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Lenexa City Zoning Code

ARTICLE 4

1-B ZONING DISTRICT REGULATIONS

Section 4-1-B-1 APPLICABILITY.

The regulations of this Article are applicable to all zoning districts, subject to modification by the provisions of Section 4-1-B-27 of this Chapter (Planned Development Regulations).

Effective on: 1/1/1901

Section 4-1-B-2 DISTRICTS ESTABLISHED.

  • Districts Established:  In order to implement the Comprehensive Plan and the purposes and intent of this Chapter, the following districts are established. The zoning districts may be referenced by the letters or group of letters and numbers preceding the district name:
  • SymbolDistrict NameSection
    Residential Districts
    AGAgricultural DistrictSection 4-1-B-4
    REResidential Estate DistrictSection 4-1-B-5
    RP-EPlanned Residential Estate DistrictSection 4-1-B-5
    R-1Residential Single-Family DistrictSection 4-1-B-6
    RP-1Planned Residential (Low-Density) DistrictSection 4-1-B-6
    RP-2Planned Residential (Intermediate-Density) DistrictSection 4-1-B-7
    RP-3Planned Residential (Medium High-Density) DistrictSection 4-1-B-8
    RP-4Planned Residential (High-Density) DistrictSection 4-1-B-9
    RP-5Planned Residential (High-Rise High-Density) DistrictSection 4-1-B-10
    Nonresidential Districts
    NP-OPlanned Neighborhood Office DistrictSection 4-1-B-11
    CP-OPlanned General Office DistrictSection 4-1-B-12
    CP-1Planned Neighborhood Office DistrictSection 4-1-B-13
    CP-2Planned Community Commercial DistrictSection 4-1-B-14
    CP-3Planned Regional Commercial DistrictSection 4-1-B-15
    CP-4Planned Service Commercial DistrictSection 4-1-B-16
    HBDPlanned Historic Business DistrictSection 4-1-B-17
    BP-1Planned Business Park DistrictSection 4-1-B-18
    BP-2Planned Manufacturing DistrictSection 4-1-B-19
    BP-SPlanned Business Park Subsurface DistrictSection 4-1-B-21
    Special Purpose Districts
    CCPlanned City Center DistrictSection 4-1-B-28
    PUDPlanned Unit Development DistrictSection 4-1-B-20
    PMUPlanned Mixed Use DistrictSection 4-1-B-29
    1. Table of Lesser Zoning Districts:  The following Table of Lesser Zoning District Classification is for the use of the Planning Commission in determining when republication and remailing of an application for rezoning is required.  This Table of Lesser Zoning District Classification designates which zoning classifications are lesser changes authorized within the published zoning classifications.  The Planning Commission may modify, at its discretion, an application for rezoning to a particular district by recommending a rezoning to a lesser zoning district, as determined by the Table of Lesser Zoning District Classification.
    Table of Lesser Zoning District Classification
    Zoning District RequestedLesser Zoning District(s)
    Residential Districts
    AG:AgriculturalNone
    RE:Residential EstateAG
    RP-E: Planned Residential EstateAG, RE
    R-1: Residential Single-FamilyRE, RP-E
    RP-1: Planned Residential (Low Density)RE, RP-E, R-1
    RP-2: Planned Residential (Intermediate Density)R-1, RP-1
    RP-3: Planned Residential (Medium High-Density)RP-2
    RP-4: Planned Residential (High Density)RP-2, RP-3
    RP-5: Planned Residential (High-Rise High Density)RP-3, RP-4
    Office & Commercial Districts
    NP-O: Planned Neighborhood OfficeNone
    CP-O: Planned General OfficeNP-O
    CP-1: Planned Neighborhood CommercialNP-O, CP-O
    CP-2: Planned Community CommercialCP-1
    CP-3: Planned Regional CommercialCP-1, CP-2
    CP-4: Planned Service CommercialCP-2, CP-3
    HBD: Planned Historic BusinessNone
    Business Park Districts
    BP-1: Planned Business ParkNone
    BP-2: Planned ManufacturingBP-1
    BP-2: Planned Business Park SubsurfaceNone
    Special Purpose Districts
    CC: Planned City CenterNone
    PUD: Planned Unit DevelopmentNone
    PMU: Planned Mixed-UseNone

    In no case may a change to a residential district be considered without republication and remailing if the original application is for an office, commercial or business park district, and in no case may an office or commercial district be considered if the original application is for a business park district.

    If a lesser zoning district is considered, the development application shall continue to comply with all requirements of the lesser zoning district.

    Table of Lesser Zoning Districts Classification shall not apply applications for Special Use Permits and reapplication and re-notification is necessary for consideration of a different "special use".

    Effective on: 1/1/1901

    Section 4-1-B-3 GENERAL PURPOSES OF ZONING DISTRICTS.

  • Residential and Planned Residential Districts: All of the residential and planned residential zoning districts are intended to achieve the following general purposes:
    1. Preserve and reinforce existing land-use patterns and promote high-quality residential development;
    2. Reserve appropriately located areas for residential use and offer a variety of housing types and densities in accordance with the Comprehensive Plan;
    3. Ensure that adequate light, air, privacy and open space is provided to serve the needs of occupants of all dwelling units;
    4. Encourage land-use compatibility and protect residential uses from noise, illumination, odors, visual clutter, excessive traffic and other adverse impacts;
    5. Facilitate the planning and provision of adequate facilities and infrastructure to serve residential areas;
    6. Protect the designated residential uses and the general public welfare by sustaining the adequacy of public facilities and resources, and by preventing residential uses more dense and burdensome than allowed by the respective zoning districts; and
    7. Preserve the natural amenities and environmental assets of the land, including without limitation, stream corridors, by encouraging the preservation and improvement of scenic and functional open areas.
  • Planned Residential Zoning Districts: The planned residential (RP-) zoning districts are intended to achieve the following general purposes:
    1. Provide for planned residential developments, which may contain a variety of residential structures and diversity of building arrangements, developed in accordance with an approved preliminary and final plan;
    2. Allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties;
    3. Reduce improvement costs through a more efficient use of land and smaller networks of utilities and streets;
    4. Ensure that development will occur according to limitations of use, design, coverage and phasing stipulated on an approved plan;
    5. Preserve the natural amenities and environmental assets of the land, including without limitation, stream corridors, by encouraging the preservation and improvement of scenic and functional open areas;
    6. Encourage an increase in the amount and usability of open space areas;
    7. Provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and work environments on properties of adequate size, shape and location; and
    8. Protect the designated residential uses and the general public welfare by sustaining the adequacy of public facilities and resources, and by preventing residential uses more dense and burdensome than allowed by the respective zoning districts.
  • Planned Office Districts: The purposes and intent of the planned office districts (NP-O and CP-O) are as follows:
    1. To provide for planned neighborhood and general office centers, developed in accordance with an approved preliminary and final plan;
    2. To allow planned neighborhood office developments that are compatible with surrounding residential areas in scale, character and design and to allow for the diversification of uses, structures and open spaces in a manner consistent and compatible with existing and permitted land uses on abutting properties;
    3. To reduce improvement costs through a more efficient use of land and smaller networks of streets and utilities;
    4. To ensure that development will occur according to limitations of use, design, coverage and phasing stipulated on an approved plan;
    5. To preserve the natural amenities and environmental assets of the land, including without limitation, stream corridors, by encouraging the preservation and improvement of scenic and functional open spaces;
    6. To encourage the development of office parks through an increase in the amount and quality of open space areas; and
    7. To provide maximum opportunity in the application of innovative concepts of site planning through the environments on properties of adequate size, shape and location.
  • Planned Commercial Districts: The purposes and intent of the planned commercial districts (CP-1, CP-2, CP-3 and CP-4) are as follows:
    1. To provide for neighborhood, community and regional commercial centers developed in accordance with an approved preliminary and final plan;
    2. To allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties;
    3. To reduce improvement costs through a more efficient use of land and smaller networks of utilities and streets;
    4. To ensure that development will occur according to limitations of use, design, coverage and phasing stipulated on an approved plan;
    5. To preserve the natural amenities and environmental assets of the land, including without limitation, stream corridors, by encouraging the preservation and improvement of scenic and functional open areas;
    6. To encourage an increase in the amount and quality of open space areas; and
    7. To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and work environments on properties of adequate size, shape and location.
  • Planned Historic Business District: The purposes and intent of the HBD District are as follows:
    1. To encourage new development and redevelopment in downtown Lenexa in order to promote the economic viability and general welfare of the area;
    2. To promote the historic importance of downtown Lenexa by preserving buildings of historic significance and ensure the continued construction of buildings in harmony as to style, form, color, proportion, texture and material between buildings of historic design and new buildings;
    3. To allow for greater flexibility in the zoning regulations and thus encourage diversity of land use and desirable design innovations that will create harmony between existing and proposed developments; and
    4. To provide for convenient and safe vehicular circulation and pedestrian access patterns around and into the commercial retail area of downtown Lenexa.
  • Planned Business Park and Manufacturing Districts: The purposes and intent of the planned business park (BP-1 and BP-2) Districts are as follows:
    1. To provide for planned business parks and stand-alone employment center uses with the possibility of limited complementary and compatible office, limited retail sales and service land uses;
    2. To allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties;
    3. To reduce improvement costs through a more efficient use of land and smaller networks of utilities and streets;
    4. To ensure that development will occur according to any limitations of use, design, coverage and phasing stipulated at the time of development plan approval;
    5. To preserve the natural amenities and environmental assets of the land, including without limitation, stream corridors, by encouraging the preservation and improvement of scenic and functional open areas;
    6. To encourage an increase in the amount and usability of open space areas; and
    7. To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing work environments on properties of adequate size, shape and location.
  • Planned Unit Development District: The purposes and intent of the Planned Unit Development (PUD) District are as follows:
    1. To accommodate a wide variety of use types in accordance with the Comprehensive Plan;
    2. To introduce a variety of architectural and site design solutions that encourage the preservation of natural features and scenic areas, the reduction of land consumption by roads, the separation of vehicular and pedestrian circulation systems, the meaningful integration of open space networks and recreation areas within development and the establishment of neighborhood identity and focus; and
    3. To provide flexibility from use and site development regulations in order to encourage innovative, well-designed projects that achieve a high level of environmental sensitivity, energy efficiency, safety, aesthetics and other community goals.
  • Planned City Center District: The purpose and intent of the Planned City Center (CC) District are as follows:
    1. To accommodate a new urban center for Lenexa referred to as "Lenexa City Center." The District is intended to be applied to the area designated as the City Center core and surrounding properties of the Renner City Center Activity Center as reflected in the Comprehensive Plan and Future Land Use Map.
    2. To provide flexibility for use and site regulations in order to accommodate a mixed-use development in an urban environment of detailed, high quality architecture, community oriented open spaces, and pedestrian friendly streets.
  • Underground Use District:(Reserved for Future Use)
  • Planned Mixed Use District:  The purpose and intent of the Planned Mixed Use (PMU) District are as follows:
    1. To encourage a variety of land uses in a more dense, pedestrian oriented, urban-like environment than would be possible with traditional planned zoning districts.
    2. To promote building and public open space design that creates a distinctive and memorable sense of place thereby adding to a greater sense of community.
  • Effective on: 1/1/1901

    Section 4-1-B-4 AG, AGRICULTURAL DISTRICT.

  • Purposes: The purpose of the AG Agricultural District is to preserve existing agricultural and very low-density rural residential land-use patterns and to provide a holding zone designation for areas annexed into the City. The preservation of very low intensity land-use patterns is intended to implement the Comprehensive Plan's growth management goals by discouraging urban development in areas that are not well served by public facilities and services. The AG District corresponds to the low-density residential designation on the Comprehensive Plan's Land-Use Map and, in addition to its use as a holding zone, is intended to be applied primarily in the rural service area.
  • Permitted Uses: The following uses shall be permitted in the AG District:
    1. Residential Uses:
      Single-family
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
    2. Public or Civic Uses:
      Cemetery, subject to the supplementary use regulations Section 4-1-B-23-R of this Article
      Church or place of worship, subject to the supplementary use regulations Section 4-1-B-23-R of this Article
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Agricultural and Extractive Uses:
      Agriculture
    4. Commercial Uses:
      Kennel, commercial, subject to supplementary use regulations of Section 4-1-B-23-F of this Article
      Nursery, wholesale, subject to the supplement use regulations of Section 4-1-B-23-X of this Article
      Produce stand, subject to the supplementary use regulations of Section 4-1-B-23-V of this Article
      Stable, commercial, subject to supplementary use regulations of Section 4-1-B-23-N of this Article
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article 
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the AG District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Residential Uses:
      Mobile home park, subject to the supplementary use regulations of Section 4-1-B-23-Q of this Article
    2. Public or Civic Uses:
      Aviation field or airport, subject to the supplementary use regulations of Section 4-1-B-23-C of this Article
      Club or lodge
      Correctional facility
      Cultural services
      Day care, general
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Public safety services
      Utility
      Wind Farm, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article
    3. Commercial Uses:
      Campground
      Commercial use of residential property, subject to supplementary use regulations of Section 4-1-B-23-Y of this Article
      Entertainment, outdoor
      Fish pond, commercial
      Gun club or shooting range
      Maintenance services
      Maintenance services, limited 
    4. Agricultural and Extractive Uses:
      Mining and quarrying, subject to the supplementary use regulations of Section 4-1-B-23-H of this Article
      Oil or gas drilling, subject to the supplementary use regulations of Section 4-1-B-23-J of this Article
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the AG District shall be subject to the following property development regulations. Nonresidential uses in the AG District shall be subject to the preliminary and final plan requirements set forth in Section 4-1-H-3:
  • Feature District Regulation
    Minimum lot size 20 acres
    Maximum density 1 dwelling unit per 20 acres
    Minimum lot width 300 feet
    Minimum lot frontage 50 feet
    Minimum setback from streets 50 feet
    Minimum setback, other 50 feet
    Maximum height 35 feet for residential structures; 50 feet for agricultural structures
    Minimum open space 90 percent of lot area
    1. Special Regulations: The following special regulations shall apply to property in the AG Agricultural District:
      1. Building on Unplatted Land: Prior to the issuance of a building permit for any nonagricultural use in the AG Agricultural District, a plan shall be prepared and submitted for review and approval by the Community Development Director, pursuant to the regulations of Article 4-1-G of this Chapter (Procedures for Use Determinations) or Article 4-1-H of this Chapter (Procedures for Design Determinations), whichever is applicable. The plan shall show the lot for which the building permit application is requested and the proposed structures and existing streets adjoining the tract. Although a subdivision plat is not required, a metes and bounds description of the tract relative to the section or quarter section shall be required.
      2. Sanitary Sewers and On-Site Sewage Disposal Systems:
        1. Connection to Sanitary Sewer System: All nonagricultural uses shall be required to extend and connect to the sanitary sewer system if the lot on which the land use is located is within 200 feet of an existing sanitary sewer line.
        2. On-site Sewage Treatment and Disposal: Uses not connected to the sanitary sewer system shall provide an individual, on-site sewage treatment and disposal system that complies with the requirements of Article 4-5-B of this Title. On-site sewage disposal and treatment systems shall be located wholly within the boundaries of the lot on which the land use is located. Prior to the approval of an on-site sewage disposal system, the owners and successors in ownership shall agree to connect to the sanitary sewer system within 1 year after being notified by the City that sanitary sewer service is available to serve the tract. The required agreement shall be submitted to the Community Development Director in a form approved by the City Attorney. The Community Development Director shall be responsible for recording the agreement in the official property records.
      3. Dedication of Right-of-Way: The owners of tracts abutting an existing street that contains less right-of-way than required for the street classification identified in Section 4-2-C-2-D-1 (Street Classification) and Section 4-2-C-2-D-2 (Right-of-Way) shall, by plat or warranty deed acceptable to the City, dedicate or convey the additional right-of-way necessary to comply with the minimum right-of-way standard for that street. Where the tract adjoins only 1 side of the street, dedication or conveyance shall be made for ½ of the required right-of-way width, as measured from the center line of the street. Where the tract adjoins both sides of the street, the entire right-of-way width shall be dedicated or conveyed. Building permits shall not be issued unless and until the dedications or conveyances required by this Section are accepted by the City. Where agricultural parcels abut or contain street rights-of-way of less width than prescribed by the Comprehensive Plan, required right-of-way in excess of 60 feet shall be placed in an easement and reserved for future street right-of-way. 
      4. Farm Machinery and Implements: Any tool, device, piece of equipment, or other item which is designed and used to perform specific objectives relative to agricultural practices. This includes, but is not limited to, tractors, animal trailers, harrows, manure spreaders, and combines. Farm machinery and implements may only be parked, placed, kept, or stored on land zoned AG if the land is actually used for agricultural purposes on a regular basis.
      5. Regular Basis: For purposes of this Section, "Regular Basis" shall include a wide spectrum of agricultural uses ranging from full-time, primary business use to part-time, ancillary business use, but shall not include gardening for consumption solely by family and acquaintances. The agricultural use, as defined in Section 4-3-C-5, shall be based on actual practices implemented by the owner, tenant, or lessee of the property. Use of the property for agricultural purposes on a regular basis is also intended to include owners who have legally placed the subject land under an agriculture or conservation easement, or into a land bank, or owners, tenants, or lessees who, for example, decided not to plant crop one year and to resume agricultural activities the following year.
      6. Confirmation of Agricultural Use: An AG zoning district designation of land that is not actually used for agricultural purposes on a regular basis, does not permit an owner or tenant to park, place, keep, or store farm machinery or implements, including the storage of watercraft, cars or other objects, not actively used for agricultural purposes at the subject property to maintain the property or perform agricultural activities. If the Community Standards Officer is uncertain whether a property is actively placed in agricultural use on a regular basis, the Community Standards Officer may require the owner, tenant, or lessee to confirm by affidavit that agricultural uses are conducted on the property on a regular basis.
      7. Continuation of Pre-Existing Agricultural Use: An owner, tenant, or lessee of property in agricultural use, who has submitted an affidavit to the City, as authorized by Section 4-1-B-4-G-8, and which agricultural use existed prior to the development of adjacent property for uses other than uses authorized in the AG district, shall be allowed to continue the agricultural use on the property and shall not be required to make alterations to the property, such as screening of appropriately parked, placed, or stored farm machinery or implements, to make the property compatible with subsequent development on adjacent property; provided that nothing herein shall allow the owner, tenant, or lessee of land who has submitted an affidavit pursuant to Section 4-1-B-4-G-8 to maintain a public or private nuisance on the subject property.
      8. Affidavit of Pre-Existing Agricultural Use: All owners, tenants, or lessees of property zoned AG that is actually used for agricultural purposes may, upon request by the Community Standards Officer, be required to submit an affidavit to the City for the purpose of establishing the existence and continuation of an agricultural use. An owner, tenant, or lessee may establish a pre-existing agricultural use by submitting an affidavit to the Community Standards Officer, outlining the specific type of agricultural use, when the use originally commenced, the existence of any lapses in the agricultural use, the total amount of property in the specified agricultural use, the percentage of contiguous property owned by the owner that is in agricultural use, the percentage of time spent on the specified agricultural use, and any non-agricultural uses of the property. Provided, that certain agricultural uses shall not be considered pre-existing, including, but not limited to, lapses in agricultural use in excess of two (2) years, and agricultural uses that substantially increase the pre-existing size or impact on adjacent properties without the requisite development plan approvals.

    Effective on: 1/1/1901

    Section 4-1-B-5 RE AND RP-E, RESIDENTIAL ESTATE AND PLANNED RESIDENTIAL ESTATE DISTRICTS.

  • Purposes: The purpose of the RE Residential Estate and the RP-E, Planned Residential Estate Districts is to accommodate large-lot residential development in those areas of the City that may or may not be well served by existing urban public facilities and services. The preservation and encouragement of low-density, "country residential" land-use patterns is intended to implement the Comprehensive Plan's growth management goals by discouraging high-intensity urban development in areas not yet well served by public facilities and services and by accommodating low-density, large-lot residential development in other areas. The RE and RP-E Districts correspond to the low-density residential designation on the Comprehensive Plan's Land-Use Map and are generally intended to be applied in the secondary service area. The RP-E District, with its flexible development standards, is intended to be used as means of encouraging innovative site planning and project design and is specifically intended to be applied in areas where preservation of environmental resources and unique natural features demands innovative planning and environmentally-sensitive development practices.
  • Permitted Uses: The following uses shall be permitted in the RE and RP-E Districts:
    1. Residential Uses:
      Single-family
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
    2. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article.
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf course, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the RE and RP-E Districts if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 1G of this Chapter:
    1. Public or Civic Uses:
      Cultural services
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Public safety services
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article
    2. Commercial Uses:
      Kennel, commercial, subject to the supplementary use regulations of Section 4-1-B-23-F of this Article
      Stable, commercial, subject to the supplementary use regulations of Section 4-1-B-23-N of this Article
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the RE and RP-E Districts shall be subject to the following property development regulations. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A, as listed for the CP-O, Planned General Office Zoning District. Development in the RP-E District shall also be subject to the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. Nonresidential uses in the RE District shall also be subject to the preliminary and final plat requirements set forth in Section 4-1-H-3:
  • Feature Regulation
    Minimum district size 30 contiguous acres
    Minimum lot size 1 acre
    Maximum density 1 dwelling unit per acre
    Minimum lot width 200 feet
    Minimum setback from streets 50 feet-perimeter streets 35 feet-internal streets
    Minimum setbacks, other 25 feet
    Maximum height 35 feet
    Minimum open space 75 percent of the lot/district area

    Effective on: 1/1/1901

    Section 4-1-B-6 R-1 and RP-1, RESIDENTIAL SINGLE-FAMILY AND PLANNED RESIDENTIAL SINGLE-FAMILY (LOW-DENSITY) DISTRICTS.

  • Purposes: The R-1 Residential Single-Family and RP-1, Residential Planned Single-Family (Low-Density) Districts are intended to accommodate low-density, single-family residential development in areas where adequate public facilities and services are available. The R-1 and RP-1 Districts implement the land-use planning policies of the Comprehensive Plan by providing areas for low-density residential development. The R-1 District is intended to accommodate traditional, low-density single-family developments, while the RP-1 District, with its flexible property development standards is intended to encourage and accommodate innovative single-family developments and imaginative site planning. Both the R-1 and RP-1 Districts correspond to the low-density residential designations in the primary and secondary service areas of the Comprehensive Plan.
  • Permitted Uses: The following uses shall be permitted in the R-1 and RP-1 Districts:
    1. Residential Uses:
      Single-family
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
    2. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf courses, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the R-1 and RP-1 Districts if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 1G of this Chapter:
    1. Public or Civic Uses:
      Cemetery, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Cultural services
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Public safety services
      School, elementary and secondary
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Commercial use of residential property (R-1 Zoning District only), subject to the supplementary use regulations of Section 4-1-B-23-Y of this Article
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the R-1 and RP-1 Districts shall be subject to the following property development regulations. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A of this Article, as listed for the CP-O, Planned General Office Zoning District. Development in the RP-1 District shall also be subject to the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. Nonresidential uses in the R-1 District shall also be subject to the preliminary and final plan requirements set forth in Section 4-1-H-3 of this Chapter:
  • Feature Regulation
    Minimum lot size 8,000 square feet
    Maximum density 3.5 dwelling units per acre
    Minimum lot width 70 feet/80 feet for corner lots
    Minimum lot depth 115 feet
    Minimum setback from streets 30 feet/20 feet from side streets
    Minimum interior side setback 7 feet
    Minimum rear setback 20 feet
    Maximum height 35 feet
    Minimum open space 60 percent of the lot/district

    Effective on: 1/1/1901

    Section 4-1-B-7 RP-2, RESIDENTIAL PLANNED (INTERMEDIATE-DENSITY) DISTRICT.

  • Purposes: The RP-2, Residential Planned (Intermediate-Density) District is intended to accommodate master-planned, low- to moderate-density residential development (depending on the unit mix and actual density) in areas where adequate public facilities and services are available. The RP-2 District implements the land-use planning policies of the Comprehensive Plan by providing areas for low-density and moderate-density residential development. The RP-2 District's property development standards provide the flexibility necessary to accommodate innovative, high-quality development and imaginative site planning. The District corresponds to the medium-density residential designations on the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the RP-2 District:
    1. Residential Uses:
      Single-family
      Duplex
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
      Multi-family
    2. Public Or Civic Uses:
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf course, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the RP-2 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Group home, general
      Public safety services
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses: (None)
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the RP-2 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A, as listed for the CP-O, Planned General Office Zoning District:
  • Feature Regulation
    Minimum lot size* 8,000 square feet
    Minimum site area per dwelling unit 5,000 square feet
    Maximum density 8 dwelling units per acre
    Minimum lot width* 80 feet
    Minimum setback from streets 25 feet
    Minimum setbacks, rear 20 feet
    Minimum setbacks, other 7 feet
    Maximum height 35 feet
    Minimum open space 60 percent of the lot area
    * Excluding multi-family

    Effective on: 1/1/1901

    Section 4-1-B-8 RP-3, RESIDENTIAL PLANNED (MEDIUM HIGH-DENSITY) DISTRICT.

  • Purposes: The RP-3, Residential Planned (Medium High-Density) District is intended to accommodate master-planned, medium- to high-density residential development (depending on the unit mix and actual density) in areas where adequate public facilities and services are available. The RP-3 District implements the land-use planning policies of the Comprehensive Plan by providing areas for medium-density and high-density residential development. The RP-3 District's property development standards provide the flexibility necessary to accommodate innovative, high-quality development and imaginative site planning. The District corresponds to the medium-density residential designations on the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the RP-3 District:
    1. Residential Uses:
      Single-family
      Duplex
      Multi-family
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
    2. Public Or Civic Uses:
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf course, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the RP-3 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Group home, general
      Public safety services
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses: (None)
  • Accessory Uses:
    Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the RP-3 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A, as listed for the CP-O, Planned General Office Zoning District:
  • Feature Regulation
    Minimum site area per dwelling unit 3,630 square feet
    Maximum density 12 dwelling units per acre
    Minimum lot width No set minimum
    Minimum setback from streets 25 feet
    Minimum setbacks, rear 20 feet
    Minimum setbacks, other 7 feet
    Maximum height 35 feet
    Minimum open space 60 percent of the lot area

    Effective on: 1/1/1901

    Section 4-1-B-9 RP-4, RESIDENTIAL PLANNED (HIGH-DENSITY) DISTRICT.

  • Purposes: The RP-4, Residential Planned (High-Density) District is intended to accommodate master-planned, high-density residential development in areas where adequate public facilities and services are available. The RP-4 District implements the land-use planning policies of the Comprehensive Plan by providing areas for high-density residential development. The RP-4 District's property development standards provide the flexibility necessary to accommodate innovative, high-quality development and imaginative site planning. The District corresponds to the high-density residential designation on the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the RP-4 District:
    1. Residential Uses:
      Single-family
      Duplex
      Multi-family
      Manufactured home, subject to Section 4-1-C-5 of this Chapter,
      Architectural Design Standards
    2. Public or Civic Uses:
      Day care, limited, subject to the supplementary use regulations of
      Section 4-1-B-23-E of this Article
      Group home, limited
      Nursing home

      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf course, subject to the supplementary use regulations of
      Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the RP-4 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use
      regulations of Section 4-1-B-23-R of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Group home, general
      Public safety services

      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article
    2. Commercial Uses:  (None)
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the RP-4 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A, as listed for the CP-O, Planned General Office Zoning District:
  • FeatureRegulation
    Minimum site area per dwelling unit2,723 square feet
    Maximum density16 dwelling units per acre
    Minimum lot widthNo set minimum
    Minimum setback from streets20 feet
    Minimum setback, rear20 feet
    Minimum setbacks, other7 feet
    Maximum height35 feet
    Minimum open space60 percent of the lot area

    Effective on: 1/1/1901

    Section 4-1-B-10 RP-5, RESIDENTIAL PLANNED (HIGH-RISE, HIGH-DENSITY) DISTRICT.

  • Purposes: The RP-5, Residential Planned (High-Rise, High-Density) District is intended to accommodate master-planned, high-density residential development in areas where adequate public facilities and services are available. The RP-5 District implements the land-use planning policies of the Comprehensive Plan by providing areas for high-rise and high-density residential development. The RP-5 District's property development standards provide the flexibility necessary to accommodate innovative, high-quality development and imaginative site planning. The District corresponds to the high-density residential designation on the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the RP-5 District:
    1. Residential Uses:
      Single-family
      Duplex
      Multi-family (36 or fewer units per acre)
      Manufactured home, subject to Section 4-1-C-5 of this Chapter, Architectural Design Standards
    2. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, limited
      Nursing home
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    3. Commercial Uses:
      Golf course, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the RP-5 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Residential Uses:
      Multi-family (over 36 units per acre)
    2. Public Or Civic Uses:
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, general
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Public safety services
      Utility
      Wireless Communications Tower, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    3. Commercial Uses: (None)
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the RP-5 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified. All permitted or approved nonresidential uses (excluding permitted accessory structures) shall be subject to the minimum property development regulations set forth in Section 4-1-B-26-A, as listed for the CP-O, Planned General Office Zoning District:
  • Feature Regulation
    Minimum site area per dwelling unit 1,210 square feet
    Maximum density 36 dwelling units per acre
    Minimum lot width No set minimum
    Minimum setback from street 30 feet
    Minimum setbacks, rear 20 feet
    Minimum setbacks, other 7 feet
    Maximum height 48 feet
    Minimum open space 40 percent of lot area
    1. Special Regulations: Where a lot line abuts property zoned R-1, but not a public street, the minimum setback for principal structures shall be 25 feet from the abutting lot line.

    Effective on: 1/1/1901

    Section 4-1-B-11 NP-O, PLANNED NEIGHBORHOOD OFFICE DISTRICT.

  • Purposes: The NP-O, Planned Neighborhood Office District is primarily intended to accommodate low-intensity office uses that serve neighborhood and community needs. The District regulations are intended to ensure that residential conversions and new office construction is compatible with existing and future residential development. The NP-O District is intended to be applied in areas designated for office and commercial land use and in transition areas between residential and nonresidential land uses when public facilities and services are adequate.
  • Permitted Uses: The following uses shall be permitted in the NP-O District:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    2. Commercial Uses:
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article 
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the NP-O District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Cemetery, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      Cultural services
      Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Nursing home
      Public safety services
      Utility
      Wireless Communications Tower, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Laundry or dry cleaning, limited
      Medical or dental clinic
      Medical or dental lab
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article. 
      Personal services
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article.
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article. 
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the NP-O District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • FeatureRegulation
    Minimum lot size16,000 square feet
    Maximum district size10 acres
    Minimum setback from streets30 feet
    FeatureRegulation
    Minimum setbacks, other15 feet
    Maximum height35 feet
    Minimum open space35 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-12 CP-O, PLANNED GENERAL OFFICE DISTRICT.

  • Purposes: The CP-O, Planned General Office District is intended to accommodate a variety of office and selected service use types in well-designed office park sites. The District is intended to be applied in areas designated office, K-10 office research corridor and business park on the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the CP-O District:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      Cultural services
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
      School, elementary and secondary, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article 
    2. Commercial Uses:
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Medical or dental clinic
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the CP-O District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Cemetery, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      College or university
      Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Group home, general
      Hospital
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Nursing home
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Fitness center
      Funeral home, subject to the supplementary use regulations of Section 4-1-B-23-AB of this Article 
      Laundry or dry cleaning, limited
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article 
      Personal service
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article.
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article  
      Vocational school
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the CP-O District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • Feature Regulation
    Minimum district size 40,000 square feet
    Maximum district size No set maximum
    Minimum setback from streets 30 feet
    Minimum setbacks, other 30 feet
    Maximum height No set maximum
    Minimum open space 35 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-13 CP-1, PLANNED NEIGHBORHOOD COMMERCIAL DISTRICT.

  • Purposes: The CP-1, Planned Neighborhood Commercial District is intended to accommodate low-intensity retail, office and convenience land uses that serve neighborhood and limited community needs. The District is intended to encourage pedestrian-oriented design and to implement the "convenience and neighborhood shopping area" land-use principles of the Comprehensive Plan. The District regulations are intended to ensure that nonresidential uses located adjacent to residential areas are compatible with existing neighborhoods and that there is connectivity between residential and neighborhood commercial uses. The CP-1 District is intended to be applied in areas designated for commercial land use and, in limited instances, as a transition between residential and higher intensity nonresidential land uses when public facilities and services are adequate.
  • Permitted Uses: The following uses shall be permitted in the CP-1 District:
    1. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Cultural services
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
    2. Commercial Uses:
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Consumer repair services
      Convenience store
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, indoor- subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Garden center
      Gasoline sales, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Laundry or dry cleaning, limited
      Medical or dental clinic
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article 
      Personal services
      Restaurant, general
      Retail
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the CP-1 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public or Civic Uses:
      Club or lodge
      Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article 
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Public safety services
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Auction services, limited, subject to the supplementary use regulations of Section 4-1-B-23-AG of this Article
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Fitness center
      Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article.
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the CP-1 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • FeatureRegulation
    Minimum district size3 acres
    Maximum district size10 acres
    Minimum setback from streets30 feet
    Minimum setbacks, other30 feet
    Maximum height35 feet
    Minimum open space25 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-14 CP-2, PLANNED COMMUNITY COMMERCIAL DISTRICT.

  • Purposes: The CP-2, Planned Community Commercial District is intended to accommodate retail, office and service uses that serve community needs. The District is intended to accommodate attractive, well-designed development on sites that provide excellent multi-modal transportation access and to implement the "community shopping area" planning principles of the Comprehensive Plan. The CP-2 District is intended to be applied in areas designated for commercial land use by the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the CP-2 District:
    1. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      College or university
      Cultural services
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    2. Commercial Uses:
      Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Car wash, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Consumer repair services
      Convenience store
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, indoor - subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Fitness center
      Funeral home
      Garden center
      Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Laundry or dry cleaning, limited
      Laundry, self-service
      Medical or dental clinic
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article 
      Personal services
      Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Restaurant, general
      Retail
      Service station, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
      Vocational school
  • Conditional Uses:  (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the CP-2 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public or Civic Uses:
      Hospital
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wireless Communications Tower, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article
      Homeless Shelter, subject to the supplementary use regulations of Section 4-1-B-23-AK of this Article 
    2. Commercial Uses:
      Auction services, limited, subject to the supplementary use regulations of Section 4-1-B-23-AG of this Article
      Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, outdoor subject to the supplementary use regulations of of Section 4-1-B-23-AD of this Article 
      Hotel/motel
      Parking, commercial
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article.
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the CP-2 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:

  • FeatureRegulation
    Minimum district size10 acres
    Maximum district size30 acres
    FeatureRegulation
    Minimum setback from streets30 feet
    Minimum setbacks, other30 feet
    Maximum height45 feet
    Minimum open space25 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-15 CP-3, PLANNED REGIONAL COMMERCIAL DISTRICT.

  • Purposes: The CP-3, Planned Regional Commercial District is intended to accommodate retail and commercial land uses that serve community and regional needs. It is intended to promote the "regional shopping area" land-use planning principles of the Comprehensive Plan. The District is intended to be applied in areas well-served by major roadways and designated for commercial land use by the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the CP-3 District:
    1. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      College or university
      Cultural services
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    2. Commercial Uses:
      Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Car wash, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Construction sales and service, limited, subject to the supplementary use regulations of Section 4-1-B-23-T of this Article
      Consumer repair services
      Convenience store
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, indoor
      Fitness center
      Funeral home, subject to the supplementary use regulations of Section 4-1-B-23-AB of this Article
      Garden center
      Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article 
      Hotel or motel
      Laundry or dry cleaning, limited
      Laundry, self-service
      Medical or dental clinic, general
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article 
      Personal services
      Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Restaurant, general
      Retail
      Self-service storage
      Service station, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Veterinary hospital
      Vocational school
    3. Industrial Uses:
      Laundry service
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the CP-3 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Hospital
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of subsection Section 4-1-B-23-AE of this Article
      Homeless Shelter, subject to the supplementary use regulations of subsection Section 4-1-B-23-AK of this Article
    2. Commercial Uses:
      Amusements
      Auction services, limited, subject to the supplementary use regulations of Section 4-1-B-23-AG
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Entertainment, outdoor
      Parking, commercial
      Pawnbrokers, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Pay Day loan business, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Stable, commercial, subject to the supplementary use regulations of Section 4-1-B-23-N of this Article
      Title loan business, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Theater, indoor
      Vehicle and equipment repair, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Vehicle and equipment sales/rental, subject to the supplementary use regulations of Section 4-1-B-23-W of this Article
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the CP-3 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • FeatureRegulation
    Minimum district size30 acres
    Maximum district size100 acres
    Minimum setback from streets50 feet
    Minimum setbacks, other50 feet
    Maximum height100 feet
    Minimum open space25 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-16 CP-4, PLANNED SERVICE COMMERCIAL DISTRICT.

