1. Any owner of land within the area annexed may apply for rezoning under the laws and procedures of the City, and as granted by KSA 12-756 and 12-757, after the effective date of annexation.

2. If property annexed before the effective date of this Title is rezoned to a City zoning district, all zoning requirements and regulations of the City take effect, and the regulations of the prior zoning jurisdiction terminate, within the annexed area.

1. See Section 18.20.500 (Use Matrix).

2. Properties zoned to the AG district in conjunction with annexation into the City’s corporate limits may continue operating or using the land for a land use not permitted in the AG district as a legal nonconforming use under Section 18.60.030.

3. Properties operating under a conditional use permit (CUP) approved under the jurisdiction of Johnson County may continue until expiration of the CUP or rezoning of the property, whichever occurs first.

1. There are no restrictions as to operation of agricultural vehicles and machinery that are used to raise or harvest products on the premises.

2. There is no restriction on the sale or marketing of products raised on the premises.

3. All buildings, structures or yards used to raise, feed, house or sell livestock or poultry must be located at least one hundred (100) feet from residentially zoned land.

4. Disposal of garbage, rubbish or offal is not permitted within three hundred (300) feet of residentially zoned land. This does not apply to normal household or business garbage pickup.

5. Where a lot or tract had less than the required minimum lot area in separate ownership on April 19, 1981, this ordinance does not prohibit the erection or alteration of a single-family dwelling.

6. Where development utilizing septic tanks is proposed, applicant must submit a septic tank suitability study in accordance with Section 18.30.260 at the time of filing the application for agricultural zoning. (Ord. 22-22 § 3, 2022; Ord. 19-56 § 3, 2019)

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Nonresidential structures taller than thirty-five (35) feet must be set back from all property lines a distance at least equal to their height.

3. Parking and paved area for nonresidential uses must be located outside the front, side and rear yards, except for driveway access.

4. Single-Family Detached Residences on lots less than seven thousand two hundred (7,200) square feet in size are subject to building design standards found in Section 18.15.020.G.

5. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 2, 2019; Ord. 16-20 §4, 2016; Ord. 15-16 §3, 2015)

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Nonresidential structures taller than thirty-five (35) feet must be set back from all property lines a distance at least equal to their height.

3. Parking and paved area for nonresidential uses must be located outside the front, side and rear yards, except for driveway access.

4. Guest parking in excess of minimum parking requirements is permitted in parking islands within enlarged cul-de-sacs. Required parking is not permitted within the guest parking islands. Guest parking islands must be built to meet all minimum standards of the City. Upon acceptance of the enlarged cul-de-sacs and guest parking islands by the City, they will be maintained in the same manner as all other public streets. In no case should boats, campers, recreational vehicles, trucks or inoperable vehicles be parked or stored in any guest parking islands. Any guest-parking island must be provided with landscaped areas at each end of the parking island. The landscaped areas must direct traffic and be provided with Portland cement concrete curbs.

5. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 3, 2019; Ord. 16-20 §4, 2016; Ord. 15-16 §3, 2015)

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Nonresidential structures taller than thirty-five (35) feet must be set back from all property lines a distance at least equal to their height.

3. Parking and paved areas must be located outside the front, side and rear yards, except for driveway access.

4. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 4, 2019; Ord. 15-16 §3, 2015)

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Nonresidential structures taller than forty (40) feet must be set back from all property lines a distance at least equal to their height.

3. Parking and paved areas must be located outside the front, side and rear yards, except for driveway access.

4. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 5, 2019; Ord. 15-16 §3, 2015)

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Projects must incorporate Site Design Category 3.

3. A commercial use may only be located:

4. Commercial uses are limited to corner locations that are designated on the development plan.

5. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

3. Setback and Sidewalk Encroachments

4. Off-Street Parking.

1.  Development in the O District is subject to the following dimensional standards:

2. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

3. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 7, 2019; Ord. 15-16 §3, 2015)

1. See Section 18.20.500 (Use Matrix).

2.  Residential uses are permitted in the C-1 district only if:

1. No more than one hundred twenty-five (125) percent of the required parking for a use may be provided on site.

2. Where visible from a street, parking lots must be screened by landscaping or street walls between three (3) and four (4) feet in height.

