This article is intended to enhance the compatibility of adjacent land uses, provide an orderly transition between developments of varying intensity, and encourage development consistent with the community’s character. This article establishes minimum buffering requirements and applicable standards where compatibility cannot be achieved by other means such as judicious siting of structures on the site, providing open space or greenways to separate uses, or another appropriate means of providing transition.
A. The provisions of this article shall apply as follows.
1. New land uses and structures approved or established.
2. Existing land uses and structures that are altered or modified, and:
a. Expand the size of the use or structure.
b. Change the type of use or structure.
c. Change the intensity or density of the use or structure.
B. Specific exemptions from these requirements are:
1. Minor repairs and routine maintenance to existing structures or properties.
2. Any alteration, modification, or establishment of a use or structure that is otherwise exempted.
C. Visual and aesthetic compatibility between land uses shall be maintained by using an acceptable visual buffer, which shall include screening fences/walls, landscape screen, earthen berms, or a distance deemed appropriate by the Zoning Administrator that achieves the desired compatibility.
D. Visual buffers shall be required based on the scenarios listed below for all structures and uses meeting the above applicability criteria. Each scenario indicates visual buffer requirements for lots meeting specific zoning or primary use conditions that are located adjacent to lots with specific lower intensity uses or zoning.
1. Scenario 1 - A visual buffer shall not be required for lots with: A) an agricultural primary use; B) a single-family residential primary use; C) C-1 zoning and a legal conforming primary use.
2. Scenario 2 - A visual buffer SHALL BE REQUIRED for all lots with: A) a primary use other than single- family residential; B) C-2 zoning; C) C-3 zoning; D) I-1 zoning WHEN located adjacent to any lot with: A) a single-family residential primary use; B) R-R zoning; C) R-1 zoning; D) R-2 zoning.
3. Scenario 3 - A visual buffer SHALL BE REQUIRED for all lots with: A) C-2 zoning; B) C-3 zoning; C) I-1 zoning WHEN LOCATED ADJACENT TO any lot with: A) R-3 zoning.
4. Scenario 4 - A visual buffer SHALL BE REQUIRED for all lots with: A) I-1 zoning WHEN LOCATED ADJACENT TO any lot with: A) M-1 zoning; B) C-1 zoning; C) C-2 zoning; D) C-3 zoning.
5. Scenario 5 - When a visual buffer is required, any lot that is five (5) acres in area or larger MAY UTILIZE AN EARTHEN BERM TO SATISFY THE REQUIREMENT, subject to applicable design standards.
6. Scenario 6 - For all lots with PDO overlay zoning, visual buffer requirements shall be determined according to the corresponding base zoning districts and primary uses per Scenarios 1 - 5 (i.e. visual buffers shall apply as if no PDO existed).
E. When deemed necessary to enhance land use compatibility, the Planning Commission or City Council may impose a visual buffer requirement as a condition of approval for any zoning action.
F. The City Council may defer any visual buffer requirement that is triggered by the zoning district of an adjacent lot when such adjacent lot is vacant at the time of zoning approval. All such deferments shall expire one-hundred and eighty (180) days after a Building Permit is issued on the adjacent vacant lot, within which time the visual buffer shall be constructed.
The following general provisions shall apply when a visual buffer is required per Section 09.02.D.
A. Visual buffers shall only be required along lot lines shared with a lot that triggers such requirement; provided subject lot lines shall be buffered along the full length, not just the shared length.
B. Visual buffers shall be required along alley and local street frontages only if the lot with opposite frontage has a triggering use or zoning. They shall not otherwise be required along street frontages. This shall not apply to supplemental landscape buffer requirements per Section 09.05.
C. Visual buffers shall not be required along natural barriers that are at least fifty (50) feet wide, such as rivers and wooded areas.
D. Visual buffers for off-street parking facilities and outdoor storage areas shall not be required on any side requiring a visual buffer along a perimeter lot line, which would serve the same purpose.
E. No visual buffer shall be allowed to cross a driveway or obstruct the sight triangle of a street, alley, or driveway intersection.
