Overland Park City Zoning Code

18.250 C-O

Office Building District and CP-O Planned Office Building District

18.250.010 Statement of Intent

The zoning of property as C-O, Office Building District or CP-O, Planned Office Building District, is intended to provide for restricted commercial development, limited to office uses and certain service and retail uses compatible with offices.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.250.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses, subject to the development and performance standards set forth in 18.250.050:

A.
Offices for the administrative and management functions only of businesses and civic organizations.
B.
Services, limited to the following:
Accounting and bookkeeping;
Advertising;
Banks and financial institutions;
Broadcasting studios;
Business machine services (including photocopy, telefacsimile, computer and data processing);
Consulting services;
Employment services;
Engineering, architects and designers;
Information services;
Insurance;
Investment services;
Labor unions and business associations;
Legal services;
Medical and dental offices;
Medical and optical labs;
Postal services;
Public and private utilities;
Real estate;
Securities and commodities brokers;
Travel agents.
C.
Marketing, display or repairs of business equipment, medical equipment, medical supplies, pharmaceuticals and cosmetics.
D.
Day care centers and preschools.
E.
Institutions of higher learning and classrooms for business and professional schools.
F.
Accessory uses as provided in 18.390.
G.
Restaurants in an office park with at least 150,000 square feet of office building floor area.
H.
Communication Facilities
1. 1.
  Antennas mounted on existing buildings and water towers.
2. 2.
  Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
I.
Utility structures.
J.
Roof-mounted wind turbine(s) and wind turbines mounted on parking lot light poles.
K.
Churches, publicly-owned and operated community buildings, museums and libraries.

(History: Ord. ZRR-3355 §5, 2022; Ord. ZRR-3134 §18, 2016; ZRR-2994 §1, 2013; ZRR-2895 §1, 2011; ZRR-2836 §8, 2010; ZRR-2262 §10, 2001; ZRR-2004 §5, 96; ZRR-1725; ZRR-1637; ZRR-1193; ZRR-889 §18.20; ZRR-412 §20,37)

Effective on: 1/1/1901

18.250.030 Height and Area Regulations

The height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-O, the height of buildings or structures shall not exceed 30 feet.
2. 2.
  In District CP-O, there shall be no maximum height.
B.
Minimum front yard -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of the development plan approved prior to January 1, 2010).
C.
Side yard setbacks:
1. 1.
  Setbacks from an interior side lot line:
  1. a.
    Buildings not exceeding 18 feet in height -- 7 feet;
  2. b.
    Buildings not exceeding 30 feet in height -- 10 feet;
  3. c.
    Buildings in excess of 30 feet in height -- 20 feet.
2. 2.
  Setbacks from street-side side lot lines -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of a development plan approved prior to January 1, 2010).
D.
Minimum rear yard -- 30 feet.

(History: Ord. ZRR-2848 §18, 2010; ZRR-1725; ZRR-1637; ZRR-1018; ZRR-889 §18.02)

Effective on: 1/1/1901

18.250.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §23, 2023; Ord. ZRR-2848 §19, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-1040; ZRR-889 §18.20)

Effective on: 1/1/1901

18.250.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.

Business Use:

1.
All business shall be conducted within the building, except as follows:
1. a.
  Financial institutions may be permitted drive-up or walk-up service as part of final development plan approval in District CP-O.
2. b.
  Day-care centers and preschools may be permitted outdoor activity areas as part of final development plan approval in District CP-O.
2.
Areas devoted to the display of business equipment, medical equipment, medical supplies, pharmaceuticals or cosmetics shall not exceed 50% of any tenant space. Areas devoted to repair services shall not exceed 10% of any tenant space. No over-the-counter sales shall be permitted except as provided in 18.390.060. Storage of the permitted items shall not constitute warehousing or distribution in the normal sense but shall be limited to that quantity of stock necessary for the normal administrative, service and sales function of the business.

Retail sales of goods and services:

1.
No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than passenger cars shall be stored outside a building in this district for more than twenty-four hours in a 30-day period.
2.
Where pharmacies or optical shops are permitted as an accessory use as provided in 18.390, there shall be no direct exterior entrance to the pharmacy.

Restaurant - A restaurant is allowed as a detached accessory building in an office park that consists of at least 150,000 square feet of office building floor area. One single-tenant restaurant building is allowed per 150,000 square feet gross square footage of office buildings, not including basement square footage, up to a maximum of two single-tenant restaurant buildings. The restaurant may be licensed as a drinking establishment, provided it meets the requirements in 18.260.050. All detached restaurant buildings shall meet the following standards:

1.
No drive-in, drive-thru or walk-up service is allowed.
2.
See 18.430 for parking regulations.
3.
The architectural design for a detached restaurant building shall meet all applicable requirements of the Architectural Design Standards. Parking lot areas for detached accessory restaurants shall meet the requirements of the Site Design Standards.
4.
Any outdoor food service or outdoor seating areas shall meet the requirements in 18.260.050.

Outdoor Lighting - See 18.435.

Communication Facilities (Towers, Base Stations and Antennas) - Communications facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.

Utility Structures - Utility structures meeting the following standards may be installed upon the approval of an application for site plan approval. A right-of-way work permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way.

1.
Size and Height - The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. If the structure is larger than the size requirements outlined above, it may be permitted if located within proximity (adjacent to, clustered with) existing buildings so as to be inconspicuous from any public street or adjacent property.
2.
Parking - The structure shall not be located such that it will cause a reduction in the required number of parking spaces, nor be located so as to interfere with normal circulation patterns or any sight-distance triangle.
3.
Location - Except when the structure is located within the public right-of-way, it shall comply with all setback requirements from the public right-of-way as outlined in the zoning district regulations. The structure shall be located a minimum of 30-feet from any existing single-family residential property line, or any vacant property designated in the Comprehensive Plan for low- or very low-density residential uses. If the structure is located within the public right-of-way, it shall be located behind the sidewalk, and is subject to approval by the City Engineer.
4.
Noise - The structure shall comply with all noise requirements, established by the City.
5.
Landscaping - Landscaping shall be provided for all structures with a footprint greater than 2 square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed then the utility may submit a minimum of 2 typical landscape plans prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner.
6.
Access - The structure shall be accessed from an internal private drive, or adjacent commercial public street. Where that is not possible, access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
7.
Abandonment – Any structure that is not operated for a continuous period of six (6) months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
8.
Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.

Wind turbines:

1.
Wind turbines may be installed on any non-single-family structure (such as a building, water tower, etc.) 3 stories in height or greater but no less than 35 feet provided that the wind turbines shall add no more than 20 feet to the height of said existing structure. Wind turbines which are architecturally compatible to the building architecture may be located on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. The maximum height which may be approved for a roof-mounted wind turbine on a non-residential building less than 3 stories or 35 feet in height shall be equal to one-half the height of the building, measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself is exempt from the screening provisions of this subsection for optimum functionality of the turbine.
2.
Wind turbines may be installed on parking lot light poles. The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a wind turbine. The overall height of the parking lot light pole and wind turbine shall not exceed 40 feet, measured to the highest point of the wind turbine structure, including blades, if applicable. The wind turbine and any required appurtenances shall be painted to match the light pole and fixture.

(History: Ord. No. ZRR-3447 §15, 2024; Ord. ZRR-3416 §18, 2023; Ord. ZRR-3373 §24, 2023; Ord. ZRR-3355 §6, 2022; Ord. No. ZRR-3300 §27, 2020; Ord. ZRR-3134 §19, 2016; ZRR-2836 §9, 2010; ZRR-2795 §3, 2009; ZRR-2750 §1, 2008; ZRR-2698 §13, 2007; ZRR-2626 §2, 2006; ZRR-2262 §11, 2001; ZRR-2285 §9, 2001; ZRR-2004 § 6, 96; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Overland Park City Zoning Code

18.250 C-O

Office Building District and CP-O Planned Office Building District

18.250.010 Statement of Intent

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.250.020 Permitted Uses

A.
Offices for the administrative and management functions only of businesses and civic organizations.
B.
Services, limited to the following:
Accounting and bookkeeping;
Advertising;
Banks and financial institutions;
Broadcasting studios;
Business machine services (including photocopy, telefacsimile, computer and data processing);
Consulting services;
Employment services;
Engineering, architects and designers;
Information services;
Insurance;
Investment services;
Labor unions and business associations;
Legal services;
Medical and dental offices;
Medical and optical labs;
Postal services;
Public and private utilities;
Real estate;
Securities and commodities brokers;
Travel agents.
C.
Marketing, display or repairs of business equipment, medical equipment, medical supplies, pharmaceuticals and cosmetics.
D.
Day care centers and preschools.
E.
Institutions of higher learning and classrooms for business and professional schools.
F.
Accessory uses as provided in 18.390.
G.
Restaurants in an office park with at least 150,000 square feet of office building floor area.
H.
Communication Facilities
1. 1.
  Antennas mounted on existing buildings and water towers.
2. 2.
  Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
I.
Utility structures.
J.
Roof-mounted wind turbine(s) and wind turbines mounted on parking lot light poles.
K.
Churches, publicly-owned and operated community buildings, museums and libraries.

Effective on: 1/1/1901

18.250.030 Height and Area Regulations

The height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-O, the height of buildings or structures shall not exceed 30 feet.
2. 2.
  In District CP-O, there shall be no maximum height.
B.
Minimum front yard -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of the development plan approved prior to January 1, 2010).
C.
Side yard setbacks:
1. 1.
  Setbacks from an interior side lot line:
  1. a.
    Buildings not exceeding 18 feet in height -- 7 feet;
  2. b.
    Buildings not exceeding 30 feet in height -- 10 feet;
  3. c.
    Buildings in excess of 30 feet in height -- 20 feet.
2. 2.
  Setbacks from street-side side lot lines -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of a development plan approved prior to January 1, 2010).
D.
Minimum rear yard -- 30 feet.

(History: Ord. ZRR-2848 §18, 2010; ZRR-1725; ZRR-1637; ZRR-1018; ZRR-889 §18.02)

Effective on: 1/1/1901

18.250.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §23, 2023; Ord. ZRR-2848 §19, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-1040; ZRR-889 §18.20)

Effective on: 1/1/1901

18.250.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.

Business Use:

1.
All business shall be conducted within the building, except as follows:
1. a.
  Financial institutions may be permitted drive-up or walk-up service as part of final development plan approval in District CP-O.
2. b.
  Day-care centers and preschools may be permitted outdoor activity areas as part of final development plan approval in District CP-O.
2.
Areas devoted to the display of business equipment, medical equipment, medical supplies, pharmaceuticals or cosmetics shall not exceed 50% of any tenant space. Areas devoted to repair services shall not exceed 10% of any tenant space. No over-the-counter sales shall be permitted except as provided in 18.390.060. Storage of the permitted items shall not constitute warehousing or distribution in the normal sense but shall be limited to that quantity of stock necessary for the normal administrative, service and sales function of the business.

Retail sales of goods and services:

1.
No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than passenger cars shall be stored outside a building in this district for more than twenty-four hours in a 30-day period.
2.
Where pharmacies or optical shops are permitted as an accessory use as provided in 18.390, there shall be no direct exterior entrance to the pharmacy.

1.
No drive-in, drive-thru or walk-up service is allowed.
2.
See 18.430 for parking regulations.
3.
The architectural design for a detached restaurant building shall meet all applicable requirements of the Architectural Design Standards. Parking lot areas for detached accessory restaurants shall meet the requirements of the Site Design Standards.
4.
Any outdoor food service or outdoor seating areas shall meet the requirements in 18.260.050.

Outdoor Lighting - See 18.435.

Communication Facilities (Towers, Base Stations and Antennas) - Communications facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.

1.
Size and Height - The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. If the structure is larger than the size requirements outlined above, it may be permitted if located within proximity (adjacent to, clustered with) existing buildings so as to be inconspicuous from any public street or adjacent property.
2.
Parking - The structure shall not be located such that it will cause a reduction in the required number of parking spaces, nor be located so as to interfere with normal circulation patterns or any sight-distance triangle.
3.
Location - Except when the structure is located within the public right-of-way, it shall comply with all setback requirements from the public right-of-way as outlined in the zoning district regulations. The structure shall be located a minimum of 30-feet from any existing single-family residential property line, or any vacant property designated in the Comprehensive Plan for low- or very low-density residential uses. If the structure is located within the public right-of-way, it shall be located behind the sidewalk, and is subject to approval by the City Engineer.
4.
Noise - The structure shall comply with all noise requirements, established by the City.
5.
Landscaping - Landscaping shall be provided for all structures with a footprint greater than 2 square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed then the utility may submit a minimum of 2 typical landscape plans prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner.
6.
Access - The structure shall be accessed from an internal private drive, or adjacent commercial public street. Where that is not possible, access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
7.
Abandonment – Any structure that is not operated for a continuous period of six (6) months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
8.
Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.

Wind turbines:

1.
Wind turbines may be installed on any non-single-family structure (such as a building, water tower, etc.) 3 stories in height or greater but no less than 35 feet provided that the wind turbines shall add no more than 20 feet to the height of said existing structure. Wind turbines which are architecturally compatible to the building architecture may be located on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. The maximum height which may be approved for a roof-mounted wind turbine on a non-residential building less than 3 stories or 35 feet in height shall be equal to one-half the height of the building, measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself is exempt from the screening provisions of this subsection for optimum functionality of the turbine.
2.
Wind turbines may be installed on parking lot light poles. The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a wind turbine. The overall height of the parking lot light pole and wind turbine shall not exceed 40 feet, measured to the highest point of the wind turbine structure, including blades, if applicable. The wind turbine and any required appurtenances shall be painted to match the light pole and fixture.

Effective on: 1/1/1901

Overland Park City Zoning Code

18.250 C-O

Office Building District and CP-O Planned Office Building District

18.250.010 Statement of Intent

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.250.020 Permitted Uses

A.
Offices for the administrative and management functions only of businesses and civic organizations.
B.
Services, limited to the following:
Accounting and bookkeeping;
Advertising;
Banks and financial institutions;
Broadcasting studios;
Business machine services (including photocopy, telefacsimile, computer and data processing);
Consulting services;
Employment services;
Engineering, architects and designers;
Information services;
Insurance;
Investment services;
Labor unions and business associations;
Legal services;
Medical and dental offices;
Medical and optical labs;
Postal services;
Public and private utilities;
Real estate;
Securities and commodities brokers;
Travel agents.
C.
Marketing, display or repairs of business equipment, medical equipment, medical supplies, pharmaceuticals and cosmetics.
D.
Day care centers and preschools.
E.
Institutions of higher learning and classrooms for business and professional schools.
F.
Accessory uses as provided in 18.390.
G.
Restaurants in an office park with at least 150,000 square feet of office building floor area.
H.
Communication Facilities
1. 1.
  Antennas mounted on existing buildings and water towers.
2. 2.
  Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
I.
Utility structures.
J.
Roof-mounted wind turbine(s) and wind turbines mounted on parking lot light poles.
K.
Churches, publicly-owned and operated community buildings, museums and libraries.

Effective on: 1/1/1901

18.250.030 Height and Area Regulations

The height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

A.
Height:
1. 1.
  In District C-O, the height of buildings or structures shall not exceed 30 feet.
2. 2.
  In District CP-O, there shall be no maximum height.
B.
Minimum front yard -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of the development plan approved prior to January 1, 2010).
C.
Side yard setbacks:
1. 1.
  Setbacks from an interior side lot line:
  1. a.
    Buildings not exceeding 18 feet in height -- 7 feet;
  2. b.
    Buildings not exceeding 30 feet in height -- 10 feet;
  3. c.
    Buildings in excess of 30 feet in height -- 20 feet.
2. 2.
  Setbacks from street-side side lot lines -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of a development plan approved prior to January 1, 2010).
D.
Minimum rear yard -- 30 feet.

