(a)

Buildings and structures may be erected and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof or generate vehicular traffic which exceeds the normal traffic in the neighborhood and shall be on the premises of the principal building or use.

(b)

The following uses set forth in sections 19.34.020—19.34.060 shall be permitted as accessory to main uses permitted in this title.

(a)

Purpose and Intent. It is the purpose and intent of this section to:

(1)

Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;

(2)

Provide residents of the city with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors;

(3)

Establish criteria for establishing home occupations in dwelling units within residential districts;

(4)

Assure that public and private services such as street, sewer, water or electrical systems are not burdened by home occupations to the extent that usage exceeds that which is normally associated with the residence;

(b)

Standards for determining whether a home occupation will be permitted. Home occupations are permitted as an accessory use to a residence only when all of the following performance standards are met:

(1)

Area of Use. Home occupations shall be entirely contained within the interior of a residence and shall not be located in garages or accessory structures on the site. No visible evidence of the home occupation shall be apparent from the street or surrounding area. A home occupation shall use no more than 20 percent of the total dwelling unit floor area, which does not include the floor area of the garage. Those home occupations which require occasional meetings using more than 20 percent of the floor space may be permitted, providing such meetings do not occur more frequently than once per month;

(2)

Authorized Participants in the Home Occupation. The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups. The home occupation shall have no other employees, independent contractors, or any other entity working on or dispatched from the premises;

(3)

Exterior Alterations of Residence; Storage of Equipment; Vehicles Used in Business:

a.

No home occupation shall require external alterations of the residence and its surrounding property or other visible evidence of the conduct of such home occupation, except for visitations, which are in compliance with the terms of section 19.34.10(b)(8) and other provisions of the P.V. Municipal Code.

b.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible from the outside of the residence in which the home occupation is conducted.

(4)

Advertising. The home occupation shall not involve the use of advertising signs on the premises which call attention to the fact that the home is being used for business purposes;

(5)

Sales, Repairs, Leasing:

a.

The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and a member of the general public shall not be permitted on the premises of a home occupation. Members of the general public shall not include persons in the home by prior individualized invitation. Visitations by such person must be in accordance with the limitations set out in section 19.34.010(b)(8).

b.

Visitations generated to or from a home occupation by customers with items to be, or which have been repaired, must be in accordance with the limitations set out in section 19.34.010(b)(8).

c.

Exchange of items in a lease agreement between the proprietor of a home occupation or an authorized participant shall not occur on the premises of a home occupation.

(6)

Traffic and Parking. If parking, deliveries or visitations for a home occupation occur in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood the occupation shall be discontinued at that location;

(7)

Regulation of Nuisances. A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration and glare or bright lighting, which would be over and above that created by a single family residential dwelling. The production, dumping or storage of combustible or toxic substances shall not be permitted on the premises of the home occupation, except for the incidental storage of items such as paint, paper, and other household goods, which might, under certain circumstances, be toxic or combustible. Additionally, a home occupation shall not create interference or fluctuations of radio or television transmission;

(8)

Visitations. A home occupation may attract patrons, students or any business-related individuals only between the hours of 7:00 a.m. and 9:00 p.m., weekdays. The home occupation shall generate no more than one visitation at any given time, except in those instances where a home occupation consists of teaching, instructing or tutoring, in which event, no more than three students shall be taught at one time and there will be no more than ten visitations (ten arrivals and ten departures) per day. All other home occupations shall also not generate more than ten business-related visitations per day, which shall constitute ten arrivals and ten departures. These standards shall not be construed so as to prohibit occasional group gatherings, recitals, or demonstrations. However, such gathering shall not occur more frequently than once per month and must be held within the visitation hours specified in this chapter;

(9)

Compliance with Federal, State and Local Laws. Home occupations shall comply with all other local, state, and federal laws and regulations. The requirements for, and licensing of a home occupation under this section shall not be construed as an exemption from such regulations.

(c)

Home Occupations As Accessory Uses. All home occupations shall be licensed by the City of Prairie Village. Procedures for granting and suspension of licenses shall be governed by the administrative regulations of the city. Licensing applications may be obtained from the city clerk. Appeals from denials or suspensions of licenses for home occupations shall be governed by section 19.54.025 of the Zoning Ordinance.

