Article 4, Commercial Zoning Districts

A.Purpose. This district is intended to accommodate civic, limited commercial services, housing, and offices in Downtown. Uses are restricted to civic, housing, light retail, offices, personal services, and public services to serve the needs of Edgerton residents. The intent is to allow creative reuse and rehabilitation of existing buildings.

B.Use Restrictions. In District C-D, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for those listed as permitted or conditional as follows in sections C and D below.

C.Permitted Uses.

1.Uses listed in C-1, General Commercial District, except for the following:

i.Convenience stores, with or without gasoline sales.

ii.Drive through food service.

iii.Restaurants and other eating establishments, can include drive through facilities.

2.Farmers Markets

3.Restaurants without drive-through facilities.

4.Bed and breakfast.

D.Uses Permitted by Condition (Conditional Uses). The following uses may be permitted with a Conditional Use Permit obtained pursuant to the provisions of Article 7 of the Unified Development Code:

1.Parking lots detached from the principal use.

E.Setback, Yard and Area Regulations.

Table 4-4 - Setbacks, Yards, and Area for C-D Zoning District Maximum Building Front Yard Setback Side Yard Setback Rear Yard Setback Height Required rear yard setback is twenty Required side yard setback is ten (10) (20) feet from the building wall and/or feet, with the following exceptions: mechanical equipment used to service No front yard setback - No side yard is required when No building in the the premises when the lot abuts a is required. If a adjacent buildings share a common C-D district shall residential setback is desired, wall. be constructed to property. maximum allowed - When a side lot line abuts a a height greater distance is five (5) feet. residential property, a fifteen (15) than 2 stories.

When adjacent to other commercial, the foot side yard setback is required. rear setback shall be 10 (ten) feet).

F.District Regulations. No merchandise or equipment shall be stored or displayed outside a building. However, the Zoning Administrator may issue a Temporary Sales Permit for outdoor displays and sales of merchandise up to four times a year with a limit of seven days per each sales permit issuance. Permit periods may run in succession. Uses which would detract from the desired functionality and character of Downtown are not allowed.

G.Design Guidelines. The Downtown Commercial District in Edgerton provides for a unique opportunity to embrace the past while bridging the future. The design of proposed buildings in the Downtown Commercial District should be inspired by the characteristics of existing traditional buildings but should not try to recreate traditional building style with new construction. Infill buildings should ensure that setbacks, building heights and land coverage are sensitive to the surrounding spatial context. Development within the Downtown Commercial District should incorporate the following items in implementing development design:

1.Commercial buildings should continue traditional building elements displayed in traditional buildings such as storefront display and transom windows, sign boards, upper level windows, and cornices.

2.Street level transparency should be maintained through building design. Blocking storefront windows with opaque materials is not allowed.

3.Infill buildings located in the Downtown Commercial District should be designed and constructed in a manner which complements existing traditional architecture using context sensitive materials and architectural elements.

4.Infill buildings should front the sidewalk zone in line with adjacent buildings.

5.Proposed buildings with non-traditional architectural styles should visually complement the character of existing traditional buildings.

6.Multiple architectural styles should not be mixed within the façade of a single building or continuous storefront.

7.Buildings should be massed at limited heights to prevent overwhelming adjacent existing buildings. Building heights should vary to create an attractive rhythm for the building blocks as a whole.

8.Entrance doors are encouraged to be recessed to emphasize entry and reduce potential pedestrian conflicts.

9.All areas used for refuse collection shall be screened from view.

10.Primary entrances to buildings at ground level shall face street rights-of-way rather than parking lots.

Building Materials - Façade materials for proposed buildings should be predominantly composed of materials which complement traditional buildings. Building materials should be high quality, timeless and well maintained. Building colors should be non-intrusive and compliment other colors present in the surrounding context and adjacent properties. The following are recommended building materials for the Downtown Commercial District:

•Brick with an appropriate range of colors

•Stone veneer, cast stone, or architectural concrete

•High quality and appropriately sized wood or fiber cement siding

•Wood, composite wood, vinyl, stone or fiber cement trim and accent materials

•Cast or wrought iron accent materials

•Sheet metal coping

•Clear glass windows

•Textured, beveled, stained, faceted or glass block windows should only be used as accents or for portions of windows.

Vertical or panel siding, imitation building materials, sheet metal, mirrored or opaque glazing and plastic materials are not allowed.

Roofing - Roofing materials in the Downtown Commercial District are limited to asphalt shingles, standing-seam metal, membrane or slate roofing materials. Sheet metal coping should be used at roof edges. Wood shakes and/or clay tile roofing are not allowed.

Awnings - If awnings are to be used as a design element, see Awnings and Fencing details in Section 4.6 at the end of this Article related to awning design guidelines.

Fencing – If fencing is used, see Awnings and Fencing details in Section 4.6 at the end of this Article related to fencing design guidelines.

Architectural Design Standards - Design Guidelines: The majority of the building(s) of a development shall possess an architectural character that respects traditional design principles, such as:

1.Variation in the building form such as recessed or projecting bays;

2.Expression of architectural or structural modules and detail;

3.Diversity of window size, shape or patterns that relate to interior functions;

4.Emphasis of building entries through projecting or recessed forms, detail, color or materials;

5.Variations of material, material modules, expressed joints and details, surface relief, color, and texture to scale;

6.Tight, frequent rhythm of column/bay spacing, subdividing the building façade into small, human scaled elements.

7.Building walls facing a street, pedestrian walkway, or adjacent residential development shall incorporate architectural features such as columns, ribs, pilaster or piers, changes in plane, changes in texture or masonry pattern, or an equivalent element that subdivides the wall into human scale proportions.

Service Areas – Service areas in the Commercial Downtown District shall utilize the following guidelines related to service areas:

1.Service areas and refuse storage areas shall not front onto streets and public open spaces.

2.Service areas shall be located to the rear or side of buildings and screened from view from the street and/or public open space.

3.Ground-based mechanical equipment shall be located away from property lines adjacent to public streets and screened from view at the street.

4.Refuse storage and pick-up areas shall be combined with other service and loading areas.

5.Developments shall provide access for service vehicles via alleys or parking lots.

H.Site Plan Approval.

1.All development proposals in the C-D District shall be subject to approval of a site plan in accordance with Article 10.

2.If application is made for a building permit for a building or structure, that does not require site plan approval and whose architectural style or exterior materials in the opinion of the Zoning Administrator varies substantially from such style and materials which have been used previously on said building or is not of the quality acceptable to the Zoning Administrator, the plans for said building or structure shall be submitted to the Planning Commission for site plan approval in accordance with Article 10.

I.Parking and Loading. Uses in the C-D District are exempt from Article 16, Section 16.3 Required Spaces and Section 16.4 Off-Street Loading and Unloading. The following parking stipulations are required in the C-D District:

1.Off-street parking is not required in the C-D District.

2.Off-street parking shall be located behind or to the side of buildings.

3.Surface parking areas must be screened from the street by low hedges or walls at least three (3) feet and up to four (4) feet in height.

4.Parking structures with exposed street frontage shall not be oriented toward residential uses.

J.Signs. See Article 12 for Sign Regulations.

K.Landscaping. Landscaping is important to the Downtown Commercial District in that it softens the hardness of the roadway and sidewalk paving materials, improves the visual appearance, and contributes to a sense of place. Street tree canopy provides shade during hot summer months, reduces heat island effect, and helps with traffic calming efforts. Below are the recommended guidelines to follow when implementing landscaping and street trees in the Downtown Commercial District:

1.Landscape plans should be designed to require minimal maintenance.

2.Native plantings should be considered for use where possible since these are most adapted to the local conditions and will generally require the least amount of maintenance.

3.It is recommended that an automatic irrigation system be used for landscaping and street trees located with Commercial Downtown District, as part of streetscape improvement project. Water-efficient irrigation components such as drip irrigation should be used.

4.Landscape beds and street tree planting areas should ensure that adequate volumes of high-quality planting soil is provided to allow for optimum plant growth.

5.Landscape beds should consist of large masses of durable low maintenance, preferably native plantings. It is recommended to limit the number of plant species in landscape beds to two or three species to help reduce maintenance needs.

6.Trees and shrubs that produce profuse amounts of fruit are not allowed.

7.Tree species with invasive roots systems are not allowed adjacent to pavements and building foundations.

8.Street trees and landscaping must be located and pruned appropriately to prevent screening of and encroachment on adjacent properties.

9.Tree canopies must be pruned to maintain a minimum 7 (seven) foot clearance from ground level as the tree matures in size. Newly planted trees in a streetscape setting should be selected to ensure this clearance requirement can be achieved as quickly as possible.

10.Landscaping adjacent to businesses, intersections, cross streets, and business entries should not be taller than 3 (three) feet.

11.Clump form trees and evergreen plantings should be avoided. Exception may be made in areas where visibility of adjacent property is undesirable (i.e. screening of utility sub stations, dumpster enclosures).

12.Larger shrubs (greater than 3 (three) feet) should be used sparingly to prevent sight conflicts at intersections and blocking of businesses. Larger shrubs may be used to screen utilities or other areas where sight conflicts are not an issue.

13.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut a residential property.

Recommended Planting Palette - Deciduous plants should be mixed with evergreen plants, and spring with fall blooming plants to help create year-round interest. The following is a recommended planting palette for consideration when creating a landscape plan for areas containing Downtown Commercial District zoning designation.

1.Appropriate mature size and growth habit (Low profile desired)

2.Ornamental characteristics (Flowering, Fall Color, Etc.)

3.Hardiness and resistance to disease/pests

4.Adaptability to different soil types

5.Tolerant of urban conditions (Air pollution, salt tolerance, tolerant of poor soil)

6.Drought tolerance

7.Species which provide options for various environmental conditions (wet, dry, sun , shade, etc.)

