A.

Minimum Requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare.

B.

Overlapping or Contradictory Regulations. Where the conditions imposed by the provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

C.

Private Agreements. The provisions of these regulations are not intended to abrogate any easement, deed restriction, covenant or other private agreement of legal relationship; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern. The City does not have a responsibility to enforce such private agreements.

D.

Unlawful Uses. To the extent that, and in any respect that, a use of land or structure which was not lawfully existing at the time of the adoption of these regulations is in conflict with the requirements of these regulations, said use or structure remains unlawful hereunder.

E.

Not a Licensing Regulation. Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property, to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.

F.

Effect on Existing Permits. Nothing in these regulations shall be deemed to require any change in plans, construction or designated use of any land or structure in the event that development rights are currently vested in accordance with K.S.A. 12-764.

G.

Vesting of Development Rights. Vesting and expiration of development rights created by or pursuant to these regulations shall be as provided in K.S.A. 12-764.

A.

In the construction of these regulations, the provisions and rules of this Section shall be preserved and applied, except when the context clearly requires otherwise:

1.

The present tense includes the past and future tenses and the future the present.

2.

The singular number includes the plural and the plural the singular.

3.

The word "shall" is mandatory while the word "may" is permissive.

4.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for".

5.

The word "person" includes individuals, firms, corporations, partnerships, associations, trusts, governmental bodies and agencies, and all other legal entities.

6.

The word "City" means the City of Derby, Kansas.

7.

The words "Governing Body" mean the Mayor and the Council members of the City which together constitute the governing body; provided, however, the Mayor shall only cast a vote on matters governed by the regulations in instances when a vote of the Council members results in a tie.

8.

The word "Clerk" means the City Clerk.

9.

The words "Planning Commission" mean the City Planning Commission.

10.

The word "Board" means the Board of Zoning Appeals of the City.

11.

The words "Comprehensive Plan" mean the adopted Comprehensive Development Plan for the City and surrounding Planning Area which includes, among other elements, a plan for land use.

12.

The words "zoning jurisdiction" mean the area as defined in Section 103 for which the jurisdiction of these regulations is applicable for zoning purposes.

13.

The words "City Code" mean the Derby Municipal Code.

14.

Unless otherwise specified, all distances shall be measured horizontally.

B.

Any word or phrase which is defined in this Article or elsewhere in these regulations shall have the meaning as so defined whenever used in these regulations, unless such definition is expressly limited in its meaning or scope.

C.

Words or terms not herein defined shall have their ordinary meaning in relation to the context as defined in a dictionary.

D.

Authority granted to positions and agencies by these regulations also is granted to successor positions or agencies as may be appointed from time to time and to a position or agency the authorized position or agency may grant the authority to act on their behalf.

E.

Statutory and code references in these regulations include future amendments to the statute or code.

The following definitions shall be used in the interpretation and construction of these regulations:

ACTIVE REPAIR: A term developed to differentiate between inoperable vehicles that are in the process of being made operable and those that are being stored without the benefit of ongoing repair or which are being stored for salvage purposes. For purposes of these regulations, the term active repair means vehicles or equipment that are currently undergoing necessary repairs to make them operable within thirty (30) days from the date of the violation notice.

ADMINISTRATIVE ADJUSTMENT: A minor modification or adjustment to certain provisions of these regulations. See Section 1006 of these regulations for more information.

ADULT CARE CENTER: A facility in which care and activities are provided on an hourly or daily basis for adults of all ages. The latter arrangement is not construed to be a "nursing home." Such centers may or may not be licensed or registered under regulations established and administered by the Kansas Department of Health and Environment unless warranted by the particular services provided and shall include "home plus" facilities.

ADULT CARE HOME: A residential facility operated as a home occupation for not more than four adults wherein care and activities are provided on an hourly or daily basis or limited nursing care is provided on a 24-hour basis which may or may not be regulated and/or licensed by the Kansas Department of Health and Environment.

ADULT ESTABLISHMENT: An adult entertainment establishment or adult cabaret establishment as defined by Chapter 5.32.020 of the City Code.

AGRICULTURE: The use of land for growing crops in the open, horticulture, nurseries, truck farms, community gardens and accessory uses including structures not in a designated flood plain for carrying out agricultural operations; provided, however, such agricultural use shall not include the following uses: (See Section 300.E.4. for Exemptions).

1.

Retail sales as an accessory use, unless the same are permitted by these regulations;

2.

The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts where permitted;

3.

The feeding, grazing or sheltering of livestock or poultry such as horses, cows, swine, goats, chickens, rabbits or fur bearing animals; unless otherwise permitted by City laws or regulations;

4.

The feeding of garbage to animals; or

5.

The operation of a commercial feed lot or stockyard.

Farm residences are considered to be single-family dwellings. Sanitary conditions for all animals and pets shall comply with all applicable laws, rules and regulations and meet any health requirements of the City.

AICUZ STUDY: A document prepared by the United States Air Force entitled, Air Installation Compatible Use Zone (AICUZ) Study which identifies the location of runway clear zones, aircraft accident potential zones and noise contours for McConnell Air Force Base. The document recommends compatible land uses for areas in the vicinity of the Base. The purpose of the document is to help achieve compatible uses of public and private lands on land near to or impacted by Base operations through providing recommendations to local governments for controlling incompatible development and thereby protecting the operational effectiveness of the Base.

AIRCRAFT: Any device designed for navigation of and/or flight or use in the air.

AIRPORT: (Including Landing Strip, Heliport or Helistop.) Any premises which are used, or intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are used, or intended for use, for airport buildings, other airport structures, or rights-of-way, together with all airport buildings and structures located thereon.

ALL WEATHER SURFACE: A surface consisting of poured in place concrete, asphaltic concrete, asphalt, brick, crushed rock not less than one half inch in diameter and four inches thick or other comparable material, maintained in good condition and free from weeds, grass trash and other debris.

ALLEY: A minor right-of-way along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

ALTERATION: See Structural Alteration.

AMUSEMENT CENTER: An indoor commercial establishment which contains amusement devices for public use as the principal activity of the business operating the center, but, in any event, places which operate five or more of such devices. Amusement devices shall include computer video games, pinball machines, pool or billiard tables, electronic or table football games and the like. Such definition is not intended to include recreational uses such as bowling, skating rinks or miniature golf.

ANIMAL HOSPITAL: An establishment where animals are admitted principally for examination, treatment, board or care, by a doctor of Veterinary Medicine, but does not include open kennels or runs, unless specifically permitted by the district regulations.

APARTMENT: See Dwelling, Multiple-Family.

APPEAL: An appeal of a decision of the Zoning Administrator or Floodplain Administrator to the Board of Zoning Appeals. See Section 1002 of these regulations for more information.

APZ I or II: An area of land that lies south of McConnell Air Force Base that, based on statistical analysis of past Department of Defense aircraft accidents, has been determined by the Air Force to be an area, which has a measurable potential for being the site of aircraft accidents. The chance of an aircraft accident within APZ I or II is not so high as to warrant Department of Defense acquisition of property, but significant aircraft accident potential exists resulting in a need for land use controls to promote the health and safety of the public.

ASSEMBLY HALL: An establishment providing space for entertainment events, expositions, meetings, gatherings, or life events such as weddings, birthdays, graduations, etc. that is not open to the public other than at times when events are scheduled. Typical uses include auditoriums, conference centers, event venues, or similar uses, but does not include a theater.

ASSISTED CARE HOME: A residential use that is used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including nursing or convalescent homes or hospitals. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents. The terms assisted care or assisted living does not include Group Homes. Assisted Care Homes are sometimes referred to as an Assisted Living Residence.

AUTOMATED TELLER MACHINE (ATM): A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

AUTOMOBILE SERVICE STATION: A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs, but not including tire recapping, body repairs, major vehicle overhaul, provision of rental equipment or open sales lots for new or used vehicles, unless specifically permitted by the applicable district regulations.

AUTOMOBILE, TRUCK, BOAT, TRAILER, MOTORCYCLE AND RECREATIONAL VEHICLE SALES: The sale and/or rental of new and/or used automobiles, trucks, boats, trailers, motorcycles, recreational and similar vehicles in operating condition and the accessory repair, servicing and rental of such vehicles; but not including body work, painting, motor rebuilding or rental of equipment, unless specifically permitted by the applicable district regulations.

BASEMENT: See definition in the applicable Building Code adopted by the City.

BASIC INDUSTRY: An establishment engaging in the basic processing and manufacturing of products predominately from extracted or raw materials, or a use engaging in storage or manufacturing processes which involve or have the potential to involve commonly recognized offensive conditions. Typical uses include fat rendering plants; poultry and rabbit dressing; pulp processing and paper products manufacturing; stockyards; slaughter houses; commercial feed lots; primary smelting of base metals from ore; tanneries or the storage of rawhides or skins; acid manufacture; cement, lime, gypsum, or plaster of Paris manufacture; creosote or tar treatment; distillation of bones; fertilizer manufacture; garbage, offal or dead animal incineration or reduction; explosives or fireworks manufacture or storage; glue and soap manufacture, petroleum processing and refineries and similar uses.

BLOCK: A tract of land, sometimes defined on a plat, that is bounded by streets or by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways and/or city limits.

BOARDING OR ROOMING HOUSE: A building other than a hotel or short-term rental where, for compensation and by pre-arrangement for periods exceeding 28 days, lodging only or with meals are provided for four or more boarders and/or roomers exclusive of the occupant's family. Individual cooking facilities are not provided. (See the definition of Family below and Section 602(B) of these regulations for home occupation limitations.)

BUILDING: Any structure with a permanent roof, separated on any or all sides from adjacent open space by walls, built for the shelter or enclosure of persons, animals, chattels or property of any kind and which is permanently affixed to the land. Structures that are connected by way of a permanent breezeway or hallway, which has a solid roof that ties directly into either the roofs or walls of the structures being connected, are considered to be one building.

BULK REGULATIONS: Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include, but are not limited to, regulations controlling: (1) maximum height, (2) maximum lot coverage and (3) minimum size of yards and setbacks.

BUSINESS AND PROFESSIONAL OFFICE: A non-governmental establishment providing executive, managerial, administrative, research, editing, or professional services, but not including medical services, manufacturing, warehousing, or the sale of merchandise, except as a permitted accessory use. Typical uses include office facilities for - an attorney, real estate or insurance agent, architect, engineer, property manager, investment broker, accountant, newspaper, publisher, or similar uses.

CANOPY: Any structure, movable or stationary, open on three sides, which is attached to and projects from a wall of a building for the purpose of sheltering a drive-up facility, platform, stoop, entranceway or sidewalk from the elements; or an independent roof-like structure supported by posts with no sidewalls for the purpose of sheltering a gasoline service area, drive-in facility or motor vehicles. In any event, the sheltering of motor vehicles is for temporary parking and unloading only and not as a permanent parking space. [See Section 303(F) for Permitted Obstructions].

CARPORT: A structure for the shelter and permanent parking space for motor vehicles attached to a building or independent thereof.

CAR WASH: An establishment having facilities designed or used exclusively for the washing or cleaning of motor vehicles.

CEMETERY: Land used for the interment or scattering human remains including a mausoleum or columbarium or similar facility, but not including a mortuary or funeral home.

CHILD CARE FACILITIES: The following types of facilities which provide care for children qualify as Child Care Facilities when they are established and properly licensed and/or registered with the state of Kansas and operated in accordance with the standards and requirements found within applicable federal, state and local laws, rules and regulations:

1.

Boarding Home for Children: A residential facility where one or more children under 16 years of age are in the control or custody of adult supervisors who provide them with food and/or lodging.

2.

Child Care Center: A facility in which care and educational activities for 13 or more children two weeks to 16 years of age are provided for more than three, but less than 24 hours per day, including before and after school care for school age children.

3.

Preschool: A facility such as a "nursery school" providing learning experiences for children of less than kindergarten age, but who are 30 months or older, where sessions do not exceed three hours per day.

4.

Day Care Home: A home or facility in which care is provided for a maximum of 10 children less than 16 years of age.

5.

Group Day Care Home: Similar to day care homes except that care is provided to a maximum of 12 children less than 16 years of age.

6.

Family Day Care Home: A home in which care is provided for less than 24 hours per day for a maximum of six children who are less than 16 years of age, but of whom not more than three children are less than 18 months.

[See Section 600.B.13. for child care facilities for employees and Sections 602.C. and 602.E. for home occupations permitted and prohibited].

COMMON OPEN SPACE: A parcel of land or an area of water, or combination of both land and water, within a site designated as a planned unit development district and designed and intended for the use and enjoyment of the residents of the development. Common open space does not include streets, alleys, parks, off-street parking or loading area, publicly owned open space or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures, but may contain such improvements as are approved as a part of the development plan and are appropriate for the recreation of residents of the planned unit development.

