Certain natural conditions, historical conditions, capital improvements or development pressures present opportunities or pose problems which involve a special public interest, but do not coincide with traditional zoning district boundaries, although they apply to specific geographic areas. An overlay zoning district can be useful in such situations. An overlay zone is a mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay district is established, the property is placed simultaneously in the two zones, and the land may be developed or utilized only under the conditions and requirements of both zones. This division consists of overlay zoning districts as required to serve the public health, safety and general welfare.

(Code 1988, § 27-1201; Ord. No. 64690, § 1(27-55), 8-30-1984)

The 47th and Mission Road area design review overlay district is established by this part, enacted to implement the goals and policies of the 47th and Mission Road Area Concept Plan, adopted by the cities of Westwood, Roeland Park, and the unified government. The 47th and Mission Road Area Concept Plan was drafted pursuant to the Interlocal Cooperation Act, K.S.A. 12-2901—12-2909 and 12-744(c), and the interlocal agreement between the Cities of Roeland Park, Westwood, and the unified government (collectively "jurisdictions"). This subdivisions translates the relevant portion of the plan within the boundaries of the unified government into the zoning ordinance, in addition to all current regulations. This subdivision will accompany a similar ordinance adopted by each jurisdiction to ensure consistent implementation of the 47th and Mission Road Area Concept Plan, as shown in section 27-526.

(Code 1988, § 27-1203; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

(a)

Property.

(1)

This subdivision shall apply to all property within the unified government and within the 47th and Mission Road area design review overlay district, as shown in section 27-526 as the "suggested district boundary," which hereby replaces the "original district boundary" as shown. The official zoning map of the unified government is hereby amended to reflect the updated 47th and Mission Road area design review overlay district.

(2)

The standards in this part shall apply to all property currently or subsequently zoned for commercial or multifamily use within this overlay district.

(3)

Any property zoned for single-family residential use is included within this overlay district to indicate neighborhood areas to be protected by buffers and design enhancements established in this part for commercial or multifamily use. In addition, to further protect existing neighborhoods, any property currently zoned for single-family residential use within this overlay district which is subsequently rezoned to multifamily or commercial uses, must satisfy all design standards in this subdivision.

(4)

Any legal nonconforming structure or use cannot increase its level of nonconformity without complying with this subdivision.

(b)

Type of development. These standards shall be applied to new development, redevelopment, or exterior modifications that alters the appearance of a building or site within the overlay district including, but not limited to, building additions, facade improvements, or landscaping improvements. Only those standards required by this subdivision and directly related to proposed development, redevelopment, or exterior modification shall be applied.

(c)

Other regulations. Within the overlay district, all the unified government ordinances, policies, regulations, and plans shall apply. Where conflicts occur regarding development standards in this subdivision, the standards established in this subdivision shall supersede those in the conflicting ordinance, policy, regulation, or plan.

(Code 1988, § 27-1204; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

For the purposes of this subdivision, the following terms and phrases shall have the meaning given in this section. All other terms and phrases shall use definitions given in unified government ordinances or other codes, unless context indicates that a standard dictionary definition is more appropriate. Terms and phrases not defined in this section or by any unified government code shall have the standard dictionary definition.

Adjacent lot means a lot having a common border or endpoint with subject lot, or lots that would have a common border or endpoint in the absence of an existing right-of-way.

Development means the construction of manmade site elements on an improved or unimproved parcel of land.

Distinctly different hours of operation means uses with hours of operation where 50 percent or more of one use's hours of operation, including peak hours or operation based on a parking demand study, are mutually exclusive of the hours of operation of the other uses which it proposes to share parking.

Distinctly different peak hours of operation means the peak hours of operation, based on a parking demand study, of uses proposing to share parking are mutually exclusive.

Exterior modification means any maintenance, improvement, construction, or re-construction, of a structure or site, or any portion of a structure or site, that will result in an apparent change visible from the right-of-way or adjacent property.

Redevelopment means the reconstruction, enlargement, conversion, relocation of a manmade structure.

(Code 1988, § 27-1205; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

Cross reference— Definitions generally, § 1-2

(a)

Underlying zoning uses. The uses allowed in the 47th and Mission Road Area Design Review Overlay District shall be those uses allowed by the current or any future underlying zoning classification, provided that all future development and redevelopment meets the standards established in this part. Any future rezoning shall be to a use district consistent with the 47th and Mission Road Area Concept Plan.

(b)

Overlay uses. In addition to those uses allowed by the underlying zoning, all property zoned for commercial use within the 47th and Mission Road Area Design Review Overlay District shall be allowed residential uses as a supplemental use, subject to the following:

(1)

No property with an underlying zone for commercial use may have residential uses on the ground floor or at street level.

(2)

No structures with supplemental residential uses may exceed 40 feet in height or three and one-half stories, whichever is less.

(3)

All structures with supplemental residential uses, whether new or existing at the time of adoption of this part, must comply with all other standards established in this part, in order to be eligible for supplemental residential uses.

(Code 1988, § 27-1208; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

Editor's note— Ord. No. O-25-22, § 1, adopted Mar. 3, 2022, repealed § 27-523 and renumbered the former §§ 27-524, 27-525 and 27-527 as §§ 27-523, 27-524, and 27-525, as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Commercial site design in the 47th and Mission Road Area Design Review Overlay District shall conform to the principles outlined in the 47th and Mission Road Concept Plan. The following design standards implement and shall be interpreted consistent with the plan. Site design in the 47 ^th and Mission Road Area shall conform to the following design standards.

(1)

Building placement. The provisions of this section shall apply to new development.

a.

Front setback. All new buildings shall be built to the right-of-way line unless an additional setback is required to meet the minimum sidewalk width and buffer requirements in (2)a of this section.

b.

Side setbacks. The minimum side setbacks shall be:

1.

Zero feet;

2.

Property abutting residential districts shall have a side setback equivalent to that of the abutting residential district. In this case, the side setback area shall be used to provide a buffer according to subsection (5)a of this section.

c.

Rear setback. Minimum rear setbacks shall be as defined by the zoning regulations of the municipality that the property is located in, unless the property is abutting a residential zoned property on its rear yard property line. If abutting a residential zoned property, the setback shall be equal to the residential property's rear yard setback requirements.

d.

Continuous building frontage. Building facades on the street frontage should be maximized to provide continuous corridors within the overlay district. All lot frontages should be occupied by building frontages except for entrance drives or alleys to rear parking, courtyards or patios, or any side parking. In the case of courtyards and patios, or side parking, the appearance of a continuous building frontage shall be maintained by a two and one-half to four-foot fence or wall constructed out of the same material as the building facade, or by a continuous landscape element.

e.

Main entrance. The main entrance of all buildings shall be oriented to the street. In the case of corner lots, a building may have one entrance on each street or may have one corner entrance facing the intersection at a 45-degree angle.

(2)

Site access.

a.

Pedestrian access. All buildings shall have a continuous sidewalk along the frontage of the lot. The sidewalk shall be a minimum of seven feet wide. All sidewalks shall be buffered from vehicular traffic with a minimum three-foot buffer zone that includes landscaping, street trees, street furniture, pedestrian lighting, bicycle facilities, or other amenities that provide physical separation from vehicular traffic.

