Where variations presently exist from front yard setbacks as specified in each use district or where terrain features or lot configuration make it more desirable to alter the setback as called for in the use district, the Planning Commission may recommend a variance be permitted.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves provided that none of the above projections shall extend more than thirty (30) inches into a minimum yard and, provided further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard and existing open porches extending into the required yard shall not be enclosed.

An open fire escape may project into a required side yard not more than half the width of such yard but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

In any district, a detached accessory building, swimming pool, game court, patio may be built that does not occupy more than thirty percent (30%) of the back yard area.

All corner lots shall provide a sight distance triangle, the short leg of which shall be twenty (20) feet and the long leg of which shall be one hundred forty (140) feet measured along the curb line or edge of the pavement. Such area shall be and remain free of shrubbery, fences or other obstruction to vision more than two (2) feet in height measured from the roadway.

Obstructing intersection view — exceptions. The provisions of Section 415.010(D)(1) shall not apply to permanent buildings; public utilities poles; hedges trimmed to a height of less than two (2) feet; trees, the limbs of which are at all times kept trimmed of limbs and sucker growth on the trunk to a height of at least eight (8) feet or the limbs of which overhang the public street and are at all times kept trimmed of sucker growth to a height of at least thirteen (13) feet; plant species not planted in the form of a hedge which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; fences not placed in accordance with the zoning regulations of the City; provided that any such fence shall not restrict vision of traffic on any abutting street; supporting members appurtenant to permanent buildings existing on the publication date of this Code; official warning signs or signals; to places where the contour of the ground is such that there can be no cross visibility or signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction; and non-commercial signs constructed parallel with the base line which in the opinion of the Police Department do not obstruct the clean site zone. All heights herein mentioned shall be measured from the gutter grade at the apex of the clear zone triangle.

Obstructing intersection view — pre-existing violations not excepted. No obstruction to cross visibility shall be determined to be an exception from the application of this Article because of its being in existence on the publication date of this Code, unless expressly exempted by the terms of this Article.

Obstructing intersection view — notice, removal by property owner. When in the opinion of the Police Department an obstruction to visibility exists as prohibited herein, it shall be the duty of the Police Department to give notice in writing to the property owner or owners or occupants, provided that the notice shall specify in what manner a traffic hazard has been alleged to exist. The notice shall direct the removal by the property owner or owners of such structures, trees or other obstructions which constitute the traffic hazard. The property owner or owners shall be allowed ten (10) days in which to comply with the order, except obstructions of a temporary nature which shall be removed on notice.

Obstructing intersection view — removal by City. If within ten (10) days after the service of such notice, either by mailing or by personal delivery, the owner or owners of the lot or parcel of land have failed, refused or neglected to remove such obstructions, then the City shall cause to be removed such obstructions on the lot or pieces of land of the owner and the cost of such removal shall be assessed and charged against the lot or parcel of ground on which the obstruction was located and the City Clerk shall, at the time of certifying other City taxes, extend the same on the tax rolls of the County against the lot or parcel of ground and it shall be collected by the County Treasurer and paid to the City as other taxes are collected and paid.

Where Districts "C-O" through "M-1" abut a residentially zoned district, not less than a six (6) feet (6) high solid screen fence or wall will be erected along the abutting rear or side property lines which are common to the property zoned for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings. In addition to the fencing, sufficient landscaping, berming and plant material will afford a pleasing and softening variety so that the view is equally pleasant from the non-residential side. Where an equal fence exists on the abutting residential property, it will not be required on this property. Details shall be included in the landscape or construction plans.

All multi-family residential projects and all commercial, office, industrial or special use projects shall include on the site plan a detailed drawing of enclosure and screening method to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent masonry or frame enclosure shall be provided and maintained for each such bin.

In any district where a retaining wall is needed because of abrupt changes in the grade, planting and fencing shall form a protective barrier to prevent loss or injury.

Around a swimming pool, whether private or public, shall be a protective fenced enclosure not less than five (5) feet high including a locking gate which shall be locked at all times when the facility is unattended.

Around and about hazardous areas, holes, new construction, etc., whether temporary or permanently necessary to protect against intrusion, for control or to give a degree of privacy or whatever reason, to protect the public from a hazardous situation.

Where it is deemed necessary as a solution to a problem by the Planning Commission or Governing Body.

All roof-mounted mechanical equipment shall be screened on all sides to the extent that such equipment will not be seen from adjacent property or street at normal eye level. Such a screen shall be of a material that harmonizes with the building.

North point and scale.

Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

The location, sizes and surface of materials of all structures and parking areas.

The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscaping installation.

The location, type, size and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grade and condition shall be specified according to American Association of Nurserymen Standards.

The location, size and common name of all existing plant materials to be retained on the site.

Mature sizes of plant material drawn to scale and called out on plan by common name or appropriate key.

Location of hose connections and other watering sources.

The location of all trees twelve (12) inches caliper or larger measured at four and one-half (4½) feet above ground level on site that are proposed for removal.

To provide greenery to visually soften paved areas and buildings. To reduce energy consumption, enhance environmental well-being, make cool and inviting.

To establish desirable environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation and noise, glare and heat abatement.

To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to this region. Landscaping plans shall comply with Kansas State University Extension Office 10% rule, ensuring the future health of the landscape from infestation and disease epidemics in that no one (1) tree or variety of species should be more than ten percent (10%) of the total population.

To buffer and screen uncomplimentary land uses and enhance the quality and appearance over the entire site of the project.

Medium and large deciduous shade trees. Two (2) inch caliper as measured six (6) inches above the ground as specified by the American Association of Nurserymen.

Small deciduous or ornamental trees. Six (6) feet in height as specified by the American Association of Nurserymen, with the exception of true dwarf species.

Conifers. Five (5) to six (6) feet in height.

Upright evergreen trees. Six (6) feet in height as specified by the American Association of Nurserymen, except for true dwarf varieties.

Shrubs shall be of a size in keeping with the scale of the building and as approved by the Planning Commission.

Ground cover plants. Crowns, plugs, containers — in a manner as appropriate by species to provide fifty percent (50%) surface coverage after two (2) growing seasons.

Turf and native grass. Seeding as appropriate to provide complete coverage within the first (1st) growing season.

Sod. Except for single-family dwellings, all slopes of one (1) foot tall in four (4) feet horizontal distance or steeper and all turf areas within twenty (20) feet of a building and all areas within a public right-of-way shall be sodded.

Not less than six percent (6%) of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of parking spaces by two hundred seventy (270) square feet. Planting which is required along the perimeter of a parking lot shall not be considered as part of the interior landscaping requirement.

The landscaping and planting areas shall be reasonably dispersed throughout the parking lots.

The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to ensure proper growth. Each area shall be protected by Portland cement concrete vertical curbs or similar structures.

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.

In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as being free of mechanical injury and meeting the requirements in Section 415.090.

No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners or in the intersection of a public right-of-way that the traffic engineer determines is an obstruction to visibility, extends into sight lines as stated in Section 415.010 or is a traffic hazard.

Exception: If such park, school, college or church is established within one thousand (1,000) feet of any tobacco retailer or electronic cigarette retail establishment after the premises has been licensed for such, the premises shall remain an eligible location for said licensing as long as the premises remains in compliance with Subsection (B) below.