8.Low maintenance

9.Non-invasive

A.Purpose. This district is intended to provide limited commercial services and offices to the community or residential neighborhoods. Uses are restricted to light retail, offices, personal services, and public services to serve the daily needs of residents. The intent is to encourage harmonious integration of retail centers at a neighborhood scale or accommodate limited commercial services and sale of goods situated along thoroughfares in the City. Operations and all equipment must be wholly contained within the building and the conduction of operations outside is strictly prohibited.

B.Use Restrictions. In District C-1, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for those listed as permitted or conditional uses as noted in sections C and D following.

C.Permitted Uses.

1.Alterations and tailoring.

2.Ambulance service.

3.Amusement and video arcades.

4.Antiques.

5.Apartments located above the first floor of a business.

6.Apparel.

7.Appliance and electronics repair.

8.Art galleries and studios.

9.Automated teller machine.

10.Automotive parts, retail only.

11.Bakeries and confectionery establishments.

12.Barbers, hair styling and similar personal services.

13.Books and periodicals sales.

14.Bus passenger station.

15.Café.

16.Cameras and photo equipment.

17.Carpeting and floor covering.

18.Caterer.

19.Church and places of worship.

20.Clubs or cultural group.

21.Convenience stores, with or without gasoline sales.

22.Computer sales and service.

23.Crafts.

24.Discount stores.

25.Drive through food service.

26.Drugs and cosmetics.

27.Dry cleaners.

28.Exterminator, pest.

29.Financial institutions, including drive-through banks.

30.Florist and gift shops.

31.Food store.

32.Fuel stations, no car wash.

33.Funeral home, mortuary.

34.Furniture store.

35.Greeting cards and stationery stores.

36.Hardware stores.

37.Health or fitness clubs.

38.Health related sales and services.

39.Home lighting and fixtures stores.

40.Housewares and kitchenware stores.

41.Interior decorating studios.

42.Internet providers - customer service operations.

43.Jewelry stores.

44.Laundry, self-serve or drop off.

45.Locksmiths.

46.Medical services and offices.

47.Microbrewery.

48.Music and musical instruments – lessons, service, sales.

49.Neighborhood market.

50.Office, general.

51.Office supplies.

52.Optical shops.

53.Package sales of alcoholic liquor or cereal malt beverages.

54.Paint and wallpaper.

55.Pet stores.

56.Photocopying and retail printing.

57.Picture framing.

58.Postal and mailing services.

59.Publicly owned and operated offices, community buildings, public museums, public libraries, or meeting facilities.

60.Restaurants and other eating establishments, can include drive through facilities.

61.Shoe repair.

62.Sporting goods and bicycles.

63.Taverns and bars.

64.Taxidermist.

65.Theaters, indoor.

66.Toys and hobby supply stores.

67.Public utilities, offices only.

68.U.S. Post offices.

69.Veterinarian (domesticated pets only).

70.Video rentals, except adult videos.

71.Accessory uses related to the permitted uses listed.

72.Any commercial or office use that meets the intent and purpose of this section and is keeping with the general character of the district.

D.Uses Permitted by Condition (Conditional Uses). The following uses may be permitted with a Conditional Use Permit obtained pursuant to the provisions of Article 7 of the Unified Development Code.

1.Parking lots detached from the principal uses

E.Setback, Yard and Area Regulations.

Table 4-5 - Setbacks, Yards, and Area for C-1 Zoning District Minimum Open Front Yard Maximum Building Side Yard Setback Rear Yard Setback Space Setback Height No side yard is required, except: All buildings in the C-1 District shall - When a side lot line abuts maintain a twenty- residential property, a five (25) foot rear 20 percent of net Twenty-five twenty (20) foot side yard yard setback from Thirty-five (35) feet site area. (25) feet setback is required. the building wall - On a corner lot, a side and/or equipment yard setback of fifteen (15) used to service the feet is required adjacent to premises. the side street.

F.District Regulations.

1.No merchandise or equipment shall be stored or displayed outside a building. However, the Zoning Administrator may issue a Temporary Sales Permit for outdoor displays and sales of merchandise up to four times a year with a limit of seven days per each sales permit issuance. Permit periods may run in succession.

2.Building tones and color shall be in keeping with the general appearance of the adjacent properties.

G.Design Guidelines. Design standards provided are the minimum requirements. Applicants are encouraged to use higher quality materials, more frequent building articulation, higher connectivity, a greater amount of open or civic spaces, or a greater percentage of sustainable or green building design or materials. Building tones and scale shall be in keeping with the general appearance of neighboring properties.

Building Materials Building material standards are required to ensure appropriate quality and visually appealing building design. Permitted high quality building materials for the primary (front) and secondary (sides and rear) building façades shall be selected from Table 4-6 below according to the percentage specified for each façade and material type. Applicant must provide percentage calculations for each material type. Fuel Stations, Convenience Stores and/or Drive-Throughs have additional Design Guidelines. See section 4.7 “Fuel Stations, Convenience Stores and/or Drive-Throughs (Permitted Use in Districts Zoned C1, C2, and C3 only)” for additional requirements.

Table 4-6 – C-1 District Permitted Building Materials by Materials Category

Materials Category 1 Materials Category 2 Primary - 80% (must Primary - 20% include 30% Secondary - 40% transparent glass) Secondary - 60% Masonry Brick, solid ✔ ✔ Brick, modular ✔ ✔ Brick, panel/veneer ✔ Stone, modular ✔ ✔ Stone, veneer ✔ ✔ Stone, synthetic ✔ ✔ Stucco, genuine, detailed ✔ ✔ Stucco, synthetic/panels ✔ Concrete, plain finish ✔ Concrete, detailed ✔ ✔ Concrete Masonry Unit, split ✔ faced Concrete Masonry Unit, ✔ ✔ burnished Cement fiber board ✔ Glass & Tile Clear Glass ✔ ✔ Architectural panels ✔ ✔ Architectural block ✔ Mirror glass ✔ ✔ Opaque glass ✔ ✔ Tile ✔ ✔

Materials Category 1 Materials Category 2 Primary - 80% (must Primary - 20% include 30% Secondary - 40% transparent glass)

Secondary - 60%

Wood Other Synthetics

Synthetic stucco/EIFS (detail ✔ only)

Awnings - If awnings are used as a design element, see Awnings and Fencing details in Section 4.6 at the end of this Article related to awning design guidelines.

Fencing – If fencing is used, see Awnings and Fencing details in Section 4.6 at the end of this Article related to fencing design guidelines.

Roofing - Mansard and other visibly sloped roofs for commercial or mixed uses shall consist of tile, slate, standing seam metal, or textured metal that resembles asphalt or tile. Metal, asphalt or composition shingle, or other materials with a synthetic or plastic appearance are not allowed.

Gutters and Downspouts

1.The location and design of exposed gutters and downspouts shall be identified on building elevations submitted for approval.

2.Exposed gutters and downspouts that are located on the primary façades of nonresidential structures shall meet the following criteria:

a.Downspouts are to be incorporated as part of a column, an architectural design element or encased within a column.

b.Exposed downspouts must be designed by the architect as decorative architectural elements that are an integral component of the building design and coordinated with vertical elements such as towers, columns, or pilasters; or located only at interior corners of the building and painted to match or coordinate with the façade in order to minimize their appearance.

c.Exposed gutters and downspouts shall be constructed of high-quality, commercial-grade metal.

d.Exposed gutters are prohibited for use with flat roofs. Rooftop Screening - All applications for preliminary or final development plan approval shall include information regarding anticipated rooftop equipment, including mechanical units, vents, pipes, and other appurtenances. Such equipment shall be indicated on building elevations where the size and location of such equipment is known, and any anticipated equipment or equipment locations not yet determined shall be described in the notes on the building elevations along with the estimated maximum dimensions of such equipment and the intended methods of screening.

1.All rooftop equipment shall be screened from public view with an architectural treatment which is compatible with the building architecture and integral to the overall appearance of the building. An example includes a parapet wall that includes the same building materials as the lower levels of the building façade.

2.For purposes of this Article, the phrase “architectural treatment compatible with the building architecture” does not include painted or prefinished rooftop equipment.

3.For rooftop equipment not adequately screened by the parapet, a supplementary screen shall be provided by the use of prefinished architectural metal panels, stucco panels, masonry walls, or similar building materials.

4.The height of the screen shall be no lower than the height of the equipment.

5.Screening shall not interfere with Fire Department access to the roof.

6.In the event that any rooftop equipment has not yet been determined at the time of final development plan approval, or changes are made to rooftop equipment after the final development plan is approved, the applicant must provide suitable screening to meet the above criteria, subject to review and approval by the Zoning Administrator.

Ground or Building Mounted Equipment - Exterior ground-mounted or building-mounted equipment including, but not limited to, mechanical equipment, utilities’ meter banks and coolers shall be screened from public view with three (3) sided landscaping or with an architectural treatment compatible with the building architecture. Utility structures shall be located on the interior façade of the building, away from arterial or collector streets, and when possible, recessed into the wall of the structure. Utility structures shall not be placed along collector or arterial streets except when approved by the City. Utility structures shall be located behind the sidewalk and are subject to approval by the City Engineer. When requested within public right-of-way a landscaping plan shall be required with the right-of-way permit. Landscaping selected for screening shall be provided for on three (3) sides of the structure and shield the structure from public view.

Horizontal and Vertical Articulation - All buildings must incorporate horizontal and vertical primary façade articulation to divide building mass into human scale modules.

1.Horizontal Articulation: One or more of the following horizontal articulation tools must be used a minimum of every 50 feet of linear façade width:

a.Wall offset – a horizontal wall plane offset of at least 4 feet extending for the full height of the façade;

b.Wall notch – a setback or notch in the wall plane at least 4 feet deep and 8 feet wide for the full height of the façade

2.Vertical Articulation. One or more of the following vertical articulation tools must be used a minimum of every 50 feet of linear façade width:

a.Variation in Height as viewed from the street – A variation in building or parapet height of at least 2 feet (or 4 feet for buildings greater than two stories in height).

b.Variations in Roof Form - Use of more than one roof form to express different building modules

Focal Point Elements - All buildings must incorporate focal point design elements to help define the character of the structure. Select one or more of the following focal point design elements:

1.Tower or Raised Parapet Element - Towers or raised roof parapets that produce variations in building height of at least 4 feet and project at least 1 foot from the front and rear of the primary façade plane.

