SECTION 4. ADDITIONAL DISTRICT REGULATIONS.
16-401 Open space.
(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 Private Garage. An attached or detached private garage/accessory building 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.
(Ord. 1079)
16-402 Height.
(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.
16-403 Dwellings on Small Lots.
(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.
16-404 Swimming Pools.
Private swimming pools that are permanent in-ground, or on-ground that stand 24 inches or more above grade, may be constructed as an accessory structure and shall be surrounded by a perimeter fence that measures at least 4 feet tall and shall not exceed 6 feet tall and shall be secured with gates. The gates shall be self-closing and have a self-latching device equipped with locks that shall be locked when the pool is not attended. A powered safety cover constructed under the coping of a pool may serve as a substitute for the required perimeter fence. The swimming pool shall meet the requirements of the city-county health department. A swimming pool shall not be constructed in front of the building line and no portion of the pool, equipment, walkway, or other facilities thereto, shall be located closer than 5 feet to the side or rear lot line. A swimming pool shall not be constructed within a utility easement and/or drainage easement.
16-405 Manufactured home park regulations.
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:
(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.
16-406 Accessory buildings.
An accessory building may be erected as a detached structure from the principal building, or it may be connected therewith by a breezeway or similar structure.
(1) Location. Unless otherwise provided, no accessory building or use shall be erected in any required or established front yard, and all accessory structures must meet the setback requirements for the zoning district in which they are located. No detached accessory building shall be erected closer than five (5) feet from any dwelling existing or under construction on the same lot and shall have a five (5) foot setback from the rear property line.
(2) Maximum Cumulative Size and Number. Maximum accessory building size and number of accessory buildings in all residential districts shall be determined by the following table:
| Parcel Size (acres) | Maximum Cumulative Accessory Building Size | # of Accessory Buildings | ||
|---|---|---|---|---|
| 0 | to | 0.25 | UP TO 900 SF | 2 |
| 0.25 | to | 0.5 | UP TO 1,200 SF | 2 |
| 0.5 | to | 1 | UP TO 1,600 SF | 2 |
| 1 | to | 3 | UP TO 2,500 SF | 2 |
| 3 | to | 5 | UP TO 3,200 SF | 3 |
(3) Maximum Height. Accessory building shall not exceed one (1) story. Height cannot exceed the main structure. Height is measured from grade to top of roof.
16-407 Antennas and Satellite Dish Antennas.
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.
16-408 Exterior Storage in Residential Districts.
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.
16-409 Site plan review.
(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;
(b) A preliminary storm water management study shall contain:
(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:
(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:
(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)
16-410 Townhouse subdivision development.
(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.
16-411 Temporary Uses Permitted.
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.
(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.
16-412 Determination of Structure Setback Line.
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:
(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.
16-413 Orientation of Residential Structures in the RS District.
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.
16-414 Fences.
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) Front yard fences shall be decorative fences designed so that they are at least 40% transparent, such as split–rail, picket, wrought iron or similar and shall not exceed four (4’) feet in height (chain link not permitted). Decorative four (4’) feet front yard fences may be placed on the joint property line/road right-of-way line as long as they do not create a traffic hazard (e.g. sight line, etc.) or interfere with the ability to utilize or maintain the functions of within the right-of-way. Fences in side or rear yards shall not exceed six (6) feet in height, 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.
16-415 Landscaping, Screening and Buffering 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.
| ZONING OF PROPOSED DEVELOPMENT | EXISTING ZONING OF ABUTTING PROPERTY | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| RA | RS | RT | RM | RE | DC | C | PD | I | |
| RA-RE | __ | __ | __ | __ | R | ||||
| DC | R | R | |||||||
| C | R | R | R | R | R | ||||
| POD | R | R | R | R | R | R | R | R | |
| I | R | R | R | R | R | R | R | R | |
(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.
16-416 Commercial corridor design guidelines.
(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:
(b) Guidelines:
(3) Building Arrangement
(a) Purpose: Proper arrangement of buildings on a site provides for efficient and viable long-term use. Key issues include:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(b) Guidelines:
(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:
(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.
16-417 Adult entertainment regulations.
(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.