COMMUNICATION STRUCTURE: A structure, such as a monopole, guyed or self-supporting tower or other suitable existing or alternative structure designed to support or capable of supporting wireless facilities. "Communication structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

CONCRETE MIXING FACILITY: A structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process.

CONDOMINIUM: A structure and related common areas and facilities designed to meet the provisions of the Apartment Ownership Act cited in K.S.A. 58-3101 et seq. which governs the ownership, management, taxation, contents of the declaration and other matters related to the sale and operation of such structures and the independent condominium units therein. Condominium units, as defined in the Act, may be used for any type of independent use whether residence, office, the operation of any industry or business or other use permitted by the respective zoning districts. The contents of the declaration as required by K.S.A. 58-3111 shall also include a provision for the City to carry out the obligation to maintain the common areas and facilities in order to avoid having them become a public nuisance. Said declaration shall state that in the event that such responsibilities are assumed by the City, the costs for such maintenance shall be assessed against the condominium units and shall become a tax lien thereon. The Zoning Administrator must be satisfied that such a provision is included in the applicable declaration before any plat, zoning permit or occupancy certificate for any condominium unit will be approved.

CONSTRUCTION EQUIPMENT AND STORAGE YARD: An establishment with outdoor storage of construction equipment and building materials which may include office facilities and indoor storage facilities.

CONVENIENCE CASH BUSINESS: Any business defined herein as a "payday loan business," "title loan business," "currency exchange business," (also known as "check cashing"), "pawnbroker," or any other business engaged in substantially similar activities.

CONVENIENCE STORE: An establishment serving a limited market area and engaged in the retail sales of food, beverages and other frequently needed merchandise for personal, household or automotive use.

CURRENCY EXCHANGE BUSINESS: A currency exchange business, also known as a check cashing business, is an establishment that provides to the customer an amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time; such business also engaged in the cashing of checks, warrants, drafts, money orders or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business. This definition excludes a state or federally chartered bank, savings and loan association, credit union and grocery store.

DECK: Except for railings, an unenclosed structure that is attached to and projects from a principal building. Decks are open to the sky and may be detached from the principal residential dwelling and constructed above the grade of the adjoining finished ground.

DENSITY: Restrictions on the number of dwelling units that may be constructed per acre or per square feet of a zoning lot area.

DETACHED: Means that a building or structure does not have a wall, roof or other structural member in common with or in permanent contact with another building or structure.

DEVELOPER: The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

DEVIATION: A deviation from the development standards of these regulations granted through approval of a Planned Unit Development or a Town Center Overlay District. See Sections 413 and 415 of these regulations for more information.

DISTRICT: A section or sections of the zoning jurisdiction for which the regulations governing the permitted use of buildings and land, the height of buildings, the size of yards, and the intensity of use are uniform.

DOG KENNEL: Any place where four or more dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale. A dog is defined as any canine species over six months of age. (Note: This definition includes dogs which are kept or maintained as pets.)

DNL: The Day-Night Average A-Weighted Sound Level metric used in the AICUZ Study to establish the aircraft noise exposure contours around McConnell Air Force Base. The DNL noise contours were arrived at by using a methodology that accounts for a wide number of factors that are described in the AICUZ Study.

DRINKING ESTABLISHMENT: An establishment which is: 1) engaged in the preparation and retail sale of cereal malt beverages and/or alcoholic liquor for consumption on the premises and 2) whose sale of cereal malt beverages and/or alcoholic liquor, for consumption on the premises, represents 50% or more of the total sales receipts of the establishment. Food is sometimes served or sold as an accessory use to the primary use of serving cereal malt beverages and/or alcoholic liquor for on-site consumption. For purposes of these regulations, "Class B Club" shall be defined as a drinking establishment.

DRIVE-IN OR DRIVE THROUGH ESTABLISHMENT: An enterprise which by design, physical features, service, existence of outdoor order boards and microphones or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

DWELLING: A building or portion thereof which is designed or used for residential occupancy including a condominium and a modular home, but not including a group home, an earth-sheltered dwelling, a residential-design manufactured home or a manufactured/mobile home.

DWELLING, ACCESSORY: A dwelling that is subordinate to and serves a principal dwelling. An accessory dwelling is detached from a principal dwelling and held under the same ownership as a principal dwelling. An accessory dwelling may be a detached garage or other permitted detached accessory structure that includes a dwelling unit.

DWELLING, ATTACHED: A dwelling located on a lot that is joined one or more other dwellings on one or more other lots at one or more sides by a party wall or walls above the ground level including walls on an attached garage. Such definition shall not preclude the joining together of dwellings connected only by the corner or roof of a garage.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot, except that a zero-lot line dwelling may not have open space on one side of the lot.

DWELLING, MULTIPLE-FAMILY: A dwelling containing three or more dwelling units or one or more single-family or two-family dwellings on a lot that contains three or more dwelling units.

DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit only on a lot.

DWELLING, TWO-FAMILY: A dwelling containing two dwelling units only on a lot.

DWELLING UNIT: One or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

EARTH-SHELTERED DWELLING: A single-family dwelling constructed so that 50% or more of the exterior surface area of the building, excluding garages and other accessory structures, is covered with earth. Such a dwelling is a complete structure that does not serve just as a foundation or substructure for above-grade construction. A partially completed building shall not be considered earth-sheltered. Bulk regulations shall be measured from the structural part of the dwelling as distinguished from the earth covering.

EASEMENT: A public dedication or private grant of a right, distinct from ownership, to use the land of another in some way without compensation. Limitations apply on what type of principal or accessory buildings or structures can be located on a public easement. [See Section 901.A. for Zoning Permits].

EDUCATIONAL, CULTURAL, OR PHILANTHROPIC INSTITUTION: An institution providing a learning environment, but not including a public or private school as defined herein, the preservation and promotion of cultural resources, or charitable services. Typical uses include colleges, universities, vocational schools, trade schools, museums, libraries, botanical gardens, observatories, zoos, aquariums, non-profit charitable organizations, foundations, and similar uses.

