1. Parking in Excess of Required Standard: Developments that provide off-street vehicle parking in excess of the required standards must mitigate the impacts of such increased impervious surface through the use of storm drainage BMPs as provided by the City's adopted BMP manual as referenced in Section 4-5-E-15 of this Title.  Single family and duplex residential uses shall be exempt from this mitigation requirement.
2. New Development: Off-street vehicle parking, bicycle parking, and loading facilities shall be provided for any new building constructed and for any new use established, in accordance with the standards of this Section.
3. Additions and Enlargements to Existing Development: Off-street vehicle and bicycle parking and loading facilities shall be provided for any addition to or enlargement of an existing building or use or any change of occupancy or manner of operation that would result in additional parking and loading spaces being required. The additional parking and loading spaces shall be required only in proportionate amount to the extent of the addition, enlargement or change, not for the entire building or use.  When a drive-thru is proposed where one previously did not exist, every effort shall be made for the drive-thru facility to comply with the requirements of this Section relative to queuing.

1. Distance from Building or Use: No off-street parking space shall be located more than 300 feet from the building or use it is intended to serve. This standard shall not apply to parking spaces provided for auditoriums, stadiums, assembly halls or other places of assembly, including places of worship, nor shall it apply to hospitals or community or regional shopping centers or industrial, wholesaling, manufacturing or business park uses.
2. Garages and Carports: Space within a carport or garage may be used to satisfy residential off-street parking standards.
3. Residential Units Except Multi-Family: All residential dwelling units, with the exception of multi-family developments, providing only a single-car garage shall provide at least one additional space between the garage and street right-of-way without blocking the sidewalk.

1. General: Off-street parking spaces shall be provided for the use of residents, customers, patrons and employees. Required parking spaces shall not be used for anything other than the provision of parking unless otherwise permitted in this Title. 
2. Recreational Vehicle Parking in Multi-Family Projects: Areas within multi-family off-street parking lots that are intended to be used for the parking of tenants' recreational vehicles, such as boats and campers, shall be shown on the site plan for the project.
3. Special Events: Required off-street parking spaces shall be free from building encroachments and other activities, except that a portion of the required parking area may be used for special events on a temporary basis pursuant to the standards of Section 4-1-B-25 of this Chapter (Special Events).

Parking Fees: Repealed by Ord. 5350.

1. Criteria for Approval: Before obtaining approval of a deferred parking proposal, the applicant shall demonstrate one or more of the following:
   1. A parking study, as described in subsection D7 of this Section (Parking Study) indicates that there is not a present need for the total amount of off-street parking required.
   2. Public transportation satisfies transportation demands for a portion of the users of the facility that corresponds to the amount of parking sought to be deferred.
   3. A transportation management program has been established by the developer that clearly justifies deferring the proposed number of parking spaces. Transportation management programs may include, but are not limited to, the following elements:
      1. Establishment and funding of a transportation coordinator position to implement car pool, van pool and transit programs;
      2. Subscription bus services;
      3. Flexible work-hour scheduling; or
      4. On-site transit service capital improvements.
   4. The percentage of parking spaces sought to be deferred corresponds to the percentage of residents, employees or customers who do not drive or who regularly walk, use bicycles and other non-motorized forms of transportation or use mass transit to come to the facility. Bicycle parking spaces shall be provided if the deferred parking plan is based on anticipated bicycle ridership.
2. Deferred Parking Plan: If the applicant satisfies 1 or more of the above criteria, the Planning Commission may approve a deferred parking plan. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition or conditions established. A deferred parking plan shall include the following items:
   1. A site plan illustrating how the full number of parking spaces may be provided on site.  Such site plan shall comply with all other requirements of the Unified Development Code, including but not limited to the provision of landscaping and provisions for stormwater.  The site plan shall clearly designate which parking spaces are to be deferred.
   2. A written statement from the applicant agreeing to provide a traffic study of the advisability of providing the full parking requirement within 30 days following notification by the City Transportation Manager of the need for such a study.
   3. A written statement from the applicant agreeing to construct the deferred parking spaces in compliance with the standards of this Section at the applicant's expense if the Planning Commission, based upon observed parking demand and the recommendation of the City Transportation Manager, determines that the additional parking spaces are needed to mitigate adverse land use impacts due to a deficit of off-street parking spaces. The written statement shall include a reasonable time period within which the required improvements shall be made.
3. Revocation of Permits: Failure to comply with the deferred parking plan provisions of this subsection shall constitute a violation of this Code and shall be cause for revocation of a certificate of occupancy or other enforcement action as outlined in Article 4-1-I or Article 4-1-L of this Title.

1. Necessity: The applicant shall demonstrate that it is not feasible to locate all of the required parking on the same lot as the principal use.
2. Ineligible Activities: Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, restaurants, bars or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.
3. Location: Any off-site parking spacess shall be located within a reasonable walking distance to the principal use, however in no case shall the distance be greater than one-quarter mile.  The City Transportation Manager may give consideration to off-site parking that is separated by right-of-way.
4. Zoning Classification: Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served.
5. Agreement for Off-Site Parking: An agreement, consistent with the requirements in Section 4-1-D-1-K-3 for a shared parking agreement, shall be required for any off-site parking spaces. 
6. Revocation of Permits:  Failure to comply with the deferred parking plan provisions of this subsection shall constitute a violation of this Code and shall be cause for revocation of a certificate of occupancy or other enforcement action as outlined in Article 4-1-I or Article 4-1-L of this Title.

