance Study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. 10. Floodplain means any land area susceptible to being inundated by water from any source (see flooding). 11. Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood drainage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. 12. Floodproofing means any combination of structural or non-structural 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. 13. 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 (1) foot. 14. Floodway Fringe means that area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year). 15. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for UNIFIED DEVELOPMENT CODE PAGE 408-2

221 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 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 wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed. 16. Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 17. Lowest Floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in any 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 flood proofing design requirements of this Chapter. 18. Manufactured Home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home", also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 19. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. 20. New Construction means structures for which the "start of construction or substantial improvement" is commenced on or after November 18, 1996, of the FIRM. 21. Start of Construction means (for other than new construction or substantial improvements under the Coastal barrier Resource Act (Pub. L ) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or 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; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, 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 (1st) alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. 22. Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground. 23. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would UNIFIED DEVELOPMENT CODE PAGE 408-3

222 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. 24. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first (1st) alteration of any walls, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing, State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. D. Administration. The Community Development Director shall administer and implement the flood plain management regulations of this Section. The duties of the Community Development Director shall include, but not be limited to: 1. Review all construction permits to assure that sites are reasonably safe from flooding and that the permit requirements of this regulation have been satisfied. 2. Review permits for proposed construction to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3. Notify adjacent communities and the Missouri State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency. 4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 5. Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basements) of all new or substantially improved structures. 6. Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed. 7. When floodproofing is utilized for a particular structure, the Community Development Director shall be presented certification from a licensed professional engineer or architect. E. Districts Established. The mapped flood plain areas within the City are hereby redivided into two (2) Overlay Zoning Districts: (1) the FW-O, Floodway Overlay District and (2) the FF-O, Floodway Fringe Overlay District. Within these Overlay Districts all uses shall be required to comply with the standards of this Section and the standards of the underlying zoning district. This Section and the districts to be established hereafter shall apply to all lands within the jurisdiction of the identified as numbered or unnumbered A Zones and AE, AO and AH Zones on the Flood Insurance Rate Maps (FIRM) for Jackson County Panels 29095C0184F, 29095C0187F, UNIFIED DEVELOPMENT CODE PAGE 408-4

223 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT C0189F, 29095C0191F, 29095C0192F, 29095C0193F, 29095C0194F, 29095C0211F, 29095C0213F, 29095C309F, 29095C0310F, 29095C326F, 29095C0328F dated September 29, 2006, as amended, and any future revisions. Selection of the regulatory flood is based upon engineering calculations that permit consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood that is reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter is in general order of a flood that could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's Flood Insurance Study and illustrative materials for Jackson County, Missouri, dated September 29, 2006, as amended, and any future revisions thereto. F. General Standards. The following standards shall apply within the FW-O and FF-O Districts. 1. Permits and compliance. No permit for construction shall be granted for new construction, substantial improvements and other improvements including the placement of mobile homes and manufactured housing units within all numbered and unnumbered A Zones (including AE Zone) unless the conditions of this Section are satisfied. 2. A-Zone. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all construction provisions of this regulation. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources. 3. General requirements. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of mobile homes and manufactured housing units and other developments shall require: a. Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. New or replacement water supply systems or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination. c. Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation. e. That until a floodway has been designated, no construction, including landfill, may be permitted within Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated UNIFIED DEVELOPMENT CODE PAGE 408-5

224 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross-section of the reach in which the construction or landfill is located as shown on the Flood Insurance Rate Study. f. Storage of material and equipment. (1) The storage or processing of materials that are, at the time of flooding, buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life is prohibited. (2) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. g. Subdivision proposals and other proposed new construction, including mobile home parks or subdivisions, be 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, elevated and constructed to minimize or eliminate flood damage. (3) Adequate drainage is provided so as to reduce exposure to flood hazards. (4) Proposals for construction (including proposals for mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation. G. FW-O District Standards. The following standards shall apply within the FW-O District. 1. Permitted uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the FW-O District to the extent that they are not prohibited by any other ordinance. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional licensed engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to all of the standards of this Section. The following are recommended uses for the FW-O District: a. Agriculture, limited; b. Agriculture, general; c. Airports or airstrips; d. Parks and recreation; e. Golf courses; f. Residential accessory uses such as lawns, gardens, parking and play areas; and g. Non-residential accessory uses such as parking and loading areas. H. FF-O District Standards. The following standards shall apply within the FF-O District. UNIFIED DEVELOPMENT CODE PAGE 408-6

225 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT Permitted uses. Any use permitted in the FW-O District shall be permitted in the FF-O District. 2. Supplemental standards. The following supplemental standards shall apply within the FF-O District: a. New construction or substantial improvements of residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation. b. New construction or substantial improvements of non-residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level 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. A licensed professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Community Development Director. c. In new construction and substantial improvements, fully enclosed areas below the lowest floor 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 floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than three (3) feet above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. All mobile homes and manufactured housing units shall be anchored to resist flotation, collapse, or lateral movement. Mobile homes and manufactured housing units must be anchored in accordance with the local Building Codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met: (1) Over-the-top ties be provided at each of the four (4) corners of the mobile home or manufactured housing units, with two (2) additional ties per side at intermediate locations and mobile homes and manufactured housing units less than fifty (50) feet long requiring only one (1) additional tie per side; (2) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes and manufactured housing units less than fifty (50) feet long requiring four (4) additional ties per side; (3) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (4) Any additions to the manufactured home be similarly anchored. UNIFIED DEVELOPMENT CODE PAGE 408-7

226 SUPPLEMENTAL STANDARDS FLOOD PLAIN MANAGEMENT 408 e. All mobile homes and manufactured housing units shall be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home or manufactured housing unit is at or above three (3) feet above base flood elevation; and be securely anchored to an adequately anchored foundation system. Section H-O, Historic Overlay District. [Ord. No , ; Ord. No , ] A. Purpose. The H-O, Historic Overlay District is intended to advance the following goals: 1. Protect, enhance and perpetuate such buildings, structures or land improvements and districts that represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Safeguard the City's historic, aesthetic and cultural heritage as reflected in such buildings, structures or land improvements and districts; 3. Foster civic pride in the beauty and accomplishments of the past; 4. Strengthen the economy of the City; 5. Promote the use of a Historic District and Landmark as educational and cultural resources of the City; and 6. Promote the safety and general welfare of the residents of the City of Blue Springs. B. Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control. In all other cases, the definitions of Chapter 411 shall apply. 1. Alteration means any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure. 2. Construction means the act of adding an addition to an existing structure or the erection of a new principle or accessory structure on a lot or property. 3. Demolition means any act or process that destroys in part or in whole a landmark or structure within an H-O District. 4. Removal means relocation of a structure on its site or to another site. 5. Repair means any change that is not construction, removal, or alteration. C. Application Effect Of H-O Zoning. The H-O District shall be applied in combination with the underlying zoning district classification to designate properties designated as Historic Landmarks or Historic Districts. In case of conflict between the underlying zoning district regulations and the H-O District regulations, the H-O District regulations shall control. D. Procedures. The H-O District shall be applied to property pursuant to the zoning amendment procedures of Section , provided that the Historic Preservation UNIFIED DEVELOPMENT CODE PAGE 408-8

227 SUPPLEMENTAL STANDARDS HISTORIC OVERLAY DISTRICT 408 Commission shall issue a recommendation to the Planning Commission prior to the Planning Commission's consideration of the application for H-O zoning. E. Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape elements, works of art, or any integrated combination thereof may be designated for preservation if it: 1. Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation; or is associated with the life of a person significant in the past; 2. Exemplifies the cultural, political, economic, social or historical heritage of the community; 3. Portrays the environment in an era of history characterized by a distinct architectural style; 4. By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or 5. Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City. F. Additional Uses Allowed. Properties zoned H-O shall be subject to the use regulations of the underlying zoning district, provided that the following uses may be allowed as conditional uses if reviewed and approved in accordance with the conditional use review and approval procedures of Section Accessory apartments. One (1) accessory apartment may be allowed as a conditional use in a single-family dwelling unit, subject to the following conditions: a. The apartment is created only through the internal conversion of the existing single-family dwelling and the apartment is clearly a subordinate part of it; b. Either the accessory apartment unit or the principal dwelling unit is occupied by the owner of the lot on which the accessory apartment unit is located; c. Adequate provision is made for off-street parking with a minimum of one (1) additional off-street parking space for the accessory apartment and two (2) for the principal dwelling unit. Parking is prohibited in the front yard but may be located to the side or rear of the structure provided that the setback complies with all development code setback standards. Fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of motor vehicles may be required; and d. The dwelling unit shall be designed and constructed in accordance with all requirements of the International Building Code. 2. Bed and breakfast inn. In any structure constructed before April 20, 1987, and originally designed as a single-family dwelling unit, a bed and breakfast may be allowed as a conditional use, subject to the following standards: a. The operator of the bed and breakfast is a full-time resident of the dwelling. b. No employees except those who are full-time residents of the dwelling shall be allowed. UNIFIED DEVELOPMENT CODE PAGE 408-9

