ORDINANCE NO. ZRR-2795 AN ORDINANCE RELATING...

ORDINANCE NO. ZRR-2795

AN ORDINANCE RELATING TO THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF OVERLAND PARK, KANSAS; AMENDING AND REPEALING OVERLAND PARK MUNICIPAL CODE SECTIONS 18.180.070, 18.245.050, 18.250.050, 18.275.050, 18.300.050, 18.370.010, 18.370.030, 18.370.040, 18.370.050; AND ADDING NEW CHAPTER 18.395 RELATING TO COMMUNICATIONS FACILITIES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. Overland Park Municipal Code Section 18.180.070 is hereby amended to read as follows: 18.180.070 Development and performance standards A. Detached accessory buildings shall not be located in any required front or side yard

setback area, but may be located in the rear yard setback area provided that no such building may be closer than three feet to any interior property line, closer than 20 feet from any street right-of-way line, or in front of any building setback line. The ground area of all detached accessory buildings in the rear yard shall not exceed thirty percent (30%) of the total land area in the rear yard setback. No more than two (2) detached accessory buildings shall be permitted for each residence.

B. No single-family dwelling shall be constructed, reconstructed, altered or moved unless it

conforms to the minimum dwelling size regulations set forth in Chapter 18.460. C. Approval or disapproval of proposed preliminary development plans for non-residential

uses shall be based upon the following:

1. The capability of the site to accommodate the building, parking and drives with appropriate open space, and safe and easy ingress and egress, with direct access to a thoroughfare, super-collector or a collector street.

2. An appropriate degree of harmony will prevail between the architectural quality

of the proposed building and the surrounding neighborhood. 3. The appropriateness of the minimum dimensions and areas of lots and yards

stated in Section 18.180.030 may be considered and increased. D. Residential real estate sales offices are subject to the following standards:

1. There shall be only one residential real estate sales office in any one subdivision. 2. All sales shall be limited to the sale of new properties located within that

subdivision.

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3. Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted.

4. No additional parking facilities other than adjacent on-street or customary

driveway parking shall be permitted. 5. Each residential real estate sales office shall obtain a Certificate of Occupancy

from the Code Administrator or his designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.

6. Upon issuance of any Certificate of Occupancy for 90% of the homes within the

subdivision, the sales office shall be terminated. 7. Any residential real estate sales office which meets the above standards will be

exempt from the plan approval requirements set forth in Chapter 18.140. 8. A model home complex operated in conjunction with a residential sales office

may include a decorative fence in the front yard enclosing or defining the extent of the complex. To qualify as a decorative fence, the surface of the fence must be at least 50 percent open, the fence cannot be constructed of chain link or other wire materials and cannot exceed four feet in height. The front yard fence shall be removed upon the termination of the sales office.

E. Residential-design manufactured homes are subject to the following architectural or

aesthetic standards:

1. The roof shall be double-pitched and have a minimum vertical rise of four feet for each 12 feet of horizontal run, and shall be covered with roofing material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roofs.

2. All roof structures shall provide an eave projection of no less than nine inches,

which shall include a gutter. 3. The exterior siding shall consist predominantly of vinyl or metal horizontal lap

siding (the reflectivity of which does not exceed that of gloss white paint), wood, hardboard, brick, stone or stucco comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City.

4. The manufactured home shall be set up in accordance with the recommended

installation procedures of the manufacturer and the standards set by the National

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Conference of States on Building Codes and Standards and published in "Manufactured Home Installations, 1987" (referred to as NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home.

5. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to

and from the home shall be installed or constructed in accordance with the standards set out in Title 16 of the Overland Park Municipal Code, and shall be attached firmly to the primary structure and anchored securely to the ground.

6. All fuel supply systems shall be constructed and installed within the foundation

wall or underground in compliance with all applicable building and safety codes, except that any bottled gas tanks may be located above ground and outside the foundation wall provided they are fenced so as not to be clearly visible from the street or abutting properties.

7. The moving hitch, transporting lights, and wheels and axles shall be removed. 8. The manufactured home shall be oriented on the lot so that its long axis is parallel

with the street. A perpendicular or diagonal placement may be permitted if the narrow dimension of the unit, as it appears from the street, is no less than fifty percent of the unit's long dimension.

9. The lot shall be landscaped to ensure compatibility with surrounding properties.

The lot shall be seeded, sodded or planted with other appropriate ground cover in compliance with Section 18.450.030.

10. The manufactured home shall have a length not exceeding four times its width,

with length measured along the longest axis and width measured at the narrowest part of the other axis. The minimum dimensions of the manufactured home shall be 22 feet in width and 40 feet in length.

11. A garage or carport, constructed in accordance with the requirements of Title 16,

O.P.M.C., shall be provided. 12. If the manufactured home is located within a subdivision that has a minimum

floor area classification established in compliance with Section 18.460.350, then the total livable floor area of the manufactured home shall comply with the minimum floor area required for that subdivision.

F. Communication towers are subject to preliminary development plan approval. In

addition, communication towers are subject to the same height and setback requirements as other structures within this district and the performance standards outlined in Section 18.395.070 G-O.70.040 O 10-16.

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G. Communication antennas may be installed on an existing structure located on property developed with a non-residential use or on a non-residential building subject to the performance standards in Section 18.250.050 H G.

H. Utility structures: Except as allowed by Section 18.180.070 H 4, utility structures may

only be installed in a utility easement. Additional locations may be approved as allowed by Chapter 18.370. A right-of-way work permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way. Utility structures are subject to the following standards: 1. When placing utility structures, priority shall be given to finding available utility

easements in preferred locations. Preferred locations, as listed in order of priority, are: 1) properties developed with non-residential uses; 2) thoroughfare or super-collector landscape easements; 3) rear yards; 4) street side yards on a corner lot behind the front yard setback; and 5) front yards within the required side yard setback. Unless approved by the City Engineer, no above ground utility structures shall be constructed, reconstructed or relocated in any portion of a utility easement that crosses over or is included in a drainage easement or a stormwater treatment facility. When requested, applicants shall provide the City with adequate documentation to establish that preferred locations, in order of priority, are not reasonably available.

2. Size and Height - The structure is limited to 66 inches in height above average grade and shall be limited to a footprint no larger than 20 square feet in area, except as otherwise provided in this Section.

3. Thoroughfare or super-collector landscape easements - If the structure is located within a thoroughfare or super-collector landscape easement, the structure is subject to site plan approval. The structure shall be limited to seven feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. Paved access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of Section 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.

4. Location in public right-of-way - Any structure located within the public right-of-way shall be located behind the sidewalk and is subject to approval by the City Engineer.

5. Landscaping - Landscaping shall be provided for all structures with a footprint greater than two square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple

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locations of similar structures are proposed, then the utility may submit a minimum of two typical landscape plans, prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner or homes association.

6. Noise - The structure shall comply with all noise requirements, established by the City.

7. Non-residential uses - Utility structures that are located on property that has been approved for a non-residential use, are subject to the requirements set forth in Section 18.250.050 H and are exempt from the above standards.

8. Abandonment - Any structure that is not operated for a continuous period of six months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.

9. Notwithstanding any provisions to the contrary, utility structures may continue to

be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.

SECTION 2. Overland Park Municipal Code Section 18.245.050 is hereby amended to read as follows: 18.245.050 Development and performance standards A. District Size: All parcels hereafter zoned PRN, Planned Residential Neighborhood

District shall contain a minimum 40 acres of land, provided that the Planning Commission and Governing Body may waive these requirements if the proposed tract of land abuts an existing development zoned PRN, and the proposed tract will enable a compatible extension of the existing development.

B. No less than seventy-five percent (75%) of the total gross acreage being rezoned to PRN

shall be developed with single-family detached units and common open space (see C below for minimum common open space).

C. Minimum common open space: fifteen percent (15%) of gross land area (includes parks,

natural open space areas, etc.) (Areas not allowed as part of Common Open Space can be found in the Multi-Family Design Guidelines Section IV.A.3.b.iii).

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D. Developments shall use a minimum of three dwelling unit types in a Planned Residential Neighborhood Development (minimum ten percent (10%) of the overall housing units to count). The different dwelling units include the following:

1. Multi-family dwellings containing more than four (4) units per building; 2. Single-family detached dwellings; 3. Single-family units served by alleys; 4. Two-family dwellings; 5. Triplexes, or four-plexes; 6. Assisted living; 7. Elderly housing.

E. One community gathering place (such as but not limited to a resident clubhouse, recreation center, meeting building, open air pavilion, etc.) shall be constructed per development (does not include swimming pools).

F. Sidewalks shall be constructed on both sides of all streets and be a minimum of five (5)

feet in width.

