Olathe City Zoning Code

18.30 Development

Standards

18.30.010 Purpose

This chapter provides regulations for infrastructure, site design and layout to:

•protect the public health, safety and welfare of the City and its residents;

•guide public and private policy and action in providing adequate and efficient transportation, water, sewerage, drainage, schools, parks, recreation facilities and other public facilities and requirements;

•provide the most beneficial relationship between the uses of land and buildings;

•provide efficient, multi-modal circulation throughout the City, particularly in order to avoid congestion in the streets and highways, and to provide for the proper location and width of streets and building lines in accordance with the Major Street Map;

•establish reasonable standards of design and procedures for site plans, subdivisions and resubdivisions, in order to encourage the orderly layout and use of land;

•ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;

•prevent pollution of the air and waterways;

•encourage the wise use and management of natural resources throughout the City;

•preserve the natural beauty and topography of Olathe and to ensure appropriate development preserving natural features; and

•secure dedication of public improvements that conform to City standards, specifications and the Capital Improvement Program. (Ord. 19-74 § 2, 2019)

18.30.020 Applicability

This chapter applies to:

1. all zoning districts, and

2. unless otherwise provided, any application for:

a. subdivision plat approval,

b. site plan approval where this chapter was not previously applied to a subdivision plat approved for the subject property, or

c. building permit or certificate of occupancy where this chapter was not previously applied to a subdivision plat or site plan approved for the subject property.

1. The City Council may modify any provision of this chapter as a condition of rezoning to any “N “(Neighborhood), “BP” (Business Park), “D” (Downtown), “PD” (Planned Development), “TOD” (Transit Oriented Development), or “PR” (Planned Redevelopment) district.

2. The Planning Commission or Planning Official may modify any other provision of this chapter where specifically authorized in this Code.

3. Modifications are permitted if they are:

a. Consistent with the Comprehensive Plan, and

b. consistent with the public interest and will not place unnecessary burden on the City.

1. This subsection applies to any proposed subdivision that:

a. is a resubdivision, or

b. concerns an area presently having any or all of the improvements required by this chapter and Section 18.40.190 (Vacating Streets and Reservations).

2. An applicant subject to subsection 1 is not required to duplicate the existing improvements and may develop without further improvements if:

a. The improvements meet the requirements of this chapter and Section 18.40.190, and

b. Are in good condition, as determined by the City Engineer.

3. If the existing improvements do not meet the requirements of subsection 2, the applicant shall provide for the repair, correction or replacement of the improvements. This section does not require the applicant to provide off-site improvements, or on-site improvements that serve areas outside of the proposed development, to the extent that those improvements exceed the proportionate impacts of the proposed development.

18.30.030 General Provisions

1. The developer shall construct public improvements within the proposed development as provided in this chapter.

2. If the public improvements are not constructed before issuance of the building permit, then the developer shall submit performance and maintenance bonds prior to the issuance of the building permit and shall install the public improvements prior to the issuance of the certificate of occupancy.

3. No certificate of occupancy shall be granted until all public improvements are accepted by the City of Olathe. The Planning Official may waive or partially waive this requirement for a residential temporary certificate of occupancy, if the applicant demonstrates that occupancy without the required improvements during period preceding the permanent certificate of occupancy:

a. Will not pose a threat to the health and safety of the occupants or the general public, and

b. The waiver is justified by economic hardships that are unique to the applicant.

4. The improvements shall not be installed prior to proper recording of the final plat by the City.

5. All improvements installed by the developer shall comply with the Technical Specifications and Design Criteria for Public Improvement Projects manual.

Refer to section 18.94.

1. The following activities may be subject to state jurisdiction, requiring a permit, are covered by K.S.A. 24-126 and K.S.A. 82a-301 to 305a, and are subject to environmental coordination review as required by K.S.A. 82a-325 to 327 (the rules and regulations exempt channel changes and stream obstructions from the permit requirement if the drainage area is less than two hundred forty [240] acres):

a. Levee or floodplain fill project;

b. Channel change project;

c. Dam or stream obstruction project;

d. Public water main extensions.

e. Public sanitary sewer extensions.

f. Well closures/abandonment.

2. To obtain state permits, plans and applications must first be submitted to the City of Olathe for review for general conformance with City standards. They will then be forwarded to the Kansas State Board of Agriculture, Division of Water Resources for state review and approval. The City of Olathe cannot approve plans for construction that are under state jurisdiction until a state permit is obtained.

18.30.040 Adequate Public Facilities

Purpose: this section prevents the premature development of land which might pose a threat to the health, safety or general welfare of the community at large, or the occupants of land in a particular area of the City.

This section applies to any application for a special use permit, preliminary or final development plan or preliminary or final plat.

No application subject to this section shall be approved unless public facilities and services are available, or will be provided as a condition of the application, which are adequate to serve the development. The determination of the adequacy of public facilities and services is made in accordance with the criteria set out below.

The road network serving the site shall be capable of handling the increased traffic generated by the development. At a minimum, if the property does not abut a collector street or arterial containing a paved surface conforming to the standards established in the adopted Chapter 12.04 of the Municipal Code and the Street Improvement Policy, traffic from the site is subject to the following:

(1) Traffic must be able to travel to a collector or arterial conforming to those standards on a continuous system of temporary paved roadways.

(2) The temporary paved roadways must consist of hot mix asphaltic concrete pavement or overlay, or Portland cement concrete, and a minimum width of twenty-four (24) feet.

(3) Pavement thickness for the temporary paved roadways will be determined by a geotechnical report submitted to the city for approval by the City Engineer.

The City Council may require the creation of a benefit district for the improvement of nearby arterial streets to ensure that the road network is capable of handling present and future traffic caused by development in the area.

If a proposed subdivision abuts a public street or a proposed public street as indicated on the plat or the Major Street Map, and adequate right-of-way does not exist for the street or proposed street in accordance with the standards set forth in Chapter 12.04 of the Municipal Code, and subsection a above, or other right-of-way requirements established by a transportation corridor study, traffic analysis or area plan accepted by the City, the City Engineer shall make an individualized determination of the subdivider’s responsibility to dedicate to the City, without charge, the right-of-way that is necessary to provide conformity with indicated right-of-way requirements. The dedication shall be shown on the preliminary and final plat. Any determination to require dedication of right-of-way shall be based upon the existence of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, and the existence of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development.

The development must be served by a public sanitary sewer system. Sewer lines and sewage treatment plant capacity must be certified by the City Engineer, the City Utilities Coordinator or the Johnson County Wastewater District as being capable of handling the waste flows from the development. Exceptions to sanitary sewers (i.e., private sewage disposal systems) shall comply with Chapter 15.17, Plumbing Code of the Olathe Municipal Code.

The development must have access to a public water supply. Water lines must be certified by the City Engineer or the appropriate water district as being capable of serving the development. The lines are considered sufficient if they are constructed to the size shown in the most recent water study prepared by the City or the appropriate water district.

The development must have an adequate stormwater management system, consistent with Title 17 of the City Code. The proposed development shall use on-site or on-stream detention and natural drainage ways where practical. Storm drainage shall be carried by enclosed systems or open channels, as certified by the City Engineer.

Fire protection services shall be available to the development. Fire flows from water lines shall comply with Title 16 of the Municipal Code.

If adequate public facilities and services are not in place or scheduled to be constructed within one (1) year of the consideration of the application, the City may make approve the application subject to adequate facilities being provided as described in subsection D. In determining whether conditional approval is appropriate, the Planning Commission and the City Council shall consider the following factors:

1. The nature, extent and estimated cost of the required facilities or services.

2. The proposed method of providing the adequate facilities.

3. The extent to which other property owners would be required to share in the cost of the improvements.

4. Any public amenities to be provided by the development, such as the donation or dedication of land or improvements for public facilities or services including, but not limited to, water, sewers and streets.

An applicant may propose to provide adequate facilities as described in subsection B above, by either providing the facilities or services at their own expense or by agreeing with the City to fund all or a part of the cost of such improvements. The intent of the effect of either method shall be to offset fairly and equitably the timing of the costs of the improvements or any higher net public costs resulting from the impact of the development. In any computations of additional net public costs, the differences between otherwise anticipated public costs and development impact costs, and otherwise anticipated public revenue and development impact revenues shall be considered, among other factors. The Planning Commission or City Council may require expert determination and analysis of the development’s impact on public costs and revenues.

1. If an application does not establish adequacy of facilities and services as provided in subsection B above, and the applicant does not propose to provide the adequate facilities and services, the application may be approved with express findings that, due to the nature of the proposed development, the occupants of the development will not be endangered and the inadequacy of a particular facility or service will not pose a threat to the health, safety or general welfare of nearby properties or the community at large.

2. If a prior development application has established the adequacy of public facilities, or where the adequacy of public facilities is evident based upon the location of the property, the Planning Commission may waive the requirement that the applicant provide assurances of any or all public facilities or services as part of the application process. (Ord. 02-54 § 2, 2002)

When the City makes an individualized determination that a person is required to dedicate street right-of-way or other land for public purposes as a condition to approval of any permit or application, the applicant may appeal the requirement to the City Council within ten (10) days after the condition is imposed. On appeal, the burden is on the appellant to establish the lack of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, or lack of rough proportionality between the dedication requirement and the impacts created by the development.

18.30.050 Access Management and Driveways

1. Driveway entrances within the public right-of-way shall be constructed of concrete.

2. On local streets, each multifamily, commercial or industrial property is allowed at least one (1) driveway approach, but may have more if the total width of all driveway approaches on the property does not exceed twenty (20) percent of the length of the real property that fronts the abutting City street.

3. On service streets, collector streets, minor arterial streets, major arterial streets, and highways, driveway approaches and adjoining public streets are subject to the Access Management Plan.

The width of driveway approaches shall comply with the following:

Type of Use	Minimum Width (feet)	Maximum Width (feet)
Residential
Single-Family (one-car garage)	--	12
Single-Family (two-car garage)	--	22
Single-Family (three-car garage)	--	32
Two-Family (two, one-car garages)	=	24
Two-Family (two, two-car garages)	--	44
Multifamily	--	20% of frontage (see subsection A.2, above)
Commercial
Generally	28	35
With 4-foot raised median between entrance and exit lanes, up to 20% of length of real property abutting City street	28	52
One-way inbound lanes	16	Combined lane width may not exceed total maximum width, above
Outbound lanes	20
Industrial
Generally	28	65
One-way driveway	20	--

Driveway approaches are measured from back of curb and parallel to the center line of the street at the property lines for two (2) way driveway approaches.

If a private access drive intersects arterial, industrial, or collector roadways, then the developer or building must provide an outbound left turn, through and right turn lane unless the City Engineer waives the requirement.

All drive approaches near a street intersection will meet Access Management Plan requirements.

Commercial or industrial driveway approaches shall have a tangent length of at least twelve and one-half (12½) feet. The tangent length is measured between the curb return and the property line extended.

Driveways should either be aligned with existing or proposed driveways on the opposite side of the street or offset by a minimum distance of one hundred fifty (150) feet. If a driveway will align with an existing or planned driveway on the opposite side of the street, it should be designed so that its geometrics are compatible with those of the opposing driveway.

Zoning district:	Minimum turning radii:
Industrial (M-1, M-2, M-3)	25 feet
Commercial (N, O, C-1 to C-4, D, TOD, PR, PD), BP	15 feet

Driveways may be shared by adjacent property owners if a common driveway (ingress/egress) easement is filed and on record at the Johnson County Register of Deeds office.

All construction within right-of-way under the control or jurisdiction of the state of Kansas shall be reviewed and approved by the appropriate state agency prior to submittal of the plans to the City of Olathe. Plans submitted to the City of Olathe for review shall reflect all changes or corrections as required by that state agency and also outlined on the approved state permit. (Ord. 17-52 §§ 8, 41, 2017)

18.30.060 Block Layout

The lengths, widths and shapes of blocks shall conform to the applicable zoning district requirements as to lot sizes and dimensions and the standards established below.

The following apply to blocks located within a residential zoning district:

1. A block shall not exceed one thousand three hundred twenty (1,320) feet in length, unless:

a. the block is adjacent to a limited access highway or arterial street, or

b. the previous adjacent layout or topographical conditions justify a variation of this requirement.

2. Blocks shall have sufficient depth to provide for two (2) tiers of lots of appropriate depth, except in the case of blocks adjacent to arterial streets, railroads or waterways.

3. Blocks may be irregular in shape if they are harmonious with the overall pattern of blocks in the proposed subdivision and their design meets the requirements of lot standards, traffic flow and control considerations, and development plan requirements.

Blocks located within a non-residential or planned zoning district shall comply with the Access Management Plan. (Ord. 02-54 § 2, 2002)

Blocks located within a mixed use district (including the “N” Neighborhood, “D” Downtown and “TOD” Transit Oriented Development districts) shall not exceed an average of seven-hundred (700) feet in length.

18.30.065 Lots

1. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall comply with the applicable zoning district regulations and (for a rezoning) any conditions of zoning approval.

2. The Planning Commission may modify lot area and depth in accordance with the density provisions set out in the Unified Development Ordinance (UDO), Comprehensive Plan, and applicable corridor studies and plans.

3. A lot as used in this ordinance may consist of one (1) or more platted lots or tracts, or parts thereof. Platted lot means a portion of a subdivision intended as a unit for transfer of ownership or for development.

Where a zoning district requires a minimum net lot area, the lot area includes the area within all lot lines except for land dedicated as arterial street rights of way.

1. Minimum lot widths are established in the applicable zoning district.

2. Residential lots shall have sufficient width at the building setback lines to permit compliance with side yard and buffer requirements under the applicable zoning district regulations and this chapter. (Ord. 02-54 § 2, 2002)

Where lots front a cul-de-sac or curved street with a radius of two hundred (200) feet or less:

1. The minimum lot widths set forth in paragraph C above are measured at the front building setback line along an arc parallel to the right-of-way of the cul-de-sac or curved street.

2. The lots shall also be laid out so that their lot frontage, as measured on the arc of the right-of-way line, is at least fifty (50) percent of the required lot width measured at the building setback line and at least thirty-seven (37) feet measured on the arc of the right-of-way line.

Residential lots for single-family dwellings or duplexes:

1. shall not face existing or designated arterial streets,

2. shall not face collector streets unless required by unique topography or shape,

3. shall not have a driveway with direct access onto a designated arterial street,

4. if the lots are shown on a plat, the plat shall contain language prohibiting the construction of driveways onto designated arterial streets, and

5. shall be platted with extra depth of at least 5 feet where lots back up to an arterial or higher classification street.

Double frontage and reverse frontage lots are prohibited unless:

1. They are needed to separate residential development from a state highway, expressway, freeway, county highway or arterial street, and

2. Include a planting screen easement of at least fifteen (15) feet, across which there is no right of access.

Flag lots are prohibited in all subdivisions, except in conservation developments or planned districts where topography necessitates additional flexibility.

Corner lots shall have:

1. a minimum width of 70 feet to provide appropriate building setback from the orientation to both streets, and

2. a side yard of at least 20 feet on the street side.

1. Every residential lot shall front on a public or private street.

2. Every nonresidential lot shall front on a public or private street or have access to a public or private street by means of a public access easement to a point approved by the City.

Purpose: this subsection provides for an orderly transition from lower-density to higher density developments by providing an adequate transition between varying sizes of single- and two-family residential lots. This section offers several options to ensure that transitional development designs achieve a character and appearance comparable to the larger-lot subdivision.

This section applies to subdivisions in the R-1 and R-2 districts that adjoin existing, residential lots. These subdivisions may use any of the options set out in subsections 2 through 4 below to provide a transition between the existing subdivision and the new subdivision.

For purposes of this subsection, proposed subdivisions “adjoin” existing subdivisions if –

The subdivisions share a common boundary, or

The subdivisions are separated by a local or collector street. In this case, the street is considered the common boundary for purposes of this subsection.

Figure 18.30.065-2. Option 2: Yard Matching.
The rear yard widths of the proposed development may match the rear yard widths of the existing development (see Figure 18.30.065-3). If this option is used, the transitional lots must align the lot sizes and lot lines to the greatest degree possible to the lots at the edge of the existing subdivision to the extent possible.

Figure 18.30.065-3. Option 3: Buffer.
A buffer along the immediately adjacent developed subdivision may be established. The buffer minimum width is 60 feet or one-half of the average minimum lot depth of the adjoining developed property, whichever is greater (see Figure 18.30.065-2). The buffer may include:
Common open space for the proposed subdivision, and may include paths, trails or other subdivision amenities, or
Landscaping along collector streets (see Section 18.30.130.H), or
A Class “4B” buffer (see Section 18.30.130.J).

(Ord. 15-16 §3, 2015)

18.30.070 Building Design Standards

(Ord. 19-64 § 18, 2019; Ord. 15-16 §3, 2015)

18.30.080 Easements

Utility easements must be provided where a public or private utility is required by this chapter.

The utility easements must be adjacent to the existing and/or proposed right-of-way, and be centered on rear or side lot lines.

Utility easements must be at least fifteen (15) feet wide when dedicated for a City utility, or ten (10) feet wide when dedicated for any other utility placement. A sanitary or drainage easement, which is combined with another utility for a dual-purpose easement, must be at least twenty (20) feet wide. However, the City Engineer may increase or decrease the required easement width where required by local conditions and pipe size.

The utility easements must be dedicated to the City of Olathe or to the utility provider for their intended purpose.

See Section 18.30.050.E.

If a subdivision is traversed by a watercourse, drainage way, channel, stormwater infrastructure, stream or the regulatory floodplain, then a storm water easement must be provided.

a. The easement must conform substantially to the lines of the watercourse.

b. The easement must have sufficient width and construction to provide adequate storm water drainage and maintenance access.

c. Drainage easements must be a minimum of fifteen (15) feet for enclosed structures and twenty (20) feet for open (paved or grass lined) channels where they cross private property. The City Engineer may adjust the required width where needed to comply with subsection b, above.

a. Drainage easements must be separate from utility easements.

Recreational easements are required where parks or open space areas on plats are public, part of a public park or open space, or provide a connecting link to public recreational use areas such as lakes, parks and multi-purpose trails.

Public utility easements must be provided when necessary and be adjacent to the proposed right-of-way. The minimum width must be at least ten (10) feet wide and dedicated to the City of Olathe for the purpose of placing water and sanitary sewer lines. (Ord. 19-74 § 3, 2019; Ord. 10-57 § 3; Ord. 02-54 § 2, 2002)

18.30.090 Erosion and Sedimentation Control

Purpose: this section governs earthwork or the movement of land, excavation or disturbance of soil, which could result in erosion during construction activities. It controls erosion, sedimentation and earth, soil or rock removal and dust problems which result in damage to or loss of topsoil and sedimentation that affects the quality of runoff or the capacity of storm sewers, drainage channels, streams and structures or adversely affect adjacent properties. Erosion Control Standards are set forth in Title 17 (17.14 Erosion and Sediment Control).