228 SUPPLEMENTAL STANDARDS HISTORIC OVERLAY DISTRICT 408 c. A minimum of two (2) off-street parking spaces, plus one (1) per guest room shall be provided. Parking is prohibited in the front yard but may be located to the side or rear of the structures provided the setback complies with development code setback standards. Fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of motor vehicles may be required. d. A maximum of four (4) guest rooms are provided and each guest's stay is limited to fourteen (14) consecutive days. The quarters to be used by the guests and the occupants of the premises shall be in the principal residential structure. Separate structures, accessory buildings and garages are not permitted to be used as living units or sleeping rooms. e. No exterior evidence of the bed and breakfast inn shall be allowed except that one (1) two by two (2 x 2) foot attached sign shall be permitted. Plans for all proposed exterior changes, including signage, parking, fencing and changes to the structure, will be required. Any room additions or expansions must be compatible with the existing architectural style of the building. f. No food preparation, except beverages, is allowed within the individual guest rooms. Meal service shall be restricted to residents and overnight guests only. No receptions, private parties, etc., shall be permitted. g. The resident owner shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license of all guests. h. The bed and breakfast operator shall be required to receive an occupational license. 3. Duplex dwelling units. Duplex dwellings shall be a conditional use in the H-O District, subject to the following standards: a. Such new construction shall maintain the visual style and image of the surrounding neighborhood including setbacks, building scale, parking and building orientation. b. Every effort shall be made to preserve existing trees on the site. 4. Arts and crafts studios. Arts and crafts studios shall be a conditional use in the H- O District. 5. Art galleries. Art galleries shall be a conditional use in the H-O District. 6. Antique shops. Antique shops shall be a conditional use in the H-O District. 7. Museums. Museums shall be a conditional use in the H-O District. 8. Restaurants. Restaurants shall be a conditional use in the H-O District. G. Designation of H-O (Historic Overlay) Zoning Districts and Landmarks. [Ord. No , ] 1. Recommendations. The Historic Preservation Commission shall recommend to the Planning Commission and City Council the consideration for adoption of ordinances designating single structures or sites, portions of structures, groups of structures, landscaped elements, works of art, or integrated combinations thereof having a special historical or architectural interest or value as Landmarks or UNIFIED DEVELOPMENT CODE PAGE

229 SUPPLEMENTAL STANDARDS HISTORIC OVERLAY DISTRICT 408 Historic Overlay (H-O) Zoning Districts. Such recommendations shall be accompanied by written reports describing the character and significance of the proposed Landmark or Historic Overlay District, outlining its proposed boundaries, and recommending specific criteria and guidelines to preserve its significance. Recommendations should also consider any Comprehensive Plan policies, projected public improvements and existing and proposed renewal and development plans applicable to the area to be affected by designation. 2. Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape element, works of art, or any integrated combination thereof may be designated as a Landmark or Historic Overlay zoning district if it: a. Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation or is associated with the life of a person significant in the past; b. Exemplifies the cultural, political, economic, social or historical heritage of the community; c. Portrays the environment in an era of history characterized by a distinct architectural style; d. By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or e. Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City. 3. Amendments To Official Zoning Map (Rezonings). A recommendation to designate a specific property as a Landmark or Historic Overlay Zoning District shall be considered an application for amendment of the Official Zoning Map. The procedure for designation of property as a Landmark or Historic Overlay District shall be the same as for other amendments to the Official Zoning Map under Section , except that the Historic Preservation Commission shall be required to make a recommendation regarding designation prior to consideration by the Planning Commission. 4. Designation By Ordinance And Map. Upon approval of Landmark designation or Historic Overlay zoning by the City Council, the Landmark or Historic Overlay Zoning District shall be classified and designated as an "H-O" District on the Official Zoning Map. The designating ordinance shall prescribe the significance of the building or site including its specific exterior architectural features; establish specific design guidelines, including minimum maintenance standards, permitted uses, height and area regulations and where appropriate the proportions of windows and doors, relationship of building masses and spaces, roof shapes, landscaping, signage, and any other criteria or guidelines necessary to accomplish and preserve the particular criteria for designating such property as a Landmark or Historic Overlay Zoning District. 5. Notification Of Approved Designation. Within fifteen (15) days of the date that the City Council approves the ordinance designating property as a Landmark or UNIFIED DEVELOPMENT CODE PAGE

230 SUPPLEMENTAL STANDARDS HISTORIC OVERLAY DISTRICT 408 Historic Overlay District, the City Clerk shall send certified mail to the owner of record of each property so designated or each property within the designated district a copy of the ordinance and written explanation outlining the basis for such designation and the obligation and restrictions which result from such designation. 6. Moratorium On Application For Construction, Alteration Or Demolition While Designation Pending. No application for a permit to construct, alter or demolish any structure or other feature in a proposed Landmark or Historic Overlay Zoning District, filed subsequent to the day that notice of a proposed designation has been first given to initiate designation of said Landmark or Historic Overlay District, shall be approved by the Director of Community Development while proceedings are pending on such designations; provided however, that if after one hundred twenty (120) days have elapsed from the date of the initiation of said designation, the final action on such designation has not been completed, the permit application may be processed. H. Review of Development/Demolition Applications Within H-O Districts. [Ord. No , ] 1. Applicability. The Director of Community Development shall provide appropriate permit information to the Historic Preservation Commission for review before any of the following actions may be taken on a landmark or to a building, structure, or feature of the land located within a Historic Overlay Zoning District: a. Demolition; b. Moving; d. Material change in the exterior appearance by construction of additions, alterations, or maintenance; or d. New construction of a principal building or accessory building within a Historic Overlay District or on the property of a landmark. 2. Plan Submittal. An applicant requesting permit approval must submit proposed plans to the Director of Community Development in sufficient detail for the Director of Community Development and Historic Preservation Commission to have full knowledge of the requested alteration, particularly how the proposed action will affect the appearance, materials and architectural design of landmark, or the buildings, structure of land within a Historic Overlay District. 3. Public Meeting. The Historic Preservation Commission shall review permit applications at its regular meetings. Each applicant for application approval shall be notified prior to the Historic Preservation Commission meeting at which the subject application will be reviewed. 4. Report. A written report of recommendation on the permit by the Historic Preservation Commission shall be forwarded to the applicant and Director of Community Development within forty-five (45) days of receipt of the application by the Historic Preservation Commission. 5. Review Criteria. UNIFIED DEVELOPMENT CODE PAGE

231 SUPPLEMENTAL STANDARDS HISTORIC OVERLAY DISTRICT 408 a. Development permits. In acting on permit requests under this Section, the Historic Preservation Commission shall consider the extent to which the buildings or structures would be harmonious with or incongruous to the old and historic aspects of the surroundings. It is not the intent of this consideration to discourage the contemporary architectural expression or to encourage the emulation of existing buildings or structures of historic or architectural interest in specific detail. Harmony or incompatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, placement, and use of a new building or structure in relationship to existing buildings and structures and to the setting thereof. b. Demolitions. In the case of the proposed demolition of an existing landmark or building within a Historic Overlay District, the Historic Preservation Commission shall review such application and consider the following factors: (1) The City's interest in protecting the public's health, safety, and general welfare. (2) The detrimental impact upon the historic architectural, cultural, or economic character of the district or community in general. (3) The structural feasibility of rehabilitation considering both the technological feasibility and the economic feasibility. (4) The cost of rehabilitation and the remaining economic use of the property if rehabilitated, and the economic impact and hardship upon the owner. 6. Effect Of Report/Recommendation. The Historic Preservation Commission's recommendation for approval or disapproval of said permit application shall not be binding on the Director of Community Development. 7. Guidelines For Rehabilitation. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the Historic Preservation Commission's general guide concerning landmarks and older buildings in Historic Overlay Districts. Section Telecommunications Facilities. [Ord. No , ; Ord. No , ; Ord. No , ] A. Applicability. The following regulations shall apply to new telecommunications facility uses, including facility replacement as set forth in sub-section (D)(8). It shall not govern any broadcasting facility, one owned and operated by a Federally licensed amateur radio station operator, or one used exclusively for receive-only antennas. The use shall not be regulated or permitted as an essential service public utility or private utility. The foregoing notwithstanding, all pre-existing telecommunications facilities within the City of Blue Springs, Missouri, at the time of passage of this Section shall be registered with the City's Director of Community Development within sixty (60) days from the effective date UNIFIED DEVELOPMENT CODE PAGE