G. No more than two (2) detached accessory buildings shall be permitted for each residence. H. Private alleys may be allowed. I. Accessory dwelling units shall be limited as follows:

1. Only one accessory dwelling unit is permitted per lot and shall be a minimum of 400 square feet in size.

2. Accessory dwelling units shall be limited to a maximum fifty percent (50%) of

the primary dwelling unit square footage. J. Fences may be permitted in the front yard but shall be limited to three (3) feet in height

and must be located entirely on the private lot. The fence shall be no more than fifty percent (50%) opaque and constructed of split rail, wood rail, wrought iron, or spaced picket fence. (All other regulations in Section 18.390.140 C shall be met.)

K. At the time of preliminary development plan approval the following shall be submitted:

1. A plan clearly defining the type of residential dwelling unit to be constructed on

each block or specific area;

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2. A written criteria (can include drawings or pictures) describing each residential

area or building type. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal;

3. Typical elevations for the various building types, and 4. A pedestrian and open space concept plan.

L. At the time of construction plan approval, the developer shall submit a letter confirming that the each single-family dwelling unit conforms to the single-family architectural criteria approved at the time of preliminary development plan. This shall be provided at the time of construction plan approval.

M. Approval or disapproval of proposed preliminary development plans for non-residential

uses shall be based upon the following:

1. The capability of the site to accommodate the building, parking and drives with appropriate open space, and safe and easy ingress and egress, with direct access to a thoroughfare, super-collector or a collector street.

2. An appropriate degree of harmony will prevail between the architectural quality

of the proposed building and the surrounding neighborhood. 3. The appropriateness of the minimum dimensions and areas of lots and yards

stated in Section 18.180.030 may be considered and increased.

N. No single-family dwelling shall be constructed, reconstructed, altered or moved unless it conforms to the minimum dwelling size regulations set forth in Chapter 18.460.

O. Residential real estate sales offices are subject to the following standards:

1. There shall be only one residential real estate sales office in any one subdivision. 2. All sales shall be limited to the sale of new properties located within that

subdivision. 3. Any sales office within a subdivision shall be located within a permanent

residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted.

4. No additional parking facilities other than adjacent on-street or customary

driveway parking shall be permitted. 5. Each residential real estate sales office shall obtain a Certificate of Occupancy

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from the Code Administrator or his or her designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.

6. Upon issuance of any Certificate of Occupancy for ninety percent (90%) of the

homes within the subdivision, the sales office shall be terminated. 7. Any residential real estate sales office which meets the above standards will be

exempt from the plan approval requirements set forth in Chapter 18.140. 8. A model home complex operated in conjunction with a residential sales office

may include a decorative fence in the front yard enclosing or defining the extent of the complex. To qualify as a decorative fence, the surface of the fence must be at least fifty percent (50%) open, the fence cannot be constructed of chain link or other wire materials and cannot exceed four (4) feet in height. The front yard fence shall be removed upon the termination of the sales office.

P. Residential-design manufactured homes are subject to the following architectural or

aesthetic standards:

1. The roof shall be double-pitched and have a minimum vertical rise of four (4) feet for each 12 feet of horizontal run, and shall be covered with roofing material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roofs.

2. All roof structures shall provide an eave projection of no less than nine inches,

which shall include a gutter. 3. The exterior siding shall consist predominantly of vinyl or metal horizontal lap

siding (the reflectivity of which does not exceed that of gloss white paint), wood, hardboard, brick, stone or stucco comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City.

4. The manufactured home shall be set up in accordance with the recommended

installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations, 1987" (referred to as NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home.

5. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to

and from the home shall be installed or constructed in accordance with the standards set out in Title 16 of the Overland Park Municipal Code, and shall be

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attached firmly to the primary structure and anchored securely to the ground. 6. All fuel supply systems shall be constructed and installed within the foundation

wall or underground in compliance with all applicable building and safety codes, except that any bottled gas tanks may be located above ground and outside the foundation wall provided they are fenced so as not to be clearly visible from the street or abutting properties.

7. The moving hitch, transporting lights, and wheels and axles shall be removed. 8. The manufactured home shall be oriented on the lot so that its long axis is parallel

with the street. A perpendicular or diagonal placement may be permitted if the narrow dimension of the unit, as it appears from the street, is no less than fifty percent (50%) of the unit's long dimension.

9. The lot shall be landscaped to ensure compatibility with surrounding properties.

The lot shall be seeded, sodded or planted with other appropriate ground cover in compliance with Section 18.450.030.

10. The manufactured home shall have a length not exceeding four times its width,

with length measured along the longest axis and width measured at the narrowest part of the other axis. The minimum dimensions of the manufactured home shall be 22 feet in width and 40 feet in length.

11. A garage or carport, constructed in accordance with the requirements of Title 16,

O.P.M.C., shall be provided. 12. If the manufactured home is located within a subdivision that has a minimum

floor area classification established in compliance with Section 18.460.350, then the total livable floor area of the manufactured home shall comply with the minimum floor area required for that subdivision.

Q. Communication towers are subject to preliminary development plan approval. In

addition, communication towers are subject to the same height and setback requirements as other structures within this district and the performance standards outlined in Section 18.395.070 G-O.70.040 O 10-16.

R. Communication antennas may be installed on an existing structure located on property

developed with a non-residential use or on a non-residential building subject to the performance standards in Section 18.250.050 HG.

S. Utility structures may be installed upon the issuance of a building permit and are subject

to the following standards:

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1. Size and Height - The structure is limited to 54 inches in height above average grade and shall be limited to a footprint no larger than 12 square feet in area, except as otherwise provided in this Section.

2. Thoroughfare or super-collector landscape easements - If the structure is located

within a thoroughfare or super-collector landscape easement, the structure is subject to site plan approval. The structure shall be limited to seven (7) feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. Paved access to the structure from a thoroughfare street may be considered, in which case an asphalt driveway meeting the requirements of Section 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.

3. Location in public right-of-way - Any structure located within the public right-of-

way shall be located behind the sidewalk and is subject to approval by the City Engineer.

4. Landscaping - Any structure that is located between the public right-of-way and

an established building line shall be substantially screened from public view. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a building permit. The landscape plan is subject to approval by the City. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner or homes association.

5. Noise - The structure shall comply with all noise requirements, established by the

City.

6. Non-residential uses - Utility structures that are located on property that has been approved for a non-residential use, are subject to the requirements set forth in Section 18.250.050 H and are exempt from the above standards.

7. Abandonment – Any structure that is not operated for a continuous period of six

months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.


be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a building permit to be issued without a special use permit.

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SECTION 3. Overland Park Municipal Code Section 18.250.050 is hereby amended to read as follows: 18.250.050 Development and performance standards A. No merchandise shall be handled or displayed except inside buildings and no equipment

or vehicle other than passenger cars shall be stored outside a building in this district for more than twenty-four hours in a 30-day period.

B. Where pharmacies or optical shops are permitted as an accessory use as provided in

Chapter 18.390, there shall be no direct exterior entrance to the pharmacy and no exterior sign or advertising relative to the pharmacy.

C. A restaurant is allowed as a detached accessory building in an office park that consists of

at least 150,000 square feet of office building floor area. One single-tenant restaurant building is allowed per 150,000 square feet gross square footage of office buildings, not including basement square footage, up to a maximum of two single-tenant restaurant buildings. All detached restaurant buildings shall meet the following standards:

1. No drive-in or drive-thru service is allowed.

2. No exterior signage that indicates a carry-out service or dedicated parking stalls

for carry-out customer parking is allowed.

3. The restaurant shall meet the parking requirements of one stall per every three seats in addition to the required parking for the office building square footage.

4. The architectural design for a detached restaurant building shall meet all

applicable requirements of the Infill and Redevelopment Design Guidelines or the Commercial Design Guidelines. Parking lot areas for detached accessory restaurants shall meet the requirements of the Infill and Redevelopment Design Guidelines or the Commercial Design Guidelines.

D. Any lighting used to illuminate an off-street parking area, sign or other structure shall be

arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or commercial operations, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 foot-candles (meter reading) as measured from said property line.

E. All business shall be conducted within the building, except as follows:

1. Financial institutions may be permitted drive-up or walk-up service as part of

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final development plan approval in District CP-O. 2. Day-care centers and preschools may be permitted outdoor activity areas as part

of final development plan approval in District CP-O.

F. Areas devoted to the display of business equipment, medical equipment, medical supplies, pharmaceuticals or cosmetics shall not exceed 50% of any tenant space. Areas devoted to repair services shall not exceed 10% of any tenant space. No over-the-counter sales shall be permitted except as provided in Section 18.390.060. Storage of the permitted items shall not constitute warehousing or distribution in the normal sense but shall be limited to that quantity of stock necessary for the normal administrative, service and sales function of the business.