The City Engineer shall adopt and maintain a compendium of erosion and sedimentation controls, establishing minimum standards to avoid or control potential environmental problems resulting from the movement of earth, resculpturing of the land during or subsequent to development. The standards shall be set forth in the City’s Technical Specifications and Design Criteria manual.

This section applies to any application for a public improvement or building permit involving new or existing structure construction and involving substantial earthwork, land excavation or disturbance of soil. This includes new single-family residential construction.

1. A permit from the City Engineer is required before any land modification occurs.

2. The permit shall include a soil erosion control plan meeting the applicable standards.

3. The application for permits shall be submitted on forms provided by the City.

4. Stormwater permits may be required as set forth in Title 17 (17.12 Bonds, Maintenance Assurances, and Stormwater Permits).

For any violation, including the failure to properly install or maintain soil erosion control devices, the City Engineer may revoke the permit or to stop work on any development, building or structure on any land in accordance with Title 17. (Ord. 05-49 § 2; Ord. 02-54 § 2, 2002)

18.30.100 Floodplains

Purpose: This chapter promotes the public health, safety, and general welfare; minimizes those losses described in Section 18.50.020 B; establishes or maintains the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and meets the requirements of 44 CFR 60.3(d), KSA 19-101 and 19-2956 and K.A.R. 5-44-4 by applying the provisions of this chapter to:

•Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;

•Require uses vulnerable to floods, including public facilities that serve those uses, be provided with flood protection at the time of initial construction;

•Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard;

•Control floodplain uses such as fill, dumping, storage of materials, structures, buildings and any other work which acting alone or in combination with any other existing or future uses will cause damaging flood heights and water velocities by obstructing flows and reducing channel storage; and

•Assure that eligibility is maintained for property owners in Olathe to purchase flood insurance in the federal flood insurance program.

1. The special flood hazard areas of the City of Olathe, Kansas, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

2. These flood losses are caused by

a. the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and

b. the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

The Flood Insurance Study (FIS) that is the basis of this chapter uses a standard engineering method of analyzing flood hazards, which consists of a series of interrelated steps.

1. Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this chapter is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this chapter. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated August 3, 2009 as amended, and any future revisions thereto.

2. Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

3. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

5. Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

This chapter shall apply to all lands within the jurisdiction of the City of Olathe, Kansas identified as numbered and unnumbered A Zones, AE, AO, and AH Zones, on the Index Map dated August 3, 2009 of the Flood Insurance Rate Map (FIRM) as amended and any future revisions thereto and all lands adjacent to the fully developed floodplain for the 100-year design storm for flows with a contributing watershed greater than one hundred and sixty (160) acres. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Floodplain Administrator under such safeguards and restrictions as the Floodplain Administrator may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in subsections E through L, below.

No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. However, where other chapters or ordinances of the City or other state and federal laws and regulations impose stricter restrictions, the provisions of the strictest section shall prevail. All other chapters inconsistent with this chapter shall not apply to the extent of the inconsistency only.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create a liability on the part of the City of Olathe, any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made there under.

If any section; clause; provision; or portion of this chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this chapter shall not be affected thereby.

When interpretation is needed for preparation of a development plan, the boundaries of the floodway and floodway fringe overlay districts shall be determined by reviewing the Flood Insurance Study, the FIRM, or other available data. Where interpretation is needed as to the exact location of the boundaries of the districts, the Floodplain Administrator shall make the necessary interpretation based upon data available. The Floodplain Administrator shall maintain the FIRM, Flood Insurance Study and other engineering studies relating to flood data. In such cases where the interpretation is contested, the Federal Emergency Management Agency (FEMA) will resolve the dispute. The owner of property of which the regulatory flood elevation is in question shall be given a reasonable opportunity to present his/her case to the Floodplain Administrator and to submit his/her own technical evidence, if he/she so desires.

The City Engineer shall designate a Floodplain Administrator who is hereby appointed to administer and implement the provisions of this chapter.

A floodplain development permit is required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in subsection C.1. No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

Duties of the Floodplain Administrator shall include, but not be limited to:

a. Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;

b. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;

c. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

d. Issue floodplain development permits for all approved applications;

e. Notify the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;

f. Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;

g. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in areas covered by this chapter;

h. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed in areas covered by this chapter; and

i. When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect registered in the state of Kansas.

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

a. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

b. Identify and describe the work to be covered by the floodplain development permit;

c. Indicate the use or occupancy for which the proposed work is intended;

d. Indicate the assessed value of the structure and the fair market value of the improvement;

e. Specify whether development is located in designated flood fringe or floodway;

f. Identify the existing base flood elevation and the elevation of the proposed development;

g. Give such other information as reasonably may be required by the Floodplain Administrator;

h. Be accompanied by plans and specifications for proposed construction that meet the requirement of both this section and City’s design criteria; and

i. Be signed by the permittee or authorized agent who may be required to submit evidence to indicate such authority.

j. Give additional information as may be required by the Floodplain Administrator such as:

(1) A plan prepared by a registered engineer in the state of Kansas which includes typical valley cross sections and profiles showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be affected by the proposed development, and elevation of the fully developed 100-year flood.

(2) Plan: surface view, showing elevations or contours of ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, and other data that will assist the Floodplain Administrator to make a determination of flooding.

1. No permit for floodplain development shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied.

2. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this section. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.

3. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

4. All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b. Construction with materials resistant to flood damage;

c. Utilization of methods and practices that minimize flood damages;

d. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

e. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and

f. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

(1) all such proposals are consistent with the need to minimize flood damage;

(2) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(3) adequate drainage is provided so as to reduce exposure to flood hazards; and

(4) all proposals for development will include within such proposals base flood elevation data.

a. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning.

A structure, or the use of a structure or premises that was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this chapter, may be continue subject to the following conditions:

a. If such structure, use, or utility service is discontinued for twenty-four (24) consecutive months, any future use of the building shall conform to this chapter.

b. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

a. Any grading changes within the area estimated to be inundated by the 100-year flood, or alterations, modification or relocations of a watercourse within the jurisdiction of the Division of Water Resources, Kansas Department of Agriculture rules and regulations, as authorized by K.S.A. 24-126, and any subsequent revisions thereof, shall insure that the water carrying capacity is maintained. The plans for such changes, modification, alterations or relocations shall be submitted to and approved by the Division of Water Resources, Kansas Department of Agriculture, concurrent with City approval.

Earthen fill used to raise the ground above the flood elevation must be placed properly so that it does not erode or slump when water rises. Floodplain fill shall:

(1) Have no adverse impact on adjacent properties or the capacity of channels, floodways or any other drainage system;

(2) Be contoured to drain properly and extend beyond the structure enough to provide acceptable access.

(3) Be clean soil or rock material free of trash and woody or organic material.

(4) Be compacted to provide necessary stability and resistance to erosion, scouring or settling.

(5) Fill slopes exposed to flood waters shall be protected from erosion by vegetation or armoring depending upon anticipated water velocity.

Subdivision proposal and other proposed new development, including manufactured homes parks or subdivision, are required to assure that:

a. All such proposals are consistent with the need to minimize flood damage;

b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;

c. Adequate drainage is provided so as to reduce exposure to flood hazards; and

d. Proposals for development (including proposals for manufactured home parks and subdivisions) include within such proposals the regulatory flood elevation.

All construction, improvement, development shall comply with all applicable best engineering practices and standards, and with the City’s Technical Specifications and Design Criteria for Public Improvement Projects manual.

All hazardous material storage and handling sites shall be located out of the special flood hazard area.

A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into compliance with this subsection E which requires elevation of residential structures to two (2) feet above the base flood elevation or the elevation/floodproofing of non-residential structures to two (2) feet above the base flood elevation.

Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this chapter; and a floodplain development permit has been issued.

In all areas identified as numbered and unnumbered A zones, AE, and AH Zones, where base flood elevation data have been provided, as set forth in this subsection F, the following provisions are required:

New construction or substantial-improvement of any residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basements as well as utilities, mechanical and HVAC equipment servicing the building, elevated a minimum of two (2) feet above base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basements as well as utilities, mechanical and HVAC equipment servicing the building, elevated a minimum of two (2) feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to a minimum of two (2) feet above the base flood elevation. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. The certification shall be provided to the floodplain administrator as set forth in subsection D.3.g, h, and i.

3. Require, for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

b. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

All structures, manufactured (mobile) homes, manufactured (mobile) home parks, manufactured (mobile) home subdivisions, manufactured (mobile) home sales and display areas, and recreation vehicles storage or sale areas within the 100-year floodplain shall be prohibited.

Located within the areas of special flood hazard as described in subsection C.1 are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

a. All new construction and substantial-improvements of residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).

b. All new construction and substantial-improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two (2) feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

a. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in subsection F.

b. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

Located within areas of special flood hazard established in subsection C.1 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

1. The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

2. The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

3. If subsection I.2, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsections E through L.

4. In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in subsection E.2.

The fully developed floodplain is the area located within the area having a drainage area greater than one hundred sixty (160) acres that is likely to be flooded in a 100-year design storm based upon the watershed being fully developed.

New construction and substantial-improvements of residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of two (2) feet above the fully developed 100-year base flood elevation. The elevation of the lowest floor elevation shall be certified by a licensed land surveyor or professional engineer and submitted to the City of Olathe.

All new construction and substantial-improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor elevation, including basement, elevated a minimum of two (2) feet above the base flood elevation, or together with attendant utility and sanitary facilities, be floodproofed to a minimum of two (2) feet above the base flood elevation. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor elevation shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the Floodplain Administrator as set forth in subsection D.3.g, h and i.

3. Require, for all new construction and substantial-improvement that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

4. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

An elevation certificate shall be submitted to the City of Olathe for all construction adjacent to any floodplain. The elevation certificate shall meet the requirements of FEMA and this chapter.

For the floodproofing of nonresidential structures, applicants shall provide a certification by a Kansas licensed professional engineer or architect that the floodproofing plans are adequate to be water tight with walls impermeable to the passage of water and can withstand the hydrostatic and hydrodynamic forces associated with the 100-year design storm flood event.

The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter. All requests for appeals and variances shall follow the procedures established in Chapter 18.40 of the Unified Development Ordinance (“UDO”).

a. Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Board of Zoning Appeals.

b. The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

Any person aggrieved by the decision of the Appeal Board or any person may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760.

In passing upon such applications for variances, the Board of Zoning Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this chapter, and the following criteria:

a. Danger to life and property due to flood damage;

b. Danger that materials may be swept onto other lands to the injury of others;

c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. Importance of the services provided by the proposed facility to the community;

e. Necessity to the facility of a waterfront location, where applicable;

f. Availability of alternative locations, not subject to flood damage, for the proposed use;

g. Compatibility of the proposed use with existing and anticipated development;

h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. Safety of access to the property in times of flood for ordinary and emergency vehicles;

j. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site, and

k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.

a. Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items b through f below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

b. Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided the proposed activity will not preclude the structure’s continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.

c. Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.

d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Variances shall only be issued upon:

(1) showing of good and sufficient cause,

(2) determination that failure to grant the variance would result in exceptional hardship to the applicant,

(3) determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or chapters, and

(4) determination that the granting of the variance will not conflict with any stricter restriction set out in any other chapters or ordinances of the City.

f. The Floodplain Administrator shall notify the applicant in writing that:

(1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and

(2) such construction below the base flood level increases risks to life and property.

g. Such notification shall be maintained with the record of all variance actions as required by this chapter.

a. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in subsections 4 and 5 of this section.

b. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed:

(1) All agricultural structures considered for a variance from the floodplain management regulations of this section shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

(2) Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Subsection E.4.b of this section.

(4) The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Subsection E.4.a of this section. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

(5) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood-proofed so that they are contained within a watertight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with Subsection E.4.d of this section.

(6) The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Subsection F.1.c of this section.

(7) The agricultural structures must comply with the floodplain management floodway encroachment provisions of Subsection I.2 of this section. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one percent annual chance flood event, also referred to as the 100-year flood.

(8) Major equipment, machinery, or other contents must be protected from any flood damage.

(9) No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

(10) A community shall notify the applicant in writing over the signature of a community official that:

(a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and

(b) such construction below the base flood level increases risks to life and property.

(11) Such notification shall be maintained with the record of all variance actions as required by this chapter.

(12) Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

Penalties shall be established in Chapter 18.70 of the UDO. Any person who violates this chapter or fails to comply with any of its requirements shall, in addition, pay all costs and expenses. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this chapter are in compliance with the NFIP regulations.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this section its most reasonable application.

"100-year Flood" see "base flood."

"Accessory Structure" means the same as "appurtenant structure."

"Actuarial Rates" see "risk premium rates."

"Administrator" means the Federal Insurance Administrator.

"Agency" means the Federal Emergency Management Agency (FEMA).

"Agricultural Commodities" means agricultural products and live-stock.

"Agricultural Structure" means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.

"Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

"Appurtenant Structure" means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.

"Area of Shallow Flooding" means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means any area of the structure having its floor subgrade (below ground level) on all sides.

"Building" see "structure."

“Chief Engineer” means the chief engineer of the division of water resources, Kansas Department of Agriculture.

"Chief Executive Officer" or "Chief Elected Official" means the official of the community who is charged with the authority to implement and administer laws, chapters, and regulations for that community.

“City” means the City of Olathe, Kansas.

"Community" means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

"Elevated Building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

"Eligible Community" or "Participating Community" means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

“Encroachment” means any kind of fixture, such as a fence or structure, which intrudes into or invades or encloses a portion of the floodplain area.

"Existing Construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

•the overflow of inland waters;

•the unusual and rapid accumulation or runoff of surface waters from any source; and

•the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item 1.

"Flood Boundary and Floodway Map (FBFM)" means an official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

"Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

"Flood Elevation Study" means an examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations.

"Flood Fringe" means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.

“Flood Hazard Map” means the document adopted by the governing body showing the limits of:

•the floodplain;

•the floodway;

•streets;

•stream channel; and

•other geographic features.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

"Flood Insurance Study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

"Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water from any source (see "flooding").

"Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

"Floodplain Management Regulations" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain and grading chapters) and other applications of police power. The term describes such state or local regulations, in any combination thereof that provide standards for the purpose of flood damage prevention and reduction.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

"Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps.

"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

“Fully Developed Floodplain” means a fully developed floodplain district which is defined as an area located within the area having a drainage area greater than one hundred and sixty (160) acres that is likely to be flooded in the 100 year design storm event.

"Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic Structure" means any structure that is

•listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

•individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

•individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either

by an approved state program as determined by the Secretary of the Interior or

directly by the Secretary of the Interior in states without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this chapter.

"Manufactured Home" means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Map" means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

"Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and equitable value under normal local market conditions.

"Mean Sea Level" means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

"New Construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

"(NFIP)" means the National Flood Insurance Program (NFIP).

"Participating Community" also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.

“Permit” means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as:

•the site plan;

•an elevation certificate; and

•any other necessary or applicable approvals or authorizations from local, state or federal authorities.

"Person" includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, less land value, is above ground.

“Reasonably Safe From Flooding” means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

"Recreational Vehicle" means a vehicle which is

•built on a single chassis;

•400 square feet or less when measured at the largest horizontal projections;

•designed to be self-propelled or permanently able to be towed by a light-duty truck; and

•designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Remedy A Violation" means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.

"Risk Premium Rates" means those rates established by the Administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

"Special Flood Hazard Area" see "area of special flood hazard."

"Special Hazard Area" means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.

"Start of Construction" includes substantial-improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"State Coordinating Agency" means the Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.

"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

"Substantial-Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial-Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial-damage," regardless of the actual repair work performed. The term does not, however, include either

any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.

"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain riverine areas.” (Ord. 09-38 § 2)

18.30.110 Height

1. The “height” of a building or structure is the vertical distance from:

a. The average ground level abutting a building or structure to either the:

(1) Highest point of a building or highest point of any permanent part of a structure other than a building;

(2) Highest point of the coping of a flat roof;

(3) Highest point of a mansard roof; or

(4) Average height level between the eaves and ridge line of a gable, hip, or gambrel roof.

2. Height, where not regulated in feet, is regulated by stories. A story is equal to twelve (12) feet measured vertically for purposes of measuring structures.

The following projections are exempt from zoning district height limits to the extent established below:

Chimneys (residential only), belfries, spires, church steeples, monuments and other ornamental towers and features are exempt from the district’s height restrictions. However, water towers, smoke stacks and other accessory towers shall comply with the district's height restrictions.

Radio, television or microwave towers, not including freestanding towers, exceeding sixty (60) feet in height which are located on or within a structure and entirely screened from view.

Parapet walls and false mansards shall not extend more than six (6) feet above the roof or the applicable height restrictions within that district, whichever is more restrictive.

In any district, public or semi-public buildings that are not permitted by right, such as hospitals, churches and schools, either public or private, may be erected to a height of up to seventy-five (75) feet. These structures shall be set back from all property lines a distance equal to at least their height.

NOTE: Regulations regarding airports are in a separate process with Johnson County, Olathe, Overland Park and Gardner. Upon agreements with those jurisdictions, separate public hearings regarding airport regulation are required. (Ord. 17-52 §§ 9, 41, 2017; Ord. 09-36 § 6; Ord. 02-54 § 2, 2002)

18.30.120 Improvements- Completion and Maintenance

The construction of public improvements to be dedicated to the City shall be guaranteed as provided in this section. Private site improvements are subject to this section where specifically required by this chapter.

⇔For surety requirements for stormwater management and erosion and sedimentation controls, see Section 18.30.210 and Title 17 of the Municipal Code. Assurances for master landscape/fencing plans are addressed in Section 18.30.130.H. Assurances for street trees are addressed in Section 18.30.130.G.

Assurances shall be made in the form of:

1. performance bonds,

2. irrevocable letters of credit, or

3. the creation of a benefit district.

1. Performance, Maintenance and Statutory bonds and letters of credit shall be submitted before the issuance of the building permit for the first lot in the subdivision or the time construction plans are submitted for approval, whichever occurs earlier.

2. The developer may submit separate bonds or letters of credit from contractors for applicable public improvements, including streets, storm sewers and drainage systems, sanitary sewers and water distribution systems.

3. The bond(s) or letters of credit shall be to the favor of the City.

4. The amount of the bond(s) or letter(s) of credit shall be for the full cost of the improvements.

5. The bonds or letters of credit shall remain in effect for two (2) years from the date of acceptance by the City Council.

6. Separate bonds may be presented for separate improvements as defined by the City Engineer.

7. The bonds or letters of credit shall be properly executed prior to any grading or construction and shall be released upon written approval of the City Engineer.

8. No building permit shall be issued for a lot or tract in a subdivision which abuts a public improvement for which a bond or letter of credit has not been furnished.

9. No occupancy permit shall be issued for any building in a subdivision until a project completion certificate is issued by the City Engineer.

As an alternative to providing performance and maintenance bonds to assure the construction of public improvements, the developer may present a petition to the City Council to create a benefit district as a means of guaranteeing the installation of public improvements. This alternative is allowed only if:

1. The petition is presented on forms secured from the City Benefit District Coordinator or on forms otherwise acceptable to the City Attorney.