232 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 hereof together with the height, width and location thereof. The shall use its best efforts to notify all persons or entities subject to the registration of the registration requirement, but the failure of the City to notify an individual or entity shall not relieve such individual or entity of the requirement of registration. Failure to register an existing telecommunications facility shall raise a presumption that said telecommunications facility was not a legal non-conforming use on the date of passage of this Section. Except as provided in this Section, any current legal use being made of an existing telecommunications facility on the effective date of this Section (herein "nonconforming structures") shall be allowed to continue, even if in conflict with the terms of this Section. However any pre-existing telecommunications facilities must comply with any FAA or FCC regulation or standard that requires retroactive application within six (6) months of the effective date of such standard or regulation, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to comply within the specified time period shall constitute grounds for removal of the facility at the operator's expense. Any telecommunications facility site that has received City approval in the form of either a conditional use permit or building permit prior to the effective date of this Section, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired. B. Purpose. The purpose of these provisions shall be: 1. To provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Blue Springs; 2. To minimize adverse visual impacts of communications antenna and support structures through careful design, siting, landscape screening and innovative camouflaging techniques; 3. To maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities; 4. To promote and encourage shared use/co-location of towers and antenna towers as a primary option rather than construction of additional single-use towers; 5. To ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; 6. To facilitate the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process; 7. To avoid potential damage to adjacent properties from tower failure through careful siting of tower structures; 8. To ensure that the regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service; 9. To create a hierarchy that influences both where new telecommunications towers and facilities are located and the types of antennas that are used and that favors co-location and City owned sites and promotes use of an antenna with the least amount of adverse visual impact; and UNIFIED DEVELOPMENT CODE PAGE

233 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES To encourage the location of telecommunications towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. 11. Telecommunications towers shall, to the extent possible, accommodate emergency services antennas and shall not interfere with any existing emergency service facilities. C. Definitions. The following definitions shall be used relating to this Section. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. ANTENNA. A transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth signals. This definition does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or multi-channel multi-point distribution services, as defined and regulated by 47 C.F.R. Statute , as amended. ANTENNA DISH (DISH ANTENNA, SATELLITE DISH). An antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites. ANTENNA TOWER. A structure used to support an antenna at some height above the ground which may be referred to as a "tower". BACKHAUL NETWORK. The lines that connect a telecommunication service provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. BROADCASTING FACILITY. Any telecommunication tower built primarily for the purpose of broadcasting AM, FM or television signals. CABLE MICRO-CELL NETWORK. A series of multiple low-power transmitters/receivers attached to existing wirelines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A cable micro-cell network is assumed to require co-location on existing poles. CITY OWNED. Titled in the name of the or the Blue Springs Public Building Authority. CO-LOCATED TELECOMMUNICATIONS FACILITY. The placement of a new telecommunications facility on an existing telecommunications tower, existing building or structure. DISH ANTENNA. See "ANTENNA DISH". ESSENTIAL SERVICE. Those services provided by the City and other governmental entities that directly related to the health and safety of its residents, including fire, Police and rescue. EXISTING TOWER. Any telecommunications tower in existence at the time a telecommunications site plan is submitted. FAA. The Federal Aviation Administration. FCC. The Federal Communications Commission. FAIR MARKET VALUE. The price at which a willing seller and a willing buyer will trade. UNIFIED DEVELOPMENT CODE PAGE

234 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 GUYED TOWER. A telecommunications tower that is supported, in whole or part, by guyed wires and ground anchors. LATTICE TOWER. A telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guyed wires or other supports. MAJOR TELECOMMUNICATIONS FACILITY SITE PLAN. See subsection (G)(11). MICRO-CELL NETWORK. A series of multiple low-power transmitters/receivers of limited range that transmit to an antenna that is attached to existing wirelines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A micro-cell network is assumed to require co-location on existing poles. MICROWAVE DISH ANTENNA. A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports. MINOR TELECOMMUNICATIONS FACILITY SITE PLAN. See subsection (F)(8). MONOPOLE TOWER. A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports. OPERATOR. An individual, partnership, association, joint stock company, trust or corporation engaged in control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission including, but not limited to, a tower, antennae, associated buildings, cabinets and equipment. For the purposes of this Article, an "operator" may or may not hold a sublease, license or title on or for the lot on which a tower is sited. OWNER. Either the owner of the real property on which the telecommunications facility, tower or antenna is located or the owner of the telecommunications facility, tower or antenna itself. PANEL ANTENNA. A flat, rectangular antenna or array of antennas designed to concentrate a radio signal in a particular area. PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. PRE-EXISTING FACILITY, TOWER OR ANTENNAE. Any facility, tower or antenna which has been constructed or for which a building permit has been properly issued prior to the effective date of this Section, including permitted facilities, towers or antennae that have not yet been constructed so long as such approval is current and not expired. PRIVATELY OWNED. Owned by any entity other than City owned. PUBLIC UTILITY. Any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public. SATELLITE DISH. See "ANTENNA DISH". SECTION. Section of the Blue Springs Code of Ordinances and all its Subsections. TELECOMMUNICATIONS OR COMMUNICATIONS. The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses, or other similar means including, but not limited to, any "telecommunication service", "enhanced service", "information service" or "internet service", as such terms are now, or may be in the future be, defined under Federal law. UNIFIED DEVELOPMENT CODE PAGE

235 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols. TELECOMMUNICATIONS FACILITY. Any cables, wires, lines, wave guilds, antennas and any other equipment or facility that is used or associated with the provision of one (1) or more telecommunications services including, without limitation, radio transmitting towers, telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. The term "telecommunications facility" shall specifically exclude amateur radio transmitting towers and broadcasting facilities. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service as defined by federal law. TELECOMMUNICATIONS SERVICES. The offering of telecommunications (for the transmission, between and among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received, by wire, radio, optical cable, electronic impulses, or other similar means) for a fee directly to the public, or to such classes or users as to be effectively available directly to the public, regardless of the facilities used. They include all instrumentalities, facilities, apparatus and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to the transmissions. Personal wireless telecommunications services shall not be considered as essential services, public utilities or private utilities. TELECOMMUNICATIONS STEALTH FACILITY. A state of the art facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that make it not readily identifiable as a telecommunications facility. An existing or proposed structure may or may not have a secondary function (e.g., bell tower, spire, flagpole, etc.). This term shall be synonymous with "camouflaged facility". TELECOMMUNICATIONS TOWER HEIGHT. The vertical distance measured from the finished grade of the parcel to the highest point of the structure, including the base pad. This measurement does not include antenna, lighting or lightning rods which extend vertically from the highest point of the structure. TELECOMMUNICATIONS TOWER. Any structure and support thereto designed and constructed primarily for the purpose of supporting one (1) or more antennas intended for transmitting or receiving personal wireless services, telephone, and similar and other telecommunications purposes and services including lattice, monopole, and guyed towers. The term includes personal wireless service facilities for the provision of commercial mobile services, unlicensed wireless service facilities (telecommunications services using duly authorized devices which do not require individual licenses), and common carrier wireless exchange access services. Also referred to as "tower". The term does not include radio and television transmission towers, amateur radio transmitting towers and broadcast facilities. UNLICENSED WIRELESS SERVICE. The offering of telecommunications service using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services. WHIP ANTENNA. A cylindrical antenna that transmits signals in three hundred sixty degrees (360 ). D. General Regulations Local, State And Federal Requirements. UNIFIED DEVELOPMENT CODE PAGE

