CHAPTER XVI. UNIFIED DEVELOPMENT CODECHAPTER XVI. UNIFIED DEVELOPMENT CODE\ARTICLE 8. GENERAL DEVELOPMENT STANDARDS

(a)   Applicability. Off-street parking and loading shall be provided in accordance with the regulations of this section for all new development and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats. Off-street parking and loading shall also be provided for any change of use or manner of operation that would, based on section 16-801(c), Off-street parking Schedule A, or section 16-801(o), Off- street loading, result in a requirement for more parking or loading spaces than the existing use.

(b)   Exemptions. There shall be no minimum off-street parking requirements for uses located in the C-1 Central Business District.

(c)   Off-street parking Schedule A. Off-street parking spaces shall be provided in accordance with the following off-street parking Schedule A. In some cases, the applicable off-street parking space requirement in Schedule A refers to Schedule B or Schedule C. These schedules can be found following Schedule A.

Schedule A

Use Type

Number of Spaces Required

RESIDENTIAL USES

Assisted Living

1 per dwelling unit

Duplex

2 exterior per dwelling unit

Group Home

1 per employee, plus 1 per 4 residents

Group Residential

1 per 2 residents

Manufactured Housing Unit

2 exterior per dwelling unit

Mobile Home

2 exterior per dwelling unit

Multi-Family

1 per efficiency unit, plus 1.5 per one-bedroom unit, plus 2 spaces per two-bedroom and larger units. All required spaces shall be exterior unless approved by plan

Single-Family, Attached

1 per efficiency unit, plus 1.5 per one bedroom unit, plus 2 spaces per two-bedroom and larger units. All required spaces shall be exterior unless approved by plan

Single-Family, Detached

2 exterior per dwelling unit

PUBLIC, QUASI-PUBLIC AND COMMERCIAL USE

Adult Entertainment Establishment

1 per 75 square feet

Animal Care, General

1 per 400 square feet

Animal Care, Limited

1 per 300 square feet

Auditorium or Stadium

1 per 4 seats

Bank or Financial Institution

1 per 200 square feet plus stacking spaces per section 16-801(n)(1) as may be applicable

Bar or Tavern

1 per 75 square feet

Car Wash

Stacking spaces per section 16-801(n)(1)

Club, Private

1 per 4 persons capacity

Construction Sales and Service

Spaces to be provided pursuant to Schedule B

Convalescent Care

1 per 4 beds patient capacity, plus 1 per 2 employees

Cultural Service

1 per 500 square feet

Day Care (Limited, Commercial)

1 per employee, plus 1 per 10 pupils at maximum occupancy

Funeral Home

1 per 4-person capacity

Golf Course

4 per hole, plus spaces required for restaurant and bar area

Government Service

1 per 300 square feet

Health Club

1 per 200 square feet

Hospital

1 per 4 beds patient capacity, plus 1 per 2 employees

Hotel or Motel

1 per guest room, plus 1 per 10 guest rooms, plus required spaces for restaurant, assembly and other uses within hotel/motel.

Library

1 per 500 square feet

Marina

1 per boat slip

Medical Service

1 per 200 square feet

Military Service

Spaces to be provided pursuant to Schedule C

Mobile Home Sales

Spaces to be provided pursuant to Schedule B

Office, General

1 per 200 square feet

Post Office

1 per 200 square feet

Recreational Vehicle Park

1 per camping space

Religious Assembly

1 per 4 seats

Repair Service

1 per 400 square feet

Research Service

1 per 300 square feet

Restaurant, Fast Food

1 per 75 square ft. of customer service or dining area, 1 per 200 square ft. if no customer service or dining area, plus stacking spaces

 

per section 16-801(n)(1) as may be applicable

Restaurant, General

1 per 150 square feet for first 2,500 square ft., plus 1 per 100 square feet over 2,500 square feet