3. Off-street parking areas must be divided into parking modules not to exceed fifty (50) parking spaces.

4. A use may apply adjacent on-street parking toward the minimum parking requirements.

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

3. No merchandise will be stored or displayed outside a building, and no equipment or vehicle other than passenger vehicles will be stored outside a building.

4. Sale of merchandise from a vehicle or temporary structure is prohibited, except as provided for by a temporary sales and events permit or catering or food trucks as licensed by the City Clerk. (Ord. 19-64 § 8, 2019; Ord. 17-52 §§ 3, 41, 2017; Ord. 15-16 §3, 2015)

1. See Section 18.20.500 (Use Matrix).

2. Residential uses are permitted in the C-2 district only if:

1. No more than one hundred fifty (150) percent of the required parking for a use may be provided on site.

2. Where visible from a street, parking lots must be screened by landscaping or street walls between three (3) and four (4) feet in height.

3. Off-street parking areas must be divided into parking modules not to exceed fifty (50) parking spaces.

4. A use may apply adjacent on-street parking toward the minimum parking requirements.

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

3. No merchandise will be stored or displayed outside a building, and no equipment or vehicle other than passenger vehicles will be stored outside a building.

4. Sale of merchandise from a vehicle or temporary structure is prohibited, except as provided for by temporary sales and events permit or catering or food trucks as licensed by the City Clerk. (Ord. 19-64 § 9, 2019; Ord. 15-16 §3, 2015)

1. No more than one hundred fifty (150) percent of the required parking for a use may be provided on site.

2. Where visible from a street, parking lots must be screened by landscaping or street walls between three (3) and four (4) feet in height.

3. Off-street parking areas must be divided into parking modules not to exceed fifty (50) parking spaces.

4. A use may apply adjacent on-street parking toward the minimum parking requirements.

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

3. No merchandise will be stored or displayed outside a building, and no equipment or vehicle other than passenger vehicles will be stored outside a building.

4. Sale of merchandise from a vehicle or temporary structure is prohibited, except as provided for by temporary sales and events permit or catering or food trucks as licensed by the City Clerk. (Ord. 19-64 § 10, 2019; Ord. 17-52 §§ 4, 41, 2017; Ord. 16-20 §4, 2016; Ord. 15-16 §3, 2015)

1. No more than one hundred fifty (150) percent of the required parking for a use may be provided on site.

2. Where visible from a street, parking lots must be screened by landscaping or street walls between three (3) and four (4) feet in height.

3. Off-street parking areas must be divided into parking modules not to exceed fifty (50) parking spaces.

4. A use may apply adjacent on-street parking toward the minimum parking requirements.

1. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

2. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

3. No merchandise will be stored or displayed outside a building, and no equipment or vehicle other than passenger vehicles will be stored outside a building.

4. Sale of merchandise from a vehicle or temporary structure is prohibited, except as provided for by temporary sales and events permit or catering or food trucks as licensed by the City Clerk. (Ord. 19-64 § 11, 2019; Ord. 16-20 §4, 2016; Ord. 15-16 §3, 2015)

1.  Development in the BP District is subject to the following dimensional standards:

2. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

3. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 12, 2019; Ord. 15-16 §3, 2015)

1.  Development in the M-1 District is subject to the following dimensional standards:

2. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

3. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 13, 2019; Ord. 15-16 §3, 2015; Ord. 02-54 § 2, 2002)

1.  Development in the M-2 and M-3 Districts is subject to the following dimensional standards:

2. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

3. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130. (Ord. 19-64 § 14, 2019; Ord. 19-56 § 4, 2019; Ord. 15-16 §3, 2015)

1.  Development in the D District is subject to the following dimensional standards:

2. Where buildings or structures located in the same block on the same side of a street in the D District have front yards of greater or lesser depth than required by the district regulations, the Planning Official may require a similar setback for new buildings or structures constructed on the block.

3. See Chapters 18.30 (Development Standards) and 18.50 (Supplemental Use Regulations).

4. Setback requirements listed in the dimensional standards table are minimum requirements and may be required to be greater to accommodate landscape buffer requirements found in Section 18.30.130.