236 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES A telecommunications facility (also referred to herein as "facility") owner shall certify to the City that all franchises/licenses required by law for the provision of telecommunication services in the City have been obtained and shall file a copy of these with the City. The construction, operation and repair of a facility shall be in accordance with all applicable local, State and Federal requirements. The construction, operation and repair shall be performed in a manner consistent with the applicable industry standards, including the Electronic Industries Association. The facility must be designed to meet or exceed current standards and regulations of the FAA and FCC, including emissions standards, and any other agency of the local, State or Federal Government with the authority to regulate the facility prior to issuance of a building permit by the City. A statement shall be submitted by a licensed engineer certifying compliance with this Subsection. If such applicable Federal or State standards and regulations require retroactive application, then the facility owner shall bring its facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring it into compliance with such revised standards and regulations shall constitute grounds for removal at the facility owner's or operator's expense or the landowner s expense. 2. Inspection. The City reserves the right to conduct periodic inspection of facilities to ensure structural and electrical integrity. If inspection determines noncompliance with applicable Codes and standards, then, upon notice, the owner shall have no more than thirty (30) days to bring the facility into compliance unless a time extension has been granted for good cause by the Director of Community Development. Failure to do so within thirty (30) days, unless a time extension has been granted for good cause by the Director of Community Development, shall constitute grounds for the removal of the facility at the facility owner's or operator's expense or the landowner s expense. 3. Lighting. No signals, artificial lights or illumination shall be permitted on any facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way. 4. Signs. No signs, including commercial advertising, logo, political signs, flyers, flags or banners, but excluding elements that are part of a stealth design and warning signs, shall be allowed on any part of an antenna or telecommunications tower (also referred to herein as "tower"). Any signs placed in violation of this Subsection shalt be removed immediately by the owner or the operator or by the City at the owner's or operator's expense. Notwithstanding any contrary provisions of the City's Unified Development Code or Sign Code, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable: a. If high voltage is necessary for the operation of the tower or any backhaul network or associated equipment, "HIGH VOLTAGE DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than twenty (20) feet apart. UNIFIED DEVELOPMENT CODE PAGE

237 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 b. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart; (a) the height of the lettering of warning signs shall be at least twelve (12) inches and the signs shall be installed at least five (5) feet above the finished grade; (b) the warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping. 5. Parking. Each facility site shall provide paved parking only for use by maintenance personnel. A minimum of one (1) space shall be provided per user located on the facility site. No vehicle storage shall occur. 6. Security fencing. Towers and associated accessory building/equipment shall be enclosed by a security fence or wall that is a minimum of seven (7) feet in height and is equipped with an anti-climbing device or apparatus. Access shall be through a locked gate or door in the required fence or wall. A description of proposed security measures shall be provided as part of any application to install, build or modify a telecommunications facility. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director of Community Development or the Planning Commission or the City Council in the case of a conditional use permit so long as the additional measures are reasonably related to a security issue. Fencing shall be maintained as required by Chapter 407 of the Unified Development Code regardless of the zoning district in which it is located. 7. Outdoor storage. No outdoor storage of vehicles, materials or equipment is permitted. Mobile or immobile equipment not used in direct support of the facility shall not be stored or parked on site unless repairs to the facility are being made. 8. Facility replacement. a. Modification to existing site. Up to fifty percent (50%) of the height of an existing tower may be replaced with no increase in height as part of modifications made to provide for co-location of a new facility. Replacement of more than fifty percent (50%) shall be considered a new tower and shall meet all of the applicable requirements. b. Rebuilding damaged or destroyed existing site. Existing towers and facilities that are damaged or destroyed may be rebuilt through administrative review and approval (minor telecommunications site plan review, see subsection (H)(3)(b), provided the replacement tower or facility is the same as the original in type, location and intensity or brings a previously non-conforming tower or facility into greater conformance and no more than fifty percent (50%) of the tower or facility is involved. If more than fifty percent (50%) of the tower or facility is involved, it shall be considered a new facility that shall meet all of the applicable requirements. All replacement shall comply with the then applicable Building Codes and building permits obtained and be completed within one hundred eighty (180) days from the date the tower or facility is damaged or destroyed. If no building permit is obtained or it expires, or replacement is not timely completed, the tower or facility shall be deemed abandoned. 9. Removal of abandoned facility. Any facility deemed abandoned pursuant to this Code or any facility that is not operated for a continuous period of twelve (12) UNIFIED DEVELOPMENT CODE PAGE

238 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 months shall be considered abandoned, and the owner or last operator thereof shall remove it within ninety (90) days of receipt of written notice to remove from the City. Failure to remove an abandoned tower or facility within the ninety (90) days shall be grounds to remove it at the facility owner's or last operator's expense or the landowner s expense. If there are two (2) or more users of a single tower or facility, then this provision shall not become effective until all users cease using it. 10. Facility appearance. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness and so as to be consistent with the natural or built environment of the site. b. The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. Camouflage and stealth technology, if available and economically feasible, shall be used to minimize visual impact on surrounding property. Additionally the design of the site shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All towers will be constructed using monopole and/or stealth design unless specifically provided for elsewhere in this Section. c. Facilities must comply with all applicable landscaping requirements of this Code. The City may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts. At a minimum the landscaping shall consist of a landscape strip of not less than ten (10) feet in width planted with materials which will provide a visual barrier to a minimum height of six (6) feet, as approved by the City. The landscape strip shall be exterior to any security wall. These requirements may be waived by the Governing Body where natural growth and land forms provide an equivalent buffer. Existing mature trees and land forms of the site shall be preserved to the maximum extent possible. d. For co-located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to minimize the visual impact and enhance compatibility with surrounding development. e. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be to the maximum extent practicable, of stealth design. 11. Security fund. a. Every provider of telecommunications services and telecommunications operator shall establish a cash security fund, or irrevocable letter of credit, to secure the payment of removing their tower or facility that has been determined to be abandoned, to secure the payment of removing their tower or facility that has been determined to be in non-compliance with UNIFIED DEVELOPMENT CODE PAGE

239 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 this Code, and to provide the City a fund from which to deduct fines and penalties for non-compliance with this Code or other applicable laws unless prohibited by valid and applicable state or federal law. The amount to be provided for each tower shall be twenty-five thousand dollars ($25,000.00); the amount for each antenna array shall be five thousand dollars ($5,000.00). b. In the alternative, said provider or operator may, in lieu of the cash security fund or irrevocable letter of credit, file and maintain with the City a bond in the amount of twenty-five thousand dollars ($25,000.00) for each tower and the amount of five thousand dollars ($5,000.00) for each antenna array. The operator and provider and the surety shall be jointly and severally liable under the terms of the bond. c. Any reduction in the security fund provided, because of deductions of fines, penalties or removal costs, shall be replenished to the total of the required amount within thirty (30) days after notice from the City of the amount deducted and the deficiency created thereby. d. Within a reasonable period of time, not to exceed three (3) months after the tower or antenna is removed, any remaining funds on deposit with the City pursuant to this Section, after application and above all expenses provided for herein, shall be refunded to the appropriate provider or operator who created the security fund. 12. Building Codes safety standards. Prior to the issuance of a building permit to construct a facility, antenna or tower, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Director of Public Works or his/her designee concludes that a tower fails to comply with such Codes and standards, then upon notice being provided to the operator or owner of the tower, the operator shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring a tower into compliance within thirty (30) days shall constitute grounds for the removal of the tower at the owner's or operator's expense. 13. Franchises. Owners and/or operators of towers and antennae shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the have been obtained and shall file a copy of all required franchises with the Director of Community Development as part of the minor or major telecommunications site plan submission. 14. Separation. All towers shall be separated by a distance of one (1) mile. A new tower shall not be permitted in a location within one (1) mile distance of another tower, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the second twoer is necessary to the provision of service within the to a standard mandated by federal law and as demonstrated pursuant to this Section. 15. (Reserved) UNIFIED DEVELOPMENT CODE PAGE