Retail Sales and Service

1—25,000 square feet = 1 per 200 square feet

25,001—40,000 sq. ft. = 1 per 250 square feet

40,001—60,000 sq. ft. = 1 per 225 square feet

60,001 + square feet = 1 per 200 square feet

School, Elementary, Middle or High

Spaces to be provided pursuant to Schedule C

Service Stations

1 per service bay, plus 0.5 per pump

Shooting Range

Spaces to be provided pursuant to Schedule C

Studio, Television or Film

1 per 200 square feet

Vehicle and Equipment Sales

Spaces to be provided pursuant to Schedule B

Vehicle/Equipment Storage Yard

Spaces to be provided pursuant to Schedule B

Vehicle Repair

5 per service bay

Vocational School

1 per 3 students, plus 0.5 per faculty member at maximum occupancy

Warehouse, Residential Storage

1 per 10 storage bays or 1 per 500 square feet, whichever produces more spaces

MANUFACTURING, INDUSTRY AND EXTRACTIVE USE

Asphalt Concrete Plant

1 per employee

Basic Industry

Spaces to be provided pursuant to Schedule B

Compost Facility

Spaces to be provided pursuant to Schedule B

Food/Bakery Product Manufacturing

1 per 1,000 square feet or 1 per employee, whichever results in more spaces

Freight Terminal

Spaces to be provided pursuant to Schedule B

Gas and Fuel Sales

Spaces to be provided pursuant to Schedule B

Gas and Fuel Storage

1 per employee

Hazardous Operation

Spaces to be provided pursuant to Schedule B

Laundry Service

1 per 500 square feet or 1 per employee, whichever results in more spaces

Manufacturing and Assembly

Spaces to be provided pursuant to Schedule B

Mining or Quarrying

1 per employee

Oil or Gas Drilling

1 per employee

Oil Refining

1 per employee

Printing and Publishing

1 per 1,000 square feet or 1 per employee

Salvage Yard

Spaces to be provided pursuant to Schedule B

Solid Waste Collection/Processing

1 per 1,000 square feet

Stockyard

1 per employee

Utility, Major

Spaces to be provided pursuant to Schedule B

Utility, Minor

None

Warehousing and Wholesale

Spaces to be provided pursuant to Schedule B

Welding or Machine Shop

1 per 1,000 square feet or 1 per employee, whichever results in more spaces

AGRICULTURAL USES

Agricultural Processing

Spaces to be provided pursuant to Schedule B

Agricultural Sales and Service

Spaces to be provided pursuant to Schedule B

Agriculture, General

None

(d)   Off-street parking Schedule B. Uses required to provide off-street parking spaces in accordance with Schedule B shall utilize the following table. Parking is required for each of the component activities located on the lot.

Schedule B

Activity

Number of Spaces Required

Office or administrative area

1 per 300 square feet

Indoor sales, service or display area

1 per 500 square feet

Outdoor sales, service or display area (3,000 square feet in area or less)

1 per 750 square feet

Outdoor sales, service or display area (over 3,000 square feet in area):

 

Motor Vehicles and Heavy Equipment Sales/Storage

1 per 2,000 square feet

Other Sales/Service/Display

1 per 1,000 square feet

Indoor storage, warehousing, equipment servicing or manufacturing area

1 per 500 square feet

(e)   Schedule C. Uses required to provide off-street parking spaces in accordance with Schedule C; have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard. The minimum off-street parking standard for such uses shall be determined by a parking study or the planning director may approve a minimum standard proposed by the developer/user provided justification for proposing such a standard is included.

(f)    Computing off-street parking and loading requirements.

(1)   Multiple uses. Except as otherwise specifically provided, lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses.

(2)   Fractions. When measurements of the number of required spaces result in fractions, the required parking spaces shall be rounded up to the next whole number.

(3)   Area. Unless otherwise noted in the provisions, all square footage-based parking and loading standards shall be computed on the basis of gross floor area.

(4)   Employees, students and occupant-based standards. For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, that is applicable and that results in the greater number of spaces.

(5)   Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the planning director shall apply the off-street parking standard specified for the listed use that is deemed most similar to the use proposed in the application or require a parking study in accordance with Schedule C.

(g)   Off-street parking for persons with disabilities. Off-street parking facilities shall be designed and constructed in accordance with all requirements of the American with Disabilities Act and the Uniform Federal Accessibility Standards.

(h)   Location and setbacks of off-street parking spaces.

(1)   On-site. Except as otherwise specifically provided, required off-street parking spaces shall be located on the same lot as the principal use.

(2)   Residential districts. In residential districts, there shall be no parking or paving within the required front yard, except as permitted in customary driveways.