2. The petition must be valid under the applicable Kansas statutes.

3. The petition must be approved by the Governing Body.

4. The Governing Body must initiate and adopt a resolution for the improvement concurrent with the petition for approval, or as soon after that time as is provided by law. The subdivider shall bear the cost of the publishing the resolution.

5. The City Clerk shall record the resolution with the Register of Deeds.

1. The applicant must complete trails and other required subdivision improvements (including pools and clubhouses) along public and private streets and in common areas for the approved phase prior to commencing construction on the next phase of development. If the improvements cannot be constructed prior to the next phase of construction, a financial guarantee is required for all improvements that are not constructed or planted. The guarantees will be submitted prior to any building permit being issued for the next phase of development. The amount of the guarantee is determined by the Planning Official.

2. For the final phase of all residential developments, financial guarantees are required for all trails, landscaping and other required subdivision improvements (including pools and clubhouses). The amount of the guarantee is determined by the Planning Official. Those guarantees are required prior to the first building permit being issued for the final phase. (Ord. 10-57 § 6; Ord. 06-85 § 1; Ord. 02-54 § 2, 2002)

18.30.130 Landscaping, Buffers and Screening

This chapter protects and preserves the appearance, character, health, safety and welfare of the City. Specifically, these regulations:

•Preserve and protect existing vegetation and trees;

•Maintain and improve environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge and decreased stormwater runoff;

•Abate noise, glare and heat;

•Encourage the use of xeriscaping and environmentally sustainable design/principles; and

•Improve the aesthetic quality and appearance of developed properties by establishing minimum landscaping, buffering and side design standards.

1. This section applies to any final site development plan or building permit.

2. This section does not apply to:

a. Agricultural uses in the “A” Agriculture district.

b. Any development in the “D” Downtown district.

1. All land area subject to a final site development plan and issued a building permit, which is not paved or covered by buildings, must be brought to finished grade and planted with turf, native grasses, or other appropriate ground covers.

2. The American Standard for Nursery Stock (see Technical References in Chapter 18.90) applies to any technical landscaping term not already defined in this title.

3. The Planning Official will maintain/update the following preferred lists in order to meet City landscaping standards: trees and shrubs; street trees; and prohibited trees and shrubs.

4. Development constraints and conditions vary greatly among sites. The Planning Official may therefore approve landscape plans that deviate from strict compliance with this section, including the applicability of any subsection to a particular development, if the purpose and intent of this section (including any subsection) are met. Any proposed deviation must be clearly identified on the proposed landscape plan, which will be accompanied by a written description of the proposed deviation(s) and an explanation of how the purpose and intent of this section (including any subsection) are met by the proposed revised landscape plan.

5. If landscaping is not installed, maintained and replaced as needed to comply with the approved plan and/or building permit plans, the owner and its agent or agents are considered in violation of the terms of the certificate of occupancy.

All plans submitted in support of a final site development plan or building permit must include a landscape plan sealed by a landscape architect licensed to practice in the state of Kansas. The Planning Official may waive this requirement for smaller projects such as expansions, renovations, and sign installations. The landscape plan must include the information required by Chapter 18.94.

All landscape materials must be installed in accordance with the current planting procedures established by the most recent edition of the American Standard for Nursery Stock.

a. Landscape design and species must be used to create visual continuity throughout the development.

b. Landscape coordination must occur among all phases of the development area.

c. Trees, shrubs and other landscaping materials depicted on the approved final site development plans are considered site improvements in the same manner as parking, building materials and other details.

d. A variety of different species (including both deciduous and evergreen species) will be incorporated into the site design to provide visual interest, as well as disease and pest resistance.

e. At least one-third (⅓) of the plantings must be evergreen species.

f. Plant materials must be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

g. Earthen berms and existing topography will, whenever practical, be incorporated into the landscape treatment of a site.

h. Required landscape plantings must be coordinated with the location of utilities, driveways and traffic sight distance triangle areas.

i. Trees must not be placed within public utility easements, but within adjacent areas that do not conflict with such public easements and meet site landscaping requirements.

j. Planting design will coordinate the locations of trees to allow access to utilities with minimal disruption to the trees and their supporting root systems, while avoiding increased service costs to the utilities.

3. The Planning Official may approve exceptions to the location and spacing of trees to accommodate the location of public utilities.

4. Any area of a site not intended for a specific use, including a commercial pad site intended for future development, must be seeded unless retained in its natural state. In all cases the site will be maintained.

5. Vegetative stabilization and management techniques must be used at a site after construction is completed. The applicant must protect disturbed areas from any unnecessary run-on of stormwater from adjacent sites.

The Planning Official will publish a comprehensive list of approved planting materials (the “approved species list”), and nuisance species or prohibited plants that are prohibited in required landscape areas. The applicant will select planting materials corresponding with the approved species list. The Planning Official may approve a landscape plan with species not shown on the approved species list if:

a. The species are comparable in appearance and durability to the approved species; and

b. Are normally grown in northeastern Kansas, or are adaptable to the climate and growing conditions of northeastern Kansas and are not invasive.

Minimum planting specifications are:

Category	Specifications
Deciduous shade trees	2½- to 3-inch caliper measured 6 inches above ground
Evergreen trees	6 to 8 feet in height
Small deciduous or ornamental trees	1- to 1½-inch caliper measured 6 inches above ground. For multi-trunk clusters (3 or more trunks) the smallest trunk will be at least ¾ inch.
Deciduous and Evergreen Shrubs	24-inch-high plant size. Spacing from 3 to 5 feet apart depending upon species. Native plants should use the largest size available in the area. The seed stock for native plants must be grown within a 200 mile radius of the job site.
Ground cover plants	Ground cover will be planted in a number as appropriate by species to provide 50 percent surface coverage.

a. Turf will be used where necessary to provide coverage and soil stabilization.

b. Seeding may be approved in lieu of turf at the time of final site development plan approval by the Planning Commission, or, in the case of plats, by the Planning Official.

a. Native vegetation and drought resistant plant material will be used wherever possible.

b. If native vegetation or drought resistant plant materials are not used, then an irrigation system must be installed to provide water during a three (3) year establishment period.

c. Native vegetation and xeriscape plants may exceed the height limit for vegetation provided in Section 6.09.050 of the municipal code.

d. Xeriscape landscape practices are allowed as a way to minimize the need for supplemental watering. The following techniques must be used where possible:

(1) Using plant materials with lower moisture requirements;

(2) Selecting plants on the basis of specific slope, aspect, soil and micro climate conditions;

(3) Using native and adapted plant species;

(4) Minimizing the amount of irrigated turf area;

(5) Planting and designing slopes to minimize runoff, using terracing in lieu of a consistent slope, where possible;

(6) Separating irrigation zones according to plants’ water requirements to reduce evaporation;

(7) Emphasizing soil improvement by conserving topsoil, deeply loosening soil and incorporating organic matter and amendments based on soil tests;

(8) Using mulch in planting areas to reduce weed growth, promote soil cooling and reduce evaporation.

a. After the landscape plan is approved and before planting occurs, the Planning Official may approve comparable substitute planting materials if:

(1) The approved plants and landscape materials are not available at the time that installation is to occur, or

(2) Other unforeseen conditions prevent the use of the exact materials shown on the approved landscape plan.

b. If the substitute planting materials are on the approved species list, no new landscape plan is required.

c. A new landscape plan is required if the substitute planting materials are not on the approved species list. The applicant is not required to resubmit any other applications related to the landscaping plan (such as a site development plan or rezoning). The Planning Official may approve, approve with conditions, or deny the landscape plan. The applicant may appeal this decision to the City Manager.

1. The developer, its successor and/or subsequent owners and their agents will maintain landscaping on the property on a continuing basis for the life of the development.

2. Plant materials which exhibit evidence of insect pests, disease and/or damage must be appropriately treated. Dead plants must be promptly removed and replaced.

3. All landscaping is subject to periodic inspection by the Planning Official or designee.

4. The property owner will maintain landscape areas in good condition and in a way that presents a healthy, neat and orderly appearance. This maintenance must include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, in accordance with acceptable horticultural practices.

5. The City may cause removal of any dead or diseased trees, plants and shrubs on private property within the City, when those trees, plants and shrubs constitute a hazard to life and/or property or harbor insects or disease which constitutes a potential threat to other trees, plants or shrubs within the City. If the Planning Official determines that removal of any diseased tree, plants or shrubs is necessary, the Planning Official will provide the property owner written notice of the required maintenance or removal.

Minimum timing requirements for landscaping (excluding street trees and master fence and screening improvements) are as follows:

a. For residential, nonresidential or mixed-use development, all required landscaping materials, both living and nonliving, must be in place prior to the time of issuance of a final certificate of occupancy, weather permitting. In periods of adverse weather conditions, a temporary certificate of occupancy may be issued, subject to the posting of a bond or irrevocable letter of credit in an amount equal to the estimated cost of the landscaping, with the estimated cost certified by a landscaping provider. A contract letter or bill of sale from a landscape company or garden center for the required landscape materials may be accepted in lieu of a bond or irrevocable letter of credit. The bond or irrevocable letter of credit may be forfeited if the landscaping is not completed within one (1) year after the issuance of the temporary certificate of occupancy. Forfeiture of any bond or irrevocable letter of credit will not relieve the owner of the responsibility to complete the required landscaping. (Ord. 22-22 § 5, 2022)

a. Street trees are required in all residential and nonresidential districts along all local and collector streets.

b. Street trees are required along street right-of-way of public or private street frontage, excluding arterial and minor arterial streets where perimeter landscaping is required by this section.

a. Street trees must be spaced as uniformly as possible, with an average spacing of forty (40) linear feet between trees in all districts, resulting in at least one (1) tree per lot in residential districts.

b. A minimum of two (2) street trees are required on corner lots.

c. Street trees count toward the required number of trees within the interior of the lot only in residential districts for single-family and two-family dwellings.

d. Exceptions to the location and spacing of trees may be allowed to accommodate for the location of utilities, streetlights, driveways, storm drain structures, sidewalks and traffic sight distance triangle areas.

e. At least six (6) feet of space is required between the right-of-way or sidewalk and the back of curb for the planting of street trees.

f. The applicant will coordinate adequate clearance between street trees and other infrastructure to allow for the location of street trees within the right-of-way, wherever practical, and will promote the longevity of the street trees to avoid premature loss of the trees. The street tree plan will coordinate the locations of street trees to allow access to utilities with minimal disruption to the street trees and their supporting root systems while avoiding increased service costs to the utilities.

g. See Section 18.30.220.E, Sight Distance.

h. No tree, shrub, or woody vegetation will be planted within a distance of ten (10) feet from any fire hydrant or fire department connection (FDC) to the sprinkler system.

i. No trees will be planted within fifteen (15) feet of a street light.

Street tree species and typical spacing requirements must be provided with all preliminary plats and site development plans. Trees must be planted prior to occupancy of the building.

a. The Planning Official will determine the botanical and common names of the street trees to be planted based on the requirements of this section.

b. Trees to be used to meet City street tree standards are as follows:

Botanical Name	Common Name
Acer platanoides var. rubrum var. saccharum var.	Norway Maple Red Maple Sugar Maple
Carya illinoienses	Pecan
Celtis occidentalis	Hackberry
Cladrastis lutea	American Yellowwood
Ginkgo biloba	Ginkgo (male, seedless)
Gleditsia triacanthos inermis var.	Honeylocust (thornless, podless)
Gymnocladus dioicus	Kentucky Coffeetree
Liquidambar styriciflua	Sweetgum Blackgum
Liriodendren tulipfera	Tuliptree
Platanus x acerfolia	London Planetree
Quercus acutissima bicolor borealis imbricaria macrocarpa muhlenbergi robur	Sawtooth Oak Swamp White Oak Northern Red Oak Shingle Oak Bur Oak Chinquapin Oak English Oak
Tilia americana cordata var. tomentosa	American Linden Little Leaf Linden Silver Linden
Sophora japonica	Japanese Pagoda tree
Ulmus carpinus var. buisman parvifolia	Buisman Elm Lacebark Elm
Zelkova serrata	Zelkova

c. The Planning Official may approve other species that are similar in quality, durability, and appearance, and that are suitable for the climate and rainfall conditions in Olathe.

Include Ailanthus, White and Silver Birch, Box Elder, Catalpa, Cottonwood, Siberian Elm, “Fruit” trees, Silver Maple, Mimosa, Pin Oak, Russian Olive, Poplar, weeping trees, Willows and all Ash species. Prohibited plants include those that are invasive or potentially damaging to streets, sidewalks, utilities, drainage improvements, and foundations.

All street trees must meet the requirements of subsections G.1 through G.5, above, except that the minimum size of newly installed street trees may be reduced to two (2) inch caliper as measured six (6) inches above ground. Trees must be guaranteed by a one (1) year warranty period.

a. If the street trees are located in the right-of-way, the adjoining property owner must maintain them as depicted on the subdivision(s) street tree plan.

b. The adjoining property owner must remove and replace street trees within the right-of-way (as depicted on the subdivision(s) street tree plan) that are dead, dying, diseased or otherwise unsafe at any time as depicted on the subdivision(s) street tree plan.

The purpose of the master fence/screening plan is to increase privacy, mitigate noise, reduce glare and enhance the aesthetics of the streetscape through the use of fences, walls, berms and professional landscaping to separate residential units from thoroughfare streets.

Where a subdivision for property zoned R-1 through R-4 is adjacent to an arterial street or where rear lot lines are adjacent to a collector roadway, a master fence/screening plan for all areas abutting the arterial street will be submitted for approval by the Planning Official prior to recording the final plat.

a. Landscape tracts must have a landscape area with a minimum width of twenty-five (25) feet along an arterial roadway and fifteen (15) feet along a collector roadway.

b. This landscape area is in addition to the minimum required lot width and yard setback requirements of the zoning district.

a. The Planning Official, or designee, must review the plans with regard to proper building and plant materials, setbacks, height, grading and their effectiveness in creating privacy and mitigating noise.

b. Improvements indicated on the master fence/screening plan are considered a private subdivision improvement.

c. The applicant may:

(1) Complete the landscaping improvements prior to the issuance of any building permit for any lots within the affected phase covered by the master landscape/screening plan; or

(2) Submit a bond or irrevocable letter of credit of up to two (2) years, equal to the value of the landscaping material as outlined in bids from the developer’s landscape installer or contractor. The bond or letter will be held by the City until all landscaping is installed per the approved plan after inspection and acceptance by the City.

a. The approved master fence/screening plan must contain the following landscaping materials as a minimum for each one hundred (100) linear feet, or portion thereof, of arterial street frontage. Minimum size requirements must be as stated in subsection D.7, above.

(1) Eight (8) evergreen trees.

(2) Two (2) shade trees.

(3) One (1) ornamental tree.

b. The landscape area must not impair drainage and utility placements.

c. The required minimum landscape area must not be located within a utility easement.

d. For each tree preserved within the landscape tract which meets or exceeds the minimum size requirements outlined in subsection D.7, above, a one (1) to one (1) credit will be given against the minimum tree requirements of this section.

e. The above landscaping materials may be deviated from if an alternative list of materials is approved by the City Planner which achieves comparable screening and buffering.

Grass areas located within the arterial street right-of-way as well as the landscape tract must be sodded. Use of appropriate drought-tolerant ground cover to reduce grass areas is encouraged in landscape tracts when approved through the planning process.

a. Fences or walls are not required as part of the master landscape/screening plan.

b. In cases where the developer of the subdivision chooses to install a fence or wall, all types of fences installed by the developer, except wrought iron, split rail or similar see-through fence/wall types, must be located one (1) foot inside the boundaries of the landscape tract along the residential side of the tract. Wrought iron or similar see-through fences may be installed by the developer anywhere within the landscape tract, except they may be no closer than five (5) feet from the right-of-way line of the abutting arterial street.

a. Berms are not required as part of the master fence/screening plan. In cases when the developer chooses to install a berm, the following standards apply:

(1) The slope of all installed berms must not exceed three (3) to one (1);

(2) All berms must be consistent with good engineering and landscape architectural design; and

(3) The grading plan for berms within the landscape tract must be consistent with the approved subdivision grading plan and will be approved by the City Engineer.

The final plat and deed restrictions must contain language as approved by the City Planner which identifies the organization (e.g., a homes association) that will be the entity having permanent responsibility and authority to enter upon the said landscape tract to maintain, plant, replant, replace, mow, clip, trim, spray, chemically treat, repair, and otherwise maintain any and all grass, trees, shrubs, flowers, plants, fences, and walls. Said deed restrictions will be recorded with the Register of Deeds of Johnson County concurrently with the recording of the final plat.

Landscape areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation systems must comply with the following standards:

(1) All landscape areas must be provided with a readily available water supply with at least one (1) outlet within one hundred (100) feet of the plants to be maintained. The use of nonpotable water for irrigation purposes will be encouraged.

(2) No permanent irrigation system is required for an area set aside on approved plans for preservation of existing natural vegetation.

(3) Temporary irrigation systems installed pursuant to acceptable xeriscape landscape practices may be used to meet the standards of this section. Xeriscape means to landscape using vegetation that is drought tolerant or water conserving in character.

(4) Irrigation systems must be continuously maintained in working order and be designed so as not to overlap water zones, or to water impervious areas.

(5) Whenever practical, irrigation systems must be designed in zones to apply water onto shrub and tree areas on a less frequent schedule than those irrigating grass areas. When technically feasible, a rain-sensor switch must be installed on systems with automatic controllers.

(6) No irrigation system will be installed or maintained abutting any public street which causes water from the system to spurt onto the roadway or to strike passing vehicular traffic.

(7) The use of irrigation-quality effluent or reused water will be encouraged.

Landscape plans for all developments must include a detailed drawing of enclosure and screening methods as provided below.

1. All exterior-mounted and all rooftop building HVAC and mechanical equipment, vents, piping, roof access ladders, and utility meters must be located out of view or otherwise screened from public view from all adjacent streets and residentially developed or zoned properties. Screening must be accomplished with landscaping, screen walls, building elements, or a combination of these methods.

a. All applications for preliminary or final development plan approval must include information regarding anticipated rooftop equipment and building-mounted equipment, including mechanical units, vents, pipes, and other appurtenances. Such equipment must be indicated on building elevations where the size and location of such equipment is known, and any anticipated equipment or equipment locations not yet determined must be described in the notes on the building elevations along with the estimated maximum dimensions of such equipment and the intended methods of screening.

b. All rooftop equipment must be screened from public view with an architectural treatment which is compatible with the building architecture and integral to the overall appearance of the building. An example includes a parapet wall that includes the same building materials as the lower levels of the building façade.

c. For purposes of this chapter, the phrase “architectural treatment compatible with the building architecture” does not include painted or prefinished rooftop equipment.

d. For rooftop equipment not adequately screened by the parapet, a supplementary screen will be provided by the use of prefinished architectural metal panels, stucco panels, masonry walls, or similar building materials.

e. The height of the screen must be no lower than the height of the equipment.

f. Screening must not interfere with Fire Department access to the roof.

g. Building-mounted equipment will be screened with either landscaping or architecture screening which may also include painting as required by the Approving Authority.

h. The Approving Authority may waive or amend rooftop equipment or building-mounted equipment screening requirements as part of a preliminary or final site development plan if the applicant provides a sight line visibility study and alternative screening provisions are provided if needed, and the Approving Authority finds that:

(1) The building is located at a high elevation in relation to surrounding properties, and it is demonstrated that rooftop equipment will not be visible; or

(2) The building is located in the middle of an industrial park and rooftop equipment is not visible from arterial roadways or residential properties, and will not have a negative impact upon any sensitive areas or scenic view or vistas; or

(3) The building is sited in a manner where the location and setback of rooftop equipment from the building edge in relation to the elevation and visibility of surrounding properties is such that the equipment will not be visible from any distance and additional screening measures are not required.

i. In the event that rooftop equipment or building-mounted equipment location has not been determined at the time of final development plan approval, or changes are made to said equipment after the final development plan is approved, the applicant must provide suitable screening to meet the above criteria, subject to review and approval by the Planning Official.