1. Primary entrances to buildings at ground level must face street rights-of-way rather than parking lots.

2. Primary building entrances must be oriented towards streets, parks or pedestrian plazas.

3. Each block face must have multiple building entries. A building occupying an entire city block must include more than one (1) building entrance along each block face.

4. The building façade must have three (3) vertical divisions: base, middle, and top. In buildings of three (3) stories or less in height, the top may be comprised of an ornamental cap or cornice rather than the articulation of an entire floor of habitable space.

5. The majority of the building(s) of a development must possess an architectural character that respects traditional design principles, such as:

6. Building walls facing a street, pedestrian walkway, or adjacent residential development must:

7. Buildings must employ a uniform level of quality on street-facing sides of the building that is visible from a neighboring area in the Downtown Mixed-Use zone.

8. An open colonnade may extend into the front setback a maximum of five (5) feet. An unenclosed balcony with a minimum clearance nine (9) feet above finished grade may extend five (5) feet over a public sidewalk. An awning or walkway covering with a minimum clearance of eight (8) feet above finished grade may extend five (5) feet over a public sidewalk.

9. Glass without coatings or tints must be used for all retail glazing. Highly reflective glass is not permitted at the ground level of building elevations that abut a street right-of-way.

10. Each multistory building must have one clearly identifiable entrance abutting the street. In addition to this entrance, a building occupying an entire city block must include at least one (1) other building entrance along each block face.

11. At least eighty (80) percent of the façade facing a street or public open space (not including windows, doors and their framing systems) must be composed of building materials required from Class 1, in Chapter 18.15.

12. Consistent architectural design and durable building materials must be continued on all façades adjacent to public streets and residential districts.

1. Off-street parking is not required in the D Downtown district.

2. Off-street parking must be located behind or to the side of buildings.

3. No more than one (1) commercial off-street parking area may be located in a block.

4. Surface parking areas must be screened from the street by low hedges or walls at least three (3) feet and up to four (4) feet in height.

5. Parking structures with exposed street frontage must not be oriented toward residential uses.

6. However, all multifamily and nonresidential sites, where a parking area or lot is part of a redevelopment for a final site development plan as approved by the Planning Commission, will have antique globe/coach style light poles and fixtures. The following actions are exempt from installing this style of light poles: a parking lot permit not part of a new final site development plan approval, administrative review process, routine maintenance, or new poles that are consistent with existing site light poles and fixtures.

1. Service areas and refuse storage areas will not front onto streets and public open spaces.

2. Service areas must be located to the rear or side of buildings, and screened from view from the street and/or public open space.

3. Ground-based mechanical equipment must be located away from property lines adjacent to public streets and mixed-use areas and screened from view at the street.

4. Refuse storage and pick-up areas must be combined with other service and loading areas.

5. Developments must provide access for service vehicles via alleys or parking lots.

1. Multifamily residential buildings must orient at least fifty (50) percent of the residential building’s active wall toward the downtown core or a collector street. An “active wall” is considered the side of the building containing the majority of the residential entrances and windows.

2. Primary entrances to residential uses at ground level must be oriented toward the public street rights-of-way rather than to parking lots. (Ord. 19-64 § 15, 2019; Ord. 17-52 §§ 5, 41, 2017; Ord. 09-36 §4; Ord. 02-54 §2, 2002)

1. Development and performance standards for the PD zoning district shall be established in development agreements approved at the time of zoning.

2. The following otherwise applicable zoning standards and regulations shall be established as part of rezoning application and preliminary development plans:

3. The submittal by the developer and the approval by the City of development plans is a firm commitment by the developer that development will comply with the approved plans.

5. Rule exceptions or waivers to the standards set forth in Chapter 18.68, Subdivision and Lot Splits, may be granted at the time of final development plan or final plat approval under the same conditions applicable to plat approvals.

1.  Rezoning to a TOD is subject to the procedures for the PD district (Section 18.20.220) and this section. The following areas are eligible for rezoning to a TOD district:

2. Transit Influence Area

1. Permitted Uses

The uses permitted in a TOD must be established in the development agreement approved with the TOD rezoning. Those uses are generally those permitted in the R-4, N, C-1, C-2, C-3 and O districts.

