Lenexa City Zoning Code

ARTICLE 4

1-C GENERAL DEVELOPMENT STANDARDS

Section 4-1-C-1 ADEQUATE PUBLIC FACILITIES REQUIRED.

In order to ensure that property is developed only with appropriate urban services and in accordance with the service plans set out in the Comprehensive Plan, no development shall be approved unless the Planning Commission and/or Governing Body first determine that adequate facilities and services will be available for such development before it is occupied. Therefore, no plan or plat shall be approved unless the Planning Commission and/or Governing Body, as applicable, find that all of the following conditions exist on or before the date that buildings or land in the proposed development will be occupied:

Water Supply: There will be an adequate public water supply available for the proposed occupancy. An adequate public water supply shall include adequate potable water for consumption and other inside and outside uses and adequate water pressure and fire flow to meet established standards of the City for fire protection.*

*See Article 4-8-B of this Title.*
Wastewater: There will be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed occupancy. Limited, single user development may be served by septic system subject to compliance with established standards and approval of the Engineering and Construction Services Administrator.
Storm Water: The proposed storm water system, both on-site and off-site, will provide effective storm water management in accordance with all applicable regulations and will be adequate to carry projected peak flows in a design storm without causing damage to downstream public or private property, as required herein.**

**See Article 4-5-E of this Title.**
Roads: (Rep. Ord. 4749, 5/20/2005)
Other Public Services: Other public services affected by the proposed development will be substantially adequate to serve the development at existing levels of service.

Effective on: 1/1/1901

Section 4-1-C-2 LOCATION OF DEVELOPMENT.

No plan or plat for nonresidential development, for multi-family residential development or for single-family residential development shall be approved unless the Planning Commission and/or Governing Body, as applicable, find that, on or before the date that buildings or land in the proposed development will be occupied, the nonresidential parts of the development will have direct access onto an arterial road or onto a collector road that connects to an arterial road without passing through an intervening residential area.

Effective on: 1/1/1901

Section 4-1-C-3 STANDARDS FOR STORAGE OF MATERIALS AND GOODS.

The following additional standards shall apply to all commercial and industrial activities:

Retail Districts: All business activities or services in the commercial retail districts shall be conducted within completely enclosed buildings. This standard shall apply to permitted processing and manufacturing activities in such districts, if any. All products sold or rented and services rendered shall be inside a building, except for permitted drive-thru services. No merchandise or equipment shall be stored or displayed outside a building. Storage may be permitted outdoors when shown on the preliminary or final plan, but such storage shall be effectively screened so that such activities, services, products or materials will not be visible from any public right-of-way or from adjacent property.
Other Districts: All business activities or services in the industrial or business park districts shall be conducted within completely enclosed buildings. This shall include, but not be limited to, the manufacturing and processing of materials. Storage may be permitted outdoors when shown on the final plan in the industrial district, but it shall be effectively screened so that the materials, services, activities or products will not be easily visible from any public right-of-way or adjoining property.

Effective on: 1/1/1901

Section 4-1-C-4 PERFORMANCE STANDARDS IN ALL DISTRICTS.

Purpose: The purpose of the performance standards procedures is to ensure that an objective, unbiased determination is made in those cases where there may be substantial doubt as to whether an individual structure or development complies with the performance standards of this Chapter and to formulate practical ways for the alleviation of such noncompliance.

Proposed Development: Any person proposing an industrial development or other development affected by these performance standards shall submit as a part of the final plan application such information as may be necessary to demonstrate that the proposed development will comply with the performance standards set forth in this Section.

Existing Violations: When the Community Development Director or other City official, after due investigation, reasonably determines that an existing use violates 1 or more of the performance standards in this Section, the Community Development Director or the Community Development Director's designee shall begin the enforcement process set forth for this Chapter,* beginning with a notice of violation.*See Article 4-1-L of this Chapter.*

Heat: No heat from furnace processing equipment or other device shall be sensed at the lot line to the extent of raising the temperature of air or materials more than 5 degrees F.

Noise:

1.
Definitions: The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section unless otherwise defined in the text of the Section.
1. a.
  Commercial Area - property zoned NP-O, CP-O, CP-1, CP-2, CP-3, CO-4, HBD, or PUD (only if it contains commercial uses and no residential uses), or property operating under a special use permit for a commercial use.
2. b.
  Complainant - a property owner or tenant who files a complaint concerning an alleged noise disturbance.
3. c.
  dB(A) - a weighted sound level measured in decibels by a general purpose, properly calibrated, sound level meter complying with the provisions of the American National Standard Institute.
4. d.
  Emergency Motor Vehicle - a motor vehicle belonging to a fire department or certified private volunteer firefighter or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal governmental agency, provided such vehicle is being used as an emergency vehicle by one authorized to use such vehicle for that purpose.
5. e.
  Industrial Area - property zoned BP-1, BP-2, or PUD (only if it contains industrial uses and no commercial or residential uses), or property operating under a special use permit for an industrial use.
6. f.
  Noise Disturbance - includes both violations of performance standards established in Section 4-1-C-4-E-2 and violations of the prima facie noise standards established in Section 4-1-C-4-E-3.
7. g.
  Plainly Audible - capable of being heard. It is not necessary to distinguish words or melodies. A plainly audible sound may consist of bass alone.
8. h.
  Property Owner - the named property owner as indicated by the records of the Register of Deeds or Appraiser's Office in Johnson County, Kansas.
9. i.
  Residential Area - property zoned RE, RP-E, R-1, RP-1, RP-2, RP-3, RP-4, RP-5, AG or PUD (only if it contains residential uses), or property upon which a legal non-conforming residential use is operating.
10. j.
  Sound Amplification or Producing Device or Similar Equipment - shall mean radio, radio receiving set, television, phonograph, stereo, tape player, cassette player, compact disc player, "boom box," loudspeaker, drum, jukebox, nickelodeon, musical instrument, sound amplifier or other device that produces, reproduces, or amplifies sound.
11. k.
  Tenant - any person who has an interest in real property either by oral or written lease or covenant.
2.
Performance Standards. It shall be unlawful to make or cause to be made sound or noise in excess of the noise performance standards established in this Section. A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below:

Area             7:00 a.m. - 7:00 p.m.                    7:00 p.m. - 7:00 a.m.
Residential             70 dB(A)                                            55 dB(A)
Commercial           65 dB(A)                                            60 dB(A)
Industrial               70 dB(A)                                            65 dB(A)
3.
Prima Facie Violations. It shall be unlawful to conduct or allow to be conducted any of the following noise-producing activities so as to cause a sound plainly audible across any property boundary line in a residential area during specified times. The fact that the noise is plainly audible across a property boundary line constitutes prima facie evidence of a violation of this Section.
1. a.
  A sound resulting from the erecting, constructing, excavating, demolishing, altering, or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
2. b.
  The repairing, rebuilding, or modifying of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
3. c.
  The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any sound amplification or producing device or similar equipment is creating a sound that is plainly audible at least fifty (50) feet from the source of the sound. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
4. d.
  The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
5. e.
  The operating, playing, permitting or causing to be operated or played any sound amplification or producing device or similar equipment in a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the area and dB(A) limits set forth in Section 4-1-C-4-E-2.
6. f.
  The creation of noise in connection with loading or unloading any vehicle, in the opening and destruction of bales, boxes, crates and containers, or in the handling, loading or unloading of trash, recyclable material, or solid waste in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
7. g.
  The creation of noise or sound by any source, unless exempted under Section 4-1-C-4-E-7, that is offensive or distracting to any reasonable person of normal auditory sensitivity while attending any school, institution of learning, or church, while that institution is in use.
4.
Minimum Evidentiary Requirements for Prima Facie Noise Violations. The demonstration of a prima facie noise violation under Section 4-1-C-4-E-3 shall be based on any combination of the following evidence:
1. a.
  Auditory confirmation by the Community Standards Officer of the noise at issue, or a similar noise from the same source, and a follow-up written report identifying the source, the property owner and/or tenant causing and/or allowing the noise, the type of noise, the distance at which the noise was plainly audible, and any other relevant information;
2. b.
  A written statement from the complainant (if involved) concerning the noise at issue;
3. c.
  An audio recording by the complainant (if involved) of the noise at issue, or
4. d.
  A video recording or photograph by the complainant (if involved) of the noise-producing source or action at issue.
5.
Authority to Commence an Enforcement Action.
1. a.
  The Community Standards Officer has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 in a situation involving a sound plainly audible across any property boundary line other than that of the sound source.
2. b.
  A complainant has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 only in a situation involving a sound plainly audible across the complainant's property boundary line.
3. c.
  Enforcement actions shall be executed in accordance with the property use and maintenance code enforcement process set forth in Article 3-5-H.
6.
Unlawful to Allow a Noise Disturbance; Responsibility for Abatement.
1. a.
  It is unlawful for any property owner or tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a noise disturbance as defined in Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 of this Section on said property.
2. b.
  The property owner, tenant, or other such person with control, occupancy, or possession of property, shall be responsible for abatement of noise disturbances occurring on that property and failure to do so shall be a violation of this Section.
7.
Exemptions. The following shall not be considered to be noise disturbances for purposes of this Section:
1. a.
  Sound from law enforcement motor vehicles and other emergency motor vehicles, including, but not limited to, snow-clearing equipment.
2. b.
  Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies, or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened.
3. c.
  Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit that specifically allows the sound from any department, board, or commission of the City authorized to issue a license or permit.
4. d.
  Sound from the operation of emergency generators used in emergency situations when electricity from the grid is unavailable.

Vibration:

1.
General Standards: To limit adverse impacts on adjacent property, man-made earthborne vibrations shall not exceed the particle velocities so designated. A suitable instrument used for this measurement shall be a 3-component measuring system capable of simultaneous measurement of vibration in 3 mutually perpendicular directions. It shall indicate the maximum vibration, given as particle velocity. The maximum particle velocity shall be the vector sum of the 3 components recorded. Such particle velocity shall not exceed .10 inches per second at the lot line of the property on which the activity takes place nor shall it exceed .02 inches per second at the lot line of the nearest parcel of land zoned residential. These values may be multiplied by 2 for impact vibrations; e.g., discrete vibration pulsations not exceeding 1 second in duration and having a pause of at least 1 second between pulses. Vehicular traffic and nonblasting vibration resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from these standards.
2.
Construction And Mineral Extraction Blasting Standards: The general vibration standards do not take into account the special needs of businesses/contractors in the construction and/or mineral extraction industries. Special vibration standards for blasting helps ensure that these industries are able to operate in a manner which minimizes damage to nearby structures while limiting complaints received from persons on surrounding properties. The following standards attempt to address both the structural and psychological concerns of blasting vibrations.

Blasting Ground Vibration Standards
Blast Type	Parcels Within 500 Ft. of Blast	Maximum Allowable Peak Particle Velocity for Ground Vibration in Inches/Second
Blast Type	Parcels Within 500 Ft. of Blast	Frequencies - 4-30 Hz	Frequencies > 30 Hz
Intermittent Blasting: (i.e., temporary construction activities)	Developed parcels Vacant/agricultural parcels	0.75 see OSMRE blasting chart	1.0 see OSMRE blasting chart
Recurring Blasting: (i.e., mineral extraction purposes)	Developed parcels Vacant/agricultural parcels	0.50 see OSMRE blasting chart	0.50 see OSMRE blasting chart

NOTE: Particle velocity shall be recorded in 3 mutually perpendicular directions and shall be measured from the blast location to the property line of surrounding parcels within 500 feet of the blast. The maximum allowable peak particle velocity shall apply to each of the 3 measurements. Some of these standards are below guidelines established by the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) in their Blasting Level Chart, Figure 12, Blasting Guidance Manual, March 1987. The Blasting Level Chart determines the threshold vibration levels which may indicate potential for structural damage. The standards noted above attempt to take into account some of the negative psychological responses that can result from blasting adjacent to occupied structures, particularly for recurring blasting. However, it is understood that occasional, nonroutine blasting at higher levels may be needed for specific purposes. Therefore, the Fire Chief may modify these requirements to minimize complaints or to allow blasting at higher levels for specific purposes.