(3)   Nonresidential districts. In commercial and industrial zoning districts, off-street parking spaces shall be setback a minimum of ten feet from public street right-of-way and lot lines that abut residentially zoned properties.

(i)    Parking in excess of minimum standards. Off-street parking spaces provided in excess of minimum standards shall comply with all standards of this section.

(j)    Off-street parking in residential districts.

(1)   The paved area of driveways serving single-family or duplex uses shall not exceed 35 feet in width.

(2)   On-street parking of vehicles with a gross vehicle weight greater than one ton or containing more than two axles shall be prohibited in residential districts. This provision shall not prohibit temporary parking of vehicles making pickups or deliveries.

(k)   Use of off-street parking spaces. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition and shall not be used for the storage of boats, motor homes, campers, mobile homes or materials.

(l)    Shared and off-site parking. Required off-street parking spaces shall be located on the same lot as the use it is intended to serve, provided that the planning director shall be authorized to allow all or a portion of required off-street parking spaces to be fulfilled through shared or off-site parking provided the shared or off-site parking complies with the following standards.

(1)   Ineligible activities. Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, bars, convenience stores, or convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.

(2)   Location. No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. Off-site parking spaces shall not be separated from the use by a street right-of-way with a width of more than 80 feet unless a grade-separated pedestrian walkway is provided.

(3)   Zoning classification. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served.

(4)   Peak occupancy. For shared parking, the uses to share the space shall not have the same peak occupancy time period.

(5)   Agreement for share or off-site parking. In the event that a parking area is not under the same ownership as the principal use served, a written agreement shall be required. An attested copy of the agreement between the owners of record shall be submitted to the planning director. Such agreement shall take place before issuance of a building permit for any use to be served by the off-site parking area.

(m)  Off-street parking and loading area design standards.

(1)   Surfacing. All off-street parking and loading areas shall be graded and paved in accordance with city standards.

(2)   Lighting. Sufficient lighting shall be provided for any off-street parking areas with five or more vehicle spaces that are used after dark. Off-street parking areas in I Industrial Districts shall be exempt from the minimum lighting standards of this subsection. Parking lot lighting shall be subject to the section 16-807, Outdoor lighting standards.

(3)   Drainage. All off-street parking and loading areas shall be designed to not increase the rate of stormwater runoff onto adjoining properties or streets. Drainage plans for off-street parking and loading areas shall be reviewed by the city.

(4)   Curbing. The perimeter of all off-street parking and loading areas and their access drives shall be curbed, with the exception of driveways for single-family and duplex residences. Landscaped islands and other interior parking features shall also be protected by curbs.

(5)   Striping. Off-street parking areas containing five or more spaces shall be delineated by pavement striping.

(6)   Parking space dimensions. Required off-street parking spaces shall be designed in accordance with the minimum standards shown below in the parking area design table. In the event that proposed parking angles are not shown in the table, required parking shape dimensions shall be interpolated from the table below:

     Parking Area Design Table

Parking                       Dimensions (Feet)

90 Angle Parking:                    

Stall Width (A)                       9

Stall Length (B)                     18

Aisle Width (C)                     26

45 Angle Parking:                    

Stall Width (A)                       9

Stall Length (B)                     18

Aisle Width (C)                     12

Curb Length (D)                    12.7

Stall Depth (E)                      17.5

(7)   Loading space dimensions. Off-street loading spaces shall be at least 14 feet by 50 feet in size, with a minimum 18-foot height clearance.

(8)   Timing of construction. Parking and loading spaces, driving aisles and accessways must be constructed before issuance of occupancy certificates.

(n)   Stacking spaces for drive-throughs. In addition to meeting the off-street parking requirements of this section, drive-through facilities shall comply with the following minimum stacking space standards:

(1)   Stacking space schedule. The minimum number of stacking spaces required shall be as follows:

Use Type

Minimum Spaces

Measured From

Bank teller lane

4

Teller or Window

Automated teller machine

3

Teller

Restaurant drive-through

8

Order Box

Car wash stall, automatic

6

Entrance

Car wash stall, self-service

3

Entrance

Other

To be determined by traffic study

Gas Pump Island

Thirty (30) feet from each end of pump island

(2)   Design and layout. Stacking spaces shall be subject to the following design and layout standards.