2.Cap Element - A design element projecting above the roofline and incorporating clerestory windows or other transparent areas.

3.Pitched Roof Elements - A design element incorporating a pitched roof or gable roof end.

H.Site Plan Approval.

1.All development proposals in the C-1 General Commercial District shall be subject to approval of a site plan in accordance with Article 10.

2.If application is made for a building permit for a building or structure that does not require site plan approval and whose architectural style or exterior materials in the opinion of the Zoning Administrator varies substantially from such style and materials that have been used previously on said building or is not of the quality acceptable to the Zoning Administrator, the plans for said building or structure shall be submitted to the Planning Commission for site plan approval in accordance with Article 10.

I.Parking and Loading. See Article 16 for Parking and Loading Regulations.

J.Signs. See Article 12 for Sign Regulations.

K.Landscaping. All land area subject to a Final Site Plan and issued a building permit, which is not paved or covered by buildings, shall be brought to finished grade and planted with turf, native grasses, or other appropriate ground covers. Trees, shrubs and other landscaping materials depicted on the approved Final Site Plan are considered site improvements in the same manner as parking, building materials and other details. If landscaping is not installed, maintained and replaced as needed to comply with the approved plan and/or building permit plans, the owner and its agent or agents are considered in violation of the terms of the certificate of occupancy and in violation of the Unified Development Code.

The following conditions apply to all landscaping within the C-1 General Commercial District:

1.Landscape design and species shall be used to create visual continuity throughout the development with landscape coordination occurring among all phases of the development area.

2.A variety of different species (including both deciduous and evergreen species) shall be incorporated into the site design to provide visual interest, as well as disease and pest resistance. At least one-third (⅓) of the plantings shall be evergreen species.

3.Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

4.Earthen berms and existing topography shall, whenever practical, be incorporated into the landscape treatment of a site.

5.Required landscape plantings shall be coordinated with the location of utilities, driveways and traffic sight distance triangle areas.

6.Trees shall not be placed within public utility easements, but within adjacent areas that do not conflict with such public easements and meet site landscaping requirements.

7.Planting design shall coordinate the locations of trees to allow access to utilities with minimal disruption to the trees and their supporting root systems, while avoiding increased service costs to the utilities.

8.The Zoning Administrator may approve exceptions to the location and spacing of trees to accommodate the location of public utilities.

9.Any area of a site not intended for a specific use, including a commercial pad site intended for future development, shall be seeded unless retained in its natural state. In all cases the site shall be maintained.

10.Vegetative stabilization and management techniques shall be used at a site after construction is completed. The applicant shall protect disturbed areas from any unnecessary run-on of stormwater from adjacent sites.

11.Selected species should be adaptable to the climate and growing conditions of northeastern Kansas and not an invasive species.

12.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut a residential property.

13.Prohibited plants include those that are invasive or potentially damaging to streets, sidewalks, utilities, drainage improvements, and foundations.

14.All buildings or additions shall provide a solid screen fence or wall at least six (6) feet in height adjacent to all rear yards abutting property zoned for residential purposes. The screening shall be placed so the required perimeter landscape area is located between the fence/wall and the development. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

15.All buildings or additions shall provide landscape screening and/or berming adjacent to all side yards abutting property zoned for residential purposes. The landscaping shall be placed so that it is located between the property line and any parking or pavement areas. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

16.Landscaping utilized as screening around ground or building mounted equipment are subject to planting specifications and maintenance requirements outlined in this section.

Minimum Plant Specifications - Required landscaping as outlined in this Article shall be installed at the minimum planting specifications listed as follows:

Category Specifications

2½- to 3-inch caliper measured 6 inches above ground (the minimum Deciduous shade size of newly installed street trees may be reduced to two (2) inch trees caliper)

Evergreen trees 6 to 8 feet in height

Small deciduous or 1- to 1½-inch caliper measured 6 inches above ground. For multi-trunk ornamental trees clusters (3 or more trunks) the smallest trunk shall be ¾ inch.

24-inch-high plant size. Spacing from 3 to 5 feet apart depending upon Deciduous and species. Native plants should use the largest size available in the Evergreen Shrubs area. The seed stock for native plants shall be grown within a 200-mile radius of the job site.

Ground cover Ground cover shall be planted in a number as appropriate by species plants to provide 50 percent surface coverage.

Landscape Buffers. Landscape buffering is required along all lot lines of abutting uses and varies depending upon adjacent zoning district. In addition to the below criteria, see table 4-7 Landscape Buffer Requirements in the C-1 – General Commercial District for minimum landscape buffer requirements.

1.The required perimeter landscape area shall be located outside of any required fenced area of the development between the fence and the street.

2.The buffer may be included in the required yard or building setback.

3.Parking is permitted within the building setback but not within the minimum width of the buffer.

4.The buffer requirements may be reduced where a buffer exists on an abutting property, and the net buffer satisfies the minimum buffer requirements of this section.

5.The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer which meet the requirements of this subsection.

6.A double row of evergreen trees may be substituted for a screening wall but may not be counted toward minimum requirements for trees, shrubs, and ornamental grasses.

Table 4-7 Landscape Buffer Requirements in the C-1 – General Commercial District

Adjacent Minimum Buffer Deciduous Ornamental Evergreen Shrubs and Additional Zoning Width Shade Trees per Trees per Ornamental Features or Land Trees per 100 Linear 100 Grasses Use 100 Linear Feet Linear per 100 Feet Feet Linear Feet Adjacent 2 lane/4 lane 1 1 1 15 Clustering of to Public Undivided – 10’ trees shall be Right of 4 Lane Divided – allowed & Way or 15’ encouraged Private 6 Lane Divided – to create a Street 20’ more natural appearing environment. A-G 10’ 1 1 1 20 None R-1, R-2, Front – 10’ 2 1 2 35 6’ Berm R-3, Side – 10’ MHP Rear – 10’ C-D N/A N/A N/A N/A N/A None C-O, C-1, Front – 10’ 1 1 1 20 None C-2 Side – 10’ Rear – 10’ C3, 10 3 3 3 35 C4 Front – 10’ 2 3 2 35 None Side – 10’ Rear – N/A B-P, L-P 25’ 4 2 3 40 9’ Wall and Berm Combination IG, IH 40’ 5 4 5 50 11’ Wall and Berm Combination

Building Façade/Foundation Landscaping - Landscaping and planting areas provide a buffer between the parking lot or drives and building walls or pedestrian circulation. Landscape areas may be placed adjacent to the building wall or adjacent to the curb to coordinate with building overhangs and canopies, if any.

1.Building landscaping is encouraged to include a variety of shrubs, ornamental trees and/or shade trees. Any trees used should accommodate pedestrian circulation.

2.Along any building façade or foundation that fronts upon a public right-of-way or a parking lot provided for the building, landscape areas shall be provided equivalent to a minimum of twenty-five (25) percent of each building façade or foundation. The landscape area may be a continuous area or comprised of several areas. Applicant shall provide calculations to show coverage area.

3.Building façades along service areas are excluded, unless the service area fronts upon a public right-of-way or common access drive.

4.Landscape areas may be placed adjacent to the building wall or adjacent to the curb, with walkways, overhangs or canopies between the landscape area and building wall. Landscape areas shall generally not be placed under overhangs and canopies.

5.Each landscape area shall be planted with shrubs capable of reaching three (3) feet in height above the adjacent parking area or drive, covering a minimum of seventy-five (75) percent of the length of the landscape area.

6.A mixture of evergreen and deciduous shrubs shall be used to maintain seasonal interest.

7.Ornamental trees (where appropriate), or shade trees should be included in the landscape design to further buffer the building façade from the drives and parking lot areas. In areas where pedestrian circulation is anticipated, trees with a branching habit conducive to walking under shall be used. For example, Pin Oaks are not acceptable due to their descending branching habit.

8.Appropriate plant species should be installed so that mature tree limbs can be maintained at a minimum eight (8) foot clearance from ground level and so that shrubs do not exceed two and one-half (2½) feet in height for areas where it is important to maintain visibility for security and safety purposes.

9.Berms may be incorporated in the landscape areas if positive drainage from the building is provided.

10.Planting areas shall have a minimum width of either six (6) feet or the equivalent of twenty (20) percent of the building façade height as measured from the ground elevation to the top of the wall or parapet, whichever is greater. Applicant shall provide calculations.

11.Building façade and foundation landscape areas shall be irrigated.

Parking Islands - Parking islands shall include landscaping which at a minimum includes 1 (one) deciduous tree and 3 (three) shrubs. Parking island landscaping shall have the same maintenance requirements as all other landscape areas.

Turf - Turf shall be used when necessary to provide coverage and soil stabilization. Seeding may be approved in lieu of turf at the time of Final Site Plan approval by the Planning Commission.

Native Vegetation, Drought Resistance/Xeriscape and Irrigation - Native vegetation and drought resistant plant material shall be used wherever possible. If native vegetation or drought resistant plant materials are not used then an irrigation system shall be installed to provide water during a three (3) year establishment period.

Maintenance - The developer, its successor and/or subsequent owners and their agents shall maintain landscaping on the property on a continuing basis for the life of the development.

1.Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced.

2.All landscaping is subject to periodic inspection by the Zoning Administrator or designee. The property owner shall maintain landscape areas in good condition and in a way that presents a healthy, neat and orderly appearance. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, in accordance with acceptable horticultural practices.

3.The City may require the removal of any dead or diseased trees, plants and shrubs on private property within the City, when those trees, plants and shrubs constitute a hazard to life and/or property or harbor insects or disease which constitutes a potential threat to other trees, plants or shrubs within the City. If the Zoning Administrator determines that removal of any diseased tree, plant or shrub is necessary, the property owner shall receive written notice of the required maintenance or removal.