A. Screening fences and walls shall meet applicable provisions of the Building Code with regard to design, construction materials and methods, and foundations. In addition, the following shall apply.
1. Design and construction shall minimize the visual impact of subject uses and structures from outside of that lot. The vertical faces of each horizontal section between posts/columns shall have a minimum ten percent (10%) open space, with consistent spacing between vertical pickets/slats.
2. Construction materials and colors shall complement the architecture of the primary structure on the lot and adjacent structures.
a. Fence posts and rails shall be sufficient strength to support the horizontal rails and vertical facing materials. Pickets/slats shall be wood, metal, vinyl/PVC, or composite materials.
b. Walls shall be constructed of masonry such as concrete panels, brick, stone, or cinder blocks. Aesthetic finishes such as stucco may be used, as appropriate to the environment.
c. Alternate materials may be used provided they are comparably durable and the finished look approximates that of a required material.
3. Along lot lines, shall be between six (6) feet and eight (8) feet in height. Perimeter screening around off-street parking, loading, and outdoor storage areas, when not located on lot line, shall measure between three (3) feet and four (4) feet in height. Height shall be measured from the adjacent ground elevation to the top of the vertical face.
4. Reasonable modifications to these standards may be allowed to avoid hazards to animals or people; preserve safe traffic operations; or minimize negative impacts to surrounding properties.
B. Landscape screens shall be planted with a variety of trees, bushes, or shrubs, which shall be designed to meet standards within thirty-six (36) months of occupancy. In addition, the following shall apply.
1. Shall have a height of at least six (6) feet above grade along the entire length. No six (6) linear foot segment shall contain more than thirty percent (30%) open space or offer a direct view through the screen at any point higher than two (2) feet above grade.
2. Shall be provided along subject lot lines within a depth of ten (10) feet. No other uses except approved driveways and signs shall be allowed in a required landscape screening area.
3. Plant selection shall consider drought tolerance, species nativity, mature growth, and other such characteristics. Vegetation shall not overhang the public right-of-way such that it obstructs vehicular, pedestrian, or bicycle traffic or restricts access to any property.
C. Earthen berms used per Section 09.02.D.5 shall be designed to avoid flooding and other storm water drainage impacts both on- and off-premise. In addition, the following shall apply.
1. Shall be at least thirty (30) feet in width at the base and at least four (4) feet in height, as measured perpendicular to grade level at any point along its length.
2. Side slopes shall have a gradient no steeper than three to one (3:1) and shall be sodded to prevent erosion. Bank stabilization materials and devices shall be used as necessary.
3. The top of berms shall be planted with landscaping meeting the standards of Section 09.04.B, except that the minimum height shall be three (3) feet at mature growth height.
To encourage compatible aesthetics and character, supplemental landscape provisions shall be provided in addition to other compatibility provisions.
A. Perimeter landscaping shall be installed in required yards along street frontages of lots zoned R-1, R-2, or R-3 having a primary use other than single-family residential; and lots zoned C-2, C-3, or I-1 with arterial street frontage. Perimeter landscaping shall be planted in required yards along street frontages as follows.
1. This shall not include highway frontages.
2. One (1) tree or shrub shall be planted for every forty (40) feet of street frontage. Fractional calculations shall be rounded up. These may be planted in any configuration within fifteen (15) feet of the street line that is not within a sight triangle and at least eight (8) feet from underground utilities and paving. Trees with an expected mature growth height over twenty (20) feet shall not be placed beneath overhead utility lines.
3. Tree species shall be selected from the published recommendations of the Kansas Forest Service for south central Kansas. All plants shall be selected in consideration of site conditions and the factors listed in Section 09.04.B. See Appendix A for species lists and additional guidance.
4. Selected trees shall have a maximum expected mature growth height of thirty (30) feet and shall have a minimum caliper diameter of two (2) inches at the time of planting.
5. Up to fifty percent (50%) of the planting requirement may consist of shrubs having an expected mature growth height of at least two (2) feet. No more than thirty percent (30%) of the planting requirement shall consist of evergreen tree or shrub species.