EQUIPMENT RENTAL AND SALES BUSINESS: A business whose trade is characterized by the renting and/or sales of the following types of equipment: 1) miscellaneous hand operated equipment and tools, 2) non trailer mounted generators, air compressors, pumps, sweepers and similar non trailer mounted equipment, 3) lawn mowers, 4) portable concrete mixers which do not exceed a maximum capacity of 9 cubic feet, 5) vertical lifts which do not exceed a 25 foot maximum working height, 6) lawn and garden tractors which do not exceed 30 horsepower, 7) miscellaneous utility or light construction equipment which does not exceed 30 horsepower, 8) trucks which do not exceed a gross vehicle weight of 14,000 pounds, 9) vehicles used for moving purposes that are equipped with a van or bed area that does not exceed 10 feet in length, 10) trailers which do not exceed 12 feet in length, 11 ) portable signs, 12) scaffolding, and 13) and similar equipment. In addition, a business which is defined as an equipment rental and sales business shall not store or display on site heavy construction or farm equipment such as, but not limited to, earth movers, graders, bulldozers, scrappers, dump trucks, combines, trenching shields, rollers that exceed 30 horsepower or any of the above-referenced equipment, identified as permitted, which exceeds established size, weight or horse power maximums. A business such as a hardware store, home improvement center or garden center that occasionally rents hand tools and equipment or lawn maintenance or gardening equipment shall not be construed to be an equipment rental and sales business. A business whose trade involves the rental of kitchen appliances such as stoves, refrigerators, washing machines and similar appliances or equipment shall also not be construed to be an equipment rental and sales business.

EXCEPTION: An exception to the provisions of the zoning regulations that is specifically authorized under the terms of these regulations. See Section 1004 of these regulations for more information.

FAMILY: Either 1) an individual or two or more persons related by blood, marriage or adoption, living together as a single non-profit housekeeping unit in a dwelling unit; or 2) a group of not more than five persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus, in either case, domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption. Not more than three boarders or roomers are permitted as part of a housekeeping unit (See Boarding or Rooming House).

FENCE: A free-standing artificially constructed structure resting on or partially buried in the ground, constructed to enclose or screen areas of land.

FINANCIAL INSTITUTION: An establishment engaged in deposit banking (not including a convenience cash business). Typical uses include banks, savings and loans, credit unions, and automated teller machines (ATM).

FLOOR AREA: For computing off-street parking requirements, floor area shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors, except that space which is used for interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

FRATERNAL AND/OR SERVICE CLUB: An association formally organized for either fraternal, social, educational, philanthropic or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws.

FRONTAGE: That side of a lot abutting on a street; including a structure's designated front lot line.

GARDEN CENTER: A retail or wholesale business which sells a wide variety of plants, seeds, bulbs, shrubs, trees, lawn maintenance equipment, lawn or patio furniture, fertilizers, pesticides and gardening and landscaping tools, implements and supplies. This use may involve the growing of plant materials either within greenhouses or within fenced and perhaps partially screened outdoor plant nurseries. Businesses whose trade is not characterized by the sale of the wide variety of merchandise described above shall not be defined as a Garden Center, e.g., plant stores, florist shops, pottery stores, etc.

GAZEBO: A free-standing roofed structure typically open on all sides.

GOLF COURSE: A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses, shelters, and areas for golf driving ranges and pitch and putt.

GOVERNMENTAL USE: A facility owned or operated by a government entity, except for facilities owned by the federal government, school facilities, public utilities, and parks and playgrounds, to provide services for the public. Typical uses include administrative offices, maintenance facilities, transportation facilities, public safety facilities, or similar uses.

GROUP HOME: Any dwelling occupied by not more than 10 persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this state in accordance with K.S.A. 12-736.

HARD AGGREGATE SURFACE: A surface for outdoor merchandise display that has at least a four-inch bed of river gravel, crushed river gravel or crushed limestone which meets the test requirements of the City's standard specification for concrete aggregate. Hard aggregate surface may not be used for those areas established for the display or parking of automobiles, trucks, trailers, motorcycles, recreational vehicles, boats and similar vehicles or for vehicular circulation aisles.

HAZARDOUS WASTE FACILITY: An on-site or off-site facility or part of a facility or modification of an existing facility which includes all contiguous land, structures and other appurtenances and improvements on the land utilized for the purpose of treating, storing or disposing of hazardous waste. Such term shall also mean a hazardous waste injection well. In addition to this definition of facility, all related definitions pertaining to hazardous wastes contained in K.S.A. 65-3430 are hereby incorporated by reference into the definitions of these regulations.

HEIGHT, MAXIMUM: The tallest vertical distance of a structure, measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure that is permitted by the bulk regulations of each zoning district regulations.

HOME IMPROVEMENT CENTER: A retail business with limited outside storage, whose trade is the sale of a complete line of building supplies, materials and tools, which are commonly needed to substantially complete all aspects of building construction. Businesses whose trade is not characterized by the sales of such a wide variety of building supplies, materials and tools shall not be defined as a home improvement center, e.g., hardware stores, swimming pool businesses, heating and cooling businesses, lighting and home decorating businesses, landscaping businesses, carpet and tile stores, etc.

HOSPITAL: An institution with an organized medical staff of physicians and registered professional nurses, offering facilities and beds for patients with a variety of medical conditions requiring diagnosis, treatment or care beyond 24 hours and regularly makes available at least clinical laboratory services, diagnostic X-ray services, emergency room services and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities, such as pharmacies and medical laboratories, outpatient facilities, training facilities and other related uses.

HOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients, with or without meals, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise, but not a short-term rental.

IMPERVIOUS SURFACE: That percentage of a lot that is covered with any manmade improvement which reduces and/or prevents absorption of storm water into previously undeveloped land (i.e., buildings, paved areas, vehicle parking and circulation isles, etc.)

INCIDENTAL: An accessory use or activity which is subordinate to and/or performed in conjunction with a principal use.

INFRASTRUCTURE: Facilities and services needed to service industrial, residential and commercial activities at the urban scale of development. Facilities include such things as water and sewer lines, streets, utility lines and equipment, etc. Services include such things as police and fire protection, schools, parks, etc. Paved streets with curb and gutter and stormwater sewers, municipal wastewater collection and treatment and municipal water lines capable of providing water pressure to fight fires are all examples of urban scale infrastructure.

LANDFILL:A disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris, a trash incinerator, trash transfer station, and similar uses.

LANDSCAPING: The improvement of a lot or parcel of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

LIQUOR AND CEREAL MALT BEVERAGE BUSINESS: An establishment offering the retail sale of alcoholic liquor and cereal malt beverage pursuant to Chapter 5.16 of the City Code.