G. Prior to issuance of any building permit, site plan approval shall be obtained as provided

for in Chapter 18.140. H. Communication antennas may be installed on any existing structure (such as a building,

utility pole, water tower etc.) three stories in height or greater but no less than 35 feet provided that the additional antennas shall add no more than 20 feet to the height of said existing structure. Communication antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than three stories or 35 feet in height, subject to final development plan approval. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with Section 18.450.100. Ground mounted equipment is subject to the performance standards outlined in Section 18.395.070 H-N.370.040 O 11-15.

I. Utility structures meeting the following standards may be installed upon the approval of an application for site plan approval. A right-of-way work permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way.

1. Size and Height - The structure shall be limited to seven feet in height above

average grade and shall be limited to a footprint no larger than 42 square feet in area. If the structure is larger than the size requirements outlined above, it may be permitted if located within proximity (adjacent to, clustered with) existing buildings so as to be inconspicuous from any public street or adjacent property.

2. Parking - The structure shall not be located such that it will cause a reduction in the required number of parking spaces, nor be located so as to interfere with normal circulation patterns or any sight-distance triangle.

3. Location - Except when the structure is located within the public right-of-way, it shall comply with all setback requirements from the public right-of-way as outlined in the zoning district regulations. The structure shall be located a minimum of 30-feet from any existing single-family residential property line, or any vacant property identified in the Master Plan for low or very low-density

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residential uses. If the structure is located within the public right-of-way, it shall be located behind the sidewalk, and is subject to approval by the City Engineer.

4. Noise - The structure shall comply with all noise requirements, established by the City.

5. Landscaping - Landscaping shall be provided for all structures with a footprint greater than two square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed then the utility may submit a minimum of two typical landscape plans prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner.

6. Access - The structure shall be accessed from an internal private drive, or adjacent commercial public street. Where that is not possible, access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of Section 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.

7. Abandonment – Any structure that is not operated for a continuous period of six months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.


be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.

SECTION 4. Overland Park Municipal Code Section 18.275.050 is hereby amended to read as follows: 18.275.050 Development and performance standards A. Merchandise, which may be appropriately displayed outside a building, shall be kept off

the public sidewalks, parking lots, landscaped areas, and streets, and shall not occupy an area greater than 10 percent of the ground floor area of the nonresidential portion of the

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adjacent building. All merchandise shall be displayed on a concrete or similar harden surface. No merchandise (including motorcycles, scooters, and automotives) may be left outdoors when the business is not open.

B. Drive-up or walk-up service may be permitted as part of final development plan approval. The drive-up or walk-up restaurants shall be integrally designed into the development, and the drive-thru lane and drive-thru window may not be located adjacent to the public street network or drives.

C. No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

D. The sale and consumption of cereal malt beverages and alcoholic liquor shall be subject to the provisions set out in Section 18.260.050, and as required in Chapters 5.12, 5.20, and 5.48, as applicable.

E. Eating/Drinking establishments may have an outdoor eating area as designated on a plan. Any outdoor eating areas on public right-of-way shall be subject to a right-of-way maintenance agreement.

F. The canopy structure over the gas pumps shall be located behind or to the rear of the main gas station building but not adjacent to a perimeter public street. No servicing or storage of cars is permitted.

G. Communication antennas may be installed on any existing structure (such as a building,

utility pole, water tower etc.) 3 stories in height or greater but no less than 35 feet provided that the additional antennas shall add no more than 20 feet to the height of said existing structure. Communication antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. Associated equipment may be in height, subject to final development plan approval. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with Section 18.450.100. Ground mounted equipment is subject to the performance standards outlined in Section 18.395.070 H-N.70.040.O.11-15.

SECTION 5. Overland Park Municipal Code Section 18.300.050 is hereby amended to read as follows: 18.300.050 Development and performance standards A. All operations shall be conducted within a fully enclosed building. B. All storage of materials, products or equipment shall be within a fully enclosed building

or in an open yard screened such that the materials, products or equipment are not visible at eye level from adjacent property.

C. Areas devoted to retail sales shall not exceed 10% of the gross floor area of the main use,

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and in no event shall the total of such areas exceed 5,000 square feet. D. No use shall be permitted or so operated as to produce or emit from a vent, stack,

chimney or combustion process any smoke darker than Ringlemann No. 1, except that smoke darker than Ringlemann No. 2 is permissible for a duration of not more than 4 minutes during any 8-hour period if the source of such emission is not located within 250 feet of residentially zoned property.

E. No use may generate any ground-transmitted vibration in excess of .10 inches per second

at the property line or in excess of .02 inches per second measured at any residential property line. These values may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

F. Any lighting used to illuminate an off-street parking area, sign or other structure shall be

arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the center line of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 foot-candles (meter reading) as measured from said property line.

G. No heat from furnace processing equipment or other device shall be sensed at the lot line

or property line to the extent of raising the temperature of air or materials more than 5 degrees Fahrenheit.

H. No emission of air contaminants from any source within the boundaries of any lot or tract

shall exceed emission rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq., or amendments thereto, and any administrative regulations adopted thereunder.

I. No odor shall be permitted at any lot line or property line exceeding the lowest amount

set forth in Table III (Odor Thresholds) of Chapter 5, "Physiological Effects," of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds described therein. For compounds not described in Table III, odor thresholds may be established by methods indicated in Chapter 5 of the manual, and no odor shall be permitted at any lot line or property line exceeding the amount determined by the application of such methods.

J. No activity shall be permitted that creates any electrical disturbance that adversely affects

any operations or equipment other than those of the creator of such disturbance, or which otherwise causes, creates, or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the

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operation of any equipment not owned by the creator of such disturbance is adversely affected.

K. No loading dock shall be permitted to face any street unless a screening plan therefor is

approved as part of final plan approval. L. Prior to issuance of any building permit, site plan approval shall be obtained as provided

for in Chapter 18.140. M. Communication towers are permitted a maximum height of 100 feet. An additional 50

feet of height to accommodate co-location may be approved administratively by the Director of Planning and Development Services if the applicant submits information to the Director's satisfaction certifying the capacity of the tower for 2 additional providers and a letter from the developer indicating their intent to share space. A lightning rod, not to exceed 10 feet, shall not be included within the height limitations. In addition, the communication tower shall be subject to the performance standards outlined in Section 18.395.070 B-O.70.040.O.5-16. Communication antennas locating on existing buildings shall be subject to the performance standards set out in Section 18.250.050 H.

SECTION 6. Overland Park Municipal Code Section 18.370.010 is hereby amended to read as follows: 18.370.010 Statement of intent Certain uses of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of the use with surrounding uses. It is the intent of this cChapter to allow for such uses by the granting of a special use permit, subject to the same procedures applicable to a rezoning. SECTION 7. Overland Park Municipal Code Section 18.370.030 is hereby amended to read as follows: 18.370.030 Special uses not permitted It shall be presumed that any use listed in Section 18.370.020 shall not be permitted in the City without a special use permit unless that use is also specifically listed as a use permitted by right or as an accessory use in a given zoning district. SECTION 8. Overland Park Municipal Code Section 18.370.040 is hereby amended to read as follows: 18.370.040 Development and performance standards A. Airports or aviations fields.

At the time of approval of any permit for an airport or aviation field, the Governing Body may impose such restrictions on land, buildings or structures within an approach or transition plane or turning zone as is necessary to promote safety of navigation and to prevent undue danger from confusing lights, electrical interference or other hazards.

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B. Amusement centers and arcades.

1. The initial special use permit may be granted for a period of up to 12 months,

with renewals for a period of up to five years. The Planning Commission and Governing Body may, upon a finding that time restrictions on the permit are not required to protect the public health, safety and welfare, approve an indefinite special use permit for an indoor amusement center and arcade located within an enclosed shopping mall in excess of 400,000 square feet.

2. All facilities shall comply with the requirements contained in Chapter 5.24 of the

Code. 3. On-site parking shall be provided at the rate of one parking space for each two

occupants, to be calculated by building code standards. Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for other establishments, except that for shopping centers in excess of 400,000 total square feet the provisions of Section 18.430.140 for shared parking may be applied.

4. All facilities shall provide enclosed trash structures either inside or outside of

the facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation of the facility.

C. Clubs or drinking establishments.

1. No permit shall be approved unless a determination is made that the impacts of

traffic, access and parking, noise and litter will not adversely affect the surrounding neighborhood.

2. An initial permit may be issued for a maximum time period of three years.

Subsequent renewals may be issued for a maximum time period of five years. Provided, however, that establishments within facilities such as convention centers, hotels, motels, or similar structures determined not to have traffic, parking, noise, litter or other adverse impacts on surrounding properties, may be issued a special use permit for an indefinite time period.

D. Day care homes, group day care homes, child care centers, preschools and Mother's Day

Out programs which are not otherwise permitted as an accessory use or as a permitted use.

1. The property must be zoned District A or residentially zoned property. 2. The day care operation must have been in existence continually since January 16,

1984.