(Ord. 2208, Sec. III, 2009)

(a)

Family Day Care Home Requirements.

(1)

A "Family Day Care Home" is an acceptable accessory use only if such day care home complies with the State of Kansas requirements for family day care homes (K.S.A. 65-517 and 39-1501), and the following:

a.

Not more than six children less than 16 years of age may be cared for in a registered family day care home. In no event, shall these limits be construed as allowing more children to be cared for in a family day care home than state laws allow;

b.

Not more than three of the children cared for in a family day care home shall be less than 18 months of age;

c.

Any children of a person providing care in a family day care home count toward the limitations of subsection (a) and (b) if such children are cared for in the family day care home;

d.

Not more than two adults;

e.

A person shall not be considered to be maintaining a family day care home if only children who are related by blood, marriage, or legal adoption to such person are cared for.

(b)

Area of Use. Family day care homes must be confined to the interior of the home and to the side setback and rear yards of such homes. Homes located on corner lots shall restrict the exterior area to the rear yard and the side setback opposite the corner side of the home.

(c)

Authorized Participants in Family Day Care Homes. This occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups. No employees or other type assistance will be allowed in the conduct of its business, except a non-family member may serve as the substitute care provider solely for the purpose of providing a backup in the event of temporary and/or emergency absence of the child care provider in compliance with state regulations that require a substitute care provider.

(d)

Exterior Alterations of Residence. No exterior alterations of the residence or other visible evidence of the conduct of such occupation is allowed.

(e)

Advertising. No use of advertising on the premises which calls attention to the fact that the home is being used for business purposes shall be permitted.

(f)

Traffic and Parking. If parking, deliveries or visitations for family day care homes occur in a manner of frequency causing disturbance to the normal traffic flow for the neighborhood, the use shall be discontinued at that location.

(g)

Compliance with Federal, State and Local Laws. Family day care homes shall be registered or licensed by the state and shall comply with all local, state and federal laws and regulations. The requirements for, registering and/or licensing of, family day care homes under this section shall not be construed as an exemption from such regulations. Licensing or registering by a state or federal agency of a family day care home likewise shall not cause said provider to be exempted from the restrictions of this section.

(h)

All family day care homes shall be licensed by the City of Prairie Village. Procedures for granting and suspension of licenses shall be governed by the administrative regulations of the city. Licensing applications may be obtained from the city clerk. Appeals for denials or suspensions of licenses for family day care homes shall be governed by section 19.54.025 of the Zoning Ordinance.

(Ord. 2208, Sec IV, 2009)

(a)

[Reserved.]

(b)

A temporary real estate sales office may be located on property being sold, and limited to period of sale, but not exceeding one year unless granted a conditional use permit;

(c)

A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement, or recreation; provided, that the articles produced or constructed are not sold either on or off the premises and that the activity complies with standards established for home occupations in section 19.34.010 Paragraph (b)(7). Without limiting the foregoing, hobby activity shall not include the repair of cars or other vehicles, which are not owned by the owner/occupant of the home where the repairs are made. However, nothing contained in this subsection shall be construed or interpreted to permit any use or activity, which is prohibited by chapter 19.36, Restricted Uses.

(d)

Such additional uses as gardens, customary pets, signs as permitted by ordinance, parking areas, play equipment and other similar uses are also accessory uses.

(e)

[Reserved.]

(f)

No equipment, (material or vehicle, other than operating motor passenger cars, shall be stored for more than 24 hours in a 30-day period in a residential district, other than as specifically allowed pursuant to chapter 19.38. Except that senior housing projects, assisted living projects, schools, religious institutions and other similar uses may make application to park a bus or buses on their property subject to review and approval of the number, size and location of the buses by the building official. The buses shall not be parked within the front yard setback but shall be parked in a location that is most appropriate and compatible with adjacent uses. The building official may approve, approve with conditions or deny the application. If an applicant is not satisfied with the decision of the building official, he may appeal said decision to the planning commission and the planning commission shall make the final decision.