Airblast Vibration/Noise Standards*
Lower Frequency Limit of Measuring System, in HZ	Maximum Level in dB (+, -3dB)
2 Hz or lower - flat response	133 peak
6 Hz or lower - flat response	129 peak

NOTE: An airblast shall not exceed the maximum limits noted above measured at the property line of adjoining property containing any building. The Fire Chief may modify these standards for unique blasting needs or to prevent damage.
* "Blast Monitoring" (Applies to both tables): The blast contractor shall conduct periodic monitoring of blasts to ensure compliance with these vibrations/noise standards. The Fire Chief may require monitoring of shots that appear to deviate from established standards or that are located within 300 feet of an existing building. A seismographic record, including both particle velocity and vibration frequency levels shall be provided.

G.
Air Pollution: The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation or activity except solid waste incinerators within the boundaries of any lot, shall not exceed the levels established by State rules and regulations governing air contamination and air pollution.
H.
Prima Facie Odor Violations:
1. 1.
  It shall constitute prima facie evidence of an odor violation if a chemical or substance is used, stored, or placed at a property and the odor emanating from the chemical or substance is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity.
2. 2.
  It shall constitute prima facie evidence of an odor violation if an odor is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity, the odor persists for in excess of eight (8) consecutive hours, and the source of the odor is any of the following activities or conditions:
  1. a.
    Trash or garbage placed outside;
  2. b.
    Animal waste in yard, kennel, or stable; or
  3. c.
    Septic conditions resulting from standing water or liquid waste.
3. 3.
  It shall constitute prima facie evidence of an odor violation if a process, activity or condition results in frequent, periodic releases of odor-producing substances that are offensive to and plainly detectable by a reasonable person with ordinary olfactory sensitivity. A frequent, periodic release involves at least four (4) separate releases in a twenty-four (24) hour period.
I.
Exterior Area Lighting:
1. 1.
  Purpose and Intent: The purpose and intent of this section is to insure that exterior lighting provides functional needs for a development site in a manner that does not adversely affect adjacent properties; provides for fixtures that are architecturally and operationally compatible with the serviced property as well as surrounding development; and promotes safe vehicular and pedestrian access and circulation. This section is not intended to require exterior lighting. However, if exterior lighting is proposed to be installed it shall comply with the requirements of this section.
  All exterior lighting shall be installed in conformance with the provisions of this Ordinance and the most recently adopted Electrical and Energy codes.
2. 2.
  Definitions: When used in the context of this section the following terms are defined as follows:
  1. a.
    Accent Lighting: Directional lighting primarily used to provide subtle emphasis on a particular object or to focus attention to a part of the field of view.
  2. b.
    Architectural Lighting: Lighting used to emphasize important details of a structure and enhance architectural value.
  3. c.
    Color Rendering Index (CRI): A measure of the ability of a light source to render colors compared to a reference light source of comparable colors temperatures. This provides the ability to determine the type of light source that effectively allows the human eye to perceive objects in their true color.
  4. d.
    Cutoff: A design attribute of a light fixture that allows for up to 2.5 percent of the rated lumens to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture (this would allow for a slightly angled fixture or drop lens).
  5. e.
    Footcandles, Horizontal: The amount of light being received on a horizontal surface such as a street or parking lot and measured with a Light Meter.
  6. f.
    Footcandles, Vertical: The amount of light being received on a vertical surface such as a wall or building facade and measured with a Light Meter.
  7. g.
    Full Cutoff, (down-lighting-only): A design attribute similar to cutoff fixture except that it allows no light to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture.
  8. h.
    Glare: Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
  9. i.
    House-side Shield: A house-side shield typically consists of a visor or solid panel that attaches to a lighting fixture and effectively restricts the view of the light source from the adjacent property. This provision is applicable for both light poles and lighting fixtures mounted on the side of a building or structure.
  10. j.
    Light Trespass: Light emitted by a fixture(s), which is cast beyond the boundaries of the property on which the lighting installation is sited.
  11. k.
    Light Meter: A photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.
  12. l.
    Loss Factor: A number of operational and environmental conditions interfere with the transmission of the light from a light fixture which effectively results in reduction in light intensity. Interfering conditions may include but are not limited to a depreciation in the integrity of the lens material, dirt on the lamp or lens, age of the lamp, and ambient temperature. These conditions are captured as a performance metrics called the light loss factors. Light loss factors are described as percentages or decimals, which are then multiplied to result in a final Light Loss Factor in lighting calculations.
  13. m.
    Lumen: A measure of light that is visible to the human eye.
  14. n.
    Point-by-Point Photometric Layout Plan: A plan of computer-generated lighting calculations that show light levels at regular spaced intervals with the intent to simulate the performance qualities of lighting designs for new development or renovation projects. The plans are generally set up on a 10 foot by 10 foot (or less) grid, across the entire site with each point of intersection labeled with the illumination level created by the proposed lighting program. For the purpose of this section, illumination levels shall be described in footcandles.
3. 3.
  Applicability and Exemptions: With the exception of one-family or two-family dwelling uses, the standards of this section shall apply to all new building and site development as well as expansions and modification of existing development.
  1. a.
    Lighting required by federal, state, county or city agencies, are exempt from this section.
  2. b.
    This section does not apply to fixtures engaged for emergency situations or motion detecting only.
  3. c.
    Existing development is not subject to the lighting standards of this section until such time as the building or site area is proposed for redevelopment or when alterations to the site or building involve the installation of new fixtures or require existing fixtures to be modified or replaced.
  4. d.
    This section does not apply to Street Lighting. Street Lighting shall comply with Article 4-6-E of the Unified Development Code.
  5. e.
    Outdoor Recreational Uses: Because of their unique requirements for nighttime visibility and their limited hours of operation, public, or privately owned ball fields, driving ranges, tennis courts, outside theaters, arenas and other similar outdoor recreational uses shall be reviewed on a case by case basis in order to determine appearance and performance qualities that are appropriate for the specific use and compatible with neighboring development. The following provisions would apply to all outdoor recreational uses:
    1.
    Full cutoff fixtures are not required for these types of outdoor recreational use areas provided the light source is shielded to minimize light trespass to surrounding residential properties and neighborhoods:
    2.
    Maximum permitted illumination at the property line of the recreational use, as generated by the recreational use is one footcandle.
    3.
    Lighting shall be controlled in a manner to be capable of being turned off automatically 1 hour after close of business.
  6. f.
    Seasonal Lighting: Temporary lighting utilized in connection with holidays and other typically celebrated traditions are exempt from this section, provided the output of any individual light source used for this lighting situation does not exceed 50 lumens.
4. 4.
  Prohibited Lighting:
  1. a.
    Lighting that creates a traffic hazard is prohibited. Direct or reflected light from any outdoor light source shall not create a traffic hazard for operators of motor vehicles on public or private streets, parking lots or other vehicular use areas open to public access.
  2. b.
    No lights may be used in such a way as to be confused with or construed as traffic control devices.
  3. c.
    No blinking, rotating, flashing or fluttering bulbs, or other illuminated device that is intended to provide changing light intensity, brightness or color, is allowed except as may be permitted in Section 4-1-B-25, Special Events
  4. d.
    Searchlights and spotlights are prohibited except as may be permitted in Section 4-1-B-25, Special Events
5. 5.
  Lighting Levels:
  The following Table gives maximum lighting levels for outdoor activity areas with calculations to incorporate a light loss factor of no greater than 0.7;

Maximum Lighting Levels for Outdoor Activity Areas
	Building Entries	Parking Lots and other Vehicular Staging Areas	Pedestrian Walkways	Under Fueling Station Canopies
Maximum allowable single point light levels measured in horizontal footcandles at-grade	15.0	10.0 (Discernable blocks of vehicular use areas, located on the same property, must be calculated separately)
			05.0	25.0
The lighting design for parking lots must incorporate an average/minimum uniformity ratio of 5:1 (average horizontal light level divided by the minimum horizontal light level).
Lighting plans shall be designed so that direct and indirect light from the source shall not cause illumination in excess of 0.5 vertical footcandles when measured at any point along the property line of an adjacent residential district.

6.
Plan Requirements:
1. a.
  With the exception of lighting for public streets, all other exterior lighting used to illuminate buildings, parking areas, pedestrian walkways, bikeways, landscape, and other outside use areas, shall be evaluated with application for Final Plan review. Projects that do not require plan review will be evaluated with the application for permit review.
2. b.
  Required information shall include but not be limited to, fixture locations in conjunction with a point-by-point photometric layout plan and calculations to show compliance with the lighting standards contained in this ordinance section. Area light calculations shall provide illumination levels as measured in horizontal footcandles at grade.
3. c.
  For property lines abutting residential properties, illumination levels are to reflect a measure in vertical footcandles along said property line at 5 feet above grade, with the light meter facing into the site and perpendicular to horizontal plane.
4. d.
  Calculations must reference compatibility with applicable Illuminating Engineering Society (IES) guidelines and standards. In conjunction with the photometric plan, a complete description of all related appearance and performance specifications shall be provided for each selected fixture.
7.
Fixture Design and Compatibility:
1. a.
  With the exception of fixtures used for Accent Lighting, exterior light fixtures shall be full cutoff fixtures to prevent glare and minimize light trespass onto adjacent properties, buildings, and roadways. These fixtures shall also include flat lenses and non-adjustable mounting brackets.
2. b.
  House-side shields must be provided for fixtures located along the perimeter of a site that is adjacent to single and two-family development and fixtures located within a multifamily development 30 feet or less from an interior living space.
3. c.
  Fixtures used for under canopy lighting must be fully recessed into the ceiling of the canopy and must be equipped with flat lenses mounted flush with the ceiling surface. If structural limitations do not allow for recessed mounting, fixtures may extend below or be fastened to the ceiling provided the fixtures are equipped with flat lenses set flush with the bottom of the fixture (no wrap around or drop lenses) and the fixture does not project lower than the bottom edge of the canopy facade.
4. d.
  The overall lighting scheme shall consist of a coordinated design utilizing fixtures that complement the specific building and site design being serviced by the lighting program as well as coordinating with the general lighting scheme (pole color, mounting height, light source color, etc.) of the surrounding development.
8.
Color Rendering of the Light Sources: Lighting fixtures shall utilize high CRI types of light sources such as halogen, metal halide, or LED(Light Emitting Diodes) to ensure true-color at night, visual comfort for pedestrians, and energy efficiency. For basic color recognition CRI values shall not be less than 65 CRI; values of 80 CRI and greater are preferred for applications where color quality is important.
9.
Mounting Height:
1. a.
  Pole Mounted: Pole mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. Mounting height is measured from grade to the base of the fixture casing If a concrete base is used, the base height shall not exceed 2 feet and the base shall be included in the overall allowable mounting height.
2. b.
  Building Mounted: Building mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. The fixture shall not extend above the top of the exterior wall on which they are placed or above the eave line of a gabled roof.
3. c.
  Pedestrian Oriented Fixtures: Pole mounted fixtures used for pedestrian walkways and gathering areas shall be no more than 15 feet in height. Pedestrian bollard-type lighting shall be no more than 4 feet in height.
10.
Special Lighting Situations:
1. a.
  Architectural Lighting: Architectural lighting, either ground or wall-mounted, may be used for the illumination of building and site features. Representative documentation as part of the site or development plan review process is required; documentation must include light fixture cut sheets, calculations or imagery to assist in understanding of proposed lighting. It is the intent of this requirement to keep light level intensities for these applications appropriate to the surrounding outdoor lighting environment.
  