1.

Sidewalks outside the village area, (as defined in exhibit A), may be a minimum five feet in width, but the three-foot buffer zone must be maintained.

2.

Where unique site characteristics prevent a seven-foot sidewalk and three-foot buffer zone from being achievable in the Village Area, sidewalk widths shall be maximized on that site.

b.

Vehicle access. Curb cuts in the 47th and Mission Road area should be minimized. Wherever possible, adjacent properties are encouraged to minimize curb cuts by use of shared parking or shared access to separate parking lots.

c.

Connections. Continuous pedestrian connections shall be provided through all parking lots and between parking lots and store front sidewalks. These pedestrian connections shall primarily be pedestrian-only sidewalks, but may include crosswalks across parking lot drive aisles and driveways where necessary. The following design elements shall be used to maintain pedestrian connections and minimize conflicts with vehicles:

1.

Alleys, driveways, and parking lot drive aisles shall not exceed 24 feet for two-way access or 12 feet for one-way access.

2.

"Bulb outs" for pedestrian-only travel should be used to minimize the distance of pedestrian walkways across driveways, alleys, parking lots, or other vehicle accessways.

3.

All pedestrian walkways across driveways, alleys, parking lots, or other vehicle accessways shall be distinguished from the vehicle accessway by a visually identifiable path or distinctly textured surface.

(3)

Parking.

a.

Required parking. The parking required for uses in the overlay district shall be established by the applicable standards for the underlying zoning district.

b.

Location. Parking shall be provided primarily behind buildings in the village area. Parking on commercial lots outside the village area should be located primarily behind the building but may be located on the side of the building.

c.

Shared parking. Parking requirements in the overlay district may be met through shared parking according to the following conditions and standards:

1.

A written agreement for the joint use of parking facilities shall be executed by the parties, approved by the unified government and recorded with the register of deeds for any county in which property subject to the agreement is situated. The agreement shall include any necessary cross access easements among property owners. Must meet all other shared parking standards of the said jurisdiction.

2.

Parking requirements are cumulative except that parking may be shared based on uses either on the same site or on other sites that meet the requirements of this subsection (3)c, at the sole discretion of the unified government according to the following standards:

(i)

When two or more uses have distinctly different hours of operation (e.g., commercial office and residential, or church and school), 100 percent of the required parking may be shared. Required parking shall be based on the use that demands the greatest amount of parking per the underlying ordinance requirement.

(ii)

When two or more uses have distinctly different peak hours of operation (e.g., office and restaurant/entertainment), 50 percent of the required parking spaces may be shared among the uses.

(iii)

Shared parking shall meet jurisdiction standards. If the parking spaces are more than 800 feet from the main entrance of the building.

3.

Direct pedestrian access, meeting the requirements of subsection (3)c.2.(iii) of this section, is required between any shared parking and the main entrance of any building proposing to share parking.

4.

Applicants for shared parking shall submit a statement indicating the ability of the proposed shared parking arrangement to meet the demands of all uses involved. The statement shall include hours of operation, hours of peak operation, forecasted demand, and other data indicating the appropriateness of shared parking.

5.

Any change of use or other change causing violation of the shared parking agreement or these standards shall invalidate the shared parking eligibility and the parking requirements of the underlying zoning ordinance shall be met. A plan for meeting the parking requirements of this ordinance if the shared agreement is invalidated must be submitted with the proposed agreement.

d.

On-street parking. Any on-street parking, authorized by the unified government and within 300 feet of the lot, may be credited towards the on-site parking requirements. A maximum of ten percent of the required parking may be satisfied by on-street parking credits. On-street parking spaces may be counted by more than one user in meeting this requirement.

e.

Bicycle parking. Bicycle parking facilities are required at a rate of one bicycle for every 15 required vehicle parking spaces, with a minimum of two bicycle parking spaces. Bicycle parking facilities may be counted by more than one property in meeting this requirement, so long as the facility is within 150 feet of the entrance and the total required parking is met for each property.

f.

Landscape elements. Parking lots larger than 20 spaces shall incorporate at least one internal landscape island into the lot design. Landscape islands shall be at least ten percent of the parking lot area. Each required landscape island shall be a minimum of 20 square feet and a maximum of 500 square feet. Landscape islands shall maintain a minimum five-foot width at all times. Landscape islands shall be planted with landscape elements consistent with subsection (5) of this section. Landscape elements along the perimeter of a parking lot shall not count towards the landscape island requirement. Where a parking lot incorporates internal rows of parking, each row shall be terminated with a landscape element.

g.

Lighting. Exterior lighting on commercial properties shall be designed to have minimal light trespass onto adjacent residential properties.

h.

All exterior lighting on the building must be full cut-off with non-adjustable heads to direct light 90 degrees downward. No light may cast light or glare off the property or onto the public street.

i.

Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or commercial operations, shall not be directed into any adjoining property. The source of lights shall be full cut-off with non-adjustable heads to direct light 90 degrees downward. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way.

j.

Any light or combination of lights that casts light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 foot-candles (meter reading) as measured from that property line.

k.

Applicants shall be required to submit a base meter reading as part of their application materials.

(4)

Architecture features.

a.

Enhanced entrances. All main entrances shall be enhanced by architectural details. Such details may include, but are not limited to, slightly protruding entrances, building material variations, color variations, or artistic elements and other special treatments.

b.

Windows. All buildings shall be predominantly transparent at the street level with a minimum of 40 percent and a maximum of 80 percent of the facade occupied by windows. Upper levels may be less transparent with a minimum of 25 percent of the facade occupied by windows.

c.

Awnings and canopies. Awnings or canopies are encouraged on facades to provide weather protection and shade to pedestrians, and to add visual appeal to the 47th and Mission Road Area Design Overlay District. Awnings and canopies may project into the building setback or right-of-way provided they are a minimum of seven and one-half feet above grade. Any awnings provided shall be fabric and shall not be back-lit. Permanent canopies may be constructed if designed as an integral part of the structure. All awnings or canopies on a single block shall be hung at the same height above finished floor elevation of the building it is associated with.

d.

Facade lighting. Facade lighting is encouraged within the overlay district. Facade lighting may be used to highlight architectural features of a building, provide secondary light to the pedestrian zone, or to enhance visibility of signs. Facade lighting shall be shielded so that the light source is applied to the building and does not provide any direct light or glare on sidewalks or streets.

e.

Roofs. Flat and pitched roofs are allowed. Flat roofs shall incorporate a roof-screening element such as a parapet or pediment as part of the building design. Pitched roofs shall be complementary to the building design. All mechanical equipment shall be screened from view, preferably mounted to the roof and behind a parapet.

(5)

Landscape requirements and screening.

a.

Residential buffers. All commercial and multi-family residential uses shall provide a landscape buffer from any single-family uses. The landscape buffer shall be of a density to provide an all-season visual screen from the single-family property. Treatments may include any combination of earth-berms, walls or fences approved by the jurisdiction having authority, and tree, bush and shrub plantings. The buffer zone shall be a minimum of ten feet in width.

b.