(g)

Tennis courts are permitted as an accessory use, provided the following procedures and standards are met:

(1)

All tennis courts shall require a building permit.

(2)

Plans for tennis courts shall be submitted to the building official or his/her designated agent for review and approval prior to issuance of permits. Said review shall be based upon compliance with the following standards: the need for screening to protect the privacy of neighboring property; compatibility of any lighting; safety and prevention of damage to adjacent property by surface water runoff. The preceding standards shall be the minimum requirement, and the building official may deny a building permit and refer an applicant to the planning commission where the planning commission may require additional screening or other measures deemed necessary to preserve property values and personal safety.

(3)

Tennis courts shall not be built in front of front building lines.

(4)

Tennis courts shall be so located that the fence surrounding the courts shall be not less than 30 feet from the front lot line, and not less than ten feet from a rear lot line or interior side lot line. In the case of corner lots, the fence shall not be closer than the front setback line of any building on an adjacent lot or 15 feet, whichever is greater. Said fence shall be chain-link fabric, and shall not exceed ten feet in height. The lighting level of any tennis court lighting measured at the property line shall not exceed five foot candles, and all luminaries shall be provided with shields to control light spillage and glare.

(5)

Tennis courts shall be so designed that the surface water will be carried to the public street or storm drainage system on the owner's property, or by underground pipe to the public street or storm drainage system, or if across other ownerships, copies of written consent must be provided to the director of public works.

(h)

Garage sales are permitted in District R-1a, R-1b, R-2, R-3, and R-4. A household may conduct a sale of goods, furnishings, personal effects and clothing, from the resident's garage or property, by a sale not to exceed three consecutive days; and provided further, that not more than two such sales shall be allowed each calendar year per household.

(i)

Dumpsters and trash bins shall be located so that they are not visible from adjacent streets and properties and they shall be adequately screened from view by wall or fence enclosures that are of a building material that is complimentary to the principal building on the site.

(j)

Outdoor swimming pools, spas and hot tubs are permitted as accessory uses, provided the following procedures and standards are met:

(1)

All outdoor swimming pools, spas and hot tubs shall require a building permit.

(2)

Swimming pool is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, portable and non-portable spas, and fixed-in-place wading pools.

(3)

Plans for outdoor swimming pools shall be submitted to the building official or his/her designated agent for review and approval prior to issuance of permits. Said review shall be based upon compliance with the following standards: the need for screening to protect the privacy of neighboring property; compatibility of any lighting; safety and prevention of damage to adjacent property by surface water runoff. The preceding standards shall be the minimum requirement, and the building official may deny a building permit and refer an applicant to the planning commission where the planning commission may require additional screening or other measures deemed necessary to preserve property values and personal safety.

(4)

Each swimming pool shall be completely enclosed by a fence or other permanent enclosure not less than four nor more than six feet in height. This enclosure shall be provided with self-closing gates equipped with a self-latching device. Such enclosures shall be not less than 30 feet from the front lot line, and not less than 15 feet from the side street line in the case of a corner lot, except on reverse corner lots whereupon side setbacks should be based upon the adjoining front yard setback. The enclosure may be located on the interior side lot line and the rear lot line, subject to any easements, but the edge of the swimming pool shall be not less than ten feet from any such interior side or rear lot line and not less than 20 feet from a residence on an adjoining lot.

(5)

In lieu of the fence or permanent enclosure, spas and hot tubs may be equipped with a safety cover. Said safety cover shall be classified under WBAH and have been evaluated to the American Society for Testing and Materials (ASTM) Standard F1346, Standard Performance Specifications of Safety Covers or equivalent. Each safety cover shall bear the classification marking "UL," the word "Classified," a control number, and the product name or equivalent.

(6)

Swimming pools may not be built in front of front building lines.

(7)

Swimming pools shall be so designed that the surface water will be carried to the public street or storm drainage system on the owner's property, or by underground pipe to the public street or storm drainage system, or if across other ownerships, copies of written consent must be provided to the director of public works. Swimming pools shall not be drained at any time which may cause icing or other hazardous street conditions.

(k)

Utility boxes that have a footprint of 12 square feet or less in area; a pad of not more than 2.5 times the area of the utility box footprint, but not larger than 32 square feet; and a height of not more than 56 inches, will be considered as an accessory to a utility line and the location, design and landscaping or screening shall be subject to staff review and approval of a permit as follows:

(1)

Landscaping and Screening: If landscaping or screening is required, a plan shall be submitted identifying the plant sizes and varieties.

(2)

Noise: The utility box shall not emit any unnecessary intrusive noise.

(3)

Abandonment: Any utility box not operated for a period of six months shall be considered abandoned and the box and pad shall be removed by the owners and the site returned to its original condition.

(4)

Location: The utility will work with the city staff to determine a pad size and a location that is most appropriate and compatible with adjacent uses, including adjacent property owners' uses.

(5)

Wireless Facilities: Utility boxes related to wireless facilities (as defined in chapter 19.33) shall be as permitted, and with such conditions, as set forth in chapter 19.33.

(6)

Appeal: Any applicant that is not satisfied with the staff approval may appeal the staff decision to the planning commission; provided, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6), as amended, as codified in section 19.33.020(e) of the city zoning regulations, or in Federal Communications Commission (FCC) Declaratory Ruling dated September 27, 2018, in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088), to the extent such FCC Declaratory Ruling applies and/or is in effect.

(Ord. 2029, Sec. III, 2002; Ord. 2225, Sec. II, 2010; Ord. 2392, Sec. 4, 2018; Ord. 2407, Sec. XVI, 2019)

Accessory uses permitted in Districts R-3 and R-4 in addition to uses permitted in all residential districts shall be as follows: Parking areas; signs as permitted by ordinance; recreation areas including tenant used swimming pools and minor recreation buildings; trash collection centers; power generators; vending machines for tenant use; other similar uses.

(Ord. 2049, Sec. II, 2003)

Accessory uses permitted in Districts C-O and C-1 shall be as follows: Parking areas; signs as permitted by ordinance; food service and vending machines (for tenants only in District C-O); private garages for motor vehicles, apartment for maintenance personnel; barbershops; low-level exterior lighting; radio; television or microwave antennae not exceeding 60 feet in height; flagpoles; cooling towers; other similar uses.

Accessory uses permitted in Districts C-2 and C-3 shall be as follows: Parking areas; signs as permitted by ordinance; flood lighting; other similar uses. Service stations may have the following additional accessory uses:

(a)

Washing and other cleaning of passenger cars shall be permitted as an accessory use provided such washing and cleaning operations shall not utilize more than two stationery bays in any one station, shall be a part of the main building, and shall not be open for use during hours when the service station is closed. Conveyor or other continuous line washing is not permitted except by special use permit. Such washing and cleaning operations shall use the same entrance drives as the service station and may utilize coin-operated or attendant operated equipment;

(b)

Retail sale of automotive supplies that are customarily available at service stations and which do not require engine or transmission repair, body work or installation of audio equipment, but which include such items as batteries, motor oil, additives, antifreeze, light bulbs, belts, and transmission fluids;

(c)

Retail sale of non-automotive items of an incidental and convenience nature, limited to food and non-alcoholic beverages for human consumption (except cereal malt beverages), film, tobacco products, cosmetics, everyday over-the-counter pharmaceuticals, ice, detergents, novelties and gifts, toys, lottery tickets, paper products, light bulbs and minor clothing items such as caps and "T" shirts;

(d)

The following development and performance standards shall apply to any establishment where both gasoline and non-automotive products are sold to the public:

(1)

The total floor area devoted to display and sale of products, including cashier space, but excluding storage rooms, restrooms, auto service and wash bays, shall not exceed 800 square feet, provided further that an enclosed building existing and being utilized as a gasoline service station at the time of passage of this amendment, may utilize the entire existing floor area for retail sale of products herein permitted.

(2)

Booths or other customer seating accommodating are not permitted.

(3)

All merchandise and vending machines shall be kept inside the building.

(4)

Food preparation is not allowed except that microwave oven may be provided for customer use.