2. Prohibited Uses

The following uses are not permitted in a TOD:

1. Site Design

Site design must incorporate the Category 3 site design standards in the TOD-Core, and Category 3 or 5 site design standards in the TOD-Periphery.

2. Front Setback

The front setback must be established as follows, measured from the edge of the sidewalk:

3. Transit Orientation

All sites must orient their interior and on-site circulation to the closest adjacent bus shelter or transit station.

4. Pedestrian Access

New retail, office and institutional buildings within the Core subarea must provide for convenient pedestrian access to transit through the measures listed below:

1. Generally

Building design must conform to Chapter 18.15, Building Design Standards.

2. Commercial Buildings

Commercial buildings may designate the entire building area above the ground floor or the second floor for residential use.

1. Parking Supply

2. Parking Structures

Parking structures must have retail or residential uses along the first-floor building area that abuts a sidewalk.

1. The following standards do not apply to a TOD (see Section 18.30.130):

2. All other requirements of Section 18.30.130 apply to a TOD.

3. In order to provide a continuous pedestrian transition for residential neighborhoods and commercial areas, retail, service, or civic land uses must not be separated from multifamily or single-family land uses within the TOD by berms or buffers unless a trail or sidewalk is established that provides a direct connection between the uses.

1. Adequate Public Facilities Exemption

A TOD is not subject to the adequate public facilities standards requirements for road networks (see Section 18.30.040).

2. Street Design

Public and private streets must conform to the community design standards (see Section 18.30.220).

1. Development and performance standards for the PD zoning district shall be established in a development agreement approved at the time of zoning.

2. The following otherwise applicable zoning standards and regulations shall be established as part of rezoning application and preliminary development plans:

3. The submittal by the developer and the approval by the City of development plans is a firm commitment by the developer that development will comply with the approved plans.

4. The City Council may grant waivers from development requirements as provided for in Section 18.40.240 if it determines that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced.

5. Rule exceptions or waivers to the standards set forth in Chapter 18.30 may be granted at the time of such final development plan approval under the same conditions applicable to plat approvals.

1. The application is deemed to comply with the requirements for road networks if the proposed development:

2. For purposes of subsection 1 above, the addition of the first 30% of the existing floor area for multi-family dwelling units is deemed not to create additional off-site traffic if:

3. The application is deemed to comply with the requirements for stormwater management systems if the proposed development:

The following uses are prohibited in O, C-1, C-3 and BP districts:

1. Minimum lot area per dwelling unit requirements shall not apply to any lot, tract or parcel that was owned as a separate tract as shown by the last conveyance of record on November 20, 1949, and is not or has not been a part of a larger tract, or one (1) of two (2) or more contiguous tracts under the same ownership since that date.

2. Major or minor waivers or reductions from height and area requirements of the underlying zoning district may be permitted by the Planning Commission or Planning Official. The application for waiver or reduction will be reviewed by the Planning Official to determine its magnitude of change and review process. Waivers or reductions are classified into the following:

1. Application -- see Chapter 18.12.

2. No request for waiver or reduction shall be approved unless supported by the requisite findings as set forth in Section 18.52.050.

3. Planning Official denial of an application for waiver or reduction may be appealed to the Planning Commission by the applicant within thirty (30) days of the decision by the Planning Official. If the Planning Commission affirms the denial decision of the Planning Official, the applicant may appeal the decision to the Governing Body within thirty (30) days of the Planning Commission's decision. Otherwise all decisions of the Planning Official shall be deemed final.

4. Planning Commission denial of an application for waiver or reduction may be appealed to the Governing Body by the applicant within thirty (30) days of the decision. Otherwise, all decisions of the Planning Commission shall be deemed final.

1. That the waivers or restrictions are necessary in order for the proposed development or redevelopment to be compatible with the surrounding area.

2. That approval of the waiver or restrictions will not adversely impact the use or value of surrounding properties.

3. The approval of the waiver or reductions will not create a safety hazard for automotive and pedestrian traffic.

1. Appropriateness shall be considered, in most cases, to include evaluations of the following:

2. In addition to the above the following shall be addressed when applicable: