(1)   Open Space. The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in Section 3 of this Article.

(a)   Open Space to Serve One Building. No open space or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

(b)   Projections into Yards. Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two feet. Open porches may project into a front or rear yard a distance not to exceed five feet.

(c)   Street Right-of-Way Width. Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured at a starting point 25 feet from the center line of the street easement.

(d)   Street Access for Dwellings. No dwelling shall be erected on a lot which does not abut on at least one street for at least 35 feet and have a width of at least 50 feet at the building line, unless otherwise excepted by these regulations.  A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

(e)   Sight Lines at Intersections. On any corner lot on which a front and side yard is required, the designated sight triangle requirements shall be met.  Additional restrictions for perimeter fencing shall also apply.

(f)   Location of Attached Private Garage. An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way.

(g)   Time for Accessory Building Construction. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.

(2)   Area.  No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building located on the lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.

(1)   Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

(2)   Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semi- public structure exceeds the prescribed height limit.

(1)   A dwelling and customary accessory structures may be erected on any single lot of record at the effective date of Ordinance No. 555, notwithstanding the limitations imposed by other provisions of this Article. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(2)   This provision shall not apply if the lot of record is located in the C or I districts.

(3)   All front, rear and side yard requirements shall be met unless varied by the Board of Zoning Appeals; except that, for interior lots located north of Twelfth Street, west of Ash Street, and east of Cedar Street, the side yard requirement shall be a minimum of five feet.

Private swimming pools may be constructed as an accessory use, but shall be within a yard secured by a perimeter fence no less than 6 feet in height, or alternatively, completely enclosed by a permanent wall or fence not less than four feet in height improved at a distance no closer than four feet from the edge of the pool; and shall meet the requirements of the city-county health department. A swimming pool shall not be constructed in front of the front building line and no portion of the pool, equipment, walkway, or other facilities related thereto, shall be located closer than 10 feet to the side or rear lot line.

There may be permitted in the RM District, on approval of the city council by a use permitted upon review permit in accordance with Section 6 of this Article, manufactured home parks subject to the following conditions and requirements.

(1)   The purpose of these regulations is to ensure and promote an acceptable living environment for occupants of manufactured home parks with manufactured home spaces, whether or not a charge is made for such spaces. Every manufactured home park shall comply with all other pertinent city and/or state regulations, together with all amendments thereto as may subsequently be adopted. No use shall be allowed other than those uses considered as an integral part of the planned manufactured home park as shown on the development plan.

(a)   Location. A manufactured home park may be located upon any tract of land held under single ownership within the RM District.

(b)   Size of Park. The minimum size of a manufactured home park shall be a minimum of five (5) acres and a maximum of 40 acres.

(c)   Frontage. All manufactured homes within a manufactured home park shall front upon a private roadway within the park.

(d)   Gross Density. The average gross density of a manufactured home park (including streets and sidewalks) shall not exceed six manufactured home spaces per acre.

(e)   Access. A manufactured home park shall have access to arterial or major collector streets and no manufactured home space shall have direct access to a local residential public street.

(f)   Off-Street Parking. A minimum of at least three (3) off-street parking space shall be provided for and be located on each manufactured home space. Parking will be allowed on one side of each roadway having a width of 30 feet.

(2)   Manufactured Home Park Plan. As part of the Use Permitted Upon Review Application, any applicant shall submit a manufactured home park site plan. Each site plan shall be drawn on the scale of one inch equals 50 feet. Each site plan shall show roads, buildings, public utilities, land use zoning, and other features outside the park within 300 feet of the exterior boundaries. The site plan shall conform with the following design requirements:

(a)   Drainage. The stormwater drainage system within the park shall be designed and constructed in accordance with the city's adopted design criteria and specifications.

(b)   Natural Features:  The design of the park shall preserve natural features such as ponds, large trees, out-croppings, etc., when feasible.

(c)   Spaces. Each manufactured home park shall clearly define the manufactured home spaces, and such spaces shall not have an area of less than 4,500 square feet. There shall be a minimum distance of 30 feet between manufactured homes.

(d)   Circulation. The interior circulation and access driveways to public streets shall be so designed as to promote the public safety. A turn-around, with a minimum radius of 50 feet, sufficient to accommodate emergency vehicles on the scale of ambulances and pumper trucks, shall be provided at the terminus of all dead-end roadways.

(e)   Roadways. Internal roadways shall be provided and all manufactured home spaces shall face or abut on a roadway having a minimum width of 30 feet measured from back of curb to back of curb. Such roadways shall be designed and constructed in accordance with the city's adopted design criteria and specifications.

(f)   Sidewalks. Sidewalks at least five feet wide, leading from manufactured home spaces to service and recreational areas, shall be provided on at least one side of all streets within the park.

(g)   Lighting. Both roadways and sidewalks shall be adequately lighted. Roadways shall be lighted with a minimum of one street light at each roadway intersection and one street light at the end of each cul-de-sac which is 300 or more feet from a roadway intersection. These lights shall be a minimum of 1,000 lumens.

(h)   Setbacks and Landscaping. Manufactured homes shall be set back a minimum of 50 feet along the frontage of public streets and property lines of a major thoroughfare and a minimum of 25 feet from all private streets and rear lot (park space) lines. The 50 foot setback, or buffer zone, shall be planted with a mixture of trees and shrubs to provide a park-like appearance. The interior of the park shall have adequate grass, trees, and shrubs to provide a dust-deterrent shaded park-like atmosphere.

(i)    Office and Management.  An area near the main entrance of the park shall be for office and management use only and shall provide accessory off-street parking equal to at least one parking space for every 40 home spaces within the park.

(j)    Facilities. Adequate provision shall be made for public water supply, sanitary sewers, fire protection, refuse collection and other necessary facilities to satisfy state and local codes, ordinances, and specifications. All water distribution and sanitary sewer system improvements shall be designed and constructed in accordance with the city's adopted design criteria and specifications.

(k)   Recreational Space. One or more recreational areas shall be provided and equipped with suitable play equipment and other recreational facilities. There shall be at least 250 square feet of developed recreation area per manufactured home space. Calculations of recreational space shall not include the setback requirements as specified in this Article.

(l)    Boat and Trailer Storage. Each manufactured home park shall provide screened areas for the storage of boats and trailers (travel, horse, or utility) with an aggregate of at least 100 square feet per manufactured home space. Boats, trailers, non-operational vehicles, and other vehicles and equipment not intended for use as daily transportation shall be stored or repaired only in the designated storage area. The storage area shall be located to minimize its impact on the park and adjacent areas and shall be screened by a combination of fencing and landscaping.

(m)  Garages, Carports and Outbuildings. Garages and carports may be allowed within the manufactured home park provided they conform to the requirements of a garage built on a typical residential lot. This includes, but is not limited to, submitting a site plan, obtaining a building permit, and meeting all building code requirements. Temporary garages, outbuildings, and other structures shall be prohibited.

(n)   Storm Shelter: Each manufactured home park shall include a storm shelter, to be constructed in accordance with the building code of the city, with a minimum of 20 square feet of open floor area per manufactured home space. The shelter shall include a parking area (exclusive of on-street parking) to provide a minimum of one-half parking space per manufactured home space.

(3)   Nonconforming Manufactured Home Parks. Any manufactured home park, in existence at the time that this Article is enacted, that does not conform with the regulations and special conditions as established in subsections (1) and (2) of this section shall be deemed a nonconforming manufactured home park and shall be permitted to continue as such under the provisions of this Article. Additionally, when any mobile home or manufactured home, that occupies any manufactured home space within any nonconforming manufactured home park, is removed from the nonconforming manufactured home park, it may be replaced only with a manufactured home. However, use as nonconforming manufactured home park shall be deemed abandoned if its use is discontinued or if its normal operations cease for a period of 30 days. In the event that a nonconforming manufactured home park is deemed abandoned, the use of the land thereof shall thereafter conform to the district within which it is located. In all other respects, a nonconforming' manufactured home park is governed by the general rules governing nonconformance as set forth at Section 8 of this Article.  Any reconstruction or repair of a non-conforming manufactured home park or subdivision or any expansion of a manufactured home park or subdivision and a nonconforming manufactured home park or subdivision shall meet the following criteria prior to the placement of a manufactured home on the site:

(a)   Stands or lots elevated on compacted fill or on pilings so the lowest floor of the manufactured home will be at or above the "base flood" elevation.

(b)   Adequate surface drainage and access for a hauler are provided.

(c)   In the instance of elevation on pilings:

(I)    Lots shall be large enough to accommodate steps;

(II)  Piling foundations shall be placed in stable soil no more than 10 feet apart; and

(III) Reinforcement shall be provided for pilings more than six feet above the ground level.

(4)   Placement of manufactured homes in the floodway.  Manufactured home parks shall not be placed within the adopted regulatory floodway.

(5)   All manufactured homes, wherever they may be located within the city limits, shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties in accordance with the requirements of the State of Kansas, as established at K.S.A. 75-1226, et seq. All manufactured homes that are to be located within any Floodway Overlay District or within any Floodway Fringe Overlay District shall comply with those additional requirements set forth in these regulations.

(6)   Nonconforming mobile homes and manufactured homes.  All mobile homes and manufactured homes that are not residential-design manufactured homes shall be considered nonconforming uses if located in other than a conforming manufactured home park.  Such nonconforming uses of mobile homes and manufactured homes shall be subject to the following requirements:

(a)   When removed from its existing site, such nonconforming use may be replaced only by a site-built structure or residential-design manufactured home in compliance with all requirements of these regulations, including minimum lot setbacks, and all applicable Building Codes.

(b)   Except that, in the case of a nonconforming use of an existing manufactured home, such use may be replaced one time by a manufactured home, provided that minimum lot requirements of these regulations are met; and provided further, the replacement manufactured home is no more than five years old.

(c)   When such a nonconforming use is removed from a C or I zoning district, it may be replaced only by a conforming site-built structure.

An accessory building may be erected as a detached structure from the principal building, or it may be connected therewith by a breezeway of similar structure.

(1)   Location. An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this Article applicable to the main building. Unless so attached, an accessory building in a residential district shall be located to the rear of the front building line and at least five (5) feet from any dwelling existing or under construction on the same lot. No accessory building shall be located closer than fourteen (14) feet to the center line of an alley. No accessory building shall be located closer to any front or side lot line than the yard requirements provide for that zoning district.

(2)   Maximum Rear Yard Coverage. Accessory buildings shall not exceed 30 percent of the area of the rear yard. Garden shelters, storage shelters, and covered patios shall be permitted as accessory buildings provided that these uses are not equipped for use as living quarters.

(3)   Maximum Height. Accessory building shall not exceed one (1) story. Height cannot exceed the main structure. Height measured from grade to top of roof.

The purpose and intent of the following regulations on residential antennas and satellite dish antennas is to build, preserve and enhance such community values as the general appearance of neighborhoods, particularly those of residential character.  Separate regulations for “Wireless Communication Facilities” apply as prescribed elsewhere in this Article.

(1)   Purpose and Intent. These regulations are designed to preserve property values, prevent property damage, promote the health, safety and general welfare of all the city residents and property owners and to protect the legal rights of residents and property owners who reside and own property in areas where antennas are constructed.

(2)   Permitted Uses: Satellite dish antennas under 24 inches in diameter may be constructed as an accessory use in all zoning districts as a matter of right.

All storage in any residential district must be contained within a building except for the following:

(1)   Construction and landscaping material currently being used on the premises.

(a)   Off street parking of licensed and operable passenger vehicles and trucks not exceeding a class limit of 2,000 pounds when parked on paved surfaces as required by this ordinance.

(b)   Items normally associated with outdoor residential activities or uses, such as, but not limited to, outdoor furniture and cooking equipment, neatly stacked firewood, and yard maintenance equipment.

(1)   Purpose and Intent. The purpose and intent of site plan review is to encourage the compatible arrangement of buildings, off-street parking, outdoor lighting, landscaping, ingress and egress, and stormwater management on the site to promote safety and convenience for the public, and preservation of property values in the city.

(2)   When Required. The conditions and requirements of this section shall apply to:  

(a)   Nonresidential development proposals;

(b)   Residential development proposals for three or more dwelling units; and

(c)   Development proposals where site plan review is required in any other section of these regulations.

(3)   Permit Conditions.  No building permit shall be issued for the erection or substantial alteration of a structure, building, parking lot, or the modification or addition of access drives until a site plan has been submitted and approved as set forth herein.

(4)   Procedure: Sit plans shall be reviewed by city staff with applicants in meetings convened at mutually agreed to times and dates; and with public utility providers as directed by the city procedures manual. Once the proposed site plan is found to be ripe for consideration by the planning commission, it shall be subject to the following procedures:

(a)   Site plans shall be submitted to the planning commission for review and shall be approved if found to be in substantial conformance with these regulations. If deemed to be in nonconformance, the planning commission may return the site plan to the applicant with recommended changes. The planning commission may approve the site plan with conditions, deny it, or defer it for further study.

(b)   Any applicant adversely affected by a decision of the planning commission on a site plan, may appeal that decision to the city commission within 15 days of the planning commission’s decision. 

(c)   The plan procedure may be waived if the proposed application meets the requirements of a minor site plan as described in Section 16-409(8).

(d)   A site plan may be submitted to the planning commission with a request for zoning district amendment when required by paragraph 2 of this subsection. The planning commission shall review the site plan, and forward it to the city commission with or without conditions, along with its recommendation for the zoning district amendment request. 

(5)   Site Plan Submittal Requirements:

(a)   A site plan shall be drawn at a scale of one inch equals 50 feet or larger, sealed by a registered design professional, and shall show;

(I)    Boundaries and dimensions of the property and a written legal description, including all existing and proposed public easements;

(II)  Topography at minimum two foot contour intervals;

(III) Location and dimensions of all utilities proposed to serve the development, including existing and proposed fire hydrants and water lines, sanitary sewer lines, and public utilities;

(IV) Preliminary storm water management study;

(V)  Location and dimensions of all existing and proposed structures and parking areas, including ADA compliance and construction details, curb cuts, loading spaces, and public and private sidewalks, including connections of public walks to on-site private walks;

(VI) Location, dimensions and construction details of all drive approaches from public ways, internal driveways, radis of curb returns and top-of-curb elevations; 

(VII)       Existing and proposed landscaping of the site and any proposed buffers (fences, walls, retaining wall details, etc.);

(VIII)      Proposed use of the site and the number of parking spaces required;

(IX) Locations of outdoor trash storage areas;

(X)  Locations of outdoor lighting with a photometric study that includes off-site light spillage, light direction and amount of illumination; and

(XI) Any other information required as a condition of approval of the site plan.

(b)   A preliminary storm water management study shall contain:

(I)    Preliminary grading plan with contours and/or spot elevations showing existing and proposed drainage pattern on-site and 50 feet beyond;

(II)  Floodplain locations and elevations;

(III) Storm sewer profiles, if applicable;

(IV) Storm drainage map showing the size (in acres) and outline of the drainage area tributary to each on-site or off-site inlet receiving runoff from the site;

(V)  Storm drainage calculations that include drainage areas, runoff coefficients matched to storm frequency, rainfall intensity, storm frequency, runoff rate (cfs), and storm water conduit details, including size, slope and length;

(VI) Provisions for providing final stormwater management plans with building permit applications. 

(6)   Time Limitations: An approved site plan shall be valid for a period of two years and shall become void if no building permit is obtained within that period. The planning commission may grant extensions if found to be in the public interest.

(7)   Improvement and Maintenance Guarantees:

(a)   Improvement guarantees shall be provided to ensure the proper installation of improvements required by the site plan. These improvements shall include, without limitation as to other improvements but only if applicable to the particular site plan:

(I)    Drainage Improvements.

(II)  Parking Areas.

(III) Curb Cuts.

(IV) Loading Spaces.

(V)  Sidewalks.

(VI) Landscaping maintenance guarantees.

(VII)       Buffering (fences, walls, etc.).

(VIII)      Parking Spaces.

(IX) Outdoor Trash Storage Areas.

(X)  Outdoor Lighting Fixtures. 

(b)   As a condition of site plan approval, the applicant shall meet the requirements of Section 17-407 of the City of Eudora, Kansas Subdivision Regulations.

(c)   In the event that the improvements are covered by an improvement guarantee required elsewhere by the city or by another governmental agency, as the case may be, no improvement guarantee shall be required under this section.

(d)   The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by resolution of the planning commission.

(e)   Upon substantial completion of all required improvements, the applicant may notify the city in writing of the completion or substantial completion of improvements. The city shall inspect all improvements of which such notice has been given. A detailed report shall be filed, in writing, indicating approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth in the report.

(f)   The city commission shall approve, partially approve, or reject the improvements on the basis of the detailed report prepared in (e). The city commission shall notify the applicant in writing of the contents of the report and the action of the city commission.

(g)   Where partial approval is granted, the applicant shall be released from all liability except for the portion of improvements not yet approved.

(8)   Minor Site Plan Review

(a)   Purpose: The purpose of a minor site plan is to allow city staff review and approval of conforming non-residential renovations, for greater flexibility in the submittal requirements and review authority and schedule.

(b)   When Applicable: A proposed renovation of a non-residential structure may be considered a minor site plan if the proposed addition does not exceed ten percent (10%) of the gross floor area of the existing building and meets all lot area requirements. A proposed renovation shall not be deemed a minor site plan, however, if significant modifications are proposed to parking lots or access drives.

(c)   Submittal Requirements: The requirements for a minor site plan will be determined by staff in each individual case. However, the minimum requirements shall be as follows:

(I)    Show the boundaries and dimensions of the property and contain the written legal description;

(II)  Show the location and dimensions of all existing and proposed structures, parking areas, curb cuts, loading spaces and sidewalks;

(III) Additional items may be required if deemed necessary by city staff.

(d)   Procedure: When a final site plan is submitted, the city staff may approve the site plan, approve it with conditions, deny it, or defer it for further study. 

(e)   Time Limitations: An approved minor site plan shall be valid for a period of one year from the date of approval and a building permit must be obtained within that period. The city staff may grant extensions to these periods when it believes that such an extension will serve the public interest.

(f)   Improvement and Maintenance Guarantees:  If public improvements will be required for the proposed development, the requirements of Section 16-409(7), Improvement and Maintenance Guarantees, shall be enforced.

(Ord. 1013)

(1)   Purpose:  The intent of the following provisions is to permit and regulate an alternative form of home ownership and development not provided elsewhere in these regulations.

(2)   Applicability:  Townhouse units developed in accordance with this section may be conveyed along with the land underneath the particular unit and its associated lot provided that all of the land upon which the townhouse itself and its accessory appurtenances are constructed is conveyed in unity with the townhouse, and provided further that all land other than the individual townhouse sites is conveyed in common to all of the individual owners, to a duly constituted property owners’ association or to the public pursuant to a subdivision action by the City Council.

(3)   The following municipal regulations apply to each townhouse subdivision development superseding any zoning district regulations to the contrary.

(4)   Townhouse subdivision developments shall be permitted in the following zoning districts:  RM and RE, provided that the property has been platted to accommodate the development.

(5)   Overall Development Size:  Shall be the same as required in the zoning district assigned to the property.  However, each such townhouse subdivision development plan shall contain at least ten townhouse units.  Phased development shall be constructed with no fewer than three townhouse units in each phase.

(6)   Density:  The overall density of a townhouse subdivision shall not exceed the density allowed by the applicable zoning district.

(7)   Unit Locations:  No townhouse unit shall be located closer than 20 feet to a street, nor closer than ten feet to any parking lot or driving aisle, nor closer than 15 feet to any overall project boundary. 

(8)   Separation:  No separation is required between individual townhouse sites or units within the same development, except that structures arranged in a linear form with a combined length in excess of 400 feet shall have a minimum separation twice the distance specified above.  Each structure shall be separated from all other groupings of townhouse units according to the following table:

side to side = 20'

side to back = 30'

back to back = 40'

front to side = 30'

front to back = 40'

front to front = 40'

(9)   Other Applicable Codes:  Any separation required to comply with building and fire codes.

(10) Structure Length:  No single grouping of townhouse units shall exceed 200 feet in length and the average length within the overall development shall not exceed 160 feet however, no townhouse structure shall contain more than eight units.

(11) Unit Access:  Each townhouse unit shall contain windows and exterior access on at least two sides in addition to the separations from individual townhouse site property lines required by the building regulation for such openings. In addition, there shall be unobstructed access at least ten feet in width on two sides of each individual townhouse unit.

(12) Minimum Width Townhouse Unit:  The minimum permissible width for a townhouse unit, center of common wall to center of common or exterior wall, shall be 19 feet.

(13) Height:  No townhouse unit shall exceed 35 feet in height, but no more than two stories shall be allowed.

(14) Location of Parking:  Each townhouse unit shall have reasonable access to the parking spaces required by this regulation.  Parking lots may be used to serve multiple units; provided, however, those parking lots shall be configured so that each unit owner has reasonable access to the number of parking spaces required by this regulation.

(15) Utilities:  Individual feeders, meters, lines and shut-offs shall be provided for each townhouse unit, comparable to those for single-family detached development utilizing City standards for construction and dedication.  No townhouse unit may be served from or through an adjoining or auxiliary structure.  Water meters shall be located in a protected, grassed area, readily accessible from the street or drive aisle serving the unit.  As an alternative to individual water meters, a master meter may be approved provided that the developer demonstrates that there is a legally and fiscally responsible entity from which billings for service can be collected.

(16) Drainage:  Each townhouse unit shall drain to a common or public drainage area or easement, and no townhouse site may drain onto or through an adjoining townhouse site except through a drainage easement.

(17) Accessory Structures:

(a)   No accessory structures shall be permitted on townhouse sites with the exception of garages, pools, spas, hot tubs, decks, cabanas, screen enclosures, walls, fences, awnings, trellises, and mechanical equipment and its enclosure.

(b)   Whenever the City and developer intend to allow the installation of accessory uses and structures such as swimming pools, hot tubs, spas, trellises, decks and the like within the private rear yard areas of townhouse units, a masonry wing wall a minimum of six feet in height and having a minimum length of ten feet, shall be installed along the common side property lines between the units, extending from the back of the units.  No wall or fence will be permitted across the rear line of the private exterior yard areas.  Landscaping across the rear line of the private exterior yard areas shall consist of at least a hedge, two feet in height at the time of planting, to be grown and maintained to a height of at least four feet.

(18) Replacement:  In the event that any townhouse unit is destroyed or removed for any cause, said unit, if replaced, shall be replaced with a townhouse of a size, shape and appearance substantially similar to the original or to adjoining townhouses.

(19) Association Required:  A property owners’ association shall be established and have at least the following duties, powers, responsibilities, and provisions:

(a)   Every property owner is required to be a member of the association;

(b)   The association shall be responsible for maintenance of all common property and facilities, all exterior structure surfaces of townhouse units, and all landscaping located outside of enclosed private yard or patio areas;

(c)   The Association and its agents shall be granted the right to enter common and private areas and facilities for the purpose of necessary repairs or maintenance;

(d)   The association shall be empowered to make and collect assessments for the maintenance, repair and replacement of common areas and facilities specifically including, but not limited to, water and sewer lines, exterior structure surfaces and yard areas of townhouse sites.

(e)   The association shall be responsible for necessary maintenance, repair, and replacement of all common facilities specifically including, but not limited to, water and sewer lines, exterior structure surfaces and yard areas, and shall ensure that all townhouses and common facilities are maintained to the standards enumerated elsewhere in this regulation.  The association documents shall put the property owners and potential purchasers on notice that the City of Eudora has the right to enforce said maintenance and to assess the individual association members their pro-rated share of the cost of such enforcement.

(20) Sidewalks:

(a)   Sidewalks shall be required to connect units to driveways, parking lots or streets.

(b)   Required sidewalks shall be constructed of concrete, brick pavers or other approved surfaces, but no asphalt, stepping stones, loose rock or mulch.

(21) Private Drives:  Any private access drives serving townhouse developments shall be so designed and constructed as to meet the City’s standards for private drives.

(22) Garages:  A garage, a fully enclosed structure designed for storage of at least one automobile or similar motor vehicle, shall be required for each townhouse unit; except that the City may consider approving a common carport facility to serve all units provided parking areas are screened on all sides visible from public rights-of-way.

(23) Legal Descriptions for Individual Sites:  Prior to the issuance of a Certificate of Occupancy for any townhouse unit, a legal description for the proposed individual site, keyed to the approved site reference plan, shall be approved by the consulting city engineer and recorded in the office of the Register of Deeds of Douglas County, Kansas.

(24) Conflict with Other Provisions:  In the event that any provision of this section conflicts with any other provisions of this regulation, the provisions of this section shall control to the extent of such conflict.

The following uses are permitted on a temporary basis in the districts designated below:

(1)   Contractor’s Office:  Contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

(2)   Real Estate Office:  Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

(3)   Outdoor seasonal sales:

(a)   Seasonal sale of farm produce grown on the premises, in all zoning districts is permitted; except that, no temporary structures incidental to such sale shall be permitted in any district other than industrial districts, which structures shall comply with the applicable front yard zoning and sight triangle requirements.

(b)   Seasonal sales of Christmas trees and farm produce grown off the premises, is permitted in all zoning districts, subject to conditions in this subsection. Items for sale must not be displayed within the sight triangle of the intersection of any two streets. Uses in residential zoning districts must not be located within 200 feet of an existing residence unless separated by an arterial street. Such uses shall not impair public health, safety, and welfare.

(I)    Type I: Sales conducted for a maximum of one weekend (three consecutive days) and a maximum frequency of two times per calendar year. No permit is required for Type I sales.

(II)  Type II: Sales conducted for a maximum of 45 consecutive days and a maximum frequency of once per calendar year. An administrative permit must be obtained from the City of Eudora for Type II sales. The City may require additional conditions—such as buffering or setback requirements—to ensure that such activities do not cause adverse impact to adjacent residential property.

(III) Type III: Sales conducted for a maximum period of 24 consecutive weeks per calendar year. This period may be extended by the codes administrator for a reasonable period. A Use Permitted Upon Review (Section 6 of this article) is required for Type III sales, and the following conditions must be met:

(i)    Such activities shall have adequate parking and sanitary facilities that are available to the public.

(ii)   The City Council may require additional conditions—such as buffering or setback requirements—to ensure that such activities do not cause adverse impact to adjacent residential property.

(4)   Carnivals and Circuses:  A carnival or circus, but only in commercial and industrial districts, and then only for a period that does not exceed one week.  Such use need not comply with the front yard requirements, provided that structures or equipment comply with the sight triangle requirements of these regulations.

(5)   Housing:  During construction of the principal residential structure, a basement, garage, camper or manufactured home may be utilized for temporary housing of full-time, regular workers for a period not to exceed six months.  The Codes Administrator may extend the period six additional months upon showing of good cause by the owner.  Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.

(6)   Garage or Porch Sales:  The sale of used or second-hand merchandise shall be permitted in any district, provided that, such use shall not exceed three consecutive days in duration for one sales event, nor shall any single residence conduct more than three sales events in one calendar year.

(7)   Temporary Portable Outdoor Storage Units. Portable storage outdoor units are an allowed temporary and accessory use in all zoning districts, subject to the following conditions:

(a)   For residential housing units, only one temporary portable storage outdoor unit per household may be permitted for no more than 14 consecutive days per calendar year. One extension of 14 days may be granted by the Codes Administrator, subject to a fee.

(b)   Temporary portable storage outdoor units shall be placed on an impervious surface and not within a public right-of-way or easement. Temporary portable storage outdoor units shall not impede pedestrian or vehicular circulation.

(c)   A permit must be obtained prior to placing a temporary portable storage outdoor unit on a property. Such permit may be obtained for no cost from the Codes Administrator.

The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:

(1)   Projections into Required Yards:  Certain architectural features may project into required yards or courts as follows:

(a)   In areas where the required yard is greater than five feet:

(I)    Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet.

(II)  Fire escapes may project a distance not exceeding four and one-half feet.

(III) An uncovered stair and necessary landings may project a distance not to exceed three feet; provided that such stair and landing shall not extend above the entrance floor of the structure except for a railing not exceeding four feet in height.

(IV) Bay windows, balconies, and chimneys may project a distance not exceeding two feet; provided that such features do not occupy, in the aggregate, more than one-third of the length of the structure wall on which they are located.

(V)  Patios may be located in side and rear yards; provided that they are not closer than three feet to any adjacent property line.

(b)   In areas where the required yard is less than five feet, cornices, canopies, or eaves not affecting pedestrian movement may project a distance not exceeding two feet.  All other architectural features shall conform to the required five-foot yard.

For each additional foot of front yard setback, the principal structure in an RS District may be oriented one degree off of parallel to the front yard setback line, provided all minimum yard requirements are met; and provided further, any such orientation off of parallel shall not exceed 22.5 degrees. 

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:

(1)   Fencing for safety purposes shall be required wherever dwellings or manufactured homes are built or installed on lots abutting major streets, as defined in these regulations, and abutting railroad rights-of-way.

(2)   No fence shall be constructed which will constitute a traffic hazard. Fences, walls and hedges may be located in required yards as follows:

(a)   If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located in any required side or back yard.

(b)   On a corner lot, on the side lot line, no privacy fence  shall be closer to the side street lot line than 10 feet, or in the sight line, whichever is more restrictive.

(3)   No fence shall be constructed in a manner or design to be hazardous or dangerous to persons or animals, nor in floodplains or public drainage easements.

(4)   No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or which will adversely affect the public health, safety and welfare.

(5)   No fence shall be constructed of a height greater than three feet in any required front yard; or six feet elsewhere; provided, however, when erected on public or parochial school grounds or in public parks or public playgrounds, the Planning Commission may, as a use permitted upon review, authorize the construction of a fence higher than six feet if the public welfare is served. 

(6)   The following fencing shall be prohibited:

(a)   Fencing materials of a temporary or short-lived nature such as safety fencing, snow fencing, “T post” construction, netting or other similar fencing as determined by the Codes Administrator;

(b)   Chain link fencing with installed slats of vinyl or similar material; and

(c)   Barbed wire, razor wire or other similar injurious materials unless otherwise approved for use in Industrial Districts by the Planning Commission.

(7)   No fencing shall be constructed beyond external lot lines, or across a public sidewalk, or public drainage easement, or FEMA designated 100-year flood plain.  For unplatted property, no fence shall be constructed within fifteen (15) feet of any street right-of-way, and shall be subject to other restrictions of these regulations.

(8)   All fences shall be constructed with the finished side facing outward from the property.  The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.

(9)   A permit to install or modify a fence shall be obtained from the City.  Pre-existing, nonconforming fence shall be exempt unless 33% or more of the fence is replaced or repaired, which shall require the entire fence to come into compliance with these regulations.

(1)   It is the intent and purpose of this Article to establish minimum landscaping, screening, and buffering requirements for new development within the jurisdiction of the City of Eudora Zoning Ordinance.  All development requiring landscaping and buffering and screening shall comply with the following:

(a)   Applicability: Landscaping, screening and buffering, as required in this Article, shall be provided for all new development, except as specifically exempted in Section 3 of this Article.

(b)   Exemptions:  Improvements or repairs to existing development that do not result in an increase in floor area and changes in use that do not result in an increase in intensity shall be exempt from the regulations of this Article.

(c)   Transition Buffer General Provisions:

(i)    Location of Buffers. Transition buffers shall be located along those portions of a site adjoining lots with a different zoning classification.

(ii)   Responsibility for Installing Buffers. The developing property shall always be responsible for providing required buffers.

(2)   Transition Buffer Specifications:  When a transition buffer is required by this code, such transition buffer shall consist of a planting screen meeting the specifications herein.  A landscaped berm or a fence screen meeting the specifications herein may be used in lieu of such planting screen if an exception for such substitution is granted by the Planning Commission

(3)   Planting Screens.  Planting screens shall consist of trees, bushes or shrubs of a variety and so planted and kept as to be achieved within thirty-six (36) months after occupancy of the premises to be screened.

(a)   Any two (2) foot square segment of a planting screen shall contain no more than Twenty-five percent (30%) open space affording a direct horizontal view through such screen if such segment is over two (2) feet above grade.

(b)   Such screen shall have a minimum height of six (6) feet above grade at any particular point along its length.

(4)   Landscaped Berm.  Adequate evidence shall be furnished demonstrating that the construction of such berm, along with any necessary culverts and ditching, will not create adverse drainage and flooding conditions on adjacent property.

(a)   Such berm shall be at least thirty (30) feet in width at the base and at least four (4) feet in height, as measured perpendicular to grade level at any point along its length.  Side slopes shall have a gradient no steeper than three to one.

(b)   Side slopes of such berm shall be sodded so as to prevent erosion.  The top of the berm shall contain a planting screen above except that the minimum height of such planting screen need be no more than three feet above the top of the berm at any particular point along its length.  Construction and material of such berm shall be as approved by the Planning Commission.

(5)   Fence Screen.  A fence screen shall not be less than eight (8) feet, nor more than ten (10) feet in height above grade level, at any particular point along its length. Any two (2) foot square segment of such screen shall contain no more than Twenty-five percent (30%) open space affording a direct horizontal view through such screen.  Construction and material of such fence screen shall be as approved by the Planning Commission.

(6)   Transition Buffer Requirements: Landscape buffers shall be provided and maintained when certain land uses are adjacent to one another.  This requirement is intended to help ease the land use transition between areas of varying development intensity and to ensure land use compatibility.

(7)   Determination of Transition Buffer Requirements. The following procedure shall be followed in determining if a transition buffer is required.  Using the matrix in of this Article:

(a)   Identify the minimum zoning classification required to accommodate the proposed use.  These classifications are listed under “Zoning of Proposed Development” in the first column.

(b)   For Transition Buffer Requirements, identify the actual zoning classification of the abutting site(s).  These classifications are listed under the heading “Existing Zoning of Abutting Property”

(c)   Determine if a transition buffer is required by crossing the previously identified proposed zoning with the adjacent zoning. The letter “R” indicates that a transition buffer is required; otherwise, no transition buffer is required.












































































































(8)   Street Trees: One (1) street tree per every eighty (80) lineal feet of street frontage shall be required. Street trees shall be installed outside of required rights-of-way and public easements. Trees shall be placed at fairly even intervals to create a uniform “street tree” appearance along the street frontage.  Street trees shall be spaced at fairly even intervals, with the exception of allowances to accommodate physical obstructions such as the location of utilities and driveways. Street trees shall not be located within intersection site triangles as defined by these regulations.

(9)   Existing Trees: Existing high quality trees and shrubs shall be preserved, if possible. Where a proposal to remove this vegetation could be avoided through modification of site layout and design or where proposed tree and vegetation removal would be detrimental to a site’s overall appearance, function or environmental condition. The Planning Commission may require preservation of such trees and vegetation.  No preservation beyond twenty-five (25) percent of the gross acreage of the site may be required.  Preservation of high quality vegetation should not restrict the use of property, but should be integrated into overall site design in a manner that will achieve both preservation and functionality.

(1)   The commercial corridors of Eudora serve as districts for commercial activity and focal points for business.  These guidelines are intended to accomplish the following:

(a)   Provide for the proper sizing and location of new retail zoning requests and developments;

(b)   Improve on- and off-site vehicular and pedestrian circulation and safety;

(c)   Allow commercial strip centers to develop on arterial streets while at the same time preserving the capacity of the arterial street to carry citywide traffic; and

(d)   Improve the visual character and identity of retail centers, strip centers, and major transportation corridors.

These guidelines are intended to supplement the City regulatory review process when considering applications for regulatory review and/or development permits in the following corridors:

·         Winchester Road;

·         Local arterial roads linking to K-10 Highway;

·         West 10th Street; and

·         Church Street through the city.

Each of the design elements or sections includes a statement of purpose and a listing of key issues.  The applicant will be expected to address these issues by: a) complying with the guidelines for each section; or b) proposing alternative solutions that specifically address the identified issues.

Although included within the policies of the Comprehensive Plan—which guide future zoning decisions—the guidelines and their application are intended to be flexible.  To that extent, the applicant is encouraged to propose innovative alternatives that accomplish the stated purpose of the guidelines.

The following guidelines are intended to be used by staff in initial discussions with the applicant to aid in preparation of a submission.  Upon receipt of a zoning case or site plan, staff will evaluate the request based on its compliance with guidelines or upon how effectively it addresses the intent of each section through alternative solutions.  The applicant shall clearly show with supportive information and data how of the key issue(s) is addressed.

When an applicable zoning case, land use plan, or site plan is presented to the Planning Commission, the staff’s recommended action will be included.  Staff’s recommendation will be based on its determination of the proposal’s conformance to the guidelines and/or its effectiveness in meeting the purposes and issues of the various design elements.

(2)   Site Appropriateness—Retail Strip Centers.

(a)   Purpose:  In order for the retail centers to best serve as neighborhood or community shopping centers, certain parameters need to be addressed.  These include:

(I)    appropriate site location;

(II)  efficient site shape and size; and

(III) site accessibility.

(b)   Guidelines:

(I)    Retail centers should typically be located at the intersection of two major thoroughfares.

(II)  Sites for neighborhood commercial centers should be generally at least six acres to accommodate 30,000 to 100,000 square feet of retail space including serving a one (1) mile radius.  Community centers should be planned for a larger site.

(III) To gradually phase in access control standards, Eudora should plan sites to be accessible from major thoroughfares at future median breaks.

(IV) Sites should be accessed from local streets that are segregated from the street system of residentially zoned land.

(V)  Topography and drainage should be addressed with regard to corner shopping locations.

(3)   Building Arrangement

(a)   Purpose:  Proper arrangement of buildings on a site provides for efficient and viable long-term use.  Key issues include:

(I)    storefront visibility and accessibility;

(II)  relationship of buildings to each other;

(III) orientation to thoroughfares;

(IV) compatibility with surrounding land uses; and

(V)  re-use of buildings and adaptability for new tenants.

(b)   Guidelines:

(I)    Storefronts should generally be visible from main circulation aisles unless a “mall” or courtyard approach is used.

(II)  Buildings should be arranged to reduce visibility of service areas from streets, customer parking areas and adjacent properties. 

(III) Buildings should be grouped along one side lot line, with one end at the front yard building setback, and with the front setback landscaped, providing a 10’ setback for all paved off-street parking.

(4)   Access

(a)   Purpose:  Safe and efficient access to the corner shopping center or commercial strip minimizes potential vehicular and pedestrian conflicts.  The key issues include:

(I)    location of (future) median breaks along major thoroughfares;

(II)  number and location of entry drives;

(III) design of entry drives; and

(IV) traffic visibility.

(b)   Guidelines:

(I)    Driveways should typically be spaced with a minimum of 125 feet from the intersections of major thoroughfares unless a one-way traffic flow is used.  All other driveway and median openings should adhere to a Driveway Access Standard.

(II)  The ingress side of the main entrance drive should be the largest radius allowed by ordinance for better access into the site, particularly at major centers, such as along reverse frontage roads of K-10 Highway.

(III) Driveways should maintain an appropriate sight distance triangle at all perimeter entrances.

(IV) Main entrance drives should generally be located at median breaks providing left turn access to and from the site.  Continuation left-turn lanes should be broken with medians at major intersections.

(V)  Main entrance drives should connect to a “straightaway” aisle that does not dead end or require an immediate turn to approach the main building.

(VI) Aisles intersecting with entrance drives should be spaced a minimum of 20 feet from the entrance line to provide for smooth turning movements.

(5)   Circulation and Parking

(a)   Purpose:  Proper circulation and parking systems minimize confusion and facilitate safe and easy pedestrian and vehicular movement within the center.  The key issues include:

(I)    traffic aisle alignment;

(II)  traffic speed and safety;

(III) parking location and layout;

(IV) service area parking and circulation;

(V)  customer pick-up areas;

(VI) drive-thru building circulation; and

(VII)       pedestrian circulation and safety.

(b)   Guidelines:

(I)    Provide a 10’ setback from street-side property lines for all off-street parking drives and spaces.

(II)  Main drive aisles should generally be free of parking when adjacent to large anchor tenants of 30,000 square feet of floor area or more.

(III) The direction of traffic flow should be identified.

(IV) Lanes should be provided for drive-thru facilities, including stacking space, which are physically separated from other circulation and parking aisles.

(V)  Parking aisles should be oriented toward anchor stores to minimize the number of parking lanes crossed by pedestrians. 

(VI) Typically provide right angle intersections (80 to 100 degrees) with no more than 2 traffic lanes crossing at any interior intersection.

(VII)       Parking should be arranged to provide readily accessible spaces for each establishment.

(VIII)      The parking layout should maximize the amount of parking in front of the building and minimize the amount behind.

(IX) Separate service vehicle circulation from customer circulation routes.

(X)  Allow for all tenants to be accessed from within the development through cross-access agreements.

(6)   Building Elements

(a)   Purpose:  In order to create a positive overall development character, all structures (including separate pad site structures) at shopping centers should have an attractive and uniform architectural treatment.  The key issues include:

(I)    consistency of design between structures;

(II)  materials standards; and

(III) rear facade treatment.

(b)   Guidelines:

(I)    The facade design plan of the entire project should be submitted with site plan review.

(II)  Facades and rooflines facing streets or main parking areas should be consistent throughout the development in design, color and materials, including that of both principal and accessory structures.

(III) Rooflines, overhangs, and the front fascia should be extended to the rear of the building(s).

(IV) High quality, low maintenance building materials are recommended.

(V)  Signage located on the buildings should be consistent in size, location and material throughout the project.

(VI) Rear facades should be of finished quality and should be of color and materials that blend with the remainder of the building(s).

(7)   Service Facilities

(a)   Purpose:  Service areas should be appropriately located and designed to efficiently and inconspicuously serve the shopping center development without disrupting on-site circulation or adjacent land uses while maintaining visibility for security purposes.  The key issues include:

(I)    location of service areas;

(II)  visibility of service areas; and

(III) treatment of pad site service areas

(IV) location of trash containers.

(b)   Guidelines:

(I)    Service facilities should generally be located in a central area to be used by several retail establishments. 

(II)  Service and docking facilities should be separate from main circulation and parking functions.

(III) Trash containers should be located in appropriately screened central service areas, and not visible from the public street.

(IV) All dumpsters should be screened on all sides exposed to a public right-of-way or abutting residential use.  All dumpsters should be shown on the approved site plan and whenever possible shall be clustered.

(V)  Service areas should be easily accessible by service vehicles.

(VI) Pad site service areas should be screened from the remainder of the development and physically separated from the circulation aisles and parking areas serving the remainder of the site.

(VII)       Pad site service areas should typically be screened by an extension of the building.

(VIII)      Service facilities should be screened from the remainder of the project, adjacent land uses and major thoroughfares.  Extended wing walls from the building may be used to screen service areas.  When used, these walls may be of solid construction if lighted on both sides, or a minimum of 30% of open construction if lighted on only one side.  A combination of landscaping and screening walls may also be used. 

(8)   Utilities/Mechanical/Outdoor Storage

(a)   Purpose:  The location and treatment of utilities, mechanical functions and outdoor storage areas hould be managed and coordinated to achieve physical and visual order within the shopping center development.  The key issues include:

(I)    location of facilities; and

(II)  visual impact of utilities.

(b)   Guidelines:

(I)    Typically, utilities should be underground from right-of-way to building to reduce visual clutter.

(II)  Locate utility metering within a designated service area.

(III) Locate mechanical equipment in the designated service area and screen from the project and adjacent land uses.

(IV) Limited outdoor storage will only be permitted in designated service areas that are screened from the remainder of the project, adjacent land uses and streets.

(V)  Utility conduit and boxes should be painted to match building color.

(VI) Roof mounted mechanical units shall be screened from view with a parapet wall, mansard roof, or other architectural extension, equal in height to the unit(s) except when that distance exceeds five (5) feet.  In this case, an additional setback will be required at a ratio of two (2) feet horizontal for each additional foot of vertical height above five (5) feet.

(9)   Buffers and Screens

(a)   Purposes:  Proper use of buffers and screens will lessen the differences between land uses and diminish the visual impact of undesirable elements.  The key issues include:

(I)    unified character;

(II)  high quality construction;

(III) longevity of screening;

(IV) disparity between land uses; and

(V)  visibility of undesirable elements.

(b)   Guidelines:

(I)    Architectural screens should be an extension of the development’s architectural treatment and consistent in color and design.  The development of an office business park where there is high interstate visibility, affords a chance to create an attractive “front door” appearance.

(II)  Screening walls should be constructed of low maintenance, high quality materials that are consistent with the building facade material.

(III) Landscape screens (typically 18 inches to 36 inches in height) should be provided between all parking areas and streets. 

(IV) Landscape screens may include a combination of plant massing, earth berming and walls.

(V)  A 10-foot to 15-foot wide landscape buffer should be provided to separate the retail use from residential land uses.  A masonry wall or combination wall and landscaping may be substituted for this buffer. 

(10) Landscaping

(a)   Purpose:  The location and design of landscaped areas, entrances and edges should effectively reinforce development’s character and quality, identify its entry points and break the massiveness of a center’s parking area.  The key issues include:

(I)    unified development image and character;

(II)  parkway treatment;

(III) identifiable entrances;

(IV) visual dominance of parking area; and

(V)  existing mature trees.

(b)   Guidelines:

(I)    The landscaped planting plan of the entire project should be submitted with site plan review.

(II)  Approximately 15% of the area between the main building face and the front property lines should be of a permeable landscaped surface.  (Secondary buildings located between the main building and the front property line should not be included in the area calculation.) 

(III) Landscape areas should generally consist of a combination of trees, shrubs and ground cover.

(IV) Use landscape areas for transition and integration between pad sites and surrounding land uses.

(V)  Minimum 2 inch caliper trees are recommended.

(VI) Artificial plants are prohibited.

(VII)       Preserve existing mature trees where possible.

(VIII)      Special landscape treatment should be employed to highlight and identify entrances.

(IX) Landscape areas should be regularly spaced in parking lots to break up massiveness of pavement.

(X)  Mechanical irrigation systems are typically required to ensure maintenance of plant materials.

(c)   Landscaping should be used in conjunction with screening walls when multi-story buildings abut an adjacent property where topography lessens the effect of a wall alone.

(d)   Transition Buffer Requirements of these Regulations shall be met.

(e)   Landscaping Plans:  Required landscaping, screening and buffering shall be shown on the required site plans, building plans or as an attached landscape plan or plot.  These plans shall include material type, quantity, location, size and dimension

(f)   Exterior Storage: Except as otherwise permitted by these regulations or during permitted construction on any tract, all exterior storage of equipment, raw materials or finished products shall be fully screened from the view of adjacent parcels and streets by a solid screen at least six (6) feet in height.  Storage within I - Industrial Districts shall be exempt from screening of exterior storage visible from abutting streets.

(g)   Screening and enclosure required for permitted outdoor storage shall be by means of a fence, wall or berm, in combination with landscaping, designed to create a minimum of seventy-five (75) percent opacity. Crates, boxes, trailers or other temporary storage facilities shall not be considered appropriate screening materials.  Outdoor storage shall not interfere with the required and/or approved operation of the site, including but not limited to traffic circulation, parking, open space or aesthetics. 

(h)   The permitted display of merchandise for sale to the public shall be restricted to a maximum of twenty-five (25) percent of the area of either the front, side or rear yard exclusive of any area of required setback. In no case shall merchandise for sale be displayed in any required set back or parking area, or interfere with pedestrian or vehicular access or parking.

(i)    Existing businesses in non-compliance with the requirements of this section shall be required to be in full compliance one year from the effective date of these revised regulations, subject to the following considerations:

(I)    In order to bring an existing business into compliance, an application shall be made to the Codes Administrator.  The application shall include the details of proposed site plan amendments or revisions needed to bring the business into compliance with these regulations. Staff may require the applicant to submit copies of existing site plans and other materials necessary to provide adequate consideration. The Planning Commission shall approve applications and site plan amendments. 

(II)  If following review, the Planning Commission determines that these regulations cannot reasonably be met an exception to these regulations shall be granted.  Such exception shall be based upon the following considerations:

(i)    The exception is unique to the property in question and will not ordinarily be found in the same zone or district; and is not created by an action or actions of the property owner or applicant.

(ii)   The exception is the minimum exception necessary.

(iii)  The granting of the exception will not create unfair competition with similar uses in the same zone or district.

(iv)  The granting of the exception will not adversely affect the rights of adjacent property owners.

(v)   The exception will not be opposed to the general spirit and intent of these regulations.

(j)    Refuse: Except during permitted construction on any tract, all waste materials, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes, and located on a paved surface designed for adequate vehicle and removal equipment access and operation.  Containers shall be screened from view from adjacent parcels and any streets. Unless the container is contained within the building until time of collection, screening shall be provided by dense landscaping, landforms, by housing the container in a refuse enclosure at least as tall as the container, or a combination there of.  This screen shall provide complete visual screening of the dumpster and be compatible in material and color with the principal structure on the lot.

(k)   The owner of any land parcel shall be responsible for keeping that land free of refuse.  All exterior storage not included as a permitted accessory use, a permitted use, included as part of a Use Permitted upon Review, or otherwise permitted by these regulations or other City code shall be considered refuse.

(1)   The following uses shall be considered Adult Entertainment Uses in each Zoning District if any of the following conditions apply:

(a)   In Residential Districts, if any use has any gross receipts, or inventory on hand at any time, or its floor area at any time in uses as described in Subsection (2) below.

(b)   In Commercial and Industrial Districts, if any use is in excess of five percent of annual gross receipts, or inventory on hand at any time, or its floor area at any time as described in Subsection (2) below.

(2)   Adult Entertainment shall comprise any of the following activities:

(a)   An amount more than the permitted percentage of its annual gross receipts derived from: the offering of entertainment, performances, scenes, visual representations, or other presentations which are characterized by emphasis on depiction or description of “specified sexual activities” or of “specified anatomical areas” as herein defined, or the offering of stocks in trade of books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other photographic materials which are characterized by emphasis on depiction or description of “specified sexual activities” or of “specified anatomical areas” as herein defined, and instruments, devices, or paraphernalia designed for use in connection with “specified sexual activities” as herein defined; or

(b)   An amount more than the permitted percentage of its inventory on hand at any time consisting of stocks in trade of books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other photographic materials which are characterized by emphasis on depiction or description of “specified sexual activities” or of “specified anatomical areas” as herein defined, or paraphernalia designed for use in connection with “specified sexual activities” as herein defined; or 

(c)   An amount more than the permitted percentage of its floor area at any time allocated to  entertainment, performances, scenes, visual representations, or other presentations which are characterized by emphasis on depiction or description of “specified sexual activities” or of “specified anatomical areas” as herein defined, or the offering, display and storage of stocks in trade of books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other photographic materials which are characterized by emphasis on depiction or description of “specified sexual activities” or of “specified anatomical areas” as herein defined, and instruments, devices, or paraphernalia designed for use in connection with “specified sexual activities” as herein defined, and instruments, devices or paraphernalia designed for use in connection with “specified sexual activities” as herein defined.