(5)

All such establishments shall provide not less than two parking spaces on the premises and establishments where the retail floor area exceeds 200 square feet, shall provide additional off-street parking on the premises at the ration of one space for each 200 sq. ft. of said additional floor area used for retail sales and display, such parking to be in addition to the space utilized by the vehicle receiving gasoline at a pump.

(6)

Floor area shall be computed from the outside surface of exterior walls and, for purposes of parking calculation, shall exclude restrooms or storage areas not accessible to the public, auto service or washbays.

(a)

Any accessory use which exceeds ten feet in height shall be located a distance inside the property line at least equal to one-third its height.

(b)

No private walk or drive serving a District C-1 to C-3 inclusive shall pass through or be located in a District R-1 to R-4 inclusive.

(c)

The city council may, upon application by the proponent, issue a short-term permit for the use of a specified parcel of land for such temporary short-term uses as charitable, civic or religious sales and activities, trade shows, street fairs, expositions, promotional ventures and entertainment, without publication or posted notice and without referral to the planning commission, provided the following conditions are met:

(1)

The applicant shall submit in written form a complete description of the proposed use, including estimated accumulation of automobiles and persons, hours of operation, and other characteristics and effects on the neighborhood;

(2)

The short-term permit shall not be operated longer than the period stipulated in the permit, and in any case no longer than 30 consecutive days;

(3)

Upon the cessation of the short-term permit, all materials and equipment shall be promptly removed and the property restored to its normal condition. If, after giving full consideration to the effect of the requested short term permit on the neighborhood and the community, the mayor or his/her designee deems the request is reasonable, the permit for the short-term use may be approved. Conditions of operation, provision for surety bond, and other reasonable safeguards may be written into the permit. Such permit may be approved in any zoning district;

(4)

A fee as established in section 16-403 shall be charged the applicant for each such short-term permit.

(d)

Satellite dish antennas less than one meter in diameter shall be subject to the following conditions:

(1)

That every effort shall be made to locate the satellite dish antenna in accordance with the conditions set out in this section; however, if the application of the conditions precludes a subscriber from receiving an acceptable quality signal, the building official shall assist the subscriber to find a location on the property where an acceptable quality signal can be received. The building official will be responsible for approving all locations that do not conform to the conditions of this section.

(2)

That the applicant must have a direct or indirect ownership interest in the property.

(3)

That in the case of multiple dwelling units, there shall be no more than three antennas per structure and for other uses no more than one antenna per structure.

(4)

That the structural and electrical design must conform to FCC regulations and the antenna must meet all code requirements.

(5)

That the applicant shall prepare and submit a plan to the building official who will work with the applicant to find the least obtrusive location on the property.

(6)

For structure-mounted units:

a.

The dish antenna shall be mounted on the main building of the lot and, to the extent technically feasible, on the rear side of the building. To the extent that an antenna mounted on the rear side of a building does not provide clear transmission, the antenna may be located on the front or side of the building provided that it is designed in such a manner that it cannot be identified as a dish antenna. The applicant may be required to provide appropriate screening.

b.

The dish antenna shall not exceed the height of the ridge line of the structure and shall not be visible from an adjacent street. This may require that the applicant provide appropriate screening.

c.

The maximum dish diameter shall be less than one meter and that larger diameter dishes shall require a conditional use permit.

d.

The mounting frame and all antennas to be painted the same color and that color shall blend with the roof or building.

(7)

For ground-mounted units:

a.

That the dish antenna shall be located in the rear yard of the lot to the extent technically feasible. To the extent that an antenna in the rear yard does not provide clear transmission, the antenna may be located in the front or side yard of the lot provided that it is designed in such a manner that it cannot be identified as a dish antenna. This may require that the applicant provide appropriate screening.

(8)

That in order to assure compliance with all municipal building and safety codes and the requirements of this chapter, a permit must be obtained from the building official prior to the installation of the satellite dish antenna.