LOT: See Lot, Zoning.

LOT AREA: The area of a horizontal plane bounded by front, side and rear lot lines.

LOT, CORNER: A lot abutting upon two or more streets at their intersection (See Lot Line Rear and Yard, Front).

LOT COVERAGE: The percentage of a lot that is covered by principal buildings or accessory structures, but not including open air sports courts, swimming pools, outside vehicle parking areas or driveways.

LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT INTERIOR: A lot other than a corner lot.

LOT LINE: The boundary line of a zoning lot (See Lot, Zoning).

LOT LINE, FRONT: A street right-of-way line forming the boundary of a lot. (See Lot, Corner.)

LOT LINE, REAR: The lot line that is most distant from and is or is most nearly parallel to the front lot line. If a rear lot line is less than 15 feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line.

LOT LINE, SIDE: A lot line which is neither a front lot line nor a rear lot line.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Register of Deeds, or a parcel of land described by metes and bounds of which the deed was recorded prior to March 21, 1975.

LOT SIZE REQUIREMENTS: Restrictions on the dimensions of lots including (1) minimum lot area, width and depth; and (2) maximum density. Lot area, width and depth establish the minimum size of the zoning lot on which a structure or use or two or more structures or uses may be constructed or established.

LOT, THROUGH: A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. Sometimes referred to as a double frontage lot.

LOT WIDTH: The distance on horizontal plane between the side lot lines measured at right angles to the lot depth at the established front yard setback line.

LOT, ZONING: A parcel of land that is designated by its owner or developer at the time of applying for a zoning permit as a tract all of which is to be used, developed or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of: (1) A single lot of record, or (2) a portion of a lot of record, or (3) a combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.

LUMBERYARD: A retail or wholesale business whose trade is characterized by the sale of building supplies, materials, tools and equipment to individuals or contractors. This use may involve the large-scale storage of items within a fenced outside storage yard.

MANUFACTURED/MOBILE HOME: A factory-built structure or structures equipped with the necessary service connections and made so as to be transportable as a unit or units on their own running gear and designed to be used as a dwelling unit with or without a permanent foundation. The transportation system is designed so that the home may be moved from time to time at the convenience of the owner. The term shall include two or more separately towed units, which are designed to be bolted or otherwise fastened together to form a complete living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly and lights. Removal of any or all of these component parts does not change the definition. All such homes shall be either skirted according to the manufacturer's design and construction standards or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the State of Kansas under K.S.A. 75-1226, et seq. shall be anchored to the ground or secured to a permanent-type foundation. Such homes may or may not meet the standards of the National Mobile Home Construction and Safety Standards Act of 1976. When such homes do not meet the standards of the Act, the industry refers to them as "mobile homes." It is the intent of this definition to use the term "mobile home" interchangeably with "manufactured home," but not a "residential-design manufactured home" unless otherwise specified in these regulations. Additions may be made to such homes for patios, porches, carports, garages, storage structures and living space provided such additions are designed and constructed by a manufactured home factory or meet applicable City building codes. Overhead structures which cover or enclose a home are not permitted; however, a protective roof covering which is used to remedy a deteriorating roof condition is permitted. Under no circumstances shall two or more single-wide manufactured homes be permitted to connect together in any manner on the same zoning lot. (See Residential-Design Manufactured Home).

MANUFACTURED/MOBILE HOME PARK: Any area, parcel or tract of ground equipped as required for support of manufactured/mobile homes and used or intended to be used by one or more occupied homes. Such parks shall be under singular ownership and control and under no circumstances shall the home space(s) within such a park be sold or offered for sale, individually or separately, from the entire area, parcel or tract of ground compromising the Manufactured/Mobile Home Park. The definition of a park does not include a sales area on which unoccupied homes, whether new or used, are parked for the purposes of storage, inspection or sale. A manufactured/mobile home may, however, remain on a space for purposes of sale. A manufactured/mobile home park may include related facilities for residents such as child care centers and preschools; recreational facilities such as playgrounds, swimming pools, tennis courts, shuffleboards, ball fields and lakes providing boating and fishing; recreation or community buildings, washrooms, rest rooms, laundry facilities, storm shelters, storage areas offices for the manufactured home parks, and similar uses.

MANUFACTURING, LARGE-SCALE: An establishment engaged in the manufacture of products by large-scale machinery that can be expected to generate significant noise and vibration. The products are predominantly manufactured from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products predominately for distribution. Typical uses include agriculture equipment assembly, storage, sales, and repair, agriculture feed, grain, fertilizer mixing, storage and sales, aircraft sub-assembly parts and manufacturing, apparel and garment factories, appliance manufacturing and assembly, bakeries engaged in large-scale production and wholesale distribution, beverage manufacturing and bottling (excluding microbreweries), boat building and repair, building material production, storage and sales, construction equipment assembly, sales and repair, dyeing works, electrical and electronic equipment manufacturing, food manufacture, distribution, processing and storage (excluding slaughter houses and rendering plants), furniture and fixtures manufacturing, jewelry manufacturing, laundry and dry cleaning plants, leather products manufacturing, meat cutting and wholesale storage, metal fabrication and assembly, machine shops, musical instrument manufacturing, oil field equipment and assembly, repair, storage and sales, pharmaceutical and toiletries manufacturing, printing firms, publishing companies, research laboratories, rubber and plastic products manufacturing, stone monument works, tobacco products manufacturing, shops for manufacturing, construction, and servicing of signs, toy manufacturing, welding shops and similar uses.

MANUFACTURING, SMALL-SCALE: An establishment primarily engaged in the production of goods predominately by hand manufacturing, which generally involves only the use of hand tools or other small-scale equipment that does not generate excessive noise or vibration., The limited scale of the activities and boutique nature of the craft production makes the establishments compatible with retail and service uses. Small-scale manufacturing may include assembly and packaging, as well as on-site direct sales to consumers and distribution of products for sale off-site. Typical uses include arts, bakeries engaged in small-scale production for predominately on-site sale, butchers, ceramic shops, candle-making shops, coffee roasters, confectionaries, crafts, custom jewelry manufacturing, electronic and computer products assembly, glass making, food and beverages (excluding microbrewery), furniture making, millwork and cabinetry of a small-scale, custom nature, musical instruments, precision machining of tools, dies, and jigs, production of instruments and lenses for medical, dental, optical, scientific and other professional purposes upholstery shops, and similar uses.

