Mission, KS Zoning Ordinance

Mission City Zoning Code

CHAPTER 410

District Regulations

410a Appendix A

Section 410.010 "R-1" (RP-1) Single-Family Residential District.

[Ord. No. 1007 §16-204, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.010), 9-24-2003; Ord. No. 1111 §1, 3-24-2004; Ord. No. 1142 §4, 12-8-2004; Ord. No. 1260 §2, 5-21-2008; Ord. No. 1304 §1, 10-21-2009]

In District "R-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Dwellings, one-family, except for residential-designed manufactured homes.

Publicly owned parks and recreational areas.

Churches, synagogues, community centers, public libraries, public museums, public art galleries, public schools, elementary and high and private schools with curriculum equal to that of a public school and institutions of higher learning, all subject to the following conditions:

There shall be a side yard of at least twenty-five (25) feet for any principal or accessory building.

Off-street parking shall be set back at least seven (7) feet from any property line and shall be suitably screened by walls, berms or landscaping.

The location of the use shall be in accordance with at least one (1) of the following situations:

(1)

On a corner lot immediately adjacent to or across the street from a public park or public recreational area or any other purpose listed in Subsection (A)(3) above.

(2)

On a parcel or tract of land entirely surrounded by any combination of highways, streets or alleys.

(3)

A lot or parcel of land immediately adjoining "R-2" to "C-2" District inclusive; or on a corner lot immediately opposite on the other side of the street in any "R-2" to "C-2" District.

(4)

On a lot approved by the City Council after a public hearing held by the Planning Commission, provided it is found that the use does not materially damage or curtail the appropriate use of neighboring property and the use conforms to the applicable district regulations and is compatible and does not violate the general spirit and intent of the zoning ordinance.

Group home, as defined by K.S.A. 12-736 and amendments thereto, located in a single-family dwelling.

The following accessory uses are permitted when located on the same tract, lot or parcel with the above uses:

Home occupations.

Non-commercial greenhouses.

One (1) accessory building of a maximum of one hundred twenty (120) square feet by eight (8) feet maximum height may be allowed in the rear yard only with a minimum of a five (5) foot setback from the side yard or rear yard setback lines. Such accessory building shall be properly anchored to resist wind forces.

Private swimming pools when complying with regulations.

Recreation and service buildings, dining halls, dormitories and the like in connection with Subsection (A)(3) above.

Temporary real estate offices, contractors' construction offices and like character during construction; removed on completion.

Private attached garages for passenger cars and other vehicles. Also see Accessory Uses (Chapter 420, Article I), Detached Garages (Section 420.010) and Prohibited Uses (Chapter 420, Article II, Section 420.020 et seq.).

All non-residential uses proposed in this district shall be subject to the approval procedures set forth in Section 440.170(C).

For other accessory uses, see Chapter 420, Article I.

Height And Area Regulations Generally. In District "R-1", the height of buildings, the minimum dimension of lots and yards and the minimum lot area per dwelling unit permitted on any lot shall be as follows in Subsections (C) through (I) of this Section (for exceptions see Section 415.010).

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front Yards. Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least thirty (30) feet. The setback may be reduced to twenty (20) feet, if the following conditions are met.

The setback reduction is for an attached living area or covered porch to the principal structure, not including the garage, which does not exceed a total of one hundred twenty (120) square feet of above grade finished livable space.

The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.

The roof and design of the proposed living area or porch is properly proportioned to and integrated with the dwelling.

Plans are approved by the Planning Commission.

The structure does not adversely affect drainage on the lot or neighboring properties.

Side Yards.

There shall be a side yard on each side of a dwelling no less than five (5) feet and need not be more than fifteen (15) feet.

Buildings on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet.

Rear Yards. The depth of the rear yard shall be at least twenty (20) feet.

Lot Area Per Residential Dwelling. Every dwelling hereafter erected, moved or altered shall provide a lot area of not less than six thousand six hundred (6,600) square feet per dwelling unit.

Floor Area And Lot Size. All single-family dwellings hereafter constructed or altered shall conform to the minimum ground floor area regulations set out in the subdivision regulations, Section 455.360 and further established at time of platting. The footprint of the primary structure may not exceed thirty percent (30%) of the total lot area. The total maximum lot coverage of all structures, including accessory structures, shall not exceed thirty-five percent (35%) of the total lot area.

Minimum Lot Size. Any single-family dwelling hereafter constructed, reconstructed or altered shall require a lot having a width of not less than seventy (70) feet and an average depth of one hundred ten (110) feet, except that:

Any lot platted prior to October 8, 2003 and which has a width of sixty (60) feet and an average depth of one hundred ten (110) feet may be utilized for single-family dwelling.

Any lot may be split to a minimum width of sixty (60) feet and depth of one hundred ten (110) feet if it complements the overall character of the adjacent neighborhood. In considering applications for a lot split to a width of less than seventy (70) feet, the lot width of any newly created lot may not be less than seventy-five percent (75%) of the average front lot width of lots within the subject property's block.

Parking Regulations. Two (2) off-street parking spaces shall be provided for each single-family dwelling, at least one (1) of which shall be in a garage or a carport. (See Chapter 425 for additional parking requirements. Also see Prohibited Uses, Chapter 420, Article II, Section 420.020 et seq.)

Noise Regulations. No use shall be operated and no activity or equipment maintained that produces noise of a pitch or level that violates the residential character or destroys the livability and tranquility of the neighborhood. In no case shall a noise level be generated that exceeds fifty (50) db (A) at repeated intervals or for a sustained length of time measured at the property lines.

Plan Approval. Prior to the issuance of any building permit for non-residential development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.020 "R-2" (RP-2) Two-Family Residential District.

[Ord. No. 1007 §16-205, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.020), 9-24-2003; Ord. No. 1304 §2, 10-21-2009]

Permitted Uses. In District "R-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Any use permitted in District "R-1".

Dwellings, two-family, commonly referred to as duplexes.

Accessory uses as provided in District "R-1".

Recreation areas and buildings, including swimming pools.

Buildings designed for common area maintenance.

Height And Area Regulations Generally. In District "R-2", the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows in Subsections (C) through (H) (for exceptions see Section 415.010).

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front Yards. Any building hereafter constructed shall provide a front yard the minimum depth of which shall be thirty-five (35) feet.

Side Yards. There shall be a side yard on each side of the building the total of which side yard shall be not less than twenty percent (20%) of the width of the lot measured at the building line and no side yard shall be less than seven (7) feet and need not be more than fifteen (15) feet. Buildings on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet.

Rear Yards. The depth of the rear yard for each dwelling unit shall be at least twenty-five (25) feet.

Lot Area Per Residential Dwelling. Every dwelling hereafter erected, moved or altered in this district shall provide a lot area per family as follows:

Single dwelling. Seven thousand seven hundred (7,700) square feet on interior lots, nine thousand three hundred fifty (9,350) square feet on corner lots.

Double dwelling. Four thousand (4,000) square feet on interior lots, five thousand five hundred (5,500) square feet on corner lots.

Lot Size.

The width of the lot at the building line shall be at least seventy (70) feet except that the width of a corner lot shall be not less than eighty-five (85) feet.

The average depth of the lot measured at the center of each unit shall not be less than one hundred ten (110) feet.

Parking Regulations. Two (2) off-street parking spaces shall be provided for each family dwelling unit, at least one (1) of which shall be in a garage. (See Chapter 425 for additional parking requirements. Also see Chapter 420, Article II, Section 420.020 et seq., for prohibited uses.)

Section 410.030 "R-3" (RP-3) Town House District.

[Ord. No. 1007 §16-206, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.030), 9-24-2003; Ord. No. 1304 §3, 10-21-2009]

Permitted Uses. In District "R-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Residential buildings defined herein as town houses and including customary accessory uses.

Clubs, swimming pools, garages and other similar facilities normally accessory to the main use of the premises.

Home occupations.

Height. Buildings or structures shall not exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Lot Size. No town house project will be constructed on a lot having less than one (1) acre.

Lot Area Per Dwelling Unit. Every town house unit hereafter constructed, moved or altered shall provide a net site area of not less than five thousand (5,000) square feet.

Yard Areas.

Each residential or accessory building shall provide a setback from any public street of not less than twenty-five (25) feet.

Each residential building shall provide a yard between the building and a property line of the project, other than a street line, of not less than ten (10) feet.

Each accessory building shall provide a yard between the building and a property line of the project, other than a street line, of not less than seven (7) feet.

Parking Regulation. Two (2) off-street parking spaces shall be provided for each dwelling unit, at least one (1) of which shall be in a garage. (See Chapter 425 for additional parking requirements. Also see Chapter 420, Article II, Section 420.020 et seq., for prohibited uses.)

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.040 "R-4" (RP-4) Garden Apartment District.

[Ord. No. 1007 §16-207, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.040), 9-24-2003; Ord. No. 1273 §1, 8-20-2008; Ord. No. 1304 §4, 10-21-2009]

Permitted Uses. In District "R-4", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Garden apartment buildings.

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

Home occupations.

Height And Area Regulations Generally. In District "R-4", the height of buildings, the minimum dimensions of lots and yards, the minimum lot area per family permitted on any lot shall be as follows in Subsections (C) through (G) of this Section (for exceptions see Section 415.010).

Height. Buildings or structures shall not exceed two and one-half (2½) stories in height except that on land having a natural slope of seven (7) feet or more vertical change in one hundred (100) feet horizontal distance, buildings containing three (3) stories to be occupied for residential purposes in the downhill portion may be approved by the Planning Commission upon submission of preliminary site and building plans. Such approval shall be given only after the Commission satisfies itself that adequate natural light and air will be available to all dwelling units and that no occupant shall be required to traverse more than one (1) story of stairs from the building entrance to the highest or lowest occupied story.

Front Yards. Front yards shall be not less than thirty (30) feet.

Side Yards. Side yards shall be ten (10) feet for residential building and seven (7) feet for accessory building, except that not less than fifteen (15) feet shall be provided on the street side of a corner lot.

Rear Yards. Rear yards shall average twenty-five (25) feet. The minimum corner to rear property line dimension shall be not less than fifteen (15) feet. Accessory buildings may sit back only seven (7) feet from rear property line.

Lot Area Per Dwelling. The minimum lot area shall be three thousand five hundred (3,500) square feet per dwelling unit.

Parking Regulations. Two (2) off-street parking spaces shall be provided on the premises for each dwelling unit.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

All exterior alterations or improvements to buildings (excluding exact replacements or color), new building permits, site plan reviews and rezoning/special use permit applications shall be in accordance with the interim Community Wide Design Guidelines. The intent of the Design Guidelines is to promote site-specific, contextual buildings that incorporate mixed uses and pedestrian friendly commercial activity. For this reason, whenever a conflict exists between the zoning ordinance and design guidelines requirements for setbacks, height, landscaping or signage, the design guidelines shall be adhered to.

Section 410.050 "R-5" (RP-5) Senior Adult Residential District.

[Ord. No. 1007 §16-208, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.050), 9-24-2003; Ord. No. 1273 §2, 8-20-2008; Ord. No. 1304 §5, 10-21-2009]

Permitted Uses. In District "R-5", no building, structure, land or premises shall be used and no structure shall be hereafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

Apartment structures designed for occupancy by persons of retirement age, primarily fifty-five (55) years and older, who do not require continuing or intensive health care.