3. Areas or facilities used for trash, recycling containers, service and loading are to be located out of public view from streets, adjacent residential properties, and other highly visible areas such as parking lots, access drives, and similar areas.

4. Trash containers, trash compactors, and recycling containers must be screened from public view on all four (4) sides:

a. On three (3) sides with a six (6) to eight (8) foot solid wall constructed of masonry of a color and form that is consistent and compatible with the principal building architecture of the site; and

b. On one (1) side with a gate; and

c. The container/compactor areas must be appropriately landscaped; and

d. Enclosures must be incorporated into and made part of the principal building when possible and must be located behind or to the rear of the principal building in areas less visible from public streets and adjoining properties.

5. The screening requirements of this subsection do not apply to containers used to collect clothing donations, or publicly accessible recycling containers. See Section 18.50.020.G for locational requirements.

6. Alternative compatible, durable materials for the screening of trash containers and trash compactors may be approved by the City through the final site development plan approval process.

7. Exterior ground-mounted or building-mounted equipment including, but not limited to, mechanical equipment, utilities’ meter banks and coolers must be screened from public view with three (3) sided landscaping or with an architectural treatment compatible with the building architecture. Mechanical equipment will be subject to the following:

a. Preferred locations for utility structures (cabinets), as listed in order of preference are: 1) nonresidential properties; 2) rear yards; 3) street side yards on a corner lot behind the front yard setback; 4) front yards within the required side yard setback; and 5) arterial or collector landscape easements.

Residential: maximum height is thirty-six (36) inches above grade. Office/Commercial: limited to six (6) feet in height.

Utility structures must be located on the interior façade of the building, away from arterial or collector streets, and, when possible, recessed into the wall of the structure. Utility structures will not be placed along collector or arterial streets except when approved by the City.

Utility structures must be located behind the sidewalk and are subject to approval by the City Engineer. When requested within public right-of-way a landscaping plan will be required with the right-of-way permit.

Landscaping selected for screening will be provided for on three (3) sides of the structure and shield the structure from public view.

Utility structures located within public right-of-way (in front of sidewalk) require approval of an administrative review application.

8. All buildings or additions in nonresidential districts must provide a solid screen fence or wall at least six (6) feet in height within all rear and side yards abutting property zoned for residential purposes. The screening must be placed so the required perimeter landscape area is located between the property line and the fence or wall. The screening should not be placed on property lines or within the landscape area of the development and not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

9. In industrial and commercial districts, storage of materials, products or equipment outside of a fully enclosed building must be one hundred (100) percent screened from public view, except when adjacent to another storage area which is one hundred (100) percent screened from public view.

10. Outdoor display confinement areas must be enclosed with materials compatible to the building architecture such as decorative fencing (i.e., wrought iron), a building wall or other similar enclosure. Limited visibility into the display confinement area may be permitted depending upon the location of the area and the visibility of the area from nearby roadways. The display merchandise may not extend above or be stacked higher than the confinement area enclosure.

11. For purposes of this section, the phrase “screened from public view” means not visible from the subject property from adjoining properties or any street right-of-way at any distance.

The intent of buffering is to provide landscaped separation between residential and nonresidential uses and to screen from view certain land uses that may create visual clutter and distraction. The standards of this section provide for increases in the width and the opacity of the buffer as the land use intensity of the new or expanded development increases.

This section applies to any activity subject to this section (see subsection A, above).

This section does not apply to:

(1) Residential uses adjoining residential uses within the same residential zoning district.

(2) Agricultural uses.

(3) Any change of use that does not increase the existing building square footage or parking area.

(4) Single-family dwellings located on an existing lot of record.

(5) Contiguous commercial parcels or land areas under common ownership.

Commentary: Subsection J.1.b(5), above, addresses situations where a parcel is rezoned with several different zoning districts, and one of the districts acts as a “buffer” for the other. For example, a landowner rezones part of a parcel to “C-2,” the other part of the parcel as “R-1.” The “R-1” portion of the parcel is a strip adjoining a residential area zoned “R-1.” A type “3B, 4A, or 5A” buffer is normally required between the “C-2” and “R-1” districts. No buffer is required between the portion of the parcel zoned “C-2” and “R-1” internal to the property in this situation.

The buffer requirements are reduced where a buffer exists on an abutting property, and the net buffer satisfies the minimum buffer requirements of this section.

a. Table 18.30.130-1 shows when a buffer is required between an adjoining zoning district. Uses in the “adjoining zoning district” are not required to provide the same buffer, but may be subject to a separate additional buffer requirement as shown in Table 18.30.130-1. The applicant must install the type of buffer as indicated in the table.

Commentary: For example, if the proposed development is located in a “C-1” zoning district (see row (5) of the table), and the “adjoining zoning district” is zoned “R-1” (see the column (2) under adjoining zoning district), then the applicant must install a type 3 buffer.

b. In order to encourage the preservation of natural vegetation, the applicant may substitute a type “N” buffer consistent with subsection J.4, below, Table 18.30.130-2 for any category of required buffer.

		Adjoining Zoning District
		1	2	3	4	5	6	7	8	9
	District ⇩	AG	R-1, R-2	R-3, R-4	N	O, C-1	C-2, C-3, C-4, BP, M-1	M-2, M-3	D, TOD	PD, PR
1	AG	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
2	R-1, R-2	N/A	N/A	N/A	N/A	N/A	4B	4B	N/A	N/A
3	R-3, R-4	1	3	N/A	N/A	N/A	5B	5B	N/A	N/A
4	N	1	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
5	O, C-1	1	3	2 or 3	N/A	1	1	1	1	1
6	C-2, C-3, C-4, BP, M-1	1	3, 4A, or 5A¹	3, 4B, or 5A¹	3, 4B, or 5A¹	1	1	1	1	1
7	M-2, M-3	1	3, 4A, 5A or 6¹	3, 4A, 5A or 6¹	3, 4A, 5A or 6¹	2	2	1	1	1
8	D, TOD	1	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
9	PD, PR	1	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

1Buffers vary based upon the size of the development area adjacent to residential zoned land. Development areas less than five (5) acres in size require buffer type 3. Development areas between five (5) to ten (10) acres in size require buffer type 4A. Development areas greater than ten (10) acres in size require buffer type 5A or 6.

a. There are nine (9) types of buffers. Table 18.30.130-2 shows the minimum width and number of trees and/or plants required for each one hundred (100) linear feet for each buffer.

b. Each buffer type provides several plant material options. The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer which meet the requirements of this subsection.

c. Plant materials are required in both the 4B and 5B buffer types below. The applicant may request both the number of plantings and type (mix) of planting for the development during the plan review process for approval by the Approving Authority.

Buffer Type	Minimum Width (in Feet)	Deciduous Shade Trees per 100 Linear Feet	Ornamental Trees per 100 Linear Feet	Evergreen Trees per 100 Linear Feet	Shrubs and Ornamental Grasses per 100 Linear Feet²	Constructed Features³
		Trees¹

Buffer Type	Minimum Width (in Feet)	Deciduous Shade Trees per 100 Linear Feet	Ornamental Trees per 100 Linear Feet	Evergreen Trees per 100 Linear Feet	Shrubs and Ornamental Grasses per 100 Linear Feet²	Constructed Features³
		Trees¹
1	10	1	1	1	20	None
2	15	2	3	2	35	None
3	20	1.5	1	1.5	35	Min. 6-ft. high wall or berm
4A	25	4	2	3	40	Min. 9-ft. high wall and berm combination (e.g., 6-ft. wall and 3-ft. berm)
4B	60	None	None	None	None	None
5A	30	5	3	5	45	Min. 11-ft. high wall and berm combination (e.g., 6-ft. wall and 5-ft. berm)
5B	75	None	None	None	None	None
6	40	5	4	5	50	Varied berm with 4-ft. average height
N⁴	20% reduction with minimum of 10 feet	Any combination of trees or shrubs is acceptable where: (1) the existing vegetation provides at least the number of equivalent planting units required by Table 18.30.130-2, or (2) the existing vegetation provides complete visual screening from the adjoining property.				--

1See Section 18.30.130.D for acceptable tree species and sizes.

2See Section 18.30.130.D for acceptable shrub species and sizes. A minimum one-third (⅓) of the shrubs will be evergreen.

3A double row of evergreen trees may be substituted for a screening wall, but may not be counted toward minimum requirements for trees, shrubs, and ornamental grasses.

4Natural areas with native vegetation may be used to meet any of the above buffer requirements if the criteria of Table 18.30.130-2 are met. The width of a buffer will be reduced by twenty (20) percent if the minimum width is at least ten (10) feet. Irrigation requirements do not apply if no additional planting is required to meet these criteria.

5. The number of equivalent planting units (EPUs) for purposes of applying a type “N” buffer, above, are calculated based on the following ratios: Canopy Trees = 1 EPU, Understory = 0.5 EPU, Large Shrubs = 0.25 EPU, Medium Shrubs = 0.1 EPU, and Small Shrubs = 0.05 EPU. Each buffer type “1” through “6,” above, is assigned the following number of EPUs for purposes of determining whether a type “N” buffer may be substituted:

Buffer Type	EPUs
1	1
2	2
3	1.5
4A or 4B	3
5	4
6	5

a. A buffer required by this section must be provided along the side lot line of abutting uses.

b. The required perimeter landscape area must be located outside of the fenced area of the development between the fence and the street, unless this requirement is otherwise modified with final site development plan approval.

c. Buffers are not required along the front property line.

a. The buffer may be included in the required yard or building setback.

b. No active recreation area, storage of materials, parking, or structures, except for necessary utility boxes and equipment, will be located within the buffer.

c. Parking is permitted within the building setback, but not within the minimum width of the buffer.

d. Buffers may be used as part of a greenway as defined in the parks/open space standards.

1. In residential districts, large deciduous shade or evergreen trees are required within the interior of each lot at a ratio of three (3) trees for every single-family dwelling, four (4) trees for every two-family dwelling and one (1) tree for every dwelling unit for multifamily buildings.

2. For single-family and two-family dwellings, at least one (1) required interior lot tree may be a street tree in compliance with subsection G, above.

3. Multifamily developments must have street trees in addition to the required interior lot trees. Perimeter and buffer landscaping trees will not count toward the required number of trees within the interior of any lots.

4. Residential lot trees must be planted in accordance with subsection G.3, above.

1. Within the front and corner side yards where a street separates a nonresidential use from property zoned or designated on the Comprehensive Plan Map for residential use, a continuous fifteen (15) foot landscape area must be provided with landscaping, clustered or spaced linearly and need not be placed evenly, at a rate of one (1) deciduous shade or evergreen tree for every thirty (30) feet of linear street frontage. In addition, one (1) ornamental tree must be planted for every three (3) required deciduous shade or evergreen trees.

2. Where a street separates a nonresidential use from property zoned or designated on the Comprehensive Plan Map for nonresidential use, a continuous ten (10) foot landscape area must be provided with landscaping at a rate of one (1) deciduous shade or evergreen tree for every fifty (50) feet of linear street frontage. In addition, one (1) ornamental tree must be planted for every three (3) required deciduous shade or evergreen trees.

All multifamily residential and nonresidential developments must include the following interior landscaping standards within their parking and vehicular use areas:

Landscaping and planting areas must be dispersed throughout the parking lot.

a. Along street rights-of-way, parking areas must be screened from public view in one (1) of the methods described below:

(1) A landscape mix of shrubs, trees and other plantings to create a visual screen of the parking and vehicular use area. Trees should be spaced with at least one (1) tree per thirty (30) linear feet of landscape strip, with a width of at least ten (10) feet; or

(2) Shrubs that form a continuous visual screen at least three (3) feet in height; or

(3) A decorative wall of a material and design compatible with the architecture of the primary structure not to exceed four (4) feet in height; or

(4) A berm at least three (3) feet above the adjacent elevation of the street or parking area, whichever is highest, with a maximum slope of three to one (3:1) and must have a crown of at least two (2) feet. Berms will include plantings such as shrubs, trees or other landscaping.

a. The interior dimensions of any planting area or landscape islands must be at least one hundred sixty-five (165) square feet in area. Landscape islands must be at least nine (9) feet wide, as measured from back of curb to back of curb, and constructed at a ratio of one (1) per each twenty (20) parking spaces. Each area must be protected by vertical curbs or similar structures, and be designed and grouped into a parking and vehicular use area to create defined aisles and entrances for on-site traffic circulation.

b. One (1) shade tree must be provided for every parking and vehicular use landscape island. Areas where utility conflicts restrict tree plantings, other landscape plantings such as shrubs and ornamental grasses may be approved by the City.

c. Landscape aisles and strips between parallel parking rows must be a minimum of ten (10) feet in width. When incorporating pedestrian walkways, the aisles and strips must be a minimum of twenty (20) feet in width to accommodate vehicular overhangs, walks, lights, posts and other appurtenances. Landscape aisles and strips must include medium to large deciduous trees at a minimum of one (1) tree every thirty (30) linear feet, in addition to other parking lot landscape requirements.

d. Primary landscape materials must be trees which provide shade or are capable of providing shade at maturity. Ornamental trees, evergreen trees, shrubbery, hedges and other planting materials may be used to complement the landscaping, but not be the sole means of landscaping. Earth berms, existing topography and decorative walls must be integrated with the landscape plan where feasible.

e. No landscaping tree, shrub, fence, wall, or similar item will be placed in traffic zones of ingress or egress at street corners, or in the intersection of public right-of-way, which the City Engineer determines is an obstruction to visibility, or extends into a sight-distance triangle as set forth in Section 18.30.220, or is otherwise a traffic hazard.

f. Landscape islands in parking lots may alternatively be designed and planted to serve as dual-purpose and stormwater treatment areas. When landscaping islands are designed as a stormwater treatment area, trees are not required as the primary landscaping material if the City determines that trees are incompatible with native plantings proposed for use as a means of stormwater treatment.

g. Islands must be designed in locations based on the following priorities: defining major drives and vehicle lanes, delineating the end of parking rows and at aisle intersections and internal to the parking rows.

h. Plantings must anticipate foot traffic patterns, discourage foot traffic where dictated by safety concerns, and must provide adequate visibility for the safety of pedestrians and vehicles.

i. If earthen berms are constructed they must be at least to a height of two and one-half (2½) feet above the adjacent elevation of the street or parking/loading area, whichever is highest, not to exceed a slope of three to one (3:1) and must have a crown of at least two (2) feet. The berm will be planted in ground covers and other plant materials to achieve a decorative effect.

Landscape plans must address:

1. The placement/arrangement of building(s) to minimize disruption to existing ecosystems and designing the building to minimize its footprint; and

2. Strategies such as stacking the building program, and sharing parking facilities with adjacent property owners, to minimize the building footprint; and

3. The relationship of open space to development footprint(s) on site biodiversity; and

4. Marking construction boundaries to minimize disturbance of the existing site and restore previously degraded areas to their natural state; and

5. If appropriate to the site, a soil/climate analysis to determine appropriate plant material and design the landscape with native or adopted plants to reduce or eliminate irrigation requirements; and

6. The feasibility of using stormwater and/or condensate water for irrigation; and

7. Whether native plants are incorporated in lieu of planted landscaping.

Purpose: Landscaping and planting areas provide a buffer between the parking lot or drives and building walls or pedestrian circulation. Landscape areas may be placed adjacent to the building wall or adjacent to the curb to coordinate with building overhangs and canopies, if any. Building landscaping is encouraged to include a variety of shrubs, ornamental trees and/or shade trees. Any trees used should accommodate pedestrian circulation.

a. This subsection applies to nonresidential developments, unless modifications to these standards are otherwise approved as part of final site development plan approval.

b. This subsection does not apply to building façades that abut a sidewalk or the rear yard.

a. Along any building façade or foundation that fronts upon a public right-of-way or a parking lot provided for the building, landscape areas must be provided equivalent to a minimum of twenty-five (25) percent of each building façade or foundation. The landscape area may be a continuous area or comprised of several areas.

b. Building façades along service areas are excluded, unless the service area fronts upon a public right-of-way or common access drive.

c. Landscape areas may be placed adjacent to the building wall or adjacent to the curb, with walkways, overhangs or canopies between the landscape area and building wall. Landscape areas must generally not be placed under overhangs and canopies.

a. Each landscape area must be planted with shrubs capable of reaching three (3) feet in height above the adjacent parking area or drive, covering a minimum of seventy-five (75) percent of the length of the landscape area.

b. A mixture of evergreen and deciduous shrubs must be used to maintain seasonal interest.

c. Ornamental trees (where appropriate), or shade trees should be included in the landscape design to further buffer the building façade from the drives and parking lot areas. In areas where pedestrian circulation is anticipated, trees with a branching habit conducive to walking under must be used. For example, Pin Oaks are not acceptable due to their descending branching habit.

d. Appropriate plant species should be installed so that mature tree limbs can be maintained at a minimum eight (8) foot clearance from ground level and so that shrubs do not exceed two and one-half (2½) feet in height for areas where it is important to maintain visibility for security and safety purposes.

e. Berms may be incorporated in the landscape areas if positive drainage from the building is provided.

4. Planting areas must have a minimum width of either six (6) feet or the equivalent of twenty (20) percent of the building façade height as measured from the ground elevation to the top of the wall or parapet, whichever is greater.

Building façade and foundation landscape areas must be irrigated.

No trees, shrubs, woody vegetation, or other landscape improvements over two (2) feet in height are permitted on residential traffic islands or thoroughfare rights-of-way unless approved by the City Engineer and the Planning Official. (Ord. 22-22 § 5, 2022; Ord. 19-74 § 4, 2019; Ord. 18-48 § 4, 2018; Ord. 17-52 §§ 10, 41, 2017; Ord. 16-20 § 4, 2016; Ord. 15-16 § 3, 2015; Ord. 10-57 § 2; Ord. 10-56 § 2; Ord. 09-22 §§ 1, 2, 5, 7—9, 11—13, 2009; Ord. 02-54 § 2, 2002)

18.30.135 Lighting

Parking areas with more than twenty (20) parking spaces must have exterior lighting for nighttime illumination that complies with this section.