1. Queue Space Schedule: The minimum number of queue spaces required shall be as follows: Variations from these minimums may be allowed based on a traffic study submitted for review and approval by the City.

1. Parking Space and Aisle Dimensions: The minimum required dimensions of parking spaces and aisles shall be as indicated in the following table. All dimensions are in feet.

1. Size of Required Berths: The minimum required dimensions of loading spaces, open or enclosed, shall be 12 feet in width by 55 feet in length, with a minimum vertical clearance of 15 feet.
2. Paving Standards: All open off-street loading spaces shall be surfaced with asphalt or concrete or other hard-surfaced dustless materials and shall be constructed to provide for adequate drainage, as approved by the Engineering and Construction Services Administrator.
3. Use of Loading Area: Required off-street loading spaces and associated aisles and maneuvering areas shall be used for vehicle loading only. No sales, storage, display of merchandise (including automobiles), repair work or dismantling shall be permitted in such areas, and in no event shall areas that provide direct access to off-street loading areas, such as the areas in front of loading docks and overhead doors, be used to satisfy the off-street parking standards of this Section.
4. Layout: All off-street loading spaces shall comply with the following design requirements:
   1. No off-street loading space or maneuvering area shall be located within 20 feet of the right-of-way of a public street or within 10 feet of any other property line. Any loading dock or door shall be set back far enough from the right-of-way so that no portion of the right-of-way is occupied by trucks or other vehicles while loading or unloading and maneuvering. Maneuvering areas shall be designed to permit vehicle access to a loading space in a single movement.
   2. The location of the loading area shall not interfere with the free circulation of vehicles in the off-street parking area. Where loading areas are directly adjacent to or integrated with an off-street parking lot, the Engineering and Construction Services Administrator may require installation of physical barriers or other means of separating loading areas from parking areas and pedestrian traffic.
   3. No loading space shall be located so as to block access by emergency vehicles.
   4. Loading areas shall not be located within front or street side yard areas except where the Community Development Director determines that site conditions, building function or other factors unique to the proposed site make alternative locations (rear and side yard) impractical.
5. Screening: All off-street loading areas shall be screened in accordance with the landscape and buffer standards of Section 4-1-D-2 of this Article.

1. Approval: It is recognized that site conditions vary greatly among sites, that operational characteristics can be unique amongst like uses, and tht the design, scale, and character of neighborhoods is varied.  The Planning Commission shall have the authority to approve deviations from strict compliance with the regulations of this subsection at the time of project review and the Community Development Director shall have the same authority for administrative plan and permit approvals, provided that the purpose and intent of this subsection is met.  Deviations shall be clearly identified on plans submitted for plan and permit approval.  The criteria to be considered by the Planning commission and Community Development Director shall include, but not be limited to:
   1. Purpose and intent of the Code.
   2. Impact on adjacent properties.
   3. Safety.
   4. Unique site conditions and constraints.
   5. Promotion of high quality or unique design.
   6. Character of the neighborhood.
2. Appeal:  The decision of the Community Development Director may be appealed to the Planning Commission.  In reviewing the appeal, the Planning Commission shall consider the criteria of the preceding paragraph.

Applicability: The standards of this Section shall apply to all new development and to expansions and modifications of existing development as specifically outlined in this Code. All landscaping, buffering and site design features required by this Section and previous regulations shall be continuously maintained according to the standards of this Section.

1. 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 landscape plan conforms to the purpose and intent of this Section the Director of Community Development may approve landscape plans that vary from strict compliance with the provisions of this Section, including the applicability of any subsection to a particular development. The design considerations must be clearly identified on the proposed landscape 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. 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. Purpose and Intent of the Code: Does the alternative design reflect compliance with the general purpose and intent of the City’s landscape, buffering, and site design 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 landscape requirements of which a variation from strict compliance is being requested?
   2. Impacts on Adjacent Properties: Will the alternative design adversely affect neighboring property owners or residents?
   3. Safety: Will the alternative design adversely affect safety? For location of plant material, a safe sight-distance setback is required, and plant locations should not encroach upon existing right-of-way or potential right-of-way needs.
   4. Site Constraints: Are there unique site constraints that justify the deviation from the requirements of this Section?

Agricultural Exemption: Unless otherwise indicated, agricultural uses in the AG District shall be exempt from all of the standards of this Section.

Landscape Plans: Landscape plans shall be sealed by a landscape architect licensed to practice in the State of Kansas. This requirement may be waived by the Director of Community Development on smaller projects such as expansions, renovations, and sign installations. A waiver shall be based on evaluation of the complexity of the plan, including:

1. The overall cost and scope of the necessary landscape improvement;
2. The need for special functional designs for screening and buffering;
3. The ability to expand on existing landscape design versus creating new elements and treatments.