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3. The day care operation shall be licensed or registered with the State of Kansas

and shall comply with all applicable standards set out in Section 18.390.140 B of these regulations. Where the public hearing process clearly indicates that no parking, traffic generation, noise or other adverse impacts are resulting from the facility, the Planning Commission and Governing Body may waive the performance standards referenced above. The Planning Commission and Governing Body may, as a part of any special use permit renewal, require that the number of children and/or employees be reduced until, in their judgment, the adjoining properties are not adversely impacted.

4. Where the day care operation is operated from a residential dwelling, the owner

or operator shall occupy the structure as his or her private residence. 5. No signs identifying the operation shall be permitted on the premises.

E. Mines or quarries.

1. Mines or quarries shall be subject to the development and performance standards

set forth in Section 18.310.050 (District M-2). 2. All mines or quarry operations shall be located adjacent, or have direct access

over a private haul road, to a thoroughfare capable of handling the expected loads of heavy truck traffic.

3. All above-ground operations shall be located not less than 400 feet from the

property line of adjoining commercial or industrial property, 750 feet from the property line of adjoining agricultural or residentially zoned property, and not less than 1,000 feet from the nearest residence existing at the time of commencement of operations.

4. All below-ground operations shall be located not less than 200 feet from the

nearest property line, measured laterally. 5. The initial special use permit may be issued for a maximum time period of 10

years, with subsequent renewals issued for a maximum time period of five years. F. Oil and/or gas drilling or production.

1. Special use permits for oil and/or gas drilling or production may be approved provided that the approval is consistent with the intent and purpose of Chapter 5.51 of the Code as well as the spirit and intent of this Title. In the event of a conflict between the definitions or terms of this Section and Chapter 5.51, the provisions of Chapter 5.51 shall control.

2. In addition to the criteria stated in Section 18.370.040, the Planning Commission

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and Governing Body shall consider the following criteria in reviewing an application for an oil and/or gas special use permit:

a. The development of the natural resources as it relates to the local, regional

or national economy. b. The economic conditions as they affect other types of development. c. The effect of approval of the special use permit on existing and future

development or development potential of the property.

d. The cumulative effect of approval of the proposed permit and other oil and gas special use permits on existing and future development or development potential of the area.

e. Past history of the operator with regard to spills, overall safety and

compliance with local or state laws.

3. The minimum tract size for special use permits for oil drilling or production shall be 10 acres, including any public street right-of-way. The applicant shall have the written authorization of all owners of the tract. There is no minimum tract size for special use permits for gas drilling or production.

4. No portion of the drilling area shall be closer than 165 feet from any point along

the tract line or from public street right-of-way. No drilling or production related activities shall occur within this required buffer area.

5. The maximum depth of any well shall be 1,200 feet below grade unless a greater

depth is authorized at the time of the permit approval. 6. In addition to the aforementioned requirements, additional information or

conditions may be required, as deemed necessary and proper to protect and promote the public health, safety and welfare, and which requirements are consistent with the intent and purpose of this Chapter, including but not limited to the following:

a. Enclosure or burial of the wellhead and/or appurtenances. b. Material types and height of any fencing. c. Noise suppression devices or procedures. d. Hours of operation for drilling equipment delivery, drill pipe storage,

racking, servicing, loading of oil, removal of equipment, perforating or fracturing and restoration.

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e. Routes used by drilling or production related vehicles. f. The capacity number and color of storage or other tanks. g. An environmental impact assessment addressing those areas about which

the Planning Commission or Governing Body require additional information, such as noise pollution, water pollution, air pollution, geological impacts or safety and nuisance potential. Any such environmental impact assessment shall include baseline data against which actual impacts may be evaluated and shall also include the reasonable and preferred procedures and/or equipment for mitigating or abating any and all significant impacts. Any such environmental impact assessment shall be prepared and certified by a professional qualified in the field(s) to which the assessment applies.

h. Fiscal impact analysis.

7. Any oil and/or gas drilling or production operation shall comply with the

development and performance standards set forth in Section 18.310.050 (District M-2).

8. An initial special use permit for oil and/or gas drilling or production may be

granted for a period of up to 10 years, but in no case shall the period granted be less than five years. All subsequent special use permits may be granted for renewal periods of up to 10 years, but in no case shall the period granted be less than one year. A special use permit granted for gas production only may be granted for an indefinite period of time.

9. The granting of a period for oil and/or gas drilling or production shall not be

construed, nor interpreted as implying, that refineries or dehydration or absorption plants are permissible within the permit. Storage tank farms not accessory to the production for which the special use permit has been granted shall not be permitted.

G. Outdoor advertising.

1. Billboards (including poster panels).

a. Zoning: Billboards may be located on property zoned M-1, Industrial Park District, and M-2, General Industrial District, which has frontage on Interstate-35, Interstate-435 or Interstate-635, provided all other conditions of this Chapter are met.

b. No billboard shall be located within the following areas, whichever is

more restrictive:

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(1) Within 400 feet of the property line of any residentially zoned property, park, playground, school, hospital or church. Such measurements shall be made as a 400-foot linear measurement along the street frontage on which the billboard is located.

(2) Within 200 feet of the property line of any residentially zoned

property, park, playground, school, hospital or church. Such measurements shall be made as a 200-foot radial distance 360 degrees around the location of the proposed billboard.

(3) A billboard located within a parking lot shall not cause a reduction

in the number of required parking spaces, nor be located so as to interfere with normal circulation patterns.

c. Spacing: All billboards shall maintain a minimum spacing of 1,200 feet

from existing billboards along interstate or adjacent frontage road rights-of-way. The 1,200 spacing dimension shall be measured along the side of the roadway where the sign is proposed regardless of the direction from which the sign may be viewed. All billboards existing within the City at the time of the adoption of this resolution shall be used as the beginning point for such 1,200 foot minimum spacing measurements.

d. Size and Shape: No billboard within the City shall exceed 672 square feet

in size. The shapes of all proposed billboards shall comply with representations shown on Exhibit "A" attached to Resolution No. 2907. Deviations

from the standard billboard shapes represented in said Exhibit "A" shall not be permitted.

e. Height: No billboard shall exceed 30 feet in height above the right-of-way

grade from which it is viewed. In cases where the grade at the location of the proposed billboard is higher than the right-of-way grade adjacent to which it is located, the Planning Commission and Governing Body may require the overall height of the billboard to be lowered.

f. Lighting: All billboards shall be indirectly illuminated or nonilluminated

and comply with all building codes of the City. Billboards may be lit only from dusk to 12 a.m. midnight.

g. No billboard shall be permitted to be mounted, attached or affixed to a

building rooftop or the walls of any building.

h. All billboards shall maintain the required front yard building setback from adjacent right-of-way equal to that required of any structure built within the zoning district in which the billboard is located.

i. The area around any billboard and its supports shall be kept clear of

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debris, and all scrub brush, tall grass and weeds shall be cleared away to a distance of a ten foot radius from the billboard and supports.

j. Any landscaping approved as part of a special use permit allowing a

billboard shall be replaced to original species and size during the next appropriate planting season.

k. No more than one double-faced billboard shall be permitted per pole

and/or location for which a special use permit is approved. l. No special use permit for any billboard shall be granted for more than

three years, with a 60 day time limit for removal in the event the permit is not renewed.

2. Off-site promotional signs.

a. Off-site promotional signs for developments may be permitted for each

project of up to 10 acres in area. For projects of more than 10 acres, one off-site promotional sign for each additional 20 acres or portion thereof shall be permitted. No project shall have more than three such signs. A project shall mean a unit of development under one development plan, one financing package and one identifying name. An entire residential subdivision shall be deemed a project even though several builders may be involved.

b. Off-site promotional signs shall be permitted for a maximum period of

three years, beginning with the issuance of the first building permit on the project. Such signs shall be removed immediately upon termination of the 3-year period regardless of the extent of project completion or occupancy.

c. Projects constructed in phases shall be considered as only one project with

respect to the 3-year limitation, except that in the case of a division into two or more developments, each having a separate owner-developer financing status, each development shall be considered a project.

d. Off-site promotional signs shall be limited to single-family subdivisions,

duplex and apartment or townhouse complexes.

e. Off-site promotional signs may have a maximum height of 11 feet, maximum length of 16 feet, may be flood-lighted and shall be well-designed and maintained throughout the life of the sign.

3. Recreational sponsor signs.

a. Signs shall be permitted only on the inside surface of the perimeter

fencing around an athletic field or on a scoreboard associated with an athletic field. The placement of all signs shall be in accordance with a sign

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plan, approved by the Governing Body as part of the special use permit, which indicates the location and approximate height of all potential signs.

b. Signs shall be oriented toward the playing field so that they are visible to

participants and spectators, and shall not be positioned so that they can be readily viewed from surrounding streets or adjacent properties.

c. Signs shall not be illuminated except when the playing field or scoreboard

is in use. d. Sign permits shall not be required.