1. Lighting used to illuminate parking areas must be arranged, located, shielded or screened to direct light away from any adjoining or abutting residential district or any street right-of-way.

2. Exterior lighting must not be provided solely by building-mounted light fixtures. Where used, the building-mounted fixtures must be located where not visible from street right-of-way or residential properties. Any building-mounted light fixtures, landscape lighting or other outdoor light fixtures for aesthetic purposes will be identified on any site development plan.

1. The following lighting standards apply to building-mounted lighting and lighting cast on buildings or signs, not including agricultural, single-family detached residential, and two-family residential building types as defined in Section 18.15.020.G.

a. Exterior building-mounted lighting must be LED type (light produced via light emitting diodes) of a soft-white or bright-white light color and quality.

b. Light fixtures must be up-cast or downcast in nature and must possess sharp, cut-off qualities to limit off-site glare. Light cast onto a building or sign must not shine past the wall plane. Exceptions may be made by the Approving Authority for decorative wall sconce type light fixtures.

c. Illuminated banding, illuminated translucent panels, exposed neon, exposed lightbulbs (including LED bulbs), permanent string lights, and similar exterior building lighting are prohibited unless approved by the Approving Authority.

1. All light fixtures, for general area lighting, must be full cut-off type fixtures, which do not produce any light above 90 degrees from nadir (nadir being the angle pointing directly downward from the luminaire or fixture), equipped with flat lenses; and with fixed, nonadjustable, mounting arms or brackets. Light fixtures for landscaping lighting and decorative building lighting may allow light above 90 degrees from nadir.

2. The style of light poles and fixtures must highlight, complement, and reinforce landscape and architectural design as focal points of interest. However, all multi-family and non-residential sites within the “Original Town” Overlay District, where a parking area or lot is part of a redevelopment for a final site development plan as approved by the Planning Commission, must have antique globe/coach style light poles and fixtures as approved by the Planning Official. The following actions are exempt from installing such style light poles and fixtures of parking areas or lots for redevelopment: a parking lot permit not part of a new final site development plan approval, administrative review process, routine maintenance, existing site light pole and fixture consistency, and those situations deemed approved by the Planning Official.

3. Parking lot poles and light fixtures must maintain the same style, height, and color and intensity of lighting throughout the development area. Varying styles of light fixtures are permitted if it is demonstrated that the styles contribute to an overall theme for the area.

4. The maximum overall height of light fixtures is:

a. 30 feet for commercial shopping centers, individual nonresidential businesses and uses, multi-family developments, and office parks, and

b. 20 feet when the uses listed above are located adjacent to residential development.

5. Concrete pedestals/bases must not exceed three (3) feet in height and must be included in the maximum overall light pole height.

6. Non-residential parking lots that are located between the principal buildings and the street, or adjacent to a residential zoning district, must have their lighting levels for surface parking lots and the top levels of parking decks and structures reduced from full lighting operational levels after close of business or activity hours.

7. Acceptable lamp types include solar powered fixtures, LED fixtures, pulse-start metal halide, ceramic metal halide, fluorescent, or high-pressure sodium.

8. Light sources must have a minimum value of 60 CRI (Color Rendering Index).

Illumination levels for outdoor lighting foot-candle values indicated below are measured at grade, and based upon a photoelectric (photopic) photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination (C.I.E.).

Parking Lots:	• Average Maintained Foot-candles (maximum) for all parking lots is three (3) foot-candles. The minimum average maintained foot-candles is one (1). The average maintained foot-candles must be calculated at not greater than 0.75 of initial foot-candles. The approving authority may approve maintenance factors above 0.75 if the applicant submits documentation that those values achieve a level of security and compatibility with surrounding land use, or are consistent with subsection F below.
	• Minimum Foot-candles and Uniformity Ratio: The minimum amount of maintained illumination for open parking areas must be arranged in order to provide at least 0.20 foot-candles and uniform illumination throughout the parking lot of up to a 5:1 ratio of average to minimum illumination and up to a 15:1 ratio of maximum to minimum.
	• The maximum maintained vertical foot-candle at an adjacent residential property line must be one-half (½) foot-candle measured three (3) feet above grade and facing into the project site.
Pedestrian Walkways, Paths and Plazas:	Areas of pedestrian activity within a parking lot as designated on the final site development plan (i.e. sidewalks, crosswalks, seating, building entrances/exits, plazas) must maintain a minimum one (1) foot-candle minimum average.

1. A photometric plan with point-by-point calculations showing compliance with the parking lot and building lighting standards is required with all final site development plans. The calculation must be measured at grade. The photometric plan must include:

a. All structure(s), parking spaces, building entrances, traffic areas (both vehicular and pedestrian),

b. Vegetation that might interfere with lighting,

c. Adjacent uses that might be adversely impacted by the lighting,

d. A layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type, and

e. All other exterior lighting including but not limited to architectural, building-entrance, landscaping, flag, accent, etc.).

2. A cut sheet of the proposed light fixtures, including the light fixtures candlepower distribution curve, must be submitted for light fixtures abutting residential properties.

The approving authority may modify any of the standards in this section if the applicant obtains LEED certification and provides a lighting plan that addresses the following:

1. Light pollution reductions that eliminate light trespass from the building and site by improving night sky access and by the reducing the development’s impact on the natural environment;

2. Fundamental building lighting systems that verify and ensure that fundamental building elements are designed, installed and calibrated to operate as intended;

3. Minimum lighting energy performance that meets either local energy code requirements or the federal energy code;

4. Lighting materials and resources that are extracted and manufactured within the region, thereby supporting the regional economy and reducing the environmental impacts resulting from transportation;

5. Indoor environmental lighting quality that provides a high level of thermal, ventilation, and lighting systems control by individual occupants or specific groups in multi-occupant spaces;

6. Lighting for the building occupants with a connection between indoor spaces and the outdoors through the introduction of daylight and views into the regularly occupied areas of the building; and

7. If applicable, any innovations that add to the visual quality and compatibility of the building and site. (Ord. 19-74 § 5, 2019)

18.30.150 Natural Resource Protection

See Sections 18.30.100 (Floodplains), 18.30.240 (tree protection).

18.30.160 Parking and Loading

1. All buildings or structures that are erected, constructed, reconstructed, moved or altered must provide off-street parking in the form of garages or areas made available exclusively for parking.

2. Parking spaces must be located entirely on the same property as the principal use, except where specifically provided in this section or the zoning district regulations (Chapter 18.20).

3. No portion of the parking area or structure other than the necessary drives will extend into any street or other public way.

4. The issuance of building permits or certificates of occupancy requires compliance with the minimum parking standards. This applies even if a final site development plan was previously approved with fewer parking spaces due to the unknown or changing status of occupancy.

1. All parking areas and drives must be ready for use upon occupancy of a building.

2. Parking areas and drives must be surfaced with a permanent, bituminous or concrete paving meeting the technical specifications prior to the issuance of a certificate of occupancy.

3. All parking lots and drives, except those serving single-family dwellings, must have curbs and drainage facilities that are consistent with the technical specifications.

4. Approach aprons and curbs must be Portland cement concrete.

See Section 18.30.050.

Parking stall dimensions are as follows:

Type	Dimensions (feet) (minimum dimensions; excludes access drives or aisles)	Conditions / Exceptions
Standard spaces	9' x 20'
Parallel Parking Space	9' x 22'
Parking areas reduced for landscaping	9' x 18' (standard) with 25' wide aisle	The reduction in pavement area must be used as landscape area within the parking lot.
Spaces abutting curbed overhangs	9' x 18' (standard)	The parking space must abut an interior parking lot curbed area at least 6 feet wide (with landscaping or sidewalk). The overhang is measured from the face of the curb.

Parking lots must be divided into parking pods with landscape strips, peninsulas, or grade separations to reduce the visual impact of large expanses of paving, to direct vehicular traffic through the parking lot, and to provide a location for pedestrian walks. The maximum number of spaces within a parking pod is regulated by Chapter 18.15 (Building and Site Design Standards).

Landscape aisles must be placed on both sides of entrance drives to create pleasing tree-lined entrances, to direct vehicles into and out of the site, and to provide adequate space for vehicular stacking at exits onto perimeter roadways.

a. Parking lots must separate pedestrians from vehicles through protected pedestrian walkways which lead to store entrances, except for sites with unique conditions or terrain.

b. Sidewalks and crosswalks will connect sidewalks along adjacent roadways, trails in the City’s greenway system and buildings within a development.

c. Walkways must be designed and buffered in a manner that encourages their use.

d. Sidewalks and crosswalks must be designed to keep pedestrians together where they can be seen by motorists, and where they can cross most safely with the flow of vehicular traffic.

e. Crosswalks designated on the final site development plan must comply with the general standards for crosswalks within the Manual of Uniform Traffic Control Devices (MUTCD). Crosswalks outside of the public right-of-way or in the D District may include:

(1) Brick pavers with concrete borders;

(2) Concrete with brick borders; or

(3) Stamped and colored concrete.

a. For purposes of this subsection, “reserved parking areas” including parking stalls for customer parking, employee parking, persons with disabilities, vehicles for sale, lease, rental, or display.

b. Reserved parking spaces must be designated on all final site development plans and any other plans submitted for approval to the City.

c. Reserved parking spaces used for sale, lease, rental or display will not be located within a required parking/paving setback area, and not reduce the capacity of a parking lot below that required by this section unless otherwise approved by the Planning Commission, and not hinder the movement of vehicles in drive aisles.

d. All reserved parking spaces must be striped, maintained, and specifically used for the related purpose as identified on the plans.

e. Areas designated for parking must not be used for display of vehicles for sale, lease, rental, etc.

Parking for persons with disabilities must comply with the applicable requirements of the 2010 ADA Standards for Accessible Design (United States Department of Justice, September 15, 2010), as amended.

Parking areas and other paved areas such as drive-through aisles must be set back as follows:

1. In Districts AG, R-1, R-2, and for single-family and two-family dwellings in any other district, no parking area will be located within two (2) feet of a lot line, excluding nonresidential uses.

2. For multifamily dwellings not located in a planned district, no parking area will be located within thirty (30) feet of a street right-of-way or in a required yard area.

3. No parking area for a nonresidential use in any residential district will be located within thirty (30) feet of any street right-of-way or in a required yard area.

4. Parking areas are encouraged to be located internal to the development with buildings abutting the right-of-way. When this layout is not possible, parking areas located adjacent to any street right-of-way will be screened in accordance with Section 18.30.130.

5. In mixed use, commercial, office, business park and industrial districts, no parking area will be located within the applicable parking and paving setback requirements within that zoning district.

6. Parking area setbacks within planned zoning districts must be approved with the final site development plan, and must not occupy any portion of the required yard areas.

See Section 18.30.135.

1. The interior of parking areas must be landscaped in accordance with this section.

2. As part of a rezoning, special use permit or site plan condition, the Approving Authority may require that any wall, fence or screen planting around a parking area must be set back from a street if needed to prevent adverse effects upon the appropriate use of adjacent property or to prevent a traffic concern. This setback will not exceed the front or side yard requirement applicable to the zoning district.

1. A portion of the parking area required for office, business park or industrial development may remain unimproved until it must be improved to adequately serve the parking demand. Delayed construction of parking is permitted only if:

a. The initial occupancy of the premises is adequately served by the lesser number of spaces;

b. The final site development plan clearly indicates the location, pattern and circulation to and from the deferred parking spaces.

2. The land area delineated for future parking must be brought to finished grade and landscaped, and not be used for building, storage, loading or other purposes.

1. No driveway serving a single- or two-family dwelling will be located within two (2) feet of an adjoining lot line except for a driveway serving two (2) properties.

2. Parking is restricted to customary passenger vehicles and emergency vehicles up to a factory designated, one (1) ton, single axle, dual wheel size which is unloaded and immediately available for emergency response by an operator who is on duty or on call. However, emergency vehicles will not be parked upon a driveway for more than twelve (12) hours during any twenty-four (24) hour period.

3. All passenger cars must be parked on paved driveways or parking areas relating to the garage or carport. In areas where there are no garages or carports, passenger cars and motor vehicles may be parked on paved driveways constructed perpendicular to the street.

4. No parking is allowed in that portion of the street right-of-way not used for traffic movement, i.e., between the curb and the sidewalk, and between the curb and the front lot line.

5. Parking passenger vehicles on driveway extensions that lead directly to the garage or carport is permitted, if the extension does not exceed more than one additional ten (10) foot drive beyond the capacity of the garage or carport, and is adjacent and connected to the existing driveway. If there is no garage or carport, a drive up to twenty-two (22) feet in width is permitted.

6. No person will stop, stand or park a commercial vehicle on any street, alley, or lot within any residential district, except when necessarily loading or unloading property or when in the performance of a service to or upon property in the block where the vehicle is parked. This section may not be avoided by a mere location change of a vehicle within the residential district. Residential district refers to any place or area where the property is zoned for residential occupancy including single-family, two-family and multifamily dwellings.

1. The minimum number of parking stalls is as indicated in Table 18.30.160-2, below. Where the parking ratio indicates “sf,” the ratio is based on gross floor area excluding attics, cellars, or similar uninhabitable space.

2. The Planning Official may determine the parking requirements for any use not listed above, based on the determination of similar uses as set out in the Use Matrix (Chapter 18.20) and any documentation of parking generation for that type of use.

3. Where convention centers, conference centers, assembly halls, ballrooms or other similar facilities are built in conjunction with a hotel, office park or shopping center, the Planning Commission or Governing Body may permit up to a thirty-five (35) percent parking space reduction for each of the uses listed above when built in conjunction with the uses listed above, due to overlapping usage of a portion of the parking spaces. Request for such shared parking must be received as part of a preliminary development plan. The request must outline the justification in reducing the number of parking spaces. In addition, a change in use to a use other than listed above must conform to City parking standards.

4. Whenever a theater is located in a shopping center that has more than two hundred thousand (200,000) square feet of gross floor area, the number of parking spaces required for the theater may be reduced by twenty-five (25) percent; provided, that a joint parking agreement for the joint use of all parking within the shopping center is reviewed and approved by the City. The agreements must be recorded with the Register of Deeds and a copy submitted with the application for a building permit.

5. The revised parking requirement for eating places (of all types) will not apply to any preliminary site development plan approved in a planned district prior to August 1, 2005; provided, that a final site development plan is approved complying with the preexisting parking requirements and a building permit is issued prior to August 1, 2006.

6. The revised parking requirement for eating places (of all types) will not apply to any final site development plan approved in a planned district prior to August 1, 2005, or to any site development plan approved in a conventional district prior to August 1, 2005; provided, that the approved plan complied with the preexisting parking requirement.