Site Design Criteria: Proposed landscape plans shall be reviewed for compliance with the standards of this Section and for compliance with the following general design principles:

1. All elements of the site plan shall be arranged to create a safe, functional, convenient, healthful, durable and attractive living environment for residents, tenants, workers and occupants of properties.
2. Environmental features and views shall be preserved to the greatest extent possible through proper site layout and design.
3. Site grading shall be designed and implemented to retain as much existing tree cover as possible, make use of existing natural drainageways, avoid increased runoff and erosion and provide buffering of objectionable noise and views. The land shall be contoured to transition smoothly and shall enhance the overall site design.
4. Existing trees, shrub and ground cover, which will contribute to the living environment shall be preserved to the greatest extent possible.
5. Extreme temperature, sunlight, wind and other climatic factors shall be moderated by appropriate site layout and design.
6. Safe and convenient pedestrian and vehicular circulation shall be provided.
7. Buildings shall be located to ensure the provision of adequate open space for outdoor living areas, facilities, services and amenities and to provide natural indoor light, air and privacy. All buildings, parking lots and other structures shall be located to integrate with the natural topography and to avoid deep cuts and fills, excessive foundation wall depth, unnecessary steps and steep access gradients.

1. Using plant materials with lower moisture requirements (low water use);
2. Selecting plants on the basis of specific slope, aspect, soil and microclimate conditions;
3. Increase planting bed areas to minimize the amount of non-native turf area;
4. Planting and designing slopes to minimize runoff, using terracing in lieu of a consistent slope, where possible;
5. Separating irrigation zones according to plants’ water requirements and using drip/trickle irrigation systems, where possible, to reduce evaporation;
6. Emphasizing soil improvement by conserving topsoil, deeply loosening soil and incorporating organic matter and amendments based on soil tests; and
7. Using mulch in planting areas to reduce weed growth, promote soil cooling and reduce evaporation.
8. Integrating native vegetation and more adaptive plant species into the overall planting design.
9. Include the use of rain gardens and other City approved methods for stormwater management and water pollution treatment in accordance with the standards adopted in Section 4-6-F-6 in the City Code.

1. Trees and Vegetation to be Preserved:
   1. Plat or Plan Review Determination: Where a proposal to remove desirable existing trees and vegetation could be avoided through modification of site layout and design or where proposed tree and vegetation removal would be detrimental to a site’s overall appearance, function or environmental condition, the applicant may be required to preserve such trees and vegetation.
2. Tree Credits: When existing trees are preserved, tree credits shall be granted and applied in accordance with the following criteria:
   1. Criteria: The Director of Community Development shall have the authority to award tree credits at the time of final plan approval or, for single-family or duplex construction, at the time of issuance of a certificate of occupancy, after consideration of the following factors:
      1. Health, appearance and desirability of the species in the existing location.
      2. Function of the tree in providing erosion control, shade, wind protection, buffering and aesthetic enhancement.
      3. Ability of the tree to withstand the impacts of construction.
   2. Amount of Credit: The Director of Community Development shall have discretion to determine the amount of tree credit to be awarded.  Trees that meet the tree credit criteria set forth above shall be credited as follows:
      1. Trees that measure from 2 to 10 inch caliper shall be credited on a 1-for-1 basis. Trees that measure greater than 10 inches shall be credited on a 2-for-1 basis.
      2. Provided the trees are properly dispersed (comply with the intent of the code) within a given planting area, tree credits shall apply to all trees of a type and size that satisfy the specific landscape requirement.
3. Required Documentation of Existing Trees:
   1. Photogrammetric Documentation: Preliminary and final plat applications and conceptual and preliminary plan applications shall be accompanied by plans prepared from aerial photos and on-site verification or from surveys, which include identification of trees and significant vegetation, such as that within drainageways and on steep slopes by common names of primary vegetation types. Additionally, trees which are proposed to be removed and which are estimated to be greater than 10-inch caliper shall be identified on the plats and plans by common name. The purpose of this documentation is to allow the Community Development staff an opportunity to review the impact of site design against the loss of existing trees.
   2. Tree Survey:
      1. At the time of final plan application, a tree survey shall be submitted which locates, identifies by common name and indicates by caliper size each tree greater than 10-inch caliper. Plans shall clearly indicate, by symbol or other method, which trees are proposed to be saved and which are proposed for removal. A formal survey may be waived by the Director of Community Development for individual trees or tree stands that will not be removed and will not be adversely affected by site development and for which tree credits are not desired. Excepted trees and stands of trees must, however, be located on the plan based on information derived from site verification of aerial photos.
      2. Credits for existing trees will only be considered upon submission of a tree survey that shows the location, identification by common name and caliper size of each existing tree to be saved and for which credit is desired.
4. Protection of Existing Trees: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shall also be shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the Director of Community Development. Construction details which indicate special techniques that will be employed to save trees shall be required for all existing trees for which credit is desired.