(A)  Stacking shapes shall be a minimum of eight feet by 20 feet in size;

(B)  Stacking spaces shall comply with the parking setback standards of section 16-801(h), Location and setbacks of off-street parking spaces;

(C)  Stacking spaces shall be designed so as not to impede on- and off- site traffic movements or movements into or out of parking spaces; and,

(D)  Stacking spaces shall be separated from other internal driveways with raised medians, as deemed necessary by the planning director for traffic movement or safety.

(o)   Off-street loading. Off-street loading spaces shall be provided in accordance with the following minimum standards:

Floor Area

Minimum Off-Street Loading Requirement

3,000 to 25,000 sq. ft.

1

25,001 to 100,000 sq. ft.

2

100,001 to 250,000 sq. ft.

3

250,001 to 500,000 sq. ft.

5

500,001 to 750,000 sq. ft.

7

750,001 to 1,000,000 sq. ft.

9

1,000,001 + sq. ft.

10 + one per each 250,000 sq. ft. above 1,000,000

(p)   Off-street parking and loading plans. Plans showing the layout and design of all required off-street parking and loading areas shall be submitted to the city and approved before issuance of a building permit. All required off-street parking spaces shall be clearly marked on the plan.

(Code 2016, Sec. 106-94)

The following standards shall apply to all driveways providing access to multi-family or nonresidential uses.

(a)   General standards.

(1)   Off-street parking spaces shall be arranged so that no vehicle will back directly onto a street. All private parking areas and circulation drives shall be located off of the street right- of-way.

(2)   Access to property shall be allowed only by way of driveways, and no other portion of the lot frontage shall be used for ingress or egress.

(3)   Any driveway design must allow an entering vehicle turning speed of 15 miles per hour to help reduce interference with through street traffic. Radii of driveway shall be sufficient to achieve this standard for the types of vehicles that the driveway is intended to serve.

(4)   There must be sufficient on-site vehicle storage to accommodate queued vehicles waiting to park or exit, without interfering with street traffic.

(5)   Provisions for circulations between adjacent parcels should be provided through coordinated or joint parking systems.

(6)   Driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress.

(7)   Driveway design must be such that vehicles entering the driveway from the street will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first through-traffic lane available without encroaching into the adjacent through-lane.

(b)   Right turn lanes and tapers. Right turn lanes and taper shall be required when:

(1)   Expected right-turn ingress movements meet or exceed 50 vehicles per hour during a typical weekday peak traffic period.

(2)   Driveway volumes are expected to meet or exceed 1,000 vehicles per day calculated using the Institute of Transportation Engineers site generated traffic standards for closest matching land use category as set forth in the most recent edition of the ITE Trip Generation Manual.

(3)   The planning director can document through traffic analysis that such treatment is necessary to avoid congestion and/or unsafe conditions on the public arterial.

(c)   Driveway grade. The grade of a two-way, one-way or divided driveway shall not exceed two percent for a minimum distance of 25 feet from the edge of the pavement.

(d)   Sight distance. Direct-access driveways shall be located to allow the following minimum sight distance:

Design Speed of Street (MPH)        Minimum Sight Distance (Feet)

                  30                                                  200

                  35                                                  225

                  40                                                  275

                  45                                                  325

                  50                                                  350

(e)   Driveway spacing.

(1)   Arterial streets. Direct access to an arterial street shall be permitted only when the subject property has no other reasonable access to the street system and only if the governing body with the recommendation of the planning director determines that the proposed access point onto the arterial street can be accommodated safely. When direct access to an arterial street is approved, the following standards shall apply.

(A)  Spacing from signalized intersections. All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection is at least 250 feet from the perpendicular curb face of the intersecting street. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, the governing body with the recommendation of the planning director may reduce the spacing so long as the reduction does not result in an unsafe traffic condition.

(B)  Spacing from other (nonsignalized) access points. All driveways providing access to Arterial streets shall be constructed so that the point of tangency of the curb return radius closest to all nonsignalized street or driveway intersections is at least 200 feet from the perpendicular curb face of the intersecting street or driveway. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, the governing body may reduce the spacing so long as the reduction does not result in an unsafe traffic condition.