H. Residential real estate sales offices.

Real estate sales offices which are not otherwise a permitted use in a residential subdivision or project, may be operated under a special use permit for the purpose of selling properties located within the subdivision or project under such conditions as may be imposed at the time of approval of the permit. No such permit shall be issued for a period exceeding two years. The precise location of any such real estate sales office within the subdivision or project shall be indicated on the application for the permit.

I. Taverns and dance facilities.

1. No permit shall be granted unless the distance between the walls of the facility within which the operation is located and the property line of the nearest residentially zoned property is in excess of 200 feet.

2. On-site parking shall be provided at the rate of one parking space for each two

occupants, to be calculated by building code standards. Parking shall be available to be assigned solely to the proposed establishment and cannot be counted for other establishments except in the case of shopping centers in excess of 300,000 total square feet. The Governing Body may as a part of the required special use permit approve shared parking not solely available to the facility provided the following criteria are met;

a. The shared parking shall not exceed more than 50% of the total required

parking; b. The business that parking is shared with shall be closed during any period

of the day that such shared parking is being used to meet the requirements for an increased occupant load as specified in the special use permit;

c. Legal documentation acceptable to the City ensuring the facility's ability

to have access to the shared parking for the term of the proposed special use permit shall be submitted with the application;

d. All shared parking shall be located on property abutting the land

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containing the facility; e. The facility shall be posted with two alternate occupant loads, which shall

specify the hours when each load is in effect. The first load shall be based on the parking solely available to the facility. The alternate load shall be based on the parking solely available to the facility, together with the shared spaces.

3. All facilities shall provide enclosed trash structures either inside or outside of the

facility of sufficient size to adequately and sanitarily contain all trash produced by the facility. The management shall be responsible for the policing of all trash associated with the operation of the facility.

4. The initial special use permit may be granted for a period of up to 12 months,

with renewals for one-year periods thereafter provided all standards of performance are being met.

5. Taverns shall also be subject to the requirements contained in Chapter 5.12 of the

Code.

J. Temporary uses of land for commercial or industrial purposes. Special use permits for temporary uses of land for commercial or industrial purposes may be granted for a period not to exceed two years, subject to renewal for one or more periods of time not to exceed a maximum of two years for each renewal. Any stored equipment or material shall be removed from the site on the date of expiration of the special use permit. This provision shall not be used as a means of seeking approval for occupations which are not permitted as accessory uses in residential districts under Chapter 18.390.

K. At the time of approval of any special use permit, the Governing Body may impose such

restrictions as to height or bulk of buildings or structures, yard and lot area requirements, parking requirements, open space or landscaping requirements, fencing requirements or other requirements determined to be reasonably necessary for the protection of the public health, safety and welfare of the neighborhood and the community at large. Further, the Governing bBody may require that the applicant submit a final development plan for approval by the staff, Planning Commission or Governing Body prior to the issuance of any building or site development permit.

L. Except where a longer or shorter time has been stated for a specific special use, and

except as provided below, the maximum time period for any special use permit, or any extension thereof, shall be 10 years. In cases of extreme hardship, the Governing Body may consider granting a permit, or extension thereof, for such period as is warranted under the circumstances.

M. Renewal of a special use permit is not a matter of right. The same discretion shall attach

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to a decision to renew a special use permit as existed in the original decision to grant or deny that permit; provided, however, that in considering the decision to grant or deny renewal, any factor which would be relevant to consideration of revocation shall also be relevant to consideration of renewal.

N. Retail sale of building supplies, with outside storage in excess of 20 percent of the

ground floor area of the building in a CP-2 District.

Approval or disapproval shall be based on the following criteria in addition to the criteria specified in Section 18.140.150 E: 1. The compatibility of the open storage area to the surrounding or proposed land

use of adjacent properties. 2. The size of the open storage area in relation to the size of the main retail structure. 3. The amount of storage area under roof. 4. The amount, type, and quality of screening of the open storage area.

5. The ability of emergency vehicles to enter and maneuver through the site.

O. Communication facilities, towers and communication antennas.

1. The definitions in Section 18.395.020 shall apply to Special Use Permits for communication facilities. Communications towers and communication antennas are permitted in the following districts by special use permit:

a. District A. b. District R-1 and other residential districts when the property is Master

Planned for uses other than very-low or low density residential. c. As a secondary use to a non-residential use in a residential zoning district

where the tower:

(1) Is designed as an architecturally compatible element, but exceeds the height limitations of the zoning district or any permitted height exceptions.

(2) Is not architecturally designed.

d. In residential districts, communication antennas located on a non-

residential structure located on property developed with residential uses. e. On public lands and public and private parks and golf courses.

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f. As a secondary use in Districts RP-3, RP-5, and RP-6. g. As a secondary use in Districts C-O, C-1, C-2, C-3, BP and corresponding

planned districts.

2. Each application for a special use permit for a communications tower shall be accompanied by the following information follow the process and submit the required information listed in Section 18.395.050.:

a. Preliminary development plan. b. A report from a licensed professional engineer which describes the tower's

capacity, including the number and type of antennas it can accommodate. c. A study comparing all potential host sites within an approximate one-half

mile radius of the subject site. Potential sites shall include existing buildings and towers in excess of 100 feet and properties where towers are permitted by-right or by special use permit. The Director of Planning and Development Services, the Planning Commission or the Governing Body may require the review of additional sites pending review of the initial study. The study shall include a description of the surrounding sites, a discussion of the ability or inability of the site/tower to host a communications facility and the reasons why the site/tower was excluded from consideration. The applicant must demonstrate to the City’s satisfaction that the alternative site or tower is not available due to one or more of the following reasons:

(1) Unwillingness of the owner to entertain a communications facility

proposal. (2) Topographic limitations of the site. (3) Adjacent impediments that would obstruct adequate

communication tower transmission. (4) Physical site constraints that would preclude the construction of a

communication tower. (5) Technical limitation of the system. (6) The planned equipment would exceed the structural capacity of

existing and approved towers and facilities, considering existing and planned use for those facilities.

(7) The planned equipment would cause radio frequency interference

with other existing or planned equipment, which cannot be

27

reasonably prevented.

(8) Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably.

(9) The applicant demonstrates that there are other limiting factors that

render existing towers and structures unsuitable.

d. A photo simulation of the proposed facility from affected residential properties and public rights-of-way as coordinated with the Planning staff.

e. An explanation of the need for the facility to maintain the integrity of the

system. A map showing the service area of the proposed tower shall be made available to the staff, the Planning Commission and/or the Governing Body upon request.

f. A signed statement from the applicant indicating their intention to share

space on the tower with other providers. g. A copy of the lease between the applicant and the landowner. The lease

shall contain the following provisions:

(1) The landowner and the applicant shall have the ability to enter into leases with other carriers for co-location.

(2) The landowner shall be responsible for the removal of the

communications tower or facility in the event the lessee fails to remove it upon abandonment.

3. A request for a Special Use Permit for a communication facility shall use the

location criteria in Section 18.395.060.An initial request for a special use permit shall be limited to five years. At the time of renewal the applicant shall demonstrate to the satisfaction of the City that a good-faith effort has been made to cooperate with other providers to establish co-location at the tower site. Good-faith effort shall include, but is not limited to, timely response to co-location inquiries from other providers and sharing of technical information to evaluate the feasibility of establishing co-location. Failure to demonstrate that a good-faith effort has been made may result in the denial of the request for a renewal.

4. A Special Use Permit for a communication facility shall be subject to the

performance standards listed in Section 18.395.070.Height - The maximum height which may be approved for a communications tower is 150 feet. A lightning rod, not to exceed 10 feet, shall not be included within the height limitations. All new towers in excess of 100 feet shall be designed to accommodate at least two additional providers. The location of additional antenna on a legally existing

28

tower shall not require additional approval from the Planning Commission or Governing Body.

5. An initial request for a Special Use Permit shall be limited to five (5) years. At

the time of renewal the applicant shall demonstrate, to the satisfaction of the City, that a good faith effort has been made to cooperate with other communication service providers to establish co-location at the facility. Good faith effort shall include, but is not limited to, timely response to co-location inquiries from other providers and sharing of technical information to evaluate the feasibility of establishing co-location. Failure to demonstrate that a good faith effort has been made may result in the denial of the request for renewal. Tower color - All towers shall maintain a galvanized finish unless otherwise required by the Planning Commission or Governing Body.

6. Tower design - All communication towers shall be of a monopole design unless

required by the Planning Commission or Governing Body to be architecturally compatible to the surrounding development.

7. Setbacks - Towers and accessory buildings shall meet the setbacks of the zoning

district in which they are located unless greater setbacks are required by the Planning Commission or Governing Body. The setbacks for towers located on residentially zoned property which is Master Planned for a use other than very-low density or low density residential shall be determined at the time of the special use permit.