240 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 E. Siting Alternatives Hierarchy. Development of a facility use shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be la, lb, 2a, 2b, 3a, 3b. Where a lower ranked alternative is proposed (e.g., 2b), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or reasonably available. 1. Co-location on existing telecommunications tower. a. On City-owned site. b. On privately-owned site. 2. Co-location on existing building/other structure. a. On City-owned site. b. On privately-owned site. 3. Development of new telecommunications tower. a. On City-owned site. b. On privately-owned site. F. Co-Location Regulations. The following are required for co-location of facilities, towers or antennae: 1. Use regulations. a. Co-location is permitted in any zoning district. 2. Height. a. Tower (see sub-section (G)(3)). b. Building/other structure. The minimum height of the building/structure before installation of the telecommunications facility shall be fifty (50) feet. The maximum height of the telecommunications facility or antenna installed on an existing building or structure other than a tower shall not exceed twenty (20) feet above the building/structure. 3. Antenna type. To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be a, b, c, d. Where a lower ranked alternative is proposed (e.g., c), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible. a. Stealth. b. Panel. c. Whip. d. Dish. 4. Modification. Modifications to the structure to accommodate co-location subject, however, to sub-section (D)(8). 5. Future co-location. Wherever feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public purposes or demonstrate by substantial evidence that it is not feasible. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties. UNIFIED DEVELOPMENT CODE PAGE

241 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES Lease. The City may require, as a condition of entering into a lease agreement with the City, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease. 7. Equipment structure. a. Ground installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district. b. Roof installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure), subject to compliance with the regulations of all Building Codes adopted by the City. 8. Telecommunications facility site plan. A minor telecommunications facility site plan that meets the requirements of Section sub-section (H)(3) shall be submitted with an application for co-location, except that for a micro-cell network or cable micro-cell network a minor telecommunications facility site plan shall not be required for each individual low-power transmitters/receivers, but one is required for each facility that transmits to, or receives from, the individual low-power transmitters/receivers. G. New Telecommunications Facility, Telecommunications Tower And Antenna Regulations That Are Not Co-Located. The following are required for new facilities, towers or antennae: 1. Use regulations (where allowed subject to the requirements of this Section). a. Permitted use (subject to requirements of this Section). (1) City owned property. (2) "HI" - Heavy Industrial District. A telecommunications tower may also be incorporated into new development of a permitted use as an accessory use, provided the permitted principal use is a telecommunications-related use and the applicant demonstrates that the telecommunications tower is a necessary and inseparable part of the operations of the use. In such cases, the telecommunications tower and any associated equipment structure shall comply with sub-section (G) and all other applicable Code provisions. b. Conditional use (obtained pursuant to Section : Conditional Use Permits). (1) "GB" - General Business District. (2) "RC" - Regional Commercial District. (3) "SO" - Service/Office District. (4) "LI" - Light Industrial District. (5) Any commercial or industrial zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB". c. Accessory use. A new telecommunications tower that is, or will be, accessory to a principal use shall be located only in the side or rear of the property. Accessory uses and activities shall be subject to the same UNIFIED DEVELOPMENT CODE PAGE

242 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 regulations as apply to principal uses in each district, unless otherwise stated. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal uses allowed in zoning districts. 2. Minimum setbacks. One hundred ten percent (110%) of the tower height. The City Council may, on appeal, reduce the minimum setback along a public right-ofway to fifty percent (50%) of the tower height if the applicant demonstrates that the facility incorporates stealth design. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located, except that, in addition, ground anchors of all guyed telecommunications towers, if permitted, shall be located on the same parcel as the tower and shall meet the setbacks of the applicable zoning district. The equipment or associated structure shall meet the minimum setbacks required for a principal building in the underlying zoning district. 3. Maximum telecommunications tower height. a. Single antenna array or a single user: ninety (90) feet. b. Two (2) antenna arrays or for two (2) users: one hundred twenty (120) feet. c. Three (3) or more antenna arrays or for three (3) or more users: one hundred fifty (150) feet. Any antenna, lighting, lightning rod, lighting beacon or other facility shall not extend more than ten (10) feet above the height of the telecommunications tower 4. Minimum separation. Any new telecommunications tower shall be separated from any other telecommunications tower by a minimum distance of one (1) mile, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the minimum reduction in separation necessary to meet the requirement to provide service is used, but in no event less than one-quarter mile. Separation distance shall be measured by a straight line between the bases of the telecommunications towers. 5. Separation from existing residential uses. A telecommunications facility, tower or antenna shall be located a distance of at least four (4) times its height from any then existing single-family use or two-family use that is not on the same lot as the facility, tower or antenna measured from the base of the telecommunications facility, tower or antenna to the closest property line of the existing single-family or two-family use. 6. Antenna type. To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be a, b, c, d. Where a lower ranked alternative is proposed (e.g., c), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible. a. Stealth. b. Panel. c. Whip. d. Dish. 7. Future co-location. Wherever technically feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public UNIFIED DEVELOPMENT CODE PAGE

243 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 purposes or demonstrate by substantial evidence that it is not feasible. At a minimum, a monopole tower must be built to have the capacity to accommodate two (2) antenna arrays. Lattice and guyed towers shall be prohibited, except that lattice towers may be permitted by the City Council if needed to provide a required integral element of the City's or other governmental agency's emergency services communications network. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties. 8. Lease. The City may require, as a condition of entering into a lease agreement with the City, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease. 9. Equipment structure. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district. 10. Temporary facility. As part of a proposal to develop a new telecommunication tower or facility, the owner may construct a temporary antenna support facility. The temporary facility shall be located on the same site as the new tower, shall be subject to the provisions of sub-section (D) and shall not continue in use for more than thirty (30) consecutive days. A temporary facility needed to allow for modification and/or repairs to a tower necessary to aid in post-disaster relief efforts are exempt from the thirty (30) day limitation. 11. Site plan. A major telecommunications facility site plan that meets the requirements of sub-section (H)(4) shall be submitted with an application for a new telecommunications facility, telecommunications tower or telecommunications antenna that are not co-located, except that for a micro-cell network or cable micro-cell network a major telecommunications facility site plan shall not be required for each individual low-power transmitters/receiver. H. Telecommunications Facility Site Plan Submission And Review Requirements. 1. All applicants for telecommunications facility site plan approval shall request and participate in a pre-application conference with the City. Such a request will be submitted with a non-refundable fee of one hundred dollars ($100.00) to reimburse the City for the cost incurred by the conference. 2. The City shall act on any telecommunications facility site plan of such request. However, if the City does not accept the application (submission) as provided as complete and accurate, or if the City deems it necessary to make reasonable request for additional information, the time in which an application (submission) is processed shall be tolled pending receipt of the requested information and evaluation thereof subject to valid federal and state requirements. All applications that are reviewed administratively shall be completed within forty-five (45) days of a complete and accurate application. If Planning Commission review is required, the matter shall be heard by the Planning Commission within forty-five (45) days UNIFIED DEVELOPMENT CODE PAGE

244 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 and shall be acted upon within seventy (70) days thereof. These time requirements notwithstanding, conditional use review shall proceed according to its schedule set out in this Code. If an action is not taken administratively or by a reviewing or decision making body on any request including a special exemption, variance or rezoning within such time set out in this Code or state or federal law or regulations, the request or application shall be deemed denied unless the applicant consents, requests or agrees in writing to an extenstion of such time for review and decision. Upon such an occurance of denial, the applicant shall have all rights of appeal and review available under valid and applicable law. 3. Minor telecommunications facility site plan. A minor telecommunications facility site plan submission shall contain all of the information required as part of an application for site plan and design review under the U.D.C., including a minor telecommunications facility site plan submission fee of two hundred fifty dollars ($250.00) and be subject to the following: a. Information required. (1) A scaled site plan clearly indicating the location, type and height of the proposed telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other local governments), Comprehensive Plan future land use designation of the site and all properties within the applicable separation distances set forth in sub-section (D)(14), adjacent roadways, proposed means of access, setbacks from property lines set forth in sub-section (G)(2), elevation drawings of the proposed telecommunications facility, topography, parking, locations of public and private utilities, and other information deemed by the Community Development Director to be necessary to assess compliance with this Chapter. (2) The setback distance between the proposed telecommunications facility and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. (3) A description of compliance with all applicable Federal, State or local laws including all provisions within this zoning ordinance. (4) Identification of the entities providing the backhaul network for the telecommunications facility described in the application and other telecommunications facilities owned or operated by the applicant in the City and one (1) mile outside the City limits. (5) Certification. For all co-located facilities, a sworn, notarized statement from a licensed engineer that certifies that the structure can support the additional load due to the co-location of facilities and compliance with the antennae type hierarchy of this Section. (6) Photo simulation of facilities. The applicant shall provide photo simulations from the four (4) points of the compass looking toward the proposed site and as further designated by the City. In addition, photo simulations shall be provided from any neighboring residential property/neighborhood located within one (1) mile of the proposed site and a line of sight photo simulation from any arterial and/or collector street within one (1) mile taken at the nearest point on the street to the proposed site. UNIFIED DEVELOPMENT CODE PAGE