(2)   Waivers. Waivers for these access standards may be approved by the governing body with the recommendation of the planning director if he determines that the requested waiver will not create a serious detriment to the safety or operation of traffic on the street or roadway. The governing body with the recommendation of the planning director may require that the applicant for a waiver submit a traffic analysis if it is determined that such an analysis is necessary in order to render a competent decision on the requested waiver.

(f)    Driveways per lot.

(1)   Unless otherwise specifically restricted, one driveway opening shall be allowed per 200 feet of continuous street frontage. At least one driveway shall be permitted for any one lot.

(2)   Lots with 200 feet of frontage or less may apply for a secondary driveway if shared with an adjoining lot, provided that the required minimum spacing is maintained. In such cases, only one shared driveway will be permitted.

(g)   Driveway width. Except for dual driveways approved by the governing body, the width of the driveway throat shall not exceed 35 feet.

(h)   Right-of-way work permit. No construction, grading, excavation, repair or reconstruction of any street, curb or gutter; or any sidewalk or driveway between the street and property line shall be commenced without first obtaining a right-of-way work permit from the planning director.

(Code 2016, Sec. 106-95)

The zoning district standards of article V establish many property development standards that apply within individual zoning districts. The rules governing exemptions, computations and measurements related to zoning district property development standards are established in this section.

(a)   Summary of residential property development standards. The following residential property development standards table provides a summary of the property development standards that apply within residential zoning districts. In the event of conflict between the standards of this table and the standards listed within the text of article V, the standards listed in article V shall control.

Residential Property Development Standards Table (Minimum Lot Size)

 

A-L

R-1

R-2

R-3

Single-Family Detached

3 acres

7,500 sq. ft.

5,000 sq. ft.

5,000 sq. ft.

Single-Family Attached (square feet per dwelling unit)

NA

NA

3,000 sq.
ft./unit

3,000 sq. ft.

Duplex

NA

NA

3,000 sq.
ft./unit

2,500 sq. ft./unit

Multi-family

NA

NA

NA

1,500 sq. ft./unit
(min 6,000)

Other Uses

NA

NA

7,500 sq. ft.

7,500 sq. ft.

Minimum Lot Width

200 ft.

70 ft.

50 ft.

50 ft.

Minimum Front Setback

25 ft.

25 ft.

25 ft.

25 ft.

Minimum Side Setback

15 ft.

5 ft.

5 ft.

5 ft.

Minimum Rear Setback

20 ft.

20 ft.

20 ft.

20 ft.

Maximum Building Coverage (percent of lot area)

25%

35%

35%

40%

Maximum Height

35 ft.

35 ft.

35 ft.

45 ft.

(b)   Summary of nonresidential property development standards. The following nonresidential property development standards table provides a summary of the property development standards that apply within residential zoning districts. In the event of conflict between the standards of this table and the standards listed within the text of article V, the standards listed in article V shall control.

Nonresidential Property Development Standards

Development Standards

C-0

C-1

C-2

I

Minimum Lot Size (square feet)

6,000

None

None

10,000

Minimum Lot Width (feet)

50

None

None

100

Minimum Front Setback (feet)

25

0

25

25

Minimum Side Setback (feet)

5—151

0

5—151

15

Minimum Rear Setback (feet)

20

0

20

20

Maximum Building Coverage (% of lot area)

65

100

75

85

Maximum Height (feet)

45

45

45

45—752

Notes:

(1)   The minimum side setback shall be 15 feet if abutting a residentially zoned property.

(2)   The maximum height may be increased to 75 feet if the structure is more than 150 feet from a residential district.

(c)   Lot size.

(1)   Reduction of public purpose. When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot size for the district that it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Unified Development Code.

(2)   Utilities. Utilities (major or minor) using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum lot size standards of all zoning districts.

(3)   Single-family dwelling exemptions. The minimum lot size standards of this Unified Development Code shall not be interpreted as prohibiting the construction of a single- family dwelling unit, in accordance with all other applicable regulations, on a lot that was legally platted or recorded before the adoption of this Unified Development Code.

(d)   Residential densities. The zoning district regulations of this Unified Development Code express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by dividing the subject lot’s total lot area by the applicable lot area (per dwelling unit) requirement of the district. The number of dwelling units permitted in a mixed-use building (one containing residential and nonresidential uses) shall not be affected by virtue of the building’s mixed-use status. As with non-mixed-use projects, the maximum number of dwelling units allowed shall be calculated by dividing the subject lot’s total lot area by the applicable lot area requirement of the district.

(e)   Setbacks.

(1)   Features allowed within setbacks. The following features may be located within setbacks:

(A)  Trees, shrubbery or other landscape features;

(B)  Fences and walls, subject to section 16-703, Accessory use and structure development and operational standards;

(C)  Driveways and sidewalks;

(D)  Signs, where permitted;

(E)   Steps to the principal entrance, walks and balustrades;

(F)   Bay windows, architectural features, cantilevered floors, chimneys and other ornamental features of buildings that do not project more than two feet into the required setbacks;

(G)  Fire escapes that do not extend into a setback by more than 30 percent of the required setback dimension; and,

(H)  Utility lines, wires and associated structures, such a power poles.

(2)   Side or rear setback exemptions in I Industrial Districts. No side or rear setback shall be required for a lot within an I Industrial District if the lot adjoins a railway right-of-way or has a rear railway track connection, provided that sufficient access for firefighting equipment is available. Such access shall be approved by the fire chief before issuance of any permit.

(3)   Setback averaging. If the existing front setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street are less than the required front setback of the underlying zoning district, applicants shall be allowed to use the “average” front setback on that block. In such cases, the “average setback” shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of way widths dropping below established minimums.

(4)   Setback reduced for public purpose. When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 75 percent of the required minimum setback for the district that it is locate, then that remaining setback shall be deemed to satisfy the minimum setback standards of this Unified Development Code.

(f)    Height.

(1)   Fences or walls. In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall.

(2)   Exemptions from height standards. The following structures and features shall be exempt from the height requirements of this Unified Development Code:

(A)  Chimneys, smokestacks or flues;

(B)  Cooling towers and ventilators;

(C)  Elevators bulkheads and stairway enclosures;

(D)  Grain elevators and silos;

(E)   Flagpoles, radio and television receiving antennas and support structures, provided that they shall not exceed 150 percent of the maximum height permitted within the zoning district that they are located, measured from average finished grade at the base of the support structure or building that it is located;

(F)   Communication towers;

(G)  Utility poles, water towers and support structures;

(H)  Belfries, spires and steeples; and,

(I)    Monuments and ornamental towers.

(Code 2016, Sec. 106-96)

(a)   Purpose. The purpose of landscaping and screening requirements is to provide greenery to visually soften paved areas and buildings, provide shade, give maximum absorption of surface water, provide a buffer between incompatible uses, and generally enhance the quality and appearance over the enter area of the project.

(b)   Applicability. The standards of this section shall apply to all development except those specifically exempted in section 16-804(c), Exemptions.

(c)   Exemptions. The following shall be exempt from the standards of this section:

(1)   Single-family dwellings and duplexes;

(2)   Development in the C-1 Central Business District;

(3)   General agriculture uses in the A-L District; and

(4)   Improvements or repairs to existing development that do not result in an increase in floor area and changes in use that do not result in an increase in intensity of use.

(d)   General requirements.

(1)   A landscaping and screening plan shall be submitted in support of all applicable development.

(2)   All land areas which are to be unpaved or not covered by buildings shall be brought to finished grade, planted with grass or other ground cover and trees and shrubs in reasonable quantity and size.

(3)   Plant material shall be generally native to the area and shall consist, for the most part, of living plant material. (Artificial plant material may be used, but only in limited quantities.)

(4)   Vegetation, plants or trees that exist on the site prior to its development may be used to satisfy the landscaping requirements of this section provided it is properly protected during the construction process, is healthy and meets the requirements of this section.

(e)   Planting requirements.

(1)   Shade trees shall be planted on all projects and shall include such species as ash, sycamore, maple, oak or comparable trees suitable to the growing environment, which prevails.

(2)   Shade trees shall be of two-inch trunk diameter or greater, measured one foot above the ground.

(3)   Unless otherwise permitted by the planning commission, shade trees shall be planted in not less than the following quantities:

(A)  One shade tree per 10,000 square feet of lot area which shall be planted in lawn areas or landscaped open spaces.