MECHANICAL EQUIPMENT: Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.

MEDICAL SERVICE: Any office providing therapeutic, preventive or corrective personal treatment services on an out-patient basis by physicians, dentists and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical, dental, optometric and chiropractic offices and clinics, minor emergency centers, blood banks, medical laboratories, and similar uses.

MICROBREWERY: A facility which produces no more than 15,000 barrels of beer per year and is licensed by the director of alcoholic beverage control of the Kansas Department of Revenue to manufacture, store and sell beer.

MICRODISTILLERY: A facility which produces no more than 50,000 gallons of spirits per year from any source or substance that is licensed by the director of alcoholic beverage control of the Kansas Department of Revenue, and is licensed by said director to manufacture, store and sell spirits.

MINI-STORAGE WAREHOUSE: A structure containing separate storage spaces, which are individually accessible, are of varying sizes and are leased or rented on an individual basis.

MOBILE FOOD VENDING: Vending, peddling, hawking and/or selling any food and/or beverage from a self-contained vehicle, trailer, cart, wagon, or other type of conveyance subject to the requirements of Chapter 5.12 of the City Code.

MODIFICATION:A modification of the landscape requirements of these regulations granted by the Planning Commission. See Section 304.P. of these regulations for more information.

MODULAR HOME: A dwelling structure located on a permanent foundation and connected to public utilities, consisting of pre-selected, prefabricated units or modules, and transported and/or assembled on the site of its foundation; in contradistinction to a dwelling structure which is custom-built on the site of its permanent location; and also, in contradistinction to a manufactured/mobile home, either single-width, double-width or multi-width, located on a permanent foundation. In general, such modular home shall have exterior building materials and somewhat similar appearance to custom-built single-family dwellings and meet the standards of the City building codes.

MONOPOLE: A self-supporting structure [as opposed to a lattice or guy supported structure] intended to provide a less invasive means to support public utility infrastructure such as but not limited to telecommunications.

MORTUARY AND FUNERAL HOME:An establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

MOTOR FREIGHT TERMINAL: An establishment where freight is assembled and/or stored for routing shipments by motor vehicle.

NONCONFORMING LOT OF RECORD: A zoning lot, which does not comply with the lot size requirements for any permitted use in the district in which it is located. [See Sections 800.A. and 801 for Nonconforming Lots of Record].

NONCONFORMING STRUCTURE OR USE: A lawfully existing structure or use at the time these regulations or any amendments thereto became effective which does not conform to the requirements of the zone in which it is located. [See Sections 800.B. and 800.C., 802 and 803 for Nonconforming Structures and Uses].

NURSERY OR GREENHOUSE: Outdoor areas used to raise flowers, shrubs trees, or similar plants for sale, which may include structures with a translucent roof and/or sides in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants, including hydroponic growing.

NURSING OR CONVALESCENT HOME: A residential health care facility licensed and regulated by the State of Kansas which provides lodging, bed care, in-patient services and supervision for children and/or the aged who need regular medical attention, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or emergency medical services or institutions for the care and treatment of mental illness, alcoholism or narcotics addictions.

OCCUPANCY CERTIFICATE: A certificate in which the Zoning Administrator certifies that upon completion of an applicant's proposed structure and/or commencement of an applicant's proposed use such structure/use complies with the provisions of these regulations. Structures may only be occupied and/or uses may only be commenced upon issuance of an occupancy certificate by the City. When applicable, such a certificate may be combined with the issuance of a certificate of occupancy as required by applicable building codes. [See Section 901(B) for Occupancy Certificates].

OPERABLE VEHICLE: A motor vehicle that is tagged with a valid license plate, is capable of movement under its own power and is street legal.

OUTDOOR STORAGE: The storage of goods and materials outside of any building or structure when specifically permitted by these regulations, but not including storage of a temporary or emergency nature or of new or used goods and materials on display for sale. [See Section 600(B)(15) for outdoor storage].

PARK AND PLAYGROUND: A park, playground, or other community facility located within a park that is owned by or under the control of a public agency.

PATIO: A level surfaced area that typically is directly adjacent to a principal building. A patio typically has a grade that is slightly above the finished grade of adjoining ground and a patio may or may not be covered by a permanent roof.

PAWNSHOP: An establishment that loans money on deposit or pledge of personal property or other valuable thing other than intangible personal property, who deals in the purchase of personal property on the condition of selling the same back again at a stipulated price, and any person providing convenience cash services as defined herein. A pawnshop operation shall not include any person operating under the supervision of the State Banking Commissioner, Credit Union Administrator, or the Consumer Credit Commissioner of the State.

PAYDAY LOAN BUSINESS: Any business engaged in making loans for a period of 30 days or less in duration, intended to coincide with the period of one payday of the borrower to the next, all as regulated by K.S.A. 16a-2-404 but not including financial institutions defined by K.S.A. 16-117.

PERMITTED USE: A use of a structure or land, which is permitted outright within a zoning district because of its compatibility with the other uses so designated. The Zoning Administrator is authorized to issue zoning permits and occupancy certificates for such permitted uses when all other requirements of applicable federal, state and local laws, rules, ordinances and regulations have been met.

PERSONAL CARE BUSINESS: An establishment providing services involving personal appearance, care for personal goods and apparel, and informational and instructional services for personal hobbies. Typical uses include art and music schools, barber shops, beauty shops, tanning, nail, and skin care, dry cleaning, handicraft and hobby instruction, self-service laundry, locksmiths, mail receiving and packaging, massage therapy, pet grooming, photo processing, photography studios, picture framing, printing and copying shops, shoe repair, tailors, dress makers, and bridal shops, tattoo and body piercing, upholstery and furniture repair, vision and optical shops and similar uses.

PET CEMETERY: Land used for the interment or scattering animal remains including a mausoleum or columbarium or similar facility, but not including a mortuary or funeral home.

PHYSICAL FITNESS CENTER:A privately-owned establishment providing indoor facilities and instruction for personal fitness and similar services. Typical uses include health and fitness centers, gymnastic and dance studios, swimming clubs, and similar uses.

PLACE OF WORSHIP: A facility or site owned or operated by a bona fide religious group used primary for religious worship and related religious services and activities. Typical uses include churches, chapels, temples, synagogues, mosques, convents, seminaries, and similar uses.