All towers, except those designed as an architecturally compatible element in terms of material, design and height to the existing or proposed use of the property, shall be setback 200 feet from any surrounding property which is zoned for single-family development, R-2, RP-2 or RP-4. Provided, however, that the distance may be reduced or waived by the Planning Commission or the Governing Body where the residentially zoned land is Master Planned for uses other than very-low density or low-density residential.

8. Separation Requirements - All communication towers except those designed as an

architecturally compatible element in terms of material, design and height to the existing or proposed use of the property shall comply with the following separation requirements:

TOWERS IN EXCESS OF 100'

TOWERS LESS

THAN 100' TOWERS IN EXCESS OF

100'

1,500'

1,000

TOWERS

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TOWERS IN

EXCESS OF 100'

TOWERS LESS

THAN 100' LESS THAN

100' 1,000 1,000

9. The Planning Commission or Governing Body shall have the ability to grant a

deviation from the setback and separation standards subject to Section 18.150.070 (H). In support of a deviation request from the separation requirements, the applicant shall submit a technical study acceptable to the City which confirms that there are no other suitable sites available within the separation requirements.

10. Parking areas and drives - All parking areas and drives associated with the

communication tower shall comply with Section 18.430.020 except that the Planning Commission or Governing Body may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes.

11. Equipment Storage - Mobile or immobile equipment not used in direct support of

a tower facility shall not be stored or parked on the site of the communication tower unless repairs to the tower are being made.

12. Accessory Uses - Accessory uses shall include only such buildings and facilities

necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage area, nor other similar uses not necessary for the transmission function.

All accessory buildings shall be constructed of building materials consistent with the primary use of the site and shall be subject to site plan or final development plan approval. Where there is no primary use other than the tower, the building materials for the accessory building shall be subject to the review and approval of the Planning Commission and/or Governing Body.

13. Lighting - Communication towers shall only be illuminated as required by the

Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of a tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

14. Screening - The base of the tower shall be screened from view with a solid

screening fence a minimum of six feet in height. The materials of the fence, including any proposed razor wire or other security wire, shall be subject to the review and approval of the Planning Commission or Governing Body. The Planning Commission or Governing Body shall have the ability to waive the required screening where the design of the accessory building is architecturally compatible to the primary use of the property.

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15. Landscaping - A landscaping plan shall be required in accordance with Section 18.450.040. A continuous landscaped area shall be provided around the perimeter of the accessory building or screening wall. All plant materials are subject to Section 18.450.060 and shall include a mixture of deciduous and coniferous planting materials. Drought tolerant plant materials are encouraged. Where the visual impact of the equipment building would be minimal, the landscaping requirement may be reduced or waived by the Planning Commission or Governing Body.

16. Removal of Abandoned Antennas and Towers - Any antenna or tower that is not

operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of a receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

P. Sale of used passenger cars in conjunction with a new car dealership.

1. The property must be zoned District CP-2 or C-2. 2. The net site area of the used car facility shall not exceed 50 percent of the net site

area of the new car dealership. 3. The property line of the used car facility must be within 300 feet of the property

line of the new car dealership that it will operate in conjunction with. 4. A site plan must be submitted which clearly defines the location of all used

vehicle display areas, as well as employee and customer parking. 5. The new car dealership must be a licensed "new vehicle dealer" and the used car

facility must be a licensed "used vehicle dealer" under the laws of the State of Kansas. The used car facility must be licensed to the same person as the new car facility.

6. The used car facility must use, and maintain on all signage, the same trade name

and the same manufacturers' brand name as the new car dealership, with the addition of the words "used cars" or their equivalent.

7. The operation of the used car facility must be governed by an agreement with the

same first or second stage manufacturer or distributor as the new car dealership. 8. Documentation of compliance with these performance standards must be

submitted with the application for a special use permit.

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9. The initial special use permit shall be for up to ten years. Any subsequent renewals may be for a period not to exceed ten years. Criteria for said renewals shall include, but not be limited to, whether or not the maintenance and appearance standards, and the manner of display of vehicles, of the used car facility have been equal to or greater than the new car dealership.

Q. Animal hospital means a building or group of buildings used primarily for providing

acute or emergency in-patient services within a completely enclosed building for the diagnosis, treatment, or medical and surgical care of sick or injured animals operating on a not less than twenty-four hours, seven days a week basis. Such hospitals may include related facilities such as laboratories, out-patient department, and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operation and does not include any outdoor facilities such as kennels, non-medical boarding, pet runs and enclosures unless specifically approved as part of the special use permit.

R. Indoor self-storage facilities

1. Indoor self-storage facilities shall only be permitted in the C-2, CP-2, C-3 or CP-3 districts.

2. In consideration of the special use permit request, the Planning Commission and

Governing Body shall consider the prominence of the proposed location in relation to surrounding commercial development, the potential impact of the storage facility on the character and economic vitality of those surrounding developments, and the appropriateness of the Land Use Intensity Guidelines.

3. The storage facility shall not adversely alter the architectural design of a shopping

center, and shall conform to the Shopping Center Design Guidelines.

4. At the final development plan stage, the applicant shall demonstrate that the facility can be converted without major structural changes into a space suitable for a generic retail business.

5. All operations shall be within a fully enclosed climate controlled building.

Overhead doors or other means that directly access storage space from outside the building are prohibited.

6. Setbacks shall be provided as required by the underlying zoning district.

S. Transportation facilities

1. Preliminary and final site plan approval shall be required for all transportation facilities. Preliminary and final site plans shall include, but not be limited to, the following: adequate employee parking areas for the facility, parking and storage areas for all buses and other vehicles, structures for administration, maintenance

32

and repairs, and screening of the facility. 2. All parking and vehicle storage areas shall be screened from view from all

adjacent public streets and adjacent property. The screening technique and materials are subject to review and approval by the Planning Commission and Governing Body.

3. All maintenance and repair of any vehicles shall be conducted inside of a

permanent structure. 4. All inoperable vehicles shall be stored inside a permanent structure or removed

from the facility. 5. Transportation facilities shall not have a common property line with property

identified as low-density or very-low-density on the cCity’s Future Development Plan map.

SECTION 9. Overland Park Municipal Code Section 18.370.050 is hereby amended to read as follows: 18.370.050 Revocation of special use permits A. Basis for revocation

Any special use permit granted under the authority of this cChapter is subject to revocation for any or all of the following reasons:

1. Non-compliance with any applicable requirement set forth in Section 18.370.040. 2. Non-compliance with any special conditions imposed at the time of approval of

the special use permit. 3. Violation of any provisions of the Code pertaining to the use of the land,

construction or uses of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee.

4. Where conditions in the neighborhood have changed to the extent that approval of

the permit would be clearly unwarranted if being applied for at the time of revocation.

5. Violation of any other applicable Code provisions or any state or federal law or

regulation by the permittee or agents of the permittee, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of the permittee or its agents to engage in such conduct or activity.

B. Procedure for revocation

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1. The Governing Body may initiate revocation proceedings by a majority vote of the members present and voting at the meeting.

2. Unless the permittee and landowner agree in writing that the permit may be

revoked, the Governing Body shall hold a public hearing to consider the revocation of the special use permit.

3. The City shall give the permittee and landowner notice of the scheduled

revocation hearing at least five days prior to the date scheduled for such hearing. If the permittee and landowner are present at the meeting of the Governing Body at which the revocation proceedings are initiated, no further notice shall be required; otherwise, notice shall be given by personal service or certified mail, return receipt requested. If the notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in the official City newspaper and by posting a notice of hearing on the property at least five days prior to the date scheduled for the hearing.

4. At the hearing, the City Attorney, or his or her designee, shall present the

evidence known to the City which may justify revocation of the special use permit. Testimony may be presented by members of the City staff, Planning Commission or Governing Body, or by such other witnesses as may be called by the City Attorney. Following the presentation of evidence by the City Attorney, any person having relevant evidence may present such evidence to the Governing Body. The permittee, landowner or their attorney may pose questions to any person giving evidence under such conditions as may be imposed by the Mayor or presiding officer. Following the presentation of evidence by the City and any other persons, the permittee and landowner shall be entitled to present evidence or testimony of witnesses. Members of the Governing Body and the City Attorney, or his or her designee, shall be allowed to pose questions to the permittee, landowner and any witnesses called on their behalf. Following the receipt of their evidence, the public hearing shall be closed. After closing the public hearing, the Governing Body may hear closing statements from the City Attorney, or his or her designee, and the permittee and landowner or their attorney. The Governing Body may render its decision following such closing statements or may take the matter under advisement.

5. No special use permit shall be revoked unless a majority of the Governing Body

is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. In addition, where the basis for revocation is "changed conditions" pursuant to subsection A.4. of this sSection, revocation may only occur upon an explicit finding that revocation is necessary for the protection of the public health, safety and welfare. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law, at the discretion of the Governing Body.

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6. An appeal of any decision of the Governing Body to revoke a special use permit may be filed in the District Court of Johnson County, Kansas, pursuant to K.S.A. 12-760, or amendments thereto. Any appeal taken shall not suspend the order of revocation during the pendency of the appeal unless so ordered by the District Court.

SECTION10. Overland Park Municipal Code Chapter 18.395 is hereby added to read as follows:

CHAPTER 18.395 COMMUNICATIONS FACILITIES

18.395.010 Statement of Intent The Telecommunications Act of 1996 affirmed the City of Overland Park’s authority concerning the placement, construction, and modification of communication facilities. The intent of this Chapter is to ensure the provision of quality communications services within the City limits; establish a fair and efficient process for the review and approval of communication facility applications; assure an integrated, comprehensive review of environmental impacts of such facilities, and promote public safety, security, and the general welfare of the City. 18.395.020 Definitions For purpose of this Ordinance, and where consistent with the context of a specific Section, the defined terms, phrases, words and abbreviations and their derivations shall have the meanings given in this Section.

“Antenna” will refer to Overland Park Municipal Code Section 18.110.052. “Accessory Facility or Structure” shall mean an accessory facility, building, or structure(s) serving or being used in conjunction with communication towers and/or antennas, and generally located on the same property or lot as the communication tower and/or antenna, including, but not limited to, utility or transmission equipment storage sheds or cabinets. “Application” shall mean all necessary and appropriate documentation that an applicant submits in order to receive approval for a communications facility. “Co-location” shall mean the use of an existing tower or structure to support antenna for the provision of a communication service. “Modification or Modify” shall mean the addition, removal or change of any of the physical and noticeably visible components or aspects of a communications facility such as antenna, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any noticeably visible components, vehicular access, parking, upgrade or exchange of equipment for better or more modern equipment. Modification shall not include replacement of such components in kind. A co-location which changes the physical configuration of the existing facility or structure shall be

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considered a modification. The Director shall determine when changes such as enlarging the ground-mounted equipment area, increasing the screen wall height or installing additional equipment changes the physical and noticeably visible aspects of a communication facility. “Replacement” shall mean replacement of an existing structure, antenna or tower that exists on a previously approved site, utility easement, or an approved special use permit area as long as the new tower is no greater than an additional 20 percent of the height of the original tower. A replacement tower shall be within fifteen (15) feet, as measured horizontally along the ground, of an existing tower, and the existing tower shall be removed within thirty (30) days from the installation of the replacement tower. The Director may approve a separation greater than fifteen (15) feet and a longer time frame than thirty (30) days. “Communication Tower” will refer to OPMC Section 18.110.122.

“Communications Facility” shall mean a structure, facility, or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices used in communication services. This includes without limit, towers of all types, kinds, and structures, including but not limited to buildings, church steeples, water towers, signs, or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment, such as cabling, equipment shelters, and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving, cellular, Specialized Mobile Radio (SMR), personal communications services, commercial satellite services, microwave services, radio, television, and any commercial communication service not licensed by the Federal Communication Commission [FCC]. “Stealth” or “Stealth Technology” shall mean using the least visually and physically intrusive facility by minimizing adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and generally in the same area as the requested location of a communication facility. Specifically, this means ensuring that all antenna arrays, cables, and other equipment used for providing the communications service is not obtrusive or noticeably visible from adjacent properties or adjacent right-of-ways. Any equipment mounted onto a tower or structure shall not project greater that one (1) foot, as measured horizontally, from the surface of the tower or structure and shall be painted or screened with a materials that is a complementary color as the tower or structure. Cables shall not be allowed to travel along the exterior of a tower or structure. Understanding that new technologies are anticipated to change the components of communication facilities, the Director may determine if a communication facility or component of a facility is designed to be stealth.

18.395.030 Overall Policy In order to ensure that the placement, construction, and modification of communications facilities protect the public safety, security, and general welfare of the City, the following policies are hereby adopted:

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A. Optimize the number of wireless facilities in the City of Overland Park. B. Maximize the opportunities for user co-location on existing wireless facilities and

maximize replacement strategies. C. Comply fully with established planning guidelines regarding land use and

performance standards. D. Emphasize the use of stealth technology communications facilities and use

existing facilities instead of building new facilities. E. Protect the public interests, where practical and applicable.

18.395.040 Application Approval Authority A. The Director may approve applications for communications facilities for the following

uses: 1. New communication antennas on existing structures, buildings or facilities in

accordance to the performance standards as permitted by right in the underlying zoning district.

2. Co-location onto an existing communications facility.

3. Replacement of an existing structure, antenna, or tower to accommodate a

communication service. 4. New towers as permitted by right in the underlying zoning district.

B. Modification of existing communications facilities with new facilities, including the

addition of new accessory structures and ground equipment where none previously existed, will follow the approval process for permitted nonresidential uses in residential areas as outlined in OPMC Section 18.140.200.B.

C. All new communications facility locations, unless permitted by right in the underlying

zoning district, will require a Special Use Permit (SUP) and follow the SUP approval process as outlined in OPMC Section 18.140.150.

18.395.050 Application Process and Requirements A. Pre-Application Conference - A pre-application conference is required before filing an

application for the replacement, modification or construction of a new communication facility, unless waived by the Director. The purpose of the pre-application conference is to ensure the applicant understands all requirements, establish a tentative timeline, and determine the approval authority for the application. The pre-application conference

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should address issues that will expedite the review and approval process. B. Application Fee - At the time the application is filed for a communication facility, the

applicant will pay a non-refundable application fee as determined in the current version of the Governing Body resolution establishing fees for the development process.

C. Application Requirements - In addition to all other required information as stated in this

Section, all applications for the co-location, modification, replacement, or construction and installation of new communication facilities may include, as determined by the Director, the information and requirements hereinafter set forth:

1. A preliminary development plan. 2. Descriptive statement of the objective for the new facility or modification

including and expanding on a need such as coverage, capacity, or area penetration.

3. Documentation that demonstrates the performance of the desired service. Such

documentation shall include propagation studies of the proposed site and all adjoining, planned, proposed, in-service or existing sites that demonstrate a gap in coverage or capacity.

4. A Visual Impact Assessment which may contain, but is not limited to the

following:

a. A Zone of Visual Influence map up to a distance of one mile or a distance as determined appropriate by the Director from the proposed facility, with and without foliage, to determine locations from which the proposed facility may be seen.

b. A descriptive statement as to the visual impact of the proposed facility

including as applicable, the tower base, guy wires, fencing, and accessory facilities from abutting and adjacent properties and streets.

c. Digital pictorial representations of “before and after” (photo simulation)

views from key viewpoints as may be appropriate and determined by the Zone of Visual Influence Map.

5. If a tower is being constructed, modified, or replaced, documentation justifying

the total height of the tower, facility and/or antenna may be requested and the basis therefore. Documentation will be in the form of propagation studies and must include all modeling parameters and back-up data used to perform the propagation studies at the requested height and at a minimum of ten (10) feet lower height to allow for verification of the height requested. Such documentation shall be reviewed in the context of optimizing the height of the proposed tower or co-location to provide adequate service.

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6. A letter from the applicant stating that the proposed communication facility and

any accessory structures and/or landscaping shall be maintained within City ordinances, under what arrangement, and by whom.

7. Prior to the issuance of a building permit, a report from a licensed professional

engineer which describes the facility’s structural capacity, including a statement to the effect that the facility can safely accommodate all antennas and/or accessory equipment. This may include structural calculations, geotechnical foundation studies, and other data as determined by the Director, as applicable, and in compliance with all City codes.

8. A comprehensive study comparing all potential host sites within an approximate

one mile radius of the proposed site. Potential sites shall include existing buildings and towers in excess of 35 feet and structures where antennas are permitted by right or by special use permit. The comprehensive study shall include a description of the surrounding sites, a discussion of the ability or inability of the proposed site to accommodate the applicant’s requirements and reasons why the potential site was excluded from consideration. The applicant must demonstrate to the City’s satisfaction that an alternative or higher priority location site as defined in Section 18.395.060 is not available due to one or more of the following reasons:

a. Unwillingness of the owner to entertain a communication facility. b. Topographic constraints. c. Adjacent impediments that would obstruct adequate communication

service performance. d. Physical site constraints that would preclude the construction of a

communication facility. e. Technical limitation of the proposed service and/or system. f. Existing facilities and/or structures do not have adequate space on which

proposed equipment can be placed to operate efficiently. g. Other limiting factors that render the site unsuitable.

9. A landscape plan that demonstrates the effective screening of the proposed facility and any accessory facilities. A preliminary plan shall include a conceptual landscape plan and a final development plan shall include a landscape plan sealed by a professional landscape architect.

10. If an existing facility is to be used, a report from a licensed professional engineer,

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describing the condition of the existing facility based on a physical inspection and its ability to accommodate any additional equipment and/or antennas.