(History: Ord. ZRR-2848 §18, 2010; ZRR-1725; ZRR-1637; ZRR-1018; ZRR-889 §18.02)

Effective on: 1/1/1901

18.250.040 Parking Regulations

See 18.430 for parking regulations.

(History: Ord. ZRR-3373 §23, 2023; Ord. ZRR-2848 §19, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-1040; ZRR-889 §18.20)

Effective on: 1/1/1901

18.250.050 Development and Performance Standards

Development and performance standards applicable to all uses:

1.
Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.

Business Use:

1.
All business shall be conducted within the building, except as follows:
1. a.
  Financial institutions may be permitted drive-up or walk-up service as part of final development plan approval in District CP-O.
2. b.
  Day-care centers and preschools may be permitted outdoor activity areas as part of final development plan approval in District CP-O.
2.
Areas devoted to the display of business equipment, medical equipment, medical supplies, pharmaceuticals or cosmetics shall not exceed 50% of any tenant space. Areas devoted to repair services shall not exceed 10% of any tenant space. No over-the-counter sales shall be permitted except as provided in 18.390.060. Storage of the permitted items shall not constitute warehousing or distribution in the normal sense but shall be limited to that quantity of stock necessary for the normal administrative, service and sales function of the business.

Retail sales of goods and services:

1.
No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than passenger cars shall be stored outside a building in this district for more than twenty-four hours in a 30-day period.
2.
Where pharmacies or optical shops are permitted as an accessory use as provided in 18.390, there shall be no direct exterior entrance to the pharmacy.

1.
No drive-in, drive-thru or walk-up service is allowed.
2.
See 18.430 for parking regulations.
3.
The architectural design for a detached restaurant building shall meet all applicable requirements of the Architectural Design Standards. Parking lot areas for detached accessory restaurants shall meet the requirements of the Site Design Standards.
4.
Any outdoor food service or outdoor seating areas shall meet the requirements in 18.260.050.

Outdoor Lighting - See 18.435.

Communication Facilities (Towers, Base Stations and Antennas) - Communications facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.

1.
Size and Height - The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. If the structure is larger than the size requirements outlined above, it may be permitted if located within proximity (adjacent to, clustered with) existing buildings so as to be inconspicuous from any public street or adjacent property.
2.
Parking - The structure shall not be located such that it will cause a reduction in the required number of parking spaces, nor be located so as to interfere with normal circulation patterns or any sight-distance triangle.
3.
Location - Except when the structure is located within the public right-of-way, it shall comply with all setback requirements from the public right-of-way as outlined in the zoning district regulations. The structure shall be located a minimum of 30-feet from any existing single-family residential property line, or any vacant property designated in the Comprehensive Plan for low- or very low-density residential uses. If the structure is located within the public right-of-way, it shall be located behind the sidewalk, and is subject to approval by the City Engineer.
4.
Noise - The structure shall comply with all noise requirements, established by the City.
5.
Landscaping - Landscaping shall be provided for all structures with a footprint greater than 2 square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed then the utility may submit a minimum of 2 typical landscape plans prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner.
6.
Access - The structure shall be accessed from an internal private drive, or adjacent commercial public street. Where that is not possible, access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
7.
Abandonment – Any structure that is not operated for a continuous period of six (6) months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
8.
Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.

Wind turbines:

1.
Wind turbines may be installed on any non-single-family structure (such as a building, water tower, etc.) 3 stories in height or greater but no less than 35 feet provided that the wind turbines shall add no more than 20 feet to the height of said existing structure. Wind turbines which are architecturally compatible to the building architecture may be located on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. The maximum height which may be approved for a roof-mounted wind turbine on a non-residential building less than 3 stories or 35 feet in height shall be equal to one-half the height of the building, measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself is exempt from the screening provisions of this subsection for optimum functionality of the turbine.
2.
Wind turbines may be installed on parking lot light poles. The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a wind turbine. The overall height of the parking lot light pole and wind turbine shall not exceed 40 feet, measured to the highest point of the wind turbine structure, including blades, if applicable. The wind turbine and any required appurtenances shall be painted to match the light pole and fixture.

Effective on: 1/1/1901