(B)  In or adjacent to parking lots, one tree for each 20 parking spaces. If islands are provided for landscaping each island shall be sized sufficiently to ensure proper growth (not less than the size of one parking space), contain one or more shade trees, shrubs and ground cover and be protected by raised curbs or wheel stops to prevent damage by vehicles.

(4)   In addition to the above minimum shade tree requirements, reasonable quantities of ornamental trees, shrubs and foundation plantings shall be included.

(f)    Screen requirements.

(1)   Landscaping plans for all multi-family residential, commercial, office and industrial projects, shall include a detailed drawing of enclosure and screening methods to be used in connection with trash bins, storage yard, parking lots and equipment areas on the property.

(2)   A permanent masonry or frame enclosure shall be provided for each trash bin, unless the trash dumpsters or bins are not visible from any street and abutting residential property.

(g)   Landscaping in place prior to occupancy permits. All landscaping and screening shall be in place prior to the issuance of a final occupancy permit; however, a temporary certificate may be issued without the installation of landscaping if seasonal limitations prevent its planting, provided assurances are given that the planting will take place when the season arrives.

(h)   Maintenance.

(1)   The trees, shrubs and other landscaping materials depicted on plans approved by the city shall be considered as elements of the project, the same as parking areas, building materials and other plan details.

(2)   Should such plantings not be installed, maintained and replaced as is needed to comply with the approved plan, the owner shall be considered to be in violation of the terms of the building or occupancy permit and appropriate action may be taken.

(3)   Properly located hose connections and other watering facilities shall be provided to allow the required maintenance without undue difficulty or hardship on the tenant.

(i)    Plan approval.

(1)   Plans shall include complete and accurate scientific or common names of each plant material, the number of trees or plants to be planted, the size at planting, and areas to receive seed or sod.

(2)   All landscaping and screening plans shall be reviewed in terms of adequacy and suitability to the site and be approved by the governing body in conjunction with a site plan.

(Code 2016, Sec. 106-97)

(a)   General. No parcel, lot, building, or structure in any zoning district shall be used or occupied in a manner so as to create any dangerous, harmful, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use that is allowed by the underlying zoning district regulations, may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards.

(b)   Fire hazards. Any activity regulated by the National Fire Protection Association and any other city, state or federal fire regulation shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such fire hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved.

(c)   Vibration. No vibration shall be permitted that is detectable without instruments on any adjoining lot or property.

(d)   Noise. Noise that is objectionable due to volume, frequency, duration or beat shall be muffled or otherwise controlled so that there is no production of sound discernible at lot lines in excess of the average intensity of street and traffic noise at the lot lines. Tornado sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

(e)   Air pollution. All uses shall be so operated that no smoke, odor, dust or other form of particulate matter shall be emitted that exceeds the regulations established by the State of Kansas Department of Natural Resources. Such uses shall be located so that prevailing winds will carry such air pollution away from areas of greatest concentration of persons. Also, such shall be kept removed from adjacent activities to a distance that is compatible with the potential nuisance or hazard involved.

(f)    Water pollution. All uses shall conform to the requirements and regulations established by the State of Kansas Department of Natural Resources pertaining to the pollution of streams and other bodies of water.

(g)   Toxic materials. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes, gases or materials. The storage of toxic materials shall be in compliance with all local, state and federal regulations.

(Code 2016, Sec. 106-98)

Where a lot is used for other than a single-family dwelling, more than one principal use and structure may be located upon the lot provided the lot and structures comply with all applicable standards of this Unified Development Code.

(Code 2016, Sec. 106-99)

(a)   Purpose. The purpose of outdoor lighting standards is to regulate the spill over of light and glare on adjoining property.

(b)   Applicability. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted.

(c)   Exemptions. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts shall be exempt from the outdoor lighting standards of this section, provided that lights used for such activities shall not exceed a maximum post height of 80 feet and that steps are taken to limit light and glare spill over to adjacent property zoned R-3 or less intensive.

(d)   General regulations.

(1)   The height and style of lighting fixtures shall be in character with the building and streetscape design.

(2)   Site lighting, including freestanding, bollard, or lights attached to a building or canopy shall not be placed or directed to create excessive glare or light spill over on neighboring property or streets.

(3)   Lots abutting residential zoned property shall use low-level lighting and a maximum pole height of 18 feet to minimize glare and light spill over.