Congregate living facilities for persons of retirement age.

Height And Area Regulations Generally. In District "R-5", the height of buildings, the minimum dimension of lots and yards and the minimum lot area per occupant permitted on any lot shall generally conform to the following guidelines:

	Every apartment house hereafter constructed, reconstructed or converted shall provide a lot area per unit of not less than the following:
	4 Bedroom Unit	2,,000 square feet
	3 Bedroom Unit	1,700 square feet
	2 Bedroom Unit	1,400 square feet
	1 Bedroom Unit	1,100 square feet
	Every congregate living facility hereafter constructed, reconstructed or converted shall provide a lot area per occupant of not less than five hundred (500) square feet.
	Living floor area shall be not less than the following:
	2 Bedroom Unit	700 square feet
	1 Bedroom Unit	500 square feet
	Studio	320 square feet
	The Planning Commission and City Council may grant relief from the above guidelines upon a showing of good cause or due to unique circumstances and exceptional design.

Height. No minimum or maximum height except as determined in the planned zoning process.

Yards. No building shall be located closer than twenty-five (25) feet to a property line provided greater setbacks may be required in the planned zoning process.

Parking. For multi-family residential buildings hereafter constructed, reconstructed or converted for the exclusive use of persons fifty-five (55) years of age or older, one (1) parking space shall be provided on the premises for each bedroom, but only one (1) space for each three (3) bedrooms need be improved and paved until such time as parking demand, as determined by the City Council, requires the pavement of additional space. Until such deferred parking is required to be approved, the City Council may require the area of said parking to be preserved as landscaped open space.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.060 "R-6" (RP-6) High-Rise Apartment District.

[Ord. No. 1007 §16-209, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.060), 9-24-2003; Ord. No. 1273 §3, 8-20-2008; Ord. No. 1304 §6, 10-21-2009]

Permitted Uses. In District "R-6", no building, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

High-rise apartment buildings.

Accessory uses.

Home occupations.

Height And Area Regulations Generally. In District "R-6", the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows in Subsections (C) through (G) of this Section.

Height. No minimum or maximum except as governed by yard requirements and provided all buildings requiring occupants to ascend more than one (1) story shall have elevators and, further provided, that any apartment building in this district which has less than four (4) occupied levels shall conform to the yard and lot area requirements of District "R-4".

Front Yard. Any building hereafter constructed shall provide for a front yard the minimum depth of which shall be thirty (30) feet plus three (3) feet for each story in excess of four (4).

Side Yard. There shall be a side yard on each side of a building of not less than fifteen (15) feet for one-, two-, three- and four-story buildings plus two (2) feet for each story in excess of four (4).

Rear Yard. The depth of the rear yard shall be at least the height of the building plus ten (10) feet for buildings up to four (4) stories and at least the height of the building for buildings in excess of four (4) stories.

Lot Area Per Family. Every high-rise apartment house hereafter constructed shall provide a lot area of not less than twelve hundred (1,200) square feet per dwelling unit.

Parking Regulations. One and one-half (1½) parking spaces shall be provided on the premises or off the premises within two hundred (200) feet of the main entrance to the building for each dwelling unit. In addition, a parking area or storage building screened from view shall provide for tenant-owned boats, campers, trailers and the like. High-rise buildings for the elderly may have reduced parking but not less than one-half (½) parking space per unit.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.070 "C-O" (Cp-O) Office Building District.

[Ord. No. 1007 §16-210, 1-24-2001; Ord. No. 1012 §1, 6-27-2001; Ord. No. 1091 §§1 — 3(App. A §410.070), 9-24-2003; Ord. No. 1273 §4, 8-20-2008; Ord. No. 1304 §7, 10-21-2009]

Permitted Uses. In District "C-O", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Any use permitted in "R-4".

Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies.

Other offices limited to the following:

Accountants.

Advertising.

Architects.

Brokers.

Dentists, dental laboratories in conjunction with dentists and oral surgeons, oral surgeons.

Employment agencies.

Engineers.

Lawyers.

Physicians, osteopaths, chiropractors, optometrists, psychologists.

Real estate and insurance.

Telephoning business and telephone answering services.

Travel agencies.

Barber and beauty shops.

Mortuaries.

Radio and television studios.

Day care home and centers.

Customary accessory uses. No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than motor passenger cars shall be stored outside a building in this district.

Height And Area Regulations Generally. In District "C-O", the height of buildings, the minimum dimensions of lots and yards shall be as follows in Subsections (C) through (H) (for exceptions see Section 415.010).

Height. Buildings or structures located in District "C-O" shall not exceed two and one-half (2½) stories in height. Buildings or structures located within District "CP-O" shall have no minimum or maximum height requirements except as governed by yard requirements and provided approval is given by the City during rezoning and final development plan approval process.

Front Yard. The minimum front yard shall be not less than thirty (30) feet.

Side Yard. There shall be a side yard on each side of a building of not less than seven (7) feet for one-story buildings, ten (10) feet for two-story buildings and fifteen (15) feet for two and one-half-story buildings. Not less than fifteen (15) feet shall be provided on the street side of a corner lot up to two and one-half (2½) story buildings. Buildings in excess of two and one-half (2½) stories in height shall provide a side yard on the street side of a corner lot equal to half of the average height of the building above finish grade. Such side yard need not be greater than the required front yard.

Rear Yard. The depth of the rear yard shall be at least thirty (30) feet.

Requirements For Dwellings. See corresponding District "R-4".

Parking Regulations. The parking lot shall not be closer to the street right-of-way than one-half (½) of the front yard or street side yard requirements, nor closer than six (6) feet to the interior or rear lot lines. (See Chapter 425 for additional parking requirements. Also see Chapter 420, Article II, Section 420.020 et seq., for prohibited uses.)

Noise Regulations. In no case shall a noise level exceed sixty (60) db (A) at repeated intervals or for a sustained length of time measured at the property lines.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.080 "C-1" (CP-1) Restricted Business District.

[Ord. No. 1007 §16-211, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.080), 9-24-2003; Ord. No. 1273 §5, 8-20-2008; Ord. No. 1304 §8, 10-21-2009]

Permitted Uses. In District "C-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Shops and stores for sale at retail of food and beverages for human consumption, soft goods such as clothing and shoes, drugs and cosmetics, furniture and appliances, printed materials, notions, hardware, paint, wallpaper, kitchenware, toys and sporting goods, jewelry, gifts and novelties, flowers, tobacco products, photographic equipment, antiques, art, artists and hobby supplies, musical instruments, music supplies, medical supplies, bicycles, newspapers, books, stationery, office equipment and supplies, package liquor stores, candy stores, ice cream parlor (inside service), juice bar, leather goods store, luggage shop, mail order store, millinery or hat shop, pastry shop, pottery (no kiln), ceramics, ornamental metal, fireplace screens and accessories, lighting fixtures, household merchandise and furnishings, glass shop, small appliance repair shop.

Service such as professional offices, banks, savings and loan associations, insurance, barber and beauty shops, schools, optical shops, seamstress and tailoring, dry cleaning and laundry pickup, coin-operated and dry cleaning operations classed as low hazard in the applicable codes, eating establishments, interior decorator, photographer, shoe repair clinics, medical or dental, reducing salon, dancing schools, music studios. Day care homes and centers.

Post offices, public or privately owned utility offices and telegraph offices.

Accessory uses customarily incident to the normal operation of the above uses, including parking lots as provided in this Title.

Performance Standards. The following standards shall not be exceeded by any use in this district:

No wholesale sales shall be conducted.

No merchandise or equipment shall be stored or displayed outside a building.

All products shall be sold and all services rendered inside a building except that banks and savings and loan establishments may have a drive-up or walk-up service window.

No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

In no case shall the noise level exceed sixty (60) db (A) at repeated intervals or for a sustained length of time measured at the property line.

Height And Area. In District "C-1", the height of buildings, the minimum dimension of lots and yards shall be as follows in Subsections (D) through (G) (for exceptions see Section 415.010).

Height. Buildings or structures shall not exceed two (2) stories, except that in a District "CP-1", no building or structure shall exceed forty (40) feet in height.

Front Yard. A front yard of not less than fifteen (15) feet shall be provided for one- and two-story buildings and fifteen (15) plus five (5) feet for each story over two (2) in "CP-1" Districts.

Side Yard. No side yard is required except that where a side line of a lot in this district abuts upon the side line of a lot in a District "R-1" to "C-O" inclusive, a side yard shall then be provided the same as required in the district it abuts. A side yard of fifteen (15) feet shall be provided on the street side of a corner lot containing a one- or two-story building. In District "CP-1", fifteen (15) feet plus three (3) feet for each story over two (2).

Rear Yard. No rear yard is required unless for a utility or drainage easement except that where a rear line of a lot in this district abuts land in a District "R-1" to "C-O" inclusive, a rear yard of not less than ten (10) feet shall then be provided in this district.

Parking Regulations. The parking lot shall not be closer to the street right-of-way than one-half (½) of the front yard or street side yard requirements, nor closer than six (6) feet to the interior or rear lot lines. See Chapter 425 for additional parking requirements.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.090 "C-2A" (CP-2A) Pedestrian Oriented Business District.

[Ord. No. 1007 §16-212, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.090), 9-24-2003; Ord. No. 1273 §6, 8-20-2008; Ord. No. 1304 §9, 10-21-2009]

Purpose And Intent. This business district is for the purpose of permitting, regulating and encouraging retail and service establishments which serve a broad section of the general public. Products and services offered are of the type where the consumer enters one (1) or more places of business to accomplish his/her purpose, where several business transactions may be conducted without using a motor vehicle and where contiguous storefront and display window architecture is the rule. Customer and employee parking is common on nearby streets or parking lots that do not interrupt building continuity but which offer convenient walking distances and good access to customer's destinations. No drive-in or drive-through operations are allowed except where they would be remote from pedestrian traffic. No automotive services are permitted and no automotive products sold except that small scale carry-out items that are not installed, repaired or rebuilt on the premises may be sold over the counter.

Permitted Uses.

Retail stores selling soft goods, clothing, leather goods, health aids, eye glasses, toys, jewelry, cosmetics, printed materials, glassware, home furnishings, office supplies and equipment, art and art accessories, pharmaceuticals, appliances, hardware, antiques, audio-visual and athletic equipment, sporting goods, bicycles, light fixtures and general department store merchandise.

Retail stores selling food products for human consumption, package liquor and cereal malt beverages.

Services limited to the practice of medicine, law, engineering, architecture, medical arts licensed by the State of Kansas, barbers, hairdressers, cosmetology, health centers, financial services, computer services, brokers, insurance and similar agents, consultants, counseling, photographers, printers and publishers, formal clothing rental, governmental activities, portal and parcel services, public and private entertainment and recreation, dry cleaning, tailoring, taxidermy, coin-operated laundry, locksmith, interior decorator, picture framing, travel agencies and offices of all types.

Restaurants where the customer normally remains within the building while consuming his/her food. Prepared food may be carried out, provided the purchase takes place within the restaurant. Prepared food may be delivered by an employee of the restaurant.

Other sales and services that are similar to those listed above and meeting the general intent of this Chapter.