  • Purposes: The CP-4, Planned Service Commercial District is intended to accommodate high-intensity commercial and limited industrial uses of a service nature that have operating characteristics which are incompatible with residential and low-intensity nonresidential environments. The District is intended to be applied in areas designated for commercial land use by the Comprehensive Plan's Future Land-Use Map.
  • Permitted Uses: The following uses shall be permitted in the CP-4 District:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      College or university
      Cultural services
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    2. Commercial Uses:
      Amusements
      Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Auction services, general, subject to the supplementary use regulations of Section 4-1-B-23-AG of this Article
      Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Broadcasting studio
      Car wash, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Construction sales and service, limited, subject to the supplementary use regulations of Section 4-1-B-23-T of this Article
      Construction sales and service, general, subject to the supplementary use regulations of Section 4-1-B-23-T of this Article
      Consumer repair services
      Convenience store
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, indoor
      Entertainment, outdoor, subject to the supplementary use regulations of Section 4-1-B-23-AD of this Article
      Fitness center
      Funeral home
      Garden center
      Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Hotel or motel
      Industrial and business equipment and supplies
      Kennels, commercial, subject to the supplementary use regulations of Section 4-1-B-23-F and Section 4-1-B-23-AB of this Article
      Laundry or dry cleaning, limited
      Laundry, self-service
      Maintenance services
      Medical or dental clinic
      Medical or dental lab
      Nursery, general
      Office
      Parking, commercial
      Pawnbrokers, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Pay Day loan business, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article 
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article
      Personal services
      Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Restaurant, general
      Retail
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article
      Title loan business, subject to the supplementary use regulations of Section 4-1-B-23-AF
      Service station, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Vehicle and equipment repair, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Vehicle and equipment sales/rental, subject to the supplementary use regulations of Section 4-1-B-23-W of this Article
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
      Vocational school
    3. Industrial Uses:
      Laundry service
      Printing and publishing
      Wholesale and warehousing, general
      Wholesale and warehousing, limited
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the CP-4 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Aviation field or airport, subject to the supplementary use regulations of Section 4-1-B-23-C of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article
      Homeless Shelter, subject to the supplementary use regulations of Section 4-1-B-23-AK of this Article
    2. Commercial Uses:
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Stable, commercial, subject to the supplementary use regulations of Section 4-1-B-23-N of this Article
      Theater, indoor
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the CP-4 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • FeatureRegulation
    Minimum district size1 acre
    Maximum district sizeNo set maximum
    Minimum setback from streets50 feet
    Minimum setbacks, other50 feet
    Maximum height35 feet
    Minimum open space25 percent of lot area

    Effective on: 1/1/1901

    Section 4-1-B-17 HBD, PLANNED HISTORIC BUSINESS DISTRICT.

  • Purposes: The HBD, Planned Historic Business District is intended to accommodate development and redevelopment within the City's historic commercial core, while preserving the historical significance and unique qualities of the area. The HBD District regulations are intended to promote the economic vitality and to encourage compatible development by providing design flexibility. It is also the intention of the HBD District to provide for convenient and safe vehicular and pedestrian access patterns in the area.
  • Permitted Uses: The following uses shall be permitted in the HBD District:
    1. Residential Uses:
      Single-family, subject to the supplementary use regulations of Section 4-1-B-23-M of this Article
      Multi-family, subject to the supplementary use regulations of Section 4-1-B-23-M of this Article
    2. Public or Civic Uses:
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    3. Commercial Uses:
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Consumer repair service
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, indoor subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Industrial and business equipment and supplies
      Medical or dental clinic
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article 
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article
      Personal services
      Restaurant, general
      Retail
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the HBD District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Club or lodge
      Cultural services
      Day care, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Arcade commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Fitness center
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the HBD District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • FeatureRegulation
    Minimum district sizeNo set minimum
    Maximum district sizeNo set maximum
    Minimum setback from streets10 feet
    Minimum setbacks, other10 feet
    Maximum height45 feet
    Minimum open spaceNo set minimum

    Effective on: 1/1/1901

    Section 4-1-B-18 BP-1, PLANNED BUSINESS PARK DISTRICT.

  • Purposes: The BP-1, Planned Business Park District is intended for high-quality planned business park environments. Businesses in the BP-1 District shall be of low- to moderate-intensity, including office and research facilities and lower intensity or smaller scale wholesaling, manufacturing and warehouse operations. Ancillary retail uses may also be permitted in the form of accessory retail sales areas and warehouse outlets, and planned limited use retail activities. Businesses within the BP-1 District shall not create incompatible land-use relationships, adverse impacts or hazards to surrounding areas. The District is intended to be applied in areas designated for business park and K-10 corridor land uses by the Comprehensive Plan's Future Land-Use Map. It is also intended to promote the land-use planning principles of the Comprehensive Plan.
  • Permitted Uses: The following uses shall be permitted in the BP-1 District:
    1. Public or Civic Uses:
      Club or lodge
      College or university
      Cultural services
      Day care, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Day care, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    2. Commercial Uses:
      Broadcasting studio
      Consumer repair services
      Industrial and business equipment and supplies
      Maintenance services, limited
      Medical or dental clinic
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article 
      Research services
      Retail/service limited business park, subject to the supplementary use regulations of Section 4-1-B-23-K of this Article
      Vocational school
    3. Industrial Uses:
      Laboratories, analytical and experimental
      Manufacturing, limited
      Printing and publishing
      Wholesale and warehousing, limited
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the BP-1 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public or Civic Uses:
      Aviation field or airport, subject to the supplementary use regulations of Section 4-1-B-23-C of this Article
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wind Farm, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Auction services, limited, subject to the supplementary use regulations of Section 4-1-B-23-AG of this Article
      Banking Facility - Temporary, subject to the supplementary use regulations of Section 4-1-B-23-AA of this Article
      Fitness center
      Parking, commercial
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article
      Self-service storage subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article.
      Veterinary Hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
    3. Agricultural, Extractive, and Underground Uses:
      Oil or gas drilling, subject to the supplementary use regulations of Section 4-1-B-23-J of this Article
    4. Industrial Uses:
      Wholesale and warehousing, general
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the BP-1 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • Feature Regulation
    Minimum district size 10 acres
    Maximum district size No set maximum
    Minimum setback from streets 50 feet
    Minimum setbacks, other 30 feet
    Maximum height 45 feet; 65 feet for office buildings
    Minimum open space 25 percent of lot area
    1. Special Regulations: The following special regulations shall apply to property in the BP-1 District:
      1. Common Ownership: No application for a BP-1, Planned Business Park development shall be accepted or approved unless all of the property included in the application is under unified control or until it is under contract for sale to an entity that will have unified control.
      2. Integrated Architectural Design: The plan for development of the BP-1, Planned Business Park development shall demonstrate integration and coordination of the architectural design for buildings, structures, landscaping and open space areas.
      3. High Quality Visual Image: Buildings in the BP-1 District should present a high quality visual image to the street characterized by significant use of glass, the use of higher quality finish materials, and designs with building articulation, visual interest and detail similar to office development.
      4. First Floor Height: The maximum first floor clear height shall be 18 feet. A greater first floor height may be approved at the rear of a site that is adjacent to a BP-2, CP-2, CP-3 or CP-4 district.
      5. Limited Activities: Uses in the BP-1 District should involve activities that are totally enclosed and have no noise, odor, vibration, or other impacts discernible external to the building.   Parking of business related vehicles should occur away from street frontages with preferred placement towards the side or rear of the business.
      6. Prohibited Activities: The following are prohibited in the BP-1 Districts: outdoor storage of products or materials; overhead doors facing a street; and erection of external tanks and equipment (beyond customary building mechanical systems) that are not fully enclosed or fully screened from public view.

    Effective on: 1/1/1901

    Section 4-1-B-19 BP-2, PLANNED MANUFACTURING DISTRICT.

  • Purposes: The BP-2, Planned Manufacturing District is intended for high-quality planned industrial park environments and well-designed business centers or single-tenant facilities. Businesses in the BP-2 District may be of moderate- to high-intensity and shall be predominately light industrial in nature, which may include wholesaling, manufacturing and warehouse operations in addition to research and office uses. Ancillary retail sales may also be permitted in the form of small retail sales counters and planned limited use retail activities. While some low- to moderate-outward impacts may be associated with BP-2 District uses, businesses within the BP-2 District shall not create incompatible land-use relationships or hazards to surrounding areas. The District is intended to be applied in areas designated for business park development on the Comprehensive Plan's Future Land-Use Map. It is intended to promote the "business and industrial park" land-use planning principles of the Comprehensive Plan.
  • Permitted Uses: The following uses shall be permitted in the BP-2 District:
    1. Public Or Civic Uses:
      Club or lodge
      College or university
      Cultural services
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      Public safety services
    2. Commercial Uses:
      Adult business establishments, subject to the supplementary use regulations of Section 4-1-B-23-B of this Article
      Broadcasting studio
      Construction sales and service, general, subject to the supplementary use regulations of Section 4-1-B-23-T of this Article
      Consumer repair services
      Fitness center
      Industrial and business equipment and supplies
      Kennels, commercial, subject to the supplementary use regulations of Section 4-1-B-23-F and Section 4-1-B-23-AB of this Article
      Maintenance services
      Medical or dental lab
      Office
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article 
      Research services
      Retail/service limited, business park, subject to the supplementary use regulations of Section 4-1-B-23-K of this Article
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article
      Vehicle and equipment repair, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article 
      Vocational school
    3. Industrial Uses:
      Laboratories, analytical or experimental
      Laundry service
      Manufacturing
      Manufacturing, limited 
      Printing and publishing
      Wholesale and warehousing, limited and general
  • Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
  • Special Uses: The following uses shall be permitted in the BP-2 District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter:
    1. Public Or Civic Uses:
      Aviation field or airport, subject to the supplementary use regulations of Section 4-1-B-23-C of this Article
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      Correctional facility
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Utility
      Wind Farm, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Wireless Communications Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE of this Article 
    2. Commercial Uses:
      Auction services, general, subject to the supplementary use regulations of Section 4-1-B-23-AG of this Article
      Parking, commercial
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article
      Vehicle and equipment sales and rental, subject to the supplementary use regulations of Section 4-1-B-23-W of this Article
    3. Industrial Uses:
      Basic industry
      Salvage yard, subject to the supplementary use regulations of Section 4-1-B-23-L of this Article
    4. Agricultural, Extractive, And Underground Uses:
      Mining and quarrying, subject to the supplementary use regulations of Section 4-1-B-23-H of this Article
      Oil or gas drilling, subject to the supplementary use regulations of Section 4-1-B-23-J of this Article
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
  • Property Development Regulations: Each site in the BP-2 District shall be subject to the following property development regulations, as well as the planned development standards of Section 4-1-B-27 of this Article, which shall prevail in those cases where no minimum or maximum property development standard is specified:
  • Feature Regulation
    Minimum district size No set minimum
    Maximum district size No set maximum
    Minimum setback from streets 50 feet
    Minimum setbacks, other 30 feet
    Maximum height 45 feet
    Minimum open space 25 percent

    Effective on: 1/1/1901

    Section 4-1-B-20 PUD, PLANNED UNIT DEVELOPMENT DISTRICT.

  • Purposes: The PUD, Planned Unit Development District is intended to accommodate a wide variety of use types in accordance with the City's Comprehensive Plan. It is the intent of the PUD District to provide flexibility from use and site development regulations in order to encourage innovative, well-designed projects that achieve a high level of environmental sensitivity, energy efficiency, safety, aesthetics and other community goals. Each application for a PUD shall contain a statement by the applicant describing how the proposed development departs from the City's standard development regulations, and how the proposed development, on balance, is an improvement over what otherwise would be required under the community's standard zoning and land development regulations.
  • Authorized Uses: No use shall be established and no development shall be permitted in the PUD District unless approved pursuant to the procedures and standards of Article 1G of this Chapter. No use shall be approved within a PUD if it is found by the Governing Body to be contrary to the Comprehensive Plan or contrary to the health, safety and general welfare of the present and future residents of the City. The overall land-use makeup of PUDs shall be consistent with the underlying Comprehensive Plan land-use designation and the following standards:
    1. Residential PUDs: PUDs to be established on lands designated for residential land uses on the Comprehensive Plan's Future Land-Use Map shall be considered "residential PUDs". The following land-use standards shall apply to residential PUDs:
      1. Residential and Public/Civic Uses: The Governing Body may approve any residential and public/civic uses within residential PUDs in accordance with the density limits of the Comprehensive Plan.
      2. Commercial Uses: In addition to residential and public/civic uses, the Governing Body may approve commercial uses within residential PUDs; provided, that:  1.  Such uses are supported by a sufficient population within the PUD;  2.  Such uses are designed and located in such a manner as to protect the character of the affected project and surrounding land uses and natural assets; and 3.  Such uses do not occupy in total more than 40 square feet of gross floor area per dwelling unit in the PUD.
      3. Market Study: The square footage limitation on commercial uses may be adjusted by the Governing Body up to a maximum of 80 square feet of gross floor area per dwelling unit upon an acceptable demonstration by the applicant that a larger nonresidential allocation is a necessary convenience for a larger market area. The Planning Commission shall recommend to the Governing Body whether a demonstrated need exists for additional nonresidential area after reviewing the applicant's plan and market feasibility report. Such market feasibility report shall analyze:  1.  All existing competing commercial facilities within a 5 mile radius of the site, including delineation of estimated market areas and projected numbers of users assigned to each respective primary and secondary market area; and 2.  The impact of the proposed nonresidential development on the quality and character of existing and anticipated future residential development within the neighborhood, including traffic impacts.
    2. Commercial PUDs: PUDs to be established on lands designated for commercial, office or business park land uses on the Comprehensive Plan's Future Land-Use Map shall be considered "commercial PUDs". The following land-use standards shall apply to commercial PUDs:
      1. Residential and Public/Civic Uses: The Governing Body may approve any residential and public/civic uses within commercial PUDs; provided, that the overall density of residential uses shall not exceed 16 units per acre.
      2. Commercial Uses: The Governing Body may approve any commercial uses within commercial PUDs.
      3. Industrial Uses: The Governing Body may approve any industrial uses within commercial PUDs.
    3. Mixed-Use PUDs: PUDs to be established on lands designated for both residential and nonresidential (commercial, office or business park) land uses on the Comprehensive Plan's Future Land-Use Map shall be considered "mixed-use PUDs". Those portions of a mixed-use PUD that have an underlying residential land-use designation shall be regulated in accordance with the residential PUD standards of subsection B1 of this Section. Those portions of a mixed-use PUD that have an underlying commercial, office or business park land-use designation shall be regulated in accordance with the commercial PUD standards of subsection B2 of this Section.
  • General Standards: The following general standards shall apply to all PUDs:
    1. Unified Control: No application for a PUD shall be accepted or approved unless all of the property included in the application is under unified control.
    2. Review and Approval Procedure: The review and approval procedure for a PUD shall be as outlined in Articles 1G and 1H of this Chapter. 
    3. Minimum Site Area: The minimum contiguous site area included in a PUD shall be 25 acres. Property shall be deemed to be contiguous so long as all parts are under unified control of the applicant, and all parts abut or are separated by only a road, easement or right-of-way.
    4. Development Phasing: The expeditious construction of any PUD authorized under these provisions shall be undertaken to assure full completion of the development in accordance with the adopted preliminary and final development plan.
      1. Staging of Development: At the time of preliminary development plan approval, the Governing Body or Planning Commission may require that a phasing plan be submitted, in which case, the following standards shall apply:
        1. Each phase shall be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. Each completed phase shall comply with all applicable standards. The infrastructure, as installed, shall be sufficient to accommodate each phase of the development.
        2. In residential PUD Districts, the approved ratio of common open space to residential units shall be in relative balance at all phases of construction.
        3. In any PUD containing both residential and commercial uses, the approved ratio of commercial gross floor area to residential units shall be in relative balance at all phases of construction.
      2. Change of Conditions: The Governing Body may, from time to time, review approved development plans to determine if conditions have changed sufficiently to merit their cancellation. If the Governing Body finds sufficient grounds for reconsideration, the Governing Body may revoke the approved development plan.
    5. Residential Density: Residential density shall be controlled by the underlying Comprehensive Plan land-use designation. In the case of PUDs with underlying commercial, office or business park land-use designations, a maximum density of 16 units per acre shall apply. Residential dwelling units permitted by the maximum density standards of this Section may be allocated among different parcels within the PUD.
    6. Neighborhood Relationship and Land-Use Compatibility: A PUD shall be harmonious and not conflict with surrounding neighborhoods and existing natural features. It shall be planned, designed and constructed so as to avoid undue traffic congestion in the surrounding area and provide a compatible land-use relationship with the surrounding area, making use of landscaping, screening, natural streamways as storm water management, open space and the placement of buildings where appropriate in accordance with accepted land-use planning and design principles.
    7. Preservation of Natural Features: Mature trees, vegetative cover, watercourses and other natural site features shall be preserved to the greatest extent possible. Abrupt changes in natural slope shall be avoided. Preservation shall be directed toward:
      1. Enhancing the quality of new development;
      2. Protecting the natural environment;
      3. Providing buffering between new development and surrounding properties;
      4. Preserving the character of existing neighborhoods;
      5. Handling of storm water flows in natural channels;
      6. Maintaining existing vegetation along stream corridors as water quality filters; and
      7. Maintaining upland forest areas.
    8. Arrangement of Structures and Common Area: Structures and common areas shall be arranged in such a way as to best serve the needs of occupants and/or other users of the proposed development and minimize any adverse effects on surrounding land uses and minimize site grading.
    9. Integrated Architectural Design: The plan for development shall integrate the architectural design for buildings, structures, landscaping and common open areas.
    10. Common Open Space: A minimum of 3 percent of the gross area of every residential PUD containing 10 or more dwelling units shall be devoted to common open space for the use and enjoyment of the residents. The following areas shall qualify wholly or partially as common open space:
      1. Major Recreation Areas: The total area included within an improved recreation area may be counted as common open space; provided, that it is at least 20,000 square feet in size and is linked to all dwelling units within the PUD by a continuous pedestrian circulation system of sidewalks or trails. A golf course may be used to satisfy a maximum of 50 percent of the common open space requirement.
      2. Mini-Parks: The total area contained in mini-parks that have a minimum dimension of 10,000 square feet and that include benches, playground apparatus, barbecue pits, fire rings or other approved recreational amenities may be counted as common open space.
      3. Recreational Buildings: The area occupied by a multiple-use recreation building and its attendant outdoor recreation facilities, excluding a golf course, may be counted as common open space.
      4. Pedestrian Open Space System: The total area contained in a continuous open space pedestrian system, not less than 10 feet wide, consisting of permanently maintained walks and trails leading to a natural amenity, recreation facility or commercial use, offering intradevelopment circulation that is separate and apart from roads and streets may be counted as common open space.
      5. Environmental Features: If natural habitats of significant value or environmentally sensitive areas are determined to exist, the Governing Body may require the area so defined to be left in an undisturbed state and adequately protected or incorporated into the design of the PUD as a passive recreation area with a minimum of improvements permitted.
    11. Maintenance of Common Open Space: Any common open space established by an adopted final development plan for a PUD shall be subject to the following requirements.
      1. Responsibility: The landowner shall establish an organization for ownership and maintenance of common open space, and that organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space). The conditions of any transfer shall conform to the adopted final development plan.
      2. Failure to Maintain: In the event that the organization established to own and maintain common open space shall fail to maintain the common open space in reasonable condition, the Community Development Director shall serve written notice upon such organization defining the maintenance deficiencies. If such deficiencies of maintenance are not corrected after 30 days, the Community Development Director shall call upon any public or private agency to maintain the common open space. In such cases, the Community Development Director shall annually notify the County Clerk of the costs of such maintenance, and the Tax Assessor shall assess the costs proportionally against all properties within the PUD that have the right of use of the common open space.
    12. Landscaping and Buffering: The PUD development site as a whole shall, at a minimum, comply with the landscaping, buffering and site design standards of Section 4-1-D-2 of this Chapter:
      1. Perimeter Screening: Additional buffering beyond minimum Code requirements shall be provided at the perimeter of the proposed development where appropriate to reduce noise, glare or other influences having an adverse impact either on the proposed development or on adjacent land.
      2. Interior Screening: Additional landscaping and screening beyond minimum Code requirements shall also be provided where appropriate to mitigate adverse impacts; to provide additional shade, screening and open space in parking areas and roadways and to provide additional shade and screening around structures and in open space areas.
    13. Lighting: All lighting shall be arranged so as to prevent direct glare or hazardous interference of any proposed development to adjoining streets or lands.
    14. Off-Street Parking and Loading: The proposed development shall comply with the off-street parking and loading standards of Section 4-1-D-1 of this Chapter unless a deviation from those standards is specifically approved during the PUD approval process.
    15. On-Site Utilities: Underground on-site utilities shall be provided wherever possible.
    16. Streets:
      1. Access onto Adequate Streets: Principal vehicular access to PUDs shall be from arterial streets. Any PUD containing over 50 dwelling units and/or 30,000 square feet of nonresidential floor space shall provide at least 2 access points, where feasible.
      2. Access Point Design: Access points shall be designed to provide smooth flow, controlled turning movements and minimum hazard to vehicular or pedestrian traffic. Jog-type or nonright angle intersections shall be avoided to the greatest extent possible.
      3. Frontage Roads: PUD projects with high rates of traffic generation shall use parallel service or reverse frontage roads for access.
      4. Neighborhood Circulation: Internal roads and external access points should be designed to encourage neighborhood circulation within the development and with adjacent parcels and to provide multiple entry points onto arterial streets.
    17. Other Conditions: The Community Development Director and the Planning Commission shall have the authority to recommend, and the Governing Body shall have the authority to impose such other conditions as are necessary to accomplish the purposes of this Title and the Comprehensive Plan.
  • Effective on: 1/1/1901

    Section 4-1-B-21 PLANNED BUSINESS PARK SUBSURFACE DISTRICT.

  • Purposes: The BP-S, Planned Business Park Subsurface District shall apply only to subsurface space as generally outlined in the Lenexa Mining Properties Map of the Comprehensive Plan. Except for related mine entrances, ventilation shafts and surface utility easements, it is not the purpose of this Section to provide direct regulation of surface uses which are separately regulated by the applicable zoning district. The further purposes of the BP-S, Planned Business Park Subsurface District are:
    1. To recognize the interests of owners of subsurface space in the City who do not own the surface rights or who own only limited surface rights;
    2. To enhance the local economy by encouraging the re-use of subsurface space for offices, manufacturing, warehousing, wholesale distribution and other compatible activities;
    3. To ensure that subsurface space uses are appropriate, safe (restricted storage/use of hazardous materials and substances) and are consistent with the Comprehensive Plan;
    4. To provide efficient streamlined regulations for the circumstances of mixed subsurface space uses including the need for planning flexibility with regard to potential future tenant occupancies; and
    5. To protect the health, life safety, public welfare and property both for those persons who use the subsurface spaces and of those who use the surface above and adjacent to them.
  • Definitions: For the purposes of this Section, certain terms are defined as follows:
    BUILDING-SUBSURFACE SPACE: The area created inside a subsurface space, when walls are constructed between support pillars, in an enclosing fashion, thereby creating a separate and distinct building.
    NET USABLE AREA: The net square feet enclosed by the exterior walls of a subsurface building, less the calculated area of natural limestone pillars enclosed by the building.
    PUBLIC WAY: Any parcel of land (space) unobstructed by development not less than 16 feet in width and with a clear height not less than 7 feet appropriated to the free passage of the public.
    STREET: Any roadway which affords principal means of vehicular access and which has been specifically set aside for public and/or private use.
    SUBSURFACE SPACE: The underground cavern resulting from the extraction of limestone rock and related material, mined below grade in such a manner that the surface area of the property is not disturbed except in the vicinity of the entrances and easements serving the development.
    YARD: An open unoccupied space, other than streets and public ways, unobstructed by development to a clear height of not less than 7 feet.
  • Permitted Uses: The following uses shall be permitted in a BP-S District; provided, that such uses have complied with the Occupancy Use Review Criteria of this Section and have been approved by staff (note: some uses listed below may not be permitted when they involve the use or storage of hazardous or flammable substances):
    1. Public Or Civic Uses:
      Public safety services
    2. Commercial Uses:
      Broadcasting studio
      Industrial and business equipment and supplies
      Office Research services
      Vehicle and equipment sales and rental, subject to the supplementary use regulations of Section 4-1-B-23-W of this Article
    3. Industrial Uses:
      Lab-analytical or experimental
      Manufacturing
      Printing/publishing
      Wholesale and warehousing - limited and general
  • Special Uses: The following uses shall be permitted in the BP-S District if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article G of this Chapter and the Occupancy Use Review Criteria of this Section:
    1. Public Or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of subsection 4-1-B-23-R of this Article
      College or university
      Cultural services
      Utility
    2. Commercial Uses:
      Fitness center
      Medical or dental clinic, general
      Parking lot, storage
      Retail and service limited, business park subject to the supplementary use regulations of Section 4-1-B-23-K of this Article
      Self-service storage
      Vocational school
    3. Industrial Uses: (None)
    4. Agricultural, Extractive, And Underground Uses:
      Agriculture
  • Accessory Uses And Structures:
    Gates and guard houses
    Fences and walls
    Off-street parking areas
    Recreation areas and facilities (including swimming pools and hot tubs) for the use by employees
    Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director as a means of ensuring land-use compatibility. In no case shall the floor area devoted to any public sales and/or services uses deemed to be incidental, subordinate and ancillary to the primary operation of a tenant within the development exceed 15 percent of the total floor area devoted to the tenant or a maximum sales and/or service area of 2,000 square feet. No street, parking lot or loading dock shall be used for storage, sales or displays of goods and materials associated with the ancillary use.
  • Occupancy Use Review Criteria: While many of the permitted uses in the BP-S District are very similar to those of the other BP Districts, special review procedures are needed to ensure that the use or storage of hazardous or flammable substances does not compromise the safe re-use of subsurface space (see related building codes for more information on storage or use of hazardous or flammable substances). Therefore, prior to approval of any certificate of occupancy, all proposed uses shall first be reviewed by the City for compliance with all related zoning, building, life safety and other City Code requirements. The additional review criteria noted below shall also be utilized during the staff occupancy use review and recommendation process for BP-S uses:
    1. The proposed use is suited to a subsurface location;
    2. The use can be accommodated in the proposed location in a way that provides life safety protection to workers and other occupants that is comparable to or better than life safety protection afforded to persons performing similar work in surface locations;
    3. The subsurface uses will not be detrimental in any way to existing surface uses or to future uses that could be conducted in such locations under the applicable zoning district regulations or comprehensive land use designation; and
    4. The applicant has resolved or will resolve any and all problems unique to the proposal for the subsurface use.
  • Property Development Regulations: The surface aspects of re-utilizing subsurface spaces, including portal entrances, any parking areas, roadways, buildings, incidental or accessory uses, vent shafts and utility locations shall be subject to the property development regulations of the zoning district in which they are located, unless otherwise noted in this Section. Because of the unique character and design considerations of each subsurface space, it is not possible to determine specific property development regulations that are generally applicable. However a project subsurface master plan shall be submitted in conjunction with preliminary and final plan applications as noted in the supplemental submission requirements of this Section.
  • Supplemental Submissions For Preliminary And Final Plan Approval:
    1. Purpose: It is acknowledged that City project review time for subsurface business parks' tenants is a crucial issue in that subsurface developers use time as a major marketing tool. The turn-around times for subsurface tenant occupancy are potentially much shorter than construction and occupancy of a similar sized surface facility. Therefore, the purpose and procedures for the following preliminary and final plan supplemental submissions are similar to existing procedures for surface business parks. Subsurface developers have needed flexibility for purposes of developing and leasing space quickly, while still adequately addressing geo-technical and life/safety requirements on an on-going basis.
    2. Procedures: The requirements and procedures of this Article in conjunction with the BP-S Subsurface Space Building Code* should be utilized for plan and permit submittals. Preapplication conferences are encouraged prior to submittal of any rezoning, plan or building permit/occupancy request. Procedures for approval of a rezoning to BP-S or for a special use permit in the BP-S District are the same (except for the additional Occupancy Use Review Criteria), as set forth in Section 4-1-G-4 through Section 4-1-G-9 of this Chapter. As noted above, specific procedures for approval of preliminary and final plans is the same as set forth in Article H of this Chapter, with the clarifications noted below. All surface related (truck staging areas, parking lots, landscaping, etc.) approvals and modifications shall follow established procedures set forth in this Chapter for all surface development: *See Article 4-8-O of this Title.*
      1. Preliminary Plans (Including Conceptual Subsurface Master Plan): The Planning Commission and Governing Body shall first review the initial rezoning and preliminary plans for the subsurface business park. It is intended at time of preliminary plan approval to obtain a cursory review of geotechnical concerns with a second opinion from a City selected geotechnical consultant. Likewise, the projects conceptual subsurface master plan addresses many life safety concerns such as: ventilation (smoke and fresh air corridors), street network, exiting requirements, project utilities (electrical, phone, water and sewer), fire protection systems including refuge areas, etc.
      2. Final Plans (Including Final Subsurface Master Plan): Final plans, including subsurface and surface components, are reviewed and approved for the entire development by the Planning Commission. The subsurface master plan, reviewed for final approval, is much more detailed as it relates to the project's first phase and it will be utilized and modified by staff, if needed, during building permit/occupancy review of individual tenants or phases. Changes to the subsurface master plan may be requested by staff during review of individual building permit/occupancy review. Subsurface master plan modifications will not require review by the Planning Commission or Governing Body unless so requested by City staff or the developer.
      3. Building Permits/Occupancy Review: The City staff approves individual building permit and occupancy applications for individual tenants or phases of the project. The regulations of Article 4-1-I of this Chapter shall be followed to obtain a building permit and certificate of occupancy. However, as noted above, subsequent modifications to the project's final subsurface master plan may be approved by City staff during review of a building permit/occupancy or at his/her discretion or by developer request, placed upon the agendas of the Planning Commission and/or Governing Body.
  • Preliminary Plan Supplemental Submission Requirements: As part of the application for a preliminary plan approval, in accordance with the procedures of Article 4-1-H of this Chapter, the applicant for a preliminary plan in the BP-S Zone shall include, as a minimum, the following information, in addition to all other related information required by Article 4-1-H of this Chapter:
    1. Geotechnical Engineering Studies: In conjunction with a project's zoning approval an engineer, registered to practice in the State, with competence in the field, and selected by the developer, shall prepare a report reviewing the structural integrity of the mine. The developer may select the consulting firm, with approval from the Community Development Director, provided, that adequate information is submitted concerning: a) the consulting or subconsulting firm's previous experience with mine stability investigations; b) the consulting or subconsulting firm's geological, geological engineering, geotechnical engineering, rock or mining engineering expertise; and c) client contact listing of similar projects. Once selected, the engineering firm shall submit the following information in the form of a geotechnical report to the Community Development Director for review:
      1. Surveys:
        1. Surface Survey: A boundary survey of the surface of the subject property at a scale of 1" = 100' (unless otherwise approved), tied to existing section corners, with USGS Sea Level datum contours at 2 foot intervals.
        2. Subsurface Survey: A mine survey tying surface coordinate grid to underground coordinate grid. This survey should show locations, size, pattern and spacing of pillars, and existing and proposed portal entrances with an accuracy sufficient enough to complete required geo-technical evaluations. This survey should also illustrate those areas of other mines within 100 yards of the subject tract as well as those portions of other mines being utilized for ventilation or access purposes to the subject subsurface development.
      2. Geological Information: (Note: The following information shall be provided for the subject tract. The same information concerning other mines within ¼ mile of the subject tract, shall be provided in the form of a brief narrative):
        1. Borings: A sufficient number of borings as needed for licensed registered engineer to determine geological profile and evaluate structural integrity of the mantel.
        2. Profile Section Cuts: Vertical profile of rock and overburden from the roof of mined area to ground surface, labeling and giving the depth of each successive geological layer. Show the elevation of the ground surface, mine floor and roof at each profile location. These vertical profiles need to be provided in a grid pattern sufficient to give a clear picture of the entire area proposed for development. The vertical profile locations need to be shown on a plan of the total area and labeled for reference. On the same map, location and reference distance to outcrop should be shown.
        3. Roof Beam Thickness: Provision of isopach map illustrating roof beam thickness.
        4. Overburden Thickness: Provision of isopach map illustrating overburden thickness.
        5. Floor Material: In a short narrative format indicate floor material composition and thickness.
      3. Geotechnical Evaluations:
        1. Structural Calculations: Submittal of all needed structural calculations including: determine original compressive stress loading of the rock layer prior to the mining operation, the projected loading to the support pillars; and a complete analysis of the loading patterns and support capability of the pillars, rock mantel and floor of the mined area with the ultimate aboveground/belowground development proposed.
        2. Subsurface Preliminary Inspection: A limited cursory drive/walk-through inspection of the subsurface tract shall be undertaken. This inspection should indicate such things as the surface condition of the roof mantel, pillars and floor with detailed descriptions of any observed cracking, sloughing, chipping or other deterioration. Show and describe any evidence of water infiltration. (Video tape and/or pictures required for problem areas.)
        3. Recommended Structural Modifications: Submittal of proposed general structural modifications. Any proposed reinforcement of the roof mantel or other parts of the mined area needs to be shown and explained in detail.
        4. Consultant Certification:
          1. Form Of Certification: The following certification is required from the developer's geotechnical consultant:
            I have personally supervised and reviewed the computations of data and supportive information; the required cursory drive/walk-through inspection was completed; and I have completed the calculations, analysis, recommendations and conclusions as set forth in the "Geotechnical Engineering Studies" of this Section. I certify that I am currently a professional Engineer registered to practice in the State of Kansas.
            Name:
            Signature:
            Registration No.:
            Date:
          2. Review By Outside Consulting Firm: The Community Development Director shall select another consulting firm as outlined in the "Geotechnical Engineering Studies" Section above. This outside consultant shall review the submittals, reports and recommendations of the first consultant and in conjunction with cursory drive/walk-through inspections of the subsurface, make recommendations as to the adequacy of the initial report submittals and recommendations. The cost of this independent review shall be borne by the developer.
    2. Conceptual Subsurface Master Plan: The conceptual subsurface master plan shall include the following elements and design standards:
      1. Streets:
        1. Underground Circulation: The plan shall indicate the proposed location and design of the underground circulation system (including street widths, turning areas and potential pedestrian accessways). The plan shall show at least 2 portals, located a sufficient distance apart, or otherwise physically isolated so as to provide exiting redundancy in the event of an emergency near 1 of the portals. Newly constructed portals shall be located as far as practicable from existing portals.
        2. Subsurface Street/Parking Design Standards: The surface street and parking lot design and construction standards of the UDC may be modified by the Community Development Director for the design considerations of subsurface spaces. Streets shall be designed to permit for the turning movements of design vehicles and emergency vehicles. No street shall be less than 20 feet in width and shall have a minimum vertical clearance of 13½ feet.
      2. Railroad Spur Lines: The plan shall indicate the design and proposed location of any railroad spur lines.
      3. Ventilation: The plan should incorporate conceptual data relating to the projects intended compliance with the BP-S Subsurface Space Building Code.* Fresh air corridors and emergency smoke evacuation corridors, fans, curtains, vertical shafts, etc., should all be clearly referenced. *See Article 4-8-O of this Title.*
      4. Fire Protection Systems: The plan should illustrate conceptual locations of standpipes, hydrants, alarms, emergency communication boxes and refuge areas (if applicable) as required by the BP-S Building Code.
      5. Conceptual Layout Of Evacuation Routes: The plan should include a conceptual layout of evacuation routes and any required areas of refuge in compliance with all aspects of the BP-S Building Code and approved by the Fire Chief or his/her designee. The plan shall also include emergency access plans and alternate plans to address a situation where a main portal may be blocked or closed.
      6. Drainage: To ensure adequate drainage for the overall subsurface development, the plan should include conceptual drainage information for handling melting snow, broken water pipe/sprinkler heads, etc.
      7. Utilities: A conceptual utility master plan shall be submitted showing the proposed location of water (dual-feed looped system required for fire protection), sanitary sewer, electrical, phone and other utilities. Proposed provision of surface easements shall be clearly identified.
      8. Central Control Station: A central control station shall be conceptually located near a portal entrance. This station shall include controls for alarms and fire prevention/control devices, major utilities and communications and shall be designed in accordance with the requirements set forth for central control station final plan requirements.
    3. Surface Area Site Plan: A preliminary site plan, as required by the respective surface zoning designation, shall be required for all surface construction related to the underground space, including but not limited to portal entrances, vent shafts, security and storage buildings, parking lots, proposed truck docking or storage areas, public street access, location of railroad mainline and any spur lines and proposed signage. The preliminary site plan shall include a reclamation plan for surface disruption from previous mining operations as well as proposed landscaping as set forth in Section 4-1-D-2 of this Chapter (Landscaping, Buffering and Site Design).
    4. Traffic Impact Study: A complete traffic impact study, demonstrating the effect of both commercial/industrial traffic commonly found for subsurface business parks and commuting on the roads serving the site and on the area road network in general.
    5. Preliminary Drainage And Flood Control Analysis And Plans - Surface: A preliminary analysis of 100-year, 200-year and 500-year flood plains as they affect the site (including potential flooding of the mine portals) and a complete preliminary plan for controlling storm water, drainage and flooding on the surface of the site.
    6. Other Information: Such other information as the applicant may wish to supply or as the City or its Planning Commission or Governing Body may reasonably request in order to make a determination on the proposal.
  • Final Plan Supplemental Submission Requirements: As part of the application for a final plan approval, in accordance with the procedures of Article 4-1-H of this Chapter, the applicant for a final plan in the BP-S District shall include the following information, in addition to all other related information required by Article 4-1-H of this Chapter:
    1. Geotechnical Engineering Studies: Except for re-submittals of the preliminary surface and subsurface surveys, no additional geotechnical information need be submitted in conjunction with final plan approval unless requested by the City or its Planning Commission or Governing Body, or at the discretion of the developer to assist with making a determination on the proposed final plan. Final detailed geotechnical certification will be required in conjunction with building permit/occupancy permit application for an individual tenant and/or phase of the project.
    2. Subsurface Master Plan - Final: The subsurface master plan for final approval shall be more detailed in anticipation of building permit/occupancy permit application for the projects first tenants and/or phase. This plan shall be used and re-evaluated (and modified at the discretion of staff if needed) in conjunction with review of each building permit/occupancy application. The final subsurface master plan shall incorporate the preliminary subsurface master plan design requirements and include the following additional elements and design standards:
      1. Streets: The plan shall indicate the proposed location and design of the underground circulation system (including street widths, turning areas and pedestrian accessways). The site plan must include emergency access plans and alternate emergency access plans when a main portal is blocked or closed. All streets shall have a center line striping, meeting the requirements of the Manual of Uniform Traffic Control Devices, in a permanent traffic marking such as thermoplastic or cold tape, with prismatic reflectors installed along the center line at maximum 100 foot intervals.
      2. Railroad Spur Lines: The plan shall indicate the design and proposed location of any railroad spur lines.
      3. Ventilation: The plan should incorporate detailed engineered data relating to the projects intended compliance with the BP-S Subsurface Space Building Codes. Fresh air corridors and emergency smoke evacuation corridors, fans, curtains, vertical shafts, etc., should all be clearly referenced. Depending on the unique circumstances of each individual subsurface space, vertical shaft(s) for fresh air and/or smoke evacuation may be required to enhance the overall effectiveness of the master plan.
      4. Fire Protection Systems: The plan should illustrate proposed locations of standpipes, hydrants, alarms, emergency communication boxes and refuge areas (if applicable) as required by the BP-S Subsurface Space Building Code.
      5. Master Evacuation Plan: The plan should include a master evacuation plan in compliance with all aspects of the BP-S Building Code and approved by the City.
      6. Signage Plan: The plan should include a master sign scheme for all tenant facade signs as well as development directional signs and emergency exit signage in conformance with the BP-S Subsurface Space Building Code requirements.
      7. Drainage: To ensure adequate drainage for the overall subsurface development, the plan should include detailed drainage information for handling melting snow, broken water pipe/sprinkler heads, etc.
      8. Lighting: The plan should include detailed lighting standards to be used for streets, exterior building and parking areas and for emergency purposes.
      9. Utilities: A utility master plan shall be submitted showing the proposed location of water (dual-feed looped system required for fire protection), sanitary sewer, electrical, phone and other utilities. Provision of future surface easements shall be clearly identified. Screening requirements for any future subsurface related structures (vent shafts, utility pedestals, etc.) to be constructed on the surface shall also be specified.
      10. Central Control Station: A central control station shall be located near a portal entrance. This station shall include controls for alarms and fire prevention/control devices, major utilities and communications and shall be designed in accordance with the following requirements:
        1. Such station may serve as a guard room, security office or manager's office.
        2. The station shall contain an annunciator panel which has a separate electrically operated visual signaling device for each remote alarm initiating (automatic) device, such as fire detectors, smoke detectors, water flow switches and for each manual alarm initiating device, such as a manual pull station or manually operated switch.
        3. At or near the annunciator panel shall be a large map indicating in reasonable detail the entire subsurface space, identifying by letter, name and/or number each pillar, each building and each tenant space.
        4. The location of each manual or automatic detection device shall be identified by a pilot light with coded letter and/or number to match the visual signal on the annunciator panel. They shall be wired in parallel so that the person in charge or fireman can immediately locate an emergency.
        5. Any 1 of the remote manual or automatic alarm indicating devices shall set off an alarm through audible and visual signals such as flashing lights, bell, horn sirens or a voice system. These shall be capable of being operated from the central control station on a building-by-building basis and/or as a general alarm throughout the entire subsurface space.
        6. The alarm should be designed to be heard or seen by all occupants within the building and/or entire subsurface space as specified for the voice communication system, as well as transmitting an alarm automatically to the local fire department.
      11. Building Permit And Occupancy Requirements: Compliance with all aspects of the subsurface master plan and additional detailed geotechnical information will be required in conjunction with application for a building permit and final occupancy by a tenant or phase of a subsurface space. Annual certifications and reviews are also required in conjunction with continued occupancy of a subsurface space. See Article 4-8-O of this Title for BP-S Subsurface Space Building Code requirements.
    3. Surface Area Site Plan: A final site plan, as required by the respective surface zoning designation, shall be required for all surface construction related to the subsurface space including but not limited to: portal entrances, vent shafts, security and storage buildings, parking lots, proposed truck docking or storage areas, public street access, location of railroad mainline and any spur lines and proposed signage. The final site plan shall include a reclamation plan for surface disruption from previous mining operations as well as proposed landscaping as set forth in Section 4-1-D-2 of this Chapter (Landscaping, Buffering and Site Design).
    4. Drainage And Flood Control Analysis And Plans - Surface: A complete analysis of 100-year, 200-year, and 500-year flood plains as they affect the site (including potential flooding of the mine portals) and a complete plan for controlling storm water, drainage and flooding on the surface of the site.
    5. Covenants And Restrictions: A copy of the developer's project covenants and restrictions shall be submitted for review. The covenants and restrictions shall apply to all facets of the subsurface/surface development (note: in order to comply with air quality standards it is strongly encouraged that developer covenants and restrictions incorporate restrictions requiring the exclusive use of electric motors for such accessory uses as fork lifts, pumps, etc.).
    6. Other Information: Such other information as the applicant may wish to supply or as the City or its Planning Commission or Governing Body may reasonably request in order to make a determination on the proposal.
  • Effective on: 1/1/1901

    Section 4-1-B-22 USE REGULATIONS SCHEDULE.

    The use regulations schedule of this Section provides a tabular summary of the land-use types allowed within each zoning district. The schedule is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations schedule and the permitted and special use regulations found within the individual district sections of this Article (Section 4-1-B-4 through Section 4-1-B-21, Section 4-1-B-28, Section 4-1-B-29 of this Article), the text of the individual district regulations shall prevail.

    1. Permitted: Uses identified in a particular district column of the Use Regulations Schedule with a "P" are "permitted by right" and shall be permitted in such district, subject to such supplementary use regulations as may be indicated in the "Supplemental Regulations" column and all other requirements of this Chapter.
    2. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
    3. Special Permit Uses: Uses identified in a particular district column of the Use Regulations Schedule with an "S" are "special permit uses" and shall be permitted in such district if reviewed and approved by the Governing Body in accordance with the procedures and standards of Article 4-1-G of this Chapter. Special permit uses shall be subject to such supplementary use regulations as may be indicated in the "Supplemental Regulations" column and all other requirements of this Chapter.
    4. Not Permitted: Uses not identified in a particular district column of the Use Regulations Schedule as permitted or by special use permit are not allowed in such district unless otherwise expressly permitted by other regulations of this Chapter.
    5. Conditions: A letter in the final "Supplemental Regulations" column of the Use Regulations Schedule refers to supplementary use regulations applicable to a particular use in 1 or more of the districts in which such use is allowed. The referenced regulations appear in Section 4-1-B-23 of this Article (Supplementary Use Regulations). For example, Condition "23C" refers to supplementary use regulations contained in Section 4-1-B-23-C of this Article. These regulations are merely supplementary and not exclusive.

    Section 4-1-B-23 SUPPLEMENTARY USE REGULATIONS.

    No zoning permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use regulations specified in this Section. In the case of conflict with zoning district dimensional regulations or other regulations of this Zoning Code, the more restrictive requirement shall apply unless otherwise specifically provided or clearly intended.

    Section 4-1-B-24 ACCESSORY USES AND STRUCTURES.

    Principal uses specified as permitted or special uses by the district regulations of this Title shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, except as otherwise provided in these regulations. In no case shall an accessory use, building or structure be established on a lot until the principal use has been established.

    Section 4-1-B-25 SPECIAL EVENTS.

  • Purpose and Intent: The purpose and intent of this Section is to allow the short-term use of land for special events, while protecting nearby property owners, residents and businesses from activities that may be disruptive, obnoxious or otherwise incompatible.
  • Types of Special Events: "Special events" shall be deemed to include short-term or seasonal uses that are not otherwise permitted by the zoning district regulations of this Article. This Section establishes three (3) classifications of special events: Special Event Registrations; Type 1 Special Events; and Type 2 Special Events.
    1. Special Event Registrations:  The following uses and activities shall be considered as Special Event Registrations:
      1. Any special event which would otherwise meet the definitions set forth in subsection (B)(2) and meet the following standards:
        1. The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility;
        2. The special event shall not cause any undue traffic congestion, parking shortage or generate excessive noise, smoke, glare, spillover lighting or other forms of environmental or visual pollution for any other uses on or adjacent to the site;
        3. Any temporary structure used in conjunction with the special event shall meet all applicable setbacks, shall be subject to a valid building permit, if applicable, shall meet uniform fire code requirements, and shall be removed within 24 hours following completion of the event;
        4. The special event shall be restricted to hours of operation between 7:00 AM and 10:00 PM, to a maximum duration of seven (7) days; and
        5.  Signs displayed in conjunction with use shall comply with city sign regulations.
      2. Repeat Events: Special events that are consistent in scope and impact to adjacent property with a special event held at the property in which a special event permit was granted within 18 months of the date of application. The Community Development Director shall have sole discretion in determining whether a special event is consistent with a prior special event held on the property. Special events meeting the criteria set forth herein shall be subject to all stipulations within the original special event permit, unless stipulations are added or deleted by the City.

      3. Block Parties: Events held for the benefit of a residential neighborhood in which a portion of a public street will be closed.

      4. Special events meeting the criteria set forth in subsection (B)(1)(a), (B)(1)(b), and (B)(1)(c) above shall register their event with the City at least 10 days prior to the event, receive information on applicable codes and pay a nominal fee established by the City.

    2. Type 1 Special Events: The following uses and activities shall be considered Type 1 special events:
      1. Fund-Raising Activities by Not-For-Profits: Fund-raising or noncommercial events for nonprofit religious, educational or community service organizations. This special event description shall not preclude the use of existing religious institutions or other not-for-profit facilities for events conducted entirely within a building, between the hours of 7:00 A.M. and 10:00 P.M.
      2. Company Picnics; Employee and Client Appreciation Events; and Open Houses:  Events and activities to recognize employees, clients and customers and celebrate company successes or new facilities.
      3. Grand Openings and Going Out of Business Sales: Any special events and activities associated with the grand opening or store closing of a business.  The use of signs and attention-attracting devices to advertise or attract attention to grand opening and going out of business sales events.
      4. Special and Seasonal Sales Events: Commercial activities, not conducted in an enclosed building or regular place of business, intended to sell, lease, rent or promote specific merchandise, services or product lines, including, but not limited to: tent sales, sidewalk sales, trade shows, flea markets, farmers' markets (including horticultural products), Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods.
      5. Walks, Runs and Bike Tours and Races: Walks, runs, bike tours, races and similar special events will be subject to application and review procedures, and general standards and conditions as set forth in this Section. The applicant will also be required to submit an event route and to coordinate the logistics for use of public rights-of-way and safe crossings at intersections with the City Transportation Manager and Police Department representative. All participants must obey pedestrian and vehicular traffic laws.
      6. Limited Display of Bagged Goods: In order to make customers aware of the availability of certain products not generally allowed to be stored or sold outside an enclosed building, a limited display of bagged goods may be allowed as part of a permitted sidewalk or seasonal sale of plant material. The provision for this limited display is not intended to provide for high volume sales or broad product lines provided by most larger discount, garden, or home improvement retailers. Where that scale of sales is desired, it must be conducted inside a building or approved permanent garden center area.

        The amount of area dedicated to bagged goods shall clearly be a minor accessory to that provided for plant sales. This shall include only a limited amount of stock for a small number of the most commonly purchased items such as mulch or soil, geared for impulse and convenience purchase. As an alternative, a retailer may choose to display samples of the broader line of products available at another location on the site.

        The bagged goods area shall be incorporated into the plant display, and the plant display shall be configured to generally screen the bagged material from public view from off of the property. While palletized storage may be used, the height of materials allowed shall generally conform to and be integrated with the size and configuration of the overall plant display.

      7. Events in City Parks: Events open to the public that are not Type 2 Special Events that are held at a City-owned park, but not including standard shelter rentals.

      8. Outdoor Entertainment: Events that involve entertainment provided by performance artists held outdoors. 

      9. Other Special Events: Events and activities not listed within subsections (a) through (h) above that otherwise meet the standards set forth in Section 4-1-B-25-E.

    3. Type 2 Special Events: Large scale short-term cultural and entertainment events, including but not limited to concerts, circuses, fairs, carnivals, and festivals, that meet some or all of the following criteria, as determined by the Community Development Director:

      1. The event is advertised to the general public.
      2. The event creates traffic and/or noise significantly above the amount typically found for uses allowed within the zoning district in which the event is proposed to be located.
      3. The event is of community or regional significance.
  • Special Events Not Requiring a Permit:  The following special events shall not require a special event permit:

    1. Auctions and Estate Sales: Auctions and estate sales, to be held inside an existing building located on private or public property that will not generate traffic or parking conditions unusual or incompatible with the event site and surrounding area will not require a special event permit. Other auctions and estate sales will be considered under subsection (B)(2)(d), Special and Seasonal Sales Events, of this Section.​
    2. City Festivals and City Sponsored Special Events conducted on City property.
    3. Ground Breakings and Ribbon Cuttings: Events celebrating the commencement or completion of construction on a new facility.
  • Application and Review Procedures:
    1. Approval of Special Events by the City: The City may approve Type 1 special event permits and special event registrations after determining that the event will comply with all of the standards of this Code.
    2. Approval of Special Events by the City Council: The following shall require review and approval by the City Council prior to being permitted:
      1. Type 1 special event applications which the Community Development Director determines should be reviewed by the City Council;
      2. Type 2 special event applications; and
      3. Type 1 special event applications that are denied by the City and appealed to the City Council in accordance with subsection (D)(4) below.  
    3. Contents of All Applications: An application for a special event permit shall be accompanied by a fee established by the City Council. The application shall be made to the Community Development Department on a form provided by the City. It shall include:
      1. A written description of the proposed event, the duration of the event, the hours of operations, anticipated attendance and any buildings/structures signs or attention-attracting devices used in conjunction with the event, as well as a response to each of the performance standards established in subsection E of this Section.
      2. A sketch plan showing the location of proposed structures (including on-site rest rooms and trash receptacles), parking areas, activities, signs and attention-attracting devices in relation to existing buildings, parking areas, streets and property lines.
      3. Written confirmation from the property owner agreeing to the special event.
      4. Any additional information deemed necessary by the Community Development Director.
      5. Proof of liability and bodily injury insurance coverage at a minimum amount of $500,000.00 combined single limit per occurrence with a minimum aggregate limit of $1,000,000.00 is required for all Type 2 events and Type 1 events held on public property and/or assisted by the City of Lenexa. Applications for such events must be accompanied by a certificate of insurance identifying the City as additional insured.  The certificate of insurance must reference the event to be held and be dated within 30 days of the event. 
    4. Review and Approval Process: A complete application shall be made at least ten (10) days prior to the requested start date of a special event registration or a Type 1 special event, and at least 30 days prior to the requested start date of a Type 2 special event.  The Community Development Director shall have the authority to waive the application deadlines.  Applications that require City Council approval shall be submitted to the City Council at the next available regularly scheduled City Council meeting following staff review of the application. With all other applications, the City shall approve, approve with conditions or deny the permit within five (5) days after the date of application. Any applicant denied a permit by the City shall be notified, in writing, of the reasons for the denial and of the opportunity to appeal the denial to the City Council at their next regularly scheduled meeting occurring at least ten (10) days following receipt of the written appeal.  Any request for hearing must be in writing and must be received be the Community Development Director within seven (7) days following the date of the denial.
    5. Revocation:  It shall be unlawful for any special event to operate in any manner inconsistent with this code.  Violations of any part of this section shall be subject to the remedies and/or penalties specified in Article 4-1-L.  An authorized building official, public officer or the Community Development Director may immediately use the enforcement powers and remedies available under Section 4-1-L-2, with or without emergency situation.  Other enforcement actions may include, but are not limited to, the immediate shutting down of operations.
  • General Special Event Standards: Special events shall comply with the following standards:
    1. Land-Use Compatibility: The special event must be compatible with the purpose and intent of this Article and the zoning district in which it will be located. The special event shall not impair the normal, safe and effective operation of a permanent use on the same site. The special event shall not endanger or be materially detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the special event, given the nature of the activity, its location on the site and its relationship to parking and access points.
    2. Compliance with Other Regulations: A business license, building permit or temporary certificate of occupancy may be required before any structure used in conjunction with the special event is constructed or modified. All structures and the site, as a whole, may be required to meet all applicable Building Code,* zoning district and Fire Code** standards and temporary structures shall be promptly removed upon the cessation of the event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention-attracting devices or other evidence of the special event or use). *See Chapter 4-8 of this Title.* **See Article 4-8-B of this Title.**
  • Parking lot sales of food shall require a Food Establishment License from the Kansas Department of Agriculture and shall comply with all applicable regulations in the Kansas Food Code as well as any other Kansas food sale laws and regulations.

    1. Hours of Operation and Duration: The duration and hours of operation of a special event shall be consistent with the surrounding land uses. The total duration of allowable events for freestanding businesses shall not exceed 14 weeks per year.  The total duration of allowable events for a shopping center, shall not exceed 26 weeks per year, not including special events classified as live plant sales or parking lot sales of food.  For purposes of this section, all events for individual businesses within a shopping center shall be counted towards the maximum duration allowed for the shopping center.  Christmas tree and Halloween pumpkin sales events and produce sales are limited to a maximum of six (6) weeks while live plant sales and parking lot sales of food are limited to a maximum duration of 14 weeks per year. Other Type 1 events may be approved for a reasonable period of time based on physical and aesthetic impact and compatibility with nearby uses, but shall  not exceed one (1) week (7 days). The duration and hours of operation of Type 2 special events shall be recommended by the Community Development Director and established by the City Council at a time of review and approval of the event permit.
    2. Frequency: The maximum frequency of a Special Event Registration, Type 1 or Type 2 special event on the same property shall be four (4) per calendar year for individual businesses.  In addition, shopping centers shall be allowed up to three (3) special events benefiting the entire shopping center per calendar year.
    3. Traffic Circulation: The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls, as determined by the City.
    4. Off-Street Parking: Off-street parking shall be provided to meet the needs of the requested special event, and the event shall not create a parking shortage for any of the other existing uses on or near the site.  If off-site parking will be used for the special event, the applicant must include with its application written consent of the off-site property owner for such use. 
    5. Public Conveniences and Litter Control: Adequate on-site restroom facilities and on-site solid waste containers shall be required. Information must be provided to indicate how the applicant has calculated demand for such facilities and how the need will be addressed.  All litter generated by the event or use shall be removed by the applicant at no expense to the City.
    6. Appearances and Nuisances: The special event shall be compatible in intensity and appearance with surrounding land uses. The event shall meet the performance standards listed within Section 4-1-C-4 as to noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution.

    If an external generator is used, it must comply with the provisions of Section 4-1-C-4 and must be reasonably shielded from public view.

    Parking lot food sales lasting more than 7 days shall comply with the following additional regulations:

    • All equipment and materials used in association with the preparation of food to be sold to the public must be stored within a fully enclosed trailer or structure.  such trailer or structure must be fully secured during the hours when the food sales activity is closed to the public;
    • Skirting around the base of any trailer or structure so as to have a finished, more permanent appearance, if applicable;
    • Any ancillary furnishings being durable, maintained in good condition and manufactured for outdoor use;
    • Must have some type of metered electric service; and
    • Exclude the use of an external generator.
    1. Signs and Attention-Attracting Devices: The City shall review all signage in conjunction with the issuance of the permit, although a separate sign permit is not required.  Article 1-E of this Chapter shall serve as a guide in the City's review of proposed signage for the special event. The City may approve the temporary use of attention-attracting devices for special events. The number and types of signs and attention-getting devices permitted shall be evaluated on the following criteria: type, size and duration of the proposed event or use, safety considerations (sight-distance setbacks, sidewalks in area, etc.), lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets) and aesthetic concerns (appearance, illumination, number and size of signs and attention-getting devices proposed). All search lights shall be permitted for no more than three (3) days of an event. Search lights must be turned off by 11:00 P.M. and no search light shall be illuminated when the angle between its beam and the ground surface is less than 60 degrees.
      Three dimensional signs and tubular type balloon signs will not be permitted on the facade of any structure. Large ground- and roof-mounted promotional type balloons, and other attention-attracting devices portraying images of products, people, cartoon characters, etc., shall be limited to a maximum height of 30 feet and shall be permitted for no more than three (3) days of an event. Such devices must be dismantled at the end of each work day or at any time wind speed exceeds 10 miles per hour.
    2. Area of Parking Lot Dedicated to Special Events: The number of parking stalls dedicated for all concurrent special events must not exceed 20 percent of stalls required for a shopping center or freestanding business, or 30 stalls, whichever is less.  

    No drives or maneuvering areas may be utilized unless such drive or maneuvering areas are directly adjacent to the approved display or demonstration area, not required for emergency access, and not needed to provide proper circulation through the lot.  The City shall also have authority to limit the number of parking spaces used by any special event when appropriate.

    1. Other Conditions: The Community Development Director and/or City Council may establish any additional conditions deemed necessary to ensure land-use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, limitations on signs and other attention-attracting devices, temporary arrangements for parking and traffic circulation, requirements for screening/buffering and guarantees for site restoration and cleanup following the special event. These conditions may include, but shall not be limited to:
      1. Modifications or restrictions to the hours of operation, duration of the event(s), size of the activity or other operational characteristics.
      2. The posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to required performance standards and City stipulations.
      3. If the special event requires the City to provide extraordinary services or equipment (e.g., traffic control or security personnel) to protect the public health or safety, as determined by the Community Development Director, the applicant shall be required to pay to the City a fee sufficient to reimburse the City for the costs of such City services. This requirement shall not apply if the event has been anticipated in the City's budget process and sufficient funds have been included in the budget to cover the costs incurred.

    Effective on: 1/1/1901

    Section 4-1-B-26 PROPERTY DEVELOPMENT REGULATIONS.

  • Property Development Regulations Schedules: The following property development regulation schedules provide tabular summaries of the dimensional and site development standards applicable within residential and nonresidential zoning districts. The schedules are intended for reference and do not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between these property development regulations schedules and the district (Section 4-1-B-4 through Section 4-1-B-21 of this Article) and planned development regulations (Section 4-1-B-27 of this Article), the district and planned development regulations shall prevail.*65 feet for Office Buildings
    NOTE: Building and Life Safety Code requirements* may affect the setbacks required between buildings, depending on the type of construction and materials. In proposed planned residential, business and industrial parks where setbacks between buildings shall be established. Each building shall maintain a setback equal to twice the minimum setback under the planned district regulations set forth in Section 4-1-B-27 of this Article (Planned Development Regulations). *See Article 4-8-D and Article 4-8-J of this Title.*
  • Residential Property Development Regulations
    Zoning DistrictMinimum Lot Area (sf)Maximum Density (UPA)Minimum Lot Width (ft)Minimum Setbacks (ft)Maximum Height (ft)Minimum Open Space (% of Lot)
    StreetsRearOther
    AG20 Acres1.0/20Ac30050505035190
    RE/RP-E43,5601.02005022522523575
    R-1/RP-18,0003.57033042073560
    RP-25,00058.0807252073560
    RP-33,63012.0-252073560
    RP-42,72316.0-202073560
    RP-51,21036.06-302074840
    NOTES:
    1 35 feet for residential structures; 50 feet for agricultural structures.
    2 50 feet for perimeter streets; 35 feet for internal streets.
    3 80 feet for corner lots.
    4 20 feet from side streets.
    5 8,000 sq. ft. minimum lot size excluding multi-family; 5,000 sq. ft. minimum site area per dwelling unit.
    6 A Special Use Permit is required for more than 36 UPA.
    7 Excluding multi-family.
    Nonresidential Property Development Regulations
    Zoning District Minimum District SizeMaximum District
    Size (sf)
    Minimum
    Setbacks (ft)
    Maximum Height (ft)Minimum
    Open Space
    (% of Lot)
    StreetsOther
    NP-O16,000 sq. ft.10 acres30153535
    CP-O40,000 sq. ft.-3030-35
    CP-13 acres10 acres30303525
    CP-210 acres30 acres303045*25
    CP-330 acres100 acres505010025
    CP-41 acre-50503525
    HBD--101045-
    BP-110 acres-503045*25
    BP-2--50304525
    *65 feet for Office Buildings
    NOTE: Building and Life Safety Code requirements* may affect the setbacks required between buildings, depending on the type of construction and materials. In proposed planned residential, business and industrial parks where setbacks between buildings shall be established. Each building shall maintain a setback equal to twice the minimum setback under the planned district regulations set forth in Section 4-1-B-27 of this Article (Planned Development Regulations). *See Article 4-4-D and Article 4-4-J of this Title.*
    1. Property Development Regulations:
      1. District Size: District size refers to amount of contiguous land area with the same zoning district classification which is included in the same planned development district site plan.
      2. Lot Size: Lot size refers to the amount of horizontal land area within lot lines. No building permit or development approval shall be issued for a lot that does not meet the minimum size requirements of this Article, with the following exceptions:
        1. Reduction For Public Purpose: When an existing lot is reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least 90 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to be in compliance with the minimum lot size standards of this Article without resort to the Board of Zoning Appeals.
        2. Utility Facilities: Public utility facilities using land or an unoccupied building requiring less than 750 square feet of site area are exempt from the minimum lot size requirements of all zoning districts; provided, that all other applicable provisions of this Article are satisfied.
        3. Single-Family Dwelling Exemptions: The minimum lot size requirements of this Article shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted or recorded prior to the adoption of this Code.
      3. Lot Width: Lot width refers to the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width shall be measured between the side lot lines along the line that is parallel to the front lot line and located the minimum front setback distance from the front lot line. In the case of cul-de-sac lots, the minimum lot width may be measured between the side lot lines along the line that is parallel to the front lot line and located at the actual front building line.
      4. Frontage: Lot frontage refers to the length of the front lot line. Unless otherwise specified in the property development regulations applicable to a zoning district, the minimum lot frontage requirement shall be identical to the minimum lot width standards; except, that on curving streets and cul-de-sacs, the required lot frontage may be reduced by up to 40 percent.
      5. Building Orientation: Buildings shall face the front of the lot, with no more than a 45 degree angle from parallel. Buildings may face either frontage on a double front lot; provided that, all applicable property development regulations are met. Requests to change lot frontage as designated on the address plat shall be submitted to the Planning Director.
      6. Density: Density refers to the number of dwelling units for each (gross) acre of land. The following regulations shall govern the calculation of maximum density:
        1. Residential Subdivisions: For residential subdivisions, density shall be calculated by dividing the proposed number of dwelling units by the gross area of the subdivision, including internal streets.
        2. Other Residential Development: For lots proposed for residential development without using the residential subdivision density calculation procedure of subsection B6a of this Section, density shall be calculated by dividing the number of dwelling units by the lot area (in acres).
      7. Setbacks: Setbacks refer to the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks shall be measured as the minimum horizontal distance between a property line and the foundation of the structure, except as specifically provided otherwise in this Article.
        1. Exceptions: The following structures and features may be located within required setbacks within all zoning districts unless specifically stated otherwise.  See Section 4-1-B-28-F-3, Planned City Center District and Section 4-1-B-29-F-3, PMU Planned Mixed Use District of this Article for additional regulations and exceptions to setbacks:
     
    Structure/FeatureYard Setback Types:  Streets, Rear, and OtherPermitted Encroachments into Setbacks
    Accessory structures and buildings (not otherwise listed below)AllAccessory structures are permitted as an exception subject to the conditions and regulations of Section 4-1-B-24 of this Article.
    Arbor or Open TrellisAllPermitted as an exception; provided it:
    • Does not occupy more than 5% of the required setback area (e.g. 7 foot side yard setback x 115 foot lot depth = 805 sq. ft. x .05 = 40 square feet);
    • Does not exceed 9 feet in height; and
    • Is at least 50% open on top and all sides.
    Awnings or CanopiesAllMaximum of 3 feet into any required yard setback but no closer than 2 feet to any property line.
    BalconyAllMaximum of 3 feet into any required yard setback but no closer than 2 feet to the property line.
    Cantilevered Bay Window or other types of projecting windowsAllMaximum of 3 feet into any required yard setback but no closer than 2 feet to the property line.
    ChimneyAllMaximum of 3 feet into any required yard setback but no closer than 2 feet to the property line.
    Decks, Porches and Patios (no more than 18 inches above the natural grade along the perimeter.)All

    Maximum of 3 feet into a required yard setback but no closer than 2 feet to any property line.

    Note:  Where there are variations in topography, the Building Services Supervisor may permit a greater deck height for portion of the deck/patio as long as the finished deck elevation is less than 30 inches above the natural grade and if the additional deck height will not significantly diminish the level of privacy for neighboring properties.  In determining the impact on privacy, consideration shall be given to the proximity of the deck to affected dwelling unit(s), location of windows, existing topography, landscape, private fencing, and other site considerations.

    Mechanical Equipment
    Such as: A/C units, pool filtering & heating equipment or other similar equipment
    Rear, OtherPermitted as an exception; provided:
    • The equipment does not unreasonably restrict access through such yards (determined by the Building Services Supervisor); and
    • The equipment is effectively screened from view from abutting property and rights of way by fences, walls or landscaping.
    Parking AreasAllEncroachments into parking setbacks are allowed as long the parking area complies with the open space required for each zoning district; Section 4-1-B, off-street parking location and design standards; Section 4-1-D-1 and landscaping buffer strip requirements; Section 4-1-D-2.
    Handicapped Accessible RampsAllIn the case of a handicap accessible ramp, the Building Services Supervisor may waive setback requirements at his/her discretion, if no other options are available to provide a ramp.
    Residential DrivewaysOtherAll driveways shall be set back at least 2 feet from side yard property lines unless a shared driveway is provided or otherwise approved by the Building Services Supervisor.
    Residential Steps, Stairs, Stoop (Not enclosed or Covered)Street, RearMaximum of 5 feet into a required front or rear yard setback.
    Residential Steps, Stairs, Stoop (Not enclosed or Covered)OtherMaximum of 3 feet into any required side or side street yard setback but no closer than 2 feet to any property line.
    Roof EavesAllMaximum of 2 feet beyond the wall.
    Window Wells (grade level)AllMaximum of 4 feet into any required yard setback but no closer than 2 feet to the property line.
    1. Vision Obstructions At Intersections:  At the intersection of all streets and at the intersection of all private driveways with streets, excluding driveways serving individual single-family and duplex uses, sight distance triangles shall be provided as recommended in AASHTO's Green Book.* *See Section 4-2-C-2(D)*
    2. Easements: No portion of this Code shall be construed to permit placement of any permanent structures within any easement. No permanent or temporary structures, materials or uses shall be located so as to restrict access to easements or utilities by persons, businesses or corporations authorized to enter thereon.
    1. Building Separation: Building separation refers to the unobstructed, unoccupied open space between structures. Compliance with all building separation requirements imposed by the Building and Life Safety Code shall be required. *See Articles 4-D and 4-J of this Title.*
    2. Height:  Building height refers to the vertical distance between the average finished grade along the front of a building and either: a) the highest point of the coping of a flat roof; b) the highest point of a mansard roof; or c) the average height level between the eaves and ridge line of a gable, hip or gambrel roof.  In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade.  The following structures and features shall be exempt from the height requirements of this Article to the extent indicated:
      1. Roof Structures: Roof structures that are not designed or used for human occupancy, including chimneys, elevator or staircase penthouses, air conditioning equipment and other nonhabitable roof constructions defined in the Building Code* shall be exempt from the building height requirements of this Article, except where they are deemed to interfere with aerial navigation. *See Article 4-8-D of this Title.*
      2. Utility Poles: Utility poles and support structures shall be exempt from the building height requirements of this Article unless height restrictions are specifically imposed by the Governing Body.
    3. Open Space: Open space refers to the amount of horizontal land area not covered by principal buildings, accessory buildings or structures, or other substantial improvements, such as parking lots. Open space may include the following areas; provided, that they do not constitute more than 50 percent of the open space area:
      1. Outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses, or other minor structures;
      2. Driveways that do not serve more than 2 parking spaces;
      3. Improved recreational facilities with ready access on flat roofs; and
      4. That portion of the public street right of way adjacent to the site which at the ultimate expected pavement width for that classification of street will remain unpaved.

    C.   Special Property Development Regulations:

    1. Setbacks: In addition to the property development regulations of subsection B of this Section, the following special street setback regulations shall apply to all future development and any modification or revision to existing development. The following setbacks shall be maintained from the right-of-way line to the building line of any structure and from the nearest curb line of any driveway or off-street parking area. These setbacks may only be modified in conjunction with the regulations of Section 4-1-B-27 of this Article. The additional setback requirement for parkways and Renner Boulevard shall be incorporated into any residential fence/buffer area required in Section 4-2-E-4 of this Title.
      Street TypeMinimum Setback
      Parkways50 feet
      Renner Boulevard70 feet
      Arterials25 feet
      Freeway100 feet
    2. Construction Over Subsurface Space: A geotechnical engineering study shall be required for any proposed surface development to be located over an area with subsurface space. The study shall be submitted in conjunction with application for any final plan or plat, and before construction of any public improvement. This study shall include a review of possible impacts of the proposed surface development on the subsurface space. The study shall also provide a detailed analysis of the structural stability of subsurface spaces located below any significant surface structures, as determined by the Building Codes Administrator, including streets and parking lots. The subsurface space area of study shall include not only those portions of the subsurface space located directly below the proposed surface structure but also an additional area radiating out a distance of at least 150 feet. If needed, subsurface cross-access agreements shall also be required for future subsurface geotechnical reviews. The Building Codes Administrator may modify the following requirements for those surface parcels located directly over existing BP-S zoned occupied mines.
      1. Geotechnical Engineering Study Required: An engineer, registered to practice in the State of Kansas, with competence in the field, and selected by the project's developer, shall prepare a report reviewing the structural integrity of the mine. The developer may select the consulting firm, with approval from the Building Codes Administrator, provided that adequate information is submitted concerning:
        1. The consulting or sub-consulting firms previous experience with mine stability investigations;
        2. The consulting or sub-consulting firms geological, geological engineering, geotechnical engineering, rock or mining engineering expertise; and
        3. Client contact listing of similar projects. Once selected, the engineering firm shall submit the following information in the form of a geotechnical report to the Building Codes Administrator for review:
          1. Surveys:
            1. Surface Survey: A boundary survey of the surface of the proposed surface development at a scale of 1" - 100' (unless otherwise approved), tied to existing section corners, with USGS Sea Level datum contours at 2 foot intervals.
            2. Subsurface Survey: A mine survey tying surface coordinate grid to subsurface space coordinate grid. This survey should show locations, size, pattern and spacing of pillars, and existing portal entrances (for access purposes) with a horizontal accuracy of plus or minus 2 feet. This survey should also illustrate those areas of other mines directly adjacent (within 100 yards) to the subject tract. Floor and ceiling spot elevations shall also be made for the center of each room and a contour map of the floor surface at 6-inch contours (ignoring pillars) shall be completed for drainage purposes.
          2. Geological Information:
            1. Borings: A sufficient number of borings as needed for licensed registered engineer to determine geological profile and evaluate structural integrity of the geologic materials between the surface and five feet below the mine floor.
            2. Profile Section Cuts: Vertical profile of rock and overburden from five feet below the mine floor to the ground surface, labeling and giving the depth of each successive geological layer. Show the elevation of the ground surface, mine floor, and roof at each boring location. These vertical profiles need to be provided in a grid pattern sufficient to give a clear picture of the entire area proposed for development. The vertical profile locations need to be shown on a plan of the total area and labeled for reference.
            3. Roof Beam Thickness: Provision of isopach map illustrating roof beam thickness.
            4. Overburden Thickness: Provision of isopach map illustrating overburden thickness.
            5. Floor Material: In a short narrative format indicate floor material and composition thickness to a minimum depth of five feet, as well as strength and other relevant properties.
          3. Geotechnical Evaluations:
            1. Surface Impacts: Review of proposed surface grading, construction and uses for possible adverse effects on subsurface space, including, but not limited to:
              1. Surface Storage: Use of underground or surface storage tanks/facilities including those containing flammable or hazardous substances, and/or any proposed stockpiling of materials.
              2. Utilities: Placement of underground utilities, such as sewers, and location of subsurface space surface utility easements, if any.
              3. Water: Construction of surface storm drainage and water features such as detention/retention areas, lakes, swimming pools and areas to be irrigated.
              4. Grading: Significant grading (cut and fill) on the surface.
              5. Portal Entrances: Vehicular accessibility of subsurface space portals.
            2. Subsurface Structural Calculations: Submittal of all needed structural calculations including; determine original compressive stress loading of the rock layer prior to the mining operation; the projected loading to the support pillars; a complete analysis of the loading patterns and support capability of the pillars, rock mantel and floor of the mine given the proposed surface development; and the long term effects of any unfavorable geologic conditions, weathering and/or swelling and groundwater.
            3. Subsurface Structural Inspection: A room-by-room inspection of the subsurface space shall be undertaken. Narrative from the inspection should indicate such things as; the surface condition of the roof mantel, with detailed descriptions of any observed cracking, sloughing, movement, water infiltration, chipping or other deterioration in the floor, ceiling or pillars. Show and describe any evidence of water infiltration. (Videotape and/or pictures are required for problem areas.)
            4. Surface and Subsurface Evaluation and Conclusions with Recommended Modifications, if any: Submittal of geotechnical evaluation and conclusions with any proposed modifications/remediation.
          4. Consultant Certification of Structural Adequacy: The following certification is required from the developer's geotechnical consultant:
            I have personally observed the subsurface space described as: _______________________________. I have personally supervised and reviewed the computations of data and supportive information; required on-site room-by-room inspections were completed. I have also completed the calculations, analysis, recommendations and conclusions as set forth in the "Geotechnical Engineering Studies" of this Section. My recommendations have been implemented and I have inspected the work. As a professional engineer, registered to practice in the State of Kansas, I hereby certify, to the best of my professional judgment, that there is no visible evidence of structural integrity problems in the areas outlined in the attached survey.
            Name:
            Registration No.:

            Signature:
            Date:
          5. Review by Outside Consulting Firm: The Building Codes Administrator shall select another consulting firm as outlined in the "Geotechnical Engineering Studies" Section above. This outside consultant shall review the submittals, reports and recommendations of the first consultant and also conduct a surface/subsurface inspection of the subject area. The outside consulting firm shall then make recommendations as to the adequacy of the initial report submittals and recommendations. The cost of this independent review shall be borne by the developer.
          6. Annual Certifications and Reviews: To be submitted to the Building Codes Administrator:

            Geotechnical Engineering Inspections: A room-by-room visual inspection of all portions of the subsurface space surveyed in the original study shall be undertaken each year by the project's approved geotechnical consultant. An inspection report shall be submitted which should indicate such things as: the surface condition of the roof mantel, with detailed descriptions of any observed cracking, sloughing, movement, water infiltration, chipping or other deterioration in the floor, ceiling or pillars. Any water infiltration problems should be described in detail. (Videotape and/or pictures are required for problem areas.) Additional inspection techniques, common to the industry (convergence measurements, crack monitoring devices, etc.), shall be performed as needed. The consulting engineer shall review all inspection data, field verify potential problem areas, make recommendations, if needed, and complete the following certification:
            I have personally observed the subsurface space described as . I have personally supervised and reviewed any monitoring data and supportive information; required on-site room-by-room inspections were completed. I have also completed the analysis, recommendations and conclusions as set forth in the "Geotechnical Engineering Studies" of this Section. My recommendations have been implemented and I have inspected the work. As a professional engineer, registered to practice in the State of Kansas, I hereby certify, to the best of my professional judgment, that there is no visible evidence of structural integrity problems in the areas outlined in the attached survey.
            Name:
            Registration No.:

            Signature:
            Date:

          D.    Property Development Regulations For Nonresidential Uses In Residential Districts: Unless otherwise provided in  this Article, all permitted or approved nonresidential uses, in residential zoning districts (excluding permitted accessory structures) shall follow the minimum property development regulations set forth in subsection A of this Section as listed for the CP-O, Planned General Office District.

          E.   Other Buildings, Structures And Appurtenances: Any building, structure or appurtenance not subject to other setback requirements, except fences and walls, shall maintain a setback of at least 2 feet from all property lines.

    1. Modification of Open Space, Density and Setback Calculations: Property owners which dedicate land to the City or other City approved public trust to further the City’s goals and objectives for riparian corridor protection or for other City approved watershed purposes shall be permitted to use the land so dedicated to apply to the requirements set forth herein regarding open space and setback calculations on the remaining adjacent property from which such dedication was made. Such dedications may also be used for density calculations on the remaining adjacent property, subject to the provisions of Section 4-1-B-27G(4)(e), provided that the remaining adjacent area from which the dedication was made remains under single ownership.
      1. All such dedications made pursuant to negotiated settlement under threat of condemnation, or acquired by eminent domain, shall be subject to the following requirements:
        1. The land to be dedicated must be located within the designated stream setback or be within an area designated by the City for watershed improvements, including but not limited to the construction of retention or detention areas, wetlands, mitigation areas or associated appurtenances. The determination of whether or not the proposed dedication meets the City's watershed purposes and therefore whether or not to accept the dedication is the sole decision of the City Council, upon recommendation of Community Development Director.
        2. The dedication shall be in fee simple by special warranty deed.
        3. Nothing herein shall be construed to permit the construction or installation of any developer improvements on the dedicated land.
      2. All such dedications made at the request of the property owner shall be subject to the following requirements:
        1. The land to be dedicated must be located within the designated stream setback or be within an area designated by the City for watershed improvements, including but not limited to the construction of retention or detention areas, wetlands, mitigation areas or associated appurtenances. The determination of whether or not the proposed dedication meets the City’s watershed purposes and therefore whether or not to accept the dedication is the sole decision of the City Council, upon recommendation of Community Development Director.
        2. The dedication shall be in fee simple by special warranty deed and at no cost to the City.
        3. Nothing herein shall be construed to permit the construction or installation of any developer improvements on the dedicated land.

    Effective on: 1/1/1901

    Section 4-1-B-27 PLANNED DEVELOPMENT REGULATIONS.

  • Applicability: The provisions of this Section shall apply to all planned districts unless otherwise noted.
  • Conflicting Provisions: In the case of conflict between the planned development regulations of this Section and the other standards or other requirements of this Article, the provisions of this Section shall control for all districts except the CC, Planned City Center District, and PMU, Planned Mixed Use District, where the specific regulations of that district shall control.
  • Previously Approved Planned Developments: Any project lawfully approved as a planned development under previous regulations of the Lenexa City Code shall be considered to be conforming and complying with the regulations of this Chapter under their original conditions, as may have been amended. Any alterations or amendments to such projects shall be subject to the standards and procedures set forth in this Title.
  • Comprehensive Plan Consistency Required: No planned development shall be approved unless it complies with the purpose and intent set forth in the Comprehensive Plan.
  • Relationship To Subdivision Regulations: A final plan for proposed development in the planned districts shall include the final plat required by Section 4-2-B-12 of this Title. The standards of Article 4-2-C of this Title (Subdivision Design Standards) shall apply in the review and approval or disapproval of the final plan.
  • Uses Allowed: The uses allowed in any planned district shall be those set forth in the zoning district sections of this Article (Section 4-1-B-5 through Section 4-1-B-21, Section 4-1-B-28, Section 4-1-B-29). The Governing Body shall, however, have the authority to prohibit certain uses otherwise allowed in planned districts as a condition of preliminary or final development plan approval if such prohibition is found to be in the interest of the public health, safety or general welfare.
  • Compliance With Other Applicable Development Standards:
    1. Performance Standards: All of the environmental and operational performance standards of Section 4-1-C-4 and Section 4-1-C-5 of this Chapter shall apply to planned developments.
    2. Landscaping And Buffering: All planned developments shall comply with the landscaping, buffering and tree protection standards of Section 4-1-D-2 of this Chapter (Landscape, Buffering and Site Design).
    3. Parking, Loading And Access: All planned developments shall be subject to the provisions of Section 4-1-D-1 of this Chapter (Off-Street Parking and Loading).
    4. Property Development Regulations: Property development regulations governing setbacks, lot/district sizes, height, density, lot width and open space shall be governed by the regulations set forth in the zoning district regulations of Section 4-1-B-5 through Section 4-1-B-21, Section 4-1-B-28-; Section 4-1-B-29 of this Article. The Planning Commission shall, however, have the authority to approve the following specific deviations from the minimum standards where there is ample evidence that such deviations will not adversely affect neighboring properties and surrounding areas and where such deviations do not constitute the granting of a privilege that would not be universally appropriate for other similarly designed and situated developments. Where no minimum standards are specified in the zoning district regulations, the Planning Commission shall have the authority to impose standards and conditions deemed necessary to advance the purpose and intent of this Section and Chapter. In addition, the following deviations may be permitted provided the deviation addresses 1 or more of the following development issues: protects environmentally sensitive areas (including unusual topography); fosters natural storm water treatment; protects existing vegetation and important views and vistas to and from the site; enhances a project's architectural diversity, scale, form and proportion; or encourages creative streetscape design, including the use of high quality screening walls, increased buffering and landscape material size and quantity, pedestrian amenities, etc.
      1. Setbacks: The following setback deviations may be permitted in compliance with above regulations:
        1. Building and parking setbacks from street rights-of-way and other property lines may be reduced by up to 50 percent of the otherwise applicable requirement.
        2. Side yards between buildings may be reduced to 0; provided, that agreements and easements for proper maintenance are provided.
        3. Reduction of setbacks shall be compensated by additional open space in other areas of the development, increased landscaping to mitigate the impact of a reduced setback or other improvements to open space areas.
      2. District And Lot Size: The minimum district size may be reduced by up to 50 percent. However, where deemed appropriate, the Planning Commission may grant a greater reduction in the Rural Estate District if the proposed development is adjacent to an existing Rural Estate District and would be compatible and complementary to the existing district.
      3. Lot Width: The minimum lot width may be reduced by up to 50 percent of the otherwise applicable requirement.
      4. Height: Maximum building heights may be increased by up to 35 percent. Fence and wall height may be increased 20 percent in accordance with Section 4-1-B-24-F-5 of this Article.
      5. Density: The density of individual portions of a planned development may be increased above the maximum density standard for the district; provided, that the overall density of the development does not exceed the maximum density standard that applies to the district. In determining whether to vary the density requirements for individual portions of planned developments, the Governing Body shall consider:
        1. The amount, location and proposed use of open space;
        2. The location and physical characteristics of the proposed development and surrounding uses; and
        3. The location, type and design of dwelling units.
      6. Other Property Development Regulations: The Planning Commission shall have the authority to approve other deviations from the property development standards only if it is determined that all of the following conditions are met:
        1. That the deviation requested arises from a condition that is unique to the subject property, is not ordinarily found in the same zoning district and has not been created by the action of the landowner or applicant.
        2. That the granting of the deviation will not adversely affect the rights of adjacent landowners or residents.
        3. That the strict application of the requirements of this Chapter would constitute an unnecessary hardship upon the landowner represented in the application.
        4. That the deviation requested will not adversely affect the public health, safety or general welfare.
        5. That the deviation will not conflict with the purpose and intent of this Code.
  • Neighborhood Relationship: A planned development shall be harmonious and not conflict with surrounding neighborhoods. It shall be planned, designed and constructed so as to avoid undue traffic congestion in the surrounding area and provide a compatible land-use relationship with the surrounding area, making use of landscaping, screening, open space and the placement of buildings where appropriate in accordance with accepted land-use planning and design principles.
  • Architectural Compatibility: Architectural features deemed essential to ensure compatibility with surrounding properties shall be incorporated into all planned developments.
  • Preservation Of Natural Features: Mature trees, vegetative cover, watercourses and other natural site features shall be preserved to the greatest extent possible. Abrupt changes in natural slope shall be avoided. Preservation shall be directed toward:
    1. Enhancing the quality of new development;
    2. Protecting the natural environment;
    3. Providing buffering between new development and surrounding properties;
    4. Preserving the character of existing neighborhoods;
    5. Handling of stormwater flows in natural channels;
    6. Maintaining existing vegetation along stream corridors as water quality filters; and
    7. Maintaining upland forest areas.
  • Unified Control: No application for a planned development shall be accepted or approved unless all of the property included in the application is under unified control.
  • Development Phasing: The expeditious construction of any planned development authorized under these provisions shall be undertaken to assure full completion of the development in accordance with the adopted preliminary and final plan.
    1. Staging Of Development: At the time of preliminary development plan approval, the Governing Body may require, or the applicant may propose, that a phasing plan be submitted, in which case, the following standards shall apply:
      1. Each phase shall be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. Each completed phase shall comply with all applicable standards. The infrastructure, as installed, shall be sufficient to accommodate each phase of the development.
      2. In residential planned districts, the approved ratio of common open space to residential units shall be in relative balance at all phases of construction.
      3. In any planned development containing both residential and commercial uses, the approved ratio of commercial gross floor area to residential units shall be in relative balance at all phases of construction.
      4. Transition buffers shall be part of the first phase of development unless otherwise approved by the Governing Body.
    2. Change Of Conditions: The Governing Body may, from time to time, review approved development plans to determine if conditions have changed sufficiently to merit their cancellation. If the Governing Body finds sufficient grounds for reconsideration, the Governing Body may revoke the approved development plan.
  • Adequate Public Facilities: No planned development shall be approved by the Governing Body until adequate public facilities are provided to serve the proposed development, pursuant to the following provisions:
    1. Capital Improvement Program: When a development is approved based on the provision of adequate public facilities, the facilities shall be part of the adopted capital improvement budget and program, reflecting proper timing with development completion. Such facilities may be physically located outside the boundaries of the development itself.
    2. Required Dedication And Improvements: The Governing Body may require that suitable areas for streets, schools, parks and other public areas be set aside, improved or dedicated for public use. The Governing Body may approve a reduction in street right-of-way or pavement width of up to 10 percent from otherwise applicable requirements.
    3. Drainage: All development shall be adequately served by storm drainage and water and wastewater facilities. Facilities shall be adequate at the time of development completion or, if such development is phased, at the time each phase is completed.
    4. Utilities: All development shall be adequately served by utilities. Facilities shall be adequate at the time of development completion or, if such development is phased, at the time each phase is completed.
    5. Streets: (Rep. Ord. 4749, 5/20/2005)
  • Common Open Space: A minimum of 3 percent of the gross area of every residential planned development containing 10 or more dwelling units shall be devoted to common open space for the use and enjoyment of the residents. The following areas qualify wholly or partially as common open space:
    1. Major Recreation Areas: The total area included within an improved recreation area may be counted as common open space; provided, that it is at least 20,000 square feet in size and is linked to all dwelling units within the planned development by a continuous pedestrian circulation system of sidewalks or trails. A golf course may be used to satisfy a maximum of 50 percent of the common open space requirement.
    2. Mini-Parks: The total area contained in mini-parks that have a minimum dimension of 10,000 square feet and that include benches, playground apparatus, barbecue pits, fire rings or other approved recreational amenities may be counted as common open space.
    3. Recreational Buildings: The area occupied by a multiple-use recreation building and its attendant outdoor recreation facilities, excluding a golf course, may be counted as common open space.
    4. Pedestrian Open Space System: The total area contained in a continuous open space pedestrian system, not less than 10 feet wide, consisting of permanently maintained walks and trails leading to a natural amenity, recreation facility or commercial use, offering intradevelopment circulation that is separate and apart from roads and streets may be counted as common open space.
    5. Environmental Features: If natural habitats of significant value or environmentally sensitive areas are determined to exist, the Governing Body may require the area so defined to be left in an undisturbed state and adequately protected or incorporated into the design of the planned development as a passive recreation area with a minimum of improvements permitted. In either case, the total area contained therein may be counted as common open space.
  • Maintenance Of Common Open Space: Any common open space established by an adopted final development plan for a planned development shall be subject to the following requirements:
    1. Responsibility: The landowner shall establish an organization for ownership and maintenance of common open space, and that organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the common open space to the City. The conditions of any transfer shall conform to the adopted final development plan.
    2. Failure To Maintain: In the event that the organization established to own and maintain common open space shall fail to maintain the common open space in reasonable condition, the Community Development Director shall serve written notice upon such organization defining the maintenance deficiencies. If such deficiencies of maintenance are not corrected after 30 days, the Community Development Director shall call upon any public or private agency to maintain the common open space. In such cases, the City shall annually notify the County Clerk's office of the costs of such maintenance, and the County shall assess the costs proportionally against all properties within the planned development that have the right of use of the common open space.
  • Zoning Permits: No building or other development permits shall be issued for a planned development until approval of the final plan. All permits shall comply with the stipulations of the final plan.
  • Zoning Actions Initiated By The City: The City may take action to rezone properties to a planned district. Such action is not required to be accompanied by a plan, but such action shall not relieve the property owner from obtaining necessary plan approval prior to development.
  • Effective on: 1/1/1901

    Section 4-1-B-28 CC, PLANNED CITY CENTER DISTRICT.

  • Purposes: The Planned City Center (CC) District is intended to accommodate mixed-use development in an urban environment of detailed, high quality architecture, community oriented open spaces, and pedestrian friendly streets. The District is intended to be applied to the area designated as the City Center Neighborhood as reflected in the Comprehensive Plan. Due to the unique character of the District, many of the regulations to guide development will be adopted as part of an approved development plan and/or an associated development agreement for the Project. In the event of a conflict between other City Code provisions and those set forth in this Section and the Design Guidelines (hereinafter collectively "CC Regulations"), the CC Regulations shall control.
  • Review and Approval Procedure: The review and approval procedure for the CC District shall be as outlined in Article 4-1-G and Article 4-1-H of this Chapter. Unless otherwise approved by the Governing Body, in conjunction with approval of any final plan in the CC District, a development agreement shall be adopted spelling out the specific development regulations for the project as required in this Section. The development agreement shall address issues of phasing, infrastructure improvements, design, and other details unique to the project that are necessary for successful project implementation. The development agreement and proposed plans shall adhere to the property development regulations set forth in subsection F of this Section and the Lenexa City Center Neighborhood Design Standards and Guidelines ("Design Guidelines").
  • Permitted Uses: The Comprehensive Plan, the Design Guidelines and existing City Center developments in the City Center Neighborhood shall all be used as a guide in determining the location of appropriate uses for new developments in this district. While a mixing of compatible land uses is strongly encouraged within this district, areas closer to the 87th Street Parkway and Renner Boulevard intersection shall be predominately commercial in nature while those areas further away from said intersection may be predominately residential in nature. Supplemental use regulations may be modified by an approved development plan or the associated development agreement.
    1. Residential Uses:
      Multi-family
      Single-family attached
    2. Public or Civic Uses:
      Cultural services
      Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article.
      Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article.
      Public park, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article.
      Public safety services
    3. Commercial Uses:
      Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Broadcasting studio
      Consumer repair services
      Convenience store
      Entertainment, indoor
      Fitness center
      Hotel or motel
      Laundry or dry cleaning, limited
      Laundry, self-service
      Medical or dental clinic
      Medical or dental lab
      Office
      Parking, commercial
      Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article
      Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article.

      Personal services
      Research service
      Restaurant, general
      Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article
      Retail
      Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article.
    4. Industrial Uses:
      Lab, analytical/experimental
  • Special Uses: The following uses shall be permitted in the CC District if approved in accordance with the procedures and standards of Article 4-1-G of this Chapter. Supplemental use regulations may be modified by an approved development plan or the associated development agreement.
    1. Residential Uses:
      Single-family
      Duplex
    2. Public or Civic Uses:
      Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article
      College or university
      Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article
      Club or lodge
      Hospital
      Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article
      Nursing home
      Utility
      Wireless Communication Towers, subject to the supplementary use regulations of Section 4-1-B-23-AE
    3. Commercial Uses:
      Amusements
      Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article, except that the setback from residential and noise provisions of such supplementary use regulations shall not apply in the CC zoning district.
      Construction sales and service, limited, subject to the supplementary use regulations of Section 4-1-B-23-T of this Article
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      Entertainment, outdoor, subject to the supplementary use regulations of Section 4-1-B-23-AD of this Article
      Funeral home, subject to the supplementary use regulations of Section 4-1-B-23-AB of this Article
      Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Maintenance services, limited
      Self-service storage, subject to the supplementary use regulations of Section 4-1-B-23-Z of this Article
      Service station, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article
      Theater, indoor
      Vocational school
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article. Specific Accessory Uses and the provisions applying thereto may be modified by an approved development plan or the associated development agreement.
  • Property Development Regulations: The Lenexa City Center Neighborhood Design Standards and Guidelines, dated April 17, 2007 and amended on June 16, 2015, prepared by the City of Lenexa in cooperation with LMN Architects, BNIM Architects and George Butler Associates ("Design Guidelines") are hereby incorporated by reference for the purpose of providing property development standards and guidelines in the CC zoning district. No less than three copies of such document shall be marked or stamped "official copy" as adopted by Ordinance No. 4935 with a copy of the Ordinance codified herein and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

    For each development project in the CC zoning district, property development regulations shall adhere to the Design Guidelines and the following standards and should be incorporated into an approved development plan and/or the associated development agreement. Deviations from the Design Guidelines and the following standards may be provided as a part of the approved development plan and/or associated development agreement.

    1. District Size: A freestanding project approved for CC zoning should be a minimum of 20 acres, in order to provide for a network of streets and civic spaces to support its uses. Projects of less than 20 acres should be designed to be complimentary of and extensions to larger CC District projects, and should be of a sufficient size and configuration to extend development to an established urban edge along a road or designed open space.
    2. Block and Street Patterns: The street pattern should be designed to promote connectivity utilizing a modified grid system with appropriate, frequent connections to adjacent developments. Streets should be appropriately sized and pedestrian oriented with wide sidewalks, on-street parking, traffic calming features, and a high-quality furnished streetscape. Unless otherwise provided in the approved development plan and/or associated development agreement, block lengths should not exceed 400 foot and lower density blocks should be divided into smaller building sites based on use.
    3. Setbacks: in general, the approved development plan and/or associated development agreement for each development project in the CC District will designate a combination of build-to lines or small maximum setbacks, resulting in little or no setback from rights-of-way or property lines to reflect the district's urban scale of development. Setback areas and build-to lines along streets should be designed to reinforce definition of public and private space, and to provide special functions relevant to the public realm such as porches and outdoor dining areas. Roof overhangs, arcades, covered entries, awnings, and balconies may encroach into public street right-of-way. Stoops may not encroach upon the public right-of-way. Unless otherwise provided in the approved development plan and/or associated development agreement, setbacks and build-to lines will be set in the following ranges:
  • Mixed use streets 0 to 15 feet
    Residential streets 5 to 20 feet
      1. Building Height: Unless otherwise provided in the approved development plan and/or associated development agreement, the minimum and maximum building height in the CC zoning district shall be as follows:
    Building Type Minimum Height Maximum Height
    Residential 20 feet 100 feet
    Retail 25 feet 45 feet
    Mixed Use and All Others 35 feet 110 feet

    Each development project should provide a variety of building heights which step down to adjacent existing or planned lower density development.

      1. Parking and Loading: The CC District is intended to foster a compact, higher-density, pedestrian environment. On-street parking should be provided on most streets, and higher intensity areas should utilize structured parking for off-street needs. Surface parking lots should be carefully placed, and landscaped and screened to maintain the pedestrian amenity of adjacent sidewalks. The appropriate mix of land uses in the CC District should provide opportunities for shared parking, and the total number of parking stalls commonly required can be reduced significantly. Parking and loading facility requirements shall be detailed in the project's approved development plan and/or associated development agreement and shall be sufficient to meet the parking and loading demands of the proposed land uses. Additional parking and loading requirements are included in the Design Guidelines or are set forth below:
        1. The loading area design standards set forth in Section 4-1-D-1-Q shall be modified in the development agreement to accommodate the specific and unique needs of this district. Modifications to the size, number, and locations of loading areas will be needed including ways to adequately address the traffic impacts of occasional on-street loading.
        2. Structured parking facilities shall be of high quality, complimentary in materials and colors to adjacent structures and varied in design. The use of liner buildings in front of parking structures along major street frontages is generally required.
        3. To ensure efficient use of parking resources, a parking demand study for the project shall be required at preliminary plan, unless otherwise approved by the Director of Community Development.
      2. Design Guidelines: As the proposed walkable civic destination for the community, design expectations in the CC District are high. The anticipated mixing of uses, inclusion of high quality materials, use of unique site layouts and dramatic building designs should all lead to a vibrant City Center for Lenexa. The Design Guidelines and the Comprehensive Plan provide standards and guidelines which shall guide the design of projects in the CC District. In addition, more specific design standards for the development shall be established in the approved plans and/or associated development agreement.
      3. Landscaping: As the intensity of land uses increases, so does the need for landscaping that exceeds the expectations of the many people expected to be living in, working in, or visiting the City Center. More than any other element, landscaping mitigates the impacts of typical urban development. Large street trees to provide shade, numerous landscaped green spaces, extensive use of planters, numerous pocket parks, appropriate screening and shading of parking, service, utility, or other areas are all addressed in the Design Guidelines and shall be included in the project's approved development plan and/or associated development agreement.
      4. Signage: A project signage scheme shall be required at final plan for CC development projects and shall identify locations and sizes of future signs, while ensuring that the signage fits the architectural character, proportions and details of the development. To promote signage creativity and address the unique urban form of the CC District, these regulations and the Design Guidelines will conflict with, in certain respects, Article 4-1-E of this Code, which contains the City's standard sign regulations. In the event of such conflict, these regulations and/or the Design Guidelines shall control. Deviations from any sign regulation may be approved as a part of the approved development Plan and/or associated development agreement.

    Effective on: 1/1/1901

    Section 4-1-B-29 PMU, PLANNED MIXED USE DISTRICT.

  • Purposes: The Planned Mixed Use (PMU) District is intended to encourage a variety of land uses in a denser, pedestrian oriented, urban-like environment than would be possible with traditional planned zoning districts. The District promotes building and public open space design that creates a distinctive and memorable sense of place thereby adding to a greater sense of community. Developments in this district are allowed and expected to have a mixture of residential, office and retail uses, along with public spaces, entertainment uses and other specialty facilities that are compatible in both character and function. Developments are encouraged to incorporate structured parking and are expected to utilize on-street parking and other shared parking facilities. Such facilities should be linked to multiple buildings and adjacent development by an attractive pedestrian network, which places a higher emphasis on the quality of the pedestrian experience than is generally found in other single-use zoning districts. Buildings are expected to be principally multi-story structures with differing uses organized both vertically and horizontally. The PMU District is intended to be applied in areas outside of the City Center Neighborhood and designated for mixed-use, commercial or higher density residential uses as reflected in the Comprehensive Plan's Future Land Use Map. Provided that public facilities and services are adequate, it is anticipated this District will be used for both undeveloped parcels and appropriate in-fill sites and may serve as a transition between residential and non-residential uses with stepping down of intensity, appropriate buffering and other design techniques employed to avoid incompatibilities with surrounding single-use districts. In the event of a conflict between other City Code provisions and those set forth in this Section, the provisions of this Section shall control.
  • Review and Approval Procedure: The review and approval procedure for the PMU District shall be as outlined in Article 4-1-G and Article 4-1-H of this Chapter. Unless otherwise approved by the Governing Body, in conjunction with approval of any final plan in the PMU District, a development agreement shall be adopted which defines the specific development regulations for the project as required in this Section. The development agreement shall address issues of phasing, infrastructure improvements, design, and other details unique to the project that are necessary for successful project implementation. The development agreement and proposed plans shall adhere to the property development regulations set forth in subsection F of this Section and use the Lenexa City Center Neighborhood Design Standards and Guidelines, or other City adopted design guidelines for particular areas or corridors of the City as a guide for individual design guidelines for each PMU development.
  • Permitted Uses: The Comprehensive Plan, the Design Guidelines as contained in the Development Agreement and other existing mixed-use developments shall all be used as a guide for determining the location of appropriate uses for new development in this district. While a mixing of compatible land uses is strongly encouraged within this district, areas closer to major roadway intersections shall generally be denser and predominantly commercial in nature while those areas further away from said roadways and intersections shall be less dense and more residentially oriented. No building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, moved, or altered, except for one or more of the following uses, subject to the provisions of subsection F below:
    1. Residential Uses:
      1. Single family, attached;
      2. Multi-family
    2. Public and Civic Uses:
      1. Cultural services;
      2. Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article;
      3. Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article;
      4. Public parks, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      5. Public safety services
    3. Commercial Uses:
      1. Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article;
      2. Broadcasting studios;
      3. Consumer repair services;
      4. Convenience store;
      5. Fitness center;
      6. Gasoline sales, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      7. Laundry, self-service;
      8. Laundry or dry cleaning, limited;
      9. Medical or dental clinic
      10. Medical and dental lab;
      11. Office;
      12. Parking, commercial;
      13. Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article;
      14. Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article;
      15. Personal services;
      16. Research service;
      17. Restaurant, general;
      18. Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article;
      19. Retail;
      20. Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
    4. Industrial Uses: Lab, analytical/experimental.
  • Special Uses: The following uses shall be permitted in the PMU District if approved in accordance with the procedures and standards of Article 4-1-G of this Chapter. The supplemental use regulations for a specific use may be modified by an approved development plan or the associated development agreement.
    1. Residential Uses:
      1. Single family;
      2. Duplex
    2. Public and Civic Uses:
      1. Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article;
      2. Club or lodge;
      3. College or university;
      4. Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23 of this Article;
      5. Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article;
      6. Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article;
      7. Nursing home;
      8. School, elementary and secondary, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article;
      9. Utility;
      10. Wireless Communication Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE
    3. Commercial Uses;
      1. Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      2. Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      3. Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      4. Drinking establishments, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      5. Entertainment, indoor;
      6. Funeral home, subject to the supplementary use regulations of Section 4-1-B-23-AB of this Article;
      7. Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      8. Hotel or motel
      9. Maintenance services, limited
      10. Vocational school
  • Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article. Specific Accessory Uses and the regulations applicable thereto may be modified by an approved development plan or the associated development agreement.
  • Property Development Regulations: For each development project in the PMU zoning district, property development regulations shall adhere to these regulations and the following standards should be incorporated into an approved development plan and/or the associated development agreement. Deviations from these standards may be provided as a part of the approved development plan and/or associated development agreement.
    1. District Size: The minimum acreage in the PMU zoning district shall be 10 acres. The maximum acreage for this district shall be 30 acres.
    2. Building Height: Unless otherwise provided in the approved development plan and/or associated development agreement, the minimum and maximum building height in the PMU zoning district shall be as follows:
  • Building Type Minimum
    Height
    Maximum
    Height
    Residential 20 feet 45 feet
    Retail 25 feet 45 feet
    Mixed Use and All Others 30 feet 75 feet
    Parking Structures 15 feet 45 feet
    Each development project should provide a variety of building heights which step down to adjacent existing or planned lower density development.
      1. Setbacks: In general, the approved development plan and/or associated development agreement for each development project in the PMU District will designate a combination of build-to lines and/or setbacks. Generally building and parking setbacks from streets should be significantly less than single-use districts reflecting the more urban, pedestrian scale of development. Setback areas and build-to lines along streets should be designed to reinforce definition of public and private space, and to provide special functions relevant to the public realm such as porches and outdoor dining areas. Roof overhangs, arcades, covered entries, awnings, and balconies may encroach into public street right of way. Stoops and building footings may not encroach upon the public right of way. Setbacks should be varied to appropriately transition back into adjoining development.
      2. Parking and Loading: The PMU District is intended to foster a compact, higher-density, pedestrian environment. On-street parking should be provided on most streets, and higher density projects are encouraged to incorporate structured parking. Surface parking lots should be carefully placed to the rear or sides of buildings and landscaped and screened to maintain the pedestrian amenity of adjacent sidewalks. The appropriate mix of land uses in the PMU District should provide opportunities for shared parking, and the total number of parking stalls commonly required for each use can be reduced significantly. Parking and loading facility requirements shall be detailed in the project's approved development plan and/or associated development agreement and shall be sufficient to meet the parking and loading demands of the proposed land uses. Additional requirements are set forth below:
        1. To ensure efficient use of parking resources, a parking demand study for the project shall be required at preliminary plan, unless otherwise approved by the Director of Community Development. This parking study shall be completed by a firm with expertise in parking demand studies. This study shall utilize the most current version of the Urban Land Institute ("ULI") shared parking model or other model as approved by the Director of Community Development.
        2. Structured parking facilities shall be of high quality, complimentary in materials and colors to adjacent structures and varied in design. The use of liner buildings in front of parking structures along major street frontages is generally required.
        3. The loading area design standards set forth in Section 4-1-D-1-Q may be modified in the development agreement to accommodate the specific and unique needs of this district. Modifications to the size, number, and locations of loading areas will be needed including ways to adequately address the traffic impacts of occasional on-street loading.
      3. Public Open Space: Every development shall provide usable, well designed, public open spaces in an amount at least equal to 2% of the developments total building square footage.
      4. Block and Street Patterns: The street pattern should be designed to promote connectivity utilizing a modified grid system with appropriate, frequent connections to adjacent developments. Streets should be appropriately sized and pedestrian oriented with wide sidewalks, on-street parking, traffic calming features, and a high-quality furnished streetscape. Unless otherwise provided in the approved development plan and/or associated development agreement, block lengths should not exceed 400 feet and lower density blocks should be divided into smaller building sites based on use.
      5. Landscaping: The landscaping design standards set forth in Section 4-1-D-2 may be modified appropriately in the development plan or the associated development agreement to meet the intent of the PMU district. As the intensity of land uses increases, the need for landscaping increases to meet the expectations of the many people expected to be living in, working in, or visiting the development. More than any other element, landscaping mitigates the impacts of typical urban development. Large street trees to provide shade, numerous landscaped green spaces, extensive use of planters, numerous pocket parks, appropriate screening and shading of parking, service, utility, or other areas shall be included in the approved development plan and/or associated development agreement.
      6. Signage: Signage shall be allowed in accordance with the standards of Article 4-1-E.

    Effective on: 1/1/1901

    [

    [Use Table -- Residential and Public or Civic Uses]

    P = Permitted, S = Special Permit Use

     

    USE REGULATIONS SCHEDULE
     Zoning Districts 
       Planned Nonresidential Supp
    Regs
     Single-FamilyPlanned ResidentialOfficeCommercialBus Pk   
    Use TypeA
    G
    R
    E
    R
    P
    E
    R
    1
    R
    P
    1
    R
    P
    2
    R
    P
    3
    R
    P
    4
    R
    P
    5
    N
    P
    O
    C
    P
    O
    C
    P
    1
    C
    P
    2
    C
    P
    3
    C
    P
    4
    H
    B
    D
    B
    P
    1
    B
    P
    2
    B
    P
    S
    C
    C
    P
    M
    U
     
    Residential uses
    Single-familyPPPPPPPPP      P   SS23M
    Duplex     PPPP          SS 
    Multi-family     PPPP      P   PP23M
    Manufactured homePPPPPPPPP             
    Mobile home parkS                    23Q
    Public or civic uses
    Aviation field or airportS             S SS   23C
    CemeteryP  SS    SS          23R
    Church or place of worshipPPPPPSSSPPPPPPPSSSSSS23R
    Club or lodgeS        SPSPPPSPP SS 
    College or university          S PPP PPSSS 
    Correctional facilityS                S    
    Cultural servicesSSSSS    SPPPPPSPPSPP 
    Daycare, limitedPPPPPPPPPPPPPPPPPP PP23E
    Daycare, generalSSSSSSSSSSPPPPPPPP PP23E
    Daycare, commercial         SSPPPPSPP SS23E
    Group home, limitedPPPPPPPPP             
    Group home, general     SSSS S           
    Homeless Shelter            SSS      23AK
    Hospital          SSSSP PP SS23AJ
    Large WECSSSSSSSSSSSSSSSSSSS SS23AI
    Nursing home       PPSS        SS 
    Public parkPPPPPPPPPPPPPPPPPP PP23X
    Public safety servicesSSSSSSSSSSPSPPPPPPPPP 
    School, elementary and secondary   SS     P         S23R
    UtilitySSSSSSSSSSSSSSSSSSSSS 
    Wind FarmS               SS   23AI
    Wireless Communica-tions TowerSSSSSSSSSSSSSSSSSS SS23AE

     

     

     

    Effective on: 1/1/1901

    [

    [Use Table -- Commercial Uses]

    P = Permitted, S = Special Permit Use

    USE REGULATIONS SCHEDULE
     Zoning Districts 
         Planned Nonresidential Supp Regs
     Single-FamilyPlanned ResidentialOfficeCommercialBus Pk   
    Use TypeA
    G
    R
    E
    R
    P
    E
    R
    1
    R
    P
    1
    R
    P
    2
    R
    P
    3
    R
    P
    4
    R
    P
    5
    N
    P
    O
    C
    P
    O
    C
    P
    1
    C
    P
    2
    C
    P
    3
    C
    P
    4
    H
    B
    D
    B
    P
    1
    B
    P
    2
    B
    P
    S
    C
    C
    P
    M
    U
     
    Commercial uses
    Adult business establishments                 P   23B
    Amusements             SP    S  
    Arcade, commercial            SPPS   PS23D
    Auction services, general              P  S   23AG
    Auction services, limited           SSS  S    23AG
    Auto service, limited            PPPS   SS23S
    Banking services          PPPPPP   PP23U
    Bar or nightclub           SSPPS   SS23D
    Broadcasting studio              P PPPPP 
    CampgroundS                     
    Car wash            PPP      23S
    Commercial use of residential propertyS  S                 23Y
    Construction sales and service, general              P  P   23T
    Construction sales and service, limited             PP    S 23T
    Consumer repair services           PPPPPPP PP 
    Convenience store           PPPP    PP 
    Drinking establishment           PPPPP   SS23D
    Entertainment, indoor           PPPPP   PS23D
    Entertainment, outdoorS           SSP    S 23AD
    Fish pond, commercialS                     
    Fitness center          SSPPPSSPSPP 
    Funeral home          S PPP    SS23AB
    Garden center           PPPP       
    Gasoline sales, limited           P        P23S
    Gasoline sales, general           SPPP    SS23S
    Golf course PPPPPPPP            23X
    Gun club or shooting rangeS                     
    Hotel or motel            SPP     PS 
    Industrial and business equipment and supplies              PPPPP   
    Kennel, commercialPSS           P  P   23F and AB
    Laundry or dry cleaning, dry cleaning, limited         SSPPPP    PP 
    Laundry, self-service            PPP    PP 
    Maintenance servicesS             P  P    
    Maintenance
    services, limited
    S               P  SS 
    Medical or dental clinic         SPPPPPP P SPP 
    Medical or dental lab         SPPPPPPPP PP 
    Nursery, general              P       
    Nursery, wholesaleP                    23X
    Office         PPPPPPPPPPPP 
    Parking, commercial            SSP SS PP 
    Parking lot, storage                  S   
    Pawnbroker             SP      23AF
    Pay Day loan business             SP      23AF
    Personal instruction, limited         PPPPPPPPP PP23AH
    Personal instruction, general         SSPPPPPSS PP23AC
    Personal services         SSPPPPP   PP 
    Produce standP                    23V
    Research service                PPPP 
    Restaurant, fast-food            PPP    PP 23U
    Restaurant, general           PPPPP   PP 
    Retail           PPPPP   PP 
    Retail/service limited, bus. park                PPS  23K
    Self-service storage         SSSSPP SPSS 23Z
    Service station            PPP    S 23S
    Stable, commercialPSS          SS      23N
    Title loan business             SP      23AF
    Theater, indoor             SS    S  
    Vehicle and equipment repair             SP  P   23S
    Vehicle and equipment sales/rental             SP  SP  23W
    Veterinary hospital P        SSPPPP S P PP23O
    Vocational school          S PPP PPSSS 


    Effective on: 1/1/1901

    [

    [Use Table -- Industrial, Agricultural, Extractive, and Underground Uses]

    P = Permitted, S = Special Permit Use

    USE REGULATIONS SCHEDULE  
     Zoning Districts 
       Planned Nonresidential Supp Regs
     Single-FamilyPlanned ResidentialOffice  Commercial  Bus Pk   
    Use Type          A
    G
    R
    E
    R
    P
    E
    R
    1
    R
    P
    1
    R P 2R P 3R P 4R P 5N P OC P OC
    P
    1
    C
    P
    2
    C
    P
    3
    C
    P
    4
    H
    B
    D
    B
    P
    1
    B
    P
    B
    P
    S
    C
    C
    P
    M
    U
     
    Industrial uses
    Basic industry                 S    
    Lab, analytical/ experimental                PPPPP 
    Laundry service             PP  P    
    Manufacturing                 PP   
    Manufacturing, limited                PPP   
    Printing and publishing              P PPP   
    Salvage yard                 S   23L
    Wholesale/ warehousing, limited              P PPP   
    Wholesale/ warehousing, general              P SPP   
    Agricultural, extractive and underground uses
    AgricultureP                 S   
    Mining and quarryingS                S   23H
    Oil or gas drillingS               SS   23J

    Effective on: 1/1/1901

    A

  • Adult Use: (Rep. by Ord. 4211, 12-1-1998)
  • Effective on: 1/1/1901

    A

  • Adult Business Establishments: Adult business establishments shall be subject to the following supplementary use standards:
    1. Location And Distance Requirements:

      1. Residential: No permit shall be granted for an adult business within 2,000 feet of residential zoned property.
      2. Schools And Parks And Religious Institutions: No permit shall be granted for any adult business establishment within 2,000 feet of any private or public school, park, childcare facility or religious institution or place of worship.
      3. Other Adult Uses: No permit may be granted for any adult business establishment within 2,000 feet of any other entertainment establishment.
      4. Facility With A Liquor License: No permit shall be granted for any adult business establishment within 1,000 feet of any business licensed to sell or serve alcoholic or cereal malt beverages, whether or not such business is also an adult business establishment.
    2. Measurement Of Distance:
      1. The distance between any adult business establishment and any religious institution, school, public park or childcare facility or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution or place of worship, private or public school, park, childcare facility or property zoned for residential use.
      2. The distance between any 2 adult business establishments or between any adult use and adult business establishment shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
    3. Other Regulations: Adult business establishments must also comply with all other regulations contained in the City Code, including, but not limited to, licensing and permitting regulations.*
      *See Title 2, Chapter 2-1 of the City Code for business licensing regulations.*
  • Effective on: 1/1/1901

    A

  • Aviation Fields Or Airports: Aviation fields, airports, landing strips and heliports not owned by the City or a hospital shall be subject to the following supplementary use standards:
    1. Airspace Analysis And Preliminary Airport License Report: All private airports, landing strips and heliports shall demonstrate that an airspace analysis has been conducted by the Federal Aviation Administration (FAA). Any alteration in ground facilities or the addition of navigation aids designed to facilitate an instrument approach capability shall require a new application if the original approval was granted for visual flying rules (VFR).
    2. Minimum Area: Heliports and helipads accessory to residential farm use shall be located on a minimum of 5 acres. Rural airplane landing strips and hangars accessory to agricultural use shall be located on a minimum of 20 acres.
    3. Setbacks: No structure or navigation aid shall be placed closer than 50 feet from the property line. In addition, there shall be a 100-foot setback between the edge of the runway surface and the property line.
    4. Building Height: No structure shall exceed the height for the district in which the use is located unless otherwise required by Federal law or State statutes.
    5. Fencing: Where deemed necessary to protect the general public, safety fences up to a height of 8 feet shall be required.
  • Effective on: 1/1/1901

    B

  • Bars, Nightclubs, Drinking Establishments, Indoor Entertainment And Commercial Arcades: Bars, nightclubs, drinking establishments, indoor entertainment and commercial arcades shall comply with the following standards:
    1. Setback From Residential: No permit shall be granted for a bar or nightclub unless the distance between the walls of the facility within which the operation is located and the nearest property used or zoned for residential purposes is greater than 200 feet.
    2. Setback From Schools: No permit shall be granted for a bar or nightclub unless the distance between the walls of the facility within which the operation is located and the nearest private or public school property is over 1,000 feet.
    3. Duration Of Permits: Where only permitted through the special use permit provisions, the initial permit may be granted for a period up to 12 months with renewals granted for up to 5 years thereafter, provided all standards of performance are being met.
    4. Noise: In no case shall the noise generated by this operation or its patrons exceed 55 dB(A) at any point along or adjacent to a residential property line.
    5. Trash Receptacles: All facilities shall provide their own enclosed trash and recycling receptacles, either inside or outside of the facility, of sufficient size to adequately and sanitarily contain all disposable trash and recyclable materials produced by the facility, subject to review and approval of the Fire Department. The management will be responsible for the policing of all trash and recyclable material associated with the operation of the facility.
    6. Outdoor Seating/Activity Areas: To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend, and the Planning Commission may approve an increase of the land use buffer factor for approved outdoor seating/activity areas.  Outdoor seating / activity areas should be oriented away from residential areas except when located within a zoning district that allows both residential and non-residential uses.
    7. Revocation Of Permits: Special use permits for these operations may be revoked at any time by the Governing Body upon determination that the standards of performance, attached stipulation, or any other City ordinance associated with the operation of these facilities is not being complied with.
    8. Licensing: All bars, nightclubs, drinking establishments and commercial arcades shall comply with applicable State and local licensing requirements.*
      *See Title 2 of the City Code.*
    9. Exceptions: The Governing Body may grant exceptions to any of the supplementary use standards of this subsection when it finds that the granting of the proposed permit without such standard(s) will not create or cause substantial damage or hardship to the nearest residentially zoned property or public or private school property or other surrounding property.
  • Effective on: 1/1/1901

    D

  • Daycare: The following supplementary use standards shall apply to daycare (limited, general and commercial) uses, as indicated (see Section 4-3-C-2 for definitions):
    1. Licensing: Daycare shall:
      1. Be licensed with the State;
      2. Obtain required permits from the Department of Community Development; and
      3. Obtain a City business license.
    2. Duration Of Permits: The initial special use permit for a general daycare located in residential or agricultural zoning districts shall be valid for a maximum of 10 years from the date of approval. All renewals of a permit may be approved for a period of up to 10 years. Special use permits for daycare located in nonresidential and nonagricultural zoning districts may be approved on a permanent basis.
    3. Number Of Employees And On-Site Residency for In-home Daycare: Limited daycare and general daycare shall have no more than 1 employee other than persons who reside on the premises. Limited daycare and general daycare providers shall reside on the premises.
    4. Outdoor Play Area: If an outdoor play area, as defined by the State, is required by the State, it shall be provided on the same lot as the daycare and not located within the required front yard setback established by the front of the structure.
    5. Revocation Of Permits: The special use permit for the operation of a limited, general or commercial daycare may be revoked at any time by the Governing Body upon a determination that it is in violation of the standards of this Section or any other City Code requirement.
    6. Accessory Uses: Daycare, preschools and Mother's Day Out programs shall be considered as accessory uses to the primary use of the property when located in religious, educational and community buildings.
    7. Landlord Consent:  Any person applying for a business license and/or a special use permit for a daycare that will take place within a residential rental property shall submit written consent signed by the owner of the rental property to the City.
    8. Traffic:  Commercial Daycare, and daycares that are considered accessory uses, may be required to submit a traffic impact study to the Transportation Manager, for review and approval.  No on-street parking of loading facilities shall be permitted in association with such activity. 
  • Effective on: 1/1/1901

    K

  • Kennel, Commercial: A commercial kennel use shall be subject to the following supplementary use standards:
    1. Limitations Of Use: A commercial kennel use shall be limited to the raising, breeding, boarding and grooming of domesticated animals such as dogs and cats. Horses and farm animals such as pigs and chickens or exotic animals such as snakes shall not be raised, bred, boarded or groomed in a commercial kennel.
    2. Minimum Lot Size: The minimum lot size shall be 1 acre unless the zoning district in which the use is located requires a larger minimum lot size, in which case, the larger minimum lot size shall apply.
    3. Frontage: The minimum required frontage on a public road to be used for the primary point of access shall be 100 feet unless the zoning district in which the use is located requires a larger street frontage, in which case, the larger minimum frontage shall apply.
    4. Setbacks: No structure or outdoor run shall be closer than 50 feet from any property line.
    5. Outdoor Runs: Outdoor runs shall be hard surfaced or grassed with drains provided as necessary and shall be connected to an approved sanitary facility. Outdoor runs shall provide a chain-link material on the walls and the top. To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend, and the Planning Commission may approve an increase of the land use buffer factor for designated outdoor run areas.
    6. Contagious Disease: No animal having a disease harmful to persons shall be boarded or maintained in a commercial kennel.
    7. Plan Approval: Preliminary and final development plans shall be approved by the City as outlined under Section 4-1-H-3 of this Chapter.
  • Effective on: 1/1/1901

    R

  • Repealed by Ordinance No. 5079.

  • Effective on: 1/1/1901

    M

  • Mining And Quarrying: Mining and quarrying activities shall be subject to the following supplementary use regulations:
    1. Performance Standards: No mine or quarry operation may exceed the performance standards of Section 4-1-C-4 of this Chapter for vibration, dust and particulate emissions, odor and toxic materials, and noise and heat.
    2. Location: Mining and quarrying operations shall comply with the following location standards:
      1. Mines or quarry operations shall have direct access to secondary or primary arterial streets capable of handling the expected highway loads of heavy truck vehicular traffic.
      2. To minimize adverse impact upon surrounding properties, all above-ground activity shall be located at least 400 feet from the lot line of any site used or zoned for residential purposes.
    3. Duration Of Special Use Permits: The initial special use permit for mining and quarrying uses may be granted for a period not to exceed 5 years. Renewals or extensions of such permits shall not exceed a period of 10 years.
    4. Revocation Of Permits: In addition to any other remedies provided for by law, the special use permit for the operation of mining and quarrying facilities may be revoked at any time by the Governing Body when a violation of any of the provisions of this Code has occurred. Prior to revocation of the special use permit, the City shall give notice to the permit holder and a hearing before the Governing Body shall be held.
  • Effective on: 1/1/1901

    M

  • Mobile Home Dwelling: In the AG District, placement of a mobile home shall be permitted on a temporary basis subject to the following standards:
    1. The mobility of the mobile home shall be maintained.
    2. A valid building permit for a single-family dwelling unit on the land shall have been approved by the Community Development Director.
    3. The temporary permit shall be valid for a period of 2 years.
    4. Requests for extensions of time beyond the initial 2-year period shall be made to the Community Development Director. In no case shall the total time exceed a maximum of 3 years for the initial approval and subsequent extension.
    5. No additions shall be permitted to the mobile home, except awnings and demountable screen panels.
  • Effective on: 1/1/1901

    O

  • Oil And Gas Drilling:
    1. Application: A special use permit application for oil or gas drilling shall be accompanied by the following information:

      1. Legal description of the property on which drilling is to occur;
      2. Proof of ownership;
      3. A plan or map of the site on which drilling is to occur and adjacent property within 400 feet. The plan or map shall be prepared at a scale of not less than 1" = 400' and shall depict the following information:
        1. All existing and proposed wells in production or abandoned and all existing and proposed storage tanks and separation tanks; and
        2. Location of all structures, buildings and fences.
    2. Criteria For Approval Of Special Use Permit: In reviewing an application for a special use permit for oil and gas drilling uses, the Planning Commission and Governing Body shall consider the following factors:
      1. The length of time for which the permit is requested in light of the projected time for development of neighboring properties;
      2. The existing and Comprehensive Plan projected land-use of the subject tract and neighboring properties; and
      3. The ability of the oil and gas drilling operation to comply with the standards of subsection J3 and J4 of this Section.
    3. Performance And Site Development Standards:
      1. The rules and regulations of the Kansas Corporation Commission shall govern the required setbacks from property lines.
      2. A storage tank, boiler, fire heater, open flame device or other source of ignition shall not be located closer that 25 feet to any oil well head; except, that engines shall be exempt from this standard.
      3. Oil wells shall not be drilled within 300 feet of any building designed for human occupancy.
      4. Oil and gas wells shall not be permitted in any location that would decrease the economic value of adjacent properties.
      5. In no case shall the provisions of this subsection be interpreted as permitting refineries or absorption plants nor shall they be interpreted as permitting storage tank farms that are not customary, incidental and subordinate to the use for which the special permit has been granted.
    4. Operational Standards: Operation of oil and gas wells shall be regulated by the Kansas State Corporation Commission with no permit issued for individual wells by the City. Copies of the following approved applications shall be submitted to the Community Development Director:
      1. Notice of intent to drill.
      2. Affidavit of production.
      3. Affidavit of completion form.
      4. Well plugging application.
      5. Well plugging record.
    5. Special Use Permit Conditions:
      1. Time Period: The initial special use permit and any renewal of a special use permit for oil and gas drilling may be granted for up to 10 years.
      2. Revocation: In addition to other remedies provided by this Code, a special use permit may be revoked by the Governing Body upon notification that the permittee has:
        1. Made material misrepresentations or false statements in the application; or
        2. The permittee has violated the provisions of this Code, State statutes, Federal law or the conditions imposed upon granting of the special use permit.
  • Effective on: 1/1/1901

    R

  • Retail And Service Limited, Business Park: The intent of this use is to allow for limited retail and service uses to serve the businesses, employees, and visitors to industrial areas and business parks, while discouraging the proliferation of general retail development in such settings. In order to assure conformance with the standards set below, all business park retail and service uses shall have preliminary plan approval from the Planning Commission and Governing Body.
    1. Site, Location And Orientation: Business park retail and service uses shall be located, scaled and oriented to serve the surrounding business areas as their primary market. The following criteria shall be used in determining the size, type, and location of these uses:

      1. Access to the target market area and vehicular access to the site itself.
      2. Proximity to other existing and proposed retail uses.
      3. Ability to protect surrounding uses from negative impacts of retail development.
    2. Design: Business park retail and service uses shall generally be located in centers or complexes of unified design, and shall incorporate the design characteristics of the adjacent or surrounding business areas. Traffic access and circulation patterns should be designed to accommodate the level of truck traffic reasonably anticipated at such a facility.
    3. Plan Approval: All limited use retail and service projects shall be reviewed and approved by the Planning Commission as part of the preliminary plan process. Approval of this limited use designation shall reflect that the submitted development plan is in keeping with the above supplementary use regulations.
  • Effective on: 1/1/1901

    S

  • Salvage Yard: Salvage yards shall be subject to the following supplementary use regulations:
    1. Screening And Enclosures: Salvage yards shall be permitted only within enclosed buildings or on sites that are completely screened from view by a landscape buffer strip with a minimum width of 50 feet and a solid wall or fence that is at least 7 feet but no more than 10 feet in height. Fences and walls used to provide screening shall be maintained in a neat, clean, safe and structurally sound condition, and materials stored within the enclosure shall not be permitted to exceed the height of the fence or wall. Fences and walls shall be painted unless constructed of masonry or rust-proof metals. No signs or advertising devices shall be placed upon fences or walls used to provide visual screening of salvage yards.
    2. Storage Of Material: Salvaged parts, vehicles and all other material on the premises of the salvage yard shall be arranged to permit reasonable inspection and access to all parts of the premises by fire, police and City authorities. In no event shall materials be stored closer than 2 feet to any fence or wall providing screening of the site.
    3. Safety:
      1. Flammable Liquids: All gasoline, oil and other flammable liquids shall be drained and removed from any vehicle (operable or inoperable) within 10 days.
      2. Other Materials: The storage of parts, equipment or any other material which creates a health or fire hazard shall be expressly prohibited. The Fire Chief shall have the authority to prohibit unsafe storage practices and shall have review and approval authority of proposed storage plans.
    4. Licensing And Registration: Salvage yards shall be licensed or registered with the State and the City.*
      *See Title 2, Chapter 2-10 of the City Code.*
  • Effective on: 1/1/1901

    S

  • Single-Family And Multi-Family Residential In HBD District: Single-family and multi-family uses shall be permitted in the HBD District if they are located above the ground floor.
  • Effective on: 1/1/1901

    S

  • Stable, Commercial: Commercial stables shall be subject to the following supplementary use regulations:
    1. Location: Commercial stables shall be allowed only on lots with a minimum area of 3 acres unless the zoning district in which the use is located requires a larger acreage, in which case, the larger minimum shall apply. No commercial stable or corral shall be located within 100 feet of any dwelling unit on another lot, within 100 feet of the front lot line or within 50 feet of any side or rear property line.
    2. Plan Approval: Preliminary and final development plans shall be approved by the City as outlined under Section 4-1-H-3 of this Chapter.
  • Effective on: 1/1/1901

    V

  • Veterinary Hospital: Veterinary hospitals shall be subject to the following supplementary use regulations:
    1. Types Of Animals: A veterinary hospital in the NP-O, CP-O, CP-1, CP-2, CC and PMU zoning districts shall be limited to treatment of small domestic animals such as dogs and cats.
    2. Outdoor Runs: Outdoor runs shall not be permitted as an accessory use to a veterinary hospital in any zoning district except AG.  Where outdoor runs are permitted, they shall:
      1. Not be located in the front yard; and
      2. Be located a minimum of 50 feet from any property line, unless the zoning district in which the use is located required a greater setback, in which case, the larger minimum should apply; and
      3. Be hard surfaced or grassed with drains provided, as necessary, and connected to an approved sanitary facility; and
      4. Be allowed only on lots with a minimum area of 3 acres unless the zoning district in which the use is located requires a larger acreage, in which case, the larger minimum shall apply.
  • The Planning Commission may approve an increase of the land use buffer factor for designated outdoor run areas.

    1. On-site Dwelling Units: In any district that allows Veterinary Hospitals, either by-right or with a Special Use Permit, subject to approval of a Special Use Permit, one on-site dwelling unit may be permitted in relation to the Veterinary Hospital.  The on-site dwelling unit shall only be allowed in conjunction with a veterinary hospital providing overnight medical care for animals.  The following items shall be considered as part of the Special Use Permit review:
      1. On-site dwelling units shall be limited to one dwelling unit per veterinary hospital and/or property.
      2. The dwelling unit shall meet all applicable codes.
      3. The dwelling unit shall be located within the principle structure on the property.
      4. The dwelling unit shall be an accessory use to the veterinary hospital.
      5. The dwelling unit shall only be occupied by the owner or an employee of the veterinary hospital.The dwelling unit may only be used as a rental unit in the case of when the occupant is an employee of the veterinary hospital.
      6. When a veterinary hospital is located in a multi-tenant building, on-site dwelling units shall not be allowed.  In addition, on-site dwelling units shall not be allowed when the business owner is not the property owner.

    Effective on: 1/1/1901

    U

  • Underground Uses: (Rep. Ord. 3914, 5/18/1995)
  • Effective on: 1/1/1901

    M

  • Mobile Home Parks: Mobile home parks shall be subject to the following supplementary use regulations:
    1. Development Regulations:

  • FeatureRegulations
    Minimum park size40 acres
    Minimum lot size4,000 square feet
    Minimum lot width40 feet, single wide/50 feet double wide
    Minimum lot depth100 feet
    Minimum exterior street setback30 feet
    Minimum internal street setback20 feet from property/easement line or 40 feet from center line, whichever is greater
    Minimum peripheral, nonstreet setbacks20 feet
    Maximum height35 feet
    Minimum open space60 percent
      1. Minimum Separation Requirements: All mobile homes shall be located so as to maintain a clearance of not less than 20 feet from another mobile home or appurtenance thereto. No mobile home shall be located closer than 20 feet from any principal building within the park or 3 feet from any accessory building. Accessory buildings shall be located so as to comply with Section 4-1-B-24 of this Article, Accessory Uses And Structures, and Section 4-1-B-26-B-7-c of this Article, Accessory Buildings And Structures.
      2. Setbacks, Other: Setback from streets other than those with a local or collector classification must comply with subsection Q1 of this Section.

        All mobile homes shall maintain a minimum of 7 feet from all interior lot lines.

      3. Development And Performance Standards:
        1. General Requirements: No mobile home manufactured on or after September 1, 1973, shall be located in a mobile home park unless such mobile home complies with the provisions of K.S.A. 75-1211 through 75-1234, as amended, and rules and regulations adopted thereunder. No mobile home manufactured prior to September 1, 1973, shall be placed, stored or parked within a mobile home park unless such mobile home is in compliance with applicable provisions of the Building Code.* *See Article 4-8-A of this Title.*
        2. Utilities: New mobile home parks shall be permitted only when served by an approved sewer and water supply system. Within each mobile home park, all utility lines from the home to the source, including electricity and telephone lines, shall be placed under ground.
        3. Drainage: Mobile home parks shall comply with the City's Storm Water Management Code.* *See Article 4-5-E of this Title.*
        4. Density: Mobile home park density shall not exceed 9 dwelling units per acre.
        5. Recreation Area: Each mobile home park shall provide recreational or open area based upon a minimum of 500 square feet per mobile home lot. This recreational area may be included in each mobile home space or may be developed separately as common area. Such common areas shall not be less than 4,000 square feet and must meet development regulations of this subsection. Roadways, rights-of-way and off-street parking may not be counted toward this requirement. Fifty percent of the recreational area must be improved when the park reaches 50 percent completion and 75 percent improved when the park reaches 75 percent completion.
        6. Storm Shelters: Each mobile home park must provide properly ventilated and constructed storm protection areas in a central or other convenient location. Shelters shall comply with Section 4-8-A-11 of this Code.
        7. Stoops And Stairways: Stoops and stairways shall be constructed of noncombustible materials and shall not be enclosed.
        8. Carports And Garages: Carports and garages shall be detached or constructed of noncombustible materials unless otherwise approved through the special use permit process. Carports shall be open on at least 2 sides.
        9. Streets: Streets within the park shall be provided in compliance with City standards for residential streets.* Each park shall be provided with a minimum of 2 ingress/egress points in compliance with the access management requirements of Section 4-1-C-6 of this Chapter.

          *See Section 4-6-F-6 of this Title.*

        10. Fire Protection: The Fire Chief may designate certain internal streets within the park as fire lanes. Fire hydrants shall meet spacing and flow requirements of the codes of the City.*

          *See Article 4-8-B of this Title.*

        11. Parking: Parking shall be provided in accordance with Section 4-1-D-1 of this Chapter.
        12. Pedestrian Access: A system of hard-surfaced walkways shall be provided connecting individual mobile home spaces with park streets and all community facilities provided for the park residents. These walkways shall be located so as to minimize conflicts between pedestrian and vehicular traffic.
        13. Lighting: Street lighting shall be in compliance with standard residential street lighting requirements.* Interior site lighting shall be part of the special use permit review. *See Article 4-6-E of this Title.*
        14. Landscaping: Landscaping shall be provided in compliance with Section 4-1-D-2 of this Chapter. A minimum 25 foot buffer zone shall be provided in compliance with the aforementioned Section where a mobile home park abuts a public street or residential zoning district.
        15. Mobile Home Stands (Pad): A stand shall be provided on every mobile home lot to accommodate the home and attached accessory structures. The stand shall consist of concrete ribbons or slabs a minimum of 18 inches wide and capable of carrying the weight of the home. Anchoring facilities for the placement and tie-down of the mobile home shall be installed in accordance with K.S.A. 75-1226 through 75-1232, as amended, before any home is occupied.
        16. Lot Identification: Each mobile home lot shall be assigned an address by the Community Development Director. Address size and location shall comply with City Building Code requirements.*

          *See Article 4-8-A of this Title.*

        17. Storage Of Vehicles Or Goods: Storage of boats, campers and recreational vehicles or other materials shall be within enclosed buildings unless an area has been set aside on the plans for this use. Storage lots must be effectively screened so that stored items will not be readily visible from any public right-of-way or adjoining properties.
        18. Temporary Dwellings: The lease or sale of lots or parcels for temporary dwelling units such as, but not limited to, travel trailers, campers, recreational vehicles, etc., are prohibited.

    Effective on: 1/1/1901

    C

  • Cemeteries, Churches And Schools: Cemeteries, churches and schools shall comply with the following supplementary use regulations:
    1. Access: These uses shall be allowed only on lots with direct access to or within acceptable distances to a collector or arterial street.
    2. Plan Approval: Preliminary and final development plans shall be approved by the City as outlined in Section 4-1-H-3 of this Chapter.
  • Effective on: 1/1/1901

    A

  • Auto Service, Limited; Car Wash; Gasoline Sales, Limited; And General; Service Station; And Vehicle And Equipment Repair: These uses shall comply with the following supplementary use regulations:
    1. Bays And Vehicular Use Areas: Whenever possible, uses with service bays and other vehicular use areas should be designed so that these areas face away from streets and residential areas. Landscaping shall be provided in compliance with Section 4-1-D-2 of this Chapter. To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend, and the Planning Commission may approve an increase of the land use buffer factor for approved outdoor vehicular use areas.
    2. Outside Storage: Outside storage or keeping of parts is prohibited unless designated as part of approved development plans for vehicle and equipment repair facilities only.
  • Effective on: 1/1/1901

    C

  • Construction Sales And Service: Outdoor storage areas permitted under the definitions of construction sales and service, general and limited, shall be subject to the following supplementary use regulations:
    1. Screening And Enclosures: Outdoor storage areas shall comply with the screening requirements of Section 4-1-D-2-P of this Chapter. Fences and walls used to provide screening shall be maintained in a neat, clean, safe and structurally sound condition. Materials stored within the enclosure shall not be permitted to exceed the height of the fence or wall. No signs or advertising devices shall be placed upon fences or walls used to provide visual screening of outside storage areas.

      Outdoor storage areas permitted under the definition of construction sales and service, limited shall be ancillary to the primary use and may not exceed 15 percent of the main building floor area unless the screening method is an extension of the architecture of the main building.

    2. Storage Of Material: All material on the premises of the outside storage area shall be arranged to permit reasonable inspection and access to all parts of the premises by fire, police and City authorities.
  • Effective on: 1/1/1901

    B

  • Banking Services And Restaurant, Fast-Food: Banking services and fast-food restaurants shall comply with the following supplementary use regulations:
    1. Vehicular And Outdoor Use Areas: Whenever possible, vehicular and outdoor use areas should be designed to reduce impacts to adjoining properties. To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend and the Planning Commission may approve an increase of the land use buffer factor for approved vehicular and outdoor use areas.
    2. Trash Receptacles: All fast-food facilities shall provide their own enclosed trash and recycling receptacles, either inside or outside of the facility, of sufficient size to adequately and sanitarily contain all disposable trash and recyclable materials produced by the facility. The management will be responsible for the policing of all trash and recyclable material associated with the operation of this facility.
  • Effective on: 1/1/1901

    P

  • Produce Stand: Produce stands shall comply with the following supplementary use regulations:
    1. Traffic Circulation And Parking: Adequate off-street parking shall be provided to meet the needs of a produce stand. A produce stand shall not cause undue traffic congestion or accident potential given anticipated business and the design of adjacent streets, intersections and traffic controls. Paving and other parking area design standards of Section 4-1-D-1-O of this Chapter may be waived for seasonal produce stands.
    2. Removal Of Seasonal Stands: For seasonal produce stands, all temporary structures and materials may be required to be removed upon cessation of seasonal sales. This requirement includes the removal of all signage, attention attracting devices or other evidence of the produce stand.
    3. Setback From Residential: No permit shall be granted for a produce stand unless the distance between the produce stand and any residential building (other than the residence of the farm on which the produce stand is located) is at least 100 feet.
    4. Compliance With Other Regulations: A building permit or temporary certificate of occupancy may be required before any structure used in conjunction with a produce stand is constructed or modified. All produce stand structures on the site, as a whole, may be required to meet all applicable Building Code,* zoning district and Fire Code** standards. *See Article 4-8-A of this Title.* **See Article 4-8-B of this Title.*
    5. Signage: Seasonal produce stands shall be allowed 1 nonilluminated freestanding sign of up to 24 square feet in area and 8 feet in height maximum. All signage for permanent produce stands must comply with the regulations set forth in Article 4-1-E of this Chapter.
    6. Plan Approval: Preliminary and final development plans shall be approved by the City as outlined under Section 4-1-H-3 of this Chapter.
  • Effective on: 1/1/1901

    V

  • Vehicle And Equipment Sales/Rental: Vehicle and equipment sales/rental shall comply with the following supplementary use regulations:
    1. Limitations Of Use: Service and maintenance incidental to these uses shall be within enclosed buildings. Service and maintenance of vehicles and equipment in the Business Park Zoning Districts may occur in approved designated outdoor areas.
    2. Signage: All signage must comply with the regulations set forth in Article 4-1-E of this Chapter. In addition, no signs or attention attracting devices shall be displayed on any vehicle or equipment for sale.
    3. Outdoor Sales/Display Areas: All outdoor sales/display areas shall be paved in accordance with the standards of Section 4-1-D-1-O-5 of this Chapter. Whenever possible, vehicular and outdoor use areas should be designed to reduce impacts to adjoining properties. To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend, and the Planning Commission may approve an increase of the land use buffer factor for approved vehicular and outdoor use areas.
    4. Plan Approval: The number and location of vehicles and equipment displayed and stored on a site shall be approved as part of the final plan.
  • Effective on: 1/1/1901

    P

  • Public Park; Golf Course; And Nursery, Wholesale: Preliminary and final development plans shall be approved by the City for these uses as outlined under Section 4-1-H-3 of this Chapter.
  • Effective on: 1/1/1901

    C

  • Commercial Use Of Residential Property: The intent of these supplementary use regulations for commercial use of residential property is to allow for the preservation and adaptive re-use of a limited number of existing older homes and accessory buildings in the AG and R-1 Zoning Districts that were built prior to Lenexa’s urban development and which no longer fit within the context of the surrounding land uses. This special use permit would provide these isolated properties the option for commercial use without creating inconsistencies in the City’s zoning pattern by spot zoning. The following supplementary use standards shall apply:
    1. Location: The property shall be located in an urbanized area of the City that is zoned AG, Agricultural, or R-1, Single Family. The site shall front on and have access to an arterial road and shall be physically and functionally isolated from other low and intermediate density residential uses.
    2. Type Of Business: The proposed business shall be a low intensity, low impact use and shall operate in a manner that is compatible with neighboring land uses. Outward business functions, including delivery and loading activities, shall be in keeping with this intent. The appearance of the building(s) and site shall remain in character with the existing agricultural or residential use except for the improvements allowed or required by this Section. Typical uses may include a bed and breakfast facility, boarding house, office, commercial daycare, consumer repair services, maintenance services, medical or dental clinic, personal instruction, personal services, retail, and small-scale manufacturing.
    3. Accessory Buildings: The business activities may be located in approved accessory buildings.
    4. Traffic: Restrictions may be placed on the commercial use that limit the type and amount of traffic in order to ensure compatibility with the surrounding land uses, safe site ingress and egress, and on-site maneuverability.
    5. Hours Of Operation: Hours of operation, including delivery and loading activities, may be restricted to minimize the impact of the commercial use on adjoining properties.
    6. Signs: Commercial use of residential property is subject to the following sign regulations and compliance with Article 4-1-E of this Chapter, as applicable:
      1. Each commercial use shall be allowed 1 wall sign of up to 24 square feet, subject to obtaining a sign permit.
      2. A property with over 200 feet of arterial frontage may be allowed 1 monument sign of up to 24 square feet, in lieu of the wall sign, subject to obtaining a sign permit. Monument signs shall be landscaped in accordance with the requirements of Section 4-1-D-2-O of this Chapter, Landscaping of Monument Signs.
      3. In addition, the following window signs may be permitted: 1 “open” sign and 1 “hours of operation” sign of no more than 2 square feet each, and up to 2 square feet of signs or decals of credit cards accepted, check verification services, and business affiliations.
      4. Permitted signs shall be compatible in materials and colors with the residence.
      5. Temporary signs shall be permitted in conformance with Section 4-1-E-13 of this Chapter, Permitted Miscellaneous Temporary Signs.
      6. Directional/instructional signs, as well as other signs and devices not requiring permits, shall be permitted in conformance with Section 4-1-E-4 of this Chapter.
    7. Parking: Commercial uses shall provide on-site paved parking for the total area dedicated to the business as required by this Code for that type of business. The parking shall be in compliance with Section 4-1-D-1 of this Chapter, Off-Street Parking And Loading, and shall be provided without encroaching into any required front yard, or any required rear yard adjacent to a residential zoning district.
    8. Landscaping And Buffering: Parking areas shall be fully screened from any right-of-way or adjacent residential property by berms or plantings with a minimum height of 3 feet. Additional screening and buffering may be required for loading and delivery areas.
    9. Outside Storage/Trash: Outdoor storage for the business may be allowed, subject to final plan review and approval. Trash must be deposited in appropriately sized receptacles, and the receptacles shall be screened from view by walls or fences which are 6 feet in height and shall provide complete visual screening and be compatible in material and color with the principal structure on the lot.
    10. Procedural Requirements: Commercial use of residential property is subject to a final plan review and approval and, unless otherwise provided in this Section, must comply with all regulations in the City Code. This shall include, but is not limited to, compliance with ADA standards and the adopted building codes. The special use permit for a commercial use of residential property may be approved subject to renewal for limited periods for those uses which are determined to require monitoring and further review. The special use permit may be revoked at any time by the Governing Body upon a determination that the business is in violation of the stipulations of approval or any applicable Code requirements.
  • Effective on: 1/1/1901

    S

  • Self-Service Storage: Self-service storage facilities shall comply with the following supplementary use regulations as indicated:
    1. BP-S: Self-service storage facilities in this zoning district are governed by the regulations set forth in Section 4-1-B-21.
    2. NP-O, CP-O, CP-1, CP-2, CP-3, CP-4, BP-1, BP-2: Self-service storage facilities in these zoning districts shall comply with the following supplementary use regulations:
      1. Permitted Uses Include:
        1. Dead-storage of goods and personal property, unless otherwise prohibited in this Section, within enclosed storage units.
        2. Manager's office and storage unit rental.
        3. Living quarters for resident manager.
      2. Prohibited Uses Include:
        1. Use of storage units as living quarters.
        2. Storage of pesticides, chemicals, explosives, and other hazardous materials.
        3. Storage of loose construction materials.
        4. Servicing, repair, or fabrication activities.
      3. General Requirements Include:
        1. Door openings for rental units shall not face public streets unless effectively screened.
        2. Outdoor lighting shall be shielded and focused to direct light and glare away from adjoining property
    3. NP-O, CP-O, CP-1, CP-2, BP-1: Self-service storage facilities in these zoning districts shall comply with the following additional supplementary use regulations:
      1. Additional Prohibited Uses:
        1. Outside storage, including rental trucks and trailers.
        2. Loading docks.
      2. Additional General Requirements:
        1. Rental unit door openings shall face toward the interior of the development, except that outward orientation may be allowed if it can be demonstrated that the adjoining land use is such that it will not be impacted.
        2. Buildings shall have architectural design treatment on all sides. The architectural style shall be compatible with the predominant area land uses.
        3. When proposed, fencing and walls shall be constructed with materials and design elements that are compatible with the neighborhood character. Fencing and walls shall be opaque, except that limited use of materials such as wrought iron may be permitted where berming and/or landscape planting provide effective screening of the storage facilities.
        4. Self-service storage facilities shall have a Land Use Intensity Factor of 7. The Community Development Director may recommend, and the Planning Commission may approve an increase of the land use buffer factor where site characteristics or orientation of existing adjacent development is more susceptible to impacts of the self-storage facilities.
    4. CC: Self-service storage facilities in the CC, Planned City Center Zoning District shall be designed as fully enclosed buildings compatible in material and design with surrounding structures.
    5. Additional Requirements for Self-Service Storage Facilities That Are Adjacent to Residential Development:
      1. Extent and scale of self-service storage facilities shall be compatible with that of surrounding land uses.
      2. Buildings shall have residential design elements and roof pitch that are compatible with adjacent residential development. Building height shall not exceed 18 feet when adjacent to RE, RP-E, R-1, RP-1, and RP-2 zoning districts.
      3. Screening adjacent to RE, RP-E, R-1, RP-1, and RP-2 zoning districts shall include a minimum 6-foot high masonry wall. Use of the buildings as part of the screening element adjacent to residential development is encouraged.
      4. Outdoor lighting fixtures on storage facility properties that are adjacent to RE, RP-E, R-1, RP-1, and RP-2 zoning districts shall not exceed a height of 20 feet.
      5. Hours of operation may be restricted to minimize the impact on adjoining properties.
  • Effective on: 1/1/1901

    T

  • Temporary Banking Facilities: Temporary banking facilities may be considered in all zoning districts where banking services are a permitted use, and in the BP-1 zone where a freestanding banking facility has been approved as part of a limited retail/service development, subject to the following:
    1. A preliminary plan must be approved for the ultimate permanent bank facility prior to or simultaneous with approval for a temporary facility. A final plan for the temporary facility must be approved in compliance with Code requirements for a permanent bank facility. Deviations from Code may be considered in light of the temporary construction, within the overall intent of the Code.
    2. The temporary facility shall be approved for no more than 24 months of use, and a building permit must be secured for the permanent facility no later than 16 months after the temporary facility is occupied.
    3. Based on extenuating circumstances during construction, an administrative extension of the approval may be granted for up to 60 days. Any extension beyond 60 days requires a new approval by the Planning Commission and Governing Body.
    4. The temporary facility's portable building must be certified by an architect or engineer licensed in Kansas as meeting the City's adopted building codes, and the proposed installation details shall be submitted for approval by the City's Building Code Administrator.
    5. The facility's site shall be constructed to utilize permanent pavement, landscaping, and other improvements to the greatest extent possible, while still allowing for construction of the permanent facility and dismantling of the temporary facility.
    6. The structure should utilize awnings, canopies, and temporary architectural treatments to soften the appearance of the temporary building.
    7. Screening of mechanical units, dumpsters and other improvements required by code should still be accomplished, with either landscaping or architectural elements consistent with the temporary site development.
  • Effective on: 1/1/1901

    A

    AB. Crematorium Facilities: Human crematorium facilities may be considered as a special use in all zoning districts where funeral home services are a permitted or special use. Likewise pet cremation services may also be considered as a special use in all zoning districts where commercial kennels are a permitted or special use except when located in the BP-2 zoning district where they are permitted by right. All facilities must be ancillary to the primary funeral home or kennel operation and are subject to the following:

    1. The cremation unit shall be within a fully enclosed permanent structure. All exterior venting stack(s) must be screened or designed as an integral part of the building roofline.
    2. The crematorium must be so operated so as not to produce hazardous, objectionable or offensive conditions at or beyond the property line boundaries by reason of odor, dust, lint, smoke, cinders, fumes, noise, vibration, heat, solid and liquid wastes, fire or explosion. Performance standards of Section 4-1-C-4 shall apply.
    3. The cremation unit (and operation of the unit) must conform to all state and federal regulations pertaining to environmental quality and any other health and public safety requirements.
    4. Restrictions may be placed on amount of traffic and hours of operation of the facility in order to ensure compatibility and minimize impacts with surrounding land uses.
    5. Preliminary and final development plans shall be approved by the City as outlined under Section 4-1-H-3 of this Chapter.

    Effective on: 1/1/1901

    A

    AC. Personal Instruction, General: The following supplementary use standards shall apply to personal instruction uses, as indicated:

    1. Duration of Permits: The initial special use permit shall be valid for a maximum of 3 years from the date of approval. The first renewal and all subsequent renewals may be approved for up to 10 years, provided all standards of performance are being met.  
    2. Compliance With Other Regulations: All uses are required to meet all applicable Building Code*, zoning district, and Fire Code** standards for public occupancy. *See Chapter 4-8 of this Title for additional information.
    3. Revocation Of Permits: The special use permit may be revoked at any time by the Governing Body upon a determination that the use is in violation of the stipulations of approval, standards of this Section or any other City Code requirement.
    4. Limitations of Use: All functions shall be within enclosed buildings. Exceptions may be approved for outdoor activity areas such as drivers training and similar functions, incidental to the use.
    5. Hours of Operation: Hours of operation may be restricted to minimize the impact of the commercial use on adjoining properties.
    6. Traffic Circulation And Parking: Adequate off-street parking shall be provided to meet the needs of the personal instruction use. No on-street parking or loading facilities shall be permitted in association with such activity. The use shall not cause undue traffic congestion or accident potential given anticipated business and the design of adjacent streets, intersections and traffic controls.
    7. Land Use Buffers: Whenever possible, vehicular and outdoor use areas should be designed to reduce impacts to adjoining properties. To protect neighboring property from potential loss of use or diminishment of land value, the Community Development Director may recommend and the Planning Commission may approve an increase of the land use buffer factor for approved vehicular and outside use areas.
    8. Site, Locations Within BP: Personal instruction uses located within business parks shall be located, scaled, and oriented to compliment the surrounding business park. The following additional criteria shall be used in determining the size, type, and location of these uses:
      1. Safe Vehicular Access: The use shall not cause undue traffic congestion or accident potential given anticipated business and the design of adjacent streets, intersections, and traffic controls. Circulation patterns should be designed to accommodate the traffic reasonably anticipated at such a facility.
      2. Proximity to other existing and proposed similar uses. Locations along the fringe of business parks and with direct access and visible from major roadways are preferred.
      3. Provisions of adequate evening hour illumination of the surrounding area.
      4. Proximity to existing heavy industrial and distribution uses necessary to minimize conflicts with the general public entering the area.
      5. Ability to protect surrounding business park uses from any negative impacts from the use.
      6. Locations should be selected to limit or restrict the mixing of passenger vehicles with delivery vehicles especially within loading and truck maneuvering areas. Restrictions may be placed on the commercial use that limits the type and amount of traffic in order to ensure compatibility with the surrounding land uses, safe site ingress and egress, and on-site maneuverability. Such facilities may be required to submit a traffic impact study to the Transportation Manager for review and approval.

    Effective on: 1/1/1901

    A

    AD. Entertainment, Outdoor: Entertainment, outdoor uses in the CP-2 zoning district shall be subject to the following supplementary use standards:

    1. Setback from Residential: No permit shall be granted for an entertainment, outdoor use unless the distance between the building in which the deck or outdoor event is located and the nearest property line used or zoned for residential purposes is greater than 400 feet.

    2. Duration of Permits: Where only permitted through the special use permit provisions, the initial permit may be granted for a maximum of 1 year from the date of approval. The first renewal of a permit may be approved for a period of up to 3 years. All subsequent renewals may be approved for up to 5 years thereafter, provided all standards of performance are being met.

    3. Noise: In no case shall the noise generated by the operation of its patrons exceed 55dB(A) at any point along or adjacent to a residential property line.

    4. Hours of Operation: Hours of operation may be restricted to minimize the impact of the commercial use on adjoining properties.

    5. Outdoor Seating/Activity Areas: To protect neighboring property an increase of the land use buffer factor may be required for approved outdoor seating/activity areas.

    6. Traffic Circulation and Parking: Adequate off-street parking shall be provided to meet the needs of the outdoor entertainment. No on-street parking shall be permitted in association with such activity. The use shall not cause undue traffic congestion or accident potential given anticipated business and the design of adjacent streets, intersections and traffic controls.

    7. Revocation of Permits: Special use permits for these operations may be revoked at any time by the Governing Body upon determination that the standards of performance, attached stipulation, or any other City ordinance associated with the operation of these facilities in not being complied with.

    8. Exceptions: The Governing Body may grant exceptions to any of the supplementary use standards of this subsection when it finds that the granting of the proposed permit without such standard(s) will not create or cause substantial damage or hardship to the nearest residentially zoned property or other surrounding property.

    Effective on: 1/1/1901

    A

    AE. Wireless Communication Facility:

      1. Purpose And Intent: The purpose and intent of this subsection is:
        1. To establish clear regulations for the placement, construction, modification and design of Wireless Communication Facilities consistent with state and federal regulations;
        2. To promote the health, safety and general welfare of the City by providing for the safe and effective placement, construction, modification, and operation of Wireless Communication Facilities;
        3. To place reasonable location, design, structural integrity and compatibility standards on the placement, construction, modification and operation of Wireless Communication Facilities in order to minimize their visual, aesthetic, safety, and environmental impacts;
        4. To encourage the use of stealth technology and collocation of wireless communication equipment, on existing structures;
        5. To accommodate the growing need and demand for wireless communication services by providing a fair and efficient review and approval of Wireless Communication Facility applications; and
        6. To protect the unique aesthetics of the City while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications.
      2. Applicability: All applications for installation, construction, modification or operation of Wireless Communication Facilities shall be governed by the standards of this subsection.
      3. Residential Districts: Notwithstanding any other provision of this Section, the following shall apply to the installation, construction, modification or operation of Wireless Communication Facilities located in residential zoning districts outside of the public right-of-way:
        1. All new Wireless Communication Facilities; substantial changes of Wireless Communication Facilities, as defined by 47 CFR § 1.6100; or any other installation, construction or modification of equipment not associated with an existing Wireless Communication Facility shall require a Special Use Permit with review and approval pursuant to the standards of Article 4-1-G.
        2. All other applications for the installation, construction, modification or operation of Wireless Communication Facilities shall be subject to approval by the Community Development Director or designee.
      4. Nonresidential Districts: Notwithstanding any other provision of this Section, the following shall apply to the installation, construction, modification or operation of Wireless Communication Facilities located in nonresidential zoning districts outside of the public right-of-way:
        1. All new Wireless Communication Facilities; substantial changes of Wireless Communication Facilities, as defined by 47 CFR § 1.6100; or any other installation, construction or modification of equipment not associated with existing Wireless Communication Facilities shall require a Special Use Permit with review and approval pursuant to the standards of Article 4-1-G; or
        2. Any new Wireless Communication Facilities; substantial changes of Wireless Communication Facilities, as defined by 47 CFR § 1.6100, or any other installation, construction or modification of equipment not associated with an existing Wireless Communication Facility installed on a building or other base structure or on supports installed on a building or other base structure with a height of no more than 12 feet above the building main roof, shall be considered a permitted accessory use.
        3. All other applications for the installation, construction, modification or operation of Wireless Communications Facilities shall be subject to approval by the Community Development Director or designee.
      5. Small Cell Facilities and Distributed Antenna Systems in Public Rights-of-Way:  The installation, construction, modification or operation of Small Cell Facilities and Distributed Antenna Systems and associated equipment, structures, base stations and accessory equipment located in public right-of-way shall be subject to approval by the Community Development Director, or designee.  In addition to all other applicable provisions of this Section, such facilities shall be subject to the following requirements:
        1. The facilities shall comply with all applicable sections of the Lenexa City Code, including but not limited to, the City's Right-of-Way Management provisions codified at Article 4-6-I of the Lenexa City Code, and amendments thereto.
        2. The facilities shall comply with the most recently adopted Wireless Facilities Guidelines.
        3. An applicant may submit a consolidated application for a Small Cell Network with Small Cell Facilities of a substantially similar design.  Notwithstanding, the City may require a separate application for any Small Cell Facilities that are not of a substantially similar design.
        4. No person or entity shall install, construct, modify or operate a facility in the public right-of-way without entering into a valid, non-exclusive right-of-way, deployment or license agreement with the City.
      6. Application Decisions: The City shall consider and decide on all applications within the applicable timeframe.  A final decision shall consider the application in light of the applicable zoning, the information provided by the applicant, compliance with provisions of the City's Code, compliance with technical and engineering standards, and compliance with state and federal regulations and shall be based upon substantial evidence.  In the event of a denial, the City shall notify the applicant in writing of the City's final decision, supported by substantial evidence contained in a written record and issued contemporaneously.
      7. Application Timeframe:  The City shall comply with applicable federal, state and local law concerning the time period for review following receipt of a completed application to install or modify a Wireless Communications Facility.  Specific timeframes shall be described in the Wireless Facilities Guidelines.
      8. Applications Process:  All applications for installation, construction, modification or operation of all Wireless Communication Facilities shall be accompanied by the applicable non-refundable fee.  An application shall not be deemed submitted unless the applicable fee is paid.  Furthermore, all applications shall be subject to the following requirements.
        1. As applicable, complete a Special Use Permit application as set forth in Section 4-1-G and, as required, provide a set of plans, including site, landscape, grading, stormwater management, erosion control, lighting, utility plans, and any other plans that may be required by the City Engineer.  All plans shall comply with all requirements of the City code.
        2. A written statement describing the proposed Wireless Communications Facility including the capacity of the structure and the number and type of antennas the facility can accommodate.
        3. Elevation drawings of the proposed Wireless Communications Facility showing all towers, base stations, antennas, transmission equipment, accessory equipment, cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility.  The drawings shall show the construction material and color for all exterior surfaces and the height of the structure.
        4. Photo simulations of the Wireless Communication Facility and site demonstrating the visual impact of the proposed facility, including both before and after views.
        5. A report from a licensed professional engineer which describes the Wireless Communications Facility's structural capacity, including a statement to the effect that the Wireless Communications Facility can safely accommodate all antennas, transmission equipment and accessory equipment.  This may include structural calculations, geotechnical foundation studies, and other data as determined by the City Engineer, as applicable, and in compliance with all City codes.  In the event an existing Wireless Communications Facility is to be used, the report shall describe the condition of the existing Wireless Communications Facility based on a physical inspection and its ability to accommodate any additional accessory equipment and antennas.
        6. If an emergency power system will be utilized, the Applicant will provide: sufficient details showing the location and proposed use of the same; a proposed plan for any intended non-emergency use (e.g. testing); and certification that the system will not violate local health and safety requirements and local noise control ordinances.
        7. An affidavit from the applicant stating that it conducted a thorough analysis of available collocation opportunities within the applicable search ring.
        8. An engineer's certification that the proposed Wireless Communications Facility and the cumulative effect of all Wireless Communications Facilities on the site comply with all FCC standards, including but not limited to, certifying that all facilities meet all provisions and regulations for radio frequency (RF) emissions or exposure, and that anticipated levels of electromagnetic radiation to be generated by all facilities on the site, including the effective radiated power (ERP) of the transmission equipment shall be within the guidelines established by the FCC.
        9. Applicants for facilities in the right-of-way shall provide notice by certified mail to the owners of record of all property within 200 feet of the proposed location.  The notice shall provide: (1) a description of the proposed facility; (2) the location of the proposed facility; (3) a plan sheet showing the proposed location and the facility improvements.  Each facility location shall be provided with its own notice; and (4) the expected date of installation; notices for multiple locations may not be provided in a single letter.  No application will be approved until the applicant submits an affidavit affirming that the required notice was sent.
        10. Any other information as determined by the City Engineer that will assist the review and approval process for Wireless Communications Facilities, including but not limited to the requirements set forth in the Public Right-of-Way Wireless Facilities Guidelines and Public Right-of-Way Wireless Facilities Application.
      9. Location:  It is the express intent of the City to encourage the location of new Wireless Communication Facilities on existing structures, including buildings, utility poles, and equipment, and wireless communication towers designed for co-location so that the new Wireless Communication Facilities may be integrated into the existing structures, existing landscape and adjacent properties using all reasonable means, including architecture, landscape, siting and stealth concealment solutions, to conceal or minimize the visual impact, Site for Wireless Communications Facilities are encouraged to be as compatible as possible with surrounding land uses by avoiding locations in or near residential areas and instead locating near public and nonresidential buildings or in rear service areas, or other low visibility areas of business parks and intensely commercialized areas whenever possible.  The City's siting preference for all new Wireless Communication Facilities is in accordance with the following hierarchy, with (1) being the most preferable site and (5) being the least preferable site:
        1. On existing legally established Wireless Communication Facilities.
        2. On existing buildings, towers, signs, or other structures in nonresidential zoning districts.
        3. On new Wireless Communications Facilities in nonresidential zoning districts.
        4. On existing buildings, towers, signs, or other structures in residential zoning districts.
        5. On new Wireless Communication Facilities in residential zoning districts.
      10. Setbacks and Height:  All Wireless Communication Facilities shall comply with these standards which shall be reflected on the drawings for all relevant approvals.
        1. Setbacks:  All Wireless Communication Facilities, including all elements or parts thereof, shall conform to the minimum yard setback standards of the district in which it is to be located unless the City reasonably finds that a greater setback is required in the interest of the public health, safety and welfare.  Small Cell and Distributed Antenna System Facilities in the public right-of-way shall not be subject to setback requirements.
        2. Additional Setback from Certain Facilities and Structures:  In addition to complying with the district setback standards, Wireless Communication Facilities shall be located on the property so as to provide a minimum distance equal to 50 percent of the height of the structure from any residential structure or any aboveground utility power lines other than applicant's service lines or a distance equal to that from the top of the support structure to a break point certified by a professional engineer or as evidenced by the manufacturer's specifications.  In addition, no Wireless Communication Facilities shall be located in a front yard.
        3. Setback from Streets:  All Wireless Communication Facilities, small cell facilities and distributed antennas systems located along or adjacent to any street shall be setback from the street a minimum of 6 feet as measured from the edge of the facility to the face of curb or edge of street on non-curbed streets and shall be breakaway or shall be installed on a breakaway base.
        4. Height:  The maximum height which may be approved for all Wireless Communication Facilities that are not designed and built for collocation is 120 feet, which includes all equipment related to wireless services. The maximum height which may be approved for all Wireless Communication Facilities that are designed and built for collocation is 180 feet, which includes all equipment related to wireless services.  A lightning rod, 10 feet in height or less, shall not be included in height limitations.  Notwithstanding, all Wireless Communication Facilities, small cell facilities and distributed antenna systems located in the public right-of-way shall be subject to the following height restrictions.
          1. A maximum height of 20 feet in residential areas on local residential or local collector streets.
          2. A maximum height of 40 feet on local streets in non-residential areas and on Collector and Minor Arterial Streets.
          3. A maximum height of 50 feet on all streets that are within or adjacent to areas zoned BP-1 or BP-2, or on Arterial Streets.
        5. Separation Requirements in Right-of-Way:  In order to maintain good visual separation and avoid clutter in the right-of-way, all new Wireless Communication Facilities and new towers, poles or structures for small cell facilities or distributed antenna systems shall be located a minimum of 150 feet from existing Wireless Communication Facilities or towers, poles or structures supporting small cell facilities or distributed antenna systems.  This requirement may be partially or completely waived by the Community Development Director or designee if it is determined that the strict adherence to the standards will create unreasonable hardship.  Such waivers, however, shall be granted only after the submission of a design plan that demonstrates that the requested waiver will not create a serious detriment to the safety and/or operation of traffic on the street or roadway.  The requirements for the design plan may be waived by the Community Development Director if it is determined that such an analysis is unnecessary in rendering a competent decision on the requested waiver.
      11. Design and Aesthetics:  In order to protect the aesthetics of the City while meeting the needs of its citizens and businesses, installations of all Wireless Communication Facilities shall meet the following standards, which shall be reflected on the drawings and photo simulations submitted for all relevant approvals.
        1. Structures:  All tower structures shall be of monopole design or of some other stealth or concealment design that is architecturally compatible with the surrounding development to reduce the visual impacts as much as possible and not be readily apparent to a casual observer.  All tower structures must be designed in compliance with all current applicable technical, safety, and safety related codes adopted by the City or other applicable regulatory authority.  No guy or lattice towers are permitted.
        2. Antennas:  All anticipated antennas and mounting hardware should be shown on drawings for initial approval.  All cable runs should be through tower portals and within the tower itself.  Mounting details for similar types of antennas should be visually consistent, and mounting locations for multiple antennas on a single support structure should be coordinated in design, and spaced and balanced to give a planned and uncluttered appearance.  Installation of additional antennas beyond those reflected in initial approvals may be administratively approved if they meet these design guidelines.
        3. Equipment Cabinets and Other Ground-Level Equipment:  To reduce the visual impact as much as possible, Ground-level equipment shall either be fully enclosed in a building meeting architectural compatibility standards with surrounding properties, or adequately screened based on site specific location and adjacent land uses.  At a minimum, ground level compounds shall be enclosed with a 3/8" non-climbable, black vinyl, chain link fence with a variety of upright evergreens planted in a staggered spacing necessary to achieve the desired screening.  In residential settings or where a ground compound is readily visible from public areas of surrounding properties or from any public rights of way a solid screen wall, of height at least equal to the maximum height of the equipment may be required.  The screen wall shall be architecturally compatible with adjacent development.  Screening of the equipment compound may be waived provided that the ground level equipment is screened by other property boundary enclosures or other structures so as not to be visible from surrounding properties or public ways.
        4. Building and Roof Mounted Antennas Screening:  All communication antennas located on buildings or roof mounted must be architecturally compatible and integrated with the building or structure on which they are located so that the communication antennas are not readily apparent to a casual observer.  For purposes of this section "architecturally compatible" is a design intended to convey a clean appearance and help minimize the visual impacts of the towers, antennas and their support structures.  Associated rooftop equipment shall also be screened from public view with architectural treatment compatible with the building architecture.  Painting of the equipment alone shall not satisfy this requirement.  If not adequately screened by a roof parapet, rooftop screening of associated equipment shall be provided with the use of architectural panels, walls or building features of similar appearance and materials.
        5. Color and Finish:  All Wireless Communication Facilities shall be colored and finished in a manner that is compatible with any surrounding elements so as to camouflage their appearance in a stealth manner and make such facilities as visually unobtrusive, and not readily apparent to the casual observer, as possible.
        6. Wireless Facilities Guidelines:  Due to rapidly changing technology and regulatory requirements, the Community Development Director or designee is authorized to establish Wireless Facilities Guidelines pertaining to the use and regulation of Wireless Facilities located within the City.  A copy of the guidelines shall be available at the office of the Community Development Director during regular business hours.  If there is a conflict between the Wireless Facilities Guidelines and the regulations and standards set forth in this section or the Lenexa City Code, the more restrictive standard applies.  Any violation of the guidelines shall be subject to the enforcement remedies and penalties provided by Article 4-1-L and by State law. 
      12. Miscellaneous:
        1. Conformance with Lenexa City Code:  In addition to the standards set forth above, all Wireless Communications Facilities shall be subject and comply with all relevant sections of the Lenexa City Code, including but not limited to, the Lenexa Unified Development Code, the Lenexa Building Code, and the Lenexa Right-of-Way Management Code.
        2. Unsafe Communication Facilities:  Any Wireless Communication Facilities which are not maintained to a suitable degree and appearance (as determined by the City and any applicable code, statute, ordinance, law, regulations or standard) will be considered a nuisance and will be upgraded, repaired or removed at the wireless service provider's expense.
        3. Conformance with Federal and State Regulations:  Wireless Communications Facilities shall comply with all minimum structural, height, radio frequency radiation and other operational standards set forth by the FCC, FAA, EPA and other applicable federal and state regulatory agencies.  If such regulations change, then the Wireless Communications Facilities shall be brought into compliance with 6 months of the effective date of the applicable regulations.  Failure to comply with any applicable standards or regulations shall be grounds for removal at the wireless services provider's expense.
        4. Interference:  It is the responsibility of the wireless services provider to correct any interference with existing public safety services in the area, caused by their Wireless Communication Facilities.
        5. Interpretation and Severability:  The provisions of this Section shall be construed in a manner consistent with all applicable federal, state and local laws and standards regulating Wireless Communications Facilities.  In the event any federal or state law or standard is mandatory or is more stringent than provisions of this Section, then such provisions shall be revised accordingly.  If any section, subsection, clause, phrase or portion of this Section is for any reason held invalid or unenforceable by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
        6. Reservation of Authority:  The City at all time reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve any Wireless Communications Facilities, or site, as may be necessary and in keeping with health, safety and general welfare of the City.  Such actions may temporarily interfere with the operation of Wireless Communications Facilities.  The City will give thirty (30) days written notification to owner of any planned, non-emergency actions.  In the event of an emergency, the City shall give notice within forty-eight (48) hours of such action.
      13. Definitions:  For purposes of this Section, the terms, phrases, words and abbreviations and their derivations shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.  Notwithstanding, the terms and words listed blow will have the following meanings:
        1. Base Station:  A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables or other accessory facilities at a specific site that enables FCC-licensed or authorized wireless service to mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.  The term does not mean a tower or equipment associated with a tower; and it does not include any structure that, at the time the relevant application is filed with the City, does not support or house equipment described in this paragraph or that was not previously approved under the applicable zoning or siting process.
        2. Collocation:  The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for Wireless Service.
        3. Distributed Antenna System (DAS):  A network that distributes radio frequency signals and consisting of:
          1. Remote communications or antenna nodes deployed throughout a desired coverage area, each including at least on Antenna for transmission and reception;
          2. A high capacity signal transport medium that is connected to a central communications hub site; and
          3. Radio transceivers located at the hub's site to process or control the communications signals transmitted and received through the antennas to provide wireless or mobile service within a geographic area or structure.
        4. Modification or Modify:  The addition, removal or change of any of the physical and noticeably visible components or aspects of a wireless communication facility such as Antenna, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any noticeably visible components, vehicular access, parking, upgrade or exchange of equipment for better or more modern equipment.  Modification shall not include replacement of such components in kind. A collocation which changes the physical configuration of the existing facility or structure shall be considered a modification.  The Community Development Director or designee shall determine when changes such as enlarging the ground-mounted equipment area, increasing the screen wall height or installing additional equipment changes the physical and noticeably visible aspects of a wireless communication facility.
        5. Replacement:  Replacement of an existing facility on a previously approved site, utility easement, or an approved special use permit area, with a new facility of comparable proportions and of comparable height or such other height that would not constitute a substantial change to an existing structure to support a wireless communication facility or accommodate collocation.  A replacement includes any associated removal of the pre-existing wireless communication facility.  A replacement tower shall be within 15 feet, as measured horizontally along the ground, of an existing tower, and the existing tower shall be removed within 30 days from the installation of the replacement tower.  The Community Development Director or designee may approve a separation greater than 15 feet.
        6. Site:  For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
        7. Small Cell Facility:  A Wireless Communications Facility that meets both of the following qualifications:
          1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or in the case of an Antenna that has exposed elements, the Antenna and all of the Antenna's exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and
          2. Primary equipment enclosure that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the FCC has excluded from review pursuant to 54 U.S.C. § 306108.  Accessory Facilities may be located outside the primary equipment, and if so located, are not to be included in the calculation of equipment volume.  Accessory facilities includes, but is not limited to, any electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.
        8. Small Cell Network:  A collection of interrelated Small Cell Facilities designed to deliver wireless service.
        9. Stealth or "Stealth Technology":  Using the least visually and physically intrusive facility by minimizing adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding and generally in the same area as the requested location of a Wireless Communication Facility.  Specifically, this means ensuring that all antenna arrays, cables, and other accessory facilities used for providing the Wireless Service are not obtrusive or noticeably visible from adjacent properties or adjacent right-of-ways.  Any accessory facilities mounted onto a tower or structure shall not project greater than one (1) foot, as measured horizontally, from the surface of the tower or structure and shall be painted or screened with materials that are a complementary color as the tower or structure.  Cables shall not be allowed to travel along the exterior of a Tower or structure.  Understanding that new technologies are anticipated to change the components of a Wireless Communications Facility, the Community Development Director or designee may determine if a wireless communication facility or component of a wireless communication facility is designed to be stealth.
        10. Tower:  Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their accessory facilities, including structures that are constructed for wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated Site.
        11. Wireless Communications Facility:  A structure, facility, or location designed, or intended to be used as, or used to support antennas or other transmission equipment used in wireless services.  This includes without limit, towers or all types, and base stations, including but not limited to buildings, church steeples, water towers, signs or other structures that can be used as a support structure for Antennas or the functional equivalent of such.  It further includes all related accessory facilities associated with the site.  It is a structure and facility intended for transmitting and/or receiving, wireless services, specialized mobile radio (SMR), personal communications services (PCS), commercial satellite services, microwave services, radio, television, and any commercial wireless service not licensed by the FCC.

    Effective on: 1/1/1901

    A

    AF. Pay day Loan, Title Loan and Pawnbrokers: Pay day and title loan businesses and pawnbrokers shall be subject to the following supplementary use standards:

      1. Location and Distance Requirements:

        1. Residential: No pay day loan or title loan business or pawnbroker shall locate within 200 feet of residentially zoned property.

        2. Other Pay day Loan or Title Loan Businesses or Pawnbrokers: No pay day loan or title loan business or pawnbroker shall locate:

          1. within 1 mile of any other pay day loan or title loan business or pawnbroker located within the City limits; or

          2. within 1000 feet of pay day loan or title loan business or any pawnbroker located outside of the City limits.

      2. Measurement of Distance: The separation distances shall be measured from or to the outer wall of the pay day loan business, title loan business or pawnbroker and from or to the property line of the residentially zoned property.

      3. Other Regulations: Pay day loan and title loan businesses and pawnbrokers shall comply with all other regulations contained in the City Code, including, but not limited to, licensing and permitting regulations.

    Effective on: 1/1/1901

    A

    AG. Auction Service, Limited and General: Auction Service uses shall be subject to the following supplementary use standards:

      1. Plan Approval: Preliminary and/or final development plans shall be approved by the City as outlined under Section 4-1-H-3 of this Chapter.
      2. Duration of Permits: Where only permitted through the special use permit provisions, the initial permit may be granted for up to 12 months, with the first renewal period of up to 3 years. All subsequent renewals may be approved for up to 5 years thereafter, provided all standards of performance are being met.
      3. Compliance With Other Regulations: All uses are required to meet all applicable Building Code*, zoning district, and Fire Code** standards for public occupancy. *See Article 4-8-A of this Title.* **See Article 4-8-B of this Title.**
      4. Revocation Of Permits: Special use permits for these operations may be revoked at any time by the Governing Body upon a determination that the business is in violation of the stipulations of approval or any applicable Code requirements.
      5. Limitations Of Use: All functions for Auction Services, Limited uses shall be within completely enclosed buildings. As a part of the Special Use Permit process, exceptions may be approved for temporary outdoor activity areas; however, no product storage may occur outdoors. Live assembly auctions are restricted to a maximum number of twenty-four (24) events per calendar year, and limited to specific days of the week and hours.
      6. Noise: In no case shall the noise generated by the operation or its patrons exceed 55 dB(A) at any point along or adjacent to a residential property line.
      7. Hours Of Operation: Hours of operation may be restricted to minimize the impact of the commercial use on adjoining properties.
      8. Access: These uses shall be allowed only on lots with direct access to a collector or arterial street unless otherwise approved by the Transportation Manager.
      9. Traffic Circulation And Parking: Adequate off-street parking shall be provided to meet the needs of the all business activities. No on-street parking or loading facilities shall be permitted in association with such activity. The use shall not cause undue traffic congestion or accident potential given anticipated business and the design of adjacent streets, intersections and traffic controls.
      10. Land Use Buffers: The Community Development Director may recommend and the Planning Commission may approve an increase of the land use buffer factor for approved vehicular or approved outside use areas.
      11. Site, Locations Within BP: Auction Service general and limited uses located within business parks shall be located, scaled, and compatible within the surrounding business park. The following additional criteria shall be used in determining the size, type, and location of these uses in the BP zoning district:
        1. Safe Vehicular Access: Circulation patterns should be designed to accommodate the traffic reasonably anticipated at such a facility.
        2. Proximity to other existing and proposed similar public uses: Locations along the fringe of business parks and with direct access from major roadways are preferred.
        3. Provisions of adequate evening hour illumination of any outdoor use areas.
        4. Proximity to existing heavy industrial and distribution uses necessary to minimize conflicts with the general public entering the area.
        5. Locations should be selected to limit or restrict the mixing of passenger vehicles with delivery vehicles especially within loading and truck maneuvering areas. Restrictions may be placed on the Auction Service use that limits the type and amount of traffic in order to ensure compatibility with the surrounding land uses, safe site ingress and egress, and on-site maneuverability. Such facilities may be required to submit a traffic impact study to the Transportation Manager for review and approval.

    Effective on: 1/1/1901

    A

    AH. Personal Instruction, Limited: The following supplementary use standards shall apply to personal instruction uses, as indicated:

      1. Compliance with Other Regulations: Personal instruction, limited, uses are required to meet all applicable Building Code, Fire Code and zoning district standards for public occupancy. See Chapter 4-8 of this Title for additional information.
      2. Limitations of Use: All functions shall be within enclosed buildings.
      3. Parking: Adequate off-street parking shall be provided on-site to meet the needs of the personal instruction use. No on-street parking or loading facilities shall be permitted in association with such activity.

    Effective on: 1/1/1901

    A

    AI. Large Wind Energy Conservation Systems (WECS):

      1. Location:
        1. Residential Zoning Districts: The Large WECS may not be located in any required or established front or side yard.
        2. Agricultural, Commercial, and Industrial Zoning Districts: The Large WECS may not be located in any required front or side yard.
      2. Minimum Lot/Parcel Size:
        1. Large WECS: There is no minimum lot size required for Large WECS
        2. Wind Farms: A wind farm shall only be located on lots that are a minimum of 10 acres in size. This minimum lot size shall not include area within temporary easements, but shall include the area on which the WECS will be installed and any other related site improvements including but not limited to screening/buffering and drives
      3. Blade Design: Any style of blade or collection system may be allowed subject to approval of a Special Use Permit
      4. Setback: All Large WECS shall comply with the minimum property line setback requirements for the applicable zoning district or be set back from the property line a distance greater than or equal to the overall height of the Large WEC, including blades, whichever is greater. Setback requirements shall not apply for roof/building mounted Large WECS. The setback of the building shall be considered as satisfying the setback requirement for the Large WECS
      5. Number of Units: Any request for more than one WECS to be located on a single property shall be subject to consideration and approval of a SUP. The exact number of WECS proposed to be installed shall be part of the SUP application information
      6. Height: The maximum height of the Large WECS proposed to be installed shall be part of the SUP application information and subject to approval of the SUP
        1. Ground Mounted: Height shall be measured from average grade at the tower base to the highest point of the Large WECS structure, including blades, if applicable.
        2. Roof/building Mounted: Height shall be measured from the surface of the roof on which the Large WECS is mounted to the highest point of the Large WECS structure, including blades, if applicable.
      7. Design and Aesthetics: Large WECS shall be painted a non-reflective, non-obtrusive color or a color that conforms to the environment and architecture of the community
      8. Tower Design: All tower structures for Large WECS shall be of self-supporting, monopole construction unless attached to a structurally reinforced roof where such support is not warranted. No lattice or guyed monopole structures shall be permitted.
      9. Minimum Blade Clearance: The blade tip clearance for any ground-mounted Large WECS shall, at its lowest point, be not less than 30 feet.
      10. Lighting: Large WECS shall be lighted only if required by the Federal Aviation Administration (FAA) or other applicable authority. Lighting of other parts of the Large WECS facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall comply with all other requirements of this chapter
      11. Noise: The noise emitted from any Large WECS shall not exceed the noise level limits outlined in Section 4-1-C-4.
      12. Vibration: Vibration emitted from any Large WECS shall not exceed the limits outlined in Section 4-1-C-4
      13. Signage: Any signage proposed in conjunction with a Large WECS shall comply with Article 4-1-E Signs.
      14. Utility Connections: Reasonable efforts shall be made to locate utility connections from Large WECS underground, depending on appropriate soil conditions, shape and topography of the site, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. For electrical transformers with a footprint greater than two square feet in area, landscaping shall be provided to substantially screen the structure from public view and/or the view of adjacent homeowners. Maintenance of all landscaping shall be the responsibility of the property owner.
      15. Compliance with Building Code: All Large WECS shall require a building permit for installation.
      16. Removal of Inoperable Large WECS: Any Large WECS that is inoperable for twelve consecutive months shall be considered abandoned, and the owner of such Large WECS shall either restore the WECS to operating condition or remove the Large WECS, including all associated support structures and transmission lines, within ninety days of receipt of notice from the governing authority notifying the owner of such abandonment. If, after ninety days the Large WECS is not removed , the Large WECS and associated structures would be subject to the enforcement provisions as set forth in Article 3-5-H of the Municipal Code. For purposes of this section, inoperable shall be deemed to include, but shall not be limited to, the bladed of the Large WECS remaining stationary so that wind resources are not being converted into energy or the Large WECS is no longer connected to equipment to convert the wind into energy.
      17. Miscellaneous
        1. Deviation: The Planning Commission or Governing Body shall have the ability to grant a deviation from any of these standards subject to the applicant submitting detailed information illustrating the need for the deviation and proposed mitigation to lessen the impact of the deviation.
        2. Application Information: Each application for a Special Use Permit for a Large WECS shall be accompanied by the following information:
          1. Turbine information, including type, model, size, height, rotor material, rated power output, performance, safety, noise, and vibration characteristics of each wind turbine being proposed, tower and electrical transmission equipment.
          2. Digital pictorial representation of “before” and “after” (photo simulation) views from key viewpoints.
          3. Information as required on the ‘Final Plan Application and Checklist’.
          4. Additional technical information and/or studies, including but not limited to a noise study, geotechnical report, wildlife impact study, or shadow/flicker model, as deemed necessary by the Community Development Director, Planning Commission, or Governing Body to fully evaluate the application.

    Effective on: 1/1/1901

    A

    AJ. Hospitals: Hospitals, both permitted by-right and with a Special Use Permit, shall be subject to the following supplementary use standards:

      1. Access: Hospitals shall be allowed only on lots with direct access to or within an acceptable distance to a collector or arterial street. The acceptable distance shall be determined by the city’s Traffic Engineer based on the existing road network and adjacent land uses.
      2. Heliports or Helipads: If a hospital proposes to include a heliport or helipad, such heliport or helipad shall be located a minimum of 500 feet from residentially zoned property. To protect neighboring property from potential impacts from a heliport or helipad use, the Community Development Director may recommend, and the Planning Commission may require an increase of the land use buffer factor for such areas.
      3. Noise: The noise generated by the hospital shall comply with the requirements of Section 4-1-C-4 of the Unified Development Code and shall not exceed the decibel levels outlined therein unless specifically altered as part of an approved Special Use Permit.
      4. Lighting: Outdoor lighting fixtures that are adjacent to residentially zoned property shall not exceed 20 feet in height. Lighting required by the Federal Aviation Administration for heliports or helipads is exempt from this requirement.
      5. Exceptions: The Governing Body may grant exceptions to any of the supplementary use standards of this subsection when it finds that the granting of the proposed permit without such standard(s) will not create or cause substantial damage or hardship to adjacent properties.

    Effective on: 1/1/1901

    A

    AK. Homeless Shelter: The following supplementary use standards shall apply to homeless shelter uses, as indicated (see Section 4-3-C-2 for definitions):

    1.   
      1. 1.
        Accessory Use: Homeless shelters shall be considered as an accessory use to the primary use of the property when located in a church or place or worship building.  As an accessory use, a church or place of worship may operate:
        1. a.
          A homeless shelter serving up to ten (10) homeless individuals subject to the following criteria:
          1. 1.
            The homeless shelter shall have at least two (2) employees and/or volunteers on the premises during all operational hours;
          2. 2.
            Prior to establishing a homeless shelter as an accessory use, an application for and approval of a new certificate of occupancy is required, including compliance with all building and fire codes.
        2. b.
          A homeless shelter serving up to fifty (50) homeless individuals subject to the following criteria:
          1. 1.
            The building housing the homeless shelter must be at least 30,000 square feet in size;
          2. 2.
            The property where the homeless shelter is located must be within one-half (1/2) mile of a public transportation stop, or the homeless shelter must have reliable access to transportation;
          3. 3.
            The homeless shelter shall staff the premises during all operational hours as follows:
             Number of GuestsMinimum Number of Employees and/or Volunteers 

             1-10

             2

             11-30

             3

             31-50

             4

          4. 4.
            A homeless shelter exceeding ten (10) individuals may only be operated from November 1 through April 1;
          5. 5.
            Prior to establishing or expanding a homeless shelter as an accessory use, an application for and approval of a new certificate of occupancy is required, including compliance with all building and fire codes.
      2. 2.
        Special Use Permit: When only allowed in a zoning district by a special use permit, a homeless shelter shall be subject to the following supplementary standards:
        1. a.
          Management Plan:  A management plan that contains/addresses the following items shall be submitted with any application to establish the homeless shelter use and be approved prior to commencing the use.  The management plan shall be integral to the operation of the facility and binding on the operator.  Failure of the operator to comply with the approved management plan shall be considered a violation of this code.
          1. 1.
            A narrative description of the nature and characteristics of the use and descriptions of all supportive services provided.
          2. 2.
            A transportation plan describing how guests will be transported to and from the site.
          3. 3.
            An interior floor plan showing sleeping areas, common areas, kitchen and bathroom facilities, and emergency exits.
          4. 4.
            An emergency / security plan that addresses security for staff, volunteers and guests as well as how responses to medical and other emergencies will be handled.
          5. 5.
            An outline of the "Rules of Conduct" for guests.
          6. 6.
            A communication plan that establishes how the shelter will regularly communicate with neighbors and the police.
          7. 7.
            A staffing plan noting the number of employees per guest during daytime and nighttime operating hours and a statement of staff qualifications.
        2. b.
          Number of Guests:  When establishing the maximum number of homeless individuals served under the special use permit the City Council shall consider various factors, including but not limited to:
          1. 1.
            The operational characteristics of the proposed shelter as outlined in the Management Plan;
          2. 2.
            The size of the building housing the homeless shelter;
          3. 3.
            The character of the area, including but not limited to proximity to residences, commercial businesses, schools, and public transportation.
        3. c.
          Duration of Special Use Permit:  The initial special use permit for a Homeless Shelter shall be valid for a maximum of 5 years from the date of approval and shall expire automatically unless a renewal is approved.  All renewals of a special use permit may be approved for a period of up to 5 years.
        4. d.
          Number of Employees:  The homeless shelter shall have at least two (2) employees and/or volunteers on the premises during all operational hours for the first ten (10) guests and one (1) additional employee and/or volunteer for every ten (10) additional guests, or any portion thereof.
        5. e.
          Revocation of Permits: The special use permit for the operation of a homeless shelter may be revoked at any time by the Governing Body upon a determination that it is in violation of the standards of this Section or another City Code requirement.
        6. f.
          Certificate of Occupancy: Prior to establishing a homeless shelter as a use, an application for and approval of a new certificate of occupancy is required, including compliance with all building and fire codes.
      3. 3.
        Violations:
        1. a.
          Right to Inspection: City representatives may from time to time make an inspection for the purpose of determining that the provisions of this Section are complied with. Such inspections shall be made at reasonable times during operational hours and in a reasonable manner. Prior notice of the City’s intention to conduct such inspections is not required. It shall be unlawful for any property owner, operator of the shelter, and/or party responsible for overseeing shelter operations to fail to allow immediate access to the premises or to hinder an inspection in any manner, and any such behavior may result in revocation or suspension of the Certificate of Occupancy..
        2. b.
          Over Occupancy:
          1. 1.
            If a homeless shelter is found to be over occupancy the owner of the property, the operator of the shelter, and/or the party responsible for overseeing shelter operations will be issued a written warning and provided 24 hours to bring total occupancy under the occupancy limits as listed in this section.
          2. 2.

            No further notice or warning is required to be given for an over occupancy violation in the event the property is again in violation within the following 12 months.

          3. 3.
            If the property is again over occupancy upon inspection by the City, the owner of the property, the operator of the homeless shelter, and/or the party responsible for overseeing homeless shelter operations shall be assessed a civil penalty. For a first violation, the civil penalty shall not exceed $750. For a second violation, the civil penalty shall not exceed $1,500. For a third or subsequent violation, the civil penalty shall not exceed $2,500. Payment of the civil penalty must occur within 14 days after issuance. It shall be unlawful to fail to pay any civil penalty assessed and may be punishable as set forth in Section 1-1-C-3.
          4. 4.
             Upon a third or subsequent violation of this section within a rolling twelve (12) month period, in addition to any civil penalty imposed, the Certificate of Occupancy may be revoked by the Community Development Director or their designee for a specified period not to exceed one year. Upon a second or subsequent revocation of the Certificate of Occupancy, the Community Development Director or their designee may revoke the Certificate of Occupancy for a specified period not to exceed five years.
          5. 5.

            Any property owner, operator of the homeless shelter, and/or party responsible for overseeing homeless shelter operations subject to revocation under this Section shall be ineligible for a Certificate of Occupancy to operate a homeless shelter during the term of revocation.

        3. c.
           Right to a Hearing: The owner of the property, the operator of the shelter, and/or the party responsible for overseeing shelter operations who has been assessed a civil penalty or had their Certificate of Occupancy revoked may, within ten (10) days thereafter, file a written notice of appeal from said decision, ruling, action or finding to the Lenexa Municipal Court for an administrative hearing thereon.
          1. 1.
            An administrative filing fee established through an administrative order by the Lenexa Municipal Court Judge shall be paid to the Lenexa Municipal Court and is required for an appeal to the Lenexa Municipal Court. No appeal shall be set for hearing until such fee has been paid.
          2. 2.

            The filing of an appeal under this Subsection shall not stay any action taken pursuant to this Chapter.

          3. 3.
            The hearing on the appeal shall be conducted by a Lenexa Municipal Court Judge who will sit as an administrative judge for purposes of this Title. The sole issue for determination shall be whether the decisions, rulings, actions, or findings of the Community Development Director or their designee were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.
          4. 4.
            The decision of the Lenexa Municipal Court Judge shall be final. 

    Effective on: 1/1/1901

    A

  • Agricultural Accessory Uses: In addition to the accessory uses specifically listed in subsection B of this Section, agricultural uses shall include accessory uses and activities customarily associated with agricultural operations, as determined by the Community Development Director.
  • Effective on: 1/1/1901

    R

  • Residential And Agricultural Accessory Uses: Residential and agricultural uses shall include, but not be limited to, the following accessory uses, activities and structures:
    1. Accessory apartments (reserved for future adoption);
    2. Accessory buildings and structures, subject to the standards of subsection F2 of this Section;
    3. Animals, (keeping of), subject to the standards of subsection F4 of this Section;
    4. Fences and walls, subject to the standards of subsection F5 of this Section;
    5. Garage, craft and sample sales, subject to the standards of subsection F6 of this Section;
    6. Garages, carports and off-street parking areas, subject to the standards of subsection F2 of this Section;
    7. Gates and guardhouses;
    8. Hobby activities, subject to the standards of subsection F7 of this Section;
    9. Home occupations, subject to the standards of subsection F8 of this Section;
    10. Play equipment, cabanas, gazebos and incidental household storage buildings;
    11. Radio and television receiving antennas and support structures, subject to the standards of subsection F10 of this Section;
    12. Subdivision recreational and play facilities for the use of residents;
    13. Satellite dish antennas, subject to the standards of subsection F11 of this Section;

    14. Solar energy systems, subject to the standards of subsection F12 of this Section;

    15. Swimming pools and hot tubs, subject to the standards of subsection F13 of this Section;

    16. Temporary Uses and Structures, subject to the standards of subsection F14 of this Section;

    17. Outdoor storage of items, objects, and structures, subject to the standards of subsection F15 of this Section;

    18. Storm Protection Area, subject to the standards of subsection F16 of this Section;

    19. Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director as a means of ensuring land-use compatibility; and 

    20. Small Wind Energy Conservation Systems, subject to the standards of subsection F17 of this Section.

  • Effective on: 1/1/1901

    C

  • Commercial And Office Accessory Uses: Commercial and office uses shall include, but not be limited to, the following accessory uses, activities and structures:
    1. Accessory buildings and structures, subject to the standards of subsection F2 of this Section; 
    2. Dwelling units, other than mobile homes, for security or maintenance personnel; 
    3. Fences and walls, subject to the standards of subsection F5 of this Section; 
    4. Gates and guardhouses; 
    5. Parking garages and off-street parking areas; 
    6. Radio and television receiving antennas and support structures, subject to the standards of subsection F10 of this Section; 
    7. Recreation areas and facilities for the use of employees; 
    8. Satellite dish antennas, subject to the standards of subsection F11 of this Section;  
    9. Solar energy systems, subject to the standards of subsection F12 of this Section; 
    10. Swimming pools and hot tubs for the use of employees, subject to the standards of subsection F13 of this Section; 
    11. Soliciting and general fund-raising activities may be conducted on sidewalks and entryways of businesses located in commercial zoning districts, and in limited retail business areas within the BP-1 and BP-2 Zoning Districts with permission from the business owner and the property owner, and provided such activities do not interfere with pedestrian and vehicular access
    12. Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use of the lot, subject to compliance with any development and performance standards imposed by the Community Development Director as a means of ensuring land-use compatibility;  
    13. Small Wind Energy Conservation Systems, subject to the standards of subsection F17 of this Section; and
    14. Temporary Uses and Structures, subject to the standards of subsection F14 of this Section.
  • Effective on: 1/1/1901

    I

  • Industrial And Business Park Accessory Uses: Industrial uses shall include, but not be limited to, the following accessory uses, activities and structures:
    1. Accessory buildings and structures, subject to the standards of subsection F2 of this Section;
    2. Dwelling units, other than mobile homes, for security or maintenance personnel;
    3. Fences and walls, subject to the standards of subsection F5 of this Section;
    4. Gates and guardhouses;
    5. Parking garages and off-street parking areas;
    6. Radio and television receiving antennas and support structures, subject to the standards of subsection F10 of this Section;
    7. Recreation areas and facilities for the use of employees;
    8. Satellite dish antennas, subject to the standards of subsection F11 of this Section;
    9. Solar energy systems, subject to the standards of subsection F12 of this Section;
    10. Swimming pools and hot tubs for the use of employees, subject to the standards of subsection F13 of this Section;
    11. Warehouse or inventory reduction sales for individual businesses located within the BP-1 and BP-2 Zoning Districts may be held no more than 4 times per calendar year and the duration of each sale shall not exceed 3 days. The dates and hours of operation shall compliment the schedule of surrounding businesses. One temporary facade sign may be utilized for the event. The size of the sign shall not exceed 5 percent of the facade area upon which it will be placed. The sign must be attached securely to the building so as not to allow movement of the sign by the atmosphere and may be placed on the site no earlier than 1 week prior to the event;
      1. Adequate off-street parking must be provided for the event. The parking utilized for the event must not create a shortage for any of the businesses for which the parking is required;
      2. The event must be continually monitored so as to prevent undue traffic congestion and to reduce accident potential;
    12. Manufacturer’s Or Warehouse Retail Outlets: Any use in the BP-1 and BP-2 Districts may incorporate a retail outlet of up to 10 percent of the floor area of the building, but no greater than 10,000 square feet. Uses located on an arterial or collector road may incorporate a retail outlet of up to 25 percent of the floor area. Retail outlets should be provided with a separate entrance convenient to a designated customer parking area that is segregated from truck loading and maneuvering areas;
    13. Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director as a means of ensuring land-use compatibility;  
    14. Small Wind Energy Systems, subject to the standards of subsection F17 of this Section; and
    15. Temporary Uses and Structures, subject to the standards of subsection F14 of this Section.
  • Effective on: 1/1/1901

    P

  • Public And Civic Accessory Uses: Public and civic uses shall include accessory uses and activities customarily associated with the purpose and function of the principal use, including, but not limited to, the following:
    1. Accessory buildings and structures, subject to the standards of subsection F2 of this Section;
    2. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, patients or visitors to the principal use;
    3. Fences and walls, subject to the standards of subsection F5 of this Section;
    4. Gift shops, newsstands and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients or visitors to the principal use;
    5. Recreation areas and facilities for the use of employees;
    6. Refreshment stands and food and beverage sales located in uses involving public assembly;
    7. Satellite dish antennas, subject to the standards of subsection F11 of this Section;
    8. Solar energy systems, subject to the standards of subsection F12 of this Section;
    9. Swimming pools and hot tubs for the use of employees, subject to the standards of subsection F13 of this Section;
    10. Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director as a means of ensuring land-use compatibility;
    11. Small Wind Energy Systems, subject to the standards of subsection F17 of this Section; and
    12. Temporary Uses and Structures, subject to the standards of subsection F14 of this Section.
    13. A church or place of worship may operate a Homeless Shelter as an accessory use, subject to the supplementary use regulations of Section 4-1-B-23-AK of this Article
  • Effective on: 1/1/1901

    A

  • Accessory Use Development And Performance Standards:
    1. Accessory Apartments: (Reserved for future adoption)

    2. Accessory Buildings And Structures:

      1. General:
        1. Floor Area: Unless otherwise provided in this Section, the total floor area of any 1 accessory building or structure, with the exception of bonafide agricultural structures, which includes buildings and structures used strictly for the housing of farm equipment, cattle or horse, hay, etc., shall not exceed the total ground floor area of the dwelling unit, inclusive of any attached garages. The total ground floor area of all accessory buildings and structures shall be in compliance with zoning district open space requirements.
        2. Appearance: Residential accessory buildings and structures that are larger than 200 square feet in area shall be constructed of quality materials and shall be compatible in design and character with the dwelling unit.
        3. Height: Residential accessory buildings and structures shall not exceed 25 feet in height.
        4. Vision Obstructions At Intersections: Accessory buildings and structures are subject to the requirements of Section 4-1-B-26 of this Article.
        5. Double-Frontage Lots: On a double-frontage lot where the rear property line abuts a collector or local street and where a house on adjacent property fronts on that street or where adjacent property has the potential to be subdivided into a lot which fronts on that street, an accessory building or structure shall be located no closer to the abutting street than a line established by the platted front building line of the adjacent property or, if unplatted, the distance from the street to the required front building line. However, the Planning Commission, at the time of the platting or Community Development Director thereafter shall have the authority to reduce the setback requirement, provided that safe visibility at driveways, the view to the street for the neighboring properties, and the general neighborhood character along the street are maintained. This determination shall take into consideration the height and opaqueness of the proposed accessory building or structure, the difference in elevation of the affected properties, and other existing site characteristics.
        6. Nonresidential Use In Residential Zoning Districts: Accessory buildings and structures for permitted or approved nonresidential uses in residential zoning districts shall follow the minimum property development regulations for the NP-O, Planned Neighborhood Office District, except that no accessory building or structure shall exceed 25 feet in height.
        7. Temporary Portable Storage Containers: Temporary portable storage containers in residential and agricultural zoning districts shall not be utilized as permanent accessory structures.
      2. AG, RE And RP-E Zoning Districts:
        1. Location: In order to maintain the open space character of these larger lots, accessory structures shall be subject to the zoning district property development regulations of this Chapter with the following exceptions:
          1. Residential accessory buildings and structures 200 square feet or smaller in area and no more than 10 feet in height shall be permitted within interior side and rear yard areas, provided that they maintain a minimum setback of 10 feet from the property line.
          2. On parcels which are larger than 1 acre, the Community Development Director may permit residential accessory buildings and carports to be located within the front yard area but behind the required front and side yard setback lines where the principal structures within the established neighborhood generally maintain greater setbacks or other similar design diversity has been established. Such buildings shall be constructed of quality materials and designed to be architecturally compatible with the dwelling unit.
      3. R-1, RP-1, RP-2 Zoning Districts:
        1. Location: Accessory buildings and structures shall be located in the rear yard, subject to the following requirements and exceptions:
          1. Side Yard: Accessory buildings and structures shall be permitted to occupy side yards provided that they comply with the zoning district’s setback requirements, are constructed with quality materials and are architecturally compatible with the dwelling unit.
          2. Parcels Larger Than 1 Acre: On parcels which are larger than 1 acre, the Community Development Director may permit residential accessory buildings and structures to be located within the front yard area, but behind the required front and side setback lines, where the principal structures within the established neighborhood generally maintain greater setbacks, or other similar design diversity has been established. Such buildings and structures shall be constructed of quality materials and designed to be architecturally compatible with the dwelling unit.
        2. Floor Area: The total floor area of any one accessory building or structure, with the exception of bonafide agricultural structures, which includes buildings and structures used strictly for the housing of farm equipment, cattle or horse, hay, etc., shall not exceed the ground floor area of the dwelling unit, inclusive of any attached garages. The total ground floor area of all accessory buildings and structures is subject to the following:
          1. Lots Less Than 1 Acre: The maximum allowed total ground floor area for all accessory buildings and structures shall not exceed 250 square feet in area for each 3,000 square feet of lot area up to a maximum of 1,500 square feet.
          2. Lots At Least 1 Acre But Less Than 2 Acres: The maximum allowed total ground floor area of all accessory buildings and structures shall be 2,000 square feet.
          3. Lots At Least 2 Acres But Less Than 5 Acres: The maximum allowed total ground floor area of all accessory buildings and structures shall increase from 1,500 square feet by 1,000 square feet for each full acre of lot size greater than 1 acre and on a pro rata basis for each fraction of a full acre.
          4. Lots 5 Acres or Larger: The total ground floor coverage for all accessory buildings and structures shall not be limited if the structures comply with the zoning district setback and open space requirements of this Chapter.
        3. Setbacks:
          1. Accessory buildings with a ground floor area no larger than 200 square feet and a height no taller than 10 feet shall be set back at least 5 feet from rear and side property lines. If the accessory building is taller than 10 feet, the setback shall be at least equal to the height of the structure, but need not exceed the minimum yard setback requirements for the zoning district in which it is located, unless otherwise required by this Chapter.
          2. All accessory structures, and those accessory buildings with a ground floor area greater than 200 square feet shall comply with the yard setback requirements for the zoning district in which they are located, unless otherwise required by this Chapter.
        4. Height: Residential accessory buildings and structures shall not exceed 25 feet in height.
        5. Appearance: Residential accessory buildings and structures that are larger than 200 square feet in area shall be constructed of quality materials and shall be compatible in character with the dwelling unit.
      4. All Other Zoning Districts: Except as noted below, accessory buildings and structures shall be subject to the property and planned development regulations of the zoning district in which they are located.

        Incidental buildings that do not exceed 200 square feet in area and 10 feet in height, such as guardhouses and mechanical buildings that require unique locations for functional reasons, may be permitted within required yard areas, provided that such structures shall be constructed with quality materials which are architecturally compatible with adjacent buildings and structures, and provided that they maintain a minimum setback of 10 feet from property lines.

    3. Accessory Retail Services In Office Buildings: The following ancillary commercial activities shall be permitted as accessory office uses in the CP-O District if the conditions set forth below are met: a) retail sale of convenience goods, including, but not limited to, pharmaceuticals, toiletries, tobacco, magazines and flowers; b) general restaurants; and c) barber and beauty care.

      1. The accessory commercial activities shall be located within the same building as a permitted principal activity and shall serve only the occupants of the building.
      2. The structure containing the principal activity shall have a minimum of 10,000 square feet of floor space devoted to the principal activity.
      3. The accessory commercial activities shall occupy no more than 10 percent of the gross floor area within the principal building.
      4. No signs or other external evidence of ancillary convenience uses shall be visible from a public street or adjacent lot.
      5. No direct exterior customer access shall be provided to the accessory retail service use.
    4. Animals:

      1. Domestic, Nonfarm Animals: The raising, keeping and breeding of domestic, nonfarm animals for purely noncommercial purposes shall be considered a permitted accessory use in residential zoning districts. Compliance with the animal control regulations of Title 3, Chapter 2 of the City Code shall also be required.
      2. Livestock and/or Poultry: The raising, keeping and breeding of livestock and/or poultry shall be permitted on AG, Agricultural District, zoned lots of at least three (3) acres in size. The raising, keeping and breeding of livestock and/or poultry for purely noncommercial purposes shall be permitted as an accessory use on AG-zoned lots of less than three (3) acres in size and on nonagriculturally zoned land only in accordance with the provisions of Title 3, Chapter 3-2 of this Code.
      3. Exotic/Wild Animals: Except as provided in Article 3-2-I of this Code, the keeping of exotic, wild, or hybrid animals is prohibited in all zoning districts. Compliance with the animal control regulations of Title 3, Chapter 3-2 of the City Code shall also be required.
      4. Bees: No bees or beehives shall be kept in any district except the AG, RE or RP-E Zoning Districts. Beekeeping operations shall also be subject to the regulations of Title 3, Chapter 3-2 of the City Code.
    5. Fences, Walls, and Retaining Walls:

      1. General
        1. Permit Requirements: 
          1. New or Replacement Fence, Wall, or Retaining Wall; All new and replacement fences, walls, or retaining walls require a permit prior to construction.  The permit application shall include a scaled and dimensioned plot plan showing the proposed fence, wall, or retaining wall along with all property lines, easements, setbacks, and structures.  The permit application shall also include details about the proposed fence, wall, or retaining wall, including materials, height, and design.  Additional information may be required on a case-by-case basis.
          2. Exceptions to Permit Requirement:  A permit is not required in the following instances: 
            1. When installing a decorative fence or wall in accordance with Section 4-1-B-24-F-5-b.
            2. When installing an agricultural fence or wall in accordance with Section 4-1-B-24-F-5-b.
            3. When installing a retaining wall less than 4 feet in height in accordance with Section 4-1-B-24-F-5-b.
            4. When replacing less than 50% of a single fence line with the same fence materials, height, and design, in the same location as the fence was previously permitted.  See Figure 5-A-1-B-4.
            5. Replacing a fence, wall, or retaining wall that was removed in order to complete work within an easement with the same materials, height, and design, in the same location as was previously permitted.
            6. Replacing non-structural components of an existing fence or wall, such as pickets.Figure 5-A-1-B-4: Determining fence lines
        2. Design and Installation Standards
          1. Materials must be durable and suitable for year-round outdoor conditions.
          2. Fence and wall posts shall be set in concrete footings with a minimum depth of 18 inches.
          3. Fences, walls, and retaining walls must be installed with the finished side facing outward and supporting elements on the inside, when applicable.  The Community Development Director shall have the authority to waive the requirement that a fence be constructed with a finished side facing outward from the property in unique situations where the topography, vegetation, or other site conditions screen the fence from the affected neighboring property.
          4. Retaining walls that retain in excess of 48 inches of unbalanced fill shall be designed by an engineer licensed in the State of Kansas and installed to ensure stability against overturning, sliding, excessive foundation pressure, rotational failure, and water uplift.  Design shall provide a minimum safety factor of 1.5 against sliding, overturning,  and rotational failure.  Retaining walls shall be designed by an engineer licensed in the State of Kansas to support lateral loads.
          5. Retaining walls that will be either periodically or permanently inundated with water shall be appropriately designed by an engineer in the State of Kansas to withstand said inundation.
          6. All fences, walls, and retaining walls shall be constructed to allow for proper surface drainage.
          7. Fence Requirement with Retaining Wall: A fence with a height between 42 inches and 72 inches is required to be installed directly on top of or within 18 inches of a retaining wall when the retaining wall is within three feet of a walkway and there is a drop of 30 inches or more.  The Community Development Director shall have the authority to approve an alternative barrier, such as shrubbery.
          8. Easements:
            1. Fences, walls, and retaining walls proposed within any easement require approval from the applicable entity.
            2. Fences, walls, and retaining walls must be installed in a manner that will allow access to dedicated easements.  A gate may be required to provide necessary access.
            3. Easements for retaining walls must be sufficient width to allow for maintenance of said wall to be performed fully within the easement.
            4. If the Community Development Director, or their designee, determines that any fence, wall, or retaining wall is negatively impacting any easement then the Community Development Director shall have the authority to require the relocation or removal of the fence, wall, or retaining wall.
            5. Fences, walls, and retaining walls constructed within the City or private easements may be altered or removed to allow access to utilities.  The property owner shall be responsible for the reconstruction and replacement of any fences, walls, and retaining walls that are altered or removed.
            6. Drainage Easements:
              1. Walls and retaining walls are prohibited within drainage easements.
              2. Fences are generally prohibited within drainage easements; however, fences may be allowed on a case-by-case basis depending on the impact and drainage.  Fences allowed within a drainage easement for conveyance must be open-style and have a minimum of 4 inches clearance between the bottom of the fence pickets and grade.
            7. Landscape Easements:  Fences, walls, and retaining walls proposed within landscape easements are subject to review and may be allowed on a case-by-case basis for the purpose of providing decorative buffering features between private property and public rights-of-way with collector, arterial, and freeway road classifications.
              1. Swimming Pool and Hot Tub Enclosures:  Swimming Pool and hot tub enclosures shall be installed pursuant to the standards of Section 4-1-B-24-F.
      2. Fence, Wall and Retaining Wall Requirements by Type
              Table 1:  Fence, Wall, and Retaining Wall Requirements by Type
         Type Zoning Districts Allowed Is a Permit Required Maximum Height4 Allowed Location AllowedMaterials Allowed 
         Fence/Non-Retaining Wall on Residential Property All residential zoning districts and mixed-use districts that include residential uses Yes 6'3

        · May be located on the side and rear1 property lines

        · Front yard: Cannot be closer to the front property line(s) than the front wall of the constructed building

        · Street-side side yards on corner lots: Privacy fences, open-style fences > 4’ tall, and walls shall meet the required setback from side streets. Open-style fences ≤ 4’ tall may be set back 15’ from the street-side side property line2

        · Wood

        · Aluminum

        · Steel

        · Wrought Iron

        · PVC

        · Chain-Link (without slats)

        · Masonry

        · Stone

        · Concrete





         Fence/Non-Retaining Wall on Non-Residential Property All non-residential zoning districts and mixed-use districts that do not include residential uses Yes 10'3
         Agricultural Fence / Non-Retaining Wall AG for Agricultural purposes No 6'· May be located anywhere on the property
         Decorative Fence / Non-Retaining Wall All zoning districts No 3'

        · ≤ 75% of the lot width. Cannot fully enclose the yard

        · May be located anywhere on the property
         Recreational Fence/Non-Retaining Wall All zoning districts Yes

         6' for private swimming pools;

        10' for other uses

        · 6’ fence or wall may be located on side and rear property lines

        · >6’ fence or wall must be minimum 15’ setback from property lines

        · Cannot be closer to the front property line than the front of the constructed building
         Underground Electric Fence All zoning districts No n/a

        · May be located anywhere on the property

        · Underground electric fencing
         
        Security Fence (Barbed Wire)
        AG for agricultural purposes No 8'

        · May be located anywhere on the property

        · Barbed Wire
         BP-1, BP-2, BP-S Yes 18'· On top of fences with a 6’ minimum height· 3 Horizontal Strands of Barbed Wire
         All zoning districts Yes  Per Planning Commission approval in conjunction with a site plan or Special Use Permit

        · Barbed Wire

        Razor WireProhibited
        Retaining Wall <4' Tall4All zoning districtsNo<4'; shall not be >6" above retained surface· May be located anywhere on the property with minimum 2’ setback from property lines

        · Masonry

        · Stone

        · Concrete

         

        Retaining Wall ≥4’ Tall4All zoning districtsYes10' of exposed wall per tier; shall not be >6" above retained surface

        · May be located anywhere on the property with minimum 2’ setback from property lines; however, a greater setback may be required depending on the design of the retaining wall

        · Tiers shall be separated by at least 3’

        1Rear Setback: Fences constructed within a designated residential fence/wall buffer area or land use buffer area must comply with the location shown on the approved plan.  On a double-frontage lot where the rear property line abuts a collector or local street and where a house on adjacent property fronts on that street or where adjacent property has the potential to be subdivided into a lot which fronts on that street, the rear yard fence of the double-frontage lot shall be located no closer to the abutting street right-of-way than a line established by the platted building line of the adjacent property or, if unplatted, the distance from the abutting street right-of-way to the required front building line.  However, the Community Development Director shall have the authority to reduce the required rear fence setback for such a double-frontage lot, provided that safe visibility at driveways, the view to the street for the neighboring properties, and the general character of the neighborhood along the street are maintained.  This determination shall take into consideration the height and opaqueness of the proposed fence, the difference in elevation of the affected properties, and other existing site characteristics.

        2Provided that the fence does not impede safe visibility for pedestrians and vehicles as determined by the Community Development Director.  See Figure 5-B-1-A and Figure 5-B-1-B.

        3When a fence or wall is located within 3' of or directly on top of a retaining wall, the height of the fence/wall plus the height of the retaining wall shall not exceed 10'.  See Figure 5-B-1-C.

        4Height Measurements.
        Fence/Wall Height: Fence/wall height is the vertical distance measured from the adjacent grade to the top of the fence posts or panels, whichever is higher.

        Retaining Wall Height: Height of a retaining  wall for determining whether engineering is required is defined as the distance between the bottom of the footing to the top of the wall, regardless of the amount of exposed wall.  Height of a retaining wall in relation to maximum height allowed in Table 1 above is the vertical distance measured from the adjacent grade to the top of the wall.

        Figure 5-B-1-A (Showing R-1 Setbacks for illustrative purposes)

        Figure 5-B-1-A (Showing R-1 setbacks for illustrative purposes)

         

        Figure 5-B-1-B

        Figure 5-B-1-B (Showing R-1 setbacks for illustrative purposes)

         

        Figure 5-B-1-C

        Figure 5-B-1-C

         

      3. Deviations from Strict Compliance
        1. Deviation Approval:  It is recognized that site conditions vary greatly among sites and that the design, scale, and character of neighborhoods is varied.  The Planning Commission shall have the authority to approve deviations from strict compliance with the regulations of this subsection at the time of initial project review for planned districts and the Community Development Director shall have the same authority for administrative plan and permit approvals, provided that the purpose and intent of this subsection is met.  Deviations shall be clearly identified on plans submitted for plan and permit approval.  The criteria to be considered by the Planning Commission and Community Development Director shall include, but not be limited to:
          1. Purpose and intent of the Code.
          2. Impact on adjacent properties.
          3. Safety.
          4. Unique site conditions and constraints.
          5. Promotion of high quality or unique design.
          6. Character of the neighborhood. 
    6. Garage, Craft And Sample Sales: Garage sales, craft sales and manufacturers' sample sales shall be a permitted accessory use in the residential zoning districts; provided, that:

      1. No more than 2 sales events shall be conducted on the premises in any calendar year;
      2. No sales event shall be conducted for longer than 4 days duration;
      3. Sales events may be conducted during the daylight hours only; and
      4. The sign regulations set forth in Section 4-1-E-4-N of this Chapter shall be followed.
    7. Hobby Activities: Hobby activities shall be permitted as an accessory residential use by the occupant of the premises when conducted purely for personal enjoyment, amusement or recreation and when the activity does not conflict with any City ordinance.
    8. Home Occupations: A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered, as an economic enterprise. Such use shall be clearly incidental or subordinate to the residential use of a dwelling. A home occupation shall be considered an accessory use, subject to the following standards:

      1. Intent: These home occupation standards are intended to permit the establishment of certain incidental and accessory home occupation uses in residential neighborhoods under conditions that will ensure their compatibility with the residential character of the neighborhood. They are intended to permit residents to engage in home occupations that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. Use of a dwelling as a “Hotel or Motel” as defined in Section 4-3-C-3 of this Code shall not be allowed as a home occupation. The standards of this section shall not apply to a “Day Care” as defined in Section 4-3-C-2 of this Code.

      2. Employees: No more than 1 other person in addition to members of the family residing on the premises shall be engaged in the home occupation at the place of residence.
      3. Size: A home occupation shall be clearly incidental and subordinate to the residential use of the dwelling unit, and no more than 25 percent of the total floor area of the dwelling including garage and basement space, shall be used for the home occupation. If more than 1 home occupation is operated in the residence, the combined total square footage devoted to the home occupations shall not exceed 25 percent of the total floor area of the dwelling including garage and basement space.
      4. Appearance: There shall be no change in the exterior appearance of the dwelling unit or other visible evidence of the conduct of the home occupation.*
        *See Section 4-1-E-4-V (Home Occupation Signs) of this Chapter.*
      5. Landlord Consent: Any person applying for a business license for a home occupation that will take place within a rental property shall submit written consent signed by the owner of the rental property.
      6. Hours Of Operation: A home occupation may attract business-related vehicular and pedestrian visits only between the hours of 6:00 A.M. and 9:00 P.M.
      7. Traffic: A home occupation shall not generate more than 6 round-trip vehicular trips per day.
      8. Parking: No parking in the public right of way shall occur as a result of the home occupation except for occasional business gatherings as permitted in this subsection.
      9. Entrance: No separate street-side entrance for the exclusive use of the home occupation shall be permitted.
      10. Nuisances: A home occupation shall not create noise, dust, heat, smoke, odor, vibration, electrical interference, glare, light or radio or television transmission interference that exceeds levels normally associated with single-family dwellings. The production, dumping or storage of combustible, toxic or other hazardous substances shall be expressly prohibited on the site of the home occupation, unless approved by the City in writing.
      11. Business Gatherings: The standards of this subsection shall not be interpreted to prohibit occasional group gatherings, such as recitals or demonstrations; provided, that such gatherings occur during the hours of operation specified in this subsection F8, and provided that they do not occur more than twelve times per year.
      12. Business License: A business license shall be required for the operation of a home occupation. The Community Development Director shall have the right to place stipulations and restrictions on the approval of the business licenses for home occupations to ensure the home occupation operates in a manner consistent with the intent of this section as set forth in subsection (a) above.
      13. Violations. Any person found to be in violation of the provisions of this Section relating to home occupations shall be notified in writing by the Community Standards Officer, or his or her designee, by regular U.S. mail, personal service, or publication and posting, in accordance with Section 3-5-H-7. In addition, the enforcement process for home occupation violations shall be executed in accordance with the property use and maintenance code enforcement process set forth in Title 3, Chapter 5-H; provided, however that the City's remedy for a third violation of these home occupation regulations within a twenty-four (24) month period shall be the revocation of permits and licenses in accordance with Section 4-1-B-24-F-8n.
      14. Enforcement Process; Multiple Violations; Revocation. Penalties for violations of this Section shall escalate in severity for each successive violation within the immediately preceding two (2) year period, as follows:
        1. First And Second Violations: Enforcement actions for the first two (2) violations of this Section period shall be executed in accordance with the property use and maintenance code enforcement process set forth in Title 3, Chapter 5-H.
        2. Third Violation: Enforcement actions for the third violation of this Section within a twenty-four (24) month period shall implement the notice and hearing components set forth in Title 3, Chapter 5-H. In addition, the business license issued for the home occupation may be revoked and, if revoked, shall not be reissued for a period of at least two (2) years from the date of revocation.
    9. Outdoor Retail Display In Commercial Zoning Districts:

      1. Retail businesses shall be allowed to maintain outdoor retail displays of organic seasonal products, such as firewood, bedding plants, Christmas trees, pumpkins, and landscape plants. Except as set forth in Section 4-1-B-25-B-1-f, this provision does not allow the outdoor retail display of the following types of seasonal landscape material: mulch, chips, rocks, fertilizer, potting soil, pots, pesticides, etc. Retail businesses shall not be allowed to maintain outdoor retail display for other seasonal products.
      2. Each business shall be limited to 2 outdoor vending-type machines, such as ice machines, LP gas cylinder exchanges, soft drink dispensers and children's rides. This provision shall not apply to newspaper vending machines
      3. No outdoor retail display permitted by this subsection shall interfere with pedestrian or vehicular access or parking.
    10. Radio And Television Antennas:

      1. Purpose And Intent: The purpose and intent of this subsection is to provide for the safe and effective installation and operation of amateur radio, citizens band radio and television antenna support structures and the beam antennas installed on those support structures. It is also the purpose and intent of this subsection to provide for a reasonable accommodation of amateur radio communications, in accordance with parts 95 and 97 of chapter 1 of title 47 of the Code of Federal Regulations, while reflecting the City's legitimate interest in protecting and promoting the health, safety, welfare, neighborhood aesthetics and morals of its citizens. The standards in this subsection are intended to place reasonable safety and aesthetic precautions on the installation and erection of such antennas and antenna support structures and to represent the minimum practicable regulation necessary to protect and promote the health, safety and welfare of the public. The regulations are not, however, intended to unduly restrict or preclude amateur radio communications.
      2. Applicability: All amateur and citizens band radio and television transmission and receiving antennas, excluding satellite dish antennas, shall be governed by the standards of this subsection.
      3. Residential Districts: In the residential districts, all antenna support structures which have a height of more than 35 feet above grade level, including the antenna installed on the support structure, shall be considered a special use requiring review and approval pursuant to the standards of Article 4-1-G of this Chapter. Antenna support structures which have a height of 35 feet or less above grade level, including the antenna installed on the support structure, shall be considered a permitted accessory use.
      4. Nonresidential Districts: In the nonresidential districts, all antenna support structures which extend more than 12 feet above the highest point of the principal structure, including the antenna installed on the support structures, shall be considered a special use requiring review and approval pursuant to the standards of Article 4-1-G of this Chapter. Antenna support structures which extend 12 feet or less above the highest point of the principal structure, including the antenna installed on the support structure, shall be considered a permitted accessory use.
      5. Location: All antennas and antenna support structures shall comply with these location standards:
        1. Setbacks: All antenna support structures and the beam antennas installed on those support structures, including all elements or parts thereof, shall conform to the minimum yard setback standards of the district in which it is to be located.
        2. Support Structure Location: In addition to complying with the district setback standards, antenna support structures shall be located on the property so as to provide a minimum distance equal to 50 percent of the height of the tower from aboveground utility power lines other than applicant's service lines or a break point certified by a professional engineer or as evidenced by the manufacturer's specifications. In addition, no antenna support structure shall be located in the front yard.
        3. Anchor Location: All antenna support structure supports and peripheral anchors shall be located entirely within the boundaries of the property, and if closer than 5 feet to property under different ownership and if such support or anchor extends greater than 3 feet above ground, it shall be effectively screened from view from abutting properties and shall extend no greater than 6 feet above ground.
        4. Limitation: No more than 1 antenna support structure shall be allowed on any residential lot.
    11. Satellite Dish Antennas: The provisions of this subsection shall apply to the installation, location and screening of satellite dishes and accessories except where the Federal Communications Commission (FCC) has preempted regulation of small antennas, which are defined as Direct Broadcast Satellite (DBS) antennas 1 meter or less in diameter. It is the intent of these requirements to further the community’s health, safety, welfare, and aesthetic objectives; to provide for timely installation of satellite dish antennas; and to allow reasonable flexibility in locating and screening the antennas to optimize reception or transmission while maintaining accepted community aesthetic standards. Locational restrictions of accessory structures such as satellite dish antennas are intended to ensure safety and to minimize obstruction of views and open space from adjacent properties. Screening and locational requirements are intended to minimize the visual impact of larger satellite dish antennas and to set aesthetic standards that are comparable to that required for other accessory structures in commercial and industrial zoning districts, such as dumpsters and mechanical equipment, and to be more compatible with the nonobtrusive structures that are commonly found in residential neighborhoods.

      1. General Requirements Applicable To All Satellite Dish Antennas Unless Indicated Otherwise:
        1. Permanent Installation Required: Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation and shall not be installed on a portable or movable structure, such as a trailer.
        2. Location: Satellite dish antennas shall be located so they do not interfere with safe visibility at street intersections or driveways, do not obstruct movement of vehicles or pedestrians, or block building entries and shall not be located in any manner that interferes with or creates a hazardous condition with utilities or other structures.
        3. Appearance: To the extent permitted by operational requirements, satellite dish antennas, except those that are 1 meter or less in diameter, shall be of a color that blends with the surroundings. No signs, advertising or business identification other than the manufacturer’s labeling shall be permitted on the dish or screening.
        4. Cables: All cables and lines serving ground-mounted satellite dish antennas shall be located under ground.
        5. Electromagnetic Interference: Each satellite dish antenna shall be filtered or shielded to prevent the emission of radio-frequency energy that would cause any harmful interference with the radio or television reception or broadcasting on adjacent properties. In the event the interference is detected after installation of the satellite dish antenna, the owner of the unit shall immediately take steps to eliminate the interference.
        6. Construction, Installation And Operation: The construction, installation and operation of satellite dish antennas shall comply with all Federal, State and local regulations.
        7. Permits Required: Satellite dish antennas greater than 1 meter in diameter shall require a building permit and payment of the fee adopted by the City Council. Direct Broadcast Satellite dish antennas 1 meter or less in diameter generally do not require a building permit and payment of fees, except as indicated in subsection F11d of this Section. A plot plan drawn to scale and specifications, such as property lines, setbacks, building location, utility easements, accessory structures, fences, trees and proposed screening methods along with detailed information about the proposed dish and method of installation shall be submitted with the permit request. The permit shall be approved, approved with conditions, or denied by the Community Development Director.
        8. Maintenance Specifications: Satellite dish antennas shall be properly maintained. Exposed surfaces, including the dish, brackets and any supporting members, shall be kept clean and painted as necessary to achieve a well maintained appearance in keeping with all approvals. The Community Development Director shall have the right to order the repair or removal of any satellite dish antenna that is damaged, deteriorated or no longer in use.
      2. Residential And Agricultural Districts: The following additional standards shall only apply to satellite dish antennas that are greater than 1 meter in diameter within the residential and agricultural districts:
        1. Number, Mounting And Height: One satellite dish antenna greater than 1 meter in diameter shall be permitted per parcel. Satellite dish antennas shall be ground-mounted and shall not exceed a total height of 12 feet.
        2. Location And Setbacks: Satellite dish antennas shall be located within the rear yard and shall be set back a distance inside all property lines at least equal to its height, but not less than 5 feet from the property line.
        3. Screening Of Ground-Mounted Antennas: A satellite dish antenna shall be screened so as not to be readily visible from surrounding properties or any public rights of way. The screen may consist of structures, fences, plant materials and/or earth berms which are located to conceal at least the sides and rear of the antenna and its support. A solid perimeter fence with a minimum height of 6 feet installed around the yard in which the antenna is located is deemed to satisfy these screening requirements. If plant materials are used to provide screening, the type used shall effectively screen the antenna throughout the year. The plants shall have a minimum height of 5 to 6 feet at the time of initial planting and must be spaced appropriately to achieve the screening.
      3. Nonresidential Zoning Districts: The following additional standards shall only apply to satellite dish antennas that are greater than 1 meter in diameter within the nonresidential zoning districts:
        1. Size: Retail commercial sites may utilize an antenna that does not exceed 12 feet in total height. Broadcasting studios, offices, manufacturing and warehouse uses may utilize larger antennas up to the maximum building height permitted on the site; however, the overall height of roof-mounted antennas shall not exceed 12 feet over the maximum permitted building height on the site.
        2. Number: Multiple satellite dish antennas may be permitted; however, multiple antennas over 12 feet in total height shall be approved only through final plan review by the Planning Commission.
        3. Location And Setbacks: A ground-mounted satellite dish antenna shall be permitted on any portion of the lot, except between any right-of-way line and the corresponding building line. The antenna shall be set back inside any property line a distance at least equal to its height, but not less than 5 feet from the property line.
        4. Roof-Mounting: A roof-mounted satellite antenna shall be permitted; provided, that it is in scale with the overall building mass and the specific location at which it is installed. As a guideline to proper scale, the visible height of the antenna should be no more than 25 percent of the height to the top of the underlying building edge or screen, and no more than 25 percent of the width of the underlying building edge or screen. Regardless of scale requirements, the building edge or screening should obscure the lower part of the support structure and all accessory equipment from ground-level views within 1,000 feet of the antenna. The criteria of this subsection may be varied in the case of irregularly shaped buildings or other unique installation locations as long as the overall intent of this subsection is met.
        5. Ground-Mounted Installation: A ground-mounted installation shall include installation of fencing, berming or landscaping to accomplish the following:
          1. Complete screening of all accessory equipment and the lower part of the support structure.
          2. Screening at the rear and sides of the structure, at an elevation and size equal to the height of the highest portion of the structure, in order to break down the scale of the dish itself.
          3. Installation of landscape material in the vicinity of the structure so as to, at least, partially obscure the view of the dish from all off-site rights of way and public areas of private property.
        6. Off-Site Satellite Antenna Locations: Satellite antennas may be located on a different site from the building they serve, when written permission is granted by the owner of the proposed property where the antenna is to be located.
      4. Small Satellite Dish Antennas: In addition to the general requirements of this Section, the following supplementary standards shall apply to satellite dish antennas that are 1 meter or less in diameter within all zoning districts:
        1. Location: Every effort should be made to install satellite dish antennas that are 1 meter or less in diameter in a location that is not visually obtrusive from neighboring properties or the public right of way.
        2. Building Permit: In order to protect public safety, a building permit may be required if any of the following occurs:
          1. The installation requires electrical service of 110 volts or greater.
          2. A ground-mounted antenna is to be installed a distance from a property line that is less than the overall mounted height of the dish.
          3. A roof-mounted antenna will extend more than 12 feet above the surface on which it is mounted.
      5. Deviations: Requirements for overall height, location, setback, ground-mounting, and screening of any satellite dish antenna may be modified or waived by the Community Development Director in cases where unique site conditions prevent reasonable reception or transmission and where compliance with these provisions would impair signal reception. In addition, the Community Development Director may modify or waive screening requirements for satellite dish antennas where the antenna’s material, color, and placement diminish its visibility to the same extent that other screening elements would. The Community Development Director shall consider the following criteria in acting upon a request for deviation:
        1. The deviation shall be in compliance with the general purpose and intent of the City’s satellite dish antenna regulations.
        2. The deviation shall not create a safety hazard.
        3. The placement, color, and screening of the satellite dish antenna shall minimize the visual impact on adjacent properties and minimize obstruction of views and open space from adjacent properties.
        4. The deviation from the satellite dish antenna regulations shall be the least amount necessary to provide reasonable satellite dish antenna reception or transmission.
    12. Solar Energy Systems: The provisions of this subsection shall apply to the design, construction, installation, alteration, materials, location, repair and removal of solar systems and accessories connected, attached or adjacent to a building or structure. The provisions of this subsection relate to solar energy systems and component requirements similar to those provided in the Building Code.* Solar energy systems, whether active or passive, shall be designed to be compatible with the surrounding neighborhood and shall comply with the following standards:
      *See Article 4-8-D of this Title.*

      1. Maintenance And Access: Solar energy system components shall be accessible for required routine maintenance without trespassing on adjoining property or disassembling any major portion of the structure of a building or appurtenance.
      2. Location: Solar energy system components shall not be located so as to interfere with the operation of required doors, windows or other building components. Provision shall be made over pedestrian and vehicular ways to protect those areas from sliding snow or ice. Solar energy systems may be placed in the side or rear yards of any lot; provided, that the required setback distances are observed. In no instance shall solar energy systems be placed any closer to the front lot line than the front of the building or buildings erected upon said lot.
      3. Compliance With Building Code: Solar energy system components shall be constructed or installed in accordance with Article 4-8-D of this Title.
      4. Roof-Mounted Equipment: Solar energy systems, when mounted or placed atop the roof of a structure, shall conform to the following requirements:
        1. New Construction:
          1. Residential And Agricultural Zoning Districts: In the residential and agricultural zoning districts (R-1 through RP-5 and AG), solar energy systems shall be incorporated as a building component of the roof of a structure or otherwise integrated into the roof so that the device forms a part of the roof itself. Placement above or away from the roof line in "standoff" or "rack" mounting arrangements shall not be permitted.
          2. Commercial And Industrial Zoning Districts: In the commercial and industrial zoning districts solar collection systems may be mounted upon any roof section of a structure; provided, that the height of the device shall not project more than 3 feet above the height of the corresponding roof line. All mounting arrangements must be screened from the adjacent public right of way.
        2. Residential Retrofit:
          1. Domestic Hot Water Systems:
            1. Collector Surface Area: The collector surface area for solar energy systems shall be limited to a maximum of 120 square feet for each residential lot.
            2. Location And Placement: The device may be placed on any roof section of a structure; except, that part of the roof which provides the most direct exposure or greatest visibility to the front lot line and the adjacent public street right of way.
            3. Height: The device shall be placed so that its highest point does not exceed the highest elevation of the corresponding roof line of the structure by a distance greater than 3 feet. Where the roof section provides direct exposure or greatest visibility to the front lot line and the adjacent public street right of way, then the following restrictions shall apply:
              1. The apparatus shall not project above the ridge line or beyond the hip or gable of the roof when viewed from the front lot line or adjacent public street right of way;
              2. All points of the lower edge of the collector shall not extend more than 18 inches above the roof; and
              3. For rack-mounted apparatus, the rack only shall be enclosed in such a way as to be architecturally compatible with the existing roof. The enclosure shall in no way interfere with the safety and efficiency of the solar apparatus.
            4. Framing Materials: All framing shall be rust treated or of nonrusting materials.
          2. Systems With Space Heating Applications: The installation of solar systems with space heating applications shall be approved in accordance with Article 4-1-H of this Chapter.
          3. Existing Solar Energy Systems: Existing solar energy systems shall be permitted to have their existing use continued, provided their use and maintenance is not a hazard to life, health or property. Conditions that endanger life, limb, health or property shall be abated by repair, rehabilitation, demolition or removal in accordance with the provisions of Article 4-8-E of this Title.
    13. Swimming Pools And Hot Tubs: Outdoor swimming pools, hot tubs and spas shall be enclosed by a fence or wall with a self-latching gate. The fence or wall shall have a minimum height of 4 feet. The fence shall be constructed so as not to allow a 4 inch diameter sphere to pass through the fence. Enclosing the entire yard containing the swimming pool, hot tub or spa in accordance with these requirements shall satisfy the intent of this subsection. In addition, rigid hot tub covers, latched in place when not in use, shall be permitted in lieu of required hot tub fencing. Swimming pools, hot tubs and spas shall be set back at least 5 feet from all side and rear lot lines, as measured from the water's edge, and shall not exceed the size of the dwelling unit.
    14. Temporary Uses and Structures: The following temporary uses and/or structures are subject to the regulations contained within this section, with the exception of temporary banking facilities which are regulated separately under Section 4-1-B-23-AA.

      1. Temporary Construction Site Office and/or for Storage: Temporary construction site office(s) and/or storage, including modular offices and trailers are permitted on the same site as a single-family lot, commercial, industrial, or multi-family construction project possessing a valid building permit. Temporary construction office(s) may be occupied for construction office purposes or used for storage of equipment and material used during development of the site. All temporary structures must meet required setbacks for accessory structures. Such temporary structure(s) must be well maintained by the developer, property owner, or contractor or his or her designee. Failure to comply may result in the applicant being ordered to remove or relocate the temporary structure(s). The temporary structure(s) shall be removed within 30 days after issuance of a final Certificate of Occupancy or expiration of the building permit for said project, whichever first occurs. No hazardous materials or wastes of any kind may be stored unless otherwise approved by the Kansas Department of Health and Environment.
      2. Temporary Sales Office: A temporary sale offices for a new development shall be permitted for the purpose of selling properties or memberships when located within an approved structure, i.e. model home, apartment, trailer, pursuant to a valid permit for said residential or non-residential development. The temporary structure must meet applicable building and fire code requirements, i.e. anchoring, ADA ramps, access. The temporary sales office structure shall be removed within 30 days after issuance of a temporary Certificate of Occupancy or expiration of the building permit for said project, whichever first occurs.
      3. Temporary Portable Storage Containers: Temporary portable storage containers shall be permitted by the property owner or tenant of said residential property for temporary storage, or by commercial/ industrial property owners or tenants for the temporary storage of inventory provided they can meet the following regulations listed below. Portable containers cannot be used as temporary construction site offices, sales offices or by third-parties for storage. Roll-off bins or dumpsters are not considered temporary portable storage containers.
        1. Residential and Agricultural zoned lots developed with a principle structure:
          1. Temporary portable storage containers are permitted for a period not to exceed a total of 30 days within any calendar year. The Community Development Director is authorized to grant additional time for temporary portable storage containers, when requested in writing.

          2. Temporary portable storage containers must be located on private property and a paved surface, and may not obstruct any city right-of-way, sidewalks or interfere with the normal operations of the permanent use on the property.

          3. The maximum allowable size for temporary portable storage containers shall be 160 square feet with an overall length not to exceed 20 feet or height of eight (8) feet.

          4. Rail cars, semi-trailers, or other similar structures may not be used for temporary storage.

          5. The temporary portable storage containers shall be weather resistant, and made of a high quality/commercial grade material intended for outdoor use and be water tight.

          6. All temporary portable storage containers shall be delivered and maintained in good condition, free from rodents, insects, or graffiti. It shall be the responsibility of the property owner or tenant and the supplying company to maintain the portable storage containers.

        2. Commercial or Industrial zoned lots developed with a principle structure: Temporary portable storage containers shall be allowed for the storage of seasonal merchandise for no more than 60 days within any calendar year and must be located out of street right-of-way and public view.

      4. Temporary Structures for Elementary and Secondary Schools: Temporary structures for the use of elementary and secondary schools shall be permitted in any zoning district; provided:

        1. The temporary structure is placed on an active elementary or secondary school campus where students or members are in attendance.
        2. The temporary structure is not located within any required parking or landscape area.

        3. A staff approved all weather surface is provided for access to the temporary structure.

        4. The applicant provides a parking study demonstrating the existing parking facilities can accommodate the additional classrooms or space, or how additional parking spaces can be provided, per City code.

        5. The temporary structure must meet applicable fire and building code requirements, as well as other applicable development regulations.

        6. The applicant and City enter into a Development Agreement inclusive of a phasing plan, requirements for maintenance and/or repairs, and duration of the temporary structure.

        7. A separate building permit is not required for the temporary structure, but a temporary structure will only be allowed in conjunction with a building permit for improvements and/or expansion to an existing permanent school structure located on the campus property.

        8. The temporary structure shall be removed within 2 years of issuance of a building permit or upon expiration of the building permit for said project, whichever first occurs. The Community Development Director is authorized to grant additional time for a temporary structure, when requested in writing.

    15. Outdoor Storage Associated with Residential Uses:

      1. No property owner or resident shall allow the placement, storage, installation, or construction of any item, object or structure on any property zoned or used for residential purposes, including the RE, RP-E, R-1, RP-1, RP-2, RP-3, RP-4, RP-5, and AG districts, except as specifically permitted by this Section.
      2. An item, object, or structure not specifically permitted by this Section shall be considered to be placed, stored, or installed on the property if it remains on the property and is not properly enclosed or screened for a period in excess of forty-eight (48) hours.
      3. Outdoor Storage Specifically Permitted: The following items, objects, or structures are specifically permitted and are exempt from the enclosure and screening requirements set forth in this Section:
        1. Any item, object, or structure permitted under the provisions of the applicable zoning district regulations established in Article 4-1-B or the applicable accessory use regulations established in Section 4-1-B-24 of the Code, if in full compliance with the authorizing provision.
        2. Authorized Trash Containers. An "authorized trash container" is one that has been designed and manufactured specifically for storage of solid waste and is leak proof and waterproof. That container shall be closed at all times except when depositing waste therein or removing the contents thereof. Containers shall be a light weight and of sturdy construction and shall not exceed 90 gallons in capacity.
        3. Firewood, neatly stacked and free of insects and vermin; provided, that its storage shall be at least three feet (3') from the property line if it is bounded by a wooden fence on an adjacent property owned by another person, and, furthermore, its storage shall not be at any location on the property that is closer to a street than the nearest primary wall surface of the residence. For the purposes of this Section, "primary wall surface" shall mean any exterior wall surface of the residence that is visible from the street and not perpendicular to the street, but excluding porches, carports and minor building projections such as fireplaces or bay windows.
        4. Outdoor play equipment, patio furniture, barbecue grills, dog houses, lawn ornaments, garden hoses and sprinklers; provided, that these items must be specifically manufactured for outdoor use and in working/useable condition.
        5. Outdoor building materials for a home/lawn improvement project, not requiring a building permit, may be stored outside in a neat and orderly manner for a period not to exceed thirty (30) days. Examples of such items include, but shall not be limited to, fencing, lumber, masonry, dirt, sand, and gravel. Building materials stored in conjunction with an active building permit must be stored in a neat and orderly manner.
      4. Screening or Enclosure Required for Other Items Not Specifically Permitted:
        1. Any item, object, or structure not specifically authorized in Section 4-1-B-24-F-15c, above, must be located either within a fully enclosed structure or in the rear yard and substantially screened from view from any adjacent property at ground level by a wall or fence. The Community Development Director may approve mature landscape materials as acceptable substantial screening if he/she determines that it provides the substantial equivalent of approved fence or wall materials. Fence or wall materials shall be of a type, material and quality compatible with the immediate neighborhood, as determined by the Community Development Director. Fencing or walls, adequate to prevent viewing of outdoor items from adjacent properties at ground level, may be used for screening purposes provided they are constructed and maintained in compliance with City Code and comply with primary structure setback requirements for the zoning district. Common examples of items that require screening include, but shall not be limited to, garden equipment/tools, lawn mowers, edgers, wheelbarrows, saw horses, storm windows, snow removal equipment, and ladders.
        2. Compost Piles: Residential compost must be stored in a container manufactured or constructed so as to contain all materials and permit turning to aerate the materials. The container and contents must be stored in the rear yard and screened from the view of adjacent properties at ground level. The container and contents must be maintained in a neat and sanitary condition and be free of odor.
        3. Notwithstanding any other applicable provision, permitted items, objects, or structures shall occupy no more than twenty percent (20%) of the allowable outside storage area. In measuring the area occupied by these permitted items, objects, or structures to determine if the twenty percent (20%) outside storage area is exceeded, a rectangle shall be drawn to include all points where any such item, object, or structure is located, and the area shall be calculated to include all that area within the rectangle. This method of calculating area shall not apply to those items specifically authorized in Section 4-1-B-24-F-15c above.
      5. Outdoor Storage Expressly Prohibited: The following items, objects, or structures are expressly prohibited from outdoor storage: appliances, furniture or items not manufactured for outdoor use, any item in disrepair, accumulation of yard waste (except as permitted in Section 4-1-B-24-F-16d2), vehicle parts or tires, business equipment, machinery or supplies (except in an AG district as permitted by Section 4-1-B-4-G-4), and building materials (except as permitted in Section 4-1-B-24-F-16c5).
    16. Storm Protection Area: Storm protection areas for any new residential development for which a preliminary plan/plat application is approved by the Planning Commission after December 1, 2005, shall be a permitted accessory use when located with such development.

      1. Storm Protection Areas shall comply with Federal Emergency Management Agency - Publication 320 (Taking Shelter From the Storm) or Publication 361 (Design and Construction Guidance for Community Shelters).
    17. Small Wind Energy Conversion Systems (WECS)

      A Small WECS may be located in any zoning district within the city as an accessory use provided all conditions in this section are satisfied.

      1. Location on the Property:
        1. Residential Zoning Districts: The Small WECS may not be located in any required or established front or side yard.
        2. Agricultural, Commercial, and Industrial Zoning Districts: The Small WECS may not be located in any required front or side yard.
      2. Number of Units: One Small WECS may be in addition to any other accessory structure located on the property. With respect to the total number of accessory structures located on a property, the WECS shall be counted as a single accessory structure. More than one Small WECS may be placed on properties zoned other than RE, RP-E, R-1, RP-1, and RP-2 with approval of a Special Use Permit .
      3. Height: All Small WECS, both roof/building mounted and ground mounted, shall comply with the maximum height restrictions for the applicable zoning district. Small WECS proposed to exceed the maximum height restrictions may be allowed subject to approval of a Special Use Permit. For roof/building mounted Small WECS, the total height of the building and Small WECS shall be considered when measuring the overall height. The highest point of the Small WECS structure, including blades, if applicable shall also be included as part of the overall height. The height for ground mounted Small WECS shall be measured from average grade at the tower base to the highest point of the Small WECS structure, including blades, if applicable.
      4. Blade Design: Only propeller-style Small WECS may be considered as an accessory use. All other blade or collection styles may be allowed subject to approval of a Special Use Permit.
      5. Setback: All Small WECS shall comply with the minimum property line setback requirements for the applicable zoning district or be set back from the property line a distance greater than or equal to the overall height of the Small WEC, including blades, whichever is greater. Setback requirements shall not apply for roof/building mounted Small WECS. The setback of the building shall be considered as satisfying the setback requirement for the Small WECS.
      6. Design and Aesthetics: Small WECS shall be painted a non-reflective, non-obtrusive color or a color that conforms to the environment and architecture of the community.
      7. Tower Design: All tower structures for Small WECS shall be of self-supporting, monopole construction unless attached to a structurally reinforced roof where such support is not warranted. No lattice or guyed monopole structures shall be permitted.
      8. Minimum Blade Clearance: The blade tip clearance for ground-mounted Small WECS shall, at its lowest point, be not less than 30 feet.
      9. Lighting: Small WECS shall be lighted only if required by the Federal Aviation Administration (FAA) or other applicable authority. Lighting of other parts of the Small WECS facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall comply with all other requirements of this chapter.
      10. Noise: The noise emitted from any Small WECS shall not exceed the noise level limits outlined in Section 4-1-C-4.
      11. Vibration: Vibration emitted from any Small WECS shall not exceed the limits outlined in Section 4-1-C-4.
      12. Signage: Any signage proposed in conjunction with a Small WECS shall comply with Article 4-1-E Signs.
      13. Equipment Cabinets and Other Ground-Level Equipment: Ground-level equipment shall either be fully enclosed in a building meeting architectural compatibility standards with surrounding properties, or adequately screened based on site specific location and adjacent land uses. At a minimum, ground-level equipment shall be enclosed with a 3/8” non-climbable, black vinyl, chain link fence with a variety of upright evergreens planted in a staggered spacing necessary to achieve the desired screening. In residential settings or where ground-level equipment is readily visible from public areas of surrounding properties or from any public rights-of-way a solid screen wall, of a height at least equal to the maximum height of the equipment may be required. The screen wall shall be architecturally compatible with adjacent development.
        1. Screening of the ground-level equipment may be waived provided that such equipment is screened by other property boundary enclosures or other structures so as not to be visible from surrounding properties or public ways.
      14. Compliance with Building Code: All Small WECS shall require a building permit for installation.
      15. Removal of Inoperable WECS: Any Small WECS that is inoperable for twelve consecutive months shall be considered abandoned, and the owner of such Small WECS shall either restore the Small WECS to operating condition or remove the Small WECS, including all associated support structures and transmission lines, within ninety days of receipt of notice from the governing authority notifying the owner of such abandonment. If, after ninety days, the Small WECS is not removed , the Small WECS and associated structures would be subject to the enforcement provisions as set forth in Article 3-5-H of the Municipal Code. For purposes of this section, inoperable shall be deemed to include, but shall not be limited to, the blades of the Small WECS remaining stationary so that wind resources are not being converted into energy, or the Small WECS is no longer connected to equipment to convert the wind into energy.
      16. Miscellaneous:

        1. The principle use of the Small WECS shall be providing power for the structure(s) on the subject property. Incidental selling of power back to the electric grid shall not constitute a commercial use unless the WECS is part of larger a wind farm.
  • Effective on: 1/1/1901