APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE 4. ZONING DISTRICTS

A.    Off-street parking and loading required by Article 5.

B.    Accessory and temporary uses and home occupations as permitted by Article 6.

C.    Signs as permitted in Article 7.

This district is designed to provide for single-family dwellings at a low density and to allow certain public facilities.

A.    Permitted Uses.

1.    Single-family detached and group home dwellings and residential-design manufactured homes.

2.    Churches, chapel, temples and synagogues; however, prefabricated metal structures are not permitted.

3.    Golf courses, including accessory club houses, but not commercial golf driving ranges, pitch and putt or miniature golf courses.

4.    Public and private schools:  educational buildings for primary, intermediate and secondary schools including administrative  centers, but not transportation centers, recreation areas, spectator sports facilities and the like.  All such uses must be located on land which is properly platted.

5.    Public parks and playgrounds.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, or State government.

2.    Cemeteries, private or public.

3.    Activity centers for senior citizens. 

4.    Bed and breakfast homes.

5.    Transportation centers, recreation areas, spectator sports facilities and the like for public and private primary, intermediate and secondary schools.

C.    Conditional Uses.

1.    Child care centers and preschools.

2.    Earth-sheltered dwellings, provided that the design is compatible with adjacent properties including such items as drainage, parking and accessory structures.

3.    Manufactured homes on individual lots or as a related use to an existing dwelling, but only permitted where an usual hardship is shown, including construction or reconstruction of a dwelling, and for a stated period of time.  Time periods may be extended upon request to the Board of Zoning Appeals without further notice given.  (See Section 3-103N4 for temporary permits in the event of a disaster.)

4.    Swimming, tennis, racquetball and similar other private recreational club activities and related clubhouses.

5.    Public and private utility uses as follows:  electric and telephone substations; gas regulator stations; pumping stations; and water towers and standpipes.

D.    Lot Size Requirements.

1.    Minimum lot area:          20,000 square feet.

2.    Minimum lot width:        100 feet.

3.    Minimum lot depth:        125 feet.

E.    Bulk Regulations.

1.    Maximum structure height:          35 feet.

2.    Yard requirements:

a.     Minimum front yard: 25 feet on all sides abutting a street.

b.     Minimum side yards:

(1)   Single-family:  10 feet.

(2)   All other permitted uses:           25 feet.

3.    Minimum rear yard:        25 feet.

4.    Maximum lot coverage:   30%.

This district is designed to provide for single-family dwellings at a medium density and to allow certain public facilities.

A.    Permitted Uses.

1.    Any use permitted in the R-1 Residential District.

B.    Special Uses.

1.    Any special use that may be allowed in the R-1 Residential District.

C.    Conditional Uses.

1.    Any conditional use that may be allowed in the R-1 Residential District; except that  any manufactured homes allowed by Section 4-101 C 3 must be located on a minimum lot area of 20,000 square feet.

2.    Greenhouses.

D.    Lot Size Requirements.

1.    Minimum lot area:

a.     Single-family detached dwellings: 10,000 square feet.

b.    All other permitted uses: 10,000 square feet.

2.    Minimum lot width:

a.     Single family detached dwellings: 75 feet.

b.      All other permitted uses: 90 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height: 35 feet.

2.    Yard requirements:

a.     Minimum front yard: 25 feet on all sides abutting a street

b.    Minimum side yard:

(1)   Single-family:  8 feet.

(2)   All other permitted uses: 15 feet.

c.     Minimum rear yard: 25 feet.

3.     Maximum lot coverage:  35%

This district is designed to provide for a slightly higher density of two, three and four-family dwellings co-mingling with compatible single-family dwellings.

A.    Permitted Uses.

1.    Any use permitted in the R-2 Residential District, except residential-design manufactured home.

2.    Single-family attached and two, three, and four-family dwellings.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, or State government.

2.     Activity centers for senior citizens.

3.     Bed and breakfast homes and inns.

4.     Mini-storage facilities, subject to the following conditions which may be more or less restrictive than otherwise required in the district: (See Section 2-102 for definitions of mini-storage facility.)

a.     A preliminary development plan reflecting the conditions in this subsection shall be submitted with the application for a special use amendment.  A final development plan reflecting all conditions as approved including fencing and landscaping shall be submitted with any application for a zoning permit plus an architectural building design, if required.

b.    The use must front on an arterial or collector street as designated in the Comprehensive Plan.

c.     Vehicular ingress/egress shall be limited to one point for each side of the property abutting any arterial or collector street.

d.    Any side of the building providing doorways to storage areas shall be set back from the property line not less than 35 feet.

e.     The building height shall not exceed one story.

f.     Space may be allocated for manager's quarters.

g.     Maximum lot coverage shall be limited to 50%.

h.    All driveways, parking loading, and vehicle circulation areas  shall  be  paved  with  concrete,  asphalt,  or asphaltic concrete.  Adequate bumper guards or fences shall be provided to prevent the extension of vehicles beyond the property lines.

i.     The premises shall be properly policed by the operator for removal of trash. Solid waste disposal areas shall be screened or so located as not to be visible to the public.

j.     All lights shall be shielded to direct light on the uses established and away from adjacent property; however, they may be of sufficient intensity to discourage vandalism and theft.

k.     Business signs identifying the nature of the mini-warehouse itself are permitted as wall signs, which do not exceed 40 square feet in an area, and may be indirectly illuminated only facing arterial streets.

l.     The exterior areas of mini-warehouses shall be of finished quality.  When the development is in close proximity to existing or potential residential development, the architectural design of the building shall be submitted to the Planning Commission for review and a recommendation to the Governing Body as to whether or not the architecture is compatible to surrounding development or is otherwise properly screened.

m.   Fencing shall be provided around the perimeter of the development.  Landscaping shall be provided along all street frontages as well as along the borders abutting any residential zoning districts when deemed desirable by the Planning Commission.   The combined design of fencing and landscaping as screening to minimize the environmental impact of such operations shall consider the affects of possible visual blight, illumination, headlight glare, noise, and blowing trash and dust.  All areas not otherwise paved shall be landscaped.

n.    No business activities other than rental of storage units shall be conducted on the premises.

o.    The servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment shall not be permitted on the premises.

p.    Such other conditions as shall be deemed necessary for orderly development.

C.    Conditional Uses.

1.    Child care centers and preschools.

2.    Swimming, tennis, racquetball and similar private recreational club activities and related clubhouses.

D.    Lot Size Requirements.

1.    Minimum lot area:

a.     Single-family detached dwellings:    10,000 square feet.

b.     Single-family attached dwellings and two-family dwellings:  5,000 square feet per dwelling unit.

c.     Three and four-family attached dwelling units: 3,000 square feet per dwelling unit, but not less than a 10,000 square foot lot.

d.    All other permitted uses: 10,000 square feet.

2.    Minimum lot width:

a.     Single-family detached dwellings: 75 feet.

b.    Single-family attached and two-family dwellings: 75 feet

c.     Three and four-family dwellings: 100 feet.

d.    All other permitted uses: 75 feet.

E.    Bulk Regulations.

1.    Maximum structure height: 35 feet.

2.    Yard requirements:

a.     Minimum front yard: 25 feet on all sides abutting a street.

b.    Minimum side yard:

(1)   Single-family attached: 8 feet on each side, except for the common lot line of an attached dwelling.(See 2-102 for definition of Dwelling, Attached.)

(2)   All other permitted residential dwellings: 8 feet.

(3)   All other permitted uses: 15 feet.

c.     Minimum rear yard: 25 feet.

3.    Maximum lot coverage: 35%.

This district is designed to provide for multiple-family development at medium densities where such uses may be located along arterial streets and some collector streets and also used as a buffer area around business districts.  The district is not intended generally for a single-family type use except as incidental to the area.

A.    Permitted Uses.

1.    Any use permitted in the R-3 Residential District.

2.    Multiple-family dwellings.

3.    Boarding or rooming houses.

4.    Adult and child care centers and preschools.

B.    Special Uses.

1.    Any special use that may be allowed in the R-3 Residential District.

2.    Hospitals and medical and dental offices and health clinics.

3.    Multiple dwelling units for the elderly and handicapped whereby density and parking requirements may be varied from the standards otherwise required by these regulations.

4.    Nursing and convalescent homes, including barber shops, beauty shops, pharmacies, gift shops, newsstands and restaurants, provided such uses can be entered only from an interior lobby or hallway.

5.    Rehabilitation houses such as “halfway” houses.

6.    Activity centers for senior citizens.

C.    Conditional Uses,

1.    Swimming, tennis, racquetball and similar recreational club activities and related clubhouses.

D.    Lot Size Requirements.

1.    Minimum lot area:

a.     Single-family detached dwellings: 8,000 square feet.

b.    Single-family attached dwellings and two-family dwellings: 4,000 square feet per dwelling unit.

c.     Three and four-family units: 3,000 square feet per dwelling unit, but not less than a 10,000 square foot lot.

d.    Multiple-family dwellings:  3,000 square feet per dwelling unit, but not less than a 10,000 square foot lot.

e.     Other permitted uses: 10,000 square feet.

2.    Minimum lot width:

a.     Single-family detached dwellings: 75 feet.

b.    Single-family attached and two-family dwellings: 75 feet

c.     Three and four-family dwellings: 100 feet.   

d.    Multiple family dwellings: 100 feet

e.     All other permitted uses: 75 feet

3.    Minimum lot depth: 100 feet.

E.    Bulk Regulations.

1.    Maximum structure height: 45 feet.

2.    Yard requirements:

a.     Minimum front yard: 20 feet on all sides abutting a street.

b.    Minimum side yard:

(1)   Single-family attached: 7 feet on each side, except for the common lot line of an attached dwelling. (See Section 2-102 for definitions of  Dwelling, Attached.)

(2)   All other permitted residential dwellings:           7 feet.

(3)   All other permitted uses: 10 feet.

c.     Minimum rear yard: 20 feet.

3.    Maximum lot coverage: 40%.

This district is designed to provide for some flexibility and innovativeness in Zero Lot Line (ZLL) housing designs for single-family dwellings by permitting more variations and reductions in the lot size and bulk requirements than those required in other residential districts, but retaining a minimum housing size comparable to conventional single-family dwellings in the surrounding area.

A.    Permitted Uses.

1.    Single-Family detached dwellings and residential-design manufactured homes.

B.    Special Uses.

1.    None.

C.    Conditional Uses.

1.    None.

D.    General Conditions.

1.    Land used for a R-5 District:

a.     Shall be located as a self-contained unit of development such as created by (1) cul-de-sac; (2) ZLL lots which face similar types of lots across a street and are not located on a street carrying substantial volumes of traffic such as arterial or collector streets; or (3) lots which face land use other than single or two-family dwellings either existing or potentially to be developed.

b.    Shall, as a condition of zoning, be platted according to the Subdivision Regulations of the City with specific attention given to any problems of drainage or utility easements which may be created by the particular design concept.

2.    A fencing and/or screening design plan for all ZLL lots shall be submitted showing how privacy for each lot and its relationship to other lots will be achieved.

3.    To insure privacy, no windows, doors, or other openings shall be permitted on the wall with the most minimum setback.  Such wall shall be constructed of the same materials as the other exterior walls of the dwelling unit.

4.    Notwithstanding the parking space requirements of Section 5-101 A 1, each dwelling shall have at least one parking space as required by the provisions of Article 5 plus adequate space for at least two automobiles in the driveway area.

5.    Proposed restrictive covenants shall be submitted guaranteeing the maintenance of the fencing and/or screening plan, access for maintenance of structures in close proximity to one another and other restrictions necessary to carry out the intent of the overall design concept.

6.    In the event that, within two years following approval by the Governing Body, the applicant does not initiate construction in accordance with the plans and conditions so approved, the Planning Commission may initiate action to rezone the property according to the procedures of Article 11.  At the public hearing, the applicant shall be given an opportunity to show why construction has been delayed.  Following the hearing, the Planning Commission shall make findings of fact and an appropriate recommendation to the Governing Body for official action.

E.    Lot Size Requirements.

1.    Minimum lot area:          5,400 square feet.

2.    Minimum lot width:        60 feet.

3.    Minimum lot depth:        90 feet.

F.    Bulk Regulations.

1.    Maximum structure height:  35 feet.

2.    Yard requirements:

a.     Minimum front yard.

       On corner lots, 25 feet on all sides abutting a street, except that 15 feet is permitted where such frontage is adjacent to an interior ZLL lot.  On interior lots, 15 feet, except that the length and width of the driveway area must extend at least 22 feet from the front lot line.

b.    Minimum side yard:

       A minimum of 10 feet maintained between the adjacent residential structures. Overhanging eaves and gutters are permitted by Section 3-103 F 1; provided that provisions for their extension and maintenance over adjacent property is contained in the restrictive covenants.

c.     Minimum rear yard: 15 feet.

3.    Maximum lot coverage: 60%.

This district is designed to provide for various types of housing at medium densities including multiple-family development, all of which is restricted to a form of ownership as independent condominium units.

A.    Permitted Uses.

1.    Single-family detached and attached dwellings and group homes.

2.    Two, three and four-family dwellings.

3.    Multiple-family dwellings.

4.    Golf courses, including accessory club houses, but not commercial driving ranges, pitch and putt or miniature golf courses.

5.    Child care centers and preschools.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, State or federal government.

2.    Multiple dwelling units for the elderly and handicapped whereby density and parking requirements may be varied.

3.    Retirement centers.

4.    Activity centers for senior citizens.

C.    Conditional Uses.

1.    Swimming, tennis, racquetball and similar other private recreational club activities and related clubhouses.

D.    Lot Size Requirements.

1.    Minimum lot area:

a.     Single-family detached dwelling units:          8,000 square feet.

b.    Single-family attached and two-family dwelling units:  4,000 square feet per dwelling unit.

c.     Three and four-family dwelling units: 3,000 square feet per dwelling unit, but not less than a 10,000 square foot lot.

d.    Multiple-family dwelling units: 3,000 square feet per dwelling unit, but not less than a 10,000 square foot lot.

e.     Other permitted uses: 10,000 square feet.

2.    Minimum lot width:        100 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height: 45 feet.

2.    Yard requirements:

a.     Minimum front yard: 20 feet on all sides abutting a street.

b.    Minimum side yard: 10 feet

c.     Minimum rear yard: 20 feet

3.    Maximum lot coverage: 40%

F.    Use Limitations.

1.    All residential developments must meet the definition for a condominium as defined in Section 2-102 including the requirements in the declaration to guarantee maintenance provisions.

2.    Wherever more than one residential building is proposed for development with common open space provided, a site development plan drawn to scale must be submitted for approval concurrently with any application for an amendment to the R-6 Residential District.  Such plan shall show in graphic and statement format how the proposed locations of the multiple buildings will meet the minimum lot size requirements and bulk regulations of the R-6 District and the layout for parking and vehicular access.

3.    Issuance of a zoning permit and/or occupancy certificate is conditioned upon submittal of the approved site development plan as the basis for the application upon which the permit and/or certificate is to be issued.

This district is designed to provide for medium density manufactured home parks where such uses may be located along arterial streets.  Manufactured homes will not be allowed on individually owned zoning lots.  No more than 10% of the manufactured homes may be for rent.  Manufactured home parks may be further governed by a City Mobile Home Park Ordinance.

A.    Permitted Uses.

1.    Manufactured home parks including related facilities for the residents, such as:

a.     Child care centers.

b.    Recreational facilities such as playgrounds, swimming pools, tennis courts, shuffleboards, ball fields, and lakes providing boating and fishing.

c.     Recreation or community buildings, washrooms, restrooms, laundry facilities, storm shelters, storage areas, and offices for the manufactured home parks.

B.    Special Uses.  None.

C.    Conditional Uses.

1.    Sales area for storage and inspection of new or used unoccupied manufactured homes.

D.    Lot Size Requirements for Manufactured Home Parks.

1.    Minimum lot area:          80,000 square feet.

2.    Minimum lot width:        150 feet.

3.    Minimum lot depth:         140 feet.

E.    Bulk Regulations for Manufactured Home Parks.

1.    Maximum structure height:  35 feet.

2.    Yard requirements:

a.     Minimum front yard:            25 feet on all sides abutting a street.

b.    Minimum side yard: 15 feet, unless otherwise established by the standards of Section 4-107F.

c.     Minimum rear yard: 25 feet, unless otherwise established by the standards of Section 4-107F.

d.    Maximum lot density:          Seven manufactured homes per acre.

F.    Standards for Manufactured Home Parks.  Each manufactured home park shall be designed so as to comply with the following standards.

1.    The manufactured home park shall be located on a well-drained site which is properly graded to insure rapid drainage and freedom from stagnant pools of water.

2.    The manufactured home park shall provide manufactured home spaces, and each such space shall be clearly defined and delineated.  No single manufactured home space shall contain less than 3,500 square feet.  No single manufactured home space shall have a width of less than 40 feet.

3.    Manufactured homes shall be located so that there is at least a 20-foot clearance between manufactured homes; provided, however, with respect to manufactured homes parked end-to-end, the clearance shall not be less than 10 feet. No manufactured home shall be located less than 10 feet from the front driveway.

4.    Each manufactured home park shall devote at least 10% of its net area for the recreational use and enjoyment of the occupants of the park.   Required perimeter yards and vehicular driveways shall not be counted in computing such recreation areas.

5.    All manufactured homes spaces shall abut on an internal driveway that is not less than 30 feet in width.   Such driveways shall have unobstructed access to a public street or highway and shall have a paved, hard surface of either concrete and/or asphalt which is well maintained and adequately lighted.

6.    No manufactured home shall be located less than 25 feet from any property line of the manufactured home park or from any community building within the park, including any washroom, toilet, laundry facilities, or sales office.

7.    Screening and/or landscaping may be required to provide proper screening for adjacent existing and potential land uses and for privacy and protection in the park.  Storm shelters are to be encouraged for all park residents unless arrangements are made for similar shelter facilities within reasonable distance of the park given the emergency nature of the need for such shelter.

8.    All electric distribution systems, plumbing systems and telephone service systems to each manufactured home space, except outlets and risers, shall be underground.

9.    Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in any other residential district.

10.  In all other respects, manufactured home parks shall comply with all of the applicable statutes of the State of Kansas and all applicable ordinances and regulations of all political subdivisions of the State.

G.    Unused Manufactured Home Park.  Whenever a property zoned for the MH-I District ceases to be used for such purposes for a period of one year, the Planning Commission may initiate an application to rezone such property to some other district compatible with the neighborhood area.

This district is designed to provide for a medium density area of individually owned lots platted for all types of manufactured and modular homes on permanent type enclosed foundations. *

A.    Permitted Uses.

1.    Single and multiple width manufactured and modular homes.

2.    Any use permitted in the R-1 Residential District; except single-family detached.

B.    Special Uses.

1.    Any special use allowed in the R-1 Residential District.

C.    Conditional Uses.

1.    Any conditional use allowed in the R-1 Residential District; except earth-sheltered dwellings.

D.    Lot Size Requirements.

1.    Minimum lot area:

a.     Manufactured homes:           6,000 square feet.

b.    All other permitted uses:      10,000 square feet.

2.    Minimum lot width:

a.     Manufactured homes:           60 feet.

b.    All other permitted uses:      90 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height:          35 feet.

2.    Yard requirements:

a.     Minimum front yard: 25 feet; except one of the yards on         a corner may be 15 feet.

b.    Minimum side yard:

(1)   Manufactured homes:   6 feet.

(2)   All other permitted uses:           15 feet.

Reference City adopted Guidelines for Manufactured Housing Installations.

c.     Minimum rear yard:

(1)   Manufactured homes:  10 feet.

(2)   All other permitted uses:  25 feet.

3.    Maximum lot coverage:  40%.

F.    Use Limitations.

1.    A manufactured home subdivision shall comprise a minimum of 120,000 square feet.

2.    The land must be platted for each lot according to the City Subdivision Regulations.

3.    All manufactured homes shall meet the standards of the National Manufactured Home Construction and Safety Standards Act of 1974, as may be amended, and an inspection sticker shall be attached to the structure which denotes approval under the Act by the U.S. Department of Housing and Urban Development.

4.    All manufactured homes shall be located on permanent-type enclosed perimeter foundations with footings.  The foundation and footing must be built according to the City Building Code.  Notwithstanding the definition of manufactured home in Section 2-102, skirting or facing may be permitted in conjunction with certain types of foundations which are not normally constructed on the perimeter of the walls.   The hitches shall be removed.   Basements and storm cellars meeting the standards of City codes are permitted.

5.    According to the standards of the State of Kansas, all manufactured homes shall be secured to the ground unless secured to a permanent-type foundation.

6.    Structures may be attached to the manufactured homes such as additional living space, patios, awnings, porch covers, entrance landings, carports, garages, and storage areas according to standards of the City codes.

This district is designed to provide for business and professional offices with compatible institutional and public building uses.   Such uses have limited evening activities and should be located along arterial streets and to serve as buffer areas between business and industrial districts and the residential districts.

A.    Permitted Uses.

1.    Business and professional offices and financial institutions, structure of which may contain storage space, provided such space does not exceed 50% of the gross floor area of the structure.

2.    Educational, religious, philanthropic and eleemosynary institutions, but not penal or mental institutions.

3.    Mortuaries and funeral homes.

4.    The following uses when located in an office or institutional building or a medical or dental clinic, provided such use can be entered only from an interior lobby or hallway: Barber shops, beauty shops, pharmacies, gift shops, newsstands and restaurants.

5.    Churches, chapels, temples and synagogues.

6.    Activity centers for senior citizens.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, or State government.

2.    Hospitals.

3.    Mini-storage facilities, subject to the same conditions as provided for in the R-3 District, except that subsection (k) regarding signs is deleted and signs permitted for the B-1 District are applicable.

4.    Philanthropic institutions, including distribution and/or merchandising of goods for the needy when permitted.

C.    Conditional Uses.

1.    Animal hospitals, including the grooming of small animals, subject to the following conditions:

a.     All animals shall be harbored and treated in a completely enclosed building.

b.    Such hospital shall be limited to the care and treatment of dogs, cats, and other small animals; and

c.     Any accessory incinerator for the disposal of dead animals shall be designed so as not to create a nuisance for adjacent properties.

2.    Public utility uses.

3.    Research laboratories.

4.    Service and fraternal clubs and lodges and related private club activities.

5.    School of Performing Arts, limited to non-social dance, primarily for children, prohibiting public performance and limiting its commercial sales to merchandise related to accessories for dance instruction.

D.    Lot  Size Requirements.

1.    Minimum lot area:          10,000 square feet.

2.    Minimum  lot width:       75 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height:          45 feet.

2.    Yard requirements:

a.     Minimum front yard: 35 feet.

b.    Minimum side yard: 20 feet.

c.     Minimum rear yard: 20 feet.

3.    Maximum lot coverage:               35%.

F.    Use Limitations.

1.    Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district.

2.    All structures shall be located on sites that are planted and landscaped, except for parking areas and hard-surfaced walks, and no storage or servicing shall be permitted outdoors.

3.    The depth to width ratio of the area to be zoned shall not exceed three to one unless the applicant can demonstrate a hardship in the effective use of the property would result.

This district is designed to provide for the retail sale of convenience goods and services in shopping districts of limited size areas near to residential neighborhoods at the intersections of two arterial streets or an arterial and a collector street.

A.    Permitted Uses.

1.    Appliance sales and repair shops.

2.    Barber shops.

3.    Beauty shops.

4.    Business, professional and public offices.

5.    Candy and ice cream stores.

6.    Drug stores.

7.    Dry cleaning and laundry receiving stations and where processing or cleaning of clothing is done on the premises by no more than five employees.

8.    Food stores, including grocery stores, meat markets, bakeries and delicatessens.

9.    Florist shops.

10.  Gift shops.

11.  Hardware stores.

12.  Key shops.

13.  Package liquor stores.

14.  Restaurants (except for drive-ins).

15.  Self-service laundries and dry cleaning stores.

16.  Service stations.

17.  Shoe repair shops.

18.  Tailor shops.

19.  Automobile parts stores.

20.  Bed and breakfast inns.

21.  Philanthropic institutions, including distribution and/or merchandising of goods for the needy when permitted.

22.  Child cares centers and preschools.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, or State government.

2.    Car washes.

3.    Lumberyards with outdoor storage.

4.    Mini-storage facilities, subject to the same conditions as provided for in the R-3 District, except that subsection (k) regarding signs is deleted and signs permitted for the B-2 District are applicable.

5.    Other special uses not otherwise specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-110 and compatible with the uses permitted in Section 4-110 A.

C.    Conditional Uses.

1.    Amusement centers, indoor only.

2.    Public and private utility uses.

D.    Lot Size Requirements.

1.    Minimum lot area:          10,000 square feet.

2.    Minimum lot width:        75 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height:          35 feet.

2.    Yard requirements:

(a)   Minimum front yard: 35 feet, except that on a cornerlot one front yard may  be reduced to 15 feet.

(b)   Minimum side yard: None required, but if a side yardis provided, no such yard shall be less than 10 feet.

(c)   Minimum rear yard: 10 feet.

3.    Maximum lot coverage:   30%.

F.    Use Limitations.

1.    No new residential structures shall be constructed, except existing residential structures may be altered, remodeled or improved subject to the restrictions and regulations which would be applicable to residences located in the R-4 District.

2.    No separate business establishment shall occupy more than 5,000 square feet of floor space nor to be open for business during the hours of 11:00 p.m. to 7 a.m.

3.    All business establishments shall be retail or service establishments dealing directly with consumers.  All goods produced on the premises shall be sold at retail on the premises where produced.

4.    All business, servicing, storage and display of goods, except for the operation of car washes, the sale only of self-service gasoline by grocery stores and the operation of automobile service stations, shall be conducted within completely enclosed structures; unless approved as a conditional use by the Board of Zoning Appeals or as part of an application for a special use.

5.    No business establishment shall offer goods or services directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles.

6.    Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district.

7.    The depth to width ratio of the area to be zoned shall not exceed 3 to 1 unless the applicant can demonstrate a hardship in the effective use of the property would result.

This district is designed to provide for retail sales and certain service businesses and for those businesses which may prefer not to be part of a unified shopping center, but desire to operate as compatible uses.

A.    Permitted Uses.

1.    Any use permitted in the B-2 Neighborhood Business District.

2.    Antique shops.

3.    Apparel stores.

4.    Automobile accessory and new/or reconditioned parts stores, automobile body repair shops and automobile repair shops.

5.    Automobile sales rooms for new, but not used car sales.

6.    Banks and financial institutions.

7.    Book and office supply stores.

8.    Business and professional offices.

9.    Blueprinting and Photostatting establishments.

10. Camera and photographic supply stores.

11. Carpet and rug stores.

12. China and glassware stores.

13. Dry goods stores.

14. Furniture stores.

15. Furrier shops, including the incidental storage and conditioning of furs.

16. Garden shops.

17. Hobby shops and sales of electronic, entertainment and communication equipment.

18.  Hotels and motels.

19.  Interior decorating shops, including reupholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, and secondary to, a retail occupation.

20.  Jewelry stores.

21.  Leather goods and luggage stores.

22.  Music stores, and musical instrument sales and repair.

23.  Newspaper, publishing and printing firms.

24.  Optical sales and services.

25.  Paint and wallpaper stores.

26.  Pet stores and grooming shops.

27.  Physical culture and health services such as a private gymnasium and reducing salons.

28.  Private clubs and taverns.

29.  Restaurants, including drive-ins.

30.  Schools: music, dance, or  business, trade or college classes.

31.  Service and fraternal clubs and lodges.

32.  Sewing machine sales and services.

33.  Sporting goods stores.

34.  Theaters, indoor.

35.  Philanthropic Institutions, including distribution and/or merchandising of goods for the needy when permitted.

36.  Child care centers and preschools.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County, or State government.

2.    Car washes.

3.    Mini-storage facilities, subject to the same conditions as provided for in the R-3 District, except that subsection (k) regarding signs is deleted and signs permitted for the B-3 District are applicable.

4.    Used car lots.

5.    Marine supplies and sales.

6.    Single-family dwellings as an accessory use to a business when approved for medical hardship circumstances of or related to the business owner.  Such a hardship must be verifiable by documentation and the approved special  use permit (1) cannot be transferred to another owner,  (2) is valid only as long as the hardship exists, and (3) the business owner is a resident of the dwelling.  The dwelling must be an integral part of the principal business structure.

7.    Limited types of light assembly and manufacturing operation of such kind and character that the entire frontage of the ground floor along the principal street is used for office space, display or for wholesale or retail sales, provided, however, no individual business shall occupy more than 6,000 square feet or floor area, employ more than 20 employees on the premises and that operations must be compatible with other uses in the district and must not constitute a nuisance by reason of dust, smoke, noise, odor, hours of operation, vibration or other offensive conditions.

8.    Other special uses otherwise not specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-108 and compatible with the uses permitted in Section 4-108 A.

C.    Conditional Uses.

1.    Public utility uses.

D.    Lot Size Requirements.

1.    Minimum lot area:          10,000 square feet.

2.    Minimum lot width:        75 feet.

3.    Minimum lot depth:        100 feet.

E.    Bulk Regulations.

1.    Maximum structure height:          45 feet.

2.    Yard requirements:

(a)   Minimum front yard: 35 feet on all sides abutting a street.

(b)   Minimum side yard: 10 feet.

(c)   Minimum rear yard: 20 feet.

3.    Maximum lot coverage:   35%.

F.    Use Limitations.

1.    No new residential structures shall be constructed in the B-3 District, except existing residential structures may be altered, remodeled or improved subject to the restrictions and regulations which would be applicable to residences located in the R-4 Residential District.

2.    All business establishments shall be retail or service establishments dealing directly with consumers.   All goods produced on the premises shall be sold at retail on the premises where produced.

3.    All business, servicing, storage and display of goods shall be conducted within a completely enclosed building; except for the sale only of self-service gasoline by grocery stores, the sale of used cars, the operation of car washes and of automobile service stations, and the outdoor display of garden and landscaping materials when the latter is appropriately screened; unless approved as a conditional use by the Board of Zoning Appeals or as part of an application for a special use.

4.    Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is a hazard to traffic on any public street.

5.    The width to depth ratio of the area to be zoned shall not exceed three to one unless the applicant can demonstrate a hardship in the effective use of the property would result.

This district is designed to provide for a broad range of retail sales and service businesses in the form of an integrated shopping center with considerable areas for parking.

A.    Permitted Uses.

1.    Any uses permitted in the B-3 District, except automobile service stations, automobile body repair shops, automobile repair shops and drive-in restaurants.

2.    Department stores.

B.    Special Uses.

1.    Other special uses not otherwise specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-112 and compatible with the uses permitted in Section 4-112A.

C.   Conditional Uses.

1.    Automobile  service  stations  and  restaurants,  including drive-in, having a minimum setback of 35 feet and adequate traffic access control.

D.    Lot Size Requirements.  None.

E.    Bulk Regulations.

1.    Maximum structure height:  65 feet.

2.    Yard requirements:

a.     Minimum front yard:  100 feet on all sides abutting an arterial street and 35 feet on all sides abutting a collector or local street except that on a corner intersection a free standing structure is permitted with 35 feet on both sides abutting any street.  The latter street classification system is defined in the City Subdivision Regulations.

b.    Minimum side yard: None required, but if a side yard is provided, it shall be at least 5 feet in width.

c.     Minimum rear yard:  20 feet.

3.    Maximum lot coverage:  30%.

F.    Use Limitations.

1.    All use limitations required in the B-3 District shall be applicable except Section 4-111F5 depth to width ratio.

This district is designed to provide for those businesses which draw their customers from motorists on the highway, or for whom a location on an arterial street or adjacent to a freeway is especially useful or necessary.   Although some of the uses listed are permitted in other business districts, most of these permitted in this district would not always be compatible with a prime retail area.  Those uses which would generate unusual access or traffic patterns may be permitted as a special use.

A.    Permitted Uses.

1.    Automobile accessory stores.

2.    Automobile service stations.

3.    Car washes.

4.    Commercial recreation centers such as for bowling, roller skating, and indoor amusement centers.

5.    Food stores, and convenience type stores which may include retail fuel dispensers.

6.    Garden stores and greenhouses.

7.    Gift and souvenir shops.

8.    Building material retail centers.

9.    Motels and hotels

10.  Motorcycle sales and repair services.

11.  Liquor stores.

12.  Clubs, taverns and drinking establishments.

13.  Restaurants, including drive-in establishments.

14.  Self-service laundry and dry cleaning establishments.

15.  Service and fraternal clubs and lodges.

16.  Sporting goods stores and bait shops.

17.  Theaters, indoor.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of the City, County or State government.

2.    Limited types of manufacturing firms whose operations involve some retail sales at the plant and where visibility from a highway enhances such sales.  Operations must be compatible with other uses permitted in the district and must not constitute a nuisance by reason of dust, smoke, noise, odor, vibration or other offensive conditions.

3.    Mini-storage facilities, subject to the same conditions as provided for in the R-3 District, except that subsection (m) is deleted regarding fencing and screening and subsection (k) regarding signs is deleted and signs permitted for the B-5 District are applicable.

4.    Campgrounds.

5.    Vehicle sales, new and used, and repair services including body repair and painting.

6.    Golf driving ranges and miniature golf courses.

7.    Construction and agricultural equipment sales and services.

8.    Contractor shops.

9.    Marine supplies, sales, and services.

10.  Manufactured home and recreation vehicle sales, repair services and supplies.

11.  Theaters, outdoor.

12.  Auctions, indoors and outdoors.

13.  Other special uses not otherwise specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-113 and compatible with the uses permitted in Section 4-113 A.

C.    Conditional Uses.

1.    Animal hospitals provided that all pets shall be in an enclosed structure when located within 300 feet of a residential district and any accessory incinerator for disposal of dead animals shall be designed so as not to create a nuisance for adjacent properties.

2.    Breeding and boarding kennels including sale of various pets, provided that all animals shall be confined in enclosed structures between the hours of 8:00 p.m.- 7:00 a.m. and whenever located within 300 feet of a residential district.

3.    Utility facilities.

D.    Lot Size Requirements.

1.    Minimum lot area:          20,000 square feet.

2.    Minimum lot width:        100 feet.

3.    Minimum lot depth:        320 feet from the centerline of U.S. 54 and 150 feet, at any other location.

E.    Bulk Regulations.

1.    Maximum structure height:          45 feet.

2.    Yard requirements:

a.     Minimum front yard: 35 feet, except that outdoor displays of equipment such as motor vehicles, manufactured homes, recreation vehicles, and boats shall be located not less than 10 feet from the front property line.

b.    Minimum side yard: If a side yard is provided, it shall not be less than 5 feet.

c.     Minimum rear yard: 20 feet.

d.     Minimum highway setback: 200 feet from the centerline of U.S. 54 within 1,000 feet of an arterial street intersection, and 150 feet from the centerline at all other locations.

3.    Maximum lot coverage:   50%.

F.    Use Limitations.

1.    No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises or a watchman or custodian, except that accommodations may be offered to transient public by motels and hotels.

2.    Outdoor storage and display of goods is allowed as a related accessory use to the activities of the permitted, special or conditional uses.  Any outdoor servicing shall be sufficiently screened to obstruct its view from any public street or highway.

3.    Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential district.

4.    The depth to width ratio of the area to be zoned shall not exceed three to one unless the applicant can demonstrate to the Zoning Administrator a hardship in the effective use of the property would result.

This district is designed to co-mingle certain businesses and light industrial uses whose operations are compatible in size and intensity; which do not require large amounts of land; generate modest amounts of traffic which do not require immediate access to arterial streets; and do not constitute an environmental nuisance.  The district does not permit the intermixing of residences.

A.    Permitted Uses:

1.    Agricultural feed and grain storage and sales.

2.    Agricultural, construction and oil field equipment, repairs, storage and sales.

3.    Aircraft sub-assembly and parts manufacturing.

4.    Automobiles, truck and motorcycle sales, new and used, and repair services, including body repair and painting.

5.    Animal hospitals; provided that all animals shall be confined in enclosed structures when located within 300 feet of a residential district and any incineration for disposal of dead animals be designed so as not to create a nuisance for adjacent properties.

6.    Assembly, manufacture, sales or repair of electrical and mechanical appliances, components or instruments.       

7.    Building material production, storage and sales, but not to include lumber mills.

8.    Clothing and textile production.

9.    Construction contractor's office, shop, equipment and storage yards.

10.  Dog kennels and related pet shops; provided that animals shall be confined in enclosed structures between the hours of 8 p.m. to 7 a.m. and whenever located within 300 feet of a residential district.

11.  Food preparation, distribution and storage.

12.  Furniture assembly, sales and repair.

13.  Garden stores and greenhouses.

14.  Laundry, dry-cleaning and dye works.

15.  Assembly and sales of manufactured products such as:  bags, bicycles,  brooms,  cosmetics,  drugs,  jewelry, paper goods, shoes, sporting goods, office equipment and the like.

16.  Metal fabrication and assembly.

17.  Printing and publishing companies.

18.  Sign shops and services.

19.  Mini-storage facilities for inside and outside storage, subject to the same conditions as provided for in Section 4-103B1 of the R-3 District when adjacent to the residential district.

20.  Utility facilities, substations and water towers.

B.    Special Uses:

1.    Public buildings erected or land used by any agency of the City, Township, County, or State government.

2.    Retail and service businesses which provide a particular service to the permitted uses or serve as a convenience to the employees thereof.

3.    Retail bulk sales and related storage of volatile substance, explosives or combustibles such as propane, motor fuels and fertilizers.

4.    Locker plants with slaughtering facilities; provided that all animals and waste be in an enclosed structure designed so as not to create a nuisance for adjacent properties.

5.    Other special uses not otherwise specifically listed as permitted, special or conditional uses, but which are in keeping with the intent of Section 4-113 and compatible with the uses permitted in Section 4-113A.

C.    Conditional Uses:

1.    None.

D.    Lot Size Requirements:

1.    Minimum lot area:          10,000 square feet.

2.    Minimum lot width:        75 feet.

3.    Minimum lot depth:        125 feet.

E.    Bulk Regulations:

1.    Maximum structure heights:        35 feet.

2.    Yard requirements:

a.     Minimum front yard: 35 feet.

b.    Minimum side yard: None required unless adjacent to a residential district.  If a side yard is provided it shall be not less than 10 feet.

c.     Minimum rear yard: None required unless adjacent to a residential district.  If a rear yard is provided, it shall be not less than 10 feet.

3.    Maximum lot coverage:   50%.

F.    Use Limitations:

1.    Outdoor operations:

a.     Only parking and display areas are permitted in the minimum front                             yard setback.

b.    Outdoor servicing, loading and storage of goods are permitted, except in the front yard setback, when enclosed by a fence or wall not less than six feet in height.  Such fence or wall shall be capable of screening the area from the view of any adjacent residential district.  Such outdoor areas shall be limited to 50% of the lot area.

2.    No structure shall be used for residential purposes.

3.    Employment shall be limited to 50 persons on the premises at any time.

4.    All buildings shall be of such kind or character that the entire frontage of the ground floor along the principal access street is to be used for office space or display or for wholesale or retail sales.

5.    Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is a hazard to traffic on any public street.

6.    There shall be no emission of dust, noise, odor or vibrations which shall be detectable as a nuisance beyond the property line.

7.    The depth to width ratio of the area to be zoned shall not exceed three to one unless the applicant can demonstrate a hardship in the effective use of the property would result.

This district is designed for light industrial uses which do not require large amounts of land; generate modest amounts of traffic; are consistent with the capacity and availability of public and private service; create limited environmental problems in the way of odor, smoke, dust, glare, vibration or sounds; and do not permit the intermixing of residences.

A.    Permitted Uses.

1.    Agricultural feed, grain and fertilizer mixing, storage and sales.

2.    Agricultural, construction and oil field equipment distribution, repairs, storage and sales.

3.    Aircraft subassembly and parts manufacturing.

4.    Animal hospitals.

5.    Assembly, manufacture or repair of electrical and mechanical appliances, instruments, and the like.

6.    Building material production, storage and sales including manufactured housing and lumberyards.

7.    Clothing and textile manufacture.

8.    Construction contractor's office, equipment and storage area.

9.    Dog kennels and related pet shops.

10.  Food manufacture, distribution and storage.

11.  Furniture manufacture and repair.

12.  Greenhouses.

13.  Laundry, dry cleaning and dyeing works.

14.  Manufactured products such as:  bags, bicycles, brooms, brushes, cosmetics, drugs, jewelry, paint, paper goods, shoes, sporting and office equipment, and the like.

15.  Metal fabrication and assembly.

16.  Motor freight terminals.

17.  Paint manufacture.

18.  Printing and publishing companies.

19.  Public and private utilities.

20.  Research laboratories.

21.  Sign shops and service.

22.  Wholesale businesses, storage warehouses; except those which handle products of a highly explosive, combustible or volatile nature such as anhydrous ammonia, propane, petroleum products, or similar products which may be considered dangerous or hazardous activity to life and/or property on adjoining or nearby land or would be considered noxious activity which would offend the sensibilities of a reasonable person during a sustained or intermittent period of  time on adjoining or nearby land.  This exception does not pertain to such products which are periodically stored within a manufacturing plant and used as part of the normal production process.

B.    Uses Not Permitted.

1.    Acid manufacture.

2.    Cement, lime, gypsum or plaster of Paris manufacture.

3.    Creosote or tar treatment.

4.    Distillation of bones.

5.    Explosives manufactured including fireworks.

6.    Fat rendering.

7.    Fertilizer manufacture.

8.    Garbage, offal or dead animal incineration or reduction.

9.    Glue or soap manufacture.

10.  Petroleum processing and refining.

11.  Primary smelting of base metals from ore.

12.  Stockyards  or  slaughter  of  animals  (except  poultry  and rabbits).

13.  Tanning, curing or storage of rawhides or skins.

C.    Special Uses.

1.    Public buildings erected on and used by any agency of the City, County, or State government.

2.    Bulk storage for retail or wholesale distribution and not used as an accessory part of a normal manufacturing process of such items as anhydrous ammonia and other products which may be considered as highly explosive, combustible or of a volatile nature including fireworks.

3.    Recycling processing centers and large recycling collection centers.

4.    Public and private hazardous waste facilities.

5.    Other uses not otherwise specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-115 and compatible with the uses permitted in Section 4-115A, except that uses of a more intensive type may be allowed at selected locations if acceptable environmental conditions are specified.  Such other uses may also include retail and service businesses which provide a particular service to the industrial uses or serve as a convenience to the employees thereof.

D.    Conditional Uses.

1.    Asphalt and concrete mixing plants.

2.    Salvage yards.

E.    Lot Size Requirements.

1.    Minimum lot area:          5,000 square feet.

2.    Minimum lot width:        50 feet.

3.    Minimum lot depth:        100 feet.

F.    Bulk Regulations.

1.    Maximum structure heights:        35 feet, exclusive of grain elevators.

2.    Yard requirements:        

(a)   Minimum front yard: 25 feet on all sides abutting a street.

(b)   Minimum side yard: No minimum requirement, but if a side yard is provided, it shall be not less than 10 feet.

(c)   Minimum rear yard: No minimum requirement, but if a rear yard is provided, it shall be not less than 10 feet.

3.    Maximum lot coverage:   75%.

G.    Use Limitations.

1.    Outdoor operations, display and storage is permitted in all areas; except that only parking and display areas are permitted in the minimum front yard setback.

2.    No building shall be used for residential purposes; except that a watchman or custodian may reside on the premises inside an industrial use structure or in a manufactured home.

3.    There shall be no emission of dust, noise, odor or vibration, which shall be detectable as a nuisance beyond the property line.

4.    The depth to width ratio of the area to be zoned shall not exceed three to one unless the applicant can demonstrate a hardship in the effective use of the property would result.

The purpose of the Planned Unit Development Districts is to encourage innovation in residential, commercial and industrial development by permitting greater variety and flexibility in type, design, and layout of buildings; to encourage a more efficient use of land reflecting changes in the technology of land development; to encourage development which incorporates the best features of modern design, while conserving the value of land; and to provide a procedure which relates the type, design, and layout of residential, commercial and industrial development to the particular site and the particular demand for housing at the time of development in a manner consistent with the preservation of property values.   The PUD District operates as an overlay zone in conjunction with all of the other districts in that it is necessary for an area to concurrently be zoned for one or more of the other districts in addition to the PUD District designation, however, such other districts may differ in one or more respects when utilized for the PUD District.

A.    General Provisions.

1.    The Governing Body may by ordinance approve the establishment of a PUD District on any parcel or tract of land which is suitable for and of sufficient size to be planned and developed, or redeveloped, as a unit and in a manner consistent with the intent and purpose of these regulations and with the Comprehensive Plan.

2.    A PUD District may be established for a residential development or for a general development.  A development shall be deemed to be a residential development when it is limited to dwelling units in detached, attached or clustered, or multi-storied structures, or any combination thereof; and nonresidential uses of a religious, cultural, recreational and business character that are primarily designed and intended to serve the residents of the residential development.    A development shall be deemed to be a general development when it contains major business and/or industrial structures and uses exclusively, or when it blends residential structures or dwelling units in a unified plan with business and/or industrial structures and uses.

B.    Standards and Criteria for Planned Unit Developments.

1.    For all planned developments:

a.     A development plan that is not inconsistent with the standards set out in this section or with such general policies or specific rules and regulations for PUD Districts as may be adopted from time to time by the Governing Body or the Planning Commission and placed on public record in the office of the City Clerk shall prima facie be deemed to have qualified for preliminary approval.  No such policies, rules or regulations shall be revised or added to so as to be applicable to a specific proposal for a PUD after an application for preliminary approval of a specific PUD plan has been filed.  A PUD plan shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, the common open space, the public facilities and the development by geographic division of the site:

(1)   The PUD can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

(2)   The PUD will not substantially injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the Comprehensive Plan.

(3)   The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development.  Traffic control signals will be provided without expense to the City when it is determined that such signals are required to prevent traffic hazards or congestion in adjacent streets.

(4)   The PUD will not impose an undue burden on public services and facilities, such as fire and police protection.

(5)   The entire tract or parcel of land to be occupied by the PUD shall be held by a single landowner, or if  there  are  two  or  more  landowners,  the application for such PUD shall be filed jointly by all such landowners; however,  the holder of a contract to purchase or other person having an enforceable  proprietary  interest  in  such  land shall also be deemed a landowner for purposes of these regulations.

(6)   The PUD plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures, and public facilities as are necessary for the welfare of the PUD and are not inconsistent with the best interests of the area.  Such covenants, easements and other provisions, if part of the PUD plan as finally approved, may be modified, removed or released only with the consent of the Governing Body after a public hearing before, and recommendations by, the Planning Commission as provided in Section 4-116C.  All such covenants shall specifically provide for enforcement by the City in addition to the landowners within the development.

(7)   The Planning Commission may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which development of each such unit must be commenced.  In the case of residential PUD plans and general PUD plans which contain residential buildings, the Planning Commission may permit in each unit deviations from the number of dwelling units per acre established for the entire PUD, provided such deviation shall be adjusted for in other sections of the PUD so that the number of dwelling units per acre authorized for the entire PUD is not affected.  The period of  time established for the completion of the entire PUD and the commencement  date for each section thereof may be modified from time to time by the Planning Commission to be reasonably required to assure performance in accordance with the PUD plan and to protect the public interest in the event of abandonment of said plan before completion.

(8)   For all business and industrial uses proposed for development within the plan, the standards and extent of uses shall not exceed the least restrictive requirements for the specific use as provided for in the business and industrial districts of these zoning regulations unless they meet the provisions of Sections 4-116B1a(13) and 4-116C(9).

(9)   The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a PUD not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.

(10) When business or manufacturing structures or uses in a PUD District abut a residential district or residential buildings in  the same development, screening shall be provided.  In no event shall a business or manufacturing structure in a PUD District be located nearer than 100 feet to a residential building.

(11) Notwithstanding any of the other provisions of these regulations, when a shopping center is developed as a PUD District, such shopping center shall have 300 square feet of space devoted to off-street parking for each 100 square feet of floor area in the structures located in the planned shopping center development. Such off-street parking facilities shall otherwise comply with the provisions of Section 5-100A of these regulations.

(12) The specifications for the width and surfacing of streets, alleys, ways for public utilities, for curbs,  gutters,  sidewalks,  public  parks  and playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment adopted in the Subdivision Regulations of the City as amended from time to time, may, within the limits hereinafter specified, be waived or modified by the Planning Commission where the Commission finds that such specifications are not required in the interests of the residents or occupants of the PUD and that the waiver or modification of such specifications for PUD plans would not be inconsistent with the interests of the City.  The Commission shall require guarantees for required public improvements and the filing of comparable engineering and survey data on preliminary and final development plans, but may modify the size, width, depth, and setbacks on lots.

(13) Any modifications of the zoning or other regulations that would otherwise be applicable to the site shall be warranted by the design of the PUD plan, and the amenities incorporated in it, and shall not be inconsistent with the interest of the public generally.

2.    Standards for Residential Planned Developments and General Planned Developments Containing Residential Buildings:

a.     Any PUD plan that does not propose to increase the number of dwelling units per acre that would otherwise be permitted on the property under the maximum zoning regulations otherwise applicable thereto in the districts which permit residences shall be prima facie qualified for preliminary approval insofar as residential density is concerned.  A PUD plan may provide for a greater number of dwelling units per acre than would be permitted by these district regulations otherwise applicable to the site, but if the number of dwelling units per acre exceeds by more than ten percent that permitted by the zoning regulations otherwise applicable to the site, the developer has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property.  The Planning Commission, in determining the reasonableness of a proposed increase in the number of dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by (1) the amount, location and proposed use of common open spaces, and (2) the location, design and type of dwelling units.  The Planning Commission shall also consider that the physical characteristics of the site may make increased densities appropriate in the particular location.  In addition to establishing a maximum density, the plan shall specify either the minimum number of dwelling units and commercial or industrial uses or the minimum acreage allowances for each specific PUD District.

b.    When common open space is provided in a PUD plan, the amount and location of such common open space shall be consistent with the declared function of the common open space as set forth in the application for a PUD District.  The PUD plan shall include such provisions for the ownership and maintenance of the common open space as are reasonably necessary to ensure its continuity, care, conservation and maintenance, and to ensure that remedial measures will be available to the City if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interest of the PUD or of the City.  If the City finds it necessary to carry out the obligations required to maintain the open space in order to avoid having it become a public nuisance, the costs shall be assessed against the properties within the development and shall become a tax lien on said properties.

c.     When a PUD includes common open space, such common open space shall never be used for the construction of any structure, nor shall such open space ever be computed as a part of the required minimum lot area, or any required yard, of any other structure.  Adequate safeguards, including recorded covenants, shall be provided to prevent subsequent development of, and the future construction of structures on, such open space.

d.    The total ground area occupied by buildings and structures shall not exceed 35% of the total ground area of the PUD unless previous development in the neighborhood has a greater lot coverage, in which case the PUD plan for renewal may increase the lot coverage of buildings and structures to correspond with the bulk of the other structures in the neighborhood.

e.     Nonresidential uses of a religious, educational or recreational nature shall be designed or intended primarily for the use of the residents of the PUD.

f.     Nonresidential uses of a business character shall be designed or intended to serve principally the residents of the PUD.  No structure designed or intended to be used, in part or in whole, for business purposes shall be constructed prior to the construction of not less than 30% of the dwelling units proposed in the PUD plan.

C.    Preliminary PUD Plan Contents.   An application for a PUD shall constitute the filing of an application for a PUD District and shall be processed in the same manner prescribed for amending these zoning regulations.  The same requirements for notice to property owners, advertisement of public hearing, protest petitions, and adoption by the Governing Body shall be required as in conventional zoning.  The applicant shall prepare and submit a preliminary PUD plan for review and approval by the Planning Commission which shall contain the following information and documents:

1.    A site plan showing the location, arrangement, bulk, type and use of all existing and proposed structures, the proposed traffic circulation pattern within the development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any and proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities.

2.    Applicable information as required for a preliminary plat pursuant to provisions in the Subdivision Regulations of the City.

3.    A statement of the anticipated residential density (when applicable), the proposed total gross floor area, and the percentage of the development which is to be occupied by structures.

4.    Preliminary sketches and/or description of the proposed screening and landscaping features.

5.    When a PUD is to be constructed in units, a schedule for the development of such units shall be submitted.  No such unit shall have a residential density that exceeds by more than 20% the proposed residential density of the entire PUD.  When a PUD provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the units completed or under development bear to the entire PUD.

6.    Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development.

7.    When it deems it to be necessary, the Planning Commission may require a traffic survey setting out and analyzing the effect that the PUD will have upon traffic in the streets and thoroughfare adjacent to and in the vicinity of the proposed development.

8.    A statement of objectives showing the relationship of the PUD to the Comprehensive Plan with respect to land use for various purposes, density of population, direction of growth, location and function of streets and other public facilities, and common open space for recreation or visual benefit or both, and such other factors as the City may find relevant in making a finding whether a PUD shall be authorized as being in general conformity to the Comprehensive Plan.

9.    In the case of general planned developments, a statement identifying the principal types of business and/or industrial uses that are to be included in the proposed development.

10.  When a PUD includes provisions for common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities.  If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

11.  Copies of the restrictive covenants that are to be recorded with respect to property included in the PUD District.

D.    Action on Preliminary PUD Plan.

1.    Hearing, Findings and Recommendation of Planning Commission. The Planning Commission shall, within 60 days after a preliminary development plan is filed with it, hold a public hearing on the preliminary PUD plan after giving the notice required by Section 11-100D for hearings on amendments.  Such public hearing shall consider all aspects of the preliminary PUD plan including all proposed units of development. Within 30 days after the last public hearing on such plan, the Planning Commission shall prepare and transmit to the Governing Body and to the applicant specific findings of fact with respect to the extent to which the preliminary PUD plan complies with the standards set out in Sections 4-116B and C, together with its recommendations to the Governing Body with respect to the action to be taken on the PUD plan.  The Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.  Copies of the findings and recommendations of the Planning Commission shall be made available to any other interested persons.

2.    Action by the Governing Body. After a 14-day period following the public hearing in which to receive protest petitions as provided by Section 11-103, the Governing Body shall consider the approval or disapproval of the preliminary PUD plan within 30 days after it receives the findings and recommendations of the Planning Commission thereon.  If the preliminary PUD is disapproved, the applicant shall be furnished with a written statement of the reasons for disapproval of the plan.  If the preliminary PUD is to be approved, the Governing Body shall, after receiving from the applicant any acceptance required by Section 4-116D3, adopt an ordinance approving the preliminary PUD plan, and establishing a PUD District for the parcel or tract of land included in the preliminary PUD plan.

3.    Restrictions and Conditions.  The Governing Body may alter the preliminary  PUD plan, and impose such restrictions and conditions on the PUD as it may deem necessary to insure that the development will be in harmony with the general purpose and intent of these regulations and with the Comprehensive Plan.  When the Governing Body alters the preliminary PUD plan, the applicant shall have 30 days within which to file an acceptance of such alterations, restrictions or conditions. When an acceptance is required by this section, no ordinance approving a preliminary PUD plan and establishing a PUD District shall be effectuated until such acceptance has been filed with the City Clerk.

4.    Form of Ordinance.  An ordinance approving a PUD and establishing a PUD District shall specify the zoning regulations and restrictions that will, pursuant to the PUD plan, apply in the PUD District and shall describe the boundaries of such district or set such boundaries out on a map that is incorporated and published as a part of such ordinance.  Such ordinance shall also specify the conditions and restrictions that have been imposed by the Governing Body on the PUD, and the extent to which the otherwise applicable district regulations have been varied or modified.  When the Planning Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Planning Commission to modify the schedule of development to the extent set out in Section 4-116B1a7.

E.    Status of Preliminary PUD Plan After Approval.

1.    Within 15 days after the adoption of an ordinance approving a preliminary PUD plan and establishing a PUD District, such ordinance shall be certified and filed by the City Clerk and a copy filed with the Zoning Administrator.  A certified copy shall be mailed to the applicant.   When approval of a preliminary plan has been granted, the same shall be noted on the official zoning maps maintained in the office of the City Clerk.

2.    After being notified of the approval of a preliminary PUD plan by the Governing Body, the landowner shall within 15 days file with the County Register of Deeds a statement that such a plan has been filed with the City and has been approved and that such PUD is applicable to certain specified legally described land and that copies of said plan are on file in the office of the City Clerk.  Such statement recorded with the Register of Deeds shall also specify the nature of the plan, the proposed density  or  intensity  of  land  uses  and  other pertinent information sufficient to notify any prospective purchasers or users of land of the existence of such a plan.  The recorded statement shall specify that the preliminary PUD plan shall become binding upon all successors and assigns unless amended in conformance with these regulations.

3.    Preliminary approval of a PUD plan shall not qualify such a plan for recording. A PUD plan which has been given preliminary approval as submitted or which has been given preliminary approval with alterations, conditions and restrictions, which have been accepted by the applicant (and provided that the applicant has not defaulted nor violated any of the conditions of the preliminary approval), shall not be modified or revoked nor otherwise impairs by action of the City pending an application or applications for approval of a final PUD plan without the consent of the applicant, provided an application for final approval is filed, or in the case of unit developments, provided applications are filed, within the time or times specified in the ordinance granting approval of the preliminary plan.   If no time is specified in  such ordinance, then an application for approval of a final PUD plan, or all units thereof, shall be filed within three years.

4.    In the event that a PUD plan is given preliminary approval and thereafter, but prior to approval of a final PUD plan, the applicant shall:  (1) choose to abandon said plan and shall so notify the Planning Commission in writing; or (2) shall fail to file an application, or applications, for approval of a final plan shall be deemed to be revoked.   When a preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to those provisions of the Zoning Regulations and other local ordinances, that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended from time to time.  The Governing Body shall forthwith adopt an ordinance repealing the PUD District for that portion of the development that has not received final approval and reestablishing the zoning and other regulatory provisions that would otherwise be applicable.  When a PUD plan is revoked, such revocation shall be noted on the zoning maps in the records of the Zoning Administrator.

F.    Final PUD Plan Contents and Approval.

1.    An application for approval of a final PUD plan may be filed for all the land included in a planned development or for a unit thereof.  Such application shall be filed by the applicant with the Planning Commission within the specified time in Section 4-116E2, and shall be in substantial compliance with the preliminary PUD plan as approved.   The application shall include:

a.     A detailed site plan showing the physical layout and design of all streets, easements, rights-of-way, lots, blocks, common open space, structures and uses including statements, where applicable, on  the  residential densities, the types and uses of structures, the maximum gross floor area, the percentage of the development to be occupied by structures, the height of structures and signs, the building setback lines, and the units within which construction would be scheduled.

b.    Applicable information as required for a final plat pursuant to the provisions in the Subdivision Regulations of the City including such waivers as may have been agreed to in the preliminary PUD plan.           

c.     Plans for landscaping and screening.

d.    Copies of any dedications for easements or right-of-ways and restrictive covenants.

e.     Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space.

f.     Evidence that no lots, parcel or tract or dwelling unit in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such PUD.

g.     Such bonds or guarantees and other documents that may have been required by the preliminary PUD plan pursuant to the provisions and procedures of the Subdivision Regulations regarding final plats.

       In accordance with the schedule proposed in the application for approval of the preliminary plan, the applicant may elect to file an application for final approval of only a geographic unit or units of the land included in the plan and may delay, within the time limits authorized by the ordinance, application for final approval of other units.   A public hearing by the Planning Commission on an application for approval of the final PUD plan, or a unit thereof, shall not be required provided the final plan, or unit thereof, is in substantial compliance with the preliminary PUD plan theretofore given approval.

2.    A PUD plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan, as approved, provided any modification by the developer or the preliminary plan, as approved, does not:  (1) vary the proposed gross residential density or intensity of use by more than 5%; or (2) involve a reduction of the area set aside for common open space; nor (3) increase by more than 10% the floor area proposed for nonresidential use; nor (4) increase by more than 5% the total ground area covered by buildings or a substantial change in their height.   A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewerage.

3.    Although a public hearing shall not be held on an application for approval of a final PUD plan when said plan as submitted for final approval is in substantial compliance with the preliminary plan, as approved, the burden shall nevertheless be upon the applicant to show the Planning Commission good cause for any variation between the preliminary plan, as approved, and the final plan as submitted.  In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications and other documents required in support thereof, the Planning Commission shall, within 30 days of such filing, make recommendations on such final plan; provided, however, that, in the event the final plan as submitted contains variations from the preliminary plan, as approved, but remains in substantial compliance with the preliminary plan, as approved, the Planning Commission may, after a meeting with the applicant, refuse to recommend approval of the final plan and shall, within 45 days from the filing of the application for final approval, so advise the applicant in writing of such refusal, setting out the reasons why one or more of said variations are not in the public interest.  In the event of such refusal, the applicant may re-file his application for final approval without the variations objected to by the Planning Commission at any time within which he shall be entitled to apply for final approval.  If the time for applying for final approval shall have expired at the time when the Planning Commission advised the applicant that the variations were not in the public interest, then the applicant shall have 60 additional days within which to re-file his application for final approval without the said variation.  If the applicant shall fail to re-file within said period, he shall be deemed to have refused to accept such requirements and final approval shall be deemed to have been denied.

4.    In the event the final PUD plan, as submitted for approval, is not in substantial compliance with the preliminary plan, as approved, the Planning Commission shall, within 45 days of the date that the application for approval of the final plat is filed, so notify the applicant in writing, setting out the particular ways in which the final plan is not in substantial compliance with the preliminary plan, as approved.   The applicant may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, as provided for in Section 4-116E3, or he may file within 45 days a written appeal with the Planning Commission that it hold a public hearing on his application for final approval.  In the event the applicant shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the plan.  Such public hearing shall be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in Sections 11-100D, E and F of these regulations.  Within 15 days after the conclusion of the public hearing, the Planning Commission shall either recommend approval or denial of the final plan. The recommendations on the final plan, shall, in cases arising under this paragraph, be in the form and contain the findings required for a recommendation on an application for approval of a preliminary development plan as set out in Sections 4-116B and C.

5.    After a final PUD plan, or any unit thereof, has been submitted for consideration by either the procedures prescribed in Sections 4-116E3 or 4, the plan shall be considered for final approval by the Governing Body within 15 days.  A final PUD plan, or any part thereof, which has been given final approval by the Governing Body, shall be so certified by the City Clerk, and shall be filed of record with the County Register of Deeds immediately following the satisfying of all conditions precedent and conditioned upon such approval. A copy of the recorded final plan shall also be filed with the City Clerk and the Zoning Administrator before any building and/or zoning permits are issued or development takes place in accordance therewith.   In the event the Governing Body fails to act, either by grant or by denial of final approval within the time prescribed, the final plan shall be deemed to be approved.  Pending completion within a reasonable time of said PUD, or of any unit thereof, that has been finally approved, no modification of the provisions of said plan, or unit thereof, as finally approved, shall be made except with the consent of the applicant.

6.    In the event that a plan or unit thereof is given final approval and thereafter the applicant shall abandon said plan or the section thereof  and shall so notify the City in writing, or in the event the applicant shall fail to commence the PUD within 18 months after final approval shall terminate and shall be deemed null and void unless such time period is extended by the Governing Body upon written application by the applicant .

G.    Enforcement and Modification.   A PUD District ordinance or an approved preliminary or final PUD plan may be amended by the Governing Body, but only after a public hearing has been held pursuant to notice by Sections 11-100D, E and F of these regulations and findings of fact and recommendations have been prepared by the Planning Commission and transmitted to the Governing Body in the manner required by Section 4-116D1 hereof.  To further the mutual interest of the residents and owners of the PUD and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residence and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by final plan, covenant, easement or otherwise, shall be subject to the provisions provided for in K.S.A. 12-732.

1.    An application to amend a Planned Unit Development District, and a preliminary or Final PUD shall be signed by the owner(s) or authorized agent(s) of all land that will be directly affected by the amendment (i.e. the parcel(s) being amended).

2.    An application for amendment shall be accompanied by a legal description of the are in the application as well as the name of the owner(s), and shall include the names and mailing addresses, including zip codes, of all owners of real property within the PUD District and all property owners within the following prescribed distance measured from the perimeter of the application area:

500 ft. or 200 ft. from the perimeter of the PUD District, whichever is the lesser, for application areas of 20 acres or less.

1,000 ft. or 200 ft. from the perimeter of the PUD District, whichever is the lesser, for application areas greater than 20 acres.

1,000 ft. for all owners of real property in the unincorporated area

3.    Notice of the public hearing on an application for an amendment to a PUD District or preliminary or Final PUD shall be as provided in Section 11-100 D, except for the notification area 4-116 G (2) above.

4.    Notwithstanding the official area of notification referenced in Section 11-103 for Filing of Protest, the official area of notification referenced in Section 4-116(G)2 above shall be considered the official are for purposes of calculating the validity of the written protest petition when applicable to Section 4-116G.  All other provisions of Section 11-103 are otherwise applicable to Section 4-116G.

Certain areas of the City are periodically subject to flooding which can result in losses due to: (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.  This Floodplain District is designed to permit the gainful use of certain lands which are considered to be in the path of potential flood waters and from which structures and other valuable property uses that are subject to damage by flood water should be excluded.  This would permit surface runoff through such areas in the event of heavy stream flow with a minimum of structural damage or property loss and a minimum of obligation upon the governmental authorities for flood assistance.  More specifically, the purpose of this overlay-zoning district is to:

1.    Prohibit the placement of structures, fill and materials which would unduly impede or obstruct flood flows;

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

3.    Protect human life and health, prevent property damage, minimize business interruptions and minimize and facilitate rescue and relief efforts, which generally must be undertaken at public expense;

4.    Minimize expenditures of public monies for costly flood control projects and minimize the damage to public facilities in the floodplain, such as water mains, sewer lines, streets and bridges;

5.    Minimize flood-blighted areas and maintain property values and a stable tax base adjacent to the floodplain;

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

7.    Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and

8.    Assure that eligibility is maintained for property owners to purchase flood insurance in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4.

A.    Definitions.  The following definitions supplement Section 2 102 and shall additionally be used in the construction and interpretation of the FP Floodplain District:

ACCESSORY STRUCTURE:  Means the same as “appurtenant structure.”

ACTUARIAL RATES OR RISK PREMIUM RATES:  Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S. Code 4014 and the accepted actuarial principles.  Actuarial rates include provisions for operating costs and allowances.

ADMINISTRATOR:  The Federal Insurance Administrator

AGENCY:  The Federal Emergency Management Agency. (F.E.M.A.)

APPEAL:  A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.

APPURTENANT STRUCTURE:  A structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SPECIAL FLOOD HAZARD:  The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

BASE FLOOD:  A flood having a one percent chance of being equaled or exceeded in any given year.

BASEMENT:  Any area of the structure having its floor subgrade (below ground level) on all sides.

BUILDING:  See STRUCTURE.

CHANNEL:  A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel.

COMMUNITY:  Any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

DEVELOPMENT:  For this Floodplain District only, development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, fences, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING:  For insurance purposes, this means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of these regulations.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:  The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.)

FLOOD:  A general and temporary condition of partial or complete inundation of normally dry land areas from:  (1) the overflow of inland waterways and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (F.B.F.M.):  An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATIONS:  A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY:  An examination, evaluation and determination of flood hazards.

FLOOD FRINGE:  The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD INSURANCE RATE MAP (F.I.R.M.):  The official map of the community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (F.I.S.):  An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOODPLAIN OR FLOOD-PRONE AREA:  Any land area susceptible to being inundated by water from any source.  (See FLOOD).

FLOODPLAIN ADMINISTRATOR:  For purposes of this article, the Floodplain Administrator  shall be the  official  designated as the City Zoning Administrator for the City of Andover.

FLOODPLAIN MANAGEMENT:  The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, an emergency preparedness plan, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS:  Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as Stormwater Management Policies and Design Criteria) and other applications of police power.  The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOOD PROTECTION SYSTEM:  Those physical structural works con¬structed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard.”   Such a system typically includes levees or dikes.  These specialized modifying works are those constructed in conformance with sound engineering standards.

FLOODPROOFING:  Any combination of structural and nonstructural addi¬tions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY OR REGULATORY FLOODWAY:  The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOODWAY ENCROACHMENT LINES:  The lines marking the limits of floodways on federal, state, and local floodplain maps.

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

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

HIGHEST ADJACENT GRADE:  The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE:  Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR:  The lowest floor of the lowest enclosed area, including basement.  An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of these regulations.

MANUFACTURED HOME:  A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  The term “manufactured home” does not include a “recreational vehicle.”

MANUFACTURED HOME PARK OR SUBDIVISION:  A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MAP: For purposes of this section only, means the Flood Insurance Rate Map (F.I.R.M.), or the Flood Boundary and Floodway Map (F.B.F.M.) for a community issued by the Federal Emergency Management Agency (FEMA).

MARKET VALUE OR FAIR MARKET VALUE:  An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL:  For purposes of the National Flood Insurance Program (NFIP), this means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (F.I.R.M.) are referenced.

NEW CONSTRUCTION:  For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial F.I.R.M. or after December 4, 1986, whichever is later, and includes any subsequent improvements to such structures.  For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION:  A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP:  The National Flood Insurance Program.

OVERLAY DISTRICT:  A district which acts in conjunction with the underlying zoning districts in these regulations.

PARTICIPATING COMMUNITY OR ELIGIBLE COMMUNITY:  A community in which the Administrator has authorized the sale of flood insurance.

PERSON:  Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local governments and agencies.

PRINCIPALLY ABOVE GROUND:  At least 51% of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE:  (For the FP Floodplain District only.) A vehicle which is  (a) built on a single chassis;  (b) 400 square feet or less when measured  at the  largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOOD ELEVATION:  An elevation indicated on the F.I.R.M. as the elevation of the base flood elevation (BFE).

REGULATORY FLOOD PROTECTION ELEVATION (aka “Freeboard”):  An elevation one foot higher than the water surface elevation of the base flood elevation (BFE).

REMEDY A VIOLATION:  To bring the structure or other development into compliance with federal, state or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.  (See Section 9 102 for Enforcement and Liability and Section 9 103 for Violations.)

RISK PREMIUM RATES:  Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles.  Risk premium rates include provisions for operating costs and allowances.

SPECIAL FLOOD HAZARD AREA:  See AREA OF SPECIAL FLOOD HAZARD.

SPECIAL HAZARD AREA:  An area having special flood hazards and shown on a F.I.R.M. or F.B.F.M.  as zones  (unnumbered or numbered) A, AO, AE or AH.

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

STATE COORDINATING AGENCY:  The Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.

STRUCTURE:  As pertaining to this Floodplain District only, a walled and roofed structure including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.  “Structure” for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation.  For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE:  As pertaining to the Floodplain District only, any damage, the cost of which equals or exceeds 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT:  As pertaining to this Floodplain District only, any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before “start of construction” of the improvement.  This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.  The term does not, however, include either:  (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a “historic structure”; provided, that the alteration will not preclude the structure's continued designation as an “historic structure.”

VARIANCE: For this FP Floodplain District only, this refers to any grant of relief by the community from the terms of a floodplain management regulation.  Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.  Refer to Section 10-107 on variances for the process and to Section 4 117M of this district for additional standards for review.

VIOLATION:  The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.  A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.  (See Section 9 102 for Enforcement and Liability and Section 9 103 for Violations.)

WATER SURFACE ELEVATION:  The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

B.    General Standards.

1.    A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, on the land described in Section 4 117C.  No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.  All proposed development shall also be reviewed to assure that the necessary permits have been received from those governmental agencies from which approval is required by other federal or state laws.

2.    All applications for zoning permits shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding.  If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall:  (1) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; (2) be constructed with materials and utility equipment resistant to flood damage; and (3) be constructed by methods and practices that minimize flood damage.

3.    All subdivision proposals and other proposed new developments, including manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, are required to include within such proposals base flood elevation data.

4.    Any base flood elevation data available from a federal, state or other source, shall be obtained, reviewed and reasonably utilized until such other data has been provided by the Agency, as criteria for requiring that: (1) all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the regulatory flood protection elevation and (2) all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or flood proofed to or above the regulatory flood protection elevation.

5.    In riverine situations, notification must be given to adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse and copies submitted of such notifications to the Agency.

6.    The flood carrying capacity within the altered or relocated portion of any watercourse must be maintained.

7.    Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted  within Zones A on the F.I.R.M., unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the zoning jurisdiction.

C.    Lands to Which District Applies.  This district shall apply to all lands within the jurisdiction of the City of Andover identified as numbered and unnumbered A zones, AE, AO and AH Zones on the Flood Insurance Rate Map (F.I.R.M.) and Flood Boundary and Floodway Map (F.B.F.M.) with the effective date of September 18, 2002 as amended, and any future revisions thereto, and within the FP Floodplain District established in Section 4 117G.

D.    Warning and Disclaimer of Liability.  The degree of flood protection required by this district is considered reasonable for regulatory purposes and is based on standard engineering and scientific methods of study which consist of the following series of interrelated steps:

1.    Selection of a base flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation.  The base flood selected for this district is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to these regulations.  It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year, as delineated on the Federal Insurance Administrator's Flood Insurance Study  and  illustrative materials  (F.I.R.M.)  dated September 18, 2002 with the effective date of September 18, 2002,  as amended, and any future revisions thereto.

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

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

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

5.    Delineation of the floodway fringe, i.e., that area outside the floodway encroachment lines but which is still subject to inundation by the base flood. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris.  These regulations do not imply that areas outside this  Floodplain District with its floodway and floodway fringe boundaries or land uses permitted within such a district will be free from flooding or flood damage.  These regulations shall not create liability on the part of the City or any officer or employee thereof for any flood damages that may result from reliance on these regulations or any administrative decision lawfully made thereunder.

E.    Interpretation of Boundaries.  The floodway and flood fringe overlay boundaries shall be determined by scaling distances on the Flood Boundary and Floodway Map (F.B.F.M.) which has been incorporated by reference in the Official Zoning Maps for this Floodplain District.  (See Section 4 117G for Establishment of Floodplain District.)  Where interpretation is needed to the exact location of such boundaries or where there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator shall make the necessary interpretation.  Where the interpretation is contested, an appeal may be taken to the Board of Zoning Appeals as provided for in Section 10 106.  The appellant shall be given a reasonable opportunity to submit his or her own technical evidence, if so desired.

F.    Consideration of  Floodplain Management Programs  in Neighboring Communities.  The Governing Body will, in all official actions, take into account other floodplain management programs in effect in Butler County and any neighboring areas.

G.    Establishment of Floodplain District.  The floodplain area within the jurisdiction of these regulations is hereby declared to be one district, the FP Floodplain District.  The area delineated for the district is shown on the Agency's Flood Insurance Rate Map and Flood Boundary and Floodway Map with the effective date of September 18, 2002 which are hereby incorporated by reference and made a part of the Official Zoning Maps of these regulations. Such maps designate those areas to be in the floodway portion and the floodway fringe portion of the Floodplain District.  The FP District shall be considered an overlay zoning district in that the existing underlying zoning districts and their district regulations apply in addition to and complementary to these provisions contained herein.  All uses not meeting the standards of this district and those standards of the underlying zoning districts shall be prohibited.  This district shall be consistent with all A Zones AE, AO and AH Zones, if any, as identified on the official F.I.R.M. and in the Flood Insurance Study dated September 18, 2002.

H.    Standards Within the Floodway and Flood Fringe Overlay Boundaries.  No floodplain development permit shall be granted for new developments or substantial improvements within these boundaries unless the following conditions are satisfied.  No development located within the special flood hazard areas of the community shall be located, extended, converted, or structurally altered without full compliance with the terms of these regulations.

1.    All areas identified as unnumbered A Zones in the F.I.R.M. are subject to inundation of the 100 year flood; however, the base flood elevation is not provided.  The unnumbered A Zones shall be subject to all provisions of these regulations.  If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.

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

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

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

b.    Construction with materials resistant to flood damage;

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

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

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

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

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

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

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

(4)   All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or fifty lots, whichever is lesser, include within such proposals base flood elevation data.

4.    Storage, material, and equipment:

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

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

5.    Nonconforming use in a floodplain district:  A structure or the use of a structure or premises that was lawful before the passage or amendment of these regulations, but which is not in conformity with the provisions of these regulations, may be continued subject to the following conditions:  (See Article 8 for Nonconforming Lots, Structures and Uses.)

a.     If utility service for a structure or use is discontinued for six consecutive months, any future use of the building shall conform to these regulations.

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

I.     Specific Standards:  In all areas identified as numbered and unnumbered  A zones  where base flood elevation data  have been provided, as set forth in 4 117H1, the following provisions are required:

1.    Residential Construction:  New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above base flood elevation.  The elevation of the lowest floor shall be certified by a licensed land surveyor.

2.    Nonresidential Construction:  New construction or substantial improvement of any commercial, industrial or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls  substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.  Such certification shall be provided to the Floodplain Administrator as set forth in Section 4 117P9.  The elevation of the lowest floor shall be certified by a licensed land surveyor.

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

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

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

4.    MANUFACTURED HOMES:

a.     All manufactured homes to be placed within all unnumbered and numbered A zones on the community's F.I.R.M. shall be required to be installed using methods and practices that minimize flood damage.  For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement.  Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

b.    Manufactured homes that are placed or substantially improved within unnumbered or numbered A zones on the community's F.I.R.M. in sites which are:

(1)   Outside of manufactured home parks or subdivisions;

(2)   In a new manufactured home park or subdivision;

(3)   In an expansion to an  existing manufactured home park             or subdivision; or

(4)   In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and shall be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.  The elevation of the lowest floor shall be certified by a licensed land surveyor.

c.     Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered or numbered A zones on the community's F.I.R.M. that are not subject to the provisions of subsection b above shall be elevated to either:

(1)   the lowest floor of the manufactured home is a minimum of one foot above the base flood level; or

(2)   the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(3)   the elevation of the lowest floor in both of the above instances shall be certified by a licensed land surveyor.

5.    Recreational Vehicles: Recreational vehicle(s), when placed on a site in accordance with requirements found elsewhere in these regulations, if placed on a site within a numbered or unnumbered A zone shall either:

a.     be on the site for fewer than 180 consecutive days; or

b.    be fully licensed and ready for highway use *; or

c.     meet the permitting, elevating, and the anchoring requirements for manufactured homes as required in these regulations.

*     A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

J.     Floodway Overlay Boundary.

1.    Permitted Uses.  The following uses having a low flood damage potential and non-obstructing flood damage potential and non-obstructing flood flows shall be permitted within the floodway boundary to the extent that they are not prohibited by any other applicable district and provided they do not require structures, fill or storage of materials or equipment.  All encroachments, including  fill,  new construction,  substantial improvements  and other developments must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.  No use shall increase the flood levels of the regulatory flood elevation. These predominantly open space uses are subject to the standards of Section 4 117H.

a.     Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming and forestry.

b.    Fishing, hunting, preservation of scenic and scientific study areas; public or private fish hatcheries; soil and water conservation and wildlife and nature preserves.

c.     Loading areas, parking areas, lawns, gardens, play areas and airport landing strips.

d.    Private and public recreation uses, such as golf courses, tennis courts, archery and firearm ranges, picnic grounds, boating and swimming areas, parks, shooting preserves, hiking and horseback trails.

e.     Other similar open space uses as may be determined by the Floodplain Administrator.

       In unnumbered Zone A, obtain, review and reasonably utilize any floodway data available through federal, state or other sources or Section 4 117B3 of these regulations, in meeting the standards of this section.

2.    Conditional Uses.  The following uses which involve structures (temporary or permanent), fill or storage of materials or equipment may be permitted only upon application to the Board of Zoning Appeals for a conditional use as provided for in Section 10 108 of these regulations.  Such uses are also subject to the provisions of Section 4 117H which applies to all conditional uses proposed in the floodway boundary plus the conditional use standards required by Section 4 117 I 3.

a.     Uses or structures accessory to permitted open space uses listed in Section 4 117 I 1 and for other conditional uses listed below.

b.    Circuses, carnivals and similar transient amusement enterprises.

c.     Drive-in theaters, new and used car lots, roadside stands and signs.

d.    Extraction of sand, gravel and other materials.

e.     Marinas, boat rentals, docks, piers and wharves.

f.     Railroads, streets, bridges, utility transmission lines and pipe lines.

g.     Storage yards for equipment, machinery or materials.

h.    Kennels and stables.

i.     Other conditional uses not specifically listed above, but which in the opinion of the Board of Zoning Appeals are similar in character and consistent with the standards set forth in Section 4 117 I 3.

3.    Conditional Use Standards.  In reviewing applications for conditional uses listed in Section 4 117 I 2, the Board of Zoning Appeals shall require that the following conditions be met:

a.     No structure (temporary or permanent), fill (including fill for roads and levees) deposit, obstruction, storage of materials or equipment or other use may be allowed as a conditional use which affects the capacity of the floodway or increases flood heights in the floodway as determined and certified by a licensed professional engineer.  In addition, all such uses shall be further subject to the following standards:

(1)   Fill.

(a)   Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimen¬sions of the proposed fill or other materials.

(b)   Such fill or other materials shall be protected against erosion by riprap, vegetative cover or bulkheading.

(2)   Structures (temporary or permanent).

(a)   Structures shall not be designed for human habitation.

(b)   Structures shall have a low flood damage potential.

(c)   The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.

(1)   Whenever possible, structures shall be con¬structed with the longitudinal axis parallel to the direction of the flood flow; and

(2)   So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

(d)   Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.

(e)   Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood protection elevation for the particular area or flood proofed.

(3)   Storage of material and equipment.

(a)   The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

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

K.    Flood Fringe Overlay Boundaries.

1.    Permitted Uses.  All permitted uses in the underlying districts provided they meet the standards of Sections 4 117H and 4 117J3.

2.    Conditional Uses.

a.     All conditional uses in the underlying districts; provided, that they meet the standards of Sections 4 117H and 4 117J3.

b.    A conditional use application may be approved by the Board of Zoning Appeals for a detached garage or storage structure of minimal investment and of limited size when used only for parking or limited storage purposes, which may be constructed so that its floor is below the regulatory flood elevation.  A determination of what constitutes a minimal investment should be made in relationship to the overall investment in the principal structure or use on the same zoning lot.  Such accessory structures shall meet or exceed the minimum requirements as follows, which may be less than the standards established in Section 4 117J3 a through d for such conditional uses:

(1)   The structure shall maintain the same bulk regulations and use limitations  as contained in  Sections 6 100 C and D, unless a variance is granted by the Board of Zoning Appeals;

(2)   The use of the structure shall be limited to parking vehicles or recreational vehicles or for limited storage and not used for human habitation;

(3)   The structure shall be built using unfinished and flood damage resistant materials;

(4)   The structure must be adequately anchored to prevent flotation, collapse or lateral movement which may result in damage to other structures including the use of openings to provide for the entry and exit of floodwater;

(5)   Any mechanical or utility equipment in the structure shall be elevated to or above the regulatory flood protection elevation or be floodproofed;

(6)   The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(7)   The structure shall not exceed 700 square feet of gross floor area;

(8)   Applicants for such a conditional use are advised to seek personal advice on the insurance ramifications of exempting such structures from the elevation or floodproofing standards otherwise required by these regulations including the inability to obtain such insurance; and

(9)   Construction of such structures in the floodway overlay boundary as described in Section 4 117 I is prohibited.

3.    Standards for Permitted and Conditional Uses.

(See Section 4 117 L for certification and floodproofing.)

a.     Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation.

b.    Require new construction or substantial improvements of nonresidential structures to have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation or, together with attendant utility and sanitary facilities, to be flood proofed up to that level.

c.     Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.  The bottom of all openings shall be no higher than one foot above grade.  Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

d.    Within AH Zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

e.     All manufactured homes shall be required to be anchored to resist flotation, collapse or lateral movement.  Manufactured homes must be anchored in accordance with the Building Codes of the City or FEMA guidelines.  In the event that over-the top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(1)   Over the top ties be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

(2)   Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

(3)   All components of the anchoring system be capable of carrying a force of 4,800 pounds.

(4)   Any additions to manufactured homes be similarly anchored.

f.     Require that all manufactured homes to be placed within Zones A, AH and AE on the community's F.I.R.M.  be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 4 117J3e above.

L.    Certification and Information.

1.    Flood Proofing.  Applicants shall provide certification by a licensed professional engineer or architect that the flood proofing methods selected for the construction plan are adequate to withstand the flood depth, pressures, velocities, impact and uplift forces and other factors associated with the base flood and also certify that the resulting construction has been inspected and meets the requirements of the flood proofing design plan.

2.    Elevation of Property.  Applicants shall provide information by a licensed land surveyor identifying the elevation of the property in relation to mean sea level of the lowest floor (including the basement of the proposed structure).  In addition, the applicant shall provide this information for the second lowest floor when the lowest floor is below grade on one or more sides.  The applicant shall also be required to submit certification by a licensed professional engineer or other qualified person that the finished fill and building floor elevations and other flood protection measures were accomplished in compliance with the provisions of this district.

3.    Permanent Record.  Certifications and elevation information required by Sections 4 117K 1 and 2 above are to be maintained by the Floodplain Administrator as a permanent record.

M.   Variances.

1.    Where by reason of exceptional narrowness, shallowness, shape of topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this district would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the Board of Zoning Appeals may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships; provided, that such a variance may only be granted if:

a.     The variance meets all the provisions of Section 10 107; and

b.    The structure is to be erected on a lot of one half acre or less in size and such lot is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood protection elevation.  (As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases); or

c.     The structure is listed on the National Register of Historic Places or the State Inventory of Historic Places to be restored or reconstructed; provided, that the proposed activity will not preclude the structure's continued historic designation.

2.    Variances shall not be issued except upon:

a.     A showing of good and sufficient cause; and

b.    A determination that the variance issuance will not result in measurably increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local or state laws or ordinances.

3.    Variances may only be issued upon a determination that the applicant's request shall meet the minimum necessary standards of this district to afford relief.

4.    In their review of the application for a variance, the Board of Zoning Appeals shall include add standards specified in section 10-107D of these regulations and, in addition, shall consider all of the following criteria:

a.     The danger to life and property due to flood damage;

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

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

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

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

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

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

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

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

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

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

5.    The City shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property.  Such notification shall be maintained with the record of all variance actions as required by these regulations.

N.    Application for Floodplain Development Permits.

1.    An application for a zoning permit and occupancy certificate shall be made in accordance with Section 9 101, and notwithstanding other provisions of these regulations, an additional Floodplain Development Permit shall be required in the FP District for dredging, filling, grading, paving, excavation or drilling operations, or for any other construction or development, including the substantial improvement of a structure as defined herein and the placement of manufactured homes.  Such application shall also include the  following information  where applicable: (1) plans showing the nature, location, dimensions and elevations to the lot; (2) existing or proposed structures, fill or storage of materials; and  (3) the location of the foregoing in relation to the channel, the floodway and the regulatory flood protection elevation.

2.    In making a determination whether to issue a zoning permit or occupancy certificate, the Floodplain Administrator shall make full use of the floodplain data assembled by the City and seek the advice and assistance of any designated engineer.  Furthermore, the Administrator may require the applicant to furnish the following additional information by a licensed professional engineer as is deemed necessary to evaluate the effects of the proposed use upon flood flows and other factors necessary to render a decision on the suitability of the proposed use:

a.     A typical valley cross section showing the channel of the stream, elevations of land areas adjoining each side of the channel, cross  sectional areas to be affected by the proposed development and higher water information;

b.    Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types and other pertinent information;

c.     Profile showing the slope of the bottom of the channel or flow line of the stream; or

d.    Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

O.    Amendments to Floodplain District Regulations.  No amendment shall be made to these regulations that proposes to change the provisions of this FP Floodplain District or the accompanying Official Zoning Maps as described in Section 4 117G without the City first submitting such proposed change accompanied by complete information to the Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture and the Federal Emergency Management Agency for written approval thereof in addition to the applicable amendment provisions of Sections 11 100 and 104.

P.    Duties and Responsibilities of the Floodplain Administrator.  The Floodplain Administrator's duties shall include, but not be limited to:

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

2.    Review all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local government agencies from which prior approval is required by federal, state or local law;

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

4.    Issue floodplain development permits for all approved applications;

5.    Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

6.    Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;

7.    Verify and maintain a record of the actual elevation (in relation to mean sea level) as provided by a licensed land surveyor of the lowest floor, including basement, of all new or substantially improved structures;

8.    Verify and maintain a record of the actual elevation (in relation to mean sea level) as provided by a licensed land surveyor that the new or substantially improved nonresidential structures have been floodproofed;

9.    When floodproofing techniques are utilized for a particular nonresidential structure, the Floodplain Administrator shall require certification from a licensed professional engineer or architect.

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

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

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

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

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

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

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

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

8.    Be accompanied by plans and specifications for proposed construction; and

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

This district is established to retain various agricultural characteristics, but to also serve as a transition area to accommodate many of the nonagricultural uses normally located in a rural area while anticipating an increasing amount of urbanization including low-density dwellings.

A.    Permitted Uses.

1.    Single-family detached dwellings and earth-sheltered dwellings.

2.    Churches, chapels, temples, and synagogues.

3.    Golf courses including accessory clubhouses, but not commercial driving ranges or miniature golf courses.

B.    Special Uses.

1.    Public buildings erected or land used by any agency of a City, Township, County or State government.

2.    Airports, heliports, ultralite landing areas and aircraft landing fields, publicly and privately owned.

3.    Animal clinics or hospitals with or without outside runs.

4.    Campgrounds accompanied by a plot plan of spaces for camping trailer, tents, recreation vehicles and motor homes.

5.    Cemeteries, private and public, including crematories and mausoleums.

6.    Fraternal and/or service clubs.

7.    Roadside stands for the sale of agricultural products by an operator other than the producer of the product.

8.    Privately owned, seasonal or temporary or permanent parks and recreational areas such as:

a.     adult and family retreat areas;

b.    archery ranges;

c.     gun clubs;

d.    musical festivals;

e.     polo fields;

f.     rodeos; and

g.     youth camps.

9.    Riding stables and academies, provided that no structure housing horses shall be located nearer than 500 feet to the boundary of any residential district.

10.  Other special uses not specifically listed as a permitted, special or conditional use, but which are in keeping with the intent of Section 4-118 and compatible with the uses permitted in Section 4-118A.

C.    Conditional Uses

1.    Swimming, tennis, racquetball and similar other private recreational club activities and related clubhouses.

2.    Manufactured homes as an accessory use to a farm dwelling on agricultural land only when used by persons employed thereon, including their families.

3.    Public and private utility uses as follows: Electric and telephone substations; gas regulator stations; pumping stations; and water towers and standpipes.

D.    Lot Size Requirements

1.    Minimum lot area:

a.     Residential: 217,800 square feet (five acres) which may include an area to the centerline of a street right-of-way and easements on the lot; provided, that on-site water supply and sewage disposal standards meet the requirements of the County Sanitary Code; or if a public water supply or sewer system is available, 43,560 square feet (one acre) is required.

b.    All other permitted uses:      20,000 square feet.

2.    Minimum lot width:        125 feet.

3.    Minimum lot depth:        None.

F.    Bulk Regulations

1.    Maximum structure height:          35 feet.

2.    Yard requirements:

a.     Minimum front yard: 35 feet on all sides abutting a street.

b.    Minimum side yards:

(1)   Residential:      20 feet.

(2)   All other permitted uses:           20 feet.

c.     Maximum lot coverage:       25%.

This district may be applied as an overlay district in combination with any underlying zoning district except the FP Floodplain and the PUD Planned Unit Development districts. By limiting specific uses or requiring more restrictive development standards to individual projects or specific properties, this district is intended to:

(1) Ensure compatibility, among incompatible or potentially incompatible land uses;

(2) Ease the transition from one zoning district to another;

(3) Address sites or land uses with special requirements; and

(4) Guide development of unusual situations or unique circumstances.

Development standards include, but are not limited to, minimum lot sizes, bulk regulations such as maximum height or lot coverage and minimum size of yards and setbacks, use limitations, off-street parking and loading provisions, accessory structures and uses, sign standards, miscellaneous requirements of Section 3-103 and fencing requirements of Section 3-104.

A.    Use and Development Standards. This district can be used to modify and restrict the use and development standards of an underlying zoning district. All requirements of this district are in addition to and supplement all other applicable standards and requirements of these regulations. Restrictions and conditions imposed by this district shall be limited to the following:

1.    Prohibiting otherwise permitted or special or conditional uses and accessory uses, or designating an otherwise permitted use as a special or conditional use;

2.    Decreasing the number or average density of dwelling units that may be constructed on the site.

3.    Increasing minimum lot size or lot width'

4.    Increasing minimum setback requirements in any yard;

5.    Restrictions on access to abutting properties and streets, including specific design features; and

6.    Any other development standards required or authorized by these regulations.

B.    Method of Adoption. Modifications and restrictions imposed through this district are considered part of this zoning text and accompanying map(s). All property included in the district shall be identified on the Official Zoning Map(s) by adding the letters “P-O” and a number to the base zoning district symbol. The number shall be assigned when the application is filed and numbers shall run consecutively beginning with number 1. The effectuating ordinance for zoning or rezoning property to the P-O district shall specifically state the modifications or restrictions imposed pursuant to Section 4-119A. Such modifications and restrictions imposed shall be a violation the these regulations. The modifications and restrictions shall continue in full force and effect until revised in accordance with the same amendment procedures as for the approval of the original P-O District.

C.    Effect of P-O District Designation. When the P-O District zoning designation is applied in combination with an underlying zoning district, it shall always be considered to result in a more restrictive designation than if the district did not have the P-O classification. In the event that the P-O designation was not originally requested as part of the rezoning application, but is added instead during the public hearing process, re-notification and re-advertisement of the requested zoning amendment shall not be required