  Spotlighting or floodlighting used for architectural or landscape purposes, must be aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. The light source must be shielded from public view with the use of baffles mounted to the casings and/or with the use of appropriate landscaping.
2. b.
  Accent Lighting:
  1. 1.
    Low intensity strings of lights may be used for patios/outside dining areas provide each individual light source does not exceed a light output of more than 50 lumens (approximately the light output of a 5 to 8 watt incandescent bulb) and the overall illumination level for the serviced area does not exceed 5 footcandles (The light level maximum is intended for general dining experience. Strings of lights must be located under awnings and canopies only, or, if a structural cover is not proposed, the lighting feature may provide the illusion of a structural cover. The lighting feature must not, however, extend above the exterior wall of a building facade (eave line of a gabled roof) or 12 feet in height, whichever is less. Strings of lights must be of a single color and arranged in a manner that is coordinated with the architecture of the building and the configuration of serviced space.
  2. 2.
    Individual or freestanding unshielded wall and pole mounted accent lighting fixtures as well as bollard type lighting may be used to enhance outside activity areas and pedestrian walkways provided the light source does not exceed a light output of 1,100 lumens (approximately the light output of a 75 watt incandescent bulb). Cutoff fixtures may be utilized where the light source exceeds 1,100 lumens.
11.
Deviations:
1. a.
  Approval: It is recognized that development constraints and site conditions can differ greatly from one location to another. Accordingly, if it is determined that the submitted plan conforms to the purpose and intent of this Section the Director of Community Development may approve lighting plans that vary from strict compliance with the provisions of this Section. The design considerations must be clearly identified on the proposed lighting plan and be accompanied by a written description of the proposed variations from strict compliance with the code and an explanation of how the purpose and intent of this Section will be addressed.
2. b.
  Appeal: An applicant may appeal a decision by the Director of Community Development to deny the alternative design proposal to the Planning Commission. In reviewing the appeal, the criteria to be considered by the Planning Commission shall include, but not be limited to:
  1. 1.
    Purpose and Intent of the Code: Does the alternative design reflect compliance with the general purpose and intent of the City’s lighting regulations? Does the proposed plan reflect a design that complies with Code requirements to the greatest extent possible and offer alternative methods for addressing specific functions of the lighting requirements of which a variation from strict compliance is being requested?
  2. 2.
    Impacts on Adjacent Properties: Will the alternative design adversely affect neighboring property owners or residents?
  3. 3.
    Safety: Will the alternative design adversely affect safety?
  4. 4.
    Site Constraints: Are there unique site constraints that justify the deviation from the requirements of this Section?

J. Sulfur Oxides:

1.
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other processes shall be limited in accordance with the requirement of each district. The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.
2.
In residential districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.01 pounds per hour per 5 acres of lot area.
3.
In commercial districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.02 pounds per hour per acre of lot area.
4.
In industrial districts, the maximum emission rate of sulfur oxides from all stacks shall be 1 pound per hour per acre of lot area.

K. Smoke:

1.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines, shall be used.
2.
In residential districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited.
3.
In commercial districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 1 is permitted for up to 3 minutes total in any one 8 hour period.
4.
In industrial districts, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to 3 minutes total in any one 8 hour period.

L. Toxic Matter:

1.
The ambient air quality standards for the State shall be the guide to release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State, the release of such materials shall be in accordance with the fractional quantities permitted below of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any 24-hour sampling period.
2.
In residential districts, no airborne toxic material shall be released.
3.
In commercial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
4.
In industrial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.

Effective on: 1/1/1901

Section 4-1-C-5 ARCHITECTURAL DESIGN STANDARDS.

Purpose: The intent of these design criteria is to assist in the review and evaluation of building design during preliminary and final plan. These guidelines should be used in conjunction with the "Urban Design Guidelines" contained in the Comprehensive Plan. The design of a development proposal should seek to integrate the following design characteristics into those plans submitted for site plan approval. Due to the unique design characteristics of the CC, Planned City Center District and the PMU, Planned Mixed Use District, adherence to the specific guidelines of this Section may be waived by the Planning Commission.

Effect: When architectural design standards have been approved or established as part of a preliminary or final plan approval in accordance with Article 4-1-H of this Chapter, all buildings subject to that preliminary or final plan shall comply with the approved design standards.

Residential Districts: No single-family or duplex home shall be erected that does not meet the following minimum standards:

Permanent Foundations: The dwelling unit shall be erected on a permanent foundation.
Minimum Dimension: The smaller dimension of a rectangular dwelling unit shall be at least 24 feet. If a dwelling unit is not rectangular, then the minimum dimension of a rectangle superimposed over and enclosing the entire footprint of the dwelling unit shall be at least 24 feet.
Roof Design: The pitch of the roof shall be at least 3 in 12, and the roof eaves shall extend at least 12 inches beyond the wall of the dwelling on the 2 longer sides. The Community Development Director may approve a roof with a lesser pitch when the area of the lesser roof pitch is part of a consistent architectural design based on the overall architectural character of the house or when the area of the lesser roof pitch is less than 25% of the total roof area.
Exterior Surfaces: The nonglass exterior surfaces of the dwelling shall not be made of galvanized metal or corrugated metal and shall, in general, not reflect light to a greater extent than would a coat of semi-gloss enamel applied to wood.
Porch And Garage: A single-family dwelling shall include a garage or carport, constructed with the same materials as the dwelling. In addition, a single-family dwelling shall include a covered entrance, alcove or porch. The Planning Commission may grant exceptions to this standard where it finds that the proposed residential design is compatible with the neighborhood character and predominant architecture.

Multi-Family Residential, Commercial, Office And Industrial Districts: In zoning districts other than single-family residential, no building shall be erected that does not meet the following minimum standards:

Rooftop Equipment: Rooftop equipment shall be screened from view from the ground near the building with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.
Form, Scale And Proportion: The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.
Unusual Buildings: The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided.
Mass And Voids: The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings.
Long Facades: Where large structures with overly-long facades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features.
Architectural Design: Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged.
Monotony: Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.
Roofs: Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important.
Materials: Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.
Design Uniformity: Architectural treatments (e.g., building materials, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on 1 side and pedestrian access on another).

Effective on: 1/1/1901

Section 4-1-C-6 STREET ACCESS.

Purpose: The access control standards of this Section regulate vehicular access to or from any public street under the City's jurisdiction. The purpose of the standards is to protect the public health, safety and general welfare and to maintain a high level of transportation service on the City's streets.

Arterial Streets: Direct access to a primary or secondary arterial shall be permitted only when the subject property has no other reasonable access to the street system and only if the City Transportation Manager determines that the proposed access point onto the arterial street can be accommodated safely. When direct access to a primary or secondary arterial street is approved by the City Transportation Manager pursuant to the requirements of this Section, the following standards shall apply:

Spacing From Signalized Intersections: The minimum distance from the curb return of a signalized intersection to the center line of the first access point of an intersecting street, road or driveway shall be 600 feet and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing From Other Access Points: Additional approaches onto an arterial street shall be spaced a minimum of 460 feet from other intersecting streets, roads or driveways, measured from center lines, and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing Of Median Openings: Full access median openings shall be spaced at least 1,320 feet apart. Partial access median openings shall be spaced at least 460 feet from full access median openings.

Collector Streets: Direct access to collector streets from single-family lots is discouraged. Direct access to collector streets shall be regulated in accordance with the following standards:

Spacing From Controlled Intersections: The minimum distance from the curb return of a controlled intersection to the center line of the first access point of an intersecting street, road or driveway shall be as follows:

Intersecting Street	Distance (feet)
Arterial	600
Collector	300
Local	75

1. Spacing From Other Access Points: Additional approaches onto a collector street shall be spaced a minimum of 300 feet from other intersecting streets, roads or driveways, measured from center lines.

Waivers:
1. City Transportation Manager: Waivers from these access standards shall be approved by the City Transportation Manager if the City Transportation Manager determines that strict adherence to the standards will create unreasonable hardship to the development of abutting property. Such waivers, however, shall be granted only after the submission of a traffic analysis that demonstrates that the requested waiver will not create a serious detriment to the safety and/or operation of traffic on the street or roadway. The requirements for a traffic analysis may be waived by the City Transportation Manager if it is determined that such an analysis is unnecessary in rendering a competent decision on the requested waiver.
2. Appeals Of City Transportation Manager’s Decision: The City Council is authorized to hear appeals of the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section, after review and recommendation of the Planning Commission. Any person aggrieved by the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section may appeal the decision to the City Council by filing an application with the City Transportation Manager. All decisions and recommendations on requested waivers from these traffic access standards shall be based upon whether the requested waiver will pose a serious detriment to the safety and/or operation of the subject roadway.

Effective on: 1/1/1901

Section 4-1-C-7 PEDESTRIAN ORIENTED DESIGN STANDARDS.

Purpose: The intent of these standards is to enhance the pedestrian experience and encourage more people to consider walking for short trips. These standards are specifically intended to: 1) provide for pedestrian connections between private buildings, and to the public sidewalk and trail system, and 2) provide for pedestrian-scale public spaces and amenities at the entrance to buildings. It is intended that these standards apply to new development, but that these concepts be applied to redevelopment, expansion projects or previously approved plans whenever possible. Due to the unique design characteristics of the CC, Planned City Center District and the PMU, Planned Mixed Use District, adherence to the specific guidelines of this Section may be waived by the Planning Commission.

Sidewalks Within Development Sites: Each main entrance to a principal building shall be connected by a sidewalk to the main entrance of other principal buildings on the site, and to the adjacent public sidewalk network.

Location and Width: Connections should be a reasonably direct path, and sized based on the number of parking spaces serving the building entrance(s), off-site pedestrian draw based on use, alternate or multiple routes, and other measures of anticipated usage. Where feasible, these sidewalks can be routed through landscaped islands in parking lots to serve both the public sidewalk and parking areas. As a general guideline, sidewalks should be sized as follows:

No. of Parking Spaces Served	Minimum Width of Sidewalk
Under 50	5 feet
50 - 200	6 feet
201 - 500	8 feet
Over 500	10 feet

1. Provision of Crosswalks: Crosswalks shall be provided where sidewalks cross streets and drives. Crosswalks adjacent to building entrances that service over 50 parking spaces shall be of a contrasting pavement treatment. Other crosswalks may be painted, preferably with longitudinal bars.

Provision of Pedestrian-Scale Public Space: Every principal retail, office, or single entrance multifamily building shall provide a public space, such as a plaza, courtyard, or garden within the vicinity of the main pedestrian entrance(s) to the building.
1. Size: The minimum amount of all public spaces within a site shall be 10 square feet for each parking stall provided, or 200 square feet, whichever is greater. The public space will be defined by the combination of paved areas, associated plantings, and architectural features.
2. Amenities: Each public space shall include seating in the form of benches or ledges and accent and seasonal plantings. In addition, the public space should include at least one of the following:
  1. A fountain, pond, or other water feature.
  2. Upgraded textured paving, such as brick or stone.
  3. Sculpture or other artwork.
  4. A portico, trellis, or other architectural shade feature covering part of the seating area.
3. Design: On larger or multiple building sites, public space may also be located at key points along major pedestrian paths, or aggregated at a central location. In retail locations, it is strongly encouraged that public spaces include areas specifically designed for seasonal outdoor sales and/or restaurant seating, and that specific layout for these activities be reflected on the plans.

Effective on: 1/1/1901

Section 4-1-C-8 STORM PROTECTION AREA REQUIRED. (Rep. Ord. 5260)

Repealed by Ordinance 5260.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-C GENERAL DEVELOPMENT STANDARDS

Section 4-1-C-1 ADEQUATE PUBLIC FACILITIES REQUIRED.

Water Supply: There will be an adequate public water supply available for the proposed occupancy. An adequate public water supply shall include adequate potable water for consumption and other inside and outside uses and adequate water pressure and fire flow to meet established standards of the City for fire protection.*

*See Article 4-8-B of this Title.*
Wastewater: There will be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed occupancy. Limited, single user development may be served by septic system subject to compliance with established standards and approval of the Engineering and Construction Services Administrator.
Storm Water: The proposed storm water system, both on-site and off-site, will provide effective storm water management in accordance with all applicable regulations and will be adequate to carry projected peak flows in a design storm without causing damage to downstream public or private property, as required herein.**

**See Article 4-5-E of this Title.**
Roads: (Rep. Ord. 4749, 5/20/2005)
Other Public Services: Other public services affected by the proposed development will be substantially adequate to serve the development at existing levels of service.

Effective on: 1/1/1901

Section 4-1-C-2 LOCATION OF DEVELOPMENT.

Effective on: 1/1/1901

Section 4-1-C-3 STANDARDS FOR STORAGE OF MATERIALS AND GOODS.

The following additional standards shall apply to all commercial and industrial activities:

Retail Districts: All business activities or services in the commercial retail districts shall be conducted within completely enclosed buildings. This standard shall apply to permitted processing and manufacturing activities in such districts, if any. All products sold or rented and services rendered shall be inside a building, except for permitted drive-thru services. No merchandise or equipment shall be stored or displayed outside a building. Storage may be permitted outdoors when shown on the preliminary or final plan, but such storage shall be effectively screened so that such activities, services, products or materials will not be visible from any public right-of-way or from adjacent property.
Other Districts: All business activities or services in the industrial or business park districts shall be conducted within completely enclosed buildings. This shall include, but not be limited to, the manufacturing and processing of materials. Storage may be permitted outdoors when shown on the final plan in the industrial district, but it shall be effectively screened so that the materials, services, activities or products will not be easily visible from any public right-of-way or adjoining property.

Effective on: 1/1/1901

Section 4-1-C-4 PERFORMANCE STANDARDS IN ALL DISTRICTS.

Heat: No heat from furnace processing equipment or other device shall be sensed at the lot line to the extent of raising the temperature of air or materials more than 5 degrees F.

Noise:

1.
Definitions: The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section unless otherwise defined in the text of the Section.
1. a.
  Commercial Area - property zoned NP-O, CP-O, CP-1, CP-2, CP-3, CO-4, HBD, or PUD (only if it contains commercial uses and no residential uses), or property operating under a special use permit for a commercial use.
2. b.
  Complainant - a property owner or tenant who files a complaint concerning an alleged noise disturbance.
3. c.
  dB(A) - a weighted sound level measured in decibels by a general purpose, properly calibrated, sound level meter complying with the provisions of the American National Standard Institute.
4. d.
  Emergency Motor Vehicle - a motor vehicle belonging to a fire department or certified private volunteer firefighter or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal governmental agency, provided such vehicle is being used as an emergency vehicle by one authorized to use such vehicle for that purpose.
5. e.
  Industrial Area - property zoned BP-1, BP-2, or PUD (only if it contains industrial uses and no commercial or residential uses), or property operating under a special use permit for an industrial use.
6. f.
  Noise Disturbance - includes both violations of performance standards established in Section 4-1-C-4-E-2 and violations of the prima facie noise standards established in Section 4-1-C-4-E-3.
7. g.
  Plainly Audible - capable of being heard. It is not necessary to distinguish words or melodies. A plainly audible sound may consist of bass alone.
8. h.
  Property Owner - the named property owner as indicated by the records of the Register of Deeds or Appraiser's Office in Johnson County, Kansas.
9. i.
  Residential Area - property zoned RE, RP-E, R-1, RP-1, RP-2, RP-3, RP-4, RP-5, AG or PUD (only if it contains residential uses), or property upon which a legal non-conforming residential use is operating.
10. j.
  Sound Amplification or Producing Device or Similar Equipment - shall mean radio, radio receiving set, television, phonograph, stereo, tape player, cassette player, compact disc player, "boom box," loudspeaker, drum, jukebox, nickelodeon, musical instrument, sound amplifier or other device that produces, reproduces, or amplifies sound.
11. k.
  Tenant - any person who has an interest in real property either by oral or written lease or covenant.
2.
Performance Standards. It shall be unlawful to make or cause to be made sound or noise in excess of the noise performance standards established in this Section. A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below:

Area             7:00 a.m. - 7:00 p.m.                    7:00 p.m. - 7:00 a.m.
Residential             70 dB(A)                                            55 dB(A)
Commercial           65 dB(A)                                            60 dB(A)
Industrial               70 dB(A)                                            65 dB(A)
3.
Prima Facie Violations. It shall be unlawful to conduct or allow to be conducted any of the following noise-producing activities so as to cause a sound plainly audible across any property boundary line in a residential area during specified times. The fact that the noise is plainly audible across a property boundary line constitutes prima facie evidence of a violation of this Section.
1. a.
  A sound resulting from the erecting, constructing, excavating, demolishing, altering, or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
2. b.
  The repairing, rebuilding, or modifying of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
3. c.
  The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any sound amplification or producing device or similar equipment is creating a sound that is plainly audible at least fifty (50) feet from the source of the sound. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
4. d.
  The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
5. e.
  The operating, playing, permitting or causing to be operated or played any sound amplification or producing device or similar equipment in a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the area and dB(A) limits set forth in Section 4-1-C-4-E-2.
6. f.
  The creation of noise in connection with loading or unloading any vehicle, in the opening and destruction of bales, boxes, crates and containers, or in the handling, loading or unloading of trash, recyclable material, or solid waste in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
7. g.
  The creation of noise or sound by any source, unless exempted under Section 4-1-C-4-E-7, that is offensive or distracting to any reasonable person of normal auditory sensitivity while attending any school, institution of learning, or church, while that institution is in use.
4.
Minimum Evidentiary Requirements for Prima Facie Noise Violations. The demonstration of a prima facie noise violation under Section 4-1-C-4-E-3 shall be based on any combination of the following evidence:
1. a.
  Auditory confirmation by the Community Standards Officer of the noise at issue, or a similar noise from the same source, and a follow-up written report identifying the source, the property owner and/or tenant causing and/or allowing the noise, the type of noise, the distance at which the noise was plainly audible, and any other relevant information;
2. b.
  A written statement from the complainant (if involved) concerning the noise at issue;
3. c.
  An audio recording by the complainant (if involved) of the noise at issue, or
4. d.
  A video recording or photograph by the complainant (if involved) of the noise-producing source or action at issue.
5.
Authority to Commence an Enforcement Action.
1. a.
  The Community Standards Officer has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 in a situation involving a sound plainly audible across any property boundary line other than that of the sound source.
2. b.
  A complainant has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 only in a situation involving a sound plainly audible across the complainant's property boundary line.
3. c.
  Enforcement actions shall be executed in accordance with the property use and maintenance code enforcement process set forth in Article 3-5-H.
6.
Unlawful to Allow a Noise Disturbance; Responsibility for Abatement.
1. a.
  It is unlawful for any property owner or tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a noise disturbance as defined in Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 of this Section on said property.
2. b.
  The property owner, tenant, or other such person with control, occupancy, or possession of property, shall be responsible for abatement of noise disturbances occurring on that property and failure to do so shall be a violation of this Section.
7.
Exemptions. The following shall not be considered to be noise disturbances for purposes of this Section:
1. a.
  Sound from law enforcement motor vehicles and other emergency motor vehicles, including, but not limited to, snow-clearing equipment.
2. b.
  Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies, or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened.
3. c.
  Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit that specifically allows the sound from any department, board, or commission of the City authorized to issue a license or permit.
4. d.
  Sound from the operation of emergency generators used in emergency situations when electricity from the grid is unavailable.

Vibration:

1.
General Standards: To limit adverse impacts on adjacent property, man-made earthborne vibrations shall not exceed the particle velocities so designated. A suitable instrument used for this measurement shall be a 3-component measuring system capable of simultaneous measurement of vibration in 3 mutually perpendicular directions. It shall indicate the maximum vibration, given as particle velocity. The maximum particle velocity shall be the vector sum of the 3 components recorded. Such particle velocity shall not exceed .10 inches per second at the lot line of the property on which the activity takes place nor shall it exceed .02 inches per second at the lot line of the nearest parcel of land zoned residential. These values may be multiplied by 2 for impact vibrations; e.g., discrete vibration pulsations not exceeding 1 second in duration and having a pause of at least 1 second between pulses. Vehicular traffic and nonblasting vibration resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from these standards.
2.
Construction And Mineral Extraction Blasting Standards: The general vibration standards do not take into account the special needs of businesses/contractors in the construction and/or mineral extraction industries. Special vibration standards for blasting helps ensure that these industries are able to operate in a manner which minimizes damage to nearby structures while limiting complaints received from persons on surrounding properties. The following standards attempt to address both the structural and psychological concerns of blasting vibrations.

Blasting Ground Vibration Standards
Blast Type	Parcels Within 500 Ft. of Blast	Maximum Allowable Peak Particle Velocity for Ground Vibration in Inches/Second
Blast Type	Parcels Within 500 Ft. of Blast	Frequencies - 4-30 Hz	Frequencies > 30 Hz
Intermittent Blasting: (i.e., temporary construction activities)	Developed parcels Vacant/agricultural parcels	0.75 see OSMRE blasting chart	1.0 see OSMRE blasting chart
Recurring Blasting: (i.e., mineral extraction purposes)	Developed parcels Vacant/agricultural parcels	0.50 see OSMRE blasting chart	0.50 see OSMRE blasting chart

NOTE: Particle velocity shall be recorded in 3 mutually perpendicular directions and shall be measured from the blast location to the property line of surrounding parcels within 500 feet of the blast. The maximum allowable peak particle velocity shall apply to each of the 3 measurements. Some of these standards are below guidelines established by the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) in their Blasting Level Chart, Figure 12, Blasting Guidance Manual, March 1987. The Blasting Level Chart determines the threshold vibration levels which may indicate potential for structural damage. The standards noted above attempt to take into account some of the negative psychological responses that can result from blasting adjacent to occupied structures, particularly for recurring blasting. However, it is understood that occasional, nonroutine blasting at higher levels may be needed for specific purposes. Therefore, the Fire Chief may modify these requirements to minimize complaints or to allow blasting at higher levels for specific purposes.

Airblast Vibration/Noise Standards*
Lower Frequency Limit of Measuring System, in HZ	Maximum Level in dB (+, -3dB)
2 Hz or lower - flat response	133 peak
6 Hz or lower - flat response	129 peak

NOTE: An airblast shall not exceed the maximum limits noted above measured at the property line of adjoining property containing any building. The Fire Chief may modify these standards for unique blasting needs or to prevent damage.
* "Blast Monitoring" (Applies to both tables): The blast contractor shall conduct periodic monitoring of blasts to ensure compliance with these vibrations/noise standards. The Fire Chief may require monitoring of shots that appear to deviate from established standards or that are located within 300 feet of an existing building. A seismographic record, including both particle velocity and vibration frequency levels shall be provided.