1. Number: It is the intent of this Section that one (1) street tree shall be planted for every 40 linear feet of public or private street frontage. However, the City acknowledges and incorporates into the formula below that there will be a need to vary from this requirement due to factors such as the location of driveways, utilities and intersection visibility requirements.
2. Placement: Required street trees shall be installed within a landscape easement or within the right-of-way abutting the street. The street trees need not be placed at 40-foot intervals, but they must be placed fairly evenly along the street frontage. The Parks and Recreation Director shall have the authority to decide the final location of street trees.
3. Tree Selection: The Parks and Recreation Director shall determine the botanical name of the street trees to be planted, giving consideration to input from the property owner.
4. Landscape Easements: All owners of land within single-family and duplex projects requiring street trees shall grant to the City a 15-foot deep landscape easement along all right-of-way lines, as a part of any final plan or plat approval.
5. Funding: At the time of final plat or final plan approval, the landowner shall provide the City with total payment as calculated by the formula set forth below. The fee shall be deposited in the Lenexa Street Tree Fund. Payments into the Lenexa Street Tree Fund are nonrefundable even if the number of trees planted is less than the number identified in the street tree formula. Similarly, there will be no additional charge for replacement street trees planted by the City in accordance with 4-1-D-2-J(9)(a). The following formula will be used to calculate the required street tree fee:
   
   Total linear feet of public or private street frontage divided by 50. The resulting number shall be multiplied by a dollar amount adopted by the City Council, which amount shall represent the costs to the City of acquiring and planting the street trees.
   
   While it is the intent of this Section to space the trees a maximum of every 40 feet, the formula for calculating the fee due acknowledges the necessity for variances by dividing the total linear feet of street frontage by 50, rather than 40. This is being done in an effort to prevent the accrual of surplus funds in the Lenexa Street Tree Fund.
6. Timing: The Parks and Recreation Director shall decide when the street trees are planted, which will generally be the first appropriate planting season after the danger of construction related damage is past.
7. Street Tree Fund Surplus: It is acknowledged that factors such as interest earned, tree prices and higher-than-expected survival rates of street trees will occasionally result in the accrual of surplus funds in the Lenexa Street Tree Fund. Any surplus of funds remaining in the Lenexa Street Tree Fund after all plantings required by this Section have been made may be spent on other street tree plantings in the Street Tree Fund Zone in which the funds were collected or, on a planting program for the replacement of street tree plantings damaged by severe weather, national or regional tree diseases or other similar events. The Parks and Recreation Director shall have the authority to expend any surplus in accordance with this subsection.

8. Street Tree Fund Zones:The following Street Tree Fund Zones are hereby established and are shown on the Street Tree Fund Zone Map below:

   Zone #1: East of Renner to the east City limits and area west of Renner, south of K-10.

   Zone #2: West of Renner (north of K-10) to K-7.

   Zone #3: K-7 west to City limits.

1. Amount: The following percentage of the total parking lot area shall be dedicated to internal landscaped areas. Where there is more than 1 distinct parking area on a site, this amount should be provided for each lot. Where multiple lots are provided on a multi-use site, the lots may reflect the predominant use for which the spaces serve.
   
   For multi-family projects - 10 percent of total parking lot area.
   
   For office and commercial sites - 7.5 percent of total parking lot area.
   
   For industrial or warehouse sites - 5 percent of total parking lot area.
   
   
   The total parking lot area shall be measured along the perimeter of the lot including all parking spaces, access drives, cruise lanes, and landscaped islands within the perimeter and at the corners of the lot. The total parking lot area shall not include loading and service areas, but shall include drive-up areas for customer service and drives and maneuvering areas that are jointly used by parking lot and service traffic.
2. Design: Internal landscape islands and Stormwater Best Management Practices (BMP's), such as infiltration areas, satisfying this internal parking lot landscape requirement shall be of a minimum of 8 feet in width and 125 square feet in area. A minimum of 1 tree shall be planted per 300 feet of overall internal landscaped area, with at least 1 tree planted in each island. The remainder of the island shall be landscaped with additional trees, shrubs, ground cover or turf. Plantings should anticipate foot traffic patterns, be used to discourage foot traffic where dictated by safety concerns, and shall provide adequate visibility for the safety of pedestrians and vehicles.
3. Location: Islands should be designed in locations based on the priority of: a) defining major drives and cruise lanes, b) delineating the end of parking rows, c) at aisle intersections, and d) internal to the parking rows.

1. Determining Required Land Use Buffer Design Type: An appropriate land use buffer shall be provided between uses based on the intensity of the uses as defined below. The first step in determining the buffer required is to calculate the numerical difference between the land use intensity (LUI) factors of the 2 adjoining uses from Table 3. The LUI factor for uses not specifically listed will be determined by the Director of Community Development based on the most similar land use qualities.