Screening. Specialty equipment such as antennas, satellite dishes, trash and recycling containers, meter and utility boxes and HVAC equipment shall be screened from direct view from streets, sidewalks, and other areas of regular public access. Ground-mounted equipment and trash enclosures shall be screened from view with year-round landscape coverage or masonry wall enclosure consistent with the main building material. Roof-mounted equipment shall be placed far enough from the roof edge, or shall be screened with architectural elements, such as parapets, incorporated into the design of the building, so as to not be seen from the sidewalk across any adjacent street.

(6)

Signs. The following signs are allowed in the overlay district:

a.

Facade sign. One facade sign shall be allowed per building tenant, identifying the business or tenant. A faéade sign shall be allowed on each façade fronting a street utilized for pedestrian or vehicular access, except no such sign should face a local street.

b.

Pedestrian signs. One pedestrian sign shall be allowed per building tenant, identifying the business of the tenant. Pedestrian signs may be suspended from canopies or awnings, or affixed perpendicular to a building. Pedestrian signs shall not be lower than seven feet, six inches from grade level and shall not exceed ten square feet. Building-affixed pedestrian signs shall not protrude more than three feet from the building surface.

c.

Murals. Murals are allowed in the overlay district.

1.

Definition. A "mural" is a hand-produced or machined graphic applied or affixed to the exterior of a building wall through the application of paint, canvas, tile, metal panels, applied sheet graphic or other medium generally so that the wall becomes the background surface or platform for the graphic, generally for the purpose of decoration or artistic expression, including but not limited to, painting, fresco or mosaic.

2.

Standards.

(i)

Murals are not permitted on the primary facade. A primary façade is defined, for purposes of this section, as a building elevation that faces the adjacent street right-of-way and is the primary customer entrance. Buildings located on a block corner with the primary customer entrance located diagonally at the building corner to both intersecting streets has two primary facades.

(ii)

On lots that share a property line with a residential zoning district, murals are not allowed on building walls that face a residential zoning district.

(iii)

Up to 20 percent of a mural may include text or commercial copy. No more than five items of information (as defined in section 27-724(d)) may be included in the area used for text or commercial copy. However, murals should not include any textural reference to the associated business or shall be considered a sign.

(iv)

The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the director and incorporated into the sign permit. A mural is in a state of disrepair when ten percent or more of the display surface area contains peeling, faded or flaking paint, or is otherwise not preserved in the manner in which it was originally created.

(v)

The display surface shall be kept clean, neatly painted, and free from corrosion.

(vi)

Murals shall be subject to the jurisdiction ordinances and requirements.

(Code 1988, § 27-1208; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

Editor's note— See editor's note to § 27-523.

(a)

Prior to placement of any public improvements on the capital improvements program, or construction of public improvements within the 47th and Mission Road Area Design Review Overlay District, the unified government shall send notice of the intent to construct public improvements to each jurisdiction. This notice shall provide the opportunity for the jurisdictions to coordinate for construction of public improvements consistent with the 47th and Mission Road Area Concept Plan and Streetscape Design Concept Plans.

(b)

For any proposed development, re-zoning, variance, or other action within the overlay district that would require a public hearing and notification to neighbors, notification will also be sent to the other jurisdictions.

(Code 1988, §§ 27-1209, 27-1210; Ord. No. O-49-02, § 1, 6-27-2002; Ord. No. O-25-22, § 1, 3-3-2022)

Editor's note— See editor's note to § 27-523.

(a)

The 47 ^th and Mission Road Area Design Review Overlay District is hereby amended such that the overlay district shall consist of that area identified below as the "suggested district boundary." the village area, as used in this overlay district ordinance, shall mean that area identified below as the "suggested village boundary."

(Ord. No. O-25-22, § 1, 3-3-2022)

Editor's note— Ord. No. O-25-22, § 1, adopted Mar. 3, 2022, repealed the former § 27-526, and enacted a new § 27-526 as set out herein. The former § 27-526 pertained to multifamily site design standards and derived from the Code of 1988, § 27-1209; and Ord. No. O-49-02, § 1, adopted June 27, 2002.

Unless specifically defined below, words or phrases used in this floodplain district subdivision shall be interpreted so as to give them the same meaning they have in common usage and to give this subdivision its most reasonable application.

100-year flood see "base flood."

Accessory structure means the same as "appurtenant structure."

Actuarial rates see "risk premium rates."

Administrator means the Federal Insurance Administrator.

Agency means the Federal Emergency Management Agency (FEMA).

Agriculture accessory structure for the purpose of this article, agriculture accessory structure is defined as farm storage structure(s) used exclusively for the storage of farm machinery and equipment (e.g., pole and pre-fabricated metal frame structures with open or closed sides). Grain bins and corn cribs. General purpose barns for the temporary feeding of livestock, provided they remain open on at least one side.

Appeal means a request for review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.

Appurtenant structure means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.

Area of shallow flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) The elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate Map (FIRM) for zones AE, AH, A1—A30, AR, AR/A, AR/AE, AR/A1— A30, AR/AH, AR/AO, V1—V30, and VE.

Basement means any area of the structure having its floor subgrade (below ground level) on all sides.

Building see "structure."

Chief engineer means the chief engineer of the division of water resources, Kansas Department of Agriculture.

Chief executive officer or chief elected official means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.

Community means any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

Community rating system (CRS) A program developed by FEMA to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Development does not include: a.) maintenance of existing buildings or facilities, such as re-roofing, re-siding, or resurfacing of roads when there is no increase in the building footprint ground or road surface elevation; b.) gardening, tilling, plowing or similar agricultural practices that do not involve filling, grading, terracing of land, or construction of levees.

Elevated building means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Eligible community or participating community means a community for which the administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).

Flood boundary and floodway map (FBFM) means an official map of a community on which the administrator has delineated both special flood hazard areas and the designated regulatory floodway.

Flood elevation determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations.

Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.

Flood hazard map means the document adopted by the governing body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.

Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see "flooding").

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article.

Manufactured home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map means the flood hazard boundary map (FHBM), flood insurance rate map (FIRM), or the flood boundary and floodway map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

Market value or fair market value means an estimate of what is fair, economic, just and equitable value under normal local market conditions.

Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced.

New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP means the National Flood Insurance Program.

Participating community also known as an "eligible community," means a community in which the administrator has authorized the sale of flood insurance.

Permit means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or federal authorities.

Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local governments and agencies.

Pre-FIRM building means a building for which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map (FIRM).

Post-FIRM building means a building for which construction or substantial improvement occurred after December 31, 1974, or on or after the effective date of an initial flood insurance rate map (FIRM), whichever is later.

Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is above ground.

Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Recreational vehicle means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Remedy a violation means to bring the structure or other development into compliance with federal, state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.

Risk premium rates means those rates established by the administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

Special flood hazard area see "area of special flood hazard."

Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.

Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State coordinating agency means the Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the national flood insurance program (NFIP) in that state.

Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. For the purpose of this article, the term building or structure does not include open pavilions, bleachers, carports, and similar structures that do not have al least two rigid walls and a roof.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain riverine areas.