A.Purpose. The C-2 district is composed of certain uses that require extensive lot frontages, large scale multi-tenant retail centers, promote heavy traffic generation, and have the potential for extended hours of operation. Operations must be wholly contained within the building except where permitted in the District Regulations.

B.Use Restrictions. In the C-2 district, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for those listed as permitted or conditional uses as noted in sections C and D following.

C.Permitted Uses.

1.All uses permitted by right or condition in the C-1 District except for churches and places of worship.

2.Automotive service/maintenance centers, all operations fully contained.

3.Car/Truck wash, fully enclosed.

4.Discount Department Store, indoor operations only.

5.Fuel Stations with fully enclosed car/truck wash operations.

6.Grocery stores.

7.Motels/hotels with meeting facilities.

8.Truck stops/travel plazas.

9.Vehicle showroom, indoor display only.

D.Uses Permitted by Condition (Conditional Uses). The following uses may be permitted with a conditional use permit obtained pursuant to the provisions of Article 7 of the Unified Development Code.

1.Churches or places of worship.

2.Interstate Pole Sign.

3.Wireless facilities.

4.Wireless support structures.

5.Adult entertainment – sexually oriented businesses.

E.Setback, Yard and Area Regulations

Table 4-8 - Setbacks, Yards, and Area for C-2 Zoning District Maximum Front Yard Setback Side Yard Setback Rear Yard Setback Building Height

A twenty-five (25) foot No side yard is required except: All buildings in the C-2 No building in front yard setback shall district must maintain a the C-2 district be required. - When a side lot line abuts a residential twenty-five (25) foot rear shall be property, a twenty (20) foot side yard setback is yard setback from the constructed to a required. building wall and/or height greater mechanical equipment than three (3) - In areas where there are no adjacent used to service the stories.

commercial uses, all commercial buildings must premise. maintain a 16’ wall-to-wall separation.

No building shall be placed - When located on a corner lot, a fifteen (15) foot closer than three (3 feet) to side yard setback is required on the side street a dedicated utility, service, or travel easement.

F.District Regulations.

1.No merchandise or equipment shall be stored or displayed outside a building. However, the Zoning Administrator may issue a Temporary Sales Permit for outdoor displays and sales of merchandise up to four times a year with a limit of seven days per each sales permit issuance. Permit periods may run in succession.

2.A Seasonal Outdoor Storage Permit may be issued annually to businesses who wish to conduct onsite seasonal sales of landscaping equipment and supplies, and seasonal materials. Administrative approval for a Seasonal Outdoor Storage Permit is granted by the Zoning Administrator upon the submission of a permit application which includes, but is not limited to, parking regulations, time parameters (hours of operation and duration of display), signage, pedestrian traffic flow, lighting requirements, security, maintenance of merchandise and fencing. Seasonal Outdoor Storage areas must be indicated on Site Plan. See Article 10 for further information.

3.All building composed of stone, brick, wood, custom siding, tile or a combination of these materials.

4.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut residential property.

5.Building tones and color shall be in keeping with the general appearance of the adjacent properties.

G.Design Guidelines.

Building Materials - Building material standards are required to ensure appropriate quality and visually appealing building design. Permitted high quality building materials for the primary (front) and secondary (sides and rear) building façades shall be selected from Table 4-9 below according to the percentage specified for each façade and material type. Applicant must provide percentage calculations for each material type. Fuel Stations, Convenience Stores and/or Drive-Throughs have additional Design Guidelines. See section 4.7 “Fuel Stations, Convenience Stores and/or Drive-Throughs (Permitted Use in Districts Zoned C1, C2, and C3 only)” for additional requirements.

Table 4-9 – C-2 District Permitted Building Materials by Materials Category

Materials Category 1 Materials Category 2 Primary - 70% (must Primary - 30% include 20% Secondary - 40% transparent glass) Secondary - 60% Masonry Brick, solid ✔ ✔ Brick, modular ✔ ✔ Brick, panel/veneer ✔ Stone, modular ✔ ✔ Stone, veneer ✔ ✔ Stone, synthetic ✔ ✔ Stucco, genuine, detailed ✔ ✔ Stucco, synthetic/panels ✔ Concrete, plain finish ✔ Concrete, detailed ✔ ✔ Concrete Masonry Unit, split ✔ faced Concrete Masonry Unit, ✔ ✔ burnished Cement fiber board ✔ Glass & Tile Clear Glass ✔ ✔ Architectural panels ✔ ✔ Architectural block ✔ Mirror glass ✔ ✔ Opaque glass ✔ ✔ Tile ✔ ✔ Wood Other Synthetics

Materials Category 1 Materials Category 2 Primary - 70% (must Primary - 30% include 20% Secondary - 40% transparent glass)

Secondary - 60%

Synthetic stucco/EIFS (detail ✔ only)

Awnings - If awnings are used as a design element, see Awnings and Fencing details in Section 4.6 at the end of this Article related to awning design guidelines.

Fencing – If fencing is used, see Awnings and Fencing details in Section 4.6 at the end of this Article related to fencing design guidelines.

Roofing - Mansard and other visibly sloped roofs for commercial or mixed uses shall consist of tile, slate, standing seam metal, or textured metal that resembles asphalt or tile. Metal, asphalt or composition shingle, or other materials with a synthetic or plastic appearance are not allowed.

Gutters and Downspouts

1.The location and design of exposed gutters and downspouts shall be identified on building elevations submitted for approval.

2.Exposed gutters and downspouts that are located on the primary façades of nonresidential structures shall meet the following criteria:

a.Downspouts are to be incorporated as part of a column, an architectural design element or encased within a column.

b.Exposed downspouts must be designed by the architect as decorative architectural elements that are an integral component of the building design and coordinated with vertical elements such as towers, columns, or pilasters; or located only at interior corners of the building and painted to match or coordinate with the façade in order to minimize their appearance.

c.Exposed gutters and downspouts shall be constructed of high-quality, commercial-grade metal.

d.Exposed gutters are prohibited for use with flat roofs. Rooftop Screening. All applications for preliminary or final development plan approval shall include information regarding anticipated rooftop equipment, including mechanical units, vents, pipes, and other appurtenances. Such equipment shall be indicated on building elevations where the size and location of such equipment is known, and any anticipated equipment or equipment locations not yet determined shall be described in the notes on the building elevations along with the estimated maximum dimensions of such equipment and the intended methods of screening.

1.All rooftop equipment shall be screened from public view with an architectural treatment which is compatible with the building architecture and integral to the overall appearance of the building. An example includes a parapet wall that includes the same building materials as the lower levels of the building façade.

2.For purposes of this Article, the phrase “architectural treatment compatible with the building architecture” does not include painted or prefinished rooftop equipment.

3.For rooftop equipment not adequately screened by the parapet, a supplementary screen shall be provided by the use of prefinished architectural metal panels, stucco panels, masonry walls, or similar building materials.

4.The height of the screen shall be no lower than the height of the equipment.

5.Screening shall not interfere with Fire Department access to the roof.

6.In the event that any rooftop equipment has not yet been determined at the time of final development plan approval, or changes are made to rooftop equipment after the final development plan is approved, the applicant must provide suitable screening to meet the above criteria, subject to review and approval by the Zoning Administrator.

Ground or Building Mounted Equipment. Exterior ground-mounted or building-mounted equipment including, but not limited to, mechanical equipment, utilities’ meter banks and coolers shall be screened from public view with three (3) sided landscaping or with an architectural treatment compatible with the building architecture. Utility structures shall be located on the interior façade of the building, away from arterial or collector streets, and when possible, recessed into the wall of the structure. Utility structures shall not be placed along collector or arterial streets except when approved by the City. Utility structures shall be located behind the sidewalk and are subject to approval by the City Engineer. When requested within public right-of-way a landscaping plan shall be required with the right-of-way permit. Landscaping selected for screening shall be provided for on three (3) sides of the structure and shield the structure from public view.

Horizontal and Vertical Articulation. All buildings must incorporate horizontal and vertical primary façade articulation to divide building mass into human scale modules.

1.Horizontal Articulation: One or more of the following horizontal articulation tools must be used a minimum of every 75 feet of linear façade width:

a.Wall offset – a horizontal wall plane offset of at least 4 feet extending for the full height of the façade;

b.Wall notch – a setback or notch in the wall plane at least 4 feet deep and 8 feet wide for the full height of the façade.

2.Vertical Articulation. One or more of the following vertical articulation tools must be used a minimum of every 75 feet of linear façade width:

a.Variation in Height as viewed from the street – A variation in building or parapet height of at least 2 feet (or 4 feet for buildings greater than two stories in height).

b.Variations in Roof Form - Use of more than one roof form to express different building modules

Focal Point Elements. All buildings must incorporate focal point design elements to help define the character of the structure. Select one or more of the following focal point design elements:

1.Tower or Raised Parapet Element - Towers or raised roof parapets that produce variations in building height of at least 4 feet and project at least 1 foot from the front and rear of the primary façade plane.

2.Cap Element - A design element projecting above the roofline and incorporating clerestory windows or other transparent areas.

3.Pitched Roof Elements - A design element incorporating a pitched roof or gable roof end.

H.Site Plan Approval.

1.All development proposals in the C-2 Heavy Service Commercial District shall be subject to approval of a site plan in accordance with Article 10.

2.If application is made for a building permit for a building or structure, that does not require site plan approval and whose architectural style or exterior materials in the opinion of the Zoning Administrator varies substantially from such style and materials that have been used previously on said building or is not of the quality acceptable by the Zoning Administrator, the plans for such building or structure shall be submitted to the Planning Commission for site plan approval in accordance with Article 10.

I.Parking and Loading. See Article 16 for Parking and Loading Regulations.

J.Signs. See Article 12 for Sign Regulations.

K.Landscaping. All land area subject to a Final Site Plan and issued a building permit, which is not paved or covered by buildings, shall be brought to finished grade and planted with turf, native grasses, or other appropriate ground covers. Trees, shrubs and other landscaping materials depicted on the approved Final Site Plan are considered site improvements in the same manner as parking, building materials and other details. If landscaping is not installed, maintained and replaced as needed to comply with the approved plan and/or building permit plans, the owner and its agent or agents are considered in violation of the terms of the certificate of occupancy and in violation of the Unified Development Code.