Development Standards. A building permit for construction, reconstruction or alteration of a building or structure in this district shall not be issued until the following procedures are completed and conditions met:

The height, bulk and setback of the proposed building or portion thereof shall be in harmony with any existing buildings adjacent within one hundred (100) feet.

The architectural style, materials and visual quality shall be in harmony with, but not necessarily the same as, adjacent existing buildings.

Canopies extending over sidewalks and other pedestrian ways shall be provided where feasible and shall be designed as an integral part of the building and in keeping with any adjacent or nearby canopies to the end that continuous canopies throughout a block will eventually exist for the protection of the pedestrian public. Whether or not a canopy will be installed and its general design and dimensions shall be determined at the plan review stage.

Where storefronts are aligned generally along or generally parallel to a street right-of-way line, no parking or other paved surface shall interrupt said building frontage except that pedestrian plazas, malls or walkways leading to the interior of block may be provided.

Any parking and loading provided on private property shall be paved, striped, contain landscaping and screening as required in Chapter 415, Article III, Section 415.060 et seq., of this Title and surface water shall be handled in accordance with City standards.

All rooftop or ground-mounted mechanical equipment and any trash bins shall be permanently and securely screened by architectural materials harmonious with the building.

Performance Standards. Establishment within this district shall be operated and maintained in conformance with the following standards:

All buildings, signs and open spaces shall be continuously maintained in a clean, neat and uncluttered fashion.

All merchandise or other products or equipment placed, displayed or kept outside a building shall not interfere or impede pedestrian traffic (including wheelchair traffic) and in no event extend into or on a street right-of-way.

No establishment or occupant shall produce noise, odor, fumes, vibration or commotion that is offensive, hazardous or unsafe to persons in the vicinity thereof.

All solid waste, trash or debris shall be kept in suitable covered containers until removed from the premises. Such containers shall be kept within the building or in an enclosure as required in Subsection (C)(6) above.

In no case shall the noise level exceed sixty (60) db (A) at repeated intervals or for a sustained length of time measured at the property line.

Height And Area.

Height. In general, the height of buildings shall be governed by the height of adjoining and nearby buildings, the size of the lot upon which it is located, the setback from property and street lines, the availability of parking spaces for customers and employees and the anticipated type of occupancy. Buildings designed for retail sales and general services shall not exceed one (1) story in height, two (2) stories being allowed on land having a substantial natural slope. Office buildings may have a height up to one hundred forty-four (144) feet provided buildings over two (2) stories shall provide on-site parking as required below.

Nothing herein shall prevent the occupancy of the first (1st) floor of a building by retail and general services that are otherwise permitted in this district, which building is otherwise occupied by office uses.

Front yard setback.

No front yard is required for buildings of one (1) or two (2) stories in height. Setbacks of buildings from the right-of-way line of Johnson Drive will be allowed only to create minor pedestrian spaces or special architectural effects, to align with existing buildings or, in the case of an entire block of frontage, to provide for a landscape setting.

Buildings in excess of two (2) stories in height shall provide a setback in keeping with the size, bulk and anticipated occupancy of the building, said setback to be determined at the plan review stage.

Side and rear yard setback. Side and rear yards are required only where necessary to provide a minimum standard right-of-way for an abutting public street or sidewalk or where a lot in this district abuts a lot in a District "R-1" to "C-O" inclusive, a side or rear yard of twenty-five (25) feet shall be provided in this district.

Off-Street Parking.

Buildings hereafter constructed, reconstructed or altered on lots which face upon or abut Johnson Drive in the following locations shall not be required to provide on-site parking.

On the north side of Johnson Drive from one-half (½) block west of Horton to Nall Avenue.

On the south side of Johnson Drive from two hundred forty (240) feet west of the centerline of Beverly to Nall Avenue.

Provided further, that in order to be entitled to construct, reconstruct or alter a building on a lot or lots within this described district without providing on-site parking area, the following conditions shall be met:

The building and its occupants shall be in full conformance with all of the requirements of this district.

The building shall be one (1) story in height.

The construction, reconstruction or alteration will not reduce the number of parking spaces that exist on the premises to less than the number required in this Title.

Off-street parking for buildings outside the above-described area or exceptions to Subsection (F)(1) hereof as described in Subsection (F)(2) hereof shall be provided as indicated in Chapter 425. Such parking shall be on the premises and the back of the curb surrounding the paved area shall not be closer than six (6) feet to a property line.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.100 "C-2B" (CP-2B) Retail and Service District.

[Ord. No. 1007 §16-213, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.100), 9-24-2003; Ord. No. 1142 §5, 12-8-2004; Ord. No. 1163 §1, 6-8-2005; Ord. No. 1273 §7, 8-20-2008; Ord. No. 1304 §10, 10-21-2009]

Purpose And Intent. This business district is for the purpose of permitting, regulating and encouraging retail and service establishments which serve a broad section of the general public. Products and services offered are of the type where the consumer enters one (1) or more places of business to accomplish his/her purpose or where he/she may remain in an automobile while conducting business. Customer and employee parking is commonly on the premises. The sale and servicing of motor vehicles may be permitted including auto parts, gasoline service stations, car washes and quick-lube shops. In addition, this district is suitable for such non-pedestrian oriented businesses as plumbing and heating shops, repair shops and supermarkets.

Permitted Uses.

Any use permitted in District "C-2A".

Shops and stores for retail trade, custom work, sign shops, plumbing, heating, air-conditioning shops, rental stores, lawn and garden products and accessories, automotive supplies and accessories, bicycle and motorcycle sales and service, small equipment and appliance repair, wholesale offices or sample rooms, repair shops, bakeries, frozen food lockers for retail use, greenhouse products, dry cleaning and laundry establishments, automotive supplies and accessories, motorcycle sales and service, domestic pet sales, product sales and services, repair shops for small appliances, printing and publishing, pickup and delivery services.

Muffler and quick-lube shops.

Service such as assembly halls, commercial recreation, bus and other transportation terminals, small animal clinics, vocational or trade schools, philanthropic and eleemosynary activities, private clubs and fraternal organizations. Day care homes and centers.

Recreation establishments, amusement centers, arcades, pinball machines, air hockey, foosball and similar coin-operated amusement games. Theaters.

Automobile sales agency, including maintenance connected therewith. Automobile car lot, including trucks, trailers, for sale or rental. Automobile repair and service shops. Car wash. Gasoline service station and auto repair. Drive-in/drive-through restaurants or other places where ready-to-eat food is served for consumption on the premises in a vehicle or to be conveyed to a customer in a vehicle to be consumed off the premises.

Accessory uses customarily incident to the normal operation of these uses. Note: Automobile sales or rental lots and services shall not be permitted as an accessory or subordinate special use to any business.

Other sales and services that are similar to those listed above.

The height, bulk and setback of the proposed building or portion thereof shall be in harmony with any existing buildings adjacent within one hundred (100) feet.

The architectural style, materials and visual quality shall be in harmony with, but not necessarily the same as, adjacent existing buildings.

Off-street parking and loading areas on the premises are required in this district and all such parking provided on private property shall be paved, striped, contain a reasonable level of landscaping and screening and surface water shall be handled in accordance with City standards.

Loading docks, exclusive delivery areas or overhead doors for receiving materials or stock in trade are not allowed on the front of a building.

All rooftop or ground-mounted mechanical equipment and any trash bins shall be permanently and securely screened by architectural materials harmonious with the building.

Performance Standards. Establishments within this district shall be operated and maintained in conformance with the following standards:

All buildings, signs and open spaces shall be continuously maintained in a clean, neat and uncluttered fashion.

No establishment or occupant shall produce noise, odor, fumes, vibration or commotion that is offensive, hazardous or unsafe to persons in the vicinity thereof.

Generally all sales will be conducted within buildings. Rental shops will be permitted to have a screened yard that will not be a part of the required parking but will be in addition thereto.

No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

In no case shall the noise level exceed sixty (60) db (A) at repeated intervals or for a sustained length of time measured at the property lines.

Auto sales shall be limited to those businesses providing a minimum of fifteen (15) units for sale on site.

Height And Area.

Height. No building shall exceed thirty-five (35) feet in height, provided further that the design of the building facade, roof, setback, lot size and other conditions shall be taken into account in the plan review process.

Front yard setback. A front yard of not less than fifteen (15) feet shall be provided.

Side yard setback. No side yard is required except that where a side line of a lot in this district abuts a District "R-1" to "C-O" inclusive, a side yard shall be provided the same as required in the adjoining district. A side yard of not less than fifteen (15) feet shall be provided on the street side of a corner lot.

Rear yard. No rear yard is required except that where a rear line of a lot in this district abuts land in a District "R-1" to "C-O" inclusive, a rear yard of not less than twenty-five (25) feet shall then be provided in this district.

Off-street parking. The back of curb of such parking lot shall be not closer than six (6) feet to a street line or property line abutting a residential lot. See Chapter 425 for additional parking requirements.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.110 "C-2" (CP-2) General Business District.

[Ord. No. 1007 §16-214, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.110), 9-24-2003; Ord. No. 1142 §6, 12-8-2004; Ord. No. 1273 §8, 8-20-2008; Ord. No. 1304 §11, 10-21-2009]

Permitted Uses. In District "C-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Any use permitted in District "C-1".

Shops and stores for retail trade, shops for custom work, sign shops, plumbing, heating and air-conditioning shops with no merchandise displayed or stored outside of building, rental shops, wholesale offices or sample rooms, repair shops, bakeries, frozen food lockers for retail use, greenhouse products, dry cleaning and laundry establishments, automotive supplies and accessories, motorcycle sales, pet shops, repair shops for small appliances, printing and publishing, pickup and delivery services.

Assembly halls, fraternal orders and philanthropic institutions, charity and welfare services, bus passenger stations, veterinary hospitals, vocational and trade schools, services such as private clubs, other than such clubs where alcoholic beverages are consumed.

Automobile sales agency, including maintenance connected therewith. Automobile car lot, including trucks, trailers, for sale or rental. Automobile repair and service shops. Car wash. Dog kennel. Gasoline service station and auto repair. Drive-in/drive-through restaurants or other places where ready-to-eat food is served for consumption on the premises in a vehicle or to be conveyed to a customer in a vehicle to be consumed off the premises.

Recreation establishments, amusement centers, arcades, pinball machines, air hockey, foosball and similar coin-operated amusement games. Theaters.

Accessory uses customarily incident to the normal operation of these uses including parking lots and signs. Note: Automobile sales or rental lots and services shall not be permitted as an accessory or subordinate special use to any business.

Performance Standards.

Generally all sales will be conducted within buildings. Rental shops will be permitted to have a screened yard that will not be a part of the required parking but will be in addition thereto.

Shops doing custom work will be limited to mechanical power reasonably necessary for the operation of any one (1) shop.

In no case shall the noise level exceed sixty (60) db (A) at repeated intervals or for a sustained length of time measured at the property lines.

Auto sales shall be limited to those businesses providing a minimum of fifteen (15) units for sale on site.

Height And Area. In District "C-2", the height of buildings, the minimum dimensions of lots and yards shall be as follows in Subsections (D) through (G) (for exceptions see Section 415.010).