B. Paved off-street parking areas shall include curbed landscaped islands covering at least ten percent (10%) of the area occupied by required parking stalls, driveways, and drive aisles, subject to the following provisions.
1. Be distributed throughout parking areas such that no single island exceeds twenty-five percent (25%) of the requirement.
2. Meet all other provisions applicable to landscape screens, with the exception of Section 09.04.B.1 and Section 09.04.B.2, which are related to screening height, density, and location.
3. Landscaped islands shall not be required for lots with a single-family residential primary use, lots under two (2) acres in area, and lots with C-1 zoning.
A. A buffer and landscape plan shall be submitted with the Development Site Plan. Such plans shall be designed by an appropriately credentialed professional.
1. Screening fences/walls must be designed by a licensed architect or engineer only when required by the Building Code or other applicable regulations.
2. All landscaped areas must be designed by a licensed landscape architect or certified landscape designer, including those located on berms.
3. Earthen berms shall be designed by a licensed engineer or landscape architect.
B. Such plans shall include sufficient detail and information to determine compliance with buffer requirements. At a minimum, this shall include:
1. Fences/Walls: Location, type, height, and materials.
2. Landscaped Areas: Location, planting specifications and details, mature size, and plant identification (common and botanical names).
3. Berms: Location, dimensions, cross-section, and materials (list and quantities).
A. Installation: All visual buffers and landscaping shall be installed according to the approved Development Site Plan and found in good condition when inspected for occupancy. A temporary Certificate of Occupancy may be issued for a period of six (6) months from the inspection date if the season or weather conditions are unsuitable for planting. If landscaping is found to be non-compliant or in poor condition at the time of final inspection, the temporary certificate may be revoked by the Zoning Administrator or Building Inspector.
B. Maintenance: Required visual buffers and landscaping shall be maintained in good condition and in compliance with these regulations and applicable conditions of approval. Any such items determined to be in poor condition, unsafe, or non-compliant by the Zoning Administrator or designated official may be subject to enforcement actions.
To enhance height compatibility, the following provisions shall apply to structures exempted from zoning district maximum height restrictions per Section 04.06.M, and any building that exceeds the maximum height its zoning district by virtue of any other allowance provided by these regulations.
A. These standards shall not apply to integrated or attached structures per Section 04.06.M.
B. All other structures that exceed, or are proposed to exceed applicable maximum height restrictions, shall be subject to the following height compatibility standards.
1. No structure in the I-1 zoning district shall exceed three (3) times the maximum height restriction; no structure in any other zoning district shall exceed two (2) times the maximum height restriction.
2. A height compatibility setback adjustment shall be required in order to mitigate the negative aesthetic impacts of substantial height differential between adjacent properties.
3. No structure shall be allowed to exceed the applicable zoning district maximum height without also being setback from every lot line the adjusted setback distance for height compatibility. This shall apply regardless of the means by which the height exception is approved or allowed.
C. The height compatibility setback shall be calculated as follows:
(A) Proposed structure height
(B) Zoning district maximum height
(C) Height compatibility multiplier = (A) ÷ (B); Round to nearest hundredth, down < 0.05, up ≥ 0.05 Check against exempt restrictions: 3 or less for I-1 zoning; 2 or less for other zoning districts
(D) Zoning district maximum required setback (any yard or use)
(E) Height compatibility setback = (C) X (D); Round to nearest foot, down < 0.5, up ≥ 0.5
Example Height Compatibility Setback Calculation
Scenario: The owner of a property zoned B-1 submits an application for a 50-foot flag pole.
(A) Proposed structure height = 50 feet
(B) Zoning district maximum height = 35 feet (non-residential structures)
(C) 50 ÷ 35 = 1.428; Rounded up, height compatibility multiplier = 1.43
1.43 is less than 2 times the maximum height for B-1 zoning
(D) Zoning district maximum required setback = 35 feet (front yard setback)
(E) 1.43 X 35 = 50.05; Rounded down, height compatibility setback requirement = 50 feet
The flag pole must be built at least 50 feet away from all property lot lines.