PORCH: A roofed structure projecting from a principal building that is separated from the principal building by the walls thereof and having no enclosing features except roof supports and a railing. Screen wire or lattice material meant to partially enclose a porch is not permitted on that portion of a porch that projects into a required front yard. The use of screen wire or lattice material to partially enclose a porch that projects into a required rear yard is permitted when installed in compliance with all other applicable provisions of these regulations.

PRINCIPAL STRUCTURE: A structure in which a principal use of the lot on which the structure is located is conducted.

PRINCIPAL USE: The main use of land or structures as distinguished from a subordinate or accessory use.

PRIVATELY-OWNED PARK AND PLAYGROUND: Parks and playgrounds owned by and serving a residential neighborhood including privately-owned accessory structures and uses for recreational activities such as clubhouses, swimming pools, tennis courts, racquetball courts, playground equipment, gazebos, landscaping, open space, parking, and similar accessory structures and uses.

PUBLIC UTILITY: Telephone, electric and cable television lines, utility poles, equipment and structures; water and gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations or substations; telephone exchanges and repeater stations; communication structures and all other facilities, equipment and structures necessary for conducting a utility service by a government or a utility company regulated as to rates and charges by the Kansas Corporation Commission and/or which operates under a franchise agreement with the City of Derby.

RECREATION FACILITY, INDOOR: A privately-owned, commercial establishment offering recreation, entertainment, or games of skill in an enclosed building. Typical uses include bowling alleys, bingo parlors, billiard parlors, video game arcades, indoor sports courts, indoor amusement rides, escape rooms, and similar uses.

RECREATION FACILITY, OUTDOOR: A privately-owned, commercial establishment offering recreation, entertainment, or games of skill outside of an enclosed building. Typical uses include adventure parks, archery ranges, batting cages, bicycle motocross tracks, carnival rides, go kart tracks, golf driving ranges, miniature golf, practice pitch and putt golf greens, remote control model car racing tracks, sports fields and diamonds, skating and skateboard facilities, swimming pools and beaches, tennis, basketball, and other outdoor sports courts, water slides or similar uses but not including motor vehicle racing, motorcycle motocross tracks, drive-in theaters, tractor pulls, demolition derbies, skeet or trap shooting, rifle ranges, dog or horse racing tracks, or similar uses which cause excessive noise and/or general disruption of adjacent areas.

RECREATIONAL VEHICLE: A vehicle, either motor powered or towed, equipped with living space normally including a kitchen, bathroom, bedroom and living room, used for leisure activities such as vacations or full time living.

RECREATIONAL VEHICLE CAMPGROUND: The use of land designed for occupancy by recreational vehicles for temporary or transient living purposes, including the use of camping spaces for tents and similar camping arrangements.

RECYCLING CENTER: A location where clean, source-separated, recyclable materials are accepted or deposited by the public for transfer elsewhere. As distinguished from salvage yards, such materials consist only of aluminum and steel cans, glass, papers and plastic, reusable containers and compostable material. A center must be maintained in a litter-free condition on a daily basis. The name and phone number of a responsible party must be clearly posted in case a problem occurs. Such a center may be further classified as follows: [See Sections 600.B.14. and 601.G. for recycling centers].

1.

Small recycling collection center: A center for collection containers or reverse vending machines not exceeding 100 square feet in ground area which may be approved by the Zoning Administrator as an accessory use in all institutional, business and industrial districts and on church and public property. Such a center may be located in the required front yard in business and industrial districts and on public property if proper vehicular safety and parking standards can be maintained.

2.

Large recycling collection center: A center for collection containers larger than 100 square feet in ground area, on-site trailers, bulk-feed reverse vending machines, vehicles on-site during operating hours only and the like. Such a center may be approved as an exception for an accessory use in all institutional, business and industrial districts and on church and public property.

3.

Recycling processing center: A principal use in industrial districts only for handling the collection and processing large volumes of bulky materials, some of which may originate at other recycling centers. Mechanical equipment may be used such as forklifts, balers, smashers and other related equipment. Outdoor storage may be permitted.

REHABILITATION HOME: A residential building which is used by an organized group to supervise the rehabilitation of the individual occupants. Sometimes such homes are known as "halfway houses" for the rehabilitation of wayward juveniles; drug or alcoholic addicts; or former offenders. For new buildings or modifications of existing buildings, the overall appearance is to remain as a residential type building when located in a residential district.

RESIDENTIAL-DESIGN MANUFACTURED HOME: A structure manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards of 1976 generally known as the "HUD Code" established pursuant to 42 U.S.C. Sec. 5403. (See applicable Use Limitations in applicable zoning districts) For purposes of these regulations, the term "manufactured home", when used by itself, shall not include a "residential-design manufactured" as herein defined. Nothing in these regulations shall be construed to preempt or supersede valid restrictive covenants running with the land as to the placement or location of a residential-design manufactured home. (See Manufactured/Mobile Home).

RESIDENTIAL BUILDING: A building all or part of which contains one or more dwelling units, including single-family, two-family and multiple-family dwellings, and modular homes.

RESTAURANT: An establishment where food and drink are prepared, served and consumed either within a building, on a patio, in a vehicle or to go for consumption off site. Typical uses include sit-down restaurants, drive-thru restaurants, drive-in restaurants, candy and ice cream stores, coffee and donut shops and similar uses,

RETAIL BUSINESS: The sale or rental of commonly used goods and merchandise for personal or household use. Typical uses include grocery stores, department stores, furniture stores, clothing stores, art studios and galleries, pharmacies, hardware stores (not including home improvement centers), pet stores, interior design and decorating studios and establishments providing the following products or services; household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, household appliances, wallpaper, carpeting and floor-covering, window coverings, arts and craft supplies, kitchen utensils, jewelry, drugs, cosmetics, books, antiques, florists, gifts, collectibles, mirrors and decorative glass, music, novelties, shoes, swimming pool equipment, tobacco and smoking accessories, toys, variety goods, automotive parts and accessories and similar uses.

SALVAGE YARD:

1.

Any land or building used for the collection or storage or sale of wastepaper, trash, rags, fibrous material, scrap metal or other discarded material; or for the collecting or dismantling or storing or salvaging of machinery or unlicensed motor vehicles not in operating condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures.

2.

In residential districts, this definition shall prevent the storing of any more than two inoperable or unlicensed motor vehicles for a period of more than 72 hours, which are in the process of restoration to operating condition, unless such vehicles are stored inside a structure or screened from public view.