Height. Buildings or structures shall not exceed three (3) stories in height, except that in District "CP-2", buildings and structures shall not exceed one hundred forty-four (144) feet in height.

Front Yard. A front yard of not less than fifteen (15) feet shall be provided for buildings not exceeding two (2) stories in height and a front yard of not less than fifteen (15) feet plus three (3) feet for each story in excess of two (2).

Side Yard. For buildings not exceeding three (3) stories, no side yard is required except that where a side line of a lot in this district abuts District "R-1" to "C-O" inclusive, a side yard shall be provided the same as required in the adjoining district. A side yard of fifteen (15) feet shall be provided on the street side of a corner lot. If the building height exceeds two (2) stories, the side yard next to the street shall be increased by two (2) feet for each story in excess of two (2).

Restriction On Rezonings. The provisions of this Section apply to land currently zoned "C-2" or "CP-2". No new land shall be zoned "C-2" or "CP-2". Future zoning shall be "CP-2A" or "CP-2B".

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.120 "MP" Industrial Park District.

[Ord. No. 1007 §16-215, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.120), 9-24-2003; Ord. No. 1273 §9, 8-20-2008; Ord. No. 1304 §12, 10-21-2009]

Permitted Uses. In District "MP", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Manufacturing, processing, fabrication or assembling of any commodity except junk or salvage.

Warehousing, wholesaling and storage of any commodity except junk or salvage.

Office laboratories and business functionally related to the use permitted.

Truck loading and unloading facilities related to the use permitted.

Public utility facilities.

Restaurant and automatic food vending machines (no alcohol).

Structures and uses clearly accessory and necessary to the normal operation of the above uses, including sign identification.

Required parking and landscaping.

Performance Standards.

All operations shall be conducted within a fully enclosed building.

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible at eye level (five (5) feet zero (0) inches) within three hundred (300) feet of the property.

No use shall be permitted or so operated to produce or emit:

Smoke or particulate matter of a Number 1 or darker on the Ringlemann Chart.

Dust, fly ash, odor, radiation, gases, heat, glare or other effects which are injurious to humans.

Vibration or concussion perceptible without instruments at the property line.

In no case shall the noise level exceed seventy (70) db (A) at repeated intervals or for a sustained length of time measured at the property line.

Industrial wastes shall be of such a quantity and nature as to not overburden the public sewer disposal facilities or to cause odor and unsanitary effects beyond the property line.

Truck traffic shall have direct access to major thoroughfares. Major thoroughfares are streets designated by the Public Works Department as roads accommodating or planned to accommodate four (4) lane traffic. Docks shall be located wholly within buildings out of view. Truck areas shall be totally screened from residential view with dense evergreens, masonry walls, berms and the like.

Height And Area. In District "MP", the height of buildings and the minimum dimension of lots and yards shall be as follows in Subsections (D) through (G); the minimum park size being ten (10) acres. (For exceptions see Section 415.010.) The Planning Commission and City Council shall have the discretion to grant relief from the ten (10) acre requirement upon a showing of good cause.

Height. No building shall exceed two (2) stories or thirty-five (35) feet in height. A structure other than a building may be erected to a height not to exceed sixty (60) feet provided such structure is set back from all property lines a distance equal to or greater than its height and is approved by the Planning Commission.

Front Yard. A front yard of not less than fifty (50) feet shall be provided.

Side Yard. A side yard shall be provided on each side of a building or unit group of buildings, the total of which side yard shall be not less than forty (40) feet and no side yard shall be less than ten (10) feet. A side yard abutting a street in the case of a corner lot or a side yard abutting a zoned residential lot shall be not less than twenty (20) feet.

Rear Yard. A rear yard of not less than fifteen (15) feet shall be provided.

Parking And Loading Regulations. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. Such parking area shall be permanently surfaced with hot-mix asphaltic concrete, a plant mix bituminous or cement-treated base or Portland cement concrete and shall be located on the premises. Not less than one (1) space for each five hundred (500) square feet of total floor area shall be provided. Each establishment shall also provide adequate loading space within a building or in a side or rear yard in such a way that all storage, standing and maneuvering of trucks shall be off the public right-of-way. No portion of a parking area or loading space, except the necessary drives, shall be located closer than thirty (30) feet to a public street. No portion of a paved area shall be closer than six (6) feet to a property line.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.130 "M-1" General Industrial District.

[Ord. No. 1007 §16-216, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.130), 9-24-2003; Ord. No. 1273 §10, 8-20-2008; Ord. No. 1304 §13, 10-21-2009]

Permitted Uses. In District "M-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Any uses permitted in District "MP".

Bakeries.

Bottling works.

Carpentry, cabinet or pattern shops.

Cleaning, pressing and dyeing plants.

Freight terminal (truck).

Laundries.

Machine shops.

Manufacturing of small products.

10.

Moving or transferring of storage plants.

11.

Photo engraving plants, printing, binding.

12.

Plumbing and sheet metal.

13.

Sign painting and fabrication.

14.

Storage buildings.

15.

Veterinary hospitals.

16.

Machinery, equipment or storage yard.

Performance Standards.

All storage of materials, products or equipment shall be within a fully enclosed building or in an open screened yard not visible from eye level (five (5) feet zero (0) inches) from within three hundred (300) feet of the property.

Smoke or particulate matter of a Number 1 or darker on the Ringlemann Chart shall not be permitted.

Dust, fly ash, odor, radiation, gases, heat or other effects shall not be produced which are obnoxious or injurious to humans.

Vibration or concussion shall not be perceptible without instruments at the property line.

In no case shall the noise level exceed seventy (70) db (A) at repeated intervals or for a sustained length of time measured at the property line.

Industrial wastes shall be of such a quantity and nature as to not overburden the public sewer disposal facilities.

Truck traffic shall have direct access to major thoroughfares. Docks shall be located wholly within buildings out of view or totally screened from residential view with dense evergreens, masonry walls, berms and the like.

Height And Area Regulations Generally. In District "M-1", the height of buildings, the minimum dimension of lots and yards shall be as follows in Subsections (D) through (G) (for exceptions see Section 415.010).

Height. No building shall exceed two (2) stories or thirty-five (35) feet in height. A structure other than a building may be erected to a height not to exceed sixty (60) feet provided such structure is set back from all property lines the same or greater distance and is approved by the Planning Commission.

Front Yard. There shall be a front yard of not less than thirty (30) feet.

Side Yard. A side yard shall be provided on each side of a building or unit group of buildings, the total of which side yard shall be not less than thirty (30) feet and no side yard shall be less than ten (10) feet. A side yard abutting a residential lot or a side street shall be not less than fifteen (15) feet.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet.

Parking Regulations. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. Such parking area shall be permanently surfaced and shall be located on the premises or within five hundred (500) feet thereof on land zoned for business or industry or by special use permit. Not less than one (1) space shall be provided for each five hundred (500) square feet of total floor area. Parking shall not be closer to a street or residential lot than fifteen (15) feet otherwise not less than six (6) feet.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.140 "MH" Mobile Home Park.

[Ord. No. 1007 §16-217, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.140), 9-24-2003; Ord. No. 1273 §11, 8-20-2008]

Where Permitted.

Except as provided in Subparagraphs (2) and (3) below, a mobile home may be located only in an approved mobile home park.

A mobile home may be permitted elsewhere in the City by the City Governing Body for the purpose of providing temporary housing following a disaster such as fire, windstorm or flood provided such mobile home is removed from its location after a specified time has expired.

One (1) or more mobile homes may be used as a temporary office or other non-residential structure on the site of a construction project, provided such structure is removed upon completion of the project.

Minimum Standards For Mobile Home Parks. No mobile home park shall have a site smaller than six (6) acres. The density for mobile home parks shall be not more than five (5) mobile homes per acre.

Stands And Skirts. Each mobile home space shall contain a Portland cement or asphaltic concrete stand upon which the mobile home will be situated, and each home shall be equipped with skirts on all sides, such skirts to be of material harmonious to the mobile home structure and installed within ten (10) days of home placement.

Anchoring. All new mobile homes installed within the City shall be anchored to the ground by means of anchors attached both to the frames and with straps extending over the top and completely surrounding sides and roof. Anchor designs shall be approved by the Building Code Engineer prior to installation. In addition, test data giving certified results of pull tests in soils representative of the locality in which the anchors are to be used shall be submitted to the Building Code Engineer. Minimum load in direct pull shall be five thousand four hundred (5,400) pounds. Anchors shall be marked so that after installation, the identification is in plain view for inspection.

Shelters. Each mobile home park shall provide an adequate number of sufficient shelters from natural disasters. Shelters shall be placed at such intervals within the mobile home park to ensure maximum safety for residents during times of natural disasters. Design and location of said shelters shall be determined at the time of final plan approval, but in no case shall the construction of the initial phase of a mobile home park be allowed to proceed without the concurrent construction of appropriate shelters.

Streets And Drives. All public streets within the park shall be improved to City standards for residential streets. There shall be at least two (2) street or drive openings into the park providing ingress and egress. All private drives shall be not less than twenty-four (24) feet in width, having Portland cement curbs and be surfaced with at least six (6) inches of compacted stone base with two (2) inches of hot mix bituminous concrete as the surface course, or equal, as determined by the City Engineer.

Parking. At least two (2) parking spaces for each mobile home shall be provided within sixty (60) feet of the mobile home. Such parking spaces shall be off the public street or private drive, and each shall be not less than nine (9) feet by twenty (20) feet in size and shall be surfaced to at least the standard set out in Subsection (F) for drives.

Park And Playground Space. Park and playground space shall be provided for occupants of the mobile home park on the basis of three hundred (300) square feet for each space in the park. Such playground space shall be separate and in addition to the open space required for each mobile home space and shall be equipped and maintained for the use of the residents of the park.

Open Space. Each mobile home shall be located on the mobile home space so that no part of one mobile home structure, including canopies, awnings, carports and other protrusions, is closer than twelve (12) feet to another mobile home or to the edge of the surface of a drive. No mobile home shall be located closer than thirty (30) feet to the boundary line of the mobile home park or to a public street. Each mobile home space shall have not less than two (2) live trees of two (2) to two and one-half (2½) inch caliper minimum.

Utilities. All liquid waste shall be disposed of through a sanitary sewer system and treatment facility, the plans of which shall be approved by the City Engineer and sewer district prior to construction. All solid wastes shall be disposed of by accumulation in tight containers and removed at regular intervals. All power and telephone lines shall be underground and shall be in compliance with standards of the utility corporation involved. The site of the park shall be graded so that surface water will not accumulate but will run off in a manner that will not adversely affect the residential character of the park or adjacent property. The proposed drainage systems shall be approved by the City Engineer prior to construction of streets or other portions of the park.

Mobile Home Park Plan Approval. A preliminary development plan for the entire mobile home park shall be submitted for approval as part of the special use permit approval process. Upon approval of the special use permit, final plans for the various stages of construction shall be submitted for approval by the Planning Commission and Council as to conformance to the preliminary plan. The preliminary development plan shall include at least the following information:

Proposed street and drive pattern.

Proposed mobile home spaces and their approximate dimensions.

Any existing streets in or abutting the property.

Location and size of parking spaces.

Location and size of park and playground area.

Location of shelters.

Storage for recreational vehicles.

Screening and landscaping.

Legal description of the tract.