G.
Air Pollution: The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation or activity except solid waste incinerators within the boundaries of any lot, shall not exceed the levels established by State rules and regulations governing air contamination and air pollution.
H.
Prima Facie Odor Violations:
1. 1.
  It shall constitute prima facie evidence of an odor violation if a chemical or substance is used, stored, or placed at a property and the odor emanating from the chemical or substance is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity.
2. 2.
  It shall constitute prima facie evidence of an odor violation if an odor is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity, the odor persists for in excess of eight (8) consecutive hours, and the source of the odor is any of the following activities or conditions:
  1. a.
    Trash or garbage placed outside;
  2. b.
    Animal waste in yard, kennel, or stable; or
  3. c.
    Septic conditions resulting from standing water or liquid waste.
3. 3.
  It shall constitute prima facie evidence of an odor violation if a process, activity or condition results in frequent, periodic releases of odor-producing substances that are offensive to and plainly detectable by a reasonable person with ordinary olfactory sensitivity. A frequent, periodic release involves at least four (4) separate releases in a twenty-four (24) hour period.
I.
Exterior Area Lighting:
1. 1.
  Purpose and Intent: The purpose and intent of this section is to insure that exterior lighting provides functional needs for a development site in a manner that does not adversely affect adjacent properties; provides for fixtures that are architecturally and operationally compatible with the serviced property as well as surrounding development; and promotes safe vehicular and pedestrian access and circulation. This section is not intended to require exterior lighting. However, if exterior lighting is proposed to be installed it shall comply with the requirements of this section.
  All exterior lighting shall be installed in conformance with the provisions of this Ordinance and the most recently adopted Electrical and Energy codes.
2. 2.
  Definitions: When used in the context of this section the following terms are defined as follows:
  1. a.
    Accent Lighting: Directional lighting primarily used to provide subtle emphasis on a particular object or to focus attention to a part of the field of view.
  2. b.
    Architectural Lighting: Lighting used to emphasize important details of a structure and enhance architectural value.
  3. c.
    Color Rendering Index (CRI): A measure of the ability of a light source to render colors compared to a reference light source of comparable colors temperatures. This provides the ability to determine the type of light source that effectively allows the human eye to perceive objects in their true color.
  4. d.
    Cutoff: A design attribute of a light fixture that allows for up to 2.5 percent of the rated lumens to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture (this would allow for a slightly angled fixture or drop lens).
  5. e.
    Footcandles, Horizontal: The amount of light being received on a horizontal surface such as a street or parking lot and measured with a Light Meter.
  6. f.
    Footcandles, Vertical: The amount of light being received on a vertical surface such as a wall or building facade and measured with a Light Meter.
  7. g.
    Full Cutoff, (down-lighting-only): A design attribute similar to cutoff fixture except that it allows no light to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture.
  8. h.
    Glare: Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
  9. i.
    House-side Shield: A house-side shield typically consists of a visor or solid panel that attaches to a lighting fixture and effectively restricts the view of the light source from the adjacent property. This provision is applicable for both light poles and lighting fixtures mounted on the side of a building or structure.
  10. j.
    Light Trespass: Light emitted by a fixture(s), which is cast beyond the boundaries of the property on which the lighting installation is sited.
  11. k.
    Light Meter: A photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.
  12. l.
    Loss Factor: A number of operational and environmental conditions interfere with the transmission of the light from a light fixture which effectively results in reduction in light intensity. Interfering conditions may include but are not limited to a depreciation in the integrity of the lens material, dirt on the lamp or lens, age of the lamp, and ambient temperature. These conditions are captured as a performance metrics called the light loss factors. Light loss factors are described as percentages or decimals, which are then multiplied to result in a final Light Loss Factor in lighting calculations.
  13. m.
    Lumen: A measure of light that is visible to the human eye.
  14. n.
    Point-by-Point Photometric Layout Plan: A plan of computer-generated lighting calculations that show light levels at regular spaced intervals with the intent to simulate the performance qualities of lighting designs for new development or renovation projects. The plans are generally set up on a 10 foot by 10 foot (or less) grid, across the entire site with each point of intersection labeled with the illumination level created by the proposed lighting program. For the purpose of this section, illumination levels shall be described in footcandles.
3. 3.
  Applicability and Exemptions: With the exception of one-family or two-family dwelling uses, the standards of this section shall apply to all new building and site development as well as expansions and modification of existing development.
  1. a.
    Lighting required by federal, state, county or city agencies, are exempt from this section.
  2. b.
    This section does not apply to fixtures engaged for emergency situations or motion detecting only.
  3. c.
    Existing development is not subject to the lighting standards of this section until such time as the building or site area is proposed for redevelopment or when alterations to the site or building involve the installation of new fixtures or require existing fixtures to be modified or replaced.
  4. d.
    This section does not apply to Street Lighting. Street Lighting shall comply with Article 4-6-E of the Unified Development Code.
  5. e.
    Outdoor Recreational Uses: Because of their unique requirements for nighttime visibility and their limited hours of operation, public, or privately owned ball fields, driving ranges, tennis courts, outside theaters, arenas and other similar outdoor recreational uses shall be reviewed on a case by case basis in order to determine appearance and performance qualities that are appropriate for the specific use and compatible with neighboring development. The following provisions would apply to all outdoor recreational uses:
    1.
    Full cutoff fixtures are not required for these types of outdoor recreational use areas provided the light source is shielded to minimize light trespass to surrounding residential properties and neighborhoods:
    2.
    Maximum permitted illumination at the property line of the recreational use, as generated by the recreational use is one footcandle.
    3.
    Lighting shall be controlled in a manner to be capable of being turned off automatically 1 hour after close of business.
  6. f.
    Seasonal Lighting: Temporary lighting utilized in connection with holidays and other typically celebrated traditions are exempt from this section, provided the output of any individual light source used for this lighting situation does not exceed 50 lumens.
4. 4.
  Prohibited Lighting:
  1. a.
    Lighting that creates a traffic hazard is prohibited. Direct or reflected light from any outdoor light source shall not create a traffic hazard for operators of motor vehicles on public or private streets, parking lots or other vehicular use areas open to public access.
  2. b.
    No lights may be used in such a way as to be confused with or construed as traffic control devices.
  3. c.
    No blinking, rotating, flashing or fluttering bulbs, or other illuminated device that is intended to provide changing light intensity, brightness or color, is allowed except as may be permitted in Section 4-1-B-25, Special Events
  4. d.
    Searchlights and spotlights are prohibited except as may be permitted in Section 4-1-B-25, Special Events
5. 5.
  Lighting Levels:
  The following Table gives maximum lighting levels for outdoor activity areas with calculations to incorporate a light loss factor of no greater than 0.7;

Maximum Lighting Levels for Outdoor Activity Areas
	Building Entries	Parking Lots and other Vehicular Staging Areas	Pedestrian Walkways	Under Fueling Station Canopies
Maximum allowable single point light levels measured in horizontal footcandles at-grade	15.0	10.0 (Discernable blocks of vehicular use areas, located on the same property, must be calculated separately)
			05.0	25.0
The lighting design for parking lots must incorporate an average/minimum uniformity ratio of 5:1 (average horizontal light level divided by the minimum horizontal light level).
Lighting plans shall be designed so that direct and indirect light from the source shall not cause illumination in excess of 0.5 vertical footcandles when measured at any point along the property line of an adjacent residential district.

6.
Plan Requirements:
1. a.
  With the exception of lighting for public streets, all other exterior lighting used to illuminate buildings, parking areas, pedestrian walkways, bikeways, landscape, and other outside use areas, shall be evaluated with application for Final Plan review. Projects that do not require plan review will be evaluated with the application for permit review.
2. b.
  Required information shall include but not be limited to, fixture locations in conjunction with a point-by-point photometric layout plan and calculations to show compliance with the lighting standards contained in this ordinance section. Area light calculations shall provide illumination levels as measured in horizontal footcandles at grade.
3. c.
  For property lines abutting residential properties, illumination levels are to reflect a measure in vertical footcandles along said property line at 5 feet above grade, with the light meter facing into the site and perpendicular to horizontal plane.
4. d.
  Calculations must reference compatibility with applicable Illuminating Engineering Society (IES) guidelines and standards. In conjunction with the photometric plan, a complete description of all related appearance and performance specifications shall be provided for each selected fixture.
7.
Fixture Design and Compatibility:
1. a.
  With the exception of fixtures used for Accent Lighting, exterior light fixtures shall be full cutoff fixtures to prevent glare and minimize light trespass onto adjacent properties, buildings, and roadways. These fixtures shall also include flat lenses and non-adjustable mounting brackets.
2. b.
  House-side shields must be provided for fixtures located along the perimeter of a site that is adjacent to single and two-family development and fixtures located within a multifamily development 30 feet or less from an interior living space.
3. c.
  Fixtures used for under canopy lighting must be fully recessed into the ceiling of the canopy and must be equipped with flat lenses mounted flush with the ceiling surface. If structural limitations do not allow for recessed mounting, fixtures may extend below or be fastened to the ceiling provided the fixtures are equipped with flat lenses set flush with the bottom of the fixture (no wrap around or drop lenses) and the fixture does not project lower than the bottom edge of the canopy facade.
4. d.
  The overall lighting scheme shall consist of a coordinated design utilizing fixtures that complement the specific building and site design being serviced by the lighting program as well as coordinating with the general lighting scheme (pole color, mounting height, light source color, etc.) of the surrounding development.
8.
Color Rendering of the Light Sources: Lighting fixtures shall utilize high CRI types of light sources such as halogen, metal halide, or LED(Light Emitting Diodes) to ensure true-color at night, visual comfort for pedestrians, and energy efficiency. For basic color recognition CRI values shall not be less than 65 CRI; values of 80 CRI and greater are preferred for applications where color quality is important.
9.
Mounting Height:
1. a.
  Pole Mounted: Pole mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. Mounting height is measured from grade to the base of the fixture casing If a concrete base is used, the base height shall not exceed 2 feet and the base shall be included in the overall allowable mounting height.
2. b.
  Building Mounted: Building mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. The fixture shall not extend above the top of the exterior wall on which they are placed or above the eave line of a gabled roof.
3. c.
  Pedestrian Oriented Fixtures: Pole mounted fixtures used for pedestrian walkways and gathering areas shall be no more than 15 feet in height. Pedestrian bollard-type lighting shall be no more than 4 feet in height.
10.
Special Lighting Situations:
1. a.
  Architectural Lighting: Architectural lighting, either ground or wall-mounted, may be used for the illumination of building and site features. Representative documentation as part of the site or development plan review process is required; documentation must include light fixture cut sheets, calculations or imagery to assist in understanding of proposed lighting. It is the intent of this requirement to keep light level intensities for these applications appropriate to the surrounding outdoor lighting environment.
  
  Spotlighting or floodlighting used for architectural or landscape purposes, must be aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. The light source must be shielded from public view with the use of baffles mounted to the casings and/or with the use of appropriate landscaping.
2. b.
  Accent Lighting:
  1. 1.
    Low intensity strings of lights may be used for patios/outside dining areas provide each individual light source does not exceed a light output of more than 50 lumens (approximately the light output of a 5 to 8 watt incandescent bulb) and the overall illumination level for the serviced area does not exceed 5 footcandles (The light level maximum is intended for general dining experience. Strings of lights must be located under awnings and canopies only, or, if a structural cover is not proposed, the lighting feature may provide the illusion of a structural cover. The lighting feature must not, however, extend above the exterior wall of a building facade (eave line of a gabled roof) or 12 feet in height, whichever is less. Strings of lights must be of a single color and arranged in a manner that is coordinated with the architecture of the building and the configuration of serviced space.
  2. 2.
    Individual or freestanding unshielded wall and pole mounted accent lighting fixtures as well as bollard type lighting may be used to enhance outside activity areas and pedestrian walkways provided the light source does not exceed a light output of 1,100 lumens (approximately the light output of a 75 watt incandescent bulb). Cutoff fixtures may be utilized where the light source exceeds 1,100 lumens.
11.
Deviations:
1. a.
  Approval: It is recognized that development constraints and site conditions can differ greatly from one location to another. Accordingly, if it is determined that the submitted plan conforms to the purpose and intent of this Section the Director of Community Development may approve lighting plans that vary from strict compliance with the provisions of this Section. The design considerations must be clearly identified on the proposed lighting plan and be accompanied by a written description of the proposed variations from strict compliance with the code and an explanation of how the purpose and intent of this Section will be addressed.
2. b.
  Appeal: An applicant may appeal a decision by the Director of Community Development to deny the alternative design proposal to the Planning Commission. In reviewing the appeal, the criteria to be considered by the Planning Commission shall include, but not be limited to:
  1. 1.
    Purpose and Intent of the Code: Does the alternative design reflect compliance with the general purpose and intent of the City’s lighting regulations? Does the proposed plan reflect a design that complies with Code requirements to the greatest extent possible and offer alternative methods for addressing specific functions of the lighting requirements of which a variation from strict compliance is being requested?
  2. 2.
    Impacts on Adjacent Properties: Will the alternative design adversely affect neighboring property owners or residents?
  3. 3.
    Safety: Will the alternative design adversely affect safety?
  4. 4.
    Site Constraints: Are there unique site constraints that justify the deviation from the requirements of this Section?

J. Sulfur Oxides:

1.
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other processes shall be limited in accordance with the requirement of each district. The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.
2.
In residential districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.01 pounds per hour per 5 acres of lot area.
3.
In commercial districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.02 pounds per hour per acre of lot area.
4.
In industrial districts, the maximum emission rate of sulfur oxides from all stacks shall be 1 pound per hour per acre of lot area.

K. Smoke:

1.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines, shall be used.
2.
In residential districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited.
3.
In commercial districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 1 is permitted for up to 3 minutes total in any one 8 hour period.
4.
In industrial districts, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to 3 minutes total in any one 8 hour period.

L. Toxic Matter:

1.
The ambient air quality standards for the State shall be the guide to release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State, the release of such materials shall be in accordance with the fractional quantities permitted below of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any 24-hour sampling period.
2.
In residential districts, no airborne toxic material shall be released.
3.
In commercial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
4.
In industrial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.

Effective on: 1/1/1901

Section 4-1-C-5 ARCHITECTURAL DESIGN STANDARDS.

Residential Districts: No single-family or duplex home shall be erected that does not meet the following minimum standards:

Permanent Foundations: The dwelling unit shall be erected on a permanent foundation.
Minimum Dimension: The smaller dimension of a rectangular dwelling unit shall be at least 24 feet. If a dwelling unit is not rectangular, then the minimum dimension of a rectangle superimposed over and enclosing the entire footprint of the dwelling unit shall be at least 24 feet.
Roof Design: The pitch of the roof shall be at least 3 in 12, and the roof eaves shall extend at least 12 inches beyond the wall of the dwelling on the 2 longer sides. The Community Development Director may approve a roof with a lesser pitch when the area of the lesser roof pitch is part of a consistent architectural design based on the overall architectural character of the house or when the area of the lesser roof pitch is less than 25% of the total roof area.
Exterior Surfaces: The nonglass exterior surfaces of the dwelling shall not be made of galvanized metal or corrugated metal and shall, in general, not reflect light to a greater extent than would a coat of semi-gloss enamel applied to wood.
Porch And Garage: A single-family dwelling shall include a garage or carport, constructed with the same materials as the dwelling. In addition, a single-family dwelling shall include a covered entrance, alcove or porch. The Planning Commission may grant exceptions to this standard where it finds that the proposed residential design is compatible with the neighborhood character and predominant architecture.