(Ord. No. O-41-15, § 1, 7-30-2015)

(a)

Statutory authorization.

(1)

Approval of draft ordinance by the state chief engineer prior to adoption. The following floodplain management regulations, as written, were approved in draft form by the chief engineer of the Division of Water Resources of the Kansas Department of Agriculture, December 30, 2013.

(2)

Kansas statutory authorization. The legislature of the State of Kansas in K.S.A. 12-741 et seq., and specifically in K.S.A. 12-766, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare.

(b)

Findings of fact.

(1)

Flood losses resulting from periodic inundation. The special flood hazard areas in the city are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

(2)

General causes of the flood losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

(3)

Methods used to analyze flood hazards. The flood insurance study (FIS) that is the basis of this subdivision uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps.

a.

Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this subdivision is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this subdivision. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one year as delineated on the federal insurance administrator's FIS, and illustrative materials dated September 2, 2015 as amended, and any future revisions thereto.

b.

Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

c.

Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.

d.

Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

e.

Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

(c)

Statement of purpose. It is the purpose of this subdivision to promote the public health, safety, and general welfare; to minimize those losses described in subsection 27-549 b(1); to establish or maintain the city's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this subdivision to:

(1)

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;

(2)

Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

(3)

Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

(Ord. No. O-41-15, § 1, 7-30-2015)

(a)

Lands to which this subdivision applies. This subdivision shall apply to all lands within the jurisdiction of the city identified as numbered and unnumbered A zones, AE, AO, and AH zones, on the index map dated September 2, 2015 of the flood insurance rate map (FIRM) as amended and any future revisions thereto. In all areas covered by this subdivision, no development shall be permitted except through the issuance of a floodplain development permit, granted by the unified government board of commissioners or its duly designated representative under such safeguards and restrictions as unified government board of commissioners or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in this subdivision.

(b)

Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this subdivision and other applicable regulations.

(c)

Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subdivision imposes greater restrictions, the provisions of this subdivision shall prevail. All other ordinances inconsistent with this subdivision are hereby repealed to the extent of the inconsistency only.

(d)

Interpretation. In their interpretation and application, the provisions of this subdivision shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.

(e)

Warning: Disclaimer of liability. The degree of flood protection required by this subdivision is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This subdivision does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This subdivision shall not create a liability on the part of the unified government, any officer or employee thereof, for any flood damages that may result from reliance on this subdivision or any administrative decision lawfully made there under.

(f)

Severability. If any section; clause; provision; or portion of this subdivision is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this subdivision shall not be affected thereby.

(Ord. No. O-41-15, § 1, 7-30-2015)

(a)

Floodplain development permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in 27-550, subsection (a). No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development. This permit may be incorporated into the regular building permit provided there is a check box indicating floodplain review is necessary and that proper documentation of review is kept in the approval file and verified during post construction inspection by staff or a third party engineer or surveyor.

An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area (SFHA) or future conditions flood hazards area.

(b)

Designation of floodplain administrator. The director of planning or his or her designate is hereby appointed to administer and implement the provisions of this subdivision.

(c)

Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to:

(1)

Review of all applications for floodplain development permits and when necessary coordinate with the county engineer to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this subdivision have been satisfied;

(2)

Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law;

(3)

Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

(4)

Issue floodplain development permits for all approved applications;

(5)

Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

(6)

Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse; and

(7)

Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;

(8)

Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;

(9)

When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a registered professional engineer or architect.

(d)

Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

(1)

Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

(2)

Identify and describe the work to be covered by the floodplain development permit;

(3)

Indicate the use or occupancy for which the proposed work is intended;

(4)

Indicate the assessed value of the structure and the fair market value of the improvement;

(5)

Specify whether development is located in designated flood fringe or floodway;

(6)

Identify the existing base flood elevation and the elevation of the proposed development;

(7)

Give such other information as reasonably may be required by the floodplain administrator;

(8)

Be accompanied by plans and specifications for proposed construction; and

(9)

Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

(Ord. No. O-41-15, § 1, 7-30-2015)

(a)

General standards.

(1)

No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied, or if:

a.

The construction would have been legal at the time of construction under a previous edition of the Floodplain Overlay District;

b.

The after-the-fact permit is issued before December 31, 2022; and

c.

The project site plan is administratively reviewed by the director or their designee. If the director determines that the site plan meets the terms of subsections a and b, the director or their designee shall approve the application.

1.

Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section 27-198.

2.

Appeal. Determinations made by the director or their designee may be appealed to the planning commission.

(2)

All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this subdivision. If flood insurance study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.

(3)

Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(4)

All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

a.

Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Construction with materials resistant to flood damage;

c.

Utilization of methods and practices that minimize flood damages;

d.

All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

e.

New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and

f.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

1.

All such proposals are consistent with the need to minimize flood damage;

2.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

3.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

4.

All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.

(5)

Storage, material, and equipment.

a.

The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b.

Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

(6)

Nonconforming uses. A structure, or the use of a structure or premises that was lawful before the passage or amendment of this subdivision, but which is not in conformity with the provisions of this subdivision, may be continued subject to the following conditions:

a.

If such structure, use, or utility service is discontinued for 18 consecutive months, any future use of the building shall conform to this subdivision.

b.

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

(b)

Specific standards.

(1)

In all areas identified as numbered and unnumbered A zones, AE, and AH zones, where base flood elevation data have been provided, as set forth in subsection 27-552(a)(2), the following provisions are required:

a.

Residential construction. New construction, substantial improvement, or substantial damage of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of 18 inches above base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Substantial improvement or substantial damage is applied when the combined total of improvements or repairs made to the structure in the calendar year exceeds 50 percent of the structure's market value.

All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed to be elevated to a minimum of 18 inches above the base flood elevation and in accordance with section 27-552.

When fill is used, the top layer shall be above the BFE and in accordance with adopted building code standards. Fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.

Retrofitting a pre-firm single family residence that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding may be retrofitted to meet the design standards for insurance ratings as specified in FEMA flood insurance manual, lowest floor guide. Owners may voluntarily choose to wet floodproof. Any mechanical, electrical, or other utility equipment must be located 18 inches above the base flood elevation. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements. If wet floodproofing techniques are utilized, a certificate of wet floodproofing shall be provided by a registered professional engineer or architect.

Pre-firm accessory structure in a single family residential zoned district, that are subject to flooding may be retrofitted to meet the design criteria for automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Owners may voluntarily choose to wet floodproof an accessory structure to reduce potential flood damage. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements.

b.

Non-residential construction. New construction, substantial improvement or substantial damage of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of 18 inches above the base flood elevation or, together with attendant utility and sanitary facilities in accordance with section 27-552, be dry floodproofed to a minimum of 18 inches above the base flood elevation. A registered professional engineer and/or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the floodplain administrator as set forth in subsections 27-551(c)(7)—(9). Substantial improvement or substantial damage is applied when the combined total of improvements or repairs made to the structure in the calendar year exceeds 50 percent of the structure's market value.

When fill is used, the top layer shall be above the BFE and in accordance with adopted building code standards. Fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.

c.

Require, for all new construction and substantial improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1.

The structure must provide one square inch of venting for every square foot of enclosed area;

2.