10.

Name of the landowner, developer and the firm preparing the plans.

11.

North point, scale and date.

	The approval or disapproval of the special use permit for a mobile home park shall be based upon the following criteria:
	1.	The proposed property will be in harmony, in general, with the Comprehensive Plan of the City of Mission.
	2.	Two (2) or more routes of safe and efficient ingress and egress of vehicular and pedestrian traffic and an adequate level of utility and other services is assured.
	3.	A safe and healthful living environment will exist for the occupants of the park.
	4.	The plans for the park indicate that neighboring property will not be adversely affected to an unreasonable extent.
	Upon hearing and consideration of the project, the Commission shall, at the earliest date possible, submit its recommendation and an endorsed copy of the plans to the City Council for final action.
	All final plans, including detailed landscaping plans and signs to be allowed, shall be reviewed by the Planning Commission and be approved by that body prior to the beginning of grading or other construction of the mobile home park.

Mobile Home Subdivisions Prohibited. A subdivision for the purpose of selling individual lots in fee for the purpose of mobile home sites shall not be permitted.

Structural Quality Of Mobile Homes And Recreational Vehicles. All mobile homes and recreational vehicles built or constructed after January, 1973, which are placed, stored or parked within the City shall bear the seal of standard compliance required by the Mobile Home and Recreational Vehicle Code, K.S.A. 75-1211 et. seq. All mobile homes and recreational vehicles built or constructed prior to said date are not to be placed, stored or parked within the City unless they are in compliance with all building codes, where applicable.

Management Of Mobile Home Parks. Each mobile home park shall have a resident manager staff and shall be operated in a sanitary, orderly and efficient manner and shall maintain a neat appearance at all times. No damaged or deteriorated mobile home shall be permitted to remain; and suitable and effective rules for regulating the outside storage of equipment, the removal of wheels and installation of skirtings, the collection of trash and garbage, and the attachment of appurtenances to the mobile homes shall be continually enforced. A map shall be placed at the main entrance to the park, clearly showing the location of each space and the name and address of the occupant. Such map shall be illuminated at all times and be enclosed in a weatherproof case within full view of persons entering the park. All drives, playground area and equipment, lawn and trees and any recreation or accessory buildings shall be maintained at a level at least equal to the average residential neighborhood in the City. All portions of the mobile home parks shall be open and accessible to fire, police and other emergency and protective vehicles and personnel, including City, County and State inspectors.

Violations. The owner and/or operator of the mobile home park shall be responsible for the conformance to all plans, codes and ordinances and any conditions set out in the special use permit. Any deviation or non-performance or the occurrence of any nuisance or unsanitary condition or the termination of a park operation for one (1) year or more shall constitute grounds for cancellation of a special use permit. In addition, the City shall have all remedial and corrective powers conveyed by City ordinances and Statutes of the State of Kansas.

Section 410.150 "REC" Recreation District.

[Ord. No. 1007 §16-218, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.150), 9-24-2003; Ord. No. 1273 §12, 8-20-2008; Ord. No. 1304 §14, 10-21-2009]

Permitted Uses. In District "REC", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

Amusement park.

Archery range.

Baseball or other athletic field.

Bowling alleys.

Campgrounds.

Golf course, driving range, pitch and putt, miniature golf.

Gun club, skeet shoot or target range.

Commercial or club facilities for tennis, handball and similar recreation.

Fee lakes — fishing, boating.

Racetrack.

Riding stables.

Skating rinks.

Drive-in theater.

Recreation establishments, amusement centers, arcades, pinball machines, air hockey, foosball and similar coin-operated amusement games.

15.

Other recreational uses consistent with the intent of the above-listed uses and as approved by the Planning Commission and the City Council.

Performance Standards. The following standards shall not be exceeded or violated in this district:

All surfaces shall be of a dust-free nature.

Any noise, light, commotion or structure which may adversely affect adjoining property shall be minimized by appropriate resources treated in a fashion including, but not limited to, landscaping, screening and to restrictions on hours of operation approved by the City. Such approval will be a part of the plan approval process.

Height And Area Regulations Generally. In District "REC", the height of buildings and the minimum dimensions of lots and yards shall be as follows:

Height. No building or structure shall exceed sixty (60) feet in height.

Yard areas. Yard and other open spaces shall be determined at the time of the plan approval process.

Parking Regulations. The amount and location of parking spaces shall be determined by the Department of Public Works at the time preliminary plot plans are approved by the City.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.160 Statement of Intent.

[Ord. No. 1091 §§1 — 3(App. A §410.160), 9-24-2003; Ord. No. 1188 §2, 12-14-2005; Ord. No. 1565, 12-21-2022]

The zoning of property as "MS1" Main Street District 1 is intended to provide development opportunities consistent with the existing character within the core of Downtown Mission. Downtown Mission is the original commercial district within the City. The majority of buildings in the core of downtown have been constructed to the public right-of-way. Public parking lots are available and on-street parking is present to serve the downtown businesses. The result is a character unique to downtown that is not found elsewhere in the City. The "MS1" District provides for the majority of retail uses, while encouraging an active streetscape with a pedestrian friendly shopping environment. This district restricts automobile oriented uses and does not allow offices on the ground floor level. The district is also intended to allow multi-story buildings with office and residential uses above the ground floor level. Multi-story buildings with top-floor setbacks are encouraged within this district as described in the Mission/Rock Creek Redevelopment Masterplan. In addition, the district is intended to allow flexibility from the normal development standards found elsewhere in the City.

Section 410.170 Permitted Uses.

[Ord. No. 1091 §§1 — 3(App. A §410.170), 9-24-2003; Ord. No. 1188 §3, 12-14-2005; Ord. No. 1565, 12-21-2022]

Prepared Food. Restaurants (excluding those with drive-through facilities), sandwich shops, bistros, coffee houses, delis, bakeries, candy/ice cream/yogurt shops, and other establishments of similar character.

Food For Home. Convenience store, green grocer, gourmet grocer, health foods, meat/fish market and wine/liquor shops and other establishments of similar character.

Entertainment. Entertainment in restaurants (i.e., piano player, guitarist, small combos, dancing, etc.), movie theater and other establishments of similar character.

Specialty Retail. Antiques; appliances; art galleries, framing and supplies; bike shop; books; camera and photo supplies; casual apparel and accessories; children's apparel; computers/software; florist; gifts, stationary and cards; hardware; home decorating products and design services; men's apparel; music (recorded and sheet); newsstand; office and school supplies; optical products; radio/TV/electronics; sewing supplies; shoes, dress and casual; small variety store; sporting goods; tobacco shop; toys, games and crafts; traditional and costume jewelry; wall coverings and paint; women's casual apparel and accessories and other establishments of similar character.

Convenience Retail/Select Services. Barbershops; cosmetologists, beauty shops; dance studio; dry cleaners and tailor shop; coin-operated laundry, locksmith service, pharmacy; physical fitness facility; shoe repair/shine; video rental, computer services and other establishments of similar character.

Clubs and drinking establishments shall be allowed.

Arcades, operated in conjunction with clubs or drinking establishments, shall be allowed.

Entertainment or recreational uses.

Publicly owned parking lots.

Public parks and playgrounds, including public recreation or service buildings and publicly owned swimming pools.

Publicly owned and operated community buildings, museums and libraries.

Services limited to the practice of medicine, law, engineering, architecture, medical arts licensed by the State of Kansas, financial services, brokers, insurance and similar agents, consultants, counseling, photographers, printers and publishers, governmental activities, portal and parcel services, interior decorator, travel agencies and offices of all types are prohibited except under the following circumstances:

Where the prior use of any building or tenant space was for an office use as indicated above, then the same building or tenant space may continue to be used for an office use regardless of the time the space was vacant.

Where the prior use of the building or tenant space was for any permitted use in this Section except for offices or services, as outlined in Chapter 410.170(L), then a new office use shall only be permitted if the building or tenant space has been vacant for a minimum of three (3) months, and an administrative extension use permit has been approved by the Public Works Department. An application for an administrative extension use permit shall include a letter from the building owner indicating a desire to lease a tenant space to an office user, documentation including newspaper clippings of advertisements and evidence that signs were posted in the windows of the tenant space for at least three (3) months prior to the application for the administrative extension use permit. The Public Works Department shall approve an administrative extension use permit if the submittal requirements outlined above have been satisfied, and it is determined that a good faith effort has been made to lease the tenant space to a retail tenant for at least three (3) months. Any denial of an application for an administrative extension use permit may be appealed by the building owner to the City Council.

In addition to the uses listed above, the following uses are permitted above and below the ground floor level:

Any use permitted in "C-O" with the exception of mortuaries.

Residential units.

Accessory uses customarily incident to the normal operation of these uses.

Section 410.180 Height and Area Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.180), 9-24-2003; Ord. No. 1188 §4, 12-14-2005; Ord. No. 1565, 12-21-2022]

The maximum height of buildings and provisions for yards shall be as follows, except as otherwise provided in Section 415.010.

Maximum height — not exceeding three (3) stories and/or forty-five (45) feet.

Front build-to line — zero.

Side and rear yards.

Where a side yard abuts a public street, the build-to line shall be zero.

For side yards not adjacent to a public street, the build-to line shall be zero at the front building line. Behind the front building line, there is no stated requirement.

No rear yard is required.

Section 410.190 Parking Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.190, 9-24-2003; Ord. No. 1188 §5, 12-14-2005; Ord. No. 1565, 12-21-2022]

No parking is required.

No portion of any paved parking area that is hereafter constructed shall be permitted within six (6) feet of a street line or lot line.

Any parking and loading provided on private property shall be paved, striped, contain landscaping and screening as required in Chapter 415, Article III, Section 415.060 et seq., and surface water shall be handled in accordance with City standards.

All parking setback areas shall be graded and planted with appropriate ground cover and landscaping. In addition, all parking setback areas adjacent to a public street shall include a low wall and/or hedge located at the right-of-way line for the entire length of the lot.

On-street parking may be constructed where adequate right-of-way is available, subject to good traffic engineering design principles. Determination as to the appropriateness of on-street parking shall be determined at the time of downtown development plan approval.

Section 425.020, Minimum Space Requirements, does not apply to this zoning district.

Section 410.200 Development Standards.

[Ord. No. 1091 §§1 — 3(App. A §410.200), 9-24-2003; Ord. No. 1304 §15, 10-21-2009; Ord. No. 1565, 12-21-2022]

Drive-up, drive-through or drive-in service for any use is prohibited.

The architectural style, materials and visual quality shall be in harmony with, but not necessarily the same as, adjacent existing buildings.

All rooftop or ground-mounted mechanical equipment and any trash bins shall be permanently and securely screened by architectural materials harmonious with the building.

Restaurants may have an outdoor service area that is accessory to the main restaurant function. The outdoor service area must be a well-defined space, designed and serviced to keep debris from blowing off the premises. Patrons must gain entrance through the main entrance to the restaurant, but at least one (1) exit must be provided for fire safety. The outdoor seating area may be located adjacent to the public street right-of-way, in which case the perimeter of the outdoor seating area shall be enclosed by a low wall and/or hedge located at the right-of-way line.

The Planning Commission or City Council may require assurance of the financial and administrative ability of any agency created by a developer for the purpose of maintaining common open space and facilities of a non-public nature.

