Downtown Form-Based Code

September 19, 2016

 

Part 8. Building Functions

DFD 801. General Provisions

  1. A.
    Permitted Use

    Uses are grouped into categories in DFD 802. Use Table. Permitted uses by Building Envelope Standard frontage and building story are shown. See DFD 804. Development and Performance Standards for any additional specific standards for individual uses.

  2. B.
    Use Determination
    1. 1.
      Administrator Responsibility: The Director is responsible for categorizing all uses. If a proposed use is not listed in a use category, but can be said to be reasonably similar in impact on the Form District to a listed use, the Director shall treat the proposed use as a use under that category. If a proposed use is not listed in a use category, and is fundamentally different from any other listed use, the use shall be prohibited.
    2. 2.
      Uses Not Specifically Listed: When determining whether a proposed use is similar to a use listed in DFD 802.  Use Table, including appropriate building envelope standards, the Director shall consider the following criteria:
      1. a.
        The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of each use.
      2. b.
        Types of vehicles used and their parking and or loading requirements.
      3. c.
        The likely impact on surrounding properties.
      4. d.
        The intent of the Form District.

Effective on: 1/1/1901

DFD 802. Use Table

The use table identifies the uses allowed in the respective BES (Building Envelope Standard) frontages in conjunction with DFD 804. The use table also identifies the building story(s) where each use is allowed. References for additional regulations are included for specific uses. 

 

table identifying uses allowed in respective Building Envelope Standards

 

 

 

Effective on: 1/1/1901

DFD 803. Repealed.

Effective on: 1/1/1901

DFD 804. Development and Performance Standards

  1. A.
    General
    1. 1.
      All permitted uses shall meet the DFD 402. General Provisions and those standards specified in the applicable individual Building Envelope Standard pages.
    2. 2.
      No Civic, Commerce or Workshop use is permitted above a Residential use.
    3. 3.
      Businesses providing drive-up services shall not have a drive-through lane or service window that abuts or faces a Street-Space.
    4. 4.
      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.
    5. 5.
      Communications Facilities - Communications Facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.
  2. B.
    Residential
    1. 1.
      See the General Urban BES for configuration requirements for Ground Story Residential uses.
    2. 2.
      A lobby serving an upper Story Residential use is permitted on the Ground Story of a General Storefront site.
    3. 3.
      For Workshop sites, Residential use is permitted on the top Story or upper most story only and shall not exceed 25% of the gross floor area of the entire building.
    4. 4.
      Live/Work - Where designated on the regulating plan or on a corner lot where at least one other corner is designated for Commerce Use, a townhouse is permitted to contain commerce uses where it has its ground story configured as a shop front. 
    5. 5.
      Group Living - A special use permit is required per O.P.M.C. 18.370 (subject to K.S.A. 12-736 and the Fair Housing Act). 
  3. C.
    Civic
    1. 1.
      Buildings that house Civic Uses located on civic sites specifically designated on the Regulating Plan are not subject to Part 4, Building Envelope Standards, or Part 6, Architectural Standards.
    2. 2.
      For a bus shelter, see O.P.M.C. 18.390.140.Q.
    3. 3.
      For squares and civic greens, see DFD 505. 
  4. D.
    Hotels or Motels
    1. 1.
      A lobby serving an upper Story hotel or motel use is permitted on the Ground Story of any General Storefront site.
    2. 2.
      For Detached Frontages, only Bed & Breakfast types are permitted.
  5. E.
    Recreation/Entertainment 
    1. 1.
      Recreation or entertainment uses including or similar to the following, but excluding any other use specifically requiring a special use permit: bowling alleys; pool or billiard parlors; skating rinks; indoor tennis; pickleball, or racquet courts; or indoor miniature golf or indoor golf simulators. 
    2. 2.
      A recreation or entertainment use is allowed in the upper story(s) of a building. 
    3. 3.
      Outdoor/rooftop recreation or entertainment uses require the approval of a Special Use Permit. 
  6. F.
    Restaurant/Bar, Retail Sales
    1. 1.
      Outdoor food service areas for eating/drinking establishments shall be allowed on the public sidewalk in General Urban and/or Storefront frontages, subject to:
      1. a.
        the provision of a minimum clear width of 5 feet within the Clear Walkway area; and
      2. b.
        a joint use of R.O.W. agreement
    2. 2.
      An eating/drinking establishment or Retail use is permitted in the second Story of a General Storefront or General Urban site provided it is an extension equal to or less than the area of the same Ground Story use.
    3. 3.
      An eating/drinking establishment or Retail use is permitted in the second stories or rooftop of a General Storefront and General Urban sites. For rooftop locations the use shall be set back from any Common Lot Line by at least 20 feet.
    4. 4.
      The sale and consumption of cereal malt beverages and alcoholic liquor shall be subject to the provisions set out in O.P.M.C. 18.260.050, and as required in O.P.M.C. 5.12, 5.20 and 5.48, as applicable.
      1. a.
        The Downtown Form District is hereby established as a "core commercial district" within the meaning of K.S.A. 41-710(d), and accordingly the 200 foot setback restriction of said Statute shall not apply to any liquor retailer located within the Downtown Form District in relation to any such school, college or church also located within the Downtown Form District. 
    5. 5.
      No merchandise (including motorcycles, scooters, and automotives) may be left within the Streetspace when the business is not open.
    6. 6.
      Only merchandise or a commodity manufactured on premise may be sold in the Ground story of a Workshop site.
  7. G.
    Gas Station/Auto Repair
    A gas station or auto repair shop may be permitted, subject to the following:
    1. 1.
      The use shall not include the display and rental of cargo trailers, trucks, or similar uses;
    2. 2.
      The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
  8. H.
    Industrial
    1. 1.
      Indoor Self-Storage Facilities - require special use permit approval in the General Urban Frontage. See O.P.M.C. 18-370.040.M.  

Effective on: 1/1/1901