(e)

The planning commission may, upon application by the proponent, issue a short-term use permit for a period longer than 30 days for the use of a specified parcel of land for such temporary short-term uses as a special event such as a trade show, street fair, exposition, promotional venture and entertainment, without publication or posted notice, provided the following conditions are met:

(1)

The applicant shall submit in written form a complete description of the proposed use, including drawings of proposed physical improvements, estimated accumulation of automobiles and persons, hours of operation, length of time requested, and other characteristics and effects on the neighborhood;

(2)

If approved, a specific time period shall be determined and the short-term permit shall not be operated longer than the period stipulated in the permit;

(3)

Upon the cessation of the short-term permit, all materials and equipment shall be promptly removed and the property restored to its normal condition. If, after giving full consideration to the effect of the requested short-term permit on the neighborhood and the community, the planning commission deems the request is reasonable, the permit for the short-term use may be approved. Conditions of operation, provision for surety bond, and other reasonable safeguards may be written into the permit. Such permit may be approved in any zoning district.

(4)

A fee as established in section 16-403 shall be charged the applicant for each such short-term permit.

(f)

Permanent standby emergency generators shall be permitted as an accessory use for single-family and two-family dwellings subject to the following conditions:

a.

Said generators shall be used during emergency situations only which result in power failures; and

b.

Said generators shall be installed in accordance with NFPA 37 Standards for the Installation and Use of Stationary Combustion Engines and Gas Turbines; and

c.

Said generators shall be connected to a natural gas line; and

d.

Said generators shall be located within the building envelope but no further than five feet from a wall of the principal structure and not in a front or side yard; and

e.

Said generators shall only be tested during daylight hours; and

f.

Said generators shall be contained in an enclosed cabinet or housing that provides sound attenuation; and

g.

The footprint of the cabinet shall not exceed 12 square feet; the pad shall not exceed 16 square feet 48 inches and the height shall not exceed 48 inches; and

h.

The applicant shall obtain a permit from the city prior to installation.

i.

Proposed locations of permanent standby emergency generators that do not meet subsection d. above, but are not located in a front yard may be submitted to the building official or his/her designee for review and approval.

The building official or his/her designee shall give consideration to the following criteria in approving or disapproving a location:

(1)

That there are special circumstances or conditions affecting the property.

(2)

That adequate distance exists between the location and adjacent property.

(3)

That the proposed location will be adequately screened from the street.

(4)

That the location will not cause significant adverse impact on adjacent properties.

(5)

That the building official or his/her designee may impose any conditions it deems necessary to mitigate any negative impacts of the proposed location.

(6)

If in the opinion of the building official or his/her designee, the proposed generator does not meet the criteria stated above, an application may be made to the planning commission for site plan approval.

Permanent standby emergency generators shall be permitted as an accessory use for multi-family and nonresidential uses subject to the following conditions:

a.

a. Said generators shall be used during emergency situations only which result in power failures; and

b.

b. Said generators shall be installed in accordance with NFPA 37 Standards for the Installation and Use of Stationary Combustion Engines and Gas Turbines; and

c.

c. Said generators shall only be tested during daylight hours; and

d.

d. Said generators shall be screened by plant materials, walls, fences and earth berms or any combination thereof and said screening shall be shown on the site plan; and

e.

The applicant shall obtain site plan approval from the planning commission prior to obtaining a permit and installing the generators

(Ord. 1951, Sec. I, 1998; Ord. 2049, Sec. IIII, 2003; Ord. 2188, Sec. II, 2009; Ord. 2214, Sec. II, 2009)

One accessory living quarter (ALQ) may be permitted in a residence subject to staff review and subject to the following conditions:

(a)

The homeowner must occupy either the principle dwelling unit or the accessory living quarters.

(b)

The occupants of both the principal dwelling unit and the ALQs must be related by blood, marriage or adoption but may also include usual domestic servants and caregivers.

(c)

ALQ's must be attached to or included within the single-family dwelling so that there is no impression of two distinct dwelling units.

(d)

The principal dwelling unit and the ALQ shall have one address and mailbox.

(e)

The principal dwelling unit and the ALQ shall not have separate utility metering.

(f)

The maximum size of the ALQ shall be 30 percent of the area of the principal dwelling, but shall not exceed 800 square feet in area.

(g)

The design and appearance of the ALQ shall preserve the single-family character of the neighborhood. Private exterior entrances to the ALQ shall be on the sides or rear of the property. Only common entrances to the dwelling shall be permitted on the front.