11. A signed statement from the owner of the tower or facility indicating their

intention to share space on the tower or facility with other providers. 12. If security lighting is to be used, the applicant may be required to submit a

photometric plan to ensure that lighting is unobtrusive and inoffensive and that no light is directed towards adjacent properties or rights-of-way.

13. Certification that the proposed communication facility complies with all Federal

Communications Commission standards. 14. A signed copy of the lease between the applicant and the land owner, if

applicable, shall be provided to the City prior to the issuance of a building permit. The lease shall contain the following provisions:

a. The lease shall not preclude the ability to enter into leases with other

providers for co-location; and b. The landowner shall be responsible for the demolition and/or removal of

the facility in the event the lessee fails to remove it upon abandonment. c. Any sublease or sale of the facility shall include items a. and b. noted

above.

15. Any other information, as determined by the Director, that will assist the review and approval process for communication facilities.

D. Independent Third Party Review OPTION 1:

1. The City may hire any consultant and/or expert necessary to assist in reviewing and evaluating the application including the construction and modification of the site, and any site inspections.

2. The applicant shall deposit funds with the City sufficient to reimburse the City for

all reasonable costs of consultants and expert evaluation and consultation to the City in connection with the review of any application where applicable, the pre-approval evaluation, and the construction and modification of the site once permitted. The initial deposit shall be $7,500.00. The placement of the $7,500.00 with the City shall be made upon filing the application. The City will maintain a separate account for all such funds. The City’s consultants/experts shall invoice the City for its services related to the application. In the event that the amount held in escrow by the City is more than the amount of the actual invoicing at the

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conclusion of the project, the remaining balance, shall upon request of the applicant, be returned to the applicant within thirty (30) days after receipt of the request.

3. The total amount of the funds needed as set forth in the Section above may vary

with the scope and complexity of the application, the completeness and sufficiency of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

4. The scope of the third party review will be determined by the Director and may

vary with the scope and complexity of the application; the scope will be determined following the pre-application conference. The independent third party review will generally be focused on the technical review of communication services such as propagation studies, federal RF emissions standards, and other technical requirements to ensure that the modeling parameters and data used in developing these technical requirements are valid and representative of the proposed communication facility.

Or

OPTION 2: 1. The applicant may be required to provide an independent review of the

application as determined by the Director.

2. The Director will select and approve a list of acceptable consultants to be used for the third party independent review.

3. The scope of the third party review will be determined by the Director and may

vary with the scope and complexity of the application; the scope will be determined following the pre-application conference. The independent third party review will generally be focused on the technical review of communication services such as propagation studies, federal RF emissions standards, and other technical requirements to ensure that the modeling parameters and data used in developing these technical requirements are valid and representative of the proposed communication facility.

18.395.060 Location of Communication Facilities

A. Applicants for communications facilities shall locate, site, and construct said

communications facilities in accordance with the following priorities, one (1) being the highest priority and ten (10) being the lowest priority: 1. On existing facilities on private property. 2. On existing facilities on City property such as a police station.

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3. On existing facilities on other public property such as county, school districts. 4. On existing facilities on semi-public property such as churches, private schools. 5. A new facility in an industrial area as permitted by right. 6. A new facility on City property. 7. A new facility on other public property. 8. A new facility in a commercial area. 9. A new facility on semi-public property in a residential area. 10. A new facility in a completely residential area.

B. If the proposed site is not within the highest priority listed above, then a detailed

explanation must be provided as to why a site of a higher priority was not selected as described in Section 18.395.060 above. An applicant may not by-pass sites of a higher priority by stating the site proposed is the only site leased or selected.

C. Notwithstanding the above, the City may approve any site located within an area in the

above list of priorities, provided the City finds that the proposed site is in the best interest of the public safety, security, or general welfare of the City and will not have a deleterious effect on the City.

D. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the City may disapprove an application for any of the following reasons:

1. Conflict with safety and safety-related codes and requirements. 2. Conflict with the historic nature or character of the surrounding area. 3. The use or construction of a communication facility which is contrary to an

already stated purpose of a specific zoning or land use designation. 4. The placement and location of the communication facility would create an

unacceptable risk, or the reasonable probability of such, to residents, the public, businesses, City employees, or employees of the wireless service provider.

5. Conflicts with any provision contained within this Chapter.

18.395.070 Specific Performance Standards For Communication Facilities

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A. Height - The maximum height which may be approved for a communications tower is 150 feet. A lightning rod, ten (10) feet in height or less, shall not be included within the height limitations. All new towers in excess of 100 feet shall be designed to accommodate at least two additional providers.

B. Communication Facility Color - All towers shall maintain a galvanized finish unless

otherwise required by the Planning Commission or Governing Body. C. Communication Facility Design - All communication towers shall be of a stealth or

stealth technology design unless required by the Planning Commission or Governing Body to be architecturally compatible to the surrounding development. Furthermore, all towers will be designed in compliance with all current applicable technical, safety, and safety-related codes adopted by the City.

D. Setbacks - Towers and accessory structures shall meet the setbacks of the zoning district

in which they are located unless greater setbacks are required by the Planning Commission or Governing Body. The setbacks for towers located on residentially zoned property which is Master Planned for a use other than very-low density or low density residential shall be determined at the time of the application.

All towers, except those designed as an architecturally compatible element in terms of material, design and height to the existing or proposed use of the property shall be setback 200 feet from any surrounding property which is zoned for single-family development, R-2, RP-2 or RP-4. Provided, however, that the distance may be reduced or waived by the Director, Planning Commission or the Governing Body where the residentially zoned land is Master Planned for uses other than very-low density or low density residential.

E. Separation Requirements - All communication towers, except those designed as an

architecturally compatible element in terms of material, design and height to the existing or proposed use of the property, shall comply with the following separation requirements:

TOWERS IN

EXCESS OF 100'

TOWERS LESS

THAN 100' TOWERS IN EXCESS OF

100'

1,500

1,000

TOWERS

LESS THAN 100'

1,000

1,000

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F. The Planning Commission or Governing Body shall have the ability to grant a deviation from the setback and separation standards subject to Section 18.150.070 (H). In support of a deviation request from the separation requirements, the applicant shall submit a technical study acceptable to the City which confirms that there are no other suitable sites available within the separation requirements.

G. Parking areas and drives - All parking areas and drives associated with the

communication tower shall comply with Section 18.430.020 except that the Director, Planning Commission or Governing Body may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. All access roads and turn-arounds shall be provided to ensure adequate emergency and service access.

H. Equipment Storage - Mobile or immobile equipment not used in direct support of a

communication facility shall not be stored or parked on the site of the communication tower unless repairs to the tower are being made.

I. Accessory Uses - Accessory uses shall include only such structures and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function.

All accessory structures shall be constructed of building materials consistent with the primary use of the site and shall be subject to site plan or final development plan approval. Where there is no primary use other than the tower, the building materials for the accessory building shall be subject to the review and approval of the Director, the Planning Commission and/or Governing Body.

J. Lighting - Communication towers shall only be illuminated as required by the Federal

Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of a tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or right-of-ways.

K. Utilities - All utilities at a communication facility site shall be installed underground and

in compliance with applicable codes. L. Security - All communication facilities shall be located, fenced, or otherwise secured in a

manner that prevents unauthorized access.

M. Screening - Accessory facilities or structures located at the base of a tower shall be screened from view with a solid screen wall a minimum of six feet in height. The materials of the wall, including any proposed razor wire or other security wire, shall be subject to the review and approval of the Planning Commission or Governing Body. The Planning Commission or Governing Body shall have the ability to waive the required screen wall where the design of the accessory building is architecturally compatible to the primary use of the property.

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N. Landscaping - A landscaping plan shall be required in accordance with Section 18.450.040. A continuous landscaped area shall be provided around the perimeter of the accessory building or screening wall. All plant materials are subject to Section 18.450.060 and shall include a mixture of deciduous and coniferous planting materials. Drought tolerant plant materials are encouraged. Where the visual impact of the equipment building would be minimal, the landscaping requirement may be reduced or waived by the Planning Commission or Governing Body.

O. Removal of Abandoned Antennas and Towers - Any antenna or tower that is not operated

for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of a receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

SECTION 11. Existing Overland Park Municipal Code Sections 18.180.070, 18.245.050, 18.250.050, 18.275.050, 18.300.050, 18.370.010, 18.370.030, 18.370.040 and 18.370.050 are hereby repealed. SECTION 12. This ordinance shall take effect and be in force from and after its publication in an official City newspaper. PASSED by the City Council this 2nd day of March, 2009. APPROVED by the Mayor this 2nd day of March, 2009.

Carl Gerlach, Mayor

ATTEST: Marian Cook City Clerk APPROVED AS TO FORM: J. Bart Budetti Senior Assistant City Attorney

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