Use	Parking Spaces Required (minimum)
Residential Uses
Accessory dwellings (carriage houses, granny flats, echo homes)	1 per dwelling unit
Cluster or conservation subdivisions	1 per dwelling unit
Elderly housing, multifamily residences	1 per dwelling unit
Elderly housing, single-family residences	1 per dwelling unit
Residence, adaptive reuse	0.5 per dwelling unit
Residence, multifamily 3 units (triplex)	1.5 per dwelling unit
Residence, multifamily 4 units (quadraplex)	1.5 per dwelling unit
Residence, multifamily, more than 4 units	1.5 per dwelling unit
Residence, single-family attached	1.5 per dwelling unit
Residence, single-family detached	2 per dwelling unit
Residence, single-family modular	2 per dwelling unit
Residence, two-family (duplex)	1.5 per dwelling unit
Residence, zero lot line	1.5 per dwelling unit
Residential design manufactured home	2 per dwelling unit
Residential property manager	1 per dwelling unit
Townhouse	1.5 per dwelling unit
Watchmen/caretakers	1 per dwelling unit
Accommodations and Group Living
Bed and breakfast	1 per guest room plus 1 per 800 sf of restaurant space
Boarding and lodging house	1 per guest room plus 1 per 800 sf of restaurant or public meeting space
Community living facility, mental health convalescent	1 per 400 sf
Community living facility, mental health/substance abuse, on-site staff	1 per 400 sf
Day care, adult day care	1 per guest room
Dormitories	1 per 400 sf
Group home	1 per 400 sf
Group residence, general (9-15), limited (0-8), children, elderly residential services	1 per 400 sf
Hotel, motel	1 per each 2 employees on the largest shift and 1 per each guest room or 2 guest beds
Sorority and fraternity housing	1 per guest room
Commercial, Services and Mixed Use
Adaptive reuse of converted buildings	1 per 500 sf
Agricultural machinery and equipment sales area and service facility	1 per 500 sf (indoor sales/service area only)
Animal care services – Veterinary clinics, animal hospitals, boarding, grooming, sitting, and training, no outside kennel, no retail	1 per 1,500 sf
Antique shop	1 per 500 sf
Apparel and accessory stores	1 per 300 sf
Bail bonding	1 per 500 sf
Bait shop	1 per 500 sf
Bakery, without wholesale distribution facilities	1 per 300 sf
Bars, taverns and drinking establishments	1 per each employee and 1 per 2 seats
Financial institution (bank, credit union, or savings institution)	1 per 400 sf
Beer, wine, and liquor store	1 per 300 sf
Bicycle sales and service	1 per 500 sf
Boat/watercraft, marine supplies, and marine/boating equipment sales and service	1 per 1,000 sf (indoor sales/service areas only)
Book, magazine, or stationery store	1 per 300 sf
Building materials sales – Without lumberyard	1 per 300 sf
Building materials sales and storage	1 per 300 sf
Business service centers, including blueprinting, printing, photostatting and copying	1 per 300 sf
Cafeterias and snack bars to serve the employees of office building within which they are located	1 per 800 sf
Camera and film shop; photography studio; frame shop	1 per 300 sf
Candy or confectionary making, on premises and retail only	1 per 300 sf
Car wash, automobile laundries, or car care centers	1 per 1,500 sf
Catering establishments	1 per 300 sf
Commercial uses in multifamily developments (no direct entry from the use to the street)	1 per 300 sf
Commercial buildings not specifically listed	1 per 250 sf
Convenience stores, with gas sales	1 per 250 sf
Convenience stores, without gas sales	1 per 250 sf
Courier and messenger services	1 per 800 sf
Delicatessen	1 per 100 sf
Department stores	1 per 300 sf
Drive-in facilities (for retail, restaurant or financial institution)	Parking analysis
Elderly service center, nonresidential	1 per 500 sf
Entertainment establishments, such as lounges, nightclubs, private clubs, and music or dance establishments	1 per 200 sf
Executive suite space (nonretail, nonindustrial)	1 per 800 sf
Farm/landscape/garden supply sales	1 per 300 sf
Farm supplies – Wholesale trade	1 per 300 sf
Farmer’s markets	Parking analysis required
Fertilizer sales and storage	1 per 300 sf
Flex space (office and warehouse building); may include call centers or mail order houses	1 per 800 sf
Florist or floral/gift shop	1 per 300 sf
Food service, accessory	1 per 300 sf
Gas station	1 per 1,000 sf
Grocery, meat, dairy product and bakery sales	1 per 300 sf
Gun shops and gunsmiths	1 per 300 sf
Hardware store	1 per 300 sf
Laundry, pick-up only and garment services	1 per 300 sf
Laundry, coin operated	1 per 300 sf
Leasing office for apartment complex	1 per 300 sf
Leasing, commercial and industrial machinery and equipment	1 per 500 sf (indoor sales area only)
Leasing/rental – Accessory use, recreational goods (furniture, party supplies, sporting goods)	1 per 300 sf
Leasing/rental of trucks, trailers, RVs, boats, motorcycle	1 per 500 sf (indoor sales area only)
Leasing/rental, car and passenger vehicle	1 per 500 sf (indoor sales area only)
Light manufacturing accessory to retail use	1 per 1,500 sf
Live-work units	1 per dwelling unit
Management/services	1 per 800 sf
Medical equipment sales, rental or leasing	1 per 500 sf
Mixed use, commercial (includes office units located over storefronts)	1 per 500 sf
Mixed use, vertical (includes residences located over storefronts)	1 per 500 sf
Monument dealers (tombstones and markers)	1 per 1,000 sf
Motor vehicle sales	2 per 1,000 sf of indoor sales area plus 1 per 4,500 sf of outdoor sales area
Motorcycles, ATVs, retail sales and repair	1 per 500 sf
Musical instrument and supplies stores	1 per 300 sf
Nonstore retail/commercial (mail order, catalog facility, electronic markets)	1 per 800 sf
Office supply and equipment store	1 per 300 sf
Offices for business, professional, industry and government	3.8 per 1,000 sf
Optical goods stores	1 per 300 sf
Outdoor display and storage	n/a
Packing, crating, and convention and trade show services	1 per 800 sf
Palmistry services, fortune tellers, astrologers	1 per 1,000 sf
Pawnshops and secondhand goods	1 per 300 sf
Payday loan business or title loan business (as defined in Section 5.43.010)	1 per 300 sf
Personal care service shops	1 per 300 sf
Pet care	1 per 1,500 sf
Pet store	1 per 1,500 sf
Pharmacy and drugstore	1 per 300 sf
Real estate, sales, rental and leasing	1 per 800 sf
Rental management/leasing facility (residential)	1 per 800 sf
Repair, restoration of vehicles, machinery and equipment	1 per 500 sf
Restaurant or snack bar, subordinate to an office or retail building with no direct outside entrance	1 per 3 seats
Restaurant service, carry out	1 per 3 seats
Restaurant, full service	1 per 3 seats
Retail sales, accessory
Retail sales, generally (not otherwise listed)	1 per 300 sf
Sales and service, manufactured home, recreation vehicle, bus, truck, or similar large vehicles	1 per 500 sf
Sales, boats/marine, recreational vehicle, travel trailer, camper sales or leasing (including repair)	1 per 500 sf
Services to buildings and dwellings (extermination, janitorial, landscaping, carpet and upholstery cleaning, packing and crating, etc.)	1 per 800 sf
Snack or nonalcoholic bar	1 per 150 sf
Specialty food stores	1 per 300 sf
Sporting goods shop	1 per 300 sf
Tailor/shoe repair	1 per 1,000 sf
Tattoo parlor/tattoo studio and/or body piercing	1 per 500 sf
Temporary sales and events	1 per 300 sf
Travel agency	1 per 300 sf
Travel plaza/truck stop	1 per 300 sf
Upholstery and furniture refinishing	1 per 300 sf
Vehicle repair and restoration, not including automotive wrecking or long-term disabled vehicle outdoor storage	1 per 500 sf
Video/audio sales and/or rental	1 per 300 sf
Woodworking shops, cabinetmaking shops, or wood crafting services	1 per 1,500 sf
Industrial Uses
Automobile storage or towing (excluding wrecked and junked vehicles)	1 per 1,500 sf
Bottling works	1 per 1,500 sf
Building contractor	1 per 1,500 sf
Carpentry, floor, and tile contractor	1 per 1,500 sf
Computer and electronic product manufacturing	1 per 1,500 sf
Crematories	1 per 1,500 sf
Explosives manufacturing/storage	1 per 1,500 sf
Extractive industries	1 per 1,500 sf
Food and beverage manufacturing	1 per 1,500 sf
Fuel oil distribution	1 per 1,500 sf
Industrial uses not specifically listed	2.5 per 1,000 sf (buildings < 25,000 sf); 2.5 per 1,000 sf devoted to office uses plus 1 per 1,000 sf of other floor area (buildings > 25,000 sf)
Jewelry and silverware manufacturing	1 per 1,500 sf
Junk yards, salvage yards, and auto and scrap processing	1 per 1,500 sf
Laboratories – Research and testing	1 per 1,500 sf
Laboratories – Medical and diagnostic	1 per 1,500 sf
Landfill, demolition	1 per 1,500 sf
Landfill, land clearing and inert debris	1 per 1,500 sf
Landfill, sanitary	1 per 1,500 sf
Laundry, cleaning and garment services	1 per 1,500 sf
Limited manufacturing of products sold on the premises (up to 5,000 sf or 25% of the floor area of a principal retail use, whichever is less)	1 per 1,500 sf
Manufacturing, excluding other uses listed in this table	1 per 1,500 sf
Meat packing and poultry processing	1 per 1,500 sf
Medical equipment and supplies manufacturing	1 per 1,500 sf
Milling or canning of agricultural products, feed and flour mills	1 per 1,500 sf
Motor vehicle manufacturing	1 per 1,500 sf
Motor vehicle painting and body shops, exclusive of sales	1 per 1,500 sf
Office supply, inks, etc., manufacturing (except paper)	1 per 1,500 sf
Oil and gas well drilling	Parking analysis required
Paper manufacturing	1 per 1,500 sf
Petroleum and coal products manufacturing	1 per 1,500 sf
Printing/publishing	1 per 1,500 sf
Process plants (chemicals, and metals, machinery, and electronics manufacturing)	1 per 1,500 sf
Quarrying and stone cutting establishment	1 per 1,500 sf
Recycling centers	1 per 1,500 sf
Rendering and meat byproduct processing	1 per 1,500 sf
Research and development offices	1 per 1,500 sf
Sign makers	1 per 1,500 sf
Textiles	1 per 1,500 sf
Welding, tinsmithing and machine shop	1 per 1,500 sf
Wood or wood products manufacturing	1 per 1,500 sf
Warehousing and Storage Uses
Construction equipment storage	n/a
Express and shipment facilities	1 per 1,500 sf
Mini-storage warehouse	3 spaces
Natural gas distribution, flammable liquid, petroleum, bulk stations and terminals and above-ground storage	n/a
Outdoor storage of construction equipment, generally	n/a
Refrigerated warehouse or cold storage	1 per 1,500 sf
Solar energy facility	1 per 1,500 sf
Warehousing, storage, wholesale, and distribution facilities	Parking analysis required
Wind energy conversion systems (WECS)	n/a
Arts, Recreation and Entertainment
Adult business establishments	1 per 200 sf
Amphitheater, outdoor stage, bandstand, or similar structure	n/a
Amusement parks	Parking analysis required
Amusement, indoor	1 per 300 sf
Aquarium or planetarium	1 per 400 sf
Art gallery	1 per 400 sf
Artist studio	1 per 800 sf
Club, membership	1 per 400 sf
Community center	1 per 400 sf
Conference center	1 per 150 sf
Fairgrounds	Parking analysis required
Golf courses and clubhouses	Parking analysis required
Golf driving ranges (see outdoor recreation)	1 per 1.5 tee boxes
Golf, miniature	Parking analysis required
Historical association or society	1 per 800 sf
Indoor athletic facility	1 per 650 sf
Indoor athletic facility located in an existing building	1 per 1,000 sf
Museum/art gallery/cultural facility	1 per 400 sf
Parks and open space	n/a
Recreational vehicle parks/campgrounds	1 per 4 recreational vehicle or camping spaces
Skating rink – Ice or roller skating	1 per 500 sf
Sports stadiums and arenas	Parking analysis required
Temporary carnivals, rides, ferris wheels	Parking analysis required
Theater, drive-in	n/a
Theater, movie	1 per 4 seats
Theaters, performing arts	1 per 4 seats
Youth retreat	n/a
Education, Public Administration, Health Care, and Institutional
Cemetery	n/a
Civic assemblies, including churches/religious assemblies, clubs, lodges, meeting halls, recreation buildings, and community centers	1 per 4 seats or building capacity calculated by building standards
Community food and personal support services, nonresidential	1 per 800 sf
Community services, counseling and intervention	1 per 800 sf
Correctional institution facility	1 per 800 sf
Correctional office, parole/probation	1 per 800 sf
Cultural facilities	1 per 400 sf
Day care	1 per 800 sf
Day care facility (accessory to institution or business)	1 per 800 sf
Day care facility, accessory to dwelling	n/a
Funeral home or mortuary	1 per each 2 employees on the largest shift and 1 space per 4 seats
Government – Post office and postal substations	1 per 400 sf
Government – Public safety services	1 per 800 sf
Government facilities, other than offices	1 per 800 sf
Hospital	1 per 4 beds and 1 per each staff member (including visiting doctors)
Library	1 per 1,000 sf
Medical office or clinic	1 per 500 sf
Postal service receptacle pods designated on a plat or approved site plan	n/a
Schools, academic, continuance, alternative, adult, and technical, trade, and other specialty schools	1 per 500 sf
Schools, colleges and universities	1 per each staff member and 1 per 2 students
Schools, elementary or secondary	1 per 1,000 sf
Elementary and secondary schools	1 per each staff member
High schools	1 per each staff member and 1 per 4 students
Schools, nursery and preschool	1 per 500 sf
Social services	1 per 800 sf
Transportation, Communication, Information, and Utilities
Airport landing strip (field or strip only)	1 per 800 sf
Airport terminal	n/a
Bus, taxi, train or light rail depots, stations or dispatch facilities	n/a
Bus/truck maintenance, including repair and storage	1 per 1,500 sf
Freight terminals and truck terminals	1 per 1,500 sf
Heliport	1 per 1,500 sf
Parking lots, surface, accessory to principal use	n/a
Parking lots, surface, as principal use	n/a
Parking lots, pervious surface, as principal use	n/a
Parking lots, underground or structure, accessory to principal use	n/a
Parking lots, underground or structure, as principal use	n/a
Public transportation facility	n/a
Railroad facilities	1 per 1,500 sf
Stormwater management/flood control facilities	n/a
Utility Uses and Structures
Commercial incinerator	n/a
Cable networks and distribution	1 per 800 sf
Commercial radio, television, broadcasting and/or receiving towers	n/a
Communication or telecommunication equipment attached to a building	n/a
Communication towers	n/a
Communication towers – Architecturally integrated	n/a
Environmental monitoring stations	n/a
Gas or electric generation distribution facilities, compressor stations, or substations	n/a
Hazardous waste storage or treatment facility	1 per 1,500 sf
Power generation plants	Parking analysis required
Public utility storage and service yards	n/a
Radio and television broadcasting or recording studio	1 per 800 sf
Solid waste collection centers, solid waste transfer stations, recyclable materials, yard waste and similar items	n/a
Solid waste landfill	n/a
Utility facilities, principal use	n/a
Utility facilities, accessory to permitted use	n/a
Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other irrigation facilities	n/a
Agriculture
Agriculture (including raising of crops and pasturing livestock)	n/a
Animal production and support services	n/a
Concentrated animal feeding operations (CAFOs)	n/a
Farm product raw materials – Wholesale trade	n/a
Forestry, commercial	n/a
Noncommercial forestry or raising of vegetation/community garden	n/a
Grain or agricultural storage facility	n/a
Greenhouse or nursery	1 per 300 sf
Greenhouse, accessory to florist shop	n/a
Hatcheries and poultry houses	n/a
Livestock sales, and markets	n/a
Riding academies and/or stables (commercial)	1 per 1,500 sf
Stable, accessory to dwelling	n/a
Support functions for agriculture	n/a
Miscellaneous
Accessory uses	n/a
Signs	n/a
Telecommunication tower facilities, antennae locations, repeater stations, and distribution centers	n/a

1. For purposes of this section there will be considered to be two (2) sizes of off-street loading spaces. Each large space must have an overhead clearance of at least fifteen (15) feet, be at least twelve (12) feet wide and be at least fifty (50) feet long, exclusive of access or maneuvering area, platform and other appurtenances. Each small space must have an overhead clearance of at least twelve (12) feet, be at least twelve (12) feet wide and be at least thirty (30) feet long, exclusive of access or maneuvering area, platform and other appurtenances.

2. Off-street loading facilities must be located on the same building site on which the structure for which they are provided is located. Access, maneuvering area, ramps and other appurtenances must be furnished off the street right-of-way and so arranged that vehicles are not permitted to back from the property into the street. The number of required loading spaces which are adequate to serve the uses or categories of uses proposed must be in accordance with Table 18.30.160-3.

3. Off-street loading facilities must be constructed, maintained and operated in accordance with City standards and must be surfaced with concrete, asphaltic concrete or asphalt maintained in good condition, free of weeds, dust, trash and debris.

4. Where access and drives to off-street loading facilities occur in conjunction with off-street parking facilities that provide parking at street level for more than six hundred (600) cars, provisions must be made to maintain separate circulation routes within such facilities.

5. Any off-street loading facility will not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

6. For the purpose of determining the amount of off-street loading, or if the number of berths to be provided by such use is not readily determinable, the number of loading areas will be fixed by the Planning Commission.

7. When off-street loading facilities are gated, fenced or secured by any other means, staging or parking for tractor trailers, trucks, or other such delivery vehicles must be accommodated within a designated parking area on site. Staging of vehicles on public right-of-way is prohibited.

Loading Category	Gross Floor Area in Square Feet	Required Number
Institutional Uses
Schools Health/Medical, Recreational, Civic, Social, Religious	10,000 to 100,000	1
	For each additional 200,000 or fraction thereof	1 – Additional
Business Uses
Retail	5,000 to 25,000	1
	25,001 to 200,000	2
	For each additional 200,000	1 – Additional
Retail Services	5,000 to 10,000	1
	10,001 to 100,000	2
	For each additional 100,000 or fraction thereof	1 – Additional
Service/ Trade	10,000 to 200,000	1
Service/ Trade	For each additional 200,000 or fraction thereof	1
Service/Miscellaneous	5,000 to 25,000	1
	25,001 to 200,000	2
	200,001 to 400,000	3
	For each additional 100,000 over 400,000 or fraction thereof	1
Industrial Uses
	5,000 to 10,000	1
	10,001 to 40,000	2
	40,001 to 100,000	3
	For each additional 100,000 or fraction thereof.	1 – Additional

See Chapter 18.50 (drive-up/drive-through).

1. No person will initiate construction of a new parking lot or expansion of an existing parking lot without first obtaining a permit from the Public Works Department and reviewed by the Planning Division.

2. A parking lot permit is not required for the resurfacing or re-striping (painting) of an existing parking lot consistent with the current striping.

3. Application for a parking lot permit must be made on a form provided by the Public Works Department and will be accompanied by a site plan depicting:

a. The parking lot layout, including proposed striping;

b. Number and location of parking spaces, including handicapped spaces;

c. Structures on the same property;

d. Structures and parking areas on adjacent property;

e. Ingress and egress for the property;

f. Existing and proposed landscaping;

g. Grading, drainage and erosion and sedimentation control;

h. Parking lot lighting; and

i. All other information required by the Public Works Department and/or Development Services Department. (Ord. 19-74 § 6, 2019; Ord. 18-48 § 5, 2018; Ord. 17-52 §§ 11, 41, 2017; Ord. 15-16 § 3, 2015; Ord. 09-37 §§ 1, 3, 7, 10—12; Ord. 09-22 § 9, 2009; Ord. 08-105 § 2; Ord. 05-101 § 2; Ord. 02-54 § 2, 2002)

18.30.170 Parks/Open Space/Civic Space Standards

This subsection applies to any proposed development that –

1. Is required to provide parks, open spaces or civic spaces by Chapters 18.15 or 18.20, or

2. Is required to provide landscaping, buffer or screening spaces by Section 18.30.130 of this chapter.

Where the subdivision or development is less than forty (40) acres, public open space and school sites which are to be dedicated shall, where possible, be coordinated and combined with dedications from adjoining subdivision in order to produce usable recreational areas without hardship on a particular subdivider or developer. (Ord. 02-54 § 2, 2002)

1. This subsection applies to private open spaces such as landscape or screening tracts, residential subdivision entries, and to private greenways, parks, or common open space areas that are indicated on a proposed final plat.

2. The applicant shall provide a document that:

a. provides assurance of how the private open spaces will be maintained, and

b. identifies the organization (e.g. a homes association) that will be the legal entity with permanent responsibility and authority to install, maintain and repair the private open space, and

c. assigns responsibility to the entity identified in subsection b above to pay all expenses, including taxes and special assessments.

3. Said document shall be recorded with the Johnson County Register of Deeds office concurrent with the recording of the final plat. (Ord. 02-54 § 2, 2002)

18.30.180 Pedestrians, Sidewalks and Trails

1. Within the boundaries of and adjacent to a development, sidewalks shall be installed by the developer or builder in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects as follows:

Zoning District or Development Situation	Required where
R-2, R-3, R-4, N, O, C-1, C-2, C-3, C-4	Both sides of all arterial, service (commercial) and collector streets, local streets (public or private)
R-1	At least one (1) side of all local streets
M-1, M-2, M-3	At least one (1) side of service streets
Local streets serving neighborhood swimming pools, parks, schools, or existing or designated future transit stops	Both sides of public and private streets or as determined by the City Engineer
Large-lot subdivisions with lot areas at least 20,000 square feet without curb and gutter and street lights	Not required
Major internal access drives and streets within office, commercial and business park districts	Both sides

2. All sidewalks shall be at least five (5) feet in width.

3. Sidewalks shall be located:

a. In the platted street right-of-way, as approved by the City Engineer, and

b. In any required pedestrian easements.

4. Sidewalks along public and private residential streets for single-family developments will be constructed as part of the building permit and will be constructed prior to the building receiving a final certificate of occupancy. If the sidewalks cannot be installed due to adverse weather, a temporary certificate of occupancy may be issued for the building.

5. Sidewalks that are required along both sides of all public and private streets for all multifamily areas shall have all sidewalks complete for the approved phase prior to moving on to the next phase of development.

1. In residential developments, the developer shall provide accessways for pedestrian and maintenance purposes to greenways, parks and open space areas, and detention areas. The access shall conform to the following:

a. The accessway shall be provided where cul-de-sac streets back up to those areas, or to another cul-de-sac or similar nonconnecting street.

b. At least one (1) accessway shall be provided for every six hundred (600) feet where lots back up to those areas.

c. Accessways shall be a minimum of thirty (30) feet in width or shall be another alternative in conformance with adopted Technical Specifications and Design Criteria for Public Improvement Projects.

d. Accessways which are intended to provide access for both pedestrians and maintenance vehicles must provide a minimum of eight (8) to ten (10) foot wide paved surface in conformance with the Technical Specifications and Design Criteria for Public Improvement Projects.

2. Crosswalks shall comply with the Technical Specifications and Design Criteria for Public Improvement Projects.

1. Any street within a subdivision, which is indicated on the Trails & Greenways Plan as being a part of the trail system, shall be constructed with a widened sidewalk within the right-of-way and/or within a recreation easement paralleling the street.

2. Within the boundaries of subdivisions, open spaces, greenways or recreation easements shall be dedicated to the City when those areas are indicated in the Trails & Greenways Plan. The Public Works Department shall approve the location, configuration and final boundaries of the open spaces, greenways or recreation easements. Open spaces, greenways and recreation easements:

a. Shall be platted for the use of the public, and for the construction and maintenance of public trails, and

b. Shall be accessible to the public during normal park operations hours for such improvements and to City personnel for inspection and maintenance purposes.

3. Within the boundaries of subdivisions, trails shall be installed by the City within publicly dedicated open space, greenways or recreation easements when such trails are indicated in the Trails & Greenways Plan.

4. Within the boundaries of subdivisions, trails shall be:

a. Installed by the developer within publicly dedicated open space, greenways or recreation easements, or

b. Within private homes associations open space when the trails indicated on an approved preliminary plat are not indicated in the Trails & Greenways Plan.

5. All trails or widened sidewalks required by subsections C.1 through C.4, above, shall:

a. If publicly dedicated, shall comply with the applicable minimum design standards established pursuant to the Technical Specifications and Design Criteria for Public Improvement Projects manual, or

b. If private, shall have a minimum five (5) foot width and a minimum four (4) inch deep asphalt or concrete surface.

6. Within the boundaries of subdivisions, private homes associations may provide, own and maintain trails and walkways in open space areas not indicated in the Trails & Greenways Plan or not otherwise dedicated as public open space. These private trail and walkway connections may connect open space areas, neighborhood and adjacent perimeter destinations, and connectivity between cul-de-sacs in locations where direct internal street connections are not provided.

1. On-street bikeway improvements, including but not limited to bike lanes and “share the road” routes, shall be provided within the boundaries of subdivisions and where applicable along adjacent arterial and collector streets, when identified on the Major Street Map, Transportation Master Plan, Parks and Recreation Strategic Plan and/or other applicable plans to implement the City’s bicycle network.

2. Designated on-street bicycle facilities shall:

a. Comply with the on-road or shared path facility requirements of the AASHTO Guide for the Development of Bicycle Facilities, and

b. Have a minimum width of five (5) feet with curb and gutter, or four (4) feet without curb and gutter. (Ord. 17-52 §§ 12, 41, 2017)

18.30.190 Performance Standards

In some districts, performance standards capable of quantitative measurement are established. Except to the extent modified in the specific zoning district regulations, the following general provisions apply to measure compliance with those performance standards.

See Noise Control Ordinance (Chapter 6.18).

1. The Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines, shall be used to determine the density of equivalent opacity of smoke. The Ringlemann number indicated as the performance standard in certain zoning districts refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed.

2. Within the M-1, M-2 and M-3 zoning districts, no use shall be permitted or operated so that smoke darker than Ringlemann No. 1 is produced from any vent, stack or chimney. However, emission of smoke darker than Ringlemann No. 2 is allowed for a duration of up to four (4) minutes during any eight (8) hour period if the emission is located no closer than two hundred fifty (250) feet from property zoned AG, any residential zoning district, N, or the residential areas of planned developments.

3. Particulate matter emissions in excess of the threshold limit values caused by the wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting and other means, or shall be eliminated.

1. No use within a quarry or use within properties zoned M-1, M-2 and M-3 may generate any ground-transmitted vibration for three (3) consecutive minutes or more in duration in any one (1) hour in excess of one-tenth (0.10) inch per second measured at the property line, or in excess of two-one hundredths (0.02) inch per second measured at any residential property line. These values may be multiplied by two (2) for impact vibrations, i.e., discrete vibration pulsations not exceeding one (1) second in duration and having a pause of at least one (1) second between pulses. Vibrations are measured in particle velocity and are to be measured at the property line or other designated location.

2. A three-component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions shall be used to measure vibrations. Upon request of the City, the owner or operator of a use subject to this section will install said measuring system at the property line of the use or on the residential property of a complainant with the property owner’s consent.

3. The vibration maximums indicated as the performance standard in certain zoning districts must be measured directly with suitable instrumentation in accordance with the International Society of Explosive Engineers (ISEE) Field Practice Guidelines for Blasting Seismographs or other applicable guidelines for this type of measurement.

4. The provisions of this subsection shall not apply to vibration from:

a. The operation of motor vehicles, trains, and aircraft; or

b. Temporary construction activity that occurs between 7:00 AM and 7:00 PM; or

c. Blasting at a quarry or mine regulated under Section 18.50.160.

See Lighting (Section 18.30.135).

1. Within the M-1, M-2 and M-3 districts, direct or sky-reflected glare, from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property.

Within the M-1, M-2 and M-3 districts, heat from furnaces, processing equipment, or other devices shall be contained so that the temperature of air or materials is raised no more than five (5) degrees Fahrenheit as measured at all property lines.

Within the M-1, M-2 and M-3 districts, the maximum rate of emission of dust and other particulate matter from all sources within the boundaries of any lot or tract shall not exceed one (1) pound per hour per acre of lot area.

Within the M-1, M-2 and M-3 districts, the emission of air contaminants created by industrial processes shall comply with the Kansas Air Quality Act, K.S.A. § 65-3002 and any adopted state regulations. All air contaminants shall be contained so that no odors or fumes may be sensed at the property line of any residential zoning district.

Within the M-1, M-2 and M-3 districts, activity which creates any off-site electrical disturbance, or contributes to interference with electronic signals (including television and radio broadcasting transmissions) shall be prohibited.

Storage of toxic or flammable liquids such as gasoline, oil or grease, where not stored underground, shall occur in such a manner that a secondary storage system is provided with capacity as specified by the Fire Code. (Ord. 19-26 § 2, 2019)

18.30.200 Soil Stockpiles

This section applies to any soil stockpile, defined as excess soil gathered in a specific location. This typically occurs during construction, where soil is for storage, changing the natural grade, or creating proper building elevations.

Soil stockpiles shall not be located within a required building setback area.

1. Soil stockpiles shall not exceed fifteen (15) feet above existing natural grade.

2. For each additional twenty (20) feet of setback, the height may increase one (1) foot with a maximum height of thirty (30) above existing natural grade.

The slope shall not exceed a 3:1 ratio.

Stockpiles shall be seeded and comply with Title 17 (17.14 Erosion and Sediment Control) requirements.

18.30.210 Storm Water Management

The developer shall provide improvements necessary to adequately handle storm water in the form of storm or flood water runoff channels, basins and/or drainage systems.

All storm-water drainage systems shall conform to the Technical Specifications manual and Title 17 of the Municipal Code.

1. Where a public storm sewer is accessible, the developer shall install storm sewer facilities connecting to such systems.

2. All public storm-sewer systems shall be extended to the subdivision or development property limits.

1. Storm water detention basins or areas shall comply with the Technical Specifications and Title 17 of the Municipal Code.

2. Basins visible to the public shall be incorporated into the design as an amenity or focal point in the site design.

3. Detention/retention basins and ponds shall be landscaped around the perimeter. Landscaping should include native grasses, shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials. (Ord. 09-22 § 7, 2009)

4. Basins visible to the public or from adjacent property shall have a wet bottom design. The need to provide water movement should be handled creatively with such elements as spray fountains or waterfalls.

5. Dry basins in public view are allowed if designed as a primary focal element of the site as an extensively landscaped open space. Dry bottom basins shall be designed so the slopes and bottoms can be easily maintained. The bottom shall be sloped adequately to ensure proper surface drainage. Casual water flow should be piped underground. If properly designed and maintained, dry bottom basins may be designed as wetlands to remove non-point source pollutants from storm water runoff.

6. Geometric basins with constant side slopes are allowed only in areas not visible to the public or from adjacent property. Geometric basins shall be easily maintained and routinely mowed.

7. When fencing is required or provided, fencing shall be a decorative material that coordinates with other elements on the site, such as stone or brick columns. Fencing shall be open to allow views into and across the landscaped detention area.

The developer shall provide a performance and maintenance bond, a letter of credit or other surety acceptable to the City as required by Title 17 of the City of Olathe Municipal Code to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development’s streets and sidewalks remain free of debris (e.g., dirt, mud, gravel, etc.) during all phases of construction.

18.30.220 Streets

The developer shall install all streets, including curbing, within the boundaries or adjacent to a subdivision. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the City Engineer.

All street construction shall conform to the Technical Specifications and Design Criteria for Public Improvement Projects and this section.

To establish building or setback lines on existing and proposed major streets within the City and prohibiting any new building being located within the building or setback lines, the Governing Body, pursuant to the authority of K.S.A. 12-765, adopted an ordinance establishing building or setback lines on existing and proposed major streets, prohibiting any new building being located within the building or setback lines. This ordinance incorporates by reference the Major Street Map, with its supplementary documents, which sets forth the major street plan for the City and shows, to the extent possible, the location and width of existing or proposed major streets or highways and right-of-way widths. At least three (3) copies of the Major Street Map together with the adopting ordinance are on file and available for inspection in the offices of the City Engineer and the City Clerk.

A certified copy of the Major Street Map and adopting ordinance shall be filed with the Records and Tax Administration of Johnson County, Kansas.

In measuring any required yard or lot area, those portions of a lot which lie in an established or proposed street right-of-way as defined on the Major Street Map and supplementary documents are not counted as part of any of the required yard or lot area.

The building and setback lines for existing and proposed major streets and highways shall be those building and setback lines established by the applicable provisions of the Unified Development Ordinance (UDO) and Olathe Municipal Code.

All access from driveways, private streets and public streets onto adjacent properties shall conform to and be subject to the Access Management Plan.

The Major Street Map may be amended by ordinance in accordance with K.S.A. 12-765. The Access Management Plan may be amended by resolution by the Planning Commission and the Governing Body. Building and setback lines may be amended in accordance with the requirement of the Unified Development Ordinance (UDO) and state statutes on zoning and platting.

a. Proposed new streets shall be designed and located in relation to existing and planned streets, topographical conditions and natural terrain features such as streams and existing tree growth, to promote public convenience and safety, and in appropriate relation to the proposed uses of land to be served by the streets.

b. All streets shall be properly integrated with the existing and proposed system of collector and arterial streets, and dedicated rights-of-way, as established on the Major Street Map, Transportation Plan, and Access Management Plan and this ordinance, or as directed by the City Engineer.

c. All service, collector and arterial streets shall be properly related to special traffic generators such as industries, business districts, schools, churches and shopping centers, population densities, and the pattern of existing and proposed land uses.

d. In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

e. All streets within subdivisions shall conform to the Technical Specifications and Design Criteria for Public Improvement Projects.

f. A fire apparatus access road shall reach one hundred fifty (150) feet of any portion of an exterior building, as required by the Fire Code and subsection C, below.

g. The final street design and arrangement of the development shall be completed in accordance with the Major Street Map, Transportation Plan, Access Management Plan, Technical Specifications and Design Criteria for Public Improvement Projects and applicable corridor studies and plans.

h. All streets whether platted as public or private shall be built to City standards.

i. All setbacks are measured from the edge of pavement.

Street layouts should respond to local conditions such as topography, watercourses, greenways and the existing street systems of neighboring developments. Local street patterns may discourage through traffic, but should also include interconnecting streets with alternative routes throughout the neighborhood to diffuse automobile traffic and shorten walking distances. A well connected street network shall be provided to spread traffic efficiently, and to provide greater opportunities for access and circulation of motor vehicle, pedestrian, and bicycle modes of travel.

(1) Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall provide for the extension of streets into the unsubdivided areas.

(2) Parcels shall be arranged to allow the opening of future streets and logical further subdivision.

(3) Proposed streets shall be extended to the boundary lines of the tract to be subdivided or developed, unless prevented by topography or other physical conditions, or unless the Planning Official determines that the extension is not necessary or desirable for the coordination of the layout of the subdivision or development with the existing layout or the most advantageous future development of adjacent tracts.

(4) At least one (1) street shall extend to the boundary line of the tract for each six hundred sixty (660) linear feet of the boundary line with adjoining tracts. This section does not require designated local streets to extend into floodplains, bluffs or other natural features or existing development that does not accommodate the connection.

(1) The following terms are defined for purposes of this subsection only:

Street Link	That portion of a Street that lies between 2 nodes.
Node	The intersection of two (2) or more streets, a cul-de-sac head or a dead-end. The following are not considered Nodes: • An eyebrow. An eyebrow is a semicircular shaped portion of a street that is configured so that a circle with a radius of thirty (30) feet can fit within the confines of the paved portion of the surface. • The intersection of a local street within the proposed subdivision with an external public street that connects to the proposed subdivision is not considered a node in computing the connectivity ratio.
Pedestrian Connection	A pedestrian accessway or portion of a development’s trail system that: • Complies with Section 18.30.180.B and C, and • Connects a dead-end street, cul-de-sac, or T-intersection to another public street or to a commercial or office development that is built, approved, or designated as part of the proposed development. Pedestrian accessways or trails that connect only to parks, greenways or recreational areas are not counted as a pedestrian connection for purposes of calculating the connectivity ratio.
Street	See Section 18.90.020.

(2) Streets within any proposed residential subdivision shall provide a connectivity ratio as provided below. The connectivity ratio is computed by dividing the number of street links and pedestrian connections by the number of nodes within the subdivision.

(3) The Planning Commission may modify the connectivity ratio (see Section 18.30.020.B) by counting a feature as a street link or pedestrian connection or reducing the required ratio if:

(a) Existing topography or natural features make the required number of connections impractical, and

(b) The applicant provides alternative solutions that substantially accomplish the purposes of this section.

Site Design Category (see Chapter 18.15)	Connectivity Ratio (minimum)
1 (Conventional Neighborhood)	1.2
2 (Conservation Neighborhood)	Not applicable
3 (Neighborhood Center/Urban Center/TOD/Mixed-Use Residential Neighborhood)	1.6
4-6 (Commercial/Office/Industrial)	Not applicable

(Street standards begin on next page)

The minimum right-of-way, horizontal curves, gradients and miscellaneous widths for streets shall be in conformance with the Technical Specifications and Design Criteria for Public Improvement Projects. Horizontal curves and gradients can be varied subject to approval by the City Engineer.

Conventional street design standards apply to the following site design composite standards (see Chapter 18.15): 1 (Conventional Neighborhood), and 4-6 (Commercial/Office/Industrial):

a. Additional width is required where needed to comply with the Fire Code, Appendix D, unless the buildings are equipped with an automatic sprinkler system that complies with the Fire Code.

b. The actual right-of-way varies based on the functional classification, and the provision of other elements to support the type and density of adjoining land uses including parallel or angled on-street parking, buffer planting zones with landscape and streetscape materials, pedestrian zones and sidewalk widths, on-street bike facilities, and medians.

c. Minimum right-of-way width for all public streets shall comply with the intersection dimensions adopted as part of the Major Street Map.

d. Curb cuts are not allowed on controlled access routes.

1. The intersection of more than two (2) streets at one (1) point is prohibited.

2. All intersection geometry and spacing shall be in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects.

3. “T” intersections (three (3) way) are allowed for all streets. A “T” intersection for arterials and highways requires approval by the City Engineer.

1. Two (2) sight triangles are needed at each quadrant of the intersection of two (2) streets, public or private and commercial entrances in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects.

2. Sight triangles are used to limit the location of and height of vegetation, structures, fences, walls, and other items at intersections. Any items in the triangle shall be no higher than twenty-four (24) inches, or lower than nine (9) feet above. Power poles, city signs, trees may be acceptable as long as they are less than eighteen (18) inches wide. Items that cause a sight restriction should be removed, or (in the case of vegetation) trimmed.

3. Sight triangles are not to be used for intersection design – intersection sight distance and stopping sight distance shall be in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects.

4. Exception may be made in the “D” Downtown District, to streets designed under the Compact Street Design option, or to signalized intersections, as approved by the City Engineer.

Reverse curves shall be in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects.

The following criteria apply to cul-de-sac street design:

1. The length of cul-de-sac streets shall not exceed seven hundred fifty (750) feet, measured from the nearside right-of-way line of the intersection street to the center of the cul-de-sac turnaround. Before granting any modification to this provision (see Section 18.30.030), the approving agency shall consult the fire code official.

2. Turnaround right-of-way shall be in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects.

3. The terminus shall include a paved radius of at least forty-eight (48) feet.

1. A temporary turnaround shall be constructed in accordance with the Technical Specifications and Design Criteria for Public Improvement Projects and the Fire Code, Appendix D. The fire code official or City Engineer may approve a smaller turnaround radius where justified by the existing street geometry, topography, traffic volumes, or similar considerations.

1. No plat containing proposed private streets shall be approved by the Planning Commission unless the proposal to utilize private streets has been previously approved by the Governing Body and adequate assurances are provided to maintain the streets.

2. Private streets shall comply with Appendix D of the Fire Code and the Technical Specifications and Design Criteria for Public Improvement Projects.

3. Private streets shall be designated as a separate tract or tracts under common ownership on the plat and inspected by the City.

4. Public access easements shall be dedicated to assure adequate access to all adjacent property owners and the general public being served by the private street for government agencies and public utilities consistent with access provided elsewhere by public streets.

5. All street setbacks are measured from edge of pavement.

See Section 18.30.050.

1. Median strips, which are part of a dedicated public right-of-way, may not be used for any purpose other than by the City or a public utility.

2. A developer or property owner may beautify a median strip with landscaping which conforms with sight distance, and has submitted documentation of the entity which will have permanent responsibility for maintenance and liability of the improvements. Landscaping installed in median strips shall conform with Section 18.30.130.

3. Subdivision entranceways which have a local or collector street intersecting with an arterial street, or a street of higher functional classification, shall be designed at a minimum of sixty (60) and seventy (70) feet in width, respectively, by one hundred forty (140) feet in length. Such entranceway shall accommodate at least one (1) entrance and three (3) exit lanes.

1. If a proposed subdivision abuts a public street or a proposed public street as indicated on the plat or the Major Street Map, and adequate right-of-way does not exist for the street or proposed street in accordance with the standards set forth in Chapter 12.04 of the municipal code, and this section, or other right-of-way requirements established by a transportation corridor study, traffic analysis or area plan accepted by the City, the City Engineer shall make an individualized determination of the subdivider’s responsibility to dedicate to the City, without charge, the right-of-way that is necessary to conform to the indicated right-of-way requirements.

2. Any such dedication shall be shown on the preliminary and final plat.

3. Any determination to require dedication of right-of-way shall be based upon the existence of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, and the existence of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development. (Ord. 17-52 §§ 13, 41, 2017)

18.30.230 Street Lighting

Any person, firm, corporation, subdivider, developer or owner who is responsible for any new public street construction within the City shall procure and install street lighting. Street lighting shall comply with the Technical Specifications and Design Criteria for Public Improvement Projects.

All street lighting circuits shall be placed underground.

1. The contractor or developer shall submit a performance and maintenance bond on all street lighting projects before beginning construction.

2. The amount of the surety shall be for the full amount of the project.

3. If surety is given in the form of a bond, it shall remain in effect for a period of two (2) years after the date of completion and acceptance of the construction.

The applicant shall pay the cost for the street light materials and installation. (Ord. 17-52 §§ 14, 41, 2017)

18.30.240 Tree Preservation

Purpose: These regulations recognize the need to alter the landscape during site development activities, while setting out standards necessary to ensure tree preservation and protection of environmentally sensitive areas to the greatest extent possible. This section balances the City’s tree preservation goals with market and permit streamlining objectives by giving applicants the option to survey individual trees to protect tree stands, and to provide off-site mitigation in lieu of preserving trees on site.

1. This section applies to applications for subdivision plat or site development plan approval.

2. This subsection does not apply to the “D” (Downtown), “N” (Neighborhood), “TOD” (Transit-Oriented Development), or “PR” (Planned Redevelopment) zoning districts.

This subsection designates the types of trees that are subject to protection under this section, and establishes a threshold trunk size, measured in diameter at breast height (DBH), for various tree species.

a. A significant tree means a tree of eight (8) inches or greater, as measured four and one-half (4½) feet above the ground, for all tree species except for non-native invasive species.

b. The applicant may omit trees that are not considered significant from the tree survey.

a. The table below establishes the minimum percentage of all diameter inches or percent tree canopy of significant trees that must be preserved or mitigated. For single-family dwellings, developers and builders may elect to preserve trees at the platting or building permit stage. If a developer or builder elects to preserve at the platting stage, this method must be used throughout completion of the project.

	Single-Family Dwellings	Multi-family and Nonresidential Uses
Significant Trees	25% within each platted lot, excluding street right-of-way and easements.	30% within the entire site excluding the street rights-of-way and easements.
100-year floodplain	50% of all the trees within the floodplain. This applies toward preservation requirements on the remainder of the lot.	50% of the trees within the floodplain. This applies toward preservation requirements on the remainder of the site.
Mitigation Maximum	Up to 90% of significant trees may be mitigated rather than preserved.	Up to 90% of significant trees may be mitigated rather than preserved.

All percentages relating to preservation stated within this section are based on the tree survey. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total diameter inches of protected trees as indicated by the tree survey.

As an alternative to a tree survey, a tree stand delineation may be used to meet the preservation requirements (see submittal requirements Chapter 18.94). In order to use this provision, the site must have area(s) of tree canopy that meet the woodlands criteria as set forth below and must contain existing native understory vegetation.

A “woodland” is an area of contiguous wooded vegetation where trees are at a density of at least one (1) significant tree per 500 square feet of land and where the branches and leaves form a continuous canopy. A woodland must include areas with a continuous canopy of trees over an area of at least twenty thousand (20,000) square feet and with any dimension being at least 35 feet. A woodland may be delineated through an aerial photograph or a ground survey. A woodland must include both understory and protected trees.

A tree stand delineation must meet the following standards:

(1) A tree preservation plan submitted at the master development plan stage must preserve a minimum of 20 percent of contiguous tree canopy with the understory.

(2) Tree save areas must be designated as such when the area is platted or in a preliminary site development plan.

(3) Tree canopy area(s) to be preserved as tree save area(s) must include environmentally sensitive areas that are present on site; including steep slopes, drainage areas, riparian buffers, or corridors along arterial and collector streets.

1. An applicant who selects the Tree Designation Alternative must submit a tree survey and photogrammetric documentation indicating the size and common name of trees within the application area. The survey must identify by common name and indicate by caliper size each Significant Tree.

2. The tree survey must be prepared on a topographic survey of the site to establish the tree elevation at the trunk and the drip line for individual trees and at the edge of the drip line for wooded areas.

1. The developer must prepare and present a tree preservation conservation plan and statement of intent at the time of a pre-application meeting or submittal of this information with application for a plat, rezoning or final site development plan.

2. The conservation plan must:

a. identify the general location and massing of wooded areas, areas with dense shrubbery, and isolated individual mature hardwood trees,

b. designate which areas or trees are to be preserved and which are to be removed;

c. identify the location of all site improvements, buildings, general utility locations, and preliminary site grading,

d. indicate which trees and wooded areas are to be protected and the measures proposed to protect them during the construction phase.

1. Existing trees and their root zones that are to be saved must be protected from all construction activities, including earthwork operations, movement and storage of equipment and vehicles and placement of construction materials and debris. No structure will encroach within/over a tree preservation easement.

2. Erosion protection measures may be required to prevent siltation of the tree preservation areas during construction.

3. Every effort must be made to locate utility easements away from tree preservation areas. However, utility easements may be located adjacent to tree preservation areas as long as adequate clearance and protection is provided for the tree preservation area during the installation of the utilities adjacent to the tree preservation easement. When utilities or infrastructure systems must cross tree preservation areas, every effort must be made to minimize tree removal in such areas. If the removal of trees within these areas is determined to be excessive, the Planning Official may require the developer to replace the trees or pay into a Tree Preservation Escrow.

4. To ensure protection of tree preservation areas, protection zones must be delineated on plats, rezoning and final site development plans. During the construction process, the protection zones must be identified on the property using standard orange barricade fencing or comparable fencing material. The fencing must be four (4) feet in height and supported by metal channel posts spaced at a minimum of ten (10) feet on center. The fencing must be placed around all trees or wooded areas to be protected and remain erect and secure throughout all construction phases.

5. A tree preservation plan and statement of intent is required prior to removal of twenty (20) percent of existing woodland area or more when not associated with a pending development case. This requirement pertains to all properties zoned residential or used as a residence in excess of ten (10) acres and all other properties in excess of five (5) acres in size.

A credit may be granted for all existing hardwood and evergreen trees indicated to be preserved. Trees that measure from two and one-half (2½) to eight (8) inches in caliper, as measured four and one-half (4½) feet above ground level, may be credited on a one (1) tree for one (1) tree basis. Trees that measure greater than eight (8) inches in caliper may be credited on a two (2) tree for one (1) tree basis. Credited trees may only be located in that portion of the development project where new tree plantings are otherwise required, or in a Type “N” buffer as designated in Section 18.30.130. Tree credits will not be granted if one (1) of the following conditions exists:

1. Trees posing imminent danger to the public health, welfare or safety of the residents of the City of Olathe. In those instances, the Planning Official may give verbal authorization to remove the trees.

2. Trees that are diseased, injured, in danger of falling, or too close to existing or proposed structures.

3. Trees interfering with existing utility service, or creating unsafe vision clearance.

1. Any tree or trees removed from within an approved tree preservation area must be replaced with similar species or other hardwood species.

2. Replacement trees must meet the minimum requirements for trees as defined in subsection B above at the rate of one (1) inch caliper of replacement tree for every one (1) inch caliper of tree removed.

3. In lieu of protecting trees on-site, the applicant may provide a cash escrow equivalent to one and one-half (1½) times the monetary value of the tree or topsoil removed or destroyed up to a maximum of ten thousand dollars ($10,000) per occurrence. Monetary value is to be determined by referring to current tables and formulas produced by the Council of Tree and Landscape Appraisers. The developer or owner will incur the cost for the appraisal to be completed by a certified arborist using the International Society of Arboriculture Manual of Plant Appraisal. The Tree Preservation Escrow Account must be used to install new trees on City-owned and publicly accessible property or rights-of-way.

Property owners may not remove trees meeting the minimum requirements for tree preservation unless mitigation is provided (see subsection G, above). (Ord. 19-74 § 7, 2019; Ord. 15-16 §3, 2015; Ord. 09-22 § 14, 2009; Ord. 02-54 § 2, 2002)

18.30.250 Underground Utilities

Utility wires and cables shall be placed underground in subsurface conduits or other suitable and acceptable method of underground installation when they are installed or replaced for electric, communication or other similar or associated service as part of:

a. New construction of a structure; or

b. Construction of an expansion greater than fifty (50) percent of the square footage of an existing structure; or

c. Reconstruction of an existing structure damaged greater than fifty (50) percent of its fair market value as set by the Johnson County, Kansas Appraiser.

This section does not apply to:

a. Electric power lines rated at or above “feeder” line class;

b. Any telecable, communication or other similar or related service lines rated at or above “trunk” line class;

c. Existing poles, overhead wires and associated overhead structures, when part of a continuous line, or existing services to individual properties from an existing overhead line. All future extensions or service connections from these lines shall be placed underground. This chapter does not prevent the replacement of poles, overhead wires and associated overhead structures on these lines when necessary to maintain the line or upgrade the line’s capacity, or, in the case of single-phase lines, the addition of necessary facilities to three (3) phasing of the line;

d. Radio and television antennas;

e. Existing overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building, or to an adjacent building without crossing a property line;

f. Poles used exclusively for street or area lighting or for traffic-control facilities;

g. Service terminals, transformers, regulators, meters or other on- and above-ground facilities normally used with and as a part of an underground distribution system;

h. Electric substations and the accompanying equipment and apparatus necessary to provide adequate electric service.

The underground installation shall meet existing safety standards prescribed by the City Council, based upon the National Electric Code (NEC).

1. The applicant shall make the necessary arrangements to install underground facilities, including circuits for street lights and traffic signals that are required by the City.

2. The arrangements shall be made with each of the companies or persons supplying the electrical and communications service to the development, in accordance with the established charges of the company or person.

3. Letters from each company or person, indicating that these arrangements have been made, shall be submitted to the Planning Division at the time the final subdivision plat or site development plan is filed.

1. The Planning Official may temporarily waive a requirement of this section if:

a. The waiver is the minimum necessary to mitigate an unnecessary hardship due to site constraints, or

b. The revisions assure compatibility with land owners within two hundred (200) feet of the boundary of the area, or

c. Temporary electrical power or communication service is reasonably required for emergencies or for building construction purposes, or

d. For other temporary purposes.

2. A temporary waiver allows the applicant to erect, construct, install or maintain poles, wires and other overhead structures for a period not to exceed one hundred twenty (120) days.

3. If the purpose for which the temporary waiver is granted cannot be completed within the period provided above, the Planning Official may approve an additional temporary period or periods necessary to allow completion of such construction. Grounds for an extension of time including a shortage of material, a natural disaster, strikes or other circumstances beyond the control of the parties, or unusual hardships.

Persons or utility providers required to place cables and wires underground may appeal by submitting a written request for a variance from the Board of Zoning Appeals. The Board may grant full or partial relief based on good cause such as the following factors:

1. Character of surrounding neighborhood and whether wires and cables are underground.

2. Extremely high cost of placing the wires and cables underground in relation to the proposed development.

3. Potential of serious environmental or aesthetic damage such as the removal of significant numbers of trees.

Notwithstanding any other provisions of this chapter, the City Council may grant special exceptions on a permanent or temporary basis to this section on terms that the City Council deems appropriate in cases of emergency or unusual circumstances to any party to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures.

The utility, its successors and assigns, shall save and hold harmless the City of Olathe, Kansas, from all liability, costs, damages, and expenses of every kind, for the payment of which the City may become liable to any person, firm or corporation by reason of any negligence by the utility in the construction, maintenance and operation of its utility system within the City of Olathe.

The installation, placement or maintenance of any and all underground electrical or communication wiring or associated structures or facilities, whether above or underground, is prohibited in all floodplains, flood-prone areas, drainage easements, major drainageways, or any other area where the possibility of standing water exists. Where electrical or communication service wiring must cross those areas, easements or ways, they must be elevated and installed to be reasonably free from flood or storm water runoff damage.

The words and phrases used in this section have the following meanings:

Includes, but is not limited to, poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, line transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground, upon, along, across or over the streets, alleys and easements, and used in supplying electric, communication or similar or related service.

That portion of an electrical circuit which provides power from a power substation and which has a rated capacity of three thousand (3,000) KVA or greater.

Those utility lines within a distribution system with a three-quarter (0.75) inch diameter. (Ord. 17-52 §§ 15, 41, 2017; Ord. 02-54 § 2, 2002)

18.30.260 Water and Sewer

1. All water and sewer systems shall comply with Title 13 of the City Code and any applicable requirements of the Technical Specifications.

2. All water and sanitary sewer mains shall be extended to the subdivision or development property limits

1. The developer shall install adequate water supply facilities (including fire hydrants), subject to the Technical Specifications and applicable National Fire Protection Association (NFPA) standards.

2. All water main extensions shall be approved by the City Engineer consistent with Title 13 of the City Code.

3. New or related subdivision or development shall tie into existing water supply systems.

1. Subdivisions shall include sanitary sewer service except in areas where the City or the Johnson County Wastewater District has not established sewer availability.

2. Sanitary Sewers will be installed by the developer and accepted by the City of Olathe prior to the issuance of any building permit.

3. All sanitary sewer extension permits shall be subject to the approval of the Kansas Department of Health and Environment.

4. Where sewer service has not yet been established by the City or the Wastewater District, alternative sanitary sewerage systems are subject to the approval of the City and/or Johnson County Environmental Department.

5. All sanitary sewer mains shall be extended to the subdivision or development property limits.

18.30.270 Yards and Setbacks

Purpose: This section establishes general rules and exceptions for building setbacks and required yards.

This section applies to any yard or setback required by this title.

1. Every part of a required yard shall be unoccupied and unobstructed by any portion of a structure from the ground upward, except as provided in subsection D, below.

2. In measuring a yard to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and the building applies.

3. Where lots abut a street that is designated as an arterial street on the Major Street Map, all yards abutting the street are measured from a line one-half (½) the proposed right-of-way width from the centerline or from the lot line, whichever provides the greater setback.

4. On other lots, all yards abutting a street are measured from a line twenty-five (25) feet from the centerline, or from the lot line, whichever provides the greater setback.

5. Required yard means that portion of any yard constituting the minimum area required in any zoning district, but excluding that portion of the yard in excess of the minimum required area.

1. Front yard means a yard across the full width of the lot extending from the front line of the main building to the front lot line. A corner lot has a front lot line on that street on which it has its least dimension.

2. Rear yard means the yard between the rear lot line and the rear line of the main building and the side lot lines.

3. Side yard means a yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.

4. Corner lots are on the junction of and abutting two (2) or more intersecting streets. Corner lots shall have a side yard of at least twenty (20) feet on the street side.

The features designated and as conditioned below may encroach into a required yard:

Feature	Yards Where Encroachment Is Permitted	Maximum Encroachment	Minimum Setback
Arbors (maximum footprint of 80 sf and maximum height of 12 feet)	Front/rear	6 feet into yard	0 feet
Basketball goal	Any yard	No restriction	10 feet (front yard) 3 feet (side yard)
Building projections including window sills, belt courses, cornices, chimneys, buttresses, eaves, spouts/gutters, brackets, pilasters, grill work, projecting windows, trellises, bays, bows, oriels, dormers and similar ornamental architectural features	Any yard	30 inches into yard	--
Canopies, freestanding	Front	6 feet into yard
Residential decks, patios, or porches whether unenclosed, covered or uncovered	Front/rear	6 feet into yard	--
Clothesline (up to 2 poles)	Rear/side	No restriction	10 feet
Driveways	Any yard	No restriction	2 feet
Equipment, ancillary (residential or mixed use districts)	Interior side/rear	No restriction	0 feet
Equipment, ancillary (nonresidential districts)	Interior side/rear	No restriction	0 feet
Fire escape/enclosed outside stairway/handicap ramps required by the building code	Side	½ yard width, up to 5 feet from building	--
	Rear	5 feet into rear yard
Flag pole	Any yard	No restriction	10 feet
Garages, attached or detached and loaded from an alley	Rear	No restriction	0 feet
Gates	Any yard	No restriction	0 feet
Greenhouses	Rear/side	No restriction	10 feet
Light poles	Any yard	No restriction	0 feet
Playground equipment, trampolines	Rear yard	No restriction	5 feet
Unenclosed open pools and spas up to 20 feet from a dwelling unit on an abutting lot	Rear/side	No restriction	5 feet
Pier, awnings, steps, structural overhangs or projections enclosing habitable living space, or similar architectural features and awnings	Any	No restriction	0 feet
Ramps for citizens with impairments	Any	No restriction	0 feet
Retaining walls	Any	No restriction	0 feet
Sidewalks	Any	No restriction	0 feet
Signs (subject to Chapter 18.50)	Any	See Chapter 18.50	See Chapter 18.50
Stormwater detention or retention facilities or ditches, unless the Planning Official finds that underground stormwater management facilities are not currently available	Rear (N, C-1 districts)
Any yard (all other districts)	No restriction	0 feet
ATMs	Any	No restriction	10 feet
Wing walls, stoops, landings, balconies, patios, and decks	Any yard	30 inches into yard	--

If platted setbacks in a plat approved by the City are more restrictive than the yard requirements set forth in this title, the platted setbacks control. Building permits shall not be issued for any building or structure outside of the platted setback.

In residential districts where lots comprising forty (40) percent or more of the frontage on the same side of a street between two (2) intersecting streets (excluding reverse corner lots) are developed with buildings having front yards that vary up to ten (10) feet in depth, the average of those front yards is the minimum front yard depth for the entire block. However, where a recorded plat shows a setback line which otherwise complies with the requirements of this title, but which is less than the established setback for the block as provided here, that setback line controls.

The yard requirements may be adjusted by the specific zoning district (such as the “D” Downtown district) or conditions of approval to a planned development rezoning.

1. Where the rear lot line of a commercial or industrial district coincides with a railroad right-of-way line, the rear yard may be reduced to five (5) feet.

2. Where the rear yard and/or side yard of two (2) or more commercial or industrial storage areas or lots abut each other, the rear yard and/or side yard setbacks of each abutting storage area or lot area only may be reduced to a zero (0) foot setback. The remaining portion of each rear yard or side yard setback not occupied by a storage area or lot shall comply with the height and area regulations and landscaping of the zoning district. However, the storage areas shall comply with the landscaping and buffer requirements of this chapter. If the commercial or industrial storage area or lot is removed as a use from the property, the rear yard and/or side yard setback will revert back to the height and area regulations of the zoning district and landscaping requirements of this chapter.

3. Existing commercial and industrial lots wishing to reduce rear yard and/or side yard setbacks shall follow the City’s administrative review application process established by the Planning Division. Vacant commercial and industrial lots preparing for development and wishing to reduce the rear yard and/or side yard setbacks shall follow the City’s final site development plan application process.

Corner lots shall have a minimum width of seventy (70) feet to provide appropriate building setback from both streets.

See subsection C, above, for yard requirements.

Corner lots shall provide traffic sight distance triangles, measured along the edge of the pavement, in accordance with Section 18.30.220. (Ord. 20-40 § 2, 2020; Ord. 17-52 §§ 16, 41, 2017; Ord. 15-16 § 3, 2015; Ord. 02-54 § 2, 2002)