(h)

The homeowner shall file a document in the office of the register of deeds that states that the ALQ is to be used only by members of the family and shall not be used as a rental unit.

(i)

The homeowner shall obtain an occupancy permit from the city every three years so that the ALQ can be reviewed for compliance.

(Ord. 2027, Sec. IV, 2002)

(a)

Purpose and Intent. It is the intent of this section to define practical and effective measures to preserve safety, security and the nighttime use and enjoyment of property while minimizing the obtrusive aspects of excessive and/or careless outdoor light usage. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy-efficient sources, and decreasing the wastage of light and glare resulting from over lighting and poorly shielded or inappropriately directed lighting fixtures.

All business, residential, public, institutional, and semi-public use lighting should be installed in an effort to minimize spillover onto adjacent properties and streets.

(b)

Definitions. For the purposes of this chapter, terms used shall be defined as follows:

(1)

Direct light: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

(2)

Floodlight or Spotlight: Any luminaire or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

(3)

Footcandle (FC): A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot.

(4)

Full cutoff luminaire: An outdoor fixture shielded or constructed in such a manner that it emits no light above the horizontal plane at the bottom of the fixture.

(5)

Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases to cause momentary blindness.

(6)

Height of Luminaire: The height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct light emitting part of the luminaire.

(7)

Indirect light: Direct light that has been reflected or has scattered off of other surfaces.

(8)

Lamp: The component of a luminaire that produces the actual light.

(9)

Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

(10)

Lumen: A unit of luminous flux. The lumen output values shall be the initial lumen output ratings of a lamp or light bulb as provided by the manufacturer.

(11)

Luminaire: The complete lighting assembly (including the lamp, ballast, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture.

(12)

Outdoor lighting: The illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

(13)

Security lighting: Outdoor lighting used to illuminate walkways, roadways, and building entrances where general illumination for safety is the primary concern.

(14)

String of Lights: A series of lights attached to a wire, race, or inserted in transparent tubing in such a way that it can be moved about or hung in various ways, and whose bulbs are not light fixtures permanently attached to a building or other structure.

(15)

Temporary outdoor lighting: The specific illumination of an outside area or object by any manmade device located outdoors that produces light by any means for a period of not more than 90 days.

(c)

Applicability.

(1)

New Uses, Buildings and Additions: All proposed new land uses, developments, buildings, structures, or building additions of 25 percent or more in terms of additional dwelling units, gross floor area, seating capacity, parking spaces or other units of measurement specified herein, either with a single addition or cumulative additions subsequent to the effective date of this provision, except for single-family and two-family dwellings shall meet the requirements of this provision for the entire property. This includes additions which increase the total number of required parking spaces by 25 percent or more. For all building additions of less than 25 percent cumulative, the applicant shall meet the requirements of this provision for any new outdoor lighting provided.

(2)

Installation of New Lighting for Existing Development: Any new outdoor lighting installed for existing uses except for single-family and two-family residential shall meet the requirements of these regulations.

(3)

Street Lighting: These regulations shall not apply to public lighting that is located in street right-of-way.

(d)

Design Standards. All outdoor lighting shall be installed and maintained to meet the requirements of this section:

(1)

Maximum Light Levels at Property Line: The maximum light level at any point on a property line shall not exceed 0.0 footcandles when adjacent to a residential zone or 0.2 footcandles when adjacent to non-residential zones, measured five feet above grade.

(2)

Architectural Lighting of Building Facades: The lighting of a building facade for security, architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions:

a.

All building facade lighting shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible.

b.

Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated and shall not spill out beyond the edge of the wall.

(3)

Canopy Lighting: Lighting fixtures mounted under canopies used for vehicular shelter shall be aimed downward and installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cut off light fixture may project below the underside of a canopy. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting, except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy.

(4)

Flag Poles: A flagpole may be illuminated by one upward aimed fully shielded spotlight luminaire which shall not exceed 3,500 lumens. The luminaries shall be placed within five feet of the base of the flagpole.

(5)

Strings of Lights:

a.