The structure must provide at least two vents located on different sides of the structure, with one being located on the upstream side of the structure, if possible;

3.

The bottom of required vents must be no higher than one foot above grade;

4.

The required vents must be freely open with no human interventions required and be equipped with screens, louvers, valves, or other coverings or devices provided that they permit automatic entry and exit of floodwaters;

5.

The area below the base flood elevation must be unfinished and constructed of flood-resistant materials as the same are defined by FEMA. Sheetrock or drywall used for fire protection is permitted in unfinished areas;

6.

All ductwork, heating, ventilation and air conditioning systems, electrical and hot water heaters included as part of the structure must be elevated a minimum of 18 inches above the base flood elevation;

7.

All of the above required features must be shown on the plan submitted for the floodplain development permit;

8.

An elevation certificate must document the venting features included in a structure and be filed with the floodplain administrator before the structure is occupied.

(c)

Manufactured homes.

(1)

All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2)

Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's FIRM on sites:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In an expansion to and existing manufactured home park or subdivision; or

d.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of 18 inches above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

(3)

Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's FIRM, that are not subject to the provisions of subsection 27-551(c)(2) of this subdivision, be elevated so that either:

a.

The lowest floor of the manufactured home is a minimum of 18 inches above the base flood level.

(d)

Appurtenant structure/accessory structure. Agriculture structure, or accessory structure with two or less outside rigid walls and a fully secured roof, or an accessory structure used solely for parking and limited storage purposes, not attached to any other structure on the site, and of limited investment value may be constructed at-grade and wet-floodproofed (flood vents and flood openings) provided there is no human habitation or occupancy of the structure; that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Accessory structure shall be in conformance with section 27, article VIII, zoning and accessory uses. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria National Flood Insurance Program (NFIP) opening requirements.

In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for agricultural structures and accessory structures that are constructed at grade and wet-floodproofed.

(1)

Use of the accessory structures must be solely for parking and limited storage purposes in zones A, AE, AO, and AH only as identified on the community's flood insurance rate map (FIRM).

(2)

For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood resistant materials. If floodproofing techniques are utilized, a certificate of floodproofing shall be provided by a registered professional engineer or architect.

(3)

The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures. All of the building's structural components must be capable of resisting specific flood related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

(4)

Any mechanical, electrical, or other utility equipment must be located 18 inches above the base flood elevation.

(5)

The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters. If wet floodproofing techniques are utilized, a certificate of floodproofing shall be provided by a registered professional engineer or architect.

(6)

Reserved.

(7)

Equipment, machinery, or other contents must be protected from any flood damage and in accordance with subsections 27-522(5)(a) and (b). Equipment such as scales, may be floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions. If floodproofing techniques are utilized, a certificate of floodproofing shall be provided by a registered professional engineer or architect.

(8)

Reserved.

(9)

All of the above required features must be shown on the plan submitted for the floodplain development permit.

(10)

An elevation certificate must document the features included in a structure and be filed with the floodplain administrator before the structure is occupied.

(e)

Areas of shallow flooding (AO and AH zones). Located within the areas of special flood hazard as described in subsection 27-550(a) are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

(1)

AO zones.

a.

All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

b.

All new construction and substantial improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

(2)

AH zones.

a.

The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in subsection 27-552(b).

b.

Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

(f)

Floodway. Located within areas of special flood hazard established in subsection 27-550(a) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

(1)

The unified government shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.

(2)

The unified government shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge.

(3)

If subsection 27-552(e)(2), is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 27-552.

(4)

In unnumbered A zones, the unified government shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set forth in subsection 27-552(a)(2).

(g)

Recreational vehicles. Require that recreational vehicles placed on sites within all unnumbered and numbered A zones, AE, AH, and AO zones on the city's FIRM either:

(1)

Be on the site for fewer than 180 consecutive days, or

(2)

Be fully licensed and ready for highway use ^[11]; or

(3)

Meet the permitting, elevation, and anchoring requirements for manufactured homes of this subdivision.

(Ord. No. O-41-15, § 1, 7-30-2015; Ord. No. O-136-21, 9-30-2021)

(a)

Establishment of appeal board. The city's board of zoning appeals, as established by article III of the unified government planning and development ordinances shall hear and decide appeals and requests for variances from the floodplain management requirements of this subdivision.

(b)

Responsibility of appeal board. Where an application for a floodplain development permit is denied by the floodplain administrator, the applicant may apply for such floodplain development permit directly to the appeal board, as defined in subsection 27-553(a).

The appeal board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this subdivision.

(c)

Appeals. Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the district court as provided in K.S.A. 12-759 and 12-760.

(d)

Floodplain management variance criteria. In passing upon such applications for variances, the appeal board shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this subdivision, and the following criteria:

(1)

Danger to life and property due to flood damage;

(2)

Danger that materials may be swept onto other lands to the injury of others;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alternative locations, not subject to flood damage, for the proposed use;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

Safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.

(e)

Conditions for approving floodplain management variances.

(1)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items (2) through (6) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provide the proposed activity will not preclude the structure's continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3)

Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

Variances shall only be issued upon: (a) showing of good and sufficient cause, (b) determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(6)

A community shall notify the applicant in writing over the signature of a community official that: (a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this subdivision.

(Ord. No. O-41-15, § 1, 7-30-2015)

(a)

Violation of the provisions of this subdivision or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this subdivision or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the unified government or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. Each day such violation continues shall be considered a separate offense.

(b)

Nothing contained in this section shall prevent the unified government or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. O-41-15, § 1, 7-30-2015)

The regulations, restrictions, and boundaries set forth in this subdivision may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the official newspaper of the city. At least 20 days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this subdivision are in compliance with the NFIP regulations.

(Ord. No. O-41-15, § 1, 7-30-2015)

The commercial design guidelines are intended to provide definitions and descriptions of acceptable design in specified areas of both the county and the city. These guidelines are established to accomplish the following goals:

(1)

Relate development to surrounding community;

(2)

Provide direction for the creation of quality development with respect to site planning, architectural design, and landscaping;

(3)

Ensure quality design that reflects community identify and sense of place;

(4)

Support property values in new development and redevelopment; and

(5)

Implement the long-range vision of the community.

(Ord. No. O-50-06, § 1, 5-25-2006)

(a)

The commercial design guidelines are applicable to all commercial and office development within the boundaries identified on the map (see appendix "A"). Commercial design includes all districts beginning with a "C" designation such as C-O, C-I, C-2 and C-3. This includes those commercial and office areas located west of 94th Street.

(b)

The commercial design guidelines shall apply to all new development within the area described in subsection (a) of this section. The guidelines shall apply to existing development when changes (renovation, restoration, modification, addition, or retrofit, collectively referred to as rehabilitation) are proposed to a structure or a site that will exceed 50 percent of the current appraised value of the structure or site, as established by the county. Rehabilitation costs shall be aggregated over a five year period to determine whether the development is subject to these guidelines.

(c)

Rehabilitation projects shall conform to these guidelines to the greatest extent possible, and shall provide written explanations for each area of noncompliance.