1. Minimum Landscaped Area: An area equal to 3 times the combined total area of the face of the sign and monument base (only one side of a two-sided sign is used in calculating landscape area) shall be landscaped using ornamental trees and shrubs, and ground covers, rock beds or other decorative ground treatments contrasting with the lawn or other predominant ground cover on the site.
2. Minimum Landscape Material: The monument sign landscaped area shall include, as a minimum:
   1. One shade tree per 500 square feet of required landscaped area or additional major portion thereof. 
   2. One ornamental tree per 200 square feet of required landscaped area or additional major portion thereof. 
   3. Two shrubs per 20 square feet of required landscaped area or additional major portion thereof.
3. Landscape Design Concept: The landscaped area shall surround and integrate with the design of the sign monument, and shall use various materials of different heights and textures to provide design interest and incorporate the sign into the overall landscape program. Street trees and additional shade trees, where required, should be located so as to accent the sign while assuring visibility. Ornamental trees should also be used for accent, and to break up or screen the height of freeway signs. Shrubs should be massed to provide 3-dimensional impact in contrast to flat surfaces of the sign monuments.

1. Trash Receptacles: Trash receptacles shall be screened from view by walls or fences in the residential zoning districts and by masonry walls in all other districts. The fence or wall shall be a minimum of 6 feet in height and shall provide complete visual screening and be compatible in material and color with the principal structure on the lot.  All receptacles shall be on a paved surface outside the buffer setbacks contained within this Section.
2. Recycling Containers:  Recycling containers, which are greater than 95 gallons in size, shall comply with the trash receptacle provisions of this Section.  However, when such containers are located behind the front or corner front building line and cannot be seen from the street or adjacent property, complete fencing or walls are not required.  Additional landscape planting and/or partial fences or walls may be utilized to screen the view of such containers from the street or adjacent property.  Topography and adjacent development will be considered in determining the extent of architectural screening necessary.  Site specific determinations may be made by the Director of Community Development as to the type and degree of additional screening necessary to satisfy a buffered view of these containers.  All containers shall be on a paved surface outside the buffer setbacks contained within this Section.  The property owner is responsible for preventing any accumulation of recyclables or other materials outside of the recycling container.  The provisions of this subsection shall not apply to recycling containers used for temporary recycling events and which are in place for less than ninety (90) days. 
3. Permitted Outdoor Storage: Outdoor storage areas that are permitted by this Code shall be screened from view by privacy fences or walls with a minimum height of 6 feet in accordance with the fence regulations of this Code.* Nonopaque fencing, such as vinyl coated chain-link, may be used to satisfy the requirements of this Section if sufficient plant material is provided to effectively screen the storage area from view.
   
   *See Section 4-1-B-24-F-5 of this Chapter.*
4. Service and Loading Areas: Service and loading areas will be screened by perimeter plantings or, when required, by land use buffers.  In order to better screen these areas, the concentration of required plantings may be necessary adjacent to these features.
5. Ground-Mounted Utility Boxes, Meters and Mechanical Equipment: Ground-mounted utility boxes, meters, and mechanical equipment shall be screened from view from off-site by landscaping or architectural elements compatible in material and color with the primary structure. Screening may be waived in rear and rear side yard locations where adjacent to other service or mechanical areas, or where not subject to primary views from off-site. This requirement shall not apply in the Agriculture Zoning District or to single-family and duplex residences.
6. Satellite Dish Antennas: Satellite dish antennas shall be screened in accordance with the standards of Section 4-1-B-24-F-11 of this Chapter.