Rooftop Equipment: Rooftop equipment shall be screened from view from the ground near the building with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.
Form, Scale And Proportion: The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.
Unusual Buildings: The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided.
Mass And Voids: The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings.
Long Facades: Where large structures with overly-long facades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features.
Architectural Design: Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged.
Monotony: Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.
Roofs: Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important.
Materials: Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.
Design Uniformity: Architectural treatments (e.g., building materials, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on 1 side and pedestrian access on another).

Effective on: 1/1/1901

Section 4-1-C-6 STREET ACCESS.

Spacing From Signalized Intersections: The minimum distance from the curb return of a signalized intersection to the center line of the first access point of an intersecting street, road or driveway shall be 600 feet and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing From Other Access Points: Additional approaches onto an arterial street shall be spaced a minimum of 460 feet from other intersecting streets, roads or driveways, measured from center lines, and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing Of Median Openings: Full access median openings shall be spaced at least 1,320 feet apart. Partial access median openings shall be spaced at least 460 feet from full access median openings.

Collector Streets: Direct access to collector streets from single-family lots is discouraged. Direct access to collector streets shall be regulated in accordance with the following standards:

Spacing From Controlled Intersections: The minimum distance from the curb return of a controlled intersection to the center line of the first access point of an intersecting street, road or driveway shall be as follows:

Intersecting Street	Distance (feet)
Arterial	600
Collector	300
Local	75

1. Spacing From Other Access Points: Additional approaches onto a collector street shall be spaced a minimum of 300 feet from other intersecting streets, roads or driveways, measured from center lines.

Waivers:
1. City Transportation Manager: Waivers from these access standards shall be approved by the City Transportation Manager if the City Transportation Manager determines that strict adherence to the standards will create unreasonable hardship to the development of abutting property. Such waivers, however, shall be granted only after the submission of a traffic analysis that demonstrates that the requested waiver will not create a serious detriment to the safety and/or operation of traffic on the street or roadway. The requirements for a traffic analysis may be waived by the City Transportation Manager if it is determined that such an analysis is unnecessary in rendering a competent decision on the requested waiver.
2. Appeals Of City Transportation Manager’s Decision: The City Council is authorized to hear appeals of the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section, after review and recommendation of the Planning Commission. Any person aggrieved by the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section may appeal the decision to the City Council by filing an application with the City Transportation Manager. All decisions and recommendations on requested waivers from these traffic access standards shall be based upon whether the requested waiver will pose a serious detriment to the safety and/or operation of the subject roadway.

Effective on: 1/1/1901

Section 4-1-C-7 PEDESTRIAN ORIENTED DESIGN STANDARDS.

Location and Width: Connections should be a reasonably direct path, and sized based on the number of parking spaces serving the building entrance(s), off-site pedestrian draw based on use, alternate or multiple routes, and other measures of anticipated usage. Where feasible, these sidewalks can be routed through landscaped islands in parking lots to serve both the public sidewalk and parking areas. As a general guideline, sidewalks should be sized as follows:

No. of Parking Spaces Served	Minimum Width of Sidewalk
Under 50	5 feet
50 - 200	6 feet
201 - 500	8 feet
Over 500	10 feet

1. Provision of Crosswalks: Crosswalks shall be provided where sidewalks cross streets and drives. Crosswalks adjacent to building entrances that service over 50 parking spaces shall be of a contrasting pavement treatment. Other crosswalks may be painted, preferably with longitudinal bars.

Provision of Pedestrian-Scale Public Space: Every principal retail, office, or single entrance multifamily building shall provide a public space, such as a plaza, courtyard, or garden within the vicinity of the main pedestrian entrance(s) to the building.
1. Size: The minimum amount of all public spaces within a site shall be 10 square feet for each parking stall provided, or 200 square feet, whichever is greater. The public space will be defined by the combination of paved areas, associated plantings, and architectural features.
2. Amenities: Each public space shall include seating in the form of benches or ledges and accent and seasonal plantings. In addition, the public space should include at least one of the following:
  1. A fountain, pond, or other water feature.
  2. Upgraded textured paving, such as brick or stone.
  3. Sculpture or other artwork.
  4. A portico, trellis, or other architectural shade feature covering part of the seating area.
3. Design: On larger or multiple building sites, public space may also be located at key points along major pedestrian paths, or aggregated at a central location. In retail locations, it is strongly encouraged that public spaces include areas specifically designed for seasonal outdoor sales and/or restaurant seating, and that specific layout for these activities be reflected on the plans.

Effective on: 1/1/1901

Section 4-1-C-8 STORM PROTECTION AREA REQUIRED. (Rep. Ord. 5260)

Repealed by Ordinance 5260.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-C GENERAL DEVELOPMENT STANDARDS

Section 4-1-C-1 ADEQUATE PUBLIC FACILITIES REQUIRED.

Water Supply: There will be an adequate public water supply available for the proposed occupancy. An adequate public water supply shall include adequate potable water for consumption and other inside and outside uses and adequate water pressure and fire flow to meet established standards of the City for fire protection.*

*See Article 4-8-B of this Title.*
Wastewater: There will be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed occupancy. Limited, single user development may be served by septic system subject to compliance with established standards and approval of the Engineering and Construction Services Administrator.
Storm Water: The proposed storm water system, both on-site and off-site, will provide effective storm water management in accordance with all applicable regulations and will be adequate to carry projected peak flows in a design storm without causing damage to downstream public or private property, as required herein.**

**See Article 4-5-E of this Title.**
Roads: (Rep. Ord. 4749, 5/20/2005)
Other Public Services: Other public services affected by the proposed development will be substantially adequate to serve the development at existing levels of service.

Effective on: 1/1/1901

Section 4-1-C-2 LOCATION OF DEVELOPMENT.

Effective on: 1/1/1901

Section 4-1-C-3 STANDARDS FOR STORAGE OF MATERIALS AND GOODS.

The following additional standards shall apply to all commercial and industrial activities:

Retail Districts: All business activities or services in the commercial retail districts shall be conducted within completely enclosed buildings. This standard shall apply to permitted processing and manufacturing activities in such districts, if any. All products sold or rented and services rendered shall be inside a building, except for permitted drive-thru services. No merchandise or equipment shall be stored or displayed outside a building. Storage may be permitted outdoors when shown on the preliminary or final plan, but such storage shall be effectively screened so that such activities, services, products or materials will not be visible from any public right-of-way or from adjacent property.
Other Districts: All business activities or services in the industrial or business park districts shall be conducted within completely enclosed buildings. This shall include, but not be limited to, the manufacturing and processing of materials. Storage may be permitted outdoors when shown on the final plan in the industrial district, but it shall be effectively screened so that the materials, services, activities or products will not be easily visible from any public right-of-way or adjoining property.

Effective on: 1/1/1901

Section 4-1-C-4 PERFORMANCE STANDARDS IN ALL DISTRICTS.

Heat: No heat from furnace processing equipment or other device shall be sensed at the lot line to the extent of raising the temperature of air or materials more than 5 degrees F.

Noise:

1.
Definitions: The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section unless otherwise defined in the text of the Section.
1. a.
  Commercial Area - property zoned NP-O, CP-O, CP-1, CP-2, CP-3, CO-4, HBD, or PUD (only if it contains commercial uses and no residential uses), or property operating under a special use permit for a commercial use.
2. b.
  Complainant - a property owner or tenant who files a complaint concerning an alleged noise disturbance.
3. c.
  dB(A) - a weighted sound level measured in decibels by a general purpose, properly calibrated, sound level meter complying with the provisions of the American National Standard Institute.
4. d.
  Emergency Motor Vehicle - a motor vehicle belonging to a fire department or certified private volunteer firefighter or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal governmental agency, provided such vehicle is being used as an emergency vehicle by one authorized to use such vehicle for that purpose.
5. e.
  Industrial Area - property zoned BP-1, BP-2, or PUD (only if it contains industrial uses and no commercial or residential uses), or property operating under a special use permit for an industrial use.
6. f.
  Noise Disturbance - includes both violations of performance standards established in Section 4-1-C-4-E-2 and violations of the prima facie noise standards established in Section 4-1-C-4-E-3.
7. g.
  Plainly Audible - capable of being heard. It is not necessary to distinguish words or melodies. A plainly audible sound may consist of bass alone.
8. h.
  Property Owner - the named property owner as indicated by the records of the Register of Deeds or Appraiser's Office in Johnson County, Kansas.
9. i.
  Residential Area - property zoned RE, RP-E, R-1, RP-1, RP-2, RP-3, RP-4, RP-5, AG or PUD (only if it contains residential uses), or property upon which a legal non-conforming residential use is operating.
10. j.
  Sound Amplification or Producing Device or Similar Equipment - shall mean radio, radio receiving set, television, phonograph, stereo, tape player, cassette player, compact disc player, "boom box," loudspeaker, drum, jukebox, nickelodeon, musical instrument, sound amplifier or other device that produces, reproduces, or amplifies sound.
11. k.
  Tenant - any person who has an interest in real property either by oral or written lease or covenant.
2.
Performance Standards. It shall be unlawful to make or cause to be made sound or noise in excess of the noise performance standards established in this Section. A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below:

Area             7:00 a.m. - 7:00 p.m.                    7:00 p.m. - 7:00 a.m.
Residential             70 dB(A)                                            55 dB(A)
Commercial           65 dB(A)                                            60 dB(A)
Industrial               70 dB(A)                                            65 dB(A)
3.
Prima Facie Violations. It shall be unlawful to conduct or allow to be conducted any of the following noise-producing activities so as to cause a sound plainly audible across any property boundary line in a residential area during specified times. The fact that the noise is plainly audible across a property boundary line constitutes prima facie evidence of a violation of this Section.
1. a.
  A sound resulting from the erecting, constructing, excavating, demolishing, altering, or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
2. b.
  The repairing, rebuilding, or modifying of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
3. c.
  The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any sound amplification or producing device or similar equipment is creating a sound that is plainly audible at least fifty (50) feet from the source of the sound. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
4. d.
  The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
5. e.
  The operating, playing, permitting or causing to be operated or played any sound amplification or producing device or similar equipment in a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the area and dB(A) limits set forth in Section 4-1-C-4-E-2.
6. f.
  The creation of noise in connection with loading or unloading any vehicle, in the opening and destruction of bales, boxes, crates and containers, or in the handling, loading or unloading of trash, recyclable material, or solid waste in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.
7. g.
  The creation of noise or sound by any source, unless exempted under Section 4-1-C-4-E-7, that is offensive or distracting to any reasonable person of normal auditory sensitivity while attending any school, institution of learning, or church, while that institution is in use.
4.
Minimum Evidentiary Requirements for Prima Facie Noise Violations. The demonstration of a prima facie noise violation under Section 4-1-C-4-E-3 shall be based on any combination of the following evidence:
1. a.
  Auditory confirmation by the Community Standards Officer of the noise at issue, or a similar noise from the same source, and a follow-up written report identifying the source, the property owner and/or tenant causing and/or allowing the noise, the type of noise, the distance at which the noise was plainly audible, and any other relevant information;
2. b.
  A written statement from the complainant (if involved) concerning the noise at issue;
3. c.
  An audio recording by the complainant (if involved) of the noise at issue, or
4. d.
  A video recording or photograph by the complainant (if involved) of the noise-producing source or action at issue.
5.
Authority to Commence an Enforcement Action.
1. a.
  The Community Standards Officer has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 in a situation involving a sound plainly audible across any property boundary line other than that of the sound source.
2. b.
  A complainant has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 only in a situation involving a sound plainly audible across the complainant's property boundary line.
3. c.
  Enforcement actions shall be executed in accordance with the property use and maintenance code enforcement process set forth in Article 3-5-H.
6.
Unlawful to Allow a Noise Disturbance; Responsibility for Abatement.
1. a.
  It is unlawful for any property owner or tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a noise disturbance as defined in Section 4-1-C-4-E-2 or Section 4-1-C-4-E-3 of this Section on said property.
2. b.
  The property owner, tenant, or other such person with control, occupancy, or possession of property, shall be responsible for abatement of noise disturbances occurring on that property and failure to do so shall be a violation of this Section.
7.
Exemptions. The following shall not be considered to be noise disturbances for purposes of this Section:
1. a.
  Sound from law enforcement motor vehicles and other emergency motor vehicles, including, but not limited to, snow-clearing equipment.
2. b.
  Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies, or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened.
3. c.
  Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit that specifically allows the sound from any department, board, or commission of the City authorized to issue a license or permit.
4. d.
  Sound from the operation of emergency generators used in emergency situations when electricity from the grid is unavailable.