Sales and consumption of cereal malt beverages or alcoholic liquor are prohibited except as follows:

Package liquor stores licensed with the State of Kansas and the City shall be allowed provided that the exterior walls of such establishment are at least two hundred (200) feet from the nearest property line of any hospital, school, church or library. For purposes of this Section, the term "school" shall mean any public, private or parochial learning facility for children in preschool through grade twelve (12) accredited by the State Board of Education or, where required, certified as a preschool by the Kansas Department of Health and Environment.

Food service establishments serving cereal malt beverages and clubs or drinking establishments serving alcoholic liquor shall be allowed. A special use permit shall be required for clubs and drinking establishments within two hundred (200) feet of "R-1," "R-2," "R-3" "R-4," "R-5," or "R-6" zoned districts.

Package sales of cereal malt beverages not for consumption upon the premises shall be allowed.

All establishments listed above shall comply with the requirements contained in Chapters 600 and 605 of the Municipal Code, as applicable.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.210 Performance Standards.

[Ord. No. 1091 §§1 — 3(App. A §410.210), 9-24-2003; Ord. No. 1188 §6, 12-14-2005; Ord. No. 1565, 12-21-2022]

Establishment within this district shall be operated and maintained in conformance with the following standards:

All buildings, signs and open spaces shall be continuously maintained in a clean, neat and uncluttered fashion.

No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

Section 410.220 Statement of Intent.

[Ord. No. 1091 §§1 — 3(App. A §410.220), 9-24-2003; Ord. No. 1188 §7, 12-14-2005]

The zoning of property as "MS2" Main Street District 2 is intended to provide development opportunities consistent with the existing character surrounding the core of downtown Mission. The objectives for this district are similar to "MS1", except residential and office uses are permitted on the ground floor level of mixed-use buildings or complexes in order to support the businesses in the downtown area. This district promotes multi-story structures with top-floor setbacks as described by the Mission/Rock Creek Redevelopment Masterplan.

Section 410.230 Permitted Uses.

[Ord. No. 1091 §§1 — 3(App. A §410.230), 9-24-2003; Ord. No. 1188 §8, 12-14-2005]

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses, subject to the development and performance standards set forth in Section 410.260:

Any use permitted in District "MS1", subject to the applicable development and performance standards.

Any use permitted in District "C-O", excluding mortuaries.

Residential uses, as a part of a commercial or office building or complex.

Accessory uses customarily incident to the normal operation of these uses.

Section 410.240 Height and Area Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.240), 9-24-2003; Ord. No. 1188 §9, 12-14-2005]

The maximum height of buildings and provisions for yards shall be as follows, except as otherwise provided in Section 415.010:

Maximum height. Not exceeding three (3) stories and/or forty-five (45) feet.

Yards. No front, side or rear yard is required; provided however, that for properties adjacent to properties zoned "R-1" and "R-2", a twenty-five (25) foot building setback from said properties is required. In addition, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require a front, side or rear yard if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent developments.

Minimum lot area per multi-family dwelling. One thousand two hundred forty-five (1,245) square feet per unit. (Thirty-five (35) units per acre.)

Section 410.250 Parking Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.250), 9-24-2003; Ord. No. 1188 §10, 12-14-2005]

Four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of gross floor area; provided however, that properties whose nearest property line is within two hundred (200) feet of the nearest public off-street parking lot, two and one-half (2½) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of gross floor area.

For residential uses, the minimum number of off-street parking spaces shall be provided on the premises as follows:

Efficiency apartments: — one (1) space per unit.

One (1) bedroom units — one (1) space per unit.

Two (2) or three (3) bedroom units — two (2) spaces per unit.

Four (4) bedroom units — two and one-half (2½) spaces per unit.

No portion of any paved parking area that is hereafter constructed shall be permitted within six (6) feet of a street line or lot line.

Section 425.020, Minimum Space Requirements, does not apply to this zoning district.

Section 410.260 Development and Performance Standards.

[Ord. No. 1091 §§1 — 3(App. A §410.260), 9-24-2003]

The same development and performance standards as in the MS1 District shall apply as described in Sections 410.200 and 410.210, with the following exception:

Drive-up or drive-in service may be provided except where food, beverages, or cereal malt beverages in any form are served, dispensed or otherwise change hands.

Residential uses shall not consist of more than fifty percent (50%) of the ground level street frontage within any commercial or office building or complex.

Section 410.270 Statement of Intent.

[Ord. No. 1091 §§1 — 3(App. A §410.270), 9-24-2003]

The zoning of property as "DND" Downtown Neighborhood District is intended to encourage private and public investment in the neighborhoods surrounding the commercial core of downtown Mission. The intent is to offer a unique living environment that offers a variety of housing styles, that supports the downtown businesses, and acts as a way to stabilize the surrounding single-family neighborhoods.

Section 410.280 Permitted Uses.

[Ord. No. 1091 §§1 — 3(App. A §410.280), 9-24-2003; Ord. No. 1188 §11, 12-14-2005]

Townhouses, containing two (2) to six (6) dwelling units per building, on development parcels of one (1) acre or larger.

Single-family detached dwellings on development parcels smaller than one (1) acre.

Multi-family buildings and condominiums.

Public parks and playgrounds, including public recreation or service buildings and publicly owned swimming pools.

Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreational facilities within the project for the use of project residences.

Accessory uses as provided in Chapter 420, Article I.

Section 410.290 Height and Area Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.290), 9-24-2003; Ord. No. 1188 §12, 12-14-2005]

The maximum height of buildings and provisions for yards shall be as follows, except as otherwise provided in Section 415.010.

Maximum height.

Single-family residences. Two (2) stories, and not exceeding thirty (30) feet.

Townhouse buildings. Three (3) stories, and not exceeding thirty-five (35) feet.

Multi-family or condominium buildings. Three (3) stories, and not exceeding forty-five (45) feet.

Accessory structures and uses. One (1) story, not exceeding twenty (20) feet and not exceeding the height of the main structure.

Front yards.

Front yards for single-family dwellings and townhouses shall be a minimum of ten (10) feet and a maximum of twenty (20) feet.

No front yard setback is required for multi-family and condominium buildings. However, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require a front yard if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.

Minimum side yards.

Six (6) feet for single-family dwellings, except the street side yard on corner lots shall be not less than ten (10) feet.

No side yard is required for dwellings within a townhouse building, except under the following conditions:

(1)

Townhouse buildings adjacent to any other residential property shall be set back not less than six (6) feet from the side property line.

(2)

The street side yard on corner lots shall be not less than ten (10) feet.

No side yard setback is required for multi-family and condominium buildings; provided however, that for properties adjacent to properties zoned "R-1" or "R-2", a twenty-five (25) foot building setback from said properties is required. In addition, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require a side yard if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.

Rear yards.

Twenty-five (25) feet, except where garages are oriented toward a private alleyway or shared driveway in the rear of a lot, in which case an eighteen (18) foot setback shall be provided from the alleyway or shared driveway.

No rear yard setback is required for multi-family and condominium buildings; provided however, that for properties adjacent to properties zoned "R-1" or "R-2", a twenty-five (25) foot building setback from said properties is required. In addition, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require a rear yard if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.

Lot width.

For single-family dwellings, the minimum lot width shall be forty (40) feet, and the maximum lot width shall be sixty (60) feet.

For townhouse buildings, multi-family buildings or condominiums, there are no lot width requirements.

Minimum average lot depth.

For single-family dwellings, the average lot depth shall be one hundred fifteen (115) feet.

For townhouse buildings, multi-family buildings or condominiums, there are no lot depth requirements.

Minimum lot area per dwelling unit.

For single-family dwellings, four thousand five hundred (4,500) square feet per unit (nine and sixty-eight hundredths (9.68) units per acre).

For townhouse developments, one thousand seven hundred forty-two (1,742) square feet per unit (twenty-five (25) units per acre).

For multi-family buildings or condominiums, eight hundred seventy-two (872) square feet per unit (fifty (50) units per acre).

Section 410.300 Parking Regulations.

[Ord. No. 1091 §§1 — 3(App. A §410.300), 9-24-2003; Ord. No. 1188 §13, 12-14-2005]

For single-family dwelling units or townhomes, two (2) off-street parking spaces shall be provided for each dwelling unit, at least one (1) of which shall be a covered parking space. For other parking requirements, see Chapter 425.

For multi-family dwellings or condominiums, the minimum number of off-street parking shall be provided on the premises as follows:

Efficiency apartments — one (1) space per unit.

One (1) bedroom units — one (1) space per unit.

Two (2) or three (3) bedroom units — two (2) spaces per unit.

Four (4) bedroom units — two and one-half (2½) spaces per unit.

Section 410.310 Development and Performance Standards.

[Ord. No. 1091 §§1 — 3(App. A §410.310), 9-24-2003; Ord. No. 1304 §16, 10-21-2009]

Decorative wooden, PVC or ornamental metal fencing of a single unified design that compliments the architectural character of the residences may be permitted along front and side property lines at the time of downtown development plan approval. Said fencing shall not exceed three (3) feet in height.

Detached accessory buildings shall not be located in any required front or side yard setback area, but may be located in the rear yard setback area provided that no such building may be closer than three (3) feet to any interior property line, closer than twenty (20) feet from any street right-of-way line or in front of any building setback line. The ground area of detached accessory buildings in the rear yard shall not exceed thirty percent (30%) of the total land area in the rear yard setback. No more than one (1) detached accessory building shall be permitted for each residence. Otherwise, the same provisions found in Chapter 420, Article I shall apply.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.320 Statement of Intent.

[Ord. No. 1091 §§1 — 3(App. A §410.320), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §3, 8-25-2004; Ord. No. 1246 §1, 10-17-2007]

It is the purpose of this Article to ensure the City of Mission's downtown as an economically vibrant area with great appeal to area-wide patrons by applying the provisions of this Article to prohibit new auto service businesses in the Downtown and East Gateway Overlay Districts, to implement design guidelines, to ensure that any new development or redevelopment is in conformance with the recommendations of the Future Land Use Map in the City's Comprehensive Plan and the HyettPalma's Downtown Action Agenda 2002 and to implement the Form Based Code for the West Gateway Study Area.

Section 410.330 Downtown, West and East Gateway Districts.

[Ord. No. 1091 §§1 — 3(App. A §410.330), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §4, 8-25-2004]

The following three (3) overlay districts are hereby established and are described in Appendix A to this Chapter:

The Downtown District (DD).

The East Gateway District (EGD).

The West Gateway District. (WGD).

All rules and regulations found elsewhere in this Article are applicable to areas found within these overlay districts. In addition, areas found within these overlay districts shall be subject to restrictions found in Section 410.340 and Section 410.350 of this Article.

Section 410.340 Development Standards and Prohibited Uses.

[Ord. No. 1091 §§1 — 3(App. A §410.340), 9-24-2003; Ord. No. 1092, 10-22-2003; Ord. No. 1124 §5, 8-25-2004; Ord. No. 1188 §14, 12-14-2005; Ord. No. 1246 §2, 10-17-2007; Ord. No. 1258 §1, 5-21-2008; Ord. No. 1281 §1, 10-15-2008; Ord. No. 1418 §1, 12-17-2014]

The following uses are prohibited in the Downtown District and East Gateway District on any property that is residentially zoned ("R" or "DND" Districts), or is within one hundred (100) feet of any residentially zoned ("R" or DND Districts), or is wholly or partially within one hundred (100) feet of Johnson Drive:

Gasoline service stations and convenience service stores.