(d)

Design solutions proposed as an alternative to these requirements may be considered by the planning commission provided that such alternative design furthers the purposes and intent of this subdivision and does not result in design that would otherwise violate the terms of the regulations contained in this subdivision.

(e)

Design review will be provided as follows:

(f)

Where there is conflict between the terms of this subdivision and other regulatory provisions applicable in the land development process, the more strict regulations will apply.

(Ord. No. O-50-06, § 1, 5-25-2006)

(a)

Intent. To encourage on-site and off-site compatibility of development while considering the relationship between site design and the existing environment. Site character includes consideration of: physical and natural features of land; building placement; vehicular access; circulation and parking; pedestrian access; preservation and buffering of views; surrounding development; and community character.

(1)

Development should be sited in a manner consistent with, and be appropriate for, many of the existing conditions of the site.

(2)

Parking and circulation should account for pedestrians bicycles and vehicles.

(3)

Building and street layout should define a cohesive development.

(b)

General layout.

(1)

Multi-lot or multibuilding developments shall be designed as unified projects with a sense of place reflected through development layout and architectural design.

(2)

Linear or strip development is discouraged, including linear open air centers or strip centers, either of which front parking lots.

(3)

Large retail establishments (big box) are subject to these guidelines with the following specific requirements:

a.

All big box developments shall include at least three retail establishments located in a complex that is planned and managed as a single unit.

b.

No more than 80 percent of the off-street parking may be located in the front of the development if more than 80 percent is in front then the number of landscape islands will be increased by 50 percent.

c.

At least two sides (the two sides that are projected to have the highest level of pedestrian activity) of a big box store (of more than 120,000 square feet) shall include customer entryways. Additional stores located within the development shall also have clearly marked entryways. The entryways shall be defined with at least three of the following features:

1.

Canopy or portico;

2.

Overhangs;

3.

Recesses/projections;

4.

Raised cornice parapets over doors;

5.

Peaked roof forms;

6.

Arches;

7.

Outdoor patios;

8.

Display windows;

9.

Architectural details such as tile work or moldings that are integrated into the building or structure;

10.

Integral planters or wing walls that incorporate landscaped areas and/or places for seating.

(c)

Grading and drainage.

(1)

Where possible, new development should maintain the natural topography of the existing site. Extensive grading (more than 70 percent of the site) or unusual site improvements are strongly discouraged.

(2)

Site drainage patterns shall be designed to prevent surface drainage from collecting on and/or flowing across pedestrian areas.

(3)

Use of stepped retaining walls is where necessary along public streets and other visible areas of the site to reduce the steepness of manmade slopes and to provide pockets or terraces for revegetation and landscaping. Every wall over six feet in height must be "stepped." Four feet of terrace is required for every eight feet of wall.

(4)

Detention ponds should not be contained within a lot or parcel that contains a building site. One detention area may be required to serve multiple lots.

(5)

Detention ponds should be designed as a project amenity.

(d)

Circulation.

(1)

Projects must be designed to minimize any increased traffic use of neighborhood streets.

(2)

Curb-cuts should be minimized and concentrated at mid-block.

(3)

A sense of entry or arrival shall be created at primary entryways into the development. Building placement, landscaping, gates, entry monuments, specialty lighting, and other design elements can be used to create this design effect.

(4)

Driveway configuration and design should be determined based on the size of development and capacity of streets. For example, a large, traffic-generating development with a multi-neighborhood drawing radius should provide significantly more driveway space for ingress and egress with turn lanes than a smaller, neighborhood-oriented development.

(5)

The number of external entrances should be consistent with existing or anticipated design of adjacent streets.

(6)

To reduce the need for multiple street access points and to allow for the potential future reduction of driveways consistent with access management principles, access points and driveways must be planned and shared between properties, with access easements noted on plats or other recorded document.

(7)

There shall be a hierarchy of internal circulation beginning with site access from the public street.

a.

Access driveways shall feed into driving lanes which shall divide into parking lanes and parking areas.

b.

There shall be limited access to driveways, which shall be provided from driving lanes, not parking areas, wherever possible.

c.

Circulation patterns within parking areas shall be defined by curbs and landscaped islands.

d.

Where possible, groups of buildings should be serviced by dedicated service access lanes.

(8)

Internal vehicular, bicycle and pedestrian circulation must connect in a manner obvious to users.

(9)

To the maximum extent possible, there shall be pedestrian circulation from the perimeter of the site to the principal customer entrance to all buildings. Within the site, there shall be pedestrian connections provided to all pedestrian activities, including transit stops, street crossings, open space, building and store entry points, and adjacent pedestrian systems.

(10)

Sidewalks in front of buildings must be designed to accommodate pedestrian activity both for that use and for movement between uses. This may include cafe seating and outdoor sales pursuant to the chapter 32, article III.

(11)

Internal pedestrian walkways within parking lot or drive area must be distinguished from other surfaces.

(12)

Pedestrian connections must be clearly defined in a combination of two or more of the following ways:

a.

Six-inch vertical curb.

b.

Trellis.

c.

Special railing.

d.

Bollards.

e.

Special paving.

f.

Low seat wall or other architectural features.

g.

Pedestrian scale lighting.

h.

Traffic calming devices.

(13)

Site design should integrate and facilitate access to public transit.

(14)

Sidewalks that are within reasonable proximity to an identified trail system should connect to that system and accommodate the uses anticipated on the trail (e.g., pedestrian, bicycle).

(e)

Parking.

(1)

The majority of all surface parking and all drive through facilities should be located to the maximum extent possible behind buildings or in the interior of a block.

(2)

Pedestrian walkways through the parking area to building entrances should be clearly marked pursuant to this subdivision.

(3)

Parking located between front of building and street right-of-way must provide an additional 20 feet of landscaped area in addition to the required setback.

(4)

Parking must be screened from adjacent streets by walls, shrubs, trees, or other design elements.

(5)

Parking lot curb cuts must be designed and minimized to reduce conflicts between pedestrians and automobiles.

(6)

Accessible parking must be provided according to unified government requirements.

(7)

Dead-end parking without a designated turn-around area should be avoided and shall not be permitted on any new projects that are not infill or redevelopment.

(8)

Parking should be divided into blocks of 40 to 50 spaces. Where this is not easily defined, groups of 20 spaces should be divided by a landscape island at least the size of one stall.

(9)

Structured parking, as follows:

a.

Structured parking adjacent to a street shall provide an active front with pedestrian-oriented uses.

b.

Structured parking shall integrate with adjacent buildings using similar materials, alignments, and architectural finishes.

(10)

Cart corrals should be low-profile, created with pavement (e.g., curbs), may include a bollard to deflect parking, and should have low-profile identification signs, no taller than four feet.

(f)

Building elements.

(1)

There should be a designated walkway or clear pathway to the main entrance of a building so that pedestrians are not required to walk through parking lots.

(2)

Buildings should be located in such a manner as to minimize conflicts between pedestrians and automobiles.

(3)

Buildings should be oriented primarily to the street.

(4)

Retail shops at street level should have direct access to and from the sidewalk.

(5)

Entrances should be easily identifiable as primary points of access to buildings.