1. General: Trees and plants used in landscape design pursuant to this Section shall, to the greatest extent possible, be drought tolerant, appropriate for the ecological setting in which they are to be planted, have noninvasive growth habits, have low maintenance characteristics and provide high-quality appearance, be commercially available and be otherwise consistent with the purpose and intent of this Section.
2. Plant Quality: Plants installed pursuant to this Section shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. Plants shall be nursery grown and adapted to the local area.
3. Artificial Plants: No artificial plants or vegetation shall be used to meet any standards of this Section.
4. Tree Diameter and Height:
   1. Shade Trees: Shade trees planted to satisfy the standards of this Section shall have a minimum caliper (diameter) of 2 inches measured 6 inches above the ground. Shade trees shall be of a species that reaches a minimum height of 30 feet at maturity.
   2. Ornamental Trees: Ornamental trees planted to satisfy the standards of this Section shall have a minimum height of 6 feet. Ornamental trees shall be a species that has flowers, colored foliage, or a unique growth habit or other distinguishing characteristic that adds variety to the overall landscape plan.
   3. Evergreen Trees and Upright Evergreen Shrubs: Evergreen trees or shrubs planted to satisfy the standards of this Section shall have a minimum height of 5 feet.
5. Deciduous and Evergreen Shrubs: Shrubs required as part of a land use buffer or adjacent to parking lots in perimeter plantings shall be a minimum height of 18 to 24 inches at the time of planting. Other shrubs may be of a size determined by the applicant unless otherwise indicated by this Code or as required by the Director of Community Development.
6. Ground Treatment: The ground area within required landscape areas shall receive landscape treatment and present a finished appearance and reasonably complete coverage upon planting. As a minimum, all landscaped areas shall be grassed except as specifically allowed for in this Section. The following standards shall apply to the design of ground treatment.
   1. Ground Cover: Ground cover appropriate for the area may be planted in lieu of turf grass. Ground cover shall be of a size and spacing to provide a minimum of 50 percent coverage after the first full growing season and complete coverage at maturity. Edging shall be provided for all ground cover.
   2. Mulch: Mulch shall be installed and maintained at a minimum depth of 3 inches on all planted areas except where ground cover plants are fully established. Mulch may be used as a permanent ground treatment in those landscape designs where ground cover or grass is inappropriate. Rock mulch may be used in a limited way when part of an overall design concept or as a ground treatment in areas where drainage is a problem.
   3. Lawn and Turf Grass: Turf areas shall be planted with species suitable as permanent lawns in Lenexa. The turf area located between the street curb line and the building line shall be sodded in the RE, RP-E, R-1 and RP-1 Districts. Other turf areas shall be sodded unless otherwise approved by the Director of Community Development. In areas where grass seed is used, maintenance shall be provided until coverage is complete. Use of appropriate drought-tolerant ground cover to reduce lawn and turf grass areas is encouraged when approved as part of the plan review process.
   4. Existing Vegetation Areas: Ground treatment may not be required in areas of existing vegetation.
7. Native Vegetation: The term “native vegetation” refers to plant types historically located in this geographic area as part of the tall grass prairie ecosystem. These plants have not undergone change or improvement by humans and are still found growing in uncultivated areas within this region. Due to their historic presence, these plant types are extremely well adapted to the climate of the region. As a result of this adaptation, these grass, wildflower, sedge, forb, shrub and tree types are drought tolerant, disease and insect resistant and hardy.**
   1. Native Grasses: Grasses typically grow two (2) feet or more in height including, but not limited to, Big Bluestem, Little Bluestem, Gama Grasses, Indian Grass, Switch Grass and Prairie Cord Grass.
   2. Wildflowers and Forbs: Herbaceous plants, other than grasses, commonly found within the tall grass prairie ecosystem. Common wildflower/forbs include prairie coneflower, black-eyed Susan, goldenrod and yarrow. 
   3. Sedges: Ground cover plants with grass-like leaves and cluster flowers most often found in moist soils along stream corridors, in wetland areas and adjacent to ponding areas.
   4. Shrubs: Low to medium height woody vegetation with multiple stems such as dogwood, sumac, gooseberry and currant.
   5. Trees: Relatively tall woody plant with single or few trunks including, but not limited to, eastern redbud, willows, oaks, walnuts and sycamore.
      
      ** Plants listed in Section 3-5-I-7 as noxious or invasive plant material are excluded from use under this Section.

Installation, Irrigation, Maintenance and Replacement: The following standards shall be considered the minimum required installation, maintenance, irrigation and replacement standards for all trees and landscape material:

1. Installation: All landscaping and buffering shall be installed according to standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. The Community Development Director may require soil improvement measures, including, but not limited to, minimum topsoil depths, where deemed necessary to ensure healthy plant growth.
2. Certification of Installation: Prior to the issuance of a certificate of occupancy for any construction other than a single-family or duplex residences, the landowner shall submit a certificate of compliance which verifies that the plant material has been installed in compliance with the approved landscape plan.
   1. Form of Certification: The certificate of compliance shall:
      1. Be submitted to the Community Development Director prior to issuance of a certificate of occupancy.
      2. Be submitted on forms available from the Department of Community Development.
      3. Bear the seal of a landscape architect or the notarized signature of the landscape contractor.
      4. State that the landscape architect or the landscape contractor personally inspected the site.
      5. State that the landscape architect or the landscape contractor certifies that landscaping and buffering was properly installed and meets all requirements of the approved landscape plan and of this Section.
      6. State that the landscape architect or the landscape contractor understands that any misrepresentations or misstatements in the certificate of compliance shall constitute a violation of this Section.
      7. Contain such other information as required by the Community Development Department which is reasonable and necessary to a determination that landscaping is in compliance with this Section.
3. Irrigation: Landscape areas, with the exception of single-family and duplex residences, shall be irrigated as necessary to establish and maintain required plant materials in good and healthy condition. Irrigation systems shall comply with the following standards:
   1. All landscape areas shall be provided with a readily available water supply with at least 1 outlet within 100 feet of the plants to be maintained.
   2. No permanent irrigation system is permitted for an area set aside on approved plans for preservation of existing natural vegetation.
   3. Irrigation systems shall be continuously maintained in working order and shall be designed so as not to overlap water zones or to water impervious areas.
   4. Whenever practical, irrigation systems shall be designed in zones to apply water onto shrub and tree areas on a less frequent schedule than those irrigating lawn areas. When technically feasible, a rain-sensor switch shall be installed on systems with automatic controllers.
   5. No irrigation system shall be installed or maintained abutting any public street which causes water from the system to spray onto the roadway or to strike passing vehicular traffic.
   6. The use of nonpotable, irrigation quality effluent or re-used water for landscaping purposes is encouraged.
4. Maintenance: Landowners and their successors in interest shall be jointly and severally responsible for the following:
   1. Regular maintenance of all landscape areas in good condition and in a way that presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, in accordance with acceptable horticultural practices;
   2. The repair or replacement of landscape structures (e.g., walls, fences) to a structurally sound condition and original appearance;
   3. The regular maintenance, repair or replacement of any plant material, screening or buffering required by this Section in conjunction with approved plans. Any vegetation which is required to be planted or preserved by this code section shall be replaced with the equivalent types of vegetation of a planting size that is compliant with this code section. The City shall have the authority to require that any dead trees, shrubs and plants be replaced within the next planting season.
5. City’s Maintenance and Removal Authority: City shall have the authority to regulate the maintenance and removal of trees and shrubs as provided by Article 3-5-J Trees and Shrubs.
6. Maintenance Guarantee: As a condition to issuance of the final certificate of occupancy for any construction other than single-family and duplex residences, the applicant shall execute and record on the County land records a maintenance guarantee to assure that all required landscape improvements shall be maintained. The guarantee shall comply with the following requirements:
   1. Form: A maintenance guarantee form shall be obtained from the Director of Community Development and signed by the owner of the property.
   2. Inspection: The owner of the property shall provide the City with signed, notarized, irrevocable license to run with the property to allow the employees, agents or contractors of the City to enter the subject property for the purpose of inspecting the landscaping and, if necessary, replacing unhealthy or dead landscape materials.
   3. Notification of Maintenance Noncompliance: If the Director of Community Development determines that the landscaping has not been maintained in compliance with this Section, the Director of Community Development shall notify the owner. The notice shall state:
      1. The work that must be done or the improvement that must be made to comply with the requirements of the maintenance guarantee; and
      2. The amount of time the owner has to commence and complete the required landscape work or improvements; and
      3. That, if the work or improvements are not commenced and completed within the time specified, the City will take enforcement action pursuant to this Chapter.
   4. Exemption: Maintenance guarantees shall not be required for street trees or site trees in the RE, RP-E, R-1 and RP-1 Zoning Districts.
   5. Recordation:  Applicant must provide proof that the maintenance agreement has been recorded with the Johnson County Records & Tax Administration.