Body shops, auto glass installation shops, tire stores, transmission repair and similar auto service establishments.

Establishments where new or used vehicles are sold.

Car washes.

Any development or redevelopment that does not conform with the City's Master Plan and Design Guidelines.

All exterior alterations or improvements to buildings (excluding exact replacements or color), new building permits, site plan reviews and rezoning/special use permit applications shall be in accordance with Design Guidelines for the "DD," "EGD" and "WGD." The intent of the Design Guidelines is to promote site-specific, contextual buildings that incorporate mixed uses and pedestrian friendly commercial activity. For this reason, whenever a conflict exists between the Zoning Ordinance and Design Guidelines requirements for setbacks, height, landscaping or signage, the Design Guidelines shall be adhered to.

There is hereby incorporated herein by this reference the "Form Based Code for the West Gateway Study Area" ("Form Based Code"), copies of which are on file in the City offices. The Form Based Code shall be applicable to the West Gateway District.

Designs and uses set forth in the Form Based Code shall govern all facets of the development or redevelopment in the West Gateway Study Area, except as indicated in Sections 420.130 through 420.230.

When applying the Form Based Code, zoning shall be deemed cumulative. Uses allowed in "M" Zones shall include uses allowed in "C" and "R" Zones; uses allowed in "C" Zones shall include uses allowed in "R" Zones, "DND," "MS2" and "MXD" Districts.

In the event of a conflict between the provisions of this Code and the Form Based Code in the West Gateway District, the Form Based Code takes precedence.

Discount stores and discount superstores shall abide by the following regulations:

Requirements of Sections 445.180 and 445.190 shall be satisfied.

The building footprint of any development shall not exceed fifty percent (50%) of the gross square footage of the building or fifty thousand (50,000) gross square feet, whichever is less. When this requirement causes a conflict with height requirements in the corresponding zoning district, deviations in maximum height may be granted by the Planning Commission and City Council during the preliminary plan review stage as follows:

When the proposed development is in harmony with neighboring buildings; and/or

As specified in Section 405.090(G).

No more than twenty-five percent (25%) of the parking requirements of the use shall be satisfied with surface parking, with the remainder provided by structure or on-street parking, located within one thousand three hundred twenty (1,320) linear feet, which is considered to be a walking distance of the building.

Surface parking lots shall be prohibited between the building facade and a public street or at the intersection of two (2) public streets and shall be located to the side or rear of the building.

A total of no less than twenty percent (20%) of the site shall be open landscaped space. This space shall be for the most part one (1) or more exterior plazas, pocket parks or other areas of similar nature which encourage pedestrian activity and provide a place for public events, gathering of the community, etc.

Surface parking lots to the side or rear of a building visible from a public street shall be screened with approved landscaping or a masonry wall at least four (4) feet in height.

The Planning Commission may grant exception to one (1) or more of these requirements in property specifically zoned "MXD" Planned Mixed Use District, where the overall intent of that zoning category has been clearly met.

Section 410.350 Non-Conforming Uses.

[Ord. No. 1091 §§1 — 3(App. A §410.350), 9-24-2003; Ord. No. 1092, 10-22-2003]

Non-conforming uses in these districts may operate indefinitely but may not expand or enlarge floor area may not increase the number of gasoline pumps, may not add parking areas, may not expand display, storage or service areas and may not add service bays or otherwise increase the type of services that were provided on the date of adoption of this ordinance.

Section 410.360 Statement of Intent.

[Ord. No. 1097, 12-10-2003; Ord. No. 1386 §1, 8-21-2013]

The zoning of property as "PBP" Planned Business Park District is intended to allow a mix of office, light industrial and limited retail and service uses in an urban planned business park setting. This district is a planned zoning district designed to provide for high-quality development with increased amenities. In appropriate circumstances, property zoned "PBP" may be located adjacent to residential uses.

Section 410.370 Permitted Uses.

[Ord. No. 1097, 12-10-2003]

No building, structure, land or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses, subject to the development and performance standards set forth in this Article:

Any use permitted in Districts "C-O" and "DND" subject to the applicable development and performance standards.

Display or catalog showrooms.

Light manufacturing, processing, fabricating or assembling of any commodity except junk or salvage.

Laboratories.

Printing and publishing, accessory to the main use.

Photographic processing facilities.

Colleges and universities.

Business and trade schools.

Parks, playgrounds and recreation areas.

10.

Auditoriums and conference facilities.

11.

Eating establishment, not including drive-up or drive-through service, accessory to the main use.

12.

Art galleries and studios.

13.

Gymnastic and dance studios.

14.

Research establishments of medical or scientific nature.

15.

Warehousing and storage space for any commodity, except junk or salvage, used in conjunction or as part of any manufacturing, processing, fabricating, assembling or distribution accessory to the main use, provided that:

There shall be no storage of any hazardous materials except the amount exempted by fire codes, and

Floor area shall not exceed twenty-five percent (25%) of the gross floor area of the main use.

16.

The following uses are permitted provided the sales and display floor area shall not exceed twenty-five percent (25%) of the gross floor area of the main use and in no event shall such areas exceed two thousand five hundred (2,500) square feet.

Sales of commodities manufactured, processed, fabricated, assembled, warehoused or stored on the premises.

Business machines or office supplies; sales and repair.

Appliances; sales and repair.

Electronics; sales and repair.

17.

Surface or structured vehicular parking areas accessory to the main use or open to the public use.

Section 410.380 Height and Area Regulations.

[Ord. No. 1097, 12-10-2003]

The maximum height of buildings and structures and the minimum dimensions of lots and yards shall be as follows:

Maximum height:

Buildings. Forty (40) feet, except when a building is within one hundred (100) feet of single-family residential property, the maximum height shall be thirty (30) feet.

Structures other than buildings. One hundred (100) feet, provided such structure is set back from all property lines a distance equal to or greater than one-half (½) its height. Any such structure shall be architecturally appealing (such as hidden by a clock tower, etc.) in order to offset its appearance.

Minimum setbacks.

No front, side or rear yard is required; provided however, that for properties adjacent to or within sixty (60) feet of properties Zoned "R-1" and "R-2", a twenty-five (25) foot building setback is required. In addition, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require a front, side or rear yard if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthy living environment, prevent visual obstruction of adjoining properties or to ensure compatibility with existing adjacent developments.

Section 410.390 Parking and Loading Regulations.

[Ord. No. 1097, 12-10-2003]

Each establishment under unified control, but not necessarily each building, shall provide sufficient off-street parking spaces within the district for all employees, customers, visitors and others who may spend time at the establishment during working hours. The number of such parking spaces shall be determined at the time of preliminary development plan approval, but in no event shall there be less than two and one-half (2.5) spaces for each one thousand (1,000) square feet of total floor area. A portion of such parking may, at the discretion of the Planning Commission or Governing Body, be deferred at the time of preliminary development plan approval.

Each establishment shall provide adequate loading space within a building or in a side or rear yard in such a way that all storage, standing and maneuvering of trucks shall be off the public right-of-way.

No portion of a surface parking or loading space, including maneuvering areas but except the necessary drives, shall be located closer than six (6) feet from a public street right-of-way and from any property line with an adjacent property not under unified control.

See Chapter 425 for additional requirements.

Section 410.400 Development and Performance Standards.

[Ord. No. 1097, 12-10-2003; Ord. No. 1304 §17, 10-21-2009; Ord. No. 1386 §2, 8-21-2013]

Common Ownership. No application for a "PBP" development shall be accepted or approved unless all of the property included in the application is under unified control or until it is under contract for sale to an entity that will have unified control. Any development within this district will require submission of a campus plan.

Integrated Architectural Design. The plan for development of the "PBP" development shall demonstrate integration and coordination of the architectural design for buildings, structures, landscaping and open space areas.

High Quality Visual Image. Buildings in the "PBP" District should present a high quality visual image to the street characterized by significant use of glass, the use of higher quality finish materials and designs with building articulation, visual interest and detail similar to office development.

Prohibited Activities. The following are prohibited in a "PBP" District: Overhead doors facing residential zoning districts and erection of external tanks and equipment (beyond customary building mechanical systems) that are not fully enclosed or fully screened from public view.

All operations shall be conducted within a fully enclosed building.

There shall be no outside storage of materials, products or equipment, other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the preliminary development plan.

Limited Activities. Uses in the "PBP" District should involve activities that are totally enclosed and have no noise, odor, vibration or other impacts discernibly external to the building such as, but not limited to, the following:

No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringlemann No. 1.

Any lighting used to illuminate an off-street parking area, sign or other structure shall be shielded as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or from high-temperature processes such as combustion or welding, shall not impact or affect any adjoining property. The source of lights shall be hooded or controlled. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one (1) foot-candle (meter reading) as measured from the centerline of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed one-half (0.5) foot-candles (meter reading) as measured from said property line.

No heat from furnace processing equipment or other device shall be sensed at the lot line or property line.

No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed emission rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq. or amendments thereto and any administrative regulations adopted thereunder.

No activity shall be permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

A minimum of five percent (5%) of the entire business park shall be landscaped open space. There shall be landscaping around the perimeter in such a nature that it creates a barrier to any single-family residential areas.

No loading dock shall be permitted to face residential zoning districts unless a screening plan therefore is approved as part of final plan approval.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair, site plan approval shall be obtained as provided for in Chapter 440.

Section 410.410 Statement of Intent.

[Ord. No. 1188 §19, 12-14-2005]

The zoning of property to the "MXD", Planned Mixed Use District is intended to encourage a variety of land uses in closer proximity to one another than would be possible with more conventional zoning districts and to encourage building configurations that create a distinctive and memorable sense of place. Developments in this district are allowed and expected to have a mixture of residential, office and retail uses, along with public spaces, entertainment uses and other specialty facilities that are compatible in both character and function. Developments are also expected to utilize shared parking facilities linked to multiple buildings and uses by an attractive and logical pedestrian network that places more emphasis on the quality of the pedestrian experience than is generally found in typical suburban development. Buildings are intended to be primarily multi-story structures with differing uses organized vertically rather than the horizontal separation of uses that commonly results from conventional zoning districts. This planned zoning district is intended for those areas Master Planned as office or commercial, or where a special study has been undertaken that recommends a non-residential-focused mixed use development. This district is not intended for areas Master Planned for residential development or for mixed use developments that are residentially focused.

Section 410.420 Permitted Uses.

[Ord. No. 1188 §19, 12-14-2005]

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, moved or altered, except for one (1) or more of the following uses, subject to the development and performance standards set forth in Section 410.450:

Any use permitted in District "MS2" subject to applicable development and performance standards.

Services such as bus and other transportation terminals.

Multi-family dwellings, such as townhouses, condominiums and apartments.

Assisted living.

Elderly housing.

Public buildings.

Public or private schools.

Public or private parks and playgrounds.

Religious facilities.

10.

Auditoriums.

11.

Communication antennas mounted on existing structures.

12.

Conference facilities.

13.

Convention centers.

14.

Hotels.