(6)

Corner buildings at gateways or prominent intersections shall be designed to emphasize the gateway or intersection location. This may include major architectural expression in the facade roof form and/or massing, such as:

a.

Larger bulk;

b.

Tower forms;

c.

Peaked roofs; and/or

d.

Over-sized windows.

(7)

Pad sites shall be clustered together to define street edges and entry points or to enclose and create interesting places between buildings, such as public outdoor seating, landscaped areas, or other focal points.

(8)

Buildings, walls, trees, topography, and other site features shall be oriented and arranged to define circulation areas and lend a human scale to the development.

(9)

Shared parking between adjacent or closely related developments is strongly encouraged, provided each development complies with unified government parking requirements.

(g)

Outdoor storage areas/mechanical equipment.

(1)

Masonry screen walls are required to provide 100 percent opaque screening to public views of loading and service areas from other properties or public streets.

(2)

Service areas and docking facilities should be located to the side or rear of the building away from public streets and main circulation and drives when possible.

(3)

All trash receptacles shall be enclosed with a screening wall or fence constructed of the same materials as the primary structure. The screen must be a minimum of six feet in height on all sides and designed with the gate facing away from streets or adjacent land uses. All screening materials must be well maintained at all times.

(Ord. No. O-50-06, § 1, 5-25-2006)

(a)

Intent. It is the intent of this section to create and enhance community image through thoughtful design development. This section is intended to ensure that:

(1)

Design relates buildings to each other and to the community.

(2)

Good design incorporates and combines design theme, building facade materials, colors, roof, and equipment.

(3)

Similar to site design, building design at street level must be oriented to people and cars.

(b)

Overall design.

(1)

Architectural design shall create or contribute to uniqueness or sense of a specific place.

(2)

Building elevation design determinations must consider the character of the surrounding architecture and neighborhood and incorporated design elements that further reflect or enhance community character. Where community character is difficult to determine, planning staff will work with the applicant to identify any relevant features.

(c)

Building facade.

(1)

Commercial development should take into account the architectural design of all building elevations, 360 degrees. Quality design should be expressed on all elevations of a building.

(2)

In order to break up the monotonous appearance of long facades, a building wall no more than 45 feet in length should be divided into increments of no more than 45 feet through articulation of the facade. This can be achieved through combinations of at least three of the following techniques:

a.

Divisions or breaks in materials;

b.

Building offsets (projections, recesses, niches);

c.

Window bays;

d.

Separate entrances and entry treatment; or

e.

Variation in rooflines.

(3)

The scale of individual building facade components should relate to one another and the human scale, particularly at street level.

(d)

Design theme.

(1)

A single building development with multiple buildings must maintain a consistent style/architectural theme. Architectural design building materials, colors, forms, roof style and detailing should all work together to express consistent design. This includes all pads within a retail development, as well as gasoline pump canopies or other accessory structures.

(2)

Large buildings adjacent to small buildings should consider and incorporate architectural design elements and details such that the scale of the larger building appears compatible with that of the smaller building.

(3)

The composition of a building more than three stories tall shall include a clearly recognizable base, middle, and top. The base of a building should be weightier in appearance than the rest of the building. This can be accomplished with use of heavier, larger, or darker building materials. The top of the building may include, among other things, cornice treatments, sloping roof, or stepped parapets.

(4)

Buildings in a grouped development should approximately align horizontally in their main architectural elements, windows, sills, cornices, banding, etc., although these lines may be carried from building to building by different elements.

(5)

A single, large dominant building mass shall be avoided. Changes in mass should be related to entrances, the integral structure, and/or the organization of spaces and activities.

(6)

Building elements must not function as signage. The appearance of "franchise architecture" where buildings function as signage is discouraged. Incorporation of franchise or business design elements unique or symbolic or a particular business must be unobtrusive and secondary to the overall architectural design.

(7)

New primary structures that express a standardized corporate identity shall incorporate at least three of the following elements to create a facade and building design similar to those on an existing primary structure visible from the new primary structure and located within 500 feet of the new primary structure. Significant departures from "off-the-shelf" buildings, either locally or by national chains, may be required to meet this standard.

a.

A similar roofline or roof material.

b.

Similar facade colors and materials.

c.

Similar pedestrian entry locations and entryway architecture.

d.

Similar amounts of glazing on facades visible from the public street.

(8)

Accessory structures must incorporate matching design and materials of the primary building.

(e)

Building materials.

(1)

Building materials must be durable, economically maintained, and of a quality that will retain its appearance over time, including but not limited to: natural or synthetic stone, brick, stucco, integrally-colored, textured, or glazed concrete masonry units, high quality prestressed concrete systems, cementitious siding (hardy board), or glass. The director may approve other high-quality materials.

a.

Building design should avoid large expanses of highly reflective surfaces and mirror glass exterior walls.

b.

Highly tinted glass or glass tinted in unnatural colors should be avoided.

(2)

Exterior building materials shall not include the following:

a.

Split shakes, rough sawn, or board and batten wood;

b.

Vinyl siding;

c.

Smooth-faced grey concrete block, painted or stained concrete block, tilt-up concrete panels;

d.

Field painted or prefinished corrugated metal siding;

e.

Standard single-tee or double-tee concrete systems; or

f.

EIFS at the ground level or comprising more than 15 percent of any facade.

(3)

Exterior building material must be continued down to within nine inches of finished grade on any elevation. Exterior masonry materials must be continued to the top of grade.

(4)

All building facades shall be at least 50 percent masonry. Cementitious siding may be used to meet 50 percent of the total masonry requirement.

(f)

Building color.

(1)

Color should be used to tie building elements together.

(2)

All building projections shall match or complement in color the permanent color of the surface from which they project.

(3)

Intense, bright, black, or fluorescent colors shall be used sparingly and only as accents.

(g)

Building roof.

(1)

Buildings should have a defined top. This can be accomplished with cornices, caps, parapets, or roofs.

(2)

Three-dimensional rooftops are encouraged. Variation in roofline is suggested to reduce the scale of large buildings.

(3)

Sloped roofs or canopies shall be covered with high quality roofing material such as approved by the director. Metal roofing is preferred, especially for small articulations. Asphalt is discouraged and wood roofing materials are prohibited.

(h)

Windows.

(1)

For new construction, windows, windows with awnings, and covered pedestrian walkways should total at least 60 percent of the building frontage along public streets or parking lots. Windows should be for display purposes or to allow viewing both into and out of the interior. Exceptions may be made for individual tenants in excess of 20,000 square feet gross floor area or the rear elevation of a building that backs up to a public street, where the window percentage should be 25 percent of the linear building frontage.

(2)

Reflective or mirrored glass for use as windows is prohibited, unless determined otherwise by the director. Clear glass shall be used for storefronts, windows, and doors. Window painting, signage, or view blocking techniques are not permitted.

(i)

Auto-oriented uses. Drive-up and drive-through facilities, order stations, pick-up windows, bank teller windows, money machines, etc., shall be located on the side or rear of primary structures to minimize views from public streets. Drive-up and drive-through lanes should be not located between the front of the primary structure and the adjacent streets or sidewalks. Drive up facilities including drive lanes shall not be located within 150 feet of an existing residential structure, all means available should be taken to minimize the impact on adjacent residential structures.