1. Applicability: These provisions, contained in subsections A through K of this Section, shall apply to all lands idenitified as SFHA's or Zone X (Future Base Flood) on the Flood Insurance Rate Map (FIRM) panels referenced on the associated FIRM Index dated August 3, 2009, as amended, and any future revisions thereto within the jurisdiction of the City.  This ordinance shall also apply to all locations with a Letter of Map Revision - Fill (LOMR-F).
2. Flood Insurance Study Incorporated: The Flood Insurance Study for Johnson County, Kansas and Incorporated Areas, published by the Federal Emergency Management Agency (FEMA), and dated August 3, 2009 is hereby adopted by reference. The Special Flood Hazard Areas (SFHAs) and Zone X (Future Base Flood) identified on the Index Map dated August 3, 2009 of the Flood Insurance Rate Map (FIRM) as amended and any future revisions thereto are hereby adopted by reference.  
3. Compliance: No development or land shall hereafter be located, extended, converted or structurally altered except through the issuance of a floodplain development permit in full compliance with the terms of subsections A through K of this Section and other applicable regulations.
4. Abrogation And Greater Restrictions: The provisions of this Section are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these provisions and another conflict or overlap or where the provisions of any other subsequently adopted floodplain differ from the provisions herein provided, whichever imposes the more stringent restriction shall prevail.
5. Interpretation: In the interpretation and application of subsections A through K of this Section, all provisions shall be: a) considered as minimum requirements; b) liberally construed in favor of the City; and c) deemed neither to limit nor repeal any other powers granted under State statutes.
6. Warning And Disclaimer Of Liability: The degree of flood protection required by subsections A through K of this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. These provisions do not imply that the land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These provisions shall not create liability on the part of the City or by any officer or employee thereof for any flood damages that result from reliance on these provisions or any administrative decision lawfully made hereunder.
7. Severability:  If any clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Section shall not be affected thereby.
8. Purpose: It is the purpose of this ordinance to promote the public health, safety, and general welfare; to minimize those losses described herein; to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3) and amendments thereto; and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this ordinance to:
   1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
   2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.
   3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

1. Required: A development permit shall be obtained before construction or development begins within all SFHA's and Zone X (Future Base Flood) established in these provisions.  No person shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in this Section.
2. Application: Application for a development permit shall be made on forms furnished by the Engineering and Construction Services Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials and drainage facilities and the location of the foregoing. Specifically, the following information is required:
   1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
   2. Elevation in relation to mean sea level to which any non-residential structure is to be flood-proofed;
   3. Certification from a registered professional engineer that the non-residential floodproofed structure will meet the floodproofing criteria of subsection D of this Section;
   4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
   5. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
   6. Identify and describe the work to be covered by the development permit;
   7. Indicate the use or occupancy for which the proposed work is intended;
   8. Indicate the assessed value of the structure and the fair market value of the improvement;
   9. Specify whether development is located in designated flood fringe or floodway;
   10. Identify the existing base flood elevation and the elevation of the proposed development;
   11. Give such other information as reasonably may be required by the floodplain administrator;
   12. Be accompanied by plans and specifications for proposed construction; and
   13. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