No person shall use a string of lights on property with non-residential uses except as follows:

(i)

Strings of lights may only be used if they are approved by the planning commission as part of an outdoor lighting plan or landscape plan. The plan must comply with all of the standards of this subsection. The purpose of such lighting is intended to create pleasing pedestrian spaces; such as an outdoor dining or patio area, utilizing low lighting levels.

(ii)

Strings of lights permitted under this subsection shall be displayed in compliance with the following standards:

• The string of light contains only low wattage bulbs that are not greater than 50 lumens per bulb (equivalent to a seven watt C7 incandescent bulb);

• The string of lights may be located within a pedestrian way, plaza, patio, outdoor dining area, or the primary entry into a building;

• The string of lights may be displayed on buildings, facades, walls, fences, trees, and shrubs; and

• The string of lights shall not suspend horizontally between any buildings, walls, fences, trees or shrubs (for the purpose of this paragraph, "horizontally" means any portion of the suspended string which dips less than forty-five degrees below the horizontal).

b.

Temporary lighting displays for both residential and non-residential uses: strings of lights may be located on trees, shrubs or structures located in street, rights-of-way and may cross street rights-of-way upon issuance of a right-of-way permit from the department of public works.

(6)

Control of Glare-Luminaire Design Factors.

a.

Luminaire Height: The mounting height for luminaries shall not exceed 25 feet as measured to the bottom of the luminaire from grade.

b.

Luminaire: All luminaries shall be non-adjustable and shall have a full cutoff.

c.

Average Maintained Footcandles: The maximum average maintained footcandles for all parking lighting shall be three footcandles. For the purpose of this chapter the average maintained footcandles shall be calculated at 0.8 of initial footcandles.

(7)

Exceptions

a.

All temporary emergency lighting needed by the police, the fire and public works departments or other emergency services, as well as all vehicular luminaries, shall be exempted from the requirements of this article.

b.

All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaries used must be shown to be as close as possible to the federally required minimum lumen output requirements for the specific task.

(8)

Temporary Outdoor Lighting

a.

Any temporary outdoor lighting that conforms to the requirements of this chapter shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the planning commission after considering: 1) the public and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may result from the use of the temporary lighting; and 3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the planning commission, who shall consider the request in the same manner as a site plan approval.

(9)

Outdoor Sports Facilities and Park Area Lighting except for single-family and two-family residences: The proposed lighting for outdoor sports facilities and park areas shall be reviewed and approved by the planning commission under the site plan regulations. The proposed lighting will be independently evaluated based on the use being lighted and is not required to meet the requirements of the outdoor lighting regulations.

(e)

Sign Lighting. Lighting fixtures illuminating signs shall be aimed and shielded so that direct illumination is focused exclusively on the sign and the fixture shall be flush mounted in the ground or screened from view.

(f)

Lighting Plans Required. A lighting plan shall be submitted to the planning commission for review and approval for all conditions as setout in Subsection C1 and C2 Applicability, in which outdoor lighting is proposed or required. The lighting plan shall be prepared by an architect, engineer, electrical contractor or lighting consultant and shall include:

(1)

A site plan showing the location of all building and building heights, parking, and pedestrian areas on the lot or parcel;

(2)

The location and description including mature height of existing and proposed trees and the location of light fixtures on adjacent properties or the street right-of-way within ten feet of the subject property;

(3)

The location and height above grade of all proposed and existing light fixtures on the subject property;

(4)

The type, initial lumen rating, color rendering index, and wattage of each lamp source;

(5)

The general style of the light fixture such as cut-off, lantern, coach light, globe, and a copy of the manufacturers catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal, and/or external shields;

(6)

Control description including type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule when required;

(7)

Aiming angles and diagrams for sports lighting fixtures; and

(8)

A light calculation which shows the maximum light levels on a grid not to exceed ten feet by ten feet across the entire site and a minimum of ten feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas, and other common public area.

(g)

Final Inspection and Certification. Prior to a final inspection or the issuance of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting as installed complies with the approved illumination plan and the requirements of this section. The certification shall be submitted in a format prescribed by the city. The certification shall be completed by the architect, electrical engineer, contractor, or lighting consultant responsible for the plans or the final installation.

(Ordinance 2103, Section II, 2005)