245 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 b. Review and approval. A minor telecommunications facility site plan shall be administratively reviewed by the Director of Community Development and may be administratively approved by said Director. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees in writing to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (½) of the amount estimated by the proposed reviewer for the cost of the review. The City and the Director reserve the right to require City Planning Commission approval. No building permit shall be issued to begin construction of any part of the co-located facility, tower or antenna until the minor telecommunications facility site plan is approved and any required conditional use permit is granted. 4. Major telecommunications facility site plan. A major telecommunications facility site plan submission shall contain all of the items required for a minor telecommunications facility site plan (including information required for a final site plan under the U.D.C.), including a major telecommunications facility site plan submission fee of five hundred dollars ($500.00), and provide the following additional information: a. Inventory of towers. (1) Each applicant shall submit an inventory of its, and those companies proposing to co-locate on the proposed telecommunications facility, tower or antenna (if any), existing towers, antennae, and approved telecommunications facilities within the City, or within one (1) mile of the building thereof. No new tower shall be permitted or major telecommunications facility site plan approved unless the applicant demonstrates to the satisfaction of the City by substantial evidence that no existing facility (whether or not owned by the applicant) can accommodate, as is or through modification, the proposed facility. Substantial evidence to demonstrate that no existing facility is suitable shall consist of any of the following: (a) An affidavit demonstrating that the applicant made diligent efforts to install or co-locate on existing towers and other existing structures within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site. (b) An affidavit demonstrating that existing towers and structures located within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site do not have the capacity to provide reasonable technical service consistent with the applicant's technical system including, but not limited to, applicable FCC requirements. UNIFIED DEVELOPMENT CODE PAGE

246 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 (c) (d) (e) (f) (g) (h) (i) Written technical evidence from a qualified radio frequency engineer that existing towers and structures within the geographic search area are not of sufficient height to meet the applicable FCC requirements. Written technical evidence from a qualified structural engineer that existing towers and structures within the geographic search area do not have sufficient structural strength to support the proposed facility. A written statement from a qualified radio frequency engineer submitting technical evidence substantiating his opinion that the existing towers and structures within the geographic search area are incompatible due to electromagnetic/radio frequency interference or interference with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties and that antenna on the existing tower or structure cannot be relocated on the existing structure to accommodate additional users. An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure within the geographic search area, or to adapt an existing tower or structure within the geographic search area for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable. The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of the applicant's FCC license is unsuitable for the site involved. The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable. (2) The City reserves the right to share inventory information with other applicants seeking to site their telecommunications facilities; however, in doing so, the City shall neither be responsible for the accuracy of the information nor will it infer that any sites are available or suitable. b. Engineering report. All proposals for a new tower shall submit a written report that shall be properly sealed by a licensed professional engineer licensed to practice in the State of Missouri who specializes in radio frequency engineering or telecommunications facilities. This report shall include: (1) The geographic search area; UNIFIED DEVELOPMENT CODE PAGE

247 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 (2) Site development plan; (3) A projection of wind-load capacity for the proposed facility. No tower shall be permitted to exceed its wind-loading capacity as provided for by the applicable City Building Code; (4) A statement that the proposed tower and the proposed telecommunications facilities, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services, as well as other wireless services enjoyed by surrounding properties; (5) A statement of compliance with all applicable Building Codes, associated regulations and safety standards; (6) The power density of the facility and how it meets or exceeds the FCC's regulations on the environmental effects of radio frequency emission; (7) Evidence of compliance with siting alternative hierarchy requirements and all other requirements of this Section; (8) Any additional information deemed warranted by the City to assess compliance with applicable regulations; (9) The separation distance from other telecommunications facilities described in the inventory of existing sites submitted pursuant to sub-section (H)(3)(a)(1) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications facilities and the operator of the tower(s), if known; (10) A notarized statement of the applicant's engineer that the telecommunications facility will accommodate the co-location of additional antennae for future users; and (11) A description of the feasible alternative location(s) of the proposed tower or antenna within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected. c. Additional requirements. (1) A landscape and screening plan which meets the requirements of the U.D.C. and this Section, except when waived by the Governing Body pursuant to sub-section (D)(10)(c). (2) Method of providing security enclosure and finished color and the method of providing stealth design and illumination. (3) A copy of the warranty deed and any lease or leases for the property on which the telecommunications facility, tower or antenna is to be located with an affidavit from the record owner acknowledging that the responsibility for removal of the tower at some future date may be at his/her expense. d. Review and approval. A major site plan shall be reviewed by the Director of Community Development and approved by the City Planning Commission. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery UNIFIED DEVELOPMENT CODE PAGE

248 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees in writing to pay all the reasonable costs associated with said review and has advanced an amount equal to onehalf (½) of the amount estimated by the proposed reviewer for the cost of the review. No building permit shall be issued to begin construction of any part of a new facility, tower or antenna until the major telecommunications facility site plan is approved and any required conditional use permit is granted, unless a special exemption use has been approved pursuant to sub-section (I). e. Appeal Of Planning Commission decision. Appeals of the Planning Commission's decision on an application for a minor or major telecommunications facility site plan approval may be taken to the City Council by filing an appeal with the Director of Community Development within seven (7) days of the date of the Planning Commission's decision on the site plan application. (1) Right to appeal. The following persons and entities shall have standing to appeal the action of the Planning Commission on an application for a minor or major telecommunications facility site plan approval: the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. (2) Action on appeal. The City Council shall consider the appealed minor or major telecommunications facility site plan decision as a new matter and, within sixty (60) days of the date that the appeal was filed, shall act to approve, approve with modifications or deny the original application based on the criteria and requirements of this Section except where deemed denied under this Subsection as not having been rendered within the time limit set by this Code, or failure to meet applicable and valid state and federal law. I. Special Exemption Provisions. For circumstances where a prospective facility owner or operator or a telecommunications services provider is able to demonstrate, based upon clear and convincing, substantial verifiable technical evidence, that it is unable to locate a telecommunications facility, tower or antenna, which is necessary under its service requirements, under the terms of the existing provisions of this Section on any available sites (including opportunities for co-location), and that, pursuant to Federal law, it has a right to locate a facility, tower or antenna in a location not permitted under the provisions of this Section or in accordance with the terms of this Section, the following will apply. 1. Application requirements, review and approval. UNIFIED DEVELOPMENT CODE PAGE

249 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES 408 a. A major telecommunications facility site plan that meets the requirements of sub-section (H)(4) shall be submitted. As part of the plan submission, the application shall clearly indicate the specific reasons why a special exemption is justified and provide documentation to support the justification. b. Upon receipt of a complete major telecommunications facility site plan, the City shall commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees in writing to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (½) of the amount estimated by the proposed reviewer for the cost of the review. c. If the new facility, tower or antenna is not a permitted or conditional use, as defined in sub-section (G)(1), then special exemption approval shall be required. d. The review of any application for a special exemption use under this Section shall require approval of the special exemption by the City Council, after a public hearing, following a public hearing and recommendation by the Planning Commission. Notice of the public hearing shall be as is required for changes of zoning. e. In granting a special exemption approval, the City Council may impose conditions to the extent the City Council concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, tower or antenna. f. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. g. An applicant for special exemption use shall submit the information described in this Section and sub-section (H). This information shall be accompanied by a non-refundable fee of one thousand dollars ($1,000.00) to cover the administrative costs of the review. Any costs or expenses incurred by the City that exceed one thousand dollars ($1,000.00) shall be reimbursed by the applicant or property owner upon the applicant's receipt of an invoice from the City setting forth the expenses that exceeded one thousand dollars ($1,000.00). Any preapplication conference fee shall accompany the information as provided in sub-section (H)(1). The application shall be signed in the presence of a notary public and the notary shall affix his or her seal to the application. h. Within forty-five (45) days of receipt of the review pursuant to sub-section (I)(1)(b), the matter shall be brought before the City Council for a public hearing. It shall be the burden of the applicant to make all showings by clear and convincing evidence and provide all evidence required for the granting of a special exemption. UNIFIED DEVELOPMENT CODE PAGE