Vibration:

1.
General Standards: To limit adverse impacts on adjacent property, man-made earthborne vibrations shall not exceed the particle velocities so designated. A suitable instrument used for this measurement shall be a 3-component measuring system capable of simultaneous measurement of vibration in 3 mutually perpendicular directions. It shall indicate the maximum vibration, given as particle velocity. The maximum particle velocity shall be the vector sum of the 3 components recorded. Such particle velocity shall not exceed .10 inches per second at the lot line of the property on which the activity takes place nor shall it exceed .02 inches per second at the lot line of the nearest parcel of land zoned residential. These values may be multiplied by 2 for impact vibrations; e.g., discrete vibration pulsations not exceeding 1 second in duration and having a pause of at least 1 second between pulses. Vehicular traffic and nonblasting vibration resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from these standards.
2.
Construction And Mineral Extraction Blasting Standards: The general vibration standards do not take into account the special needs of businesses/contractors in the construction and/or mineral extraction industries. Special vibration standards for blasting helps ensure that these industries are able to operate in a manner which minimizes damage to nearby structures while limiting complaints received from persons on surrounding properties. The following standards attempt to address both the structural and psychological concerns of blasting vibrations.

Blasting Ground Vibration Standards
Blast Type	Parcels Within 500 Ft. of Blast	Maximum Allowable Peak Particle Velocity for Ground Vibration in Inches/Second
Blast Type	Parcels Within 500 Ft. of Blast	Frequencies - 4-30 Hz	Frequencies > 30 Hz
Intermittent Blasting: (i.e., temporary construction activities)	Developed parcels Vacant/agricultural parcels	0.75 see OSMRE blasting chart	1.0 see OSMRE blasting chart
Recurring Blasting: (i.e., mineral extraction purposes)	Developed parcels Vacant/agricultural parcels	0.50 see OSMRE blasting chart	0.50 see OSMRE blasting chart

NOTE: Particle velocity shall be recorded in 3 mutually perpendicular directions and shall be measured from the blast location to the property line of surrounding parcels within 500 feet of the blast. The maximum allowable peak particle velocity shall apply to each of the 3 measurements. Some of these standards are below guidelines established by the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) in their Blasting Level Chart, Figure 12, Blasting Guidance Manual, March 1987. The Blasting Level Chart determines the threshold vibration levels which may indicate potential for structural damage. The standards noted above attempt to take into account some of the negative psychological responses that can result from blasting adjacent to occupied structures, particularly for recurring blasting. However, it is understood that occasional, nonroutine blasting at higher levels may be needed for specific purposes. Therefore, the Fire Chief may modify these requirements to minimize complaints or to allow blasting at higher levels for specific purposes.

Airblast Vibration/Noise Standards*
Lower Frequency Limit of Measuring System, in HZ	Maximum Level in dB (+, -3dB)
2 Hz or lower - flat response	133 peak
6 Hz or lower - flat response	129 peak

NOTE: An airblast shall not exceed the maximum limits noted above measured at the property line of adjoining property containing any building. The Fire Chief may modify these standards for unique blasting needs or to prevent damage.
* "Blast Monitoring" (Applies to both tables): The blast contractor shall conduct periodic monitoring of blasts to ensure compliance with these vibrations/noise standards. The Fire Chief may require monitoring of shots that appear to deviate from established standards or that are located within 300 feet of an existing building. A seismographic record, including both particle velocity and vibration frequency levels shall be provided.

G.
Air Pollution: The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation or activity except solid waste incinerators within the boundaries of any lot, shall not exceed the levels established by State rules and regulations governing air contamination and air pollution.
H.
Prima Facie Odor Violations:
1. 1.
  It shall constitute prima facie evidence of an odor violation if a chemical or substance is used, stored, or placed at a property and the odor emanating from the chemical or substance is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity.
2. 2.
  It shall constitute prima facie evidence of an odor violation if an odor is offensive to and plainly detectable across the property boundary line by a reasonable person with ordinary olfactory sensitivity, the odor persists for in excess of eight (8) consecutive hours, and the source of the odor is any of the following activities or conditions:
  1. a.
    Trash or garbage placed outside;
  2. b.
    Animal waste in yard, kennel, or stable; or
  3. c.
    Septic conditions resulting from standing water or liquid waste.
3. 3.
  It shall constitute prima facie evidence of an odor violation if a process, activity or condition results in frequent, periodic releases of odor-producing substances that are offensive to and plainly detectable by a reasonable person with ordinary olfactory sensitivity. A frequent, periodic release involves at least four (4) separate releases in a twenty-four (24) hour period.
I.
Exterior Area Lighting:
1. 1.
  Purpose and Intent: The purpose and intent of this section is to insure that exterior lighting provides functional needs for a development site in a manner that does not adversely affect adjacent properties; provides for fixtures that are architecturally and operationally compatible with the serviced property as well as surrounding development; and promotes safe vehicular and pedestrian access and circulation. This section is not intended to require exterior lighting. However, if exterior lighting is proposed to be installed it shall comply with the requirements of this section.
  All exterior lighting shall be installed in conformance with the provisions of this Ordinance and the most recently adopted Electrical and Energy codes.
2. 2.
  Definitions: When used in the context of this section the following terms are defined as follows:
  1. a.
    Accent Lighting: Directional lighting primarily used to provide subtle emphasis on a particular object or to focus attention to a part of the field of view.
  2. b.
    Architectural Lighting: Lighting used to emphasize important details of a structure and enhance architectural value.
  3. c.
    Color Rendering Index (CRI): A measure of the ability of a light source to render colors compared to a reference light source of comparable colors temperatures. This provides the ability to determine the type of light source that effectively allows the human eye to perceive objects in their true color.
  4. d.
    Cutoff: A design attribute of a light fixture that allows for up to 2.5 percent of the rated lumens to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture (this would allow for a slightly angled fixture or drop lens).
  5. e.
    Footcandles, Horizontal: The amount of light being received on a horizontal surface such as a street or parking lot and measured with a Light Meter.
  6. f.
    Footcandles, Vertical: The amount of light being received on a vertical surface such as a wall or building facade and measured with a Light Meter.
  7. g.
    Full Cutoff, (down-lighting-only): A design attribute similar to cutoff fixture except that it allows no light to be emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the fixture.
  8. h.
    Glare: Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
  9. i.
    House-side Shield: A house-side shield typically consists of a visor or solid panel that attaches to a lighting fixture and effectively restricts the view of the light source from the adjacent property. This provision is applicable for both light poles and lighting fixtures mounted on the side of a building or structure.
  10. j.
    Light Trespass: Light emitted by a fixture(s), which is cast beyond the boundaries of the property on which the lighting installation is sited.
  11. k.
    Light Meter: A photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.
  12. l.
    Loss Factor: A number of operational and environmental conditions interfere with the transmission of the light from a light fixture which effectively results in reduction in light intensity. Interfering conditions may include but are not limited to a depreciation in the integrity of the lens material, dirt on the lamp or lens, age of the lamp, and ambient temperature. These conditions are captured as a performance metrics called the light loss factors. Light loss factors are described as percentages or decimals, which are then multiplied to result in a final Light Loss Factor in lighting calculations.
  13. m.
    Lumen: A measure of light that is visible to the human eye.
  14. n.
    Point-by-Point Photometric Layout Plan: A plan of computer-generated lighting calculations that show light levels at regular spaced intervals with the intent to simulate the performance qualities of lighting designs for new development or renovation projects. The plans are generally set up on a 10 foot by 10 foot (or less) grid, across the entire site with each point of intersection labeled with the illumination level created by the proposed lighting program. For the purpose of this section, illumination levels shall be described in footcandles.
3. 3.
  Applicability and Exemptions: With the exception of one-family or two-family dwelling uses, the standards of this section shall apply to all new building and site development as well as expansions and modification of existing development.
  1. a.
    Lighting required by federal, state, county or city agencies, are exempt from this section.
  2. b.
    This section does not apply to fixtures engaged for emergency situations or motion detecting only.
  3. c.
    Existing development is not subject to the lighting standards of this section until such time as the building or site area is proposed for redevelopment or when alterations to the site or building involve the installation of new fixtures or require existing fixtures to be modified or replaced.
  4. d.
    This section does not apply to Street Lighting. Street Lighting shall comply with Article 4-6-E of the Unified Development Code.
  5. e.
    Outdoor Recreational Uses: Because of their unique requirements for nighttime visibility and their limited hours of operation, public, or privately owned ball fields, driving ranges, tennis courts, outside theaters, arenas and other similar outdoor recreational uses shall be reviewed on a case by case basis in order to determine appearance and performance qualities that are appropriate for the specific use and compatible with neighboring development. The following provisions would apply to all outdoor recreational uses:
    1.
    Full cutoff fixtures are not required for these types of outdoor recreational use areas provided the light source is shielded to minimize light trespass to surrounding residential properties and neighborhoods:
    2.
    Maximum permitted illumination at the property line of the recreational use, as generated by the recreational use is one footcandle.
    3.
    Lighting shall be controlled in a manner to be capable of being turned off automatically 1 hour after close of business.
  6. f.
    Seasonal Lighting: Temporary lighting utilized in connection with holidays and other typically celebrated traditions are exempt from this section, provided the output of any individual light source used for this lighting situation does not exceed 50 lumens.
4. 4.
  Prohibited Lighting:
  1. a.
    Lighting that creates a traffic hazard is prohibited. Direct or reflected light from any outdoor light source shall not create a traffic hazard for operators of motor vehicles on public or private streets, parking lots or other vehicular use areas open to public access.
  2. b.
    No lights may be used in such a way as to be confused with or construed as traffic control devices.
  3. c.
    No blinking, rotating, flashing or fluttering bulbs, or other illuminated device that is intended to provide changing light intensity, brightness or color, is allowed except as may be permitted in Section 4-1-B-25, Special Events
  4. d.
    Searchlights and spotlights are prohibited except as may be permitted in Section 4-1-B-25, Special Events
5. 5.
  Lighting Levels:
  The following Table gives maximum lighting levels for outdoor activity areas with calculations to incorporate a light loss factor of no greater than 0.7;

Maximum Lighting Levels for Outdoor Activity Areas
	Building Entries	Parking Lots and other Vehicular Staging Areas	Pedestrian Walkways	Under Fueling Station Canopies
Maximum allowable single point light levels measured in horizontal footcandles at-grade	15.0	10.0 (Discernable blocks of vehicular use areas, located on the same property, must be calculated separately)
			05.0	25.0
The lighting design for parking lots must incorporate an average/minimum uniformity ratio of 5:1 (average horizontal light level divided by the minimum horizontal light level).
Lighting plans shall be designed so that direct and indirect light from the source shall not cause illumination in excess of 0.5 vertical footcandles when measured at any point along the property line of an adjacent residential district.