SCHOOL, PUBLIC AND PRIVATE: Primary, intermediate and secondary schools including administrative centers, transportation centers, recreation areas, spectator sports facilities and related uses.

SCREENING: Decorative fencing, evergreen vegetation or landscaped earth berms maintained for the purpose of concealing from view the area behind such fences, evergreen vegetation or berms.

SETBACK, BUILDING: A line parallel to a respective lot line that is internal to a lot, which defines the minimum amount of yard (open space) that is required by the yard requirements of the district regulations, unless a greater or lesser setback has been platted.

1.

"Front Yard Building Setback Line" shall be parallel to any lot line abutting a street and shall extend from side lot line to side lot line. When a corner lot is involved, the "front yard building setback line" shall extend from a side lot line to a front lot line and from a front lot line to a rear lot line.

2.

"Rear Yard Building Setback Line" shall be parallel to all rear lot lines and shall extend from side lot line to side lot line. When a corner lot is involved, the "rear yard building setback line" shall extend from a side lot line to the front yard building setback line.

3.

"Side Yard Building Setback Line" shall be parallel to any side lot line from the front yard building setback line to the rear yard building setback line.

SHORT-TERM RENTAL: A dwelling, or portion thereof, which provides sleeping accommodations for transients, with or without meals, for compensation and by pre-arrangement for a period of 28 days or less.

SIGN: See Section 701.

SPECIAL USE: The permitting of certain uses which might have the potential of creating an adverse effect upon nearby properties or upon the character and future development of specific zoning districts when their proposed location is supplemented by conditions designed to promote compatibility of the use with the surrounding property, the neighborhood and the applicable zoning district.

STORAGE WAREHOUSE: A building used primarily for the storage of goods and materials, equipment or products for manufacturing use or for distribution to wholesalers or retailers but which does not involve storage areas that are individually accessible.

STRUCTURAL ALTERATION: Any change in a structure other than normal repairs and maintenance which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or any complete rebuilding of the roof; or the exterior walls; or the construction of any addition to or enlargement of a structure; or the removal of any portion of a structure. The following alterations shall not be considered as structural alterations:

1.

Attachment of a new front where structural supports are not changed.

2.

Addition of fire escapes where structural supports are not changed.

3.

New windows where lintels and support walls are not materially changed.

4.

Repair or replacement of non-structural members.

[See Section 300.C. for Structural Alterations].

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including hard surfaced walks and terraces or public items such as utility poles, street light fixtures and street signs.

TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TEMPORARY SALES: The sale of merchandise, goods, or materials where the sale of such is at any location that is not owned or controlled by the person, group, firm, corporation, or business conducting the sales.

TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TERRACE: A level, landscaped and/or surfaced area directly adjacent to a principal building at or within four feet of the finished grade of adjoining ground and not covered by a permanent roof.

THEATER: A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

TITLE LOAN BUSINESS: Any business lending money with the pledge of personal property as collateral, evidenced by a certificate of title issued by the State of Kansas, but not including financial institutions, defined by K.S.A. 16-117.

TRUCK SERVICE STATION: A structure and surrounding land used for the storage and sale of petroleum fuel primarily for tractor-trailer vehicles and trucks with an axle weight capacity of two tons or greater. The operation of a truck service station involves the sale of lubricants, accessories or supplies commonly needed for truck operation and performing minor vehicle repairs. A truck service station may not include tire recapping, body and fender repair, major overhaul, providing rental equipment or open lots for sale of new or used vehicles; unless those uses are specifically permitted by district regulations.

TRUCK WASH: An establishment which has facilities that are typically outside of a completely enclosed building that are designed and used for the washing or cleaning of Tractor-Trailer vehicles, recreational vehicles and trucks which have an axle weight capacity of two tons or greater.

USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

USE REGULATIONS: The provisions of these regulations, which identify permitted and special uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

UTILITY POLE: A freestanding structure owned or operated by a public utility that is designed specifically for and used to carry lines, cables, or wires for telecommunications, cable, electricity or to provide lighting.

VEHICLE BODY AND FENDER REPAIR: An establishment engaged in the painting of or body work for motor vehicles and similar vehicles.

VEHICLE PARKING LOT: An area or structure operated as a principal use for the temporary off-street parking of operable motor vehicles.

VEHICLE REPAIR GARAGE: An establishment providing repair of motor vehicles and similar vehicles but not including paint or body work.

VEHICLE STORAGE YARD: An establishment which leases space for the temporary storage of operable commercial trucks or trailers, recreational vehicles or equipment, boats, campers, automobiles, trucks or similar vehicles, and may include the storage of inoperable vehicles through approval of a special use but excludes salvage yard.

VISION TRIANGLE: A triangular area on a lot that is located adjacent to the area where two streets intersect. [See Section 303.O.]

WHOLESALE BUSINESS: An establishment primarily engaged in the display, storage and sales of goods to other firms for resale.

WIND ENERGY CONVERSION SYSTEM (WECS): A Wind Energy Conversion System is a device such as a wind generator, wind charger, windmill or wind turbine which converts wind energy to another form of usable energy.

YARD: Refers to the unobstructed, unoccupied open space between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of Section 303.F.

YARD, REQUIRED FRONT: A yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance equal to the depth of the required yard. On a corner lot, each yard that abuts a street shall be considered a front yard.

YARD, REQUIRED REAR: A yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance equal to the depth of the required rear yard. When a corner lot is involved, the required rear yard shall extend from a side lot line to the required front yard line.

YARD, SIDE: A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance equal to the width of a required minimum side yard, but excluding any area encompassed within a required front yard or rear yard.

ZONING ADMINISTRATOR: The person appointed and authorized by the City Manager to administer and enforce the requirements of these regulations [See Section 900 for Office of the Zoning Administrator].

ZONING PERMIT: A certificate by which the Zoning Administrator certifies to an applicant that their proposed structure and/or use is in conformance with these regulations. When applicable, such a certificate may be combined with the issuance of a building permit as required by a building code and/or a business registration certificate as required by municipal code. [See Section 901.A. for Zoning Permits].

(Ord. No. 2529, § 1.13, 1.51, 1.52, 5-23-23; Ord. No. 2555, §§ 1.1—1.5, 5-14-24)

The following acronyms are listed to assist users of these regulations and should not be considered an exhaustive list of acronyms found in these regulations. While most of the acronyms are contained in these regulations, others may be used in reports, plans, and discussions regarding implementation these regulations. This section is provided for informational purposes only.