1. Designate: The Community Development Director is hereby appointed to administer and implement these provisions. In addition, the Engineering and Construction Services Administrator shall assist in the implementation of these provisions by granting or denying development permit applications in accordance therewith.
2. Duties And Responsibilities Of Community Development Director: Duties of the Community Development Director with respect to these provisions shall include, but not be limited to:
   1. Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA; and
   2. Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse ; and
   3. Maintain all records pertaining to these provisions in the office of the City Engineer.  Such records shall be open for public inspection.
3. Duties And Responsibilities Of Engineering and Construction Services Administrator: Duties of the Engineering and Construction Services Administrator with respect to these provisions shall include, but not be limited to:
   1. Review development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of these provisions have been satisfied; and
   2. Review permit applications for proposed development to assure that all necessary permits have been obtained from those Federal, State and local governmental agencies from which prior approval is required; and
   3. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding; and
   4. Issue floodplain development permits for all approved applications; and
   5. Notify adjacent communities and the Division of Waqter Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); and
   6. Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse; and
   7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved building structures; and
   8. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved building structures have been floodproofed; and
   9. When floodproofing is utilized for a particular building structure, the Engineering and Construction Services Administrator shall obtain certification from a registered professional engineer or architect; and
   10. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Engineering and Construction Services Administrator shall make the necessary interpretation.  The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation; and
   11. When base flood elevation data has not been provided in accordance with these provisions then the Engineering and Construction Services Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State, County, or other source, in order to administer these provisions.

1. Encroachments: Encroachments, including fill, new construction, substantial improvements and other developments, are prohibited unless it is demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice and certified by a professional registered engineer that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
2. New Construction: If subsection 1 of this Section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsections A through K, inclusive, of this Section.
3. Zone A: In Zone A, obtain review and reasonably utilize any floodway data available through Federal, State or other sources or Section 4-1-D-3-D-1-l, in meeting the standards of this Section.
4. Adoption of Regulatory Floodway: The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
5. In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Article 4-1-D-3-A-2.

1. Within AO Zones:  There are no AO zones in Lenexa
2. Within AH Zone:  There are no AH zones in Lenexa

1. Design And Location: All subdivision proposals and other proposed new developments, including manufactured home subdivisions, shall be designed and located to minimize flood damage.
2. Utilities: All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
3. Drainage: All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
4. Data Required: Base flood elevation data shall be provided for all proposals for development, including proposals for manufactured home parks and subdivisions, of greater than five (5) acres of fifty (50) lots, whichever is lesser.

1. General Policy: A structure or the use of a structure or premises which was lawful before the passage or amendment of the original version of these floodplain provisions but which is not in conformity with the provisions of subsection A through K of this Section may be continued subject to the following conditions:
   1. No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
   2. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to the substantive requirements of subsections A through K of this Section.
   3. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
   4. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is fifty (50) percent or more of the market value of the structure before the damage occurred; except, that if it is reconstructed in conformity with the provisions of subsections A through K of this Section. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
2. Effect Of Article 4-1-J: Where the provisions of Article J of this Chapter, regarding nonconforming situations in general, are more restrictive than this Section and otherwise applicable, they shall apply to nonconforming situations regarding the requirements of subsections A through K of this Section.

1. Appeals: The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of subsections A through K of this Section.
2. Variances: The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Engineering and Construction Services Administrator in the enforcement or administration of subsections A through K of this Section.
3. General Criteria: In passing upon applications for variances or appeals, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified subsections A through K of this Section and:
   1. The danger that materials may be swept onto other lands to the injury of others.
   2. The danger of life and property due to flooding or erosion damage.
   3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
   4. The importance of the services provided by the proposed facility to the community.
   5. The necessity to the facility of a waterfront location, where applicable.
   6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
   7. The compatibility of the proposed use with existing and anticipated development.
   8. The relationship of the proposed use to the Comprehensive Plan and FloodPlain Management Program for that area.
   9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
   10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
   11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.
4. Additional Criteria For Variances:
   1. Generally, variances may be issued for new construction and substantial improvements to be erected on a  lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections I-4(b) through I-4(f) below have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing variances increases.
   2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, without regard to the procedures set forth in this Section, provided the proposed activity will not preclude the structure's continued historic designation.
   3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
   4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   5. Variances shall only be issued upon: 1) showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
   6. A community shall notify the applicant in writing over the signature of a community official that: (a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.
   7. Upon consideration of the factors listed above and the purposes of these provisions, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of subsections A through K of this Section, including but not limited to the requirement for compliance with all State and Federal regulations for elevation or floodproofing, whether or not they are contained within this Chapter.
   8. The Engineering and Construction Services Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
5. Appeals From Decision Of Board: Any person aggrieved by the decision of the Board of Zoning Appeals under this Section may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760 and amendments thereto.

1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use*; or
3. Meet the permitting, elevation, and anchoring requirements for manufactured homes of this ordinance.