The following conditions apply to all landscaping within the C-2 Heavy Service Commercial District:

1.Landscape design and species shall be used to create visual continuity throughout the development with landscape coordination occurring among all phases of the development area.

2.A variety of different species (including both deciduous and evergreen species) shall be incorporated into the site design to provide visual interest, as well as disease and pest resistance. At least one-third (⅓) of the plantings shall be evergreen species.

3.Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

4.Earthen berms and existing topography shall, whenever practical, be incorporated into the landscape treatment of a site.

5.Required landscape plantings shall be coordinated with the location of utilities, driveways and traffic sight distance triangle areas.

6.Trees shall not be placed within public utility easements, but within adjacent areas that do not conflict with such public easements and meet site landscaping requirements.

7.Planting design shall coordinate the locations of trees to allow access to utilities with minimal disruption to the trees and their supporting root systems, while avoiding increased service costs to the utilities.

8.The Zoning Administrator may approve exceptions to the location and spacing of trees to accommodate the location of public utilities.

9.Any area of a site not intended for a specific use, including a commercial pad site intended for future development, shall be seeded unless retained in its natural state. In all cases the site shall be maintained.

10.Vegetative stabilization and management techniques shall be used at a site after construction is completed. The applicant shall protect disturbed areas from any unnecessary run-on of stormwater from adjacent sites.

11.Selected species should be adaptable to the climate and growing conditions of northeastern Kansas and not an invasive species.

12.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut a residential property.

13.Prohibited plants include those that are invasive or potentially damaging to streets, sidewalks, utilities, drainage improvements, and foundations.

14.All buildings or additions shall provide a solid screen fence or wall at least six (6) feet in height adjacent to all rear yards abutting property zoned for residential purposes. The screening shall be placed so the required perimeter landscape area is located between the fence/wall and the development. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

15.All buildings or additions shall provide landscape screening and/or berming adjacent to all side yards abutting property zoned for residential purposes. The landscaping shall be placed so that it is located between the property line and any parking or pavement areas. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

16.Landscaping utilized as screening around ground or building mounted equipment are subject to planting specifications and maintenance requirements outlined in this section.

Minimum Plant Specifications - Required landscaping as outlined in this Article shall be installed at the minimum planting specifications listed as follows:

Category Specifications

2½- to 3-inch caliper measured 6 inches above ground (the minimum Deciduous shade size of newly installed street trees may be reduced to two (2) inch trees caliper)

Evergreen trees 6 to 8 feet in height Category Specifications

Small deciduous or 1- to 1½-inch caliper measured 6 inches above ground. For multi-trunk ornamental trees clusters (3 or more trunks) the smallest trunk shall be ¾ inch.

24-inch-high plant size. Spacing from 3 to 5 feet apart depending upon Deciduous and species. Native plants should use the largest size available in the Evergreen Shrubs area. The seed stock for native plants shall be grown within a 200-mile radius of the job site.

Ground cover Ground cover shall be planted in a number as appropriate by species plants to provide 50 percent surface coverage.

Landscape Buffers. Landscape buffering is required along all lot lines of abutting uses and varies depending upon adjacent zoning district. In addition to the below criteria, see table 4-7 Landscape Buffer Requirements in the C2 – Heavy Service Commercial District for minimum landscape buffer requirements.

1.The required perimeter landscape area shall be located outside of any required fenced area of the development between the fence and the street.

2.The buffer may be included in the required yard or building setback.

3.Parking is permitted within the building setback but not within the minimum width of the buffer.

4.The buffer requirements may be reduced where a buffer exists on an abutting property, and the net buffer satisfies the minimum buffer requirements of this section.

5.The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer which meet the requirements of this subsection.

6.A double row of evergreen trees may be substituted for a screening wall but may not be counted toward minimum requirements for trees, shrubs, and ornamental grasses.

Table 4-10 Landscape Buffer Requirements in the C-2 – Heavy Service Commercial District

Adjacent Minimum Deciduous Ornamental Evergreen Shrubs and Additional Zoning Buffer Shade Trees per Trees per Ornamental Features Width Trees per 100 Linear 100 Grasses 100 Linear Feet Linear per 100 Feet Feet Linear Feet Adjacent 2 lane/4 1 1 1 15 Clustering of to Public lane trees shall Right of Undivided – be allowed & Way or 10’ encouraged Private 4 Lane to create a Street Divided – more natural 15’ appearing 6 Lane environment.

Divided – 20’

Adjacent Minimum Deciduous Ornamental Evergreen Shrubs and Additional Zoning Buffer Shade Trees per Trees per Ornamental Features Width Trees per 100 Linear 100 Grasses 100 Linear Feet Linear per 100 Feet Feet Linear Feet A-G 10 1 1 1 20 None R-1, R-2, Front – 10’ 2 1 2 35 6’ Berm R-3, MHP Side – 10’ Rear – 10’ C-D N/A N/A N/A N/A N/A None C-O, C-1, Front – 10’ 1 1 1 20 None C-2 Side – 10’ Rear – 10’ C3, 10 3 3 3 35 C4 Front – 10’ 2 3 2 35 None Side – 10’ Rear – N/A B-P, L-P 25 4 2 3 40 9’ Wall and Berm Combination IG, IH 40 5 4 5 50 11’ Wall and Berm Combination

Building Façade/Foundation Landscaping - Landscaping and planting areas provide a buffer between the parking lot or drives and building walls or pedestrian circulation. Landscape areas may be placed adjacent to the building wall or adjacent to the curb to coordinate with building overhangs and canopies, if any.

1.Building landscaping is encouraged to include a variety of shrubs, ornamental trees and/or shade trees. Any trees used should accommodate pedestrian circulation.

2.Along any building façade or foundation that fronts upon a public right-of-way or a parking lot provided for the building, landscape areas shall be provided equivalent to a minimum of twenty-five (25) percent of each building façade or foundation. The landscape area may be a continuous area or comprised of several areas. Applicant shall provide calculations to show coverage area.

3.Building façades along service areas are excluded, unless the service area fronts upon a public right-of-way or common access drive.

4.Landscape areas may be placed adjacent to the building wall or adjacent to the curb, with walkways, overhangs or canopies between the landscape area and building wall. Landscape areas shall generally not be placed under overhangs and canopies.

5.Each landscape area shall be planted with shrubs capable of reaching three (3) feet in height above the adjacent parking area or drive, covering a minimum of seventy-five (75) percent of the length of the landscape area.

6.A mixture of evergreen and deciduous shrubs shall be used to maintain seasonal interest.

7.Ornamental trees (where appropriate), or shade trees should be included in the landscape design to further buffer the building façade from the drives and parking lot areas. In areas where pedestrian circulation is anticipated, trees with a branching habit conducive to walking under shall be used. For example, Pin Oaks are not acceptable due to their descending branching habit.

8.Appropriate plant species should be installed so that mature tree limbs can be maintained at a minimum eight (8) foot clearance from ground level and so that shrubs do not exceed two and one-half (2½) feet in height for areas where it is important to maintain visibility for security and safety purposes.

9.Berms may be incorporated in the landscape areas if positive drainage from the building is provided.

10.Planting areas shall have a minimum width of either six (6) feet or the equivalent of twenty (20) percent of the building façade height as measured from the ground elevation to the top of the wall or parapet, whichever is greater. Applicant shall provide calculations.

11.Building façade and foundation landscape areas shall be irrigated.

Parking Islands - Parking islands shall include landscaping which at a minimum includes 1 (one) deciduous tree and 3 (three) shrubs. Parking island landscaping shall have the same maintenance requirements as all other landscape areas.

Turf - Turf shall be used when necessary to provide coverage and soil stabilization. Seeding may be approved in lieu of turf at the time of Final Site Plan approval by the Planning Commission.

Native Vegetation, Drought Resistance/Xeriscape and Irrigation - Native vegetation and drought resistant plant material shall be used wherever possible. If native vegetation or drought resistant plant materials are used then an irrigation system shall be installed to provide water during a three (3) year establishment period.

Maintenance - The developer, its successor and/or subsequent owners and their agents shall maintain landscaping on the property on a continuing basis for the life of the development.

1.Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced.

2.All landscaping is subject to periodic inspection by the Zoning Administrator or designee. The property owner shall maintain landscape areas in good condition and in a way that presents a healthy, neat and orderly appearance. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, in accordance with acceptable horticultural practices.

3.The City may require the removal of any dead or diseased trees, plants and shrubs on private property within the City, when those trees, plants and shrubs constitute a hazard to life and/or property or harbor insects or disease which constitutes a potential threat to other trees, plants or shrubs within the City. If the Zoning Administrator determines that removal of any diseased tree, plant or shrub is necessary, the property owner shall receive written notice of the required maintenance or removal.

A.Purpose. This district is designed to provide commercial locations for uses which serve as a convenience to the travelling public, require a large lot, or require a location on a highway or arterial street in order to have an efficient operation. It is further intended that each use be of a single-purpose character and not be of a nature in which people walk from store to store as in a nucleated or strip center.

B.Use Restrictions. In District C-3, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for those listed as permitted or conditional uses as noted in sections C and D following.

C.Permitted Uses.

1.Agricultural implement sales, rental and service; new and used.

2.Bus passenger station.

3.Car/Truck Wash with self-service stations.

4.Churches and places of worship.

5.Commercial truck sales and service, new and used.

6.Construction and farm equipment sales, rental and service; new and used.

7.Discount department store.

8.Farm & home stores.

9.Garden center.

10.Home improvement center.

11.Lumber yards.

12.Manufactured home sales.

13.Motor vehicle sales, rental and service; new and used; includes body shops.

14.Trailer sales, rental and service; new and used.

15.Any commercial use that is similar to those uses listed, meets the intent and purpose of this district and is keeping with the general character of the district.

D.Uses Permitted by Condition (Conditional Uses). The following uses may be permitted with a Conditional Use Permit obtained pursuant to the provisions of Article 7 of the Unified Development Code.

