This title applies to all land located within the city and to all unincorporated land outside of but within three miles of the corporate limits of the city as shown on the official zoning map of the city.

(Ord. No. 4114, pt. I, § 2)

(a)

This title has been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve and protect property values; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements.

(b)

The regulations of this title have been made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 4114, pt. I, § 3)

The following words and phrases, when used in this title, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

Accessory building means a part of the main building, or a separate building, devoted to an accessory use.

Accessory use means a use subordinate to and incidental to the primary use of the main building or to the primary use of the lot.

Agriculture means the use of a tract of ground for growing crops in the open, pasturage, dairy animals, poultry, livestock, fruits and vegetables, plant nurseries including commercial greenhouses, and horticulture, including the structures necessary for carrying out such operations and the residence of the person or family who owns or operates such operation.

Banjo sign means a sign having a total area of not more than 30 square feet, the advertising content of which is ten feet or more above ground.

Board means the city board of zoning appeals.

Boarding kennel means a kennel where dogs or cats, or both, are maintained solely for boarding or training.

Build means to erect, convert, enlarge, reconstruct or structurally alter a building or structure.

Building means any structure for the use, as shelter, support or enclosure, of persons, animals, three chattels, or property of any kind.

Building width means the width of lot that can be built upon after providing the side yards.

Campground means a place used for camping that may or may not be equipped with cooking grills, water and toilets.

Centerline means a line halfway between the street lines.

Child care facility means a facility that is not owner occupied in which day care is provided to children not related to the operator by blood, marriage or legal adoption and pursuant to State of Kansas regulations.

Clinic means an establishment in which one or more doctors practice their profession.

Commission means the city planning commission.

Communication towers means radio or television towers, microwave towers, wireless communication towers and similar towers more than 50 feet in height as measured from the ground to the highest point on the tower or antenna thereon.

Comprehensive plan means the plan adopted pursuant to K.S.A. 12-747.

Corner lot means a lot which adjoins the point of intersection of two or more streets.

Day care home means an owner occupied, home occupation in which care is provided to children, not related to the operator by blood, marriage, or legal adoption and pursuant to State of Kansas regulation.

Double frontage lot means a lot having a frontage on two non-intersection streets.

Dwelling means a building used entirely for residential purposes.

Multifamily dwelling means a building that contains more than two living units.

Single-family dwelling means a building that contains only one living unit.

Two-family dwelling means a building that contains only two living units.

Dwelling unit means a single unit providing complete, independent living facilities for one or more person, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Family means one or more persons related by blood, marriage or adoption or not more than four persons not related by blood, marriage or adoption occupying a living unit as an individual housekeeping organization.

Floor area means the square feet of floor space within the outside line of exterior walls and includes the total of space on all floors of a building. The term "floor area" does not include open porches, garages or space in a cellar.

Frontage means the distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street.

Group home means any dwelling occupied by not more than ten 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 the state.

Home occupation means an accessory use to the residential use of the property, which is an activity carried on by resident members of a family with not more than two persons employed from outside the resident family.

Hotel/motel means a building or portion thereof, or a group of buildings, which provides five or more rooms of sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, motel, motor inn, motor lodge, or otherwise.

Institution means a nonprofit establishment for public use.

Junkyard (see salvage yards).

Kennel means any place, area, lot, building or structure where dogs or cats, or both, are bred, boarded, housed, cared for, fed or trained commercially or by a person other than the owner, for a fee or other compensation.

Living unit means the room or rooms occupied by a family. The living unit must include a kitchen.

Lodging house means a dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood, marriage, or adoption. The term "lodging house" includes rooming house, boardinghouse, and tourist home.

Lot means a parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, off-street parking, loading spaces, street frontage and other requirements of this code. For purposes of this title, a lot may consist of more than one platted lot but no lot may contain or be bisected by a street or alley.

Lot-tie agreement means an agreement executed by the property owner whereby the property owner agrees that the described lots and/or parcels shall be held under the same ownership and not sold separately unless approved by the city pursuant to chapter 16.