15.

Sports or recreational facilities.

Section 410.430 Height and Area Regulations.

[Ord. No. 1188 §19, 12-14-2005]

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in Section 415.010:

Height.

No height limit.

At least fifty percent (50%) of the total floor area shall be located above the ground floor.

Setbacks.

Minimum setback from right-of-way — zero (0).

A minimum of thirty percent (30%) of the development site's perimeter public street frontage shall be occupied by a building wall located no further than thirty (30) feet from the perimeter right-of-way line. This setback shall not include any parking areas, drives or drive-thru aisles.

The remaining percentage (excluding breaks for driveways and pedestrian connections) of the development site's perimeter public street frontage shall be occupied by:

(1)

A berm three (3) feet high with a maximum slope of three to one (3:1) in combination with coniferous and deciduous trees and shrubs; or

(2)

A low continuous landscaped hedge at least three (3) feet high, planted in a triangular pattern so as to achieve full screening at maturity; or

(3)

A low decorative masonry wall at least three (3) feet high in combination with landscaping; or

(4)

A combination of any of these methods.

Perimeter setbacks other than those adjacent to public right-of-way: No setback is required except that where a lot line abuts the lot line of residentially or office Master Planned property, a setback shall be provided which is at least equal to the minimum setback required in the district which the property abuts, plus one (1) foot for every six (6) feet of building height over thirty (30) feet or portion thereof. Additionally, during the rezoning or preliminary development plan approval process, the Planning Commission and City Council may require additional setbacks if it is determined that such yard is necessary to provide adequate open space, access to light and air, a healthful living environment, prevent visual obstruction of adjoining properties, or to ensure compatibility with existing adjacent development.

Section 410.440 Parking Regulations.

[Ord. No. 1188 §19, 12-14-2005]

Parking Setback. No parking area shall be located within ten (10) feet of any street right-of-way.

In District "MXD", parking shall be provided on the premises in the following amounts:

Minimum parking for non-residential uses shall be provided as follows: Three (3) spaces per one thousand (1,000) square feet of total floor area except for those uses as identified below:

	LAND USES	KEY
	Restaurants, cafeterias, armories, assembly halls, theaters, athletic fields and other seating facilities	C
	Libraries	AF
	Hotels, motor hotels, motels, apartment hotels, dormitories and similar boarding facilities	AB
	Hospitals, nursing or convalescent homes or congregate care facilities	DE

	KEY
	A	One (1) space for each four (4) employees
	B	One (1) space for each guest room
	C	One (1) space for each four (4) seats
	D	One (1) space for each four (4) beds
	E	One (1) space for each two (2) staff persons or visiting doctors
	F	One (1) space for each four hundred (400) square feet service floor area

For those developments with over one hundred fifty thousand (150,000) square feet of non-residential floor area, no additional parking shall be required for restaurants.

Parking for residential uses shall be provided as follows: One and one-half (1.5) spaces per dwelling unit.

Maximum grade level parking allowed per use or per project shall be one hundred fifty percent (150%) of the minimum parking required for such use. Any new parking facility with a capacity over two hundred (200) spaces shall accommodate no more than sixty percent (60%) of the total parking at grade level.

The Planning Commission and City Council may reduce the required parking after considering documentation and/or study provided by the applicant, staff's recommendation and giving decisive weight to all relevant facts including, but not limited to, the following factors: Availability and accessibility of alternative parking; impact on adjacent residential neighborhoods; existing or potential shared parking arrangements; the characteristics of the use, including hours of operation and peak parking demand times; design and maintenance of off-street parking that will be provided; and whether the proposed use is new or a small addition to an existing use.

On-street parking spaces may be counted towards the minimum requirements as set forth above, provided the on-street spaces are located on an adjacent or internal street that allows on-street parking. On-street parking spaces being counted towards the credit must be identified on plans at time of submittal to the City.

Section 410.450 Development and Performance Standards.

[Ord. No. 1188 §19, 12-14-2005; Ord. No. 1304 §18, 10-21-2009]

Merchandise, which may be appropriately displayed outside a building, shall be kept off the public sidewalks, parking lots, landscaped areas and streets and shall not occupy an area greater than ten percent (10%) of the ground floor area of the non-residential portion of the adjacent building. All merchandise shall be displayed on a concrete or similar harden surface. No merchandise (including motorcycles, scooters and automotives) may be left outdoors when the business is not open.

Drive-up service may be permitted as part of final development plan approval. The drive-up or walk-up restaurants shall be integrally designed into the development and the drive-thru lane and drive-thru window may not be located adjacent to the public street network or drives.

Eating/drinking establishments may have an outdoor eating area as designated on a plan. Any outdoor eating areas on public right-of-way shall be subject to a right-of-way maintenance agreement.

Communication antennas may be installed on any existing structure (such as a building, utility pole, water tower etc.) three (3) stories in height or greater but no less than thirty-five (35) feet, provided that the additional antennas shall add no more than twenty (20) feet to the height of said existing structure. Communication antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than three (3) stories or thirty-five (35) feet in height, subject to final development plan approval. Associated equipment may be in height, subject to final development plan approval. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with Chapter 415, Article II.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Mission City Zoning Code

CHAPTER 410

District Regulations

410a Appendix A

Section 410.010 "R-1" (RP-1) Single-Family Residential District.

Dwellings, one-family, except for residential-designed manufactured homes.

Publicly owned parks and recreational areas.

There shall be a side yard of at least twenty-five (25) feet for any principal or accessory building.

Off-street parking shall be set back at least seven (7) feet from any property line and shall be suitably screened by walls, berms or landscaping.

The location of the use shall be in accordance with at least one (1) of the following situations:

(1)

On a corner lot immediately adjacent to or across the street from a public park or public recreational area or any other purpose listed in Subsection (A)(3) above.

(2)

On a parcel or tract of land entirely surrounded by any combination of highways, streets or alleys.

(3)

A lot or parcel of land immediately adjoining "R-2" to "C-2" District inclusive; or on a corner lot immediately opposite on the other side of the street in any "R-2" to "C-2" District.

(4)

Group home, as defined by K.S.A. 12-736 and amendments thereto, located in a single-family dwelling.

The following accessory uses are permitted when located on the same tract, lot or parcel with the above uses:

Home occupations.

Non-commercial greenhouses.

Private swimming pools when complying with regulations.

Recreation and service buildings, dining halls, dormitories and the like in connection with Subsection (A)(3) above.

Temporary real estate offices, contractors' construction offices and like character during construction; removed on completion.

All non-residential uses proposed in this district shall be subject to the approval procedures set forth in Section 440.170(C).

For other accessory uses, see Chapter 420, Article I.

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.

The roof and design of the proposed living area or porch is properly proportioned to and integrated with the dwelling.

Plans are approved by the Planning Commission.

The structure does not adversely affect drainage on the lot or neighboring properties.

Side Yards.

There shall be a side yard on each side of a dwelling no less than five (5) feet and need not be more than fifteen (15) feet.

Buildings on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet.

Rear Yards. The depth of the rear yard shall be at least twenty (20) feet.

Lot Area Per Residential Dwelling. Every dwelling hereafter erected, moved or altered shall provide a lot area of not less than six thousand six hundred (6,600) square feet per dwelling unit.

Any lot platted prior to October 8, 2003 and which has a width of sixty (60) feet and an average depth of one hundred ten (110) feet may be utilized for single-family dwelling.

Section 410.020 "R-2" (RP-2) Two-Family Residential District.

[Ord. No. 1007 §16-205, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.020), 9-24-2003; Ord. No. 1304 §2, 10-21-2009]

Any use permitted in District "R-1".

Dwellings, two-family, commonly referred to as duplexes.

Accessory uses as provided in District "R-1".

Recreation areas and buildings, including swimming pools.

Buildings designed for common area maintenance.

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front Yards. Any building hereafter constructed shall provide a front yard the minimum depth of which shall be thirty-five (35) feet.

Rear Yards. The depth of the rear yard for each dwelling unit shall be at least twenty-five (25) feet.

Lot Area Per Residential Dwelling. Every dwelling hereafter erected, moved or altered in this district shall provide a lot area per family as follows:

Single dwelling. Seven thousand seven hundred (7,700) square feet on interior lots, nine thousand three hundred fifty (9,350) square feet on corner lots.

Double dwelling. Four thousand (4,000) square feet on interior lots, five thousand five hundred (5,500) square feet on corner lots.

Lot Size.

The width of the lot at the building line shall be at least seventy (70) feet except that the width of a corner lot shall be not less than eighty-five (85) feet.

The average depth of the lot measured at the center of each unit shall not be less than one hundred ten (110) feet.

Section 410.030 "R-3" (RP-3) Town House District.

[Ord. No. 1007 §16-206, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.030), 9-24-2003; Ord. No. 1304 §3, 10-21-2009]

Residential buildings defined herein as town houses and including customary accessory uses.

Clubs, swimming pools, garages and other similar facilities normally accessory to the main use of the premises.

Home occupations.

Height. Buildings or structures shall not exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Lot Size. No town house project will be constructed on a lot having less than one (1) acre.

Lot Area Per Dwelling Unit. Every town house unit hereafter constructed, moved or altered shall provide a net site area of not less than five thousand (5,000) square feet.

Yard Areas.

Each residential or accessory building shall provide a setback from any public street of not less than twenty-five (25) feet.

Each residential building shall provide a yard between the building and a property line of the project, other than a street line, of not less than ten (10) feet.

Each accessory building shall provide a yard between the building and a property line of the project, other than a street line, of not less than seven (7) feet.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.040 "R-4" (RP-4) Garden Apartment District.

[Ord. No. 1007 §16-207, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.040), 9-24-2003; Ord. No. 1273 §1, 8-20-2008; Ord. No. 1304 §4, 10-21-2009]

Garden apartment buildings.

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

Home occupations.

Front Yards. Front yards shall be not less than thirty (30) feet.

Lot Area Per Dwelling. The minimum lot area shall be three thousand five hundred (3,500) square feet per dwelling unit.

Parking Regulations. Two (2) off-street parking spaces shall be provided on the premises for each dwelling unit.

Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter 440.

Section 410.050 "R-5" (RP-5) Senior Adult Residential District.

[Ord. No. 1007 §16-208, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.050), 9-24-2003; Ord. No. 1273 §2, 8-20-2008; Ord. No. 1304 §5, 10-21-2009]

Apartment structures designed for occupancy by persons of retirement age, primarily fifty-five (55) years and older, who do not require continuing or intensive health care.

Congregate living facilities for persons of retirement age.

	Every apartment house hereafter constructed, reconstructed or converted shall provide a lot area per unit of not less than the following:
	4 Bedroom Unit	2,,000 square feet
	3 Bedroom Unit	1,700 square feet
	2 Bedroom Unit	1,400 square feet
	1 Bedroom Unit	1,100 square feet
	Every congregate living facility hereafter constructed, reconstructed or converted shall provide a lot area per occupant of not less than five hundred (500) square feet.
	Living floor area shall be not less than the following:
	2 Bedroom Unit	700 square feet
	1 Bedroom Unit	500 square feet
	Studio	320 square feet
	The Planning Commission and City Council may grant relief from the above guidelines upon a showing of good cause or due to unique circumstances and exceptional design.