(4)   No flickering or flashing lights shall be permitted.

(Code 2016, Sec. 106-100)

(a)   Standards for outdoor storage and display in C-O and C-1. Outdoor daily display of merchandise and the storage and display of seasonal merchandise shall be permitted in the C-O and C-1 districts provided:

(1)   Only merchandise which may be appropriately displayed or stored outside a building and is for sale to the public shall be displayed or stored outdoors.

(2)   Outdoor storage and display shall not reduce the capacity of off-street parking below what is required by this Unified Development Code.

(3)   The merchandise shall not impede pedestrian or vehicular access to the building or the site.

(4)   The merchandise shall be well-kept.

(5)   Temporary or permanent storage of merchandise is prohibited in trucks, cargo carriers, shipping containers or other similar vehicles, containers or structures.

(6)   Outdoor daily displays shall be temporary in nature and shall be moved inside the business after business hours.

(b)   Standards for outdoor storage and display in C-2 and I. The outdoor storage and display of merchandise shall be permitted in the C-2 and I districts provided:

(1)   Only merchandise which may be appropriately displayed or stored outside a building and is for sale to the public shall be displayed or stored outdoors.

(2)   Outdoor storage and display shall not reduce the capacity of off-street parking below what is required by this Unified Development Code.

(3)   The merchandise shall not impede pedestrian or vehicular access to the building or the site.

(4)   The merchandise shall be well-kept.

(5)   Temporary or permanent storage of merchandise is prohibited in trucks, cargo carriers, shipping containers or other similar vehicles, containers or structures.

(6)   Outdoor storage and display of automobiles, trucks, and other motor vehicles are subject to the following:

(A)  Storage and display areas must be a minimum of 15 feet from street rights-of-way and six feet from all side or rear lot lines.

(B)  Motor vehicle parking areas where inoperable vehicles and damaged vehicles awaiting repair or sale or salvaged vehicles, or the storage of junk or salvage shall be screened from view of all public rights-of-way and all residential zoned property.

(Code 2016, Sec. 106-101)

(a)   Applicability. The design standards of this section shall apply in C-O and more intensive zoning districts to any new development, building addition or exterior renovation that requires a building permit.

(b)   Prohibited materials. The following materials shall not be used as exterior building materials and shall be prohibited on all exterior walls:

(1)   Metal panels in the C-O and C-1 districts; and,

(2)   Mirrored glass or opaque windows in the C-1 district.

(c)   Preferred materials. The use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.

(d)   Form, scale and proportion. The form and proportion of buildings shall be consistent with the scale, form and proportion of existing development in the immediate area.

(e)   Masses and voids. The pattern of structural mass to voids, such as windows and glass doors, of a front facade shall relate to the patterns established in adjacent buildings.

(f)    Front and street side exterior walls. Front and street side exterior walls shall possess visual interest through variations in building plane, materials, colors, entrance canopies and other design features. Street side exterior walls in the I Industrial district are exempt from this provision.

(g)   Visual interest. Monotony of design in single or multiple building projects shall be avoided. Variation of detail and form shall be used to provide visual interest. The use of different textures, complementary colors, shadow lines and contrasting shapes may also be used to provide visual interest.

(h)   Screening of equipment. Roof mounted equipment, including ventilators and satellite dishes shall be completely screened from view or isolated so as not to be visible from any public right-of-way or residential zoning district within 300 feet of the subject lot. Such screens and enclosures, when used, shall be coordinated with the building to maintain a unified appearance.

(Code 2016, Sec. 106-102)

On corner lots, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet and eight feet above grade within the triangular area formed by two lines drawn from the corner, following street pavement edges for 25 feet, then connecting the two lines with a line running across the lot. This sight triangle standard may be increased by the planning commission with a recommendation from the planning director, when deemed necessary for traffic safety.

(Code 2016, Sec. 106-103)

All newly constructed, modified or upgraded lines for telephone, electrical, television and other services distributed by conduit, wire or cable shall be placed underground. The provision shall not be construed to prohibit the construction of above ground or surface equipment associated with an underground distribution system, such as, but not limited to, surface mounted transformers, power terminal pedestals, meters and meter boxes, concealed wires, street lights and street light poles.

(Code 2016, Sec. 106-104)