250 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES Factors considered in granting special exemption approval for telecommunications facilities. The City Council shall consider the following factors in determining whether to approve a special exemption: a. Height of the proposed tower/antenna; b. Proximity of the tower/antenna to residential structures and residential district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Availability of suitable existing towers, buildings and other structures, in order to avoid the siting of new towers or structures, as discussed in subsection (H)(4)(a)(1) of this Section; and i. The need for the tower for the applicant to provide service within Blue Springs city limits. 3. The applicant shall comply with all requirements of this Code for a new telecommunications facility, telecommunications tower or telecommunications antenna which are technically and financially feasible as are reasonably determined by the City Council. 4. No building permit shall be issued to begin construction of any part of a facility, tower or antenna that does not comply with all the applicable terms of this Section and all its Subsections unless a special exemption use is approved. J. Protection Of The City And Its Residents. 1. Indemnification. The City shall not enter into any lease agreement until and unless the City obtains an adequate indemnity from such owner or operator provider. The indemnity must at a minimum: a. Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility. Each telecommunications facility owner or operator must further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters. b. Indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees from and against any and all claims, demands or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the City or any third (3rd) party arising out of, or by reason of, or resulting from or of the negligent acts, errors or omissions of any communications facility operator, owner or their agents, employees or servants. c. Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify. UNIFIED DEVELOPMENT CODE PAGE

251 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES Insurance. The City may not enter into any lease agreement until and unless the City obtains assurance that an operator and/or owner (and those acting on its behalf) has adequate insurance (amount to be determined at time of agreement). At a minimum, the following requirements must be satisfied: a. A facility operator or owner shall not commence construction or operation of the facility without obtaining all insurance required under this Section and approval of such insurance by the City, nor shall a facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the facility is in existence. If the operator or owner, their contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved. b. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City. The certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. c. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Missouri. d. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, the facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been secured for the balance of the lease agreement period. 3. Comprehensive general liability. A facility operator and its contractors or subcontractors engaged in work on the operator's behalf shall maintain minimum insurance (amount to be determined at time of agreement) to cover liability, bodily injury and property damage. Exposures to be covered are: premises, operations, and those certain contracts relating to construction, installation or maintenance of the facility, tower or antenna. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the facility operator. The City shall be named as an "additional insured" in all such policies. 4. Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of this Section may be deemed grounds for removal of the telecommunications facility and the City may seek any other remedy or damages to the full extent of the law. K. Non-Conforming Uses. 1. No expansion of non-conforming use. Towers that are constructed, and antennae that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a non-conforming use or structure. UNIFIED DEVELOPMENT CODE PAGE

252 SUPPLEMENTAL STANDARDS TELECOMMUNICATION FACILITIES Pre-existing facility, towers or antennae. Pre-existing facility, towers or antennae shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this Section. Section Micro-Wind Turbines (MWT). [Ord. No , ] A. Intent. In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the City finds that these regulations are necessary in order to ensure that Micro-Wind Turbines (MWTs) and subsequent Wind Energy Conversion Systems (WECS) are appropriately designed, sited and installed. B. Purpose. The purpose of the Section is to provide a regulatory scheme for the construction and operation of MWTs, providing electricity up to ten (10) kilowatts, subject to reasonable restrictions, which will preserve the public health and safety and minimize the visual, environmental and operational impacts of MWTs on the City and its residents. C. Findings. The City finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease air pollution that results from the use of conventional energy sources. MWTs also enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the State's energy supply portfolio. D. Required Submittal Information. The following information may be additionally required with any CUP application that includes a MWT. 1. Standard engineering drawings of the MWT structure, including the tower, base and footings. Engineering drawings of access roads. An engineering analysis and certification of the tower showing compliance with all local, State and Federal laws, standards and regulations and the applicable building code(s). 2. Data pertaining to the tower's safety and stability, including safety results from test facilities. 3. For any individual MWT tower a project visibility map and photo-simulation shall be required. The visibility map and photo-simulation should be based on a digital elevation model or digital simulation showing the impact of topography and manmade features upon visibility of the project from each of the four (4) compass points to a radius of not less than two thousand (2,000) feet from the center of the project. The base map used for the project visibility map shall be a published topographic map showing manmade features such as roads and buildings. Additional radius distances or perspectives may be requested by community development if deemed appropriate. UNIFIED DEVELOPMENT CODE PAGE

253 SUPPLEMENTAL STANDARDS MICRO-WIND TURBINES A survey map at an appropriate scale showing the proposed location of the MWT (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals or libraries to a distance of two thousand (2,000) feet. 5. A description of compliance with all applicable Federal, State or local laws and regulations, including Sections , RSMo., and 4 CSR , if applicable, and including all provisions within this zoning Chapter. 6. A description of the safety precautions provided in order to ensure that the structure will not be detrimental to adjacent properties in the case of high winds and/or if the unit fails. 7. A copy of the warranty deed and any lease or leases for the property on which the MWT facility is to be located. 8. An accurate wind directional map provided by an expert in such matters such as a meteorologist. 9. Turbine information on the type, model, size, height, rotor material, rated power output, performance, safety and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment. 10. Additional information may be required as deemed necessary and appropriate by City staff. E. Safety Regulations And Standards. 1. The minimum distance between the ground and any part of the rotor blade system shall be fifteen (15) feet. 2. To limit unauthorized access: a. A fence six (6) feet high with a locking portal shall be placed around the facility's tower base; or b. The tower climbing apparatus shall be limited to no lower than fifteen (15) feet from the ground; wind turbine towers shall not be climbable up to fifteen (15) feet above ground level. 3. All access doors to the MWT and electrical equipment shall be lockable. 4. Signs shall be limited to the manufacturer's or installer's identification and appropriate warning signs (e.g., electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment and the wind turbine. Commercial advertising is strictly prohibited. 5. Lighting shall be the minimum necessary for safety and security purposes and techniques shall be used to prevent casting glare from the site, except as otherwise required by the Federal Aviation Administration (FAA) or other applicable authority. Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority. 6. Safety shutdown. Each MWT shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. 7. Prior to issuance of a building permit, the applicant shall provide proof of a level of insurance in the minimum amount required by State law, the Customer- UNIFIED DEVELOPMENT CODE PAGE

254 SUPPLEMENTAL STANDARDS MICRO-WIND TURBINES 408 Generator Liability Insurance Obligation Section of 4 CSR or other applicable provisions of the Code of State Regulations to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. Said insurance shall remain in place every year that the MWT is in place or operation. 8. Any wind energy system found to be unsafe by the Community Development Director or his designate shall be repaired by the owner to meet Federal, State and local safety standards and regulations or it shall be removed within six (6) months. If any wind energy system is not operated for a continuous period of twelve (12) months, the will notify the landowner by registered mail and provide forty-five (45) days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the City deems the timetable for corrective action as unreasonable, the City shall notify the landowner and such landowner shall remove the turbine within thirty (30) days of receipt of notice from the City. 9. Building codes safety standards. Prior to the issuance of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies if needed. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. In addition, if the wind energy system is interconnected and operates in parallel phase and synchronization with a retail electric supplier, all applicable safety, performance, interconnection and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories and the Federal Energy Regulatory Commission shall be met. 10. Utility connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. 11. Electrical wires. All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires. 12. Noise. The noise emitted from any wind turbine shall not exceed fifty-five (55) dba, as measured at the nearest property line, except during short-term events such as utility outages and severe windstorms. 13. Color/finish. Wind turbines, exclusive of the towers, shall be painted a nonreflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise. 14. The appearance of all towers and MWTs shall be maintained in manner that is consistent with the originally approved colors and finishes. UNIFIED DEVELOPMENT CODE PAGE

255 SUPPLEMENTAL STANDARDS MICRO-WIND TURBINES Minimum setbacks. A wind turbine shall be set back one hundred ten percent (110%) of the wind turbine height from the nearest property line of the property on which it is located. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located and shall meet or exceed the setbacks of the applicable zoning district. The same setback is required from overhead transmission lines. In addition the wind turbine shall be set back a minimum of four hundred (400) feet from any residential structure, which shall be measured from the base of the tower to the nearest residential structure. The equipment or associated equipment structure shall meet the minimum setbacks required for an accessory building. F. Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of Section may be deemed grounds for removal of the MWT and the City may seek any other remedy or damages to the full extent of the law. UNIFIED DEVELOPMENT CODE PAGE