1.Wireless facilities.

2.Wireless support structures.

3.Campgrounds

4.Churches and places of worship

5.Outdoor amusement establishments such as miniature golf, driving ranges, pitch and put courses amusement parks and other similar establishments.

6.Interstate Pole signs.

7.Motor vehicle repair, general.

8.Outdoor display and sales of merchandise and equipment.

E.Setback, Yard and Area Regulations

Table 4-11 - Setbacks, Yards, and Area for C-3 Zoning District Maximum Building Front Yard Setback Side Yard Setback Rear Yard Setback Height

A twenty-five (25) foot No side yard is required, All buildings in the C-3 No building in the front yard setback is except: district must maintain a C-3 district shall required. twenty-five (25) foot rear be constructed to - When a side lot line abuts yard setback from the a height greater a residential property, a building wall and/or than thirty-five (35) twenty (20) foot side yard mechanical equipment feet. setback is required; used to service the premise. -On a corner lot, a side yard setback of 15 feet is No building shall be required adjacent to the placed closer than three side street. (3 feet) to a dedicated

utility, service, or travel easement.

F.District Regulations.

1.No merchandise or equipment shall be stored or displayed outside a building. However, the Zoning Administrator may issue a Temporary Sales Permit for outdoor displays and sales of merchandise up to four times a year with a limit of seven days per each sales permit issuance. Permit periods may run in succession.

2.A Seasonal Outdoor Storage Permit may be issued annually to businesses who wish to conduct onsite seasonal sales of landscaping equipment and supplies, and seasonal materials. Administrative approval for a Seasonal Outdoor Storage Permit is granted by the Zoning Administrator upon the submission of a permit application which includes, but is not limited to, parking regulations, time parameters (hours of operation and duration of display), signage, pedestrian traffic flow, lighting requirements, security, maintenance of merchandise and fencing. Seasonal Outdoor Storage areas must be indicated on Site Plan. See Article 10 for further information.

3.Permanent outdoor storage areas, attached to the main structure and enclosed with screening or fencing, may be allowed if the enclosure meets aesthetic guidelines. Permanent outdoor storage areas must be indicated on the Site Plan. See Article 10 for further information.

4.All building elevations shall be composed of stone, brick, wood, custom siding, tile or a combination of these materials.

5.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut an area zoned or planned for residential zoning and public right of way.

6.Building tones and color shall be in keeping with the general appearance of the adjacent properties.

G.Design Guidelines

Building Materials - Building material standards are required to ensure appropriate quality and visually appealing building design. Permitted high quality building materials for the primary (front) and secondary (sides and rear) building façades shall be selected from Table 4-12 below according to the percentage specified for each façade and material type. Applicant must provide percentage calculations for each material type. Fuel Stations, Convenience Stores and/or Drive-Throughs have additional Design Guidelines. See section 4.7 “Fuel Stations, Convenience Stores and/or Drive-Throughs (Permitted Use in Districts Zoned C1, C2, and C3 only)” for additional requirements.

Table 4-12 – C-3 District Permitted Building Materials by Materials Category

Materials Category 1 Materials Category 2 Primary - 70% (must Primary - 30% include 20% Secondary - 40% transparent glass) Secondary - 60% Masonry Brick, solid ✔ ✔ Brick, modular ✔ ✔ Brick, panel/veneer ✔ Stone, modular ✔ ✔ Stone, veneer ✔ ✔ Stone, synthetic ✔ ✔ Stucco, genuine, detailed ✔ ✔ Stucco, synthetic/panels ✔ Concrete, plain finish ✔ Concrete, detailed ✔ ✔ Concrete Masonry Unit, split ✔ faced Concrete Masonry Unit, ✔ ✔ burnished Cement fiber board ✔ Glass Clear Glass ✔ ✔ Architectural panels ✔ ✔ Architectural block ✔

Materials Category 1 Materials Category 2 Primary - 70% (must Primary - 30% include 20% Secondary - 40%

transparent glass) Secondary - 60% Mirror glass ✔ ✔ Opaque glass ✔ ✔ Wood ✔

Other Synthetics

Synthetic stucco/EIFS (detail ✔ only)

Awnings - If awnings are used as a design element, see Awnings and Fencing details in Section 4.6 at the end of this Article related to awning design guidelines.

Fencing – If fencing is used, see Awnings and Fencing details in Section 4.6 at the end of this Article related to fencing design guidelines.

Roofing - Mansard and other visibly sloped roofs for commercial or mixed uses shall consist of tile, slate, standing seam metal, or textured metal that resembles asphalt or tile. Metal, asphalt or composition shingle, or other materials with a synthetic or plastic appearance are not allowed.

Gutters and Downspouts

1.The location and design of exposed gutters and downspouts shall be identified on building elevations submitted for approval.

2.Exposed gutters and downspouts that are located on the primary façades of nonresidential structures shall meet the following criteria:

a.Downspouts are to be incorporated as part of a column, an architectural design element or encased within a column.

b.Exposed downspouts must be designed by the architect as decorative architectural elements that are an integral component of the building design and coordinated with vertical elements such as towers, columns, or pilasters; or located only at interior corners of the building and painted to match or coordinate with the façade in order to minimize their appearance.

c.Exposed gutters and downspouts shall be constructed of high-quality, commercial-grade metal.

d.Exposed gutters are prohibited for use with flat roofs. Rooftop Screening. All applications for preliminary or final development plan approval shall include information regarding anticipated rooftop equipment, including mechanical units, vents, pipes, and other appurtenances. Such equipment shall be indicated on building elevations where the size and location of such equipment is known, and any anticipated equipment or equipment locations not yet determined shall be described in the notes on the building elevations along with the estimated maximum dimensions of such equipment and the intended methods of screening.

1.All rooftop equipment shall be screened from public view with an architectural treatment which is compatible with the building architecture and integral to the overall appearance of the building. An example includes a parapet wall that includes the same building materials as the lower levels of the building façade.

2.For purposes of this Article, the phrase “architectural treatment compatible with the building architecture” does not include painted or prefinished rooftop equipment.

3.For rooftop equipment not adequately screened by the parapet, a supplementary screen shall be provided by the use of prefinished architectural metal panels, stucco panels, masonry walls, or similar building materials.

4.The height of the screen shall be no lower than the height of the equipment.

5.Screening shall not interfere with Fire Department access to the roof.

6.In the event that any rooftop equipment has not yet been determined at the time of final development plan approval, or changes are made to rooftop equipment after the final development plan is approved, the applicant must provide suitable screening to meet the above criteria, subject to review and approval by the Zoning Administrator.

Ground or Building Mounted Equipment. Exterior ground-mounted or building-mounted equipment including, but not limited to, mechanical equipment, utilities’ meter banks and coolers shall be screened from public view with three (3) sided landscaping or with an architectural treatment compatible with the building architecture. Utility structures shall be located on the interior façade of the building, away from arterial or collector streets, and when possible, recessed into the wall of the structure. Utility structures shall not be placed along collector or arterial streets except when approved by the City. Utility structures shall be located behind the sidewalk and are subject to approval by the City Engineer. When requested within public right-of-way a landscaping plan shall be required with the right-of-way permit. Landscaping selected for screening shall be provided for on three (3) sides of the structure and shield the structure from public view.

Horizontal and Vertical Articulation. All buildings must incorporate horizontal and vertical primary façade articulation to divide building mass into human scale modules.

1.Horizontal Articulation: One or more of the following horizontal articulation tools must be used a minimum of every 75 feet of linear façade width:

a.Wall offset – a horizontal wall plane offset of at least 4 feet extending for the full height of the façade;

b.Wall notch – a setback or notch in the wall plane at least 4 feet deep and 8 feet wide for the full height of the façade.

2.Vertical Articulation. One or more of the following vertical articulation tools must be used a minimum of every 75 feet of linear façade width:

a.Variation in Height as viewed from the street – A variation in building or parapet height of at least 2 feet (or 4 feet for buildings greater than two stories in height).

b.Variations in Roof Form - Use of more than one roof form to express different building modules

Focal Point Elements. All buildings must incorporate focal point design elements to help define the character of the structure. Select one or more of the following focal point design elements:

1.Tower or Raised Parapet Element - Towers or raised roof parapets that produce variations in building height of at least 4 feet and project at least 1 foot from the front and rear of the primary façade plane.

2.Cap Element - A design element projecting above the roofline and incorporating clerestory windows or other transparent areas.

3.Pitched Roof Elements - A design element incorporating a pitched roof or gable roof end.

H.Site Plan Approval.

1.See Article 10 for site plan approval requirements.

2.If application is made for a building permit for a building or structure that does not require site plan approval and whose architectural style or exterior materials in the opinion of the Zoning Administrator varies substantially from such style and materials which have been used previously on said building or is not of the quality desired by the Zoning Administrator, the plans for such building or structure shall be submitted to the Planning Commission for site plan approval in accordance with Article 10.

I.Parking and Loading. See Article 16 for Parking and Loading Regulations.

J.Signs. See article 12 for Sign Regulations.

K.Landscaping. All land area subject to a Final Site Plan and issued a building permit, which is not paved or covered by buildings, shall be brought to finished grade and planted with turf, native grasses, or other appropriate ground covers. Trees, shrubs and other landscaping materials depicted on the approved Final Site Plan are considered site improvements in the same manner as parking, building materials and other details. If landscaping is not installed, maintained and replaced as needed to comply with the approved plan and/or building permit plans, the owner and its agent or agents are considered in violation of the terms of the certificate of occupancy and in violation of the Unified Development Code.

The following conditions apply to all landscaping within the C-3 Highway Service Commercial District:

1.Landscape design and species shall be used to create visual continuity throughout the development with landscape coordination occurring among all phases of the development area.

2.A variety of different species (including both deciduous and evergreen species) shall be incorporated into the site design to provide visual interest, as well as disease and pest resistance. At least one-third (⅓) of the plantings shall be evergreen species.

3.Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

4.Earthen berms and existing topography shall, whenever practical, be incorporated into the landscape treatment of a site.

5.Required landscape plantings shall be coordinated with the location of utilities, driveways and traffic sight distance triangle areas.

6.Trees shall not be placed within public utility easements, but within adjacent areas that do not conflict with such public easements and meet site landscaping requirements.

7.Planting design shall coordinate the locations of trees to allow access to utilities with minimal disruption to the trees and their supporting root systems, while avoiding increased service costs to the utilities.

8.The Zoning Administrator may approve exceptions to the location and spacing of trees to accommodate the location of public utilities.

9.Any area of a site not intended for a specific use, including a commercial pad site intended for future development, shall be seeded unless retained in its natural state. In all cases the site shall be maintained.

10.Vegetative stabilization and management techniques shall be used at a site after construction is completed. The applicant shall protect disturbed areas from any unnecessary run-on of stormwater from adjacent sites.

11.Selected species should be adaptable to the climate and growing conditions of northeastern Kansas and not an invasive species.

12.Landscaping materials, open space buffering, and/or screening materials are required for all buildings that abut a residential property.

13.Prohibited plants include those that are invasive or potentially damaging to streets, sidewalks, utilities, drainage improvements, and foundations.

14.All buildings or additions shall provide a solid screen fence or wall at least six (6) feet in height adjacent to all rear yards abutting property zoned for residential purposes. The screening shall be placed so the required perimeter landscape area is located between the fence/wall and the development. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

15.All buildings or additions shall provide landscape screening and/or berming adjacent to all side yards abutting property zoned for residential purposes. The landscaping shall be placed so that it is located between the property line and any parking or pavement areas. The screening shall not be placed on property lines and shall not extend in front of the building line of adjacent dwellings. The screening is not required where similar screening exists on the abutting residential property or where a screened storage lot is provided.

16.Landscaping utilized as screening around ground or building mounted equipment are subject to planting specifications and maintenance requirements outlined in this section.

Minimum Plant Specifications - Required landscaping as outlined in this Article shall be installed at the minimum planting specifications listed as follows:

Category Specifications

2½- to 3-inch caliper measured 6 inches above ground (the minimum Deciduous shade size of newly installed street trees may be reduced to two (2) inch trees caliper)

Evergreen trees 6 to 8 feet in height Category Specifications

Small deciduous or 1- to 1½-inch caliper measured 6 inches above ground. For multi-trunk ornamental trees clusters (3 or more trunks) the smallest trunk shall be ¾ inch.

24-inch-high plant size. Spacing from 3 to 5 feet apart depending upon Deciduous and species. Native plants should use the largest size available in the Evergreen Shrubs area. The seed stock for native plants shall be grown within a 200-mile radius of the job site.

Ground cover Ground cover shall be planted in a number as appropriate by species plants to provide 50 percent surface coverage.

Landscape Buffers. Landscape buffering is required along all lot lines of abutting uses and varies depending upon adjacent zoning district. In addition to the below criteria, see table 4-7 Landscape Buffer Requirements in the C-3 – Highway Service Commercial District for minimum landscape buffer requirements.

1.The required perimeter landscape area shall be located outside of any required fenced area of the development between the fence and the street.

2.The buffer may be included in the required yard or building setback.

3.Parking is permitted within the building setback but not within the minimum width of the buffer.

4.The buffer requirements may be reduced where a buffer exists on an abutting property, and the net buffer satisfies the minimum buffer requirements of this section.

5.The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer which meet the requirements of this subsection.

6.A double row of evergreen trees may be substituted for a screening wall but may not be counted toward minimum requirements for trees, shrubs, and ornamental grasses.

Table 4-13 Landscape Buffer Requirements in the C-3 – Highway Service Commercial District

Adjacent Minimum Deciduous Ornamental Evergreen Shrubs and Additional Zoning Buffer Shade Trees per Trees per Ornamental Features Width Trees per 100 Linear 100 Grasses 100 Linear Feet Linear per 100 Feet Feet Linear Feet Adjacent 2 lane/4 1 1 1 15 Clustering of to Public lane trees shall Right of Undivided – be allowed & Way or 10’ encouraged Private 4 Lane to create a Street Divided – more natural 15’ appearing 6 Lane environment. Divided – 20’ A-G 10 1 1 1 20 None

Adjacent Minimum Deciduous Ornamental Evergreen Shrubs and Additional Zoning Buffer Shade Trees per Trees per Ornamental Features Width Trees per 100 Linear 100 Grasses 100 Linear Feet Linear per 100 Feet Feet Linear Feet R-1, R-2, Front – 10’ 2 1 2 35 6’ Berm R-3, MHP Side – 10’ Rear – 10’ C-D N/A N/A N/A N/A N/A None C-O, C-1, Front – 10’ 1 1 1 20 None C-2 Side – 10’ Rear – 10’ C3, 10 3 3 3 35 C4 Front – 10’ 2 3 2 35 None Side – 10’ Rear – N/A B-P, L-P 25 4 2 3 40 9’ Wall and Berm Combination IG, IH 40 5 4 5 50 11’ Wall and Berm Combination

Building Façade/Foundation Landscaping - Landscaping and planting areas provide a buffer between the parking lot or drives and building walls or pedestrian circulation. Landscape areas may be placed adjacent to the building wall or adjacent to the curb to coordinate with building overhangs and canopies, if any.

1.Building landscaping is encouraged to include a variety of shrubs, ornamental trees and/or shade trees. Any trees used should accommodate pedestrian circulation.

2.Along any building façade or foundation that fronts upon a public right-of-way or a parking lot provided for the building, landscape areas shall be provided equivalent to a minimum of twenty-five (25) percent of each building façade or foundation. The landscape area may be a continuous area or comprised of several areas. Applicant shall provide calculations to show coverage area.

3.Building façades along service areas are excluded, unless the service area fronts upon a public right-of-way or common access drive.

4.Landscape areas may be placed adjacent to the building wall or adjacent to the curb, with walkways, overhangs or canopies between the landscape area and building wall. Landscape areas shall generally not be placed under overhangs and canopies.

5.Each landscape area shall be planted with shrubs capable of reaching three (3) feet in height above the adjacent parking area or drive, covering a minimum of seventy-five (75) percent of the length of the landscape area.

6.A mixture of evergreen and deciduous shrubs shall be used to maintain seasonal interest.

7.Ornamental trees (where appropriate), or shade trees should be included in the landscape design to further buffer the building façade from the drives and parking lot areas. In areas where pedestrian circulation is anticipated, trees with a branching habit conducive to walking under shall be used. For example, Pin Oaks are not acceptable due to their descending branching habit.

8.Appropriate plant species should be installed so that mature tree limbs can be maintained at a minimum eight (8) foot clearance from ground level and so that shrubs do not exceed two and one-half (2½) feet in height for areas where it is important to maintain visibility for security and safety purposes.

9.Berms may be incorporated in the landscape areas if positive drainage from the building is provided.

10.Planting areas shall have a minimum width of either six (6) feet or the equivalent of twenty (20) percent of the building façade height as measured from the ground elevation to the top of the wall or parapet, whichever is greater. Applicant shall provide calculations.

11.Building façade and foundation landscape areas shall be irrigated.

Parking Islands - Parking islands shall include landscaping which at a minimum includes 1 (one) deciduous tree and 3 (three) shrubs. Parking island landscaping shall have the same maintenance requirements as all other landscape areas.

Turf - Turf shall be used when necessary to provide coverage and soil stabilization. Seeding may be approved in lieu of turf at the time of Final Site Plan approval by the Planning Commission.

Native Vegetation, Drought Resistance/Xeriscape and Irrigation - Native vegetation and drought resistant plant material shall be used wherever possible. If native vegetation or drought resistant plant materials are not used then an irrigation system shall be installed to provide water during a three (3) year establishment period.

Maintenance - The developer, its successor and/or subsequent owners and their agents shall maintain landscaping on the property on a continuing basis for the life of the development.

1.Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced.

2.All landscaping is subject to periodic inspection by the Zoning Administrator or designee. The property owner shall maintain landscape areas in good condition and in a way that presents a healthy, neat and orderly appearance. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, in accordance with acceptable horticultural practices.

3.The City may require the removal of any dead or diseased trees, plants and shrubs on private property within the City, when those trees, plants and shrubs constitute a hazard to life and/or property or harbor insects or disease which constitutes a potential threat to other trees, plants or shrubs within the City. If the Zoning Administrator determines that removal of any diseased tree, plant or shrub is necessary, the property owner shall receive written notice of the required maintenance or removal.

Awnings/Extended Awnings - Awnings and extended awnings can enhance the aesthetics of a business property, provide weather protection and serve as a business identification. The inclusion of awnings as a design feature is allowed when designed and installed in accordance with these regulations. An individual awning shall be designed to project over any one window or door opening and shall not be a single continuous feature extending over architectural piers or arches. An extended awning is designed to project over more than one window or door opening, or any combination thereof. Extended awnings may be attached to the building using either internal or external supports.

A.General Guidelines

1.For new developments, awnings or extended awnings should be included on the approved site plan and indicated on any building elevations.

2.For existing buildings, the addition of awnings or extended awnings must be reviewed by the Zoning Administrator to determine if the addition is appropriate and allowed by the UDC. This review may be done in conjunction with the Building Permit submission.

3.Awnings or extended awnings should have a pedestrian scale and be placed so as to provide weather protection and/or business identification to potential patrons of a business.

4.Awnings or extended awnings should be an enhancement to the building façade and should be of a proportional width and complimentary to nearby buildings, awnings, and extended awnings.

5.Awnings and extended awnings should be mounted in locations that respect the design of the building and do not obscure ornamental features over storefronts (i.e., rooflines, arches, lighting materials, or banding).

6.Awnings are not allowed in locations which already have a covered walkway or attached canopy.

7.In multi-tenant shopping centers, awnings should be coordinated to complement the overall architecture of the center.

B.Awning/Extended awning Appearance, Materials & Maintenance

1.Awning or extended awning materials with reflective or shiny finishes are prohibited; standard residential aluminum awnings are not allowed.

2.Awnings may be composed of noncombustible acrylic fabric, in a matte finish, suitable for outdoor use and U/V resistant, or matte finish standing seam metal.

3.The awning or extended awning color should complement and enhance the building, not overwhelm the building scheme or call more attention to the awnings/extended awnings than the building.

4.Fabric awnings shall not be torn, frayed, ripped, faded, stained, soiled or dirty. Damaged awnings must be replaced within 30 days of notification from the Zoning Administrator or Codes Enforcement Officer.

5.The awning frame shall be constructed of steel or aluminum.

6.Awning frame finish should match the metal storefront system color or awning fabric or metal color.

7.Awnings and extended awnings should have open ends (shed awnings) which allow a less obstructed view of storefronts. Wrapped awnings are allowed if they complement the building architecture (i.e., at the corner of a building).

8.Awning valances shall be more than 10 (ten) inches in height.

9.Decorative downlights should be included as a design element. Number and placement of fixtures should be chosen to provide a wash of illumination on the awning without providing hot spots. Frequency of fixtures should be no less than 3 (three) feet on center with no more than 6 (six) fixtures in a row.

10.Awning graphics and text are governed by Article 12, Sign Regulations.

C.Awning/Extended Awning Installation

1.Awnings must meet International Building Code requirements with regards to building permit plan review, manufacturer’s installation instructions and building placement when adjacent to a sidewalk.

2.When projecting from the side of the building and not adjacent to sidewalk, awning must meet a 15' setback requirement and height requirements to accommodate any traffic using adjacent driveway.

3.The lowest point of any awning or extended awning shall be minimum of 8 (eight) feet above the sidewalk or ground over which it projects.

4.Awnings without signs may be allowed above the ground floor if they complement the architecture.

Awning and Extended Awning Design Examples

Awnings over individual doors and windows

Extended awnings over sever doors and windows Example of individual awnings and extended awning

Fencing - All fences and walls shall comply with the City’s fence regulations and follow these design standards:

A.Placement

1.Fences, walls or hedges shall be outside of the sight distance triangle.

2.Fences, walls, or hedges shall not be placed in the setback area from street rights-of-way or within the perimeter landscape area.

3.Retaining walls are permitted where the wall is reasonably necessary due to topography, where the wall is located at least two (2) feet from any street right-of-way, and where the wall does not extend more than six (6) inches above the ground level of the land being retained.

B.Allowed Fencing Materials

1.Subject to the Minimum Fencing Design Standards listed in section C below, fences are to be constructed of customarily used materials such as chain-link, welded wire mesh, wrought iron, aluminum, wood, polyvinyl chloride (PVC), ornamental wire or other similar material unless otherwise herein.

2.The use of materials such as sheet metal, chicken wire, temporary construction fencing, snow fencing, woven wire commonly used for penning of livestock or other animals, or similar materials shall not be permitted as permanent fencing. Barb wire is strictly prohibited.

3.Wood fences shall be constructed of treated lumber, cedar, redwood or similar type of wood that are resistant to decay.

4.Chain-link or woven wire type fences shall not include plastic or wood slats or strips, bamboo or reed.

5.A fence shall not be constructed or covered with paper sheets/strips; cloth/fabric tarps, sheets, or strips; plastic/vinyl tarps, sheets, mesh or strips; bamboo; reed; or plywood sheeting. An exception may be approved by the City for sun and/or wind screen material applied to fences directly associated with a sports or recreation facility such as tennis court fences, baseball field fences, or basketball courts.

6.Walls are to be constructed of brick, stone, textured concrete, precast concrete, tile block, etc.

7.All walls and fences must be an earth tone, neutral, or natural color.

8.Pictures, images, lettering, logos, graphics, or artwork are not permitted on fences.

9.Any fence determined by the City not to be a standard or customarily styled or constructed fence is prohibited.

C.Minimum Fencing Design Standards

1.In Commercial Districts no chain-link, woven wire, or similar type fence shall be permitted where visible from a public street.

2.Any fence over four (4) feet tall located in any yard adjacent to a public street or located closer to a public street than the closest corner of any structure, shall meet one of the following conditions:

a.Columned: Masonry columns with a minimum cross section of 16 inches by 16 inches placed at a maximum interval of 24 feet on center along the length of the fence. Additional columns shall also be required at all fence corners and turning points and at all fence termination points.

b.Capped and Trimmed: Upgraded wood fences, including exposed wood posts, top caps, and trim boards.

c.Decorative Metal: Wrought iron and decorative metal style fencing.

Capped and trimmed wood fence

D.Retaining Walls

1.Retaining walls shall be set back from the property line one foot for every one foot of height unless a mutual written agreement on the height and location of the retaining wall has been made with the adjoining property owner.

2.Retaining walls which are more than four (4) feet in height shall be structurally engineered. The design specifications, elevations, and the exact location of the wall shall be provided on the Site Plan.

3.No single retaining wall face shall be greater than 6 (six) feet in height without terraces to break up the wall expanse. A minimum of one foot of terrace shall be used for each 2 feet of wall height. Each terrace shall contain vegetation.

4.Any retaining wall above three (3) feet shall have wrought iron fencing.

5.Retaining wall construction is subject to approval by the City Engineer and Building Inspector.

Retaining wall

(C1, C2, C3, CO) Site plans for fuel stations, convenience stores (C-Store) or businesses with drive- through operations should create an architectural relationship between the building and the canopy structure that covers the fuel pump islands or drive-through area. The canopy structure can enhance the aesthetics of a business property, provide weather protection for customers and promote a business identification. All amenities such as lighting fixtures, trash receptacles, and other features shall be coordinated in design with the building.

A.General Design Standards

1.Building elevations should incorporate architectural features that are visually interesting with pronounced massing and provide direct pedestrian connections to adjacent sidewalks.

2.Architectural features should include changes in wall plane and materials, roof overhangs, cornice lines, prominent entrance areas, varied building volume or accent elements, and varied yet complementary building materials.

3.Architectural detailing and materials should be of a high and durable quality. Exterior building materials and cladding shall achieve a high standard of life-cycle, visual and aesthetic quality.

4.One hundred percent (100%) of the surface of each exterior wall of the principal building (excluding doors and windows) shall consist of materials including but not limited to brick or stone masonry, stucco, glass block, tile, ornamental cast metal, cast or cultured stone, concrete (tilt-up) walls, glass, or a combination of these materials. A minimum of three (3) different types of building materials should be used in order to provide architectural interest, coordinated accents and varied articulation. Stucco use should be limited.

5.Vision glass on the building must provide unobstructed views in and out of the building.

6.Loading and dumpster areas visible from public right-of-way and/or abutting residential, commercial, public, or civic property shall be screened with a consistent six (6) foot opaque screening wall with a solid metal gate. Screening wall materials should incorporate materials similar to what is used on the main building. Chain link fences or wooden fences are not acceptable. Inclusion of a man door access is encouraged to minimize the need to open the metal gate during business hours. Dumpsters shall be set back a minimum of twenty-five (25) feet from adjacent residential uses.

7.When a retail use is located in the same building or on the same property as the service station, there shall be distinct parking areas for each use to allow for separation between fueling areas and parking.

8.All fencing visible from a public right-of-way shall be either masonry of a type and style complementary to the primary materials of the building, wrought iron, decorative metal, living plant material or a combination of these. Fencing containing barbed wire, razor wire, or an equivalent is prohibited. No fencing visible from a public right-of-way shall be located within a Parkway Buffer or a Right-of-Way Buffer.

B.Canopy Design Standards Canopies are roof structures and should be patterned after traditional roof types and structural supports in the area. As an accessory feature to the primary uses, which center around the principal building, canopies should never visually dominate the site. A freestanding or attached canopy covering a drive-through service area shall be developed in accordance with the following criteria:

1.Canopy height shall relate to adjoining buildings both within and outside the service center site.

2.The canopy over the drive-through shall be integrated into the roof design of the principal structure or it shall incorporate roof shapes or massing that is similar to the principal structure.

3.Design of gas pumps and pneumatic tube stations should thoughtfully integrate with canopy supports, graphics and signage.

4.All exterior canopy surfaces shall incorporate the following:

a.The exterior surface shall be clad in composite or masonry materials matching or compatible with materials used on the primary structure.

b.Materials used on the canopy must have a matte finish (nothing shiny or reflective).

c.The canopy fascia must include an architectural element (building material) which also matches the canopy structure and principal building. A standard flat fascia is not permitted.

5.Canopy columns shall incorporate the following:

a.Columns shall be clad primarily in composite materials which match or are compatible with materials used on the primary structure and canopy roof.

b.Cladding must extend from the base of the column to the canopy roof.

c.Columns must be at least eighteen (18) inches in width.

6.Canopy sides or top may not be illuminated in any way. Canopies shall not contain strips or bands of light (neon or otherwise).

7.All light fixtures mounted on the canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy, or the lighting of the canopy shall use indirect lighting through which light is beamed upward and then reflected down from the underside of the canopy by light fixtures that are shielded so that illumination is focuses exclusively on the underside of the canopy. Glare should not be created, and spillover to adjacent residential properties must be minimized.

8.Illuminance under the canopy shall be no more than an average of thirty-five (35) footcandles.

9.Canopies may contain illuminated signage which contains either the business logo and/or a digital display which reflects the price per gallon of fuel sold. See Article 12 Sign Regulations of the UDC for complete regulations related to allowed signage.

Canopy Design Examples

C.Car or Truck Washes

1.Downgrading of exterior materials for ancillary structures such as car or truck washes is not permitted.

2.Car or truck wash elements shall be located to the rear or back portion of side yards or service centers to mitigate the impact of traffic.

3.Where they are adjacent to residential uses, orientation and design shall minimize noise and lighting impacts.

4.Car or truck wash exits must face away from abutting residential properties or be fully screened from neighboring residential views.

5.Lighting for drive-through bays used for car or truck wash, must be fully shielded so as not to spillover onto adjacent residentially zoned parcels.