6.
Plan Requirements:
1. a.
  With the exception of lighting for public streets, all other exterior lighting used to illuminate buildings, parking areas, pedestrian walkways, bikeways, landscape, and other outside use areas, shall be evaluated with application for Final Plan review. Projects that do not require plan review will be evaluated with the application for permit review.
2. b.
  Required information shall include but not be limited to, fixture locations in conjunction with a point-by-point photometric layout plan and calculations to show compliance with the lighting standards contained in this ordinance section. Area light calculations shall provide illumination levels as measured in horizontal footcandles at grade.
3. c.
  For property lines abutting residential properties, illumination levels are to reflect a measure in vertical footcandles along said property line at 5 feet above grade, with the light meter facing into the site and perpendicular to horizontal plane.
4. d.
  Calculations must reference compatibility with applicable Illuminating Engineering Society (IES) guidelines and standards. In conjunction with the photometric plan, a complete description of all related appearance and performance specifications shall be provided for each selected fixture.
7.
Fixture Design and Compatibility:
1. a.
  With the exception of fixtures used for Accent Lighting, exterior light fixtures shall be full cutoff fixtures to prevent glare and minimize light trespass onto adjacent properties, buildings, and roadways. These fixtures shall also include flat lenses and non-adjustable mounting brackets.
2. b.
  House-side shields must be provided for fixtures located along the perimeter of a site that is adjacent to single and two-family development and fixtures located within a multifamily development 30 feet or less from an interior living space.
3. c.
  Fixtures used for under canopy lighting must be fully recessed into the ceiling of the canopy and must be equipped with flat lenses mounted flush with the ceiling surface. If structural limitations do not allow for recessed mounting, fixtures may extend below or be fastened to the ceiling provided the fixtures are equipped with flat lenses set flush with the bottom of the fixture (no wrap around or drop lenses) and the fixture does not project lower than the bottom edge of the canopy facade.
4. d.
  The overall lighting scheme shall consist of a coordinated design utilizing fixtures that complement the specific building and site design being serviced by the lighting program as well as coordinating with the general lighting scheme (pole color, mounting height, light source color, etc.) of the surrounding development.
8.
Color Rendering of the Light Sources: Lighting fixtures shall utilize high CRI types of light sources such as halogen, metal halide, or LED(Light Emitting Diodes) to ensure true-color at night, visual comfort for pedestrians, and energy efficiency. For basic color recognition CRI values shall not be less than 65 CRI; values of 80 CRI and greater are preferred for applications where color quality is important.
9.
Mounting Height:
1. a.
  Pole Mounted: Pole mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. Mounting height is measured from grade to the base of the fixture casing If a concrete base is used, the base height shall not exceed 2 feet and the base shall be included in the overall allowable mounting height.
2. b.
  Building Mounted: Building mounted fixtures shall be no more than 27 feet high for parking lot and other general area lighting. Fixtures mounted no more than 32 feet in height may be utilized for truck staging areas and large office/commercial parking lots not located adjacent to residential uses. The fixture shall not extend above the top of the exterior wall on which they are placed or above the eave line of a gabled roof.
3. c.
  Pedestrian Oriented Fixtures: Pole mounted fixtures used for pedestrian walkways and gathering areas shall be no more than 15 feet in height. Pedestrian bollard-type lighting shall be no more than 4 feet in height.
10.
Special Lighting Situations:
1. a.
  Architectural Lighting: Architectural lighting, either ground or wall-mounted, may be used for the illumination of building and site features. Representative documentation as part of the site or development plan review process is required; documentation must include light fixture cut sheets, calculations or imagery to assist in understanding of proposed lighting. It is the intent of this requirement to keep light level intensities for these applications appropriate to the surrounding outdoor lighting environment.
  
  Spotlighting or floodlighting used for architectural or landscape purposes, must be aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. The light source must be shielded from public view with the use of baffles mounted to the casings and/or with the use of appropriate landscaping.
2. b.
  Accent Lighting:
  1. 1.
    Low intensity strings of lights may be used for patios/outside dining areas provide each individual light source does not exceed a light output of more than 50 lumens (approximately the light output of a 5 to 8 watt incandescent bulb) and the overall illumination level for the serviced area does not exceed 5 footcandles (The light level maximum is intended for general dining experience. Strings of lights must be located under awnings and canopies only, or, if a structural cover is not proposed, the lighting feature may provide the illusion of a structural cover. The lighting feature must not, however, extend above the exterior wall of a building facade (eave line of a gabled roof) or 12 feet in height, whichever is less. Strings of lights must be of a single color and arranged in a manner that is coordinated with the architecture of the building and the configuration of serviced space.
  2. 2.
    Individual or freestanding unshielded wall and pole mounted accent lighting fixtures as well as bollard type lighting may be used to enhance outside activity areas and pedestrian walkways provided the light source does not exceed a light output of 1,100 lumens (approximately the light output of a 75 watt incandescent bulb). Cutoff fixtures may be utilized where the light source exceeds 1,100 lumens.
11.
Deviations:
1. a.
  Approval: It is recognized that development constraints and site conditions can differ greatly from one location to another. Accordingly, if it is determined that the submitted plan conforms to the purpose and intent of this Section the Director of Community Development may approve lighting plans that vary from strict compliance with the provisions of this Section. The design considerations must be clearly identified on the proposed lighting plan and be accompanied by a written description of the proposed variations from strict compliance with the code and an explanation of how the purpose and intent of this Section will be addressed.
2. b.
  Appeal: An applicant may appeal a decision by the Director of Community Development to deny the alternative design proposal to the Planning Commission. In reviewing the appeal, the criteria to be considered by the Planning Commission shall include, but not be limited to:
  1. 1.
    Purpose and Intent of the Code: Does the alternative design reflect compliance with the general purpose and intent of the City’s lighting regulations? Does the proposed plan reflect a design that complies with Code requirements to the greatest extent possible and offer alternative methods for addressing specific functions of the lighting requirements of which a variation from strict compliance is being requested?
  2. 2.
    Impacts on Adjacent Properties: Will the alternative design adversely affect neighboring property owners or residents?
  3. 3.
    Safety: Will the alternative design adversely affect safety?
  4. 4.
    Site Constraints: Are there unique site constraints that justify the deviation from the requirements of this Section?

J. Sulfur Oxides:

1.
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other processes shall be limited in accordance with the requirement of each district. The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.
2.
In residential districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.01 pounds per hour per 5 acres of lot area.
3.
In commercial districts, the maximum emission rate of oxides of sulfur from all stacks shall be 0.02 pounds per hour per acre of lot area.
4.
In industrial districts, the maximum emission rate of sulfur oxides from all stacks shall be 1 pound per hour per acre of lot area.

K. Smoke:

1.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines, shall be used.
2.
In residential districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited.
3.
In commercial districts, the emission of smoke darker than Ringelmann No. 0 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 1 is permitted for up to 3 minutes total in any one 8 hour period.
4.
In industrial districts, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to 3 minutes total in any one 8 hour period.

L. Toxic Matter:

1.
The ambient air quality standards for the State shall be the guide to release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State, the release of such materials shall be in accordance with the fractional quantities permitted below of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any 24-hour sampling period.
2.
In residential districts, no airborne toxic material shall be released.
3.
In commercial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
4.
In industrial districts, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.

Effective on: 1/1/1901

Section 4-1-C-5 ARCHITECTURAL DESIGN STANDARDS.

Residential Districts: No single-family or duplex home shall be erected that does not meet the following minimum standards:

Permanent Foundations: The dwelling unit shall be erected on a permanent foundation.
Minimum Dimension: The smaller dimension of a rectangular dwelling unit shall be at least 24 feet. If a dwelling unit is not rectangular, then the minimum dimension of a rectangle superimposed over and enclosing the entire footprint of the dwelling unit shall be at least 24 feet.
Roof Design: The pitch of the roof shall be at least 3 in 12, and the roof eaves shall extend at least 12 inches beyond the wall of the dwelling on the 2 longer sides. The Community Development Director may approve a roof with a lesser pitch when the area of the lesser roof pitch is part of a consistent architectural design based on the overall architectural character of the house or when the area of the lesser roof pitch is less than 25% of the total roof area.
Exterior Surfaces: The nonglass exterior surfaces of the dwelling shall not be made of galvanized metal or corrugated metal and shall, in general, not reflect light to a greater extent than would a coat of semi-gloss enamel applied to wood.
Porch And Garage: A single-family dwelling shall include a garage or carport, constructed with the same materials as the dwelling. In addition, a single-family dwelling shall include a covered entrance, alcove or porch. The Planning Commission may grant exceptions to this standard where it finds that the proposed residential design is compatible with the neighborhood character and predominant architecture.

Rooftop Equipment: Rooftop equipment shall be screened from view from the ground near the building with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.
Form, Scale And Proportion: The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.
Unusual Buildings: The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided.
Mass And Voids: The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings.
Long Facades: Where large structures with overly-long facades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features.
Architectural Design: Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged.
Monotony: Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.
Roofs: Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important.
Materials: Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.
Design Uniformity: Architectural treatments (e.g., building materials, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on 1 side and pedestrian access on another).

Effective on: 1/1/1901

Section 4-1-C-6 STREET ACCESS.

Spacing From Signalized Intersections: The minimum distance from the curb return of a signalized intersection to the center line of the first access point of an intersecting street, road or driveway shall be 600 feet and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing From Other Access Points: Additional approaches onto an arterial street shall be spaced a minimum of 460 feet from other intersecting streets, roads or driveways, measured from center lines, and shall be constructed with a deceleration lane in accordance with the City traffic standards.*
*See Section 3-8-A-1 of the City Code.*
Spacing Of Median Openings: Full access median openings shall be spaced at least 1,320 feet apart. Partial access median openings shall be spaced at least 460 feet from full access median openings.

Collector Streets: Direct access to collector streets from single-family lots is discouraged. Direct access to collector streets shall be regulated in accordance with the following standards:

Spacing From Controlled Intersections: The minimum distance from the curb return of a controlled intersection to the center line of the first access point of an intersecting street, road or driveway shall be as follows:

Intersecting Street	Distance (feet)
Arterial	600
Collector	300
Local	75

1. Spacing From Other Access Points: Additional approaches onto a collector street shall be spaced a minimum of 300 feet from other intersecting streets, roads or driveways, measured from center lines.

Waivers:
1. City Transportation Manager: Waivers from these access standards shall be approved by the City Transportation Manager if the City Transportation Manager determines that strict adherence to the standards will create unreasonable hardship to the development of abutting property. Such waivers, however, shall be granted only after the submission of a traffic analysis that demonstrates that the requested waiver will not create a serious detriment to the safety and/or operation of traffic on the street or roadway. The requirements for a traffic analysis may be waived by the City Transportation Manager if it is determined that such an analysis is unnecessary in rendering a competent decision on the requested waiver.
2. Appeals Of City Transportation Manager’s Decision: The City Council is authorized to hear appeals of the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section, after review and recommendation of the Planning Commission. Any person aggrieved by the City Transportation Manager’s decision on a request for a waiver from the traffic access standards of this Section may appeal the decision to the City Council by filing an application with the City Transportation Manager. All decisions and recommendations on requested waivers from these traffic access standards shall be based upon whether the requested waiver will pose a serious detriment to the safety and/or operation of the subject roadway.

Effective on: 1/1/1901

Section 4-1-C-7 PEDESTRIAN ORIENTED DESIGN STANDARDS.

Location and Width: Connections should be a reasonably direct path, and sized based on the number of parking spaces serving the building entrance(s), off-site pedestrian draw based on use, alternate or multiple routes, and other measures of anticipated usage. Where feasible, these sidewalks can be routed through landscaped islands in parking lots to serve both the public sidewalk and parking areas. As a general guideline, sidewalks should be sized as follows:

No. of Parking Spaces Served	Minimum Width of Sidewalk
Under 50	5 feet
50 - 200	6 feet
201 - 500	8 feet
Over 500	10 feet

1. Provision of Crosswalks: Crosswalks shall be provided where sidewalks cross streets and drives. Crosswalks adjacent to building entrances that service over 50 parking spaces shall be of a contrasting pavement treatment. Other crosswalks may be painted, preferably with longitudinal bars.

Provision of Pedestrian-Scale Public Space: Every principal retail, office, or single entrance multifamily building shall provide a public space, such as a plaza, courtyard, or garden within the vicinity of the main pedestrian entrance(s) to the building.
1. Size: The minimum amount of all public spaces within a site shall be 10 square feet for each parking stall provided, or 200 square feet, whichever is greater. The public space will be defined by the combination of paved areas, associated plantings, and architectural features.
2. Amenities: Each public space shall include seating in the form of benches or ledges and accent and seasonal plantings. In addition, the public space should include at least one of the following:
  1. A fountain, pond, or other water feature.
  2. Upgraded textured paving, such as brick or stone.
  3. Sculpture or other artwork.
  4. A portico, trellis, or other architectural shade feature covering part of the seating area.
3. Design: On larger or multiple building sites, public space may also be located at key points along major pedestrian paths, or aggregated at a central location. In retail locations, it is strongly encouraged that public spaces include areas specifically designed for seasonal outdoor sales and/or restaurant seating, and that specific layout for these activities be reflected on the plans.

Effective on: 1/1/1901

Section 4-1-C-8 STORM PROTECTION AREA REQUIRED. (Rep. Ord. 5260)

Repealed by Ordinance 5260.

Effective on: 1/1/1901