256 INTERPRETATION GENERAL INTERPRETATION 411 Chapter 411. Interpretation Section General Interpretation Section Interpretation of Dimensional Standards Section Description of Uses Section Glossary All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City s Website. Section General Interpretation. [Ord. No , ] A. Community Development Director. The Community Development Director is the designated city official in charge of interpretation of this Development Code. Any reference to the Director shall include this person, or the director s official designee in the ordinary course of administering the Community Development Department. Except where a different specific public official is mentioned in this code, the Director shall be authorized to make all final administrative decisions in interpreting and applying this Code. B. Director of Public Works. The Director of Public Works shall be responsible for regulating public infrastructure improvements within the city including the design and construction of streets, water lines, sanitary sewers, and storm sewers. C. Minimum Standards. The provisions of this Development Code shall be considered the minimum requirements necessary for the promotion of the public health, safety and general welfare. [Ord. No , ]. D. Conflicting Provisions. [Ord. No , ] 1. Conflict With Other Regulations. When the provisions of this Development Code are inconsistent with one another or when the provisions of this Development Code conflict with provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern. In determining which regulation is more restrictive, the Community Development Director shall determine which one most closely follows the policies of the Comprehensive Plan unless activities include public infrastructure, in which case the Director of Public Works shall make a determination based on which one follows the policies of the Public Works Design and Construction Manual. UNIFIED DEVELOPMENT CODE PAGE 411-1

257 INTERPRETATION GENERAL INTERPRETATION Conflict With Private Agreements. The regulations of this Development Code are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship, provided that when the provisions of this Development Code impose a greater restriction than imposed by such private agreement, the provisions of this Development Code shall control. D. Rules of Construction. 1. Generally. All words shall have the customary dictionary meaning, unless specifically defined in these regulations. [Ord. No , ] 2. Meanings And Intent. All provisions, terms, phrases and expressions contained in this Development Code shall be construed according to the Development Code's stated purposes intent and objectives. 3. Text. In case of any difference of meaning or implication between the text of this Development Code and any heading, drawing, table or figure, the text shall control. 4. Computation Of Time. The time within which an act is to be completed shall be computed by including the first day and excluding the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, the day of the advertisement shall be counted and the day of the hearing shall be excluded. 5. References To Other Regulations, Documents And Publications. Whenever reference is made to another regulation, document or publication, it shall be construed as a reference to the most recent edition of such regulation (as amended), document or publication, unless otherwise specifically stated. 6. Delegation Of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise. 7. Technical And Non-Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in professional practice shall be construed and understood according to such meaning. 8. Public Officials And Agencies. All public officials, bodies, and agencies to which references are made are those of the, unless otherwise indicated. 9. Mandatory And Discretionary Terms. The word "shall" is always mandatory, and the word "may" is always permissive. 10. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: "And" indicates that all connected items, conditions, provisions or events shall apply; and "Or" indicates that one (1) or more of the connected items, conditions, provisions or events shall apply. UNIFIED DEVELOPMENT CODE PAGE 411-2

258 INTERPRETATION GENERAL INTERPRETATION Tense And Usage. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular. 12. Lists. Lists of examples prefaced by including the following, such as, or other similar preface shall not be construed as exclusive or exhaustive and shall not preclude an interpretation of the list including other similar and non-mentioned examples. 13. Failure to Act on Application. Whenever an action or decision required to be made within a specified time period by this UDC or applicable and valid state or federal law or regulation is not taken or rendered, it shall be deemed denied and the applicant may seek an appeal of such denial unless he/she requests, consents or agrees in writing to an extension of such time period prior to its expiration. E. Resource, Guides and Industry Standards. Resources, guides and industry standards that are recognized as reputable authority in the planning and urban design profession, or engineering profession may be used as a supplement to interpreting these regulations. Any use of such guides or resources shall be either specifically referenced in these regulations or subject to the approval of the Director upon a determination that the resource or guide is consistent with the Comprehensive Plan, the purposes and intent of these regulation. The resources and guides shall only be used as an aid to interpretation of these standards, or any discretion specifically granted by these standards. In the case of a conflict between any such resource and guide, and the standards in these regulations, these regulations shall control Interpretation of Dimensional Standards. A. Lot Size. Lot size or lot area refers to the horizontal land area within lot lines. No building permit or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this Development Code except in the following cases. 1. Reduction for public purpose. When an existing lot is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Development Code. 2. Utilities. Utilities (major or minor) using land or an unoccupied building requiring less than one thousand (1,000) square feet of site area are exempt from the minimum lot size standards of all zoning districts. 3. Single-family dwelling exemptions. The minimum lot size standards of this Development Code shall not be interpreted as prohibiting the construction of a single-family dwelling unit on a lot that was legally platted or recorded before the adoption of this Development Code. B. Residential Densities. The zoning district regulations of this Development Code express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by UNIFIED DEVELOPMENT CODE PAGE 411-3

259 INTERPRETATION DESCRIPTION OF USES 411 dividing the subject lot s total lot area by the applicable lot area (per dwelling unit) requirement of the district. The number of dwelling units permitted in a mixed-use building (one containing residential and non-residential uses) shall not be affected by virtue of the building s mixed-use status. As with non-mixed-use projects, the maximum number of dwelling units allowed shall be calculated by dividing the subject lot s total lot area by the applicable lot area requirement of the district. C. Lot Width. Minimum lot width is the horizontal distance between the side lot lines, measured at the required exterior setback line. The lot width of lots on a cul-de-sac or eyebrow shall be measured between the side lot lines at the points of the required minimum exterior building setback. Dimensional references to lot frontage shall generally refer to the entire width between the front building line and the front lot line. Measuring Lot Width Minimum Lot Width is the horizontal distance between the side lot lines, measured at the required exterior setback line. Cul-de-Sac/Eyebrow Lots Lot width of lots on a cul-de-sac or eyebrow shall be measured between the side lot lines at the points of the required minimum exterior building setback. Lot Frontage Dimensional references to lot frontage shall generally refer to the entire width between the front building line and the front lot lin. D. Building Coverage. Building coverage refers to the area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first (1st) three (3) feet of a roof overhang. Ground-level parking, open recreation areas, patios and plazas shall not be counted as building coverage. G. Setbacks. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section. 1. Features allowed within setbacks. The following features may be located within setbacks: a. Trees, shrubbery or other landscape features; b. Fences and walls, subject to Section c. Driveways and sidewalks; d. Signs, where permitted; e. Steps to the principal entrance, walks and balustrades; UNIFIED DEVELOPMENT CODE PAGE 411-4

260 INTERPRETATION DESCRIPTION OF USES 411 f. Bay windows, architectural features, cantilevered floors, chimneys, and other ornamental features of buildings that do not project more than two (2) feet into the required setback; g. Fire escapes and decks that do not extend into a setback by more than thirty percent (30%) of the required setback dimension; h. Utility lines, wires and associated structures, such as power poles. Setbacks Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section. Corner Lot Interior Lot 2. Setback exemptions in LI and HI Districts. No setbacks from a lot line abutting a railway right-of-way shall be required in the LI and HI Districts, provided that sufficient access for firefighting equipment is available. Such access shall be approved by the District Fire Chief, or his designate, before issuance of any permit. 3. Setback averaging. If the existing exterior setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street are less than the required exterior setback of the underlying zoning district, UNIFIED DEVELOPMENT CODE PAGE 411-5

261 INTERPRETATION DESCRIPTION OF USES 411 applicants shall be allowed to use the average exterior setback on that block. In such cases, the average setback shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation of the average setback, and in no case shall more than six (6) lots on either side of the subject property be included in the calculation. This provision shall not be interpreted as requiring a greater exterior setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-ofway widths dropping below established minimums. Setback Averaging If the existing exterior setbacks of lots within the same block, with the same zoning classification, and fronting on the same side of the street are less than the required exterior setback of the underlying zoning district, applicants shall be allowed to use the average exterior setback on that block. Average Setback The average setback shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. 4. Setbacks reduced for public purpose. When an existing setback is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining setback is at least seventy-five percent (75%) of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy the minimum setback standards of this Development Code. 5. Build-to Lines. In cases where setbacks are referred to by a range or a maximum, it shall be interpreted as a build to line, at which point or within which range a front building line shall be established. Where the front building line is expressed as a minimum percentage (%), it shall mean the minimum width of the lot frontage that must be occupied by the façade at the front building line, or any specified acceptable substitutes for a façade. H. Height. 1. Building height. Building height refers to the vertical distance between the average finished grade at the base of the building along the side of the building being measured and: 1) the average height level between the eaves and ridge UNIFIED DEVELOPMENT CODE PAGE 411-6