(j)

Phasing of improvements. If a center is to be built in phases, each phase shall include an appropriate share of the proposed streets and circulation system, landscaping and outdoor spaces, screening, and other site and architectural amenities of the entire project. The extent of these improvements shall be determined for each phase of a specific project at the time of project development approval, and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements to accommodate the necessary public infrastructure to adequately screen the site.

(Ord. No. O-50-06, § 1, 5-25-2006)

(a)

Findings and intent. Landscaping offers many benefits including providing color and shade, buffering wind, sun, and bad views, and reducing glare. Landscaping also integrates structures and uses with the site while reducing the visual impact of development on adjacent uses.

(1)

Landscaping is important to completing the design picture.

(2)

Landscaping is a working component of the development, serving to screen, buffer, soften, and energize the buildings, streets, and parking.

(3)

Landscaping identifies street frontage and maintains character for rights-of-way.

(4)

Landscaping is an on-going requirement for healthy development.

(5)

Landscaping shall exceed the typical code requirements by at least 75 percent.

(b)

Streets and drives.

(1)

New construction must provide at least a 25-foot landscape zone between structures and/or parking lots and all public streets and access easements 40 feet wide or greater. This requirement may be reduced to 12 feet where there is no paving, other than a sidewalk, between a building and the right-of-way. The distance is to be measured from the public right-of-way or curbline of a private easement.

(2)

Landscape berms and/or continuous rows of shrubs are required to screen parking from adjacent development or public streets. Shrubs used in this area must not exceed a maximum height of 30 inches at maturity.

(3)

In general, formal, stand-alone trees are encouraged to be planted in landscape zones along major streets and medians. These trees should be planted as follows:

a.

One tree with a minimum caliper of two inches (ornamental) evergreen trees must be at least six feet tall when planted) provided for every 30 feet of street easement or frontage.

b.

Street trees should be planted no closer than 55 feet and no more than 65 feet apart. Groupings of ornamental trees and shrubs should be placed in between the street trees.

(c)

Design.

(1)

Unity of design should be achieved by repetition of certain plant varieties and other materials and by coordination with other landscaping where appropriate.

(2)

Plant selection should be appropriate to planting zone, hydrozone, specific site conditions, and ability to provide year-round ornamental value.

(3)

The choices, placement, and scale of plants should relate to the architectural and site design of the project. Plantings should be used to screen, accent focal points and entries, to contrast with or reinforce building design, to break up expanses of paving or wall, to define on-site circulation, to provide seasonal interest, and to provide shade.

(4)

Landscape areas located between commercial districts and residential districts must provide 100 percent sight-obscuring year-round buffer using plant material or a combination of fence, berm and plant material.

(5)

Landscape and streetscape design should be used to enhance the frontage of primary roadways.

(d)

Buildings.

(1)

At least 75 percent of the length of building foundations facing public streets, the exterior of the development, or common spaces must be planted with ornamental plant material such as ornamental trees, flowering shrubs, perennials, and groundcovers.

(2)

Planting must be massed and scaled as appropriate for the entryway size and space.

(3)

Landscaping should breakdown in scale and increase in detail, color, and variety to mark entryways into developments.

(e)

Parking.

(1)

Parking lot landscaping must be used to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate any negative acoustic impacts of motor vehicles.

(2)

Parking lot landscaping should reinforce pedestrian and vehicular circulation, especially parking lot entrances, end of driving aisles, and pedestrian walkways leading through parking lots.

(3)

Groups of parking of between 40 and 50 spaces must be separated by a ten-foot wide landscaped median or berm, or pedestrian walkway within a landscaped median.

(4)

Parking areas that cannot be grouped must include one landscaped island the size of one stall separating each 20 spaces.

(5)

The primary landscaping material used in parking lots must be trees that provide share or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping.

(f)

Maintenance.

(1)

All new development landscaping must be irrigated with an automatic system approved by the planning department. Rehabilitation development must either have an irrigation system or a watering plan.

(2)

Plants that die must be replaced as quickly as possible, but in no event longer than four months.

(g)

Phasing. The first phase of construction should include perimeter landscaping, entry drives, and detention ponds. Future phases must indicate interim landscaping.

(Ord. No. O-50-06, § 1, 5-25-2006)

(a)

Territoriality. Territoriality is a concept that clearly delineates private space from semipublic and public spaces, and creates a sense of ownership. Ownership thereby creates an environment where appearance of such strangers and intruders stand out and are more easily identified through:

(1)

The enhanced feeling of legitimate ownership by reinforcing existing natural surveillance and natural access control strategies with additional symbolic or social ones.

(2)

The design of space to allow for its continued use and intended purpose.

(3)

The use of pavement treatments, landscaping, art, signage, screening and fences define and outline ownership of space.

(b)

Natural surveillance. Natural surveillance is a design concept directed primarily at keeping intruders under observation. Provision of natural surveillance helps to create environments where there is plenty of opportunity for people engaged in their normal behavior to observe the space around them. Areas can be designed so they are more easily observed through:

(1)

Design and placement of physical features to maximize visibility. This will include building orientation, windows, entrances and exists, parking lots, refuse containers, walkways, guard gates, landscape trees and shrubs, use of fences or walls, signage and other physical obstructions.

(2)

Placement of persons or activities to maximize surveillance possibilities.

(3)

Minimum maintained lighting standards that provide for nighttime illumination of parking lots, walkways, entrances, exits and related areas to promote a safe environment.

(c)

Access control. Access control is a design concept directed primarily at decreasing criminal accessibility. Provision of natural access control limits access and increases natural surveillance to restrict criminal intrusion, especially into areas where they will not be easily observed. When present, intruders are more readily recognized through:

(1)

The use of sidewalks, pavement, gates, lighting and landscaping to clearly guide the public to and from entrances and exists.

(2)

The use of gates, fences, walls, landscaping and lighting to prevent or discourage public access to or from dark or unmonitored areas.

(d)

Activity support. Activity support is the presence of activity planned for the space. Activity support involves placing activity where the individuals engaged in an activity will become part of the natural surveillance system. Examples include:

(1)

Place safe activities in areas that will discourage would be offenders, to increase the natural surveillance of these activities and the perception of safety for normal users, and the perception of risk for offenders.

(2)

Place high risk activities in safer locations to overcome the vulnerability of these activities by using natural surveillance and access control of the safe area.

(3)

Locate gathering areas in locations that provide for natural surveillance and access control or in locations away from the view of would-be offenders.

(4)

Improve the scheduling of space to allow for effective use and appropriate intensity of accepted behaviors.

(e)

Maintenance. Proper maintenance of landscaping, lighting treatment and other features can facilitate the principles of CPTED, territorial reinforcement, natural surveillance and natural access control. Functions include:

(1)

Proper maintenance of lighting fixtures to prescribed standards.

(2)

Landscaping which is maintained at prescribed standards.

(3)

Minimizing the conflicts between surveillance and landscaping as the ground cover, shrubs and trees mature.

(Ord. No. O-50-06, § 1, 5-25-2006)