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

1. 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:

2. 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.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Underground Use District:(Reserved for Future Use)
10. 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

1. 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.
2. 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 
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

7. 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

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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)
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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)
5. Accessory Uses:
   Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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)
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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)
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

7. 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

1. 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.
2. 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 
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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. 
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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.
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses:  (Rep. Ord. 3914, 5/18/1995)
4. 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.
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.

6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

7. 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

1. 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.
2. 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
3. Conditional Uses: (Rep. Ord. 3914, 5/18/1995)
4. 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
5. Accessory Uses: Accessory uses shall be allowed in accordance with the standards of Section 4-1-B-24 of this Article.
6. 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:

Effective on: 1/1/1901

1. 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.
2. 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.
3. 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

1. 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.
2. 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.
3. 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
4. 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
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

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.

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.

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.

1. A.
   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.
2. B.
   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. 1.
      Special Event Registrations:  The following uses and activities shall be considered as Special Event Registrations:

      1. a.
         Any special event which would otherwise meet the definitions set forth in subsection (B)(2) and meet the following standards:

         1. 1.
            The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility;
         2. 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. 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. 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. 5.
             Signs displayed in conjunction with use shall comply with city sign regulations.
      2. b.
         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. c.
         Block Parties: Events held for the benefit of a residential neighborhood in which a portion of a public street will be closed.
      4. d.
         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. 2.
      Type 1 Special Events: The following uses and activities shall be considered Type 1 special events:

      1. a.
         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. b.
         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. c.
         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. d.
         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. e.
         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. f.
         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. g.
         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. h.
         Outdoor Entertainment: Events that involve entertainment provided by performance artists held outdoors. 
      9. i.
         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. 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. A.
         The event is advertised to the general public.
      2. B.
         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. C.
         The event is of community or regional significance.
3. C.
   Special Events Not Requiring a Permit:  The following special events shall not require a special event permit:

   1. 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. 2.
      City Festivals and City Sponsored Special Events conducted on City property.
   3. 3.
      Ground Breakings and Ribbon Cuttings: Events celebrating the commencement or completion of construction on a new facility.
4. D.
   Application and Review Procedures:

   1. 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. 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. a.
         Type 1 special event applications which the Community Development Director determines should be reviewed by the City Council;
      2. b.
         Type 2 special event applications; and
      3. c.
         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. 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.
         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. b.
         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. c.
         Written confirmation from the property owner agreeing to the special event.
      4. d.
         Any additional information deemed necessary by the Community Development Director.
      5. e.
         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. 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. 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.
5. E.
   General Special Event Standards: Special events shall comply with the following standards:

   1. 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. 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.**

3. 3.
   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.
4. 4.
   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.
5. 5.
   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.
6. 6.
   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. 
7. 7.
   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.
8. 8.
   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.

• 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.

9. 9.
   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.
10. 10.
    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.  

11. 11.
    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. 1.
       Modifications or restrictions to the hours of operation, duration of the event(s), size of the activity or other operational characteristics.
    2. 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. 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

1. A.
   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.*

2. B.
   Property Development Regulations:

   1. 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. 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. a.
         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. b.
         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. c.
         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. 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. 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. 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. 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. a.
         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. b.
         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. 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. a.
         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:

3. c.
   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)*
4. d.
   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.

8. 8.
   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.*
9. 9.
   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. a.
      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. b.
      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.
10. 10.
    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. a.
       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. b.
       Driveways that do not serve more than 2 parking spaces;
    3. c.
       Improved recreational facilities with ready access on flat roofs; and
    4. d.
       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. 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 Type	Minimum Setback
   Parkways	50 feet
   Renner Boulevard	70 feet
   Arterials	25 feet
   Freeway	100 feet

2. 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. a.
      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. 1.
         The consulting or sub-consulting firms previous experience with mine stability investigations;
      2. 2.
         The consulting or sub-consulting firms geological, geological engineering, geotechnical engineering, rock or mining engineering expertise; and
      3. 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. a.
            Surveys:

            1. 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. 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. b.
            Geological Information:

            1. 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. 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. 3.
               Roof Beam Thickness: Provision of isopach map illustrating roof beam thickness.
            4. 4.
               Overburden Thickness: Provision of isopach map illustrating overburden thickness.
            5. 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. c.
            Geotechnical Evaluations:

            1. 1.
               Surface Impacts: Review of proposed surface grading, construction and uses for possible adverse effects on subsurface space, including, but not limited to:

               1. 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. 2.
                  Utilities: Placement of underground utilities, such as sewers, and location of subsurface space surface utility easements, if any.
               3. 3.
                  Water: Construction of surface storm drainage and water features such as detention/retention areas, lakes, swimming pools and areas to be irrigated.
               4. 4.
                  Grading: Significant grading (cut and fill) on the surface.
               5. 5.
                  Portal Entrances: Vehicular accessibility of subsurface space portals.
            2. 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. 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. 4.
               Surface and Subsurface Evaluation and Conclusions with Recommended Modifications, if any: Submittal of geotechnical evaluation and conclusions with any proposed modifications/remediation.
         4. d.
            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. e.
            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. f.
            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.

6. F.
   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. 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. a.
         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. b.
         The dedication shall be in fee simple by special warranty deed.
      3. c.
         Nothing herein shall be construed to permit the construction or installation of any developer improvements on the dedicated land.
   2. 2.
      All such dedications made at the request of the property owner shall be subject to the following requirements:

      1. a.
         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. b.
         The dedication shall be in fee simple by special warranty deed and at no cost to the City.
      3. c.
         Nothing herein shall be construed to permit the construction or installation of any developer improvements on the dedicated land.

Effective on: 1/1/1901

1. Applicability: The provisions of this Section shall apply to all planned districts unless otherwise noted.
2. 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.
3. 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.
4. Comprehensive Plan Consistency Required: No planned development shall be approved unless it complies with the purpose and intent set forth in the Comprehensive Plan.
5. 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.
6. 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.
7. 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.
8. 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.
9. Architectural Compatibility: Architectural features deemed essential to ensure compatibility with surrounding properties shall be incorporated into all planned developments.
10. 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.
11. 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.
12. 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.
13. 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)
14. 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.
15. 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.
16. 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.
17. 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

1. A.
   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.
2. B.
   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").
3. C.
   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. 1.
      Residential Uses:
      Multi-family
      Single-family attached
   2. 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. 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
      Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article
      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. 4.
      Industrial Uses:
      Lab, analytical/experimental
4. D.
   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. 1.
      Residential Uses:
      Single-family
      Duplex
   2. 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. 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
      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
5. E.
   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.
6. F.
   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.

7.  
   1. 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. 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. 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

   4. 4.
      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.

   5. 5.
      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. a.
         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. b.
         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. c.
         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.
   6. 6.
      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.
   7. 7.
      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.
   8. 8.
      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

1. A.
   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.
2. B.
   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.
3. C.
   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. 1.
      Residential Uses:

      1. a.
         Single family, attached;
      2. b.
         Multi-family
   2. 2.
      Public and Civic Uses:

      1. a.
         Cultural services;
      2. b.
         Daycare, limited, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article;
      3. c.
         Daycare, general, subject to the supplementary use regulations of Section 4-1-B-23-E of this Article;
      4. d.
         Public parks, subject to the supplementary use regulations of Section 4-1-B-23-X of this Article
      5. e.
         Public safety services
   3. 3.
      Commercial Uses:

      1. a.
         Banking services, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article;
      2. b.
         Broadcasting studios;
      3. c.
         Consumer repair services;
      4. d.
         Convenience store;
      5. e.
         Drinking establishment, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      6. f.
         Fitness center;
      7. g.
         Gasoline sales, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      8. h.
         Laundry, self-service;
      9. i.
         Laundry or dry cleaning, limited;
      10. j.
          Medical or dental clinic
      11. k.
          Medical and dental lab;
      12. l.
          Office;
      13. m.
          Parking, commercial;
      14. n.
          Personal instruction, limited, subject to the supplementary use regulations of Section 4-1-B-23-AH of this Article;
      15. o.
          Personal instruction, general, subject to the supplementary use regulations of Section 4-1-B-23-AC of this Article;
      16. p.
          Personal services;
      17. q.
          Research service;
      18. r.
          Restaurant, general;
      19. s.
          Restaurant, fast-food, subject to the supplementary use regulations of Section 4-1-B-23-U of this Article;
      20. t.
          Retail;
      21. u.
          Veterinary hospital, subject to the supplementary use regulations of Section 4-1-B-23-O of this Article
   4. 4.
      Industrial Uses: Lab, analytical/experimental.
4. D.
   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. 1.
      Residential Uses:

      1. a.
         Single family;
      2. b.
         Duplex
   2. 2.
      Public and Civic Uses:

      1. a.
         Church or place of worship, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article;
      2. b.
         Club or lodge;
      3. c.
         College or university;
      4. d.
         Daycare, commercial, subject to the supplementary use regulations of Section 4-1-B-23 of this Article;
      5. e.
         Hospital, subject to the supplementary use regulations of Section 4-1-B-23-AJ of this Article;
      6. f.
         Large WECS, subject to the supplementary use regulations of Section 4-1-B-23-AI of this Article;
      7. g.
         Nursing home;
      8. h.
         School, elementary and secondary, subject to the supplementary use regulations of Section 4-1-B-23-R of this Article;
      9. i.
         Utility;
      10. j.
          Wireless Communication Facility, subject to the supplementary use regulations of Section 4-1-B-23-AE
   3. 3.
      Commercial Uses;

      1. a.
         Arcade, commercial, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      2. b.
         Auto service, limited, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      3. c.
         Bar or nightclub, subject to the supplementary use regulations of Section 4-1-B-23-D of this Article;
      4. d.
         Entertainment, indoor;
      5. e.
         Funeral home, subject to the supplementary use regulations of Section 4-1-B-23-AB of this Article;
      6. f.
         Gasoline sales, general, subject to the supplementary use regulations of Section 4-1-B-23-S of this Article;
      7. g.
         Hotel or motel
      8. h.
         Maintenance services, limited
      9. i.
         Vocational school
5. E.
   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.
6. F.
   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. 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. 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.

   3. 3.
      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.
   4. 4.
      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. a.
         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.
      2. b.
         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. c.
         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.
   5. 5.
      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.
   6. 6.
      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.
   7. 7.
      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.
   8. 8.
      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

Effective on: 1/1/1901

[Use Table -- Commercial Uses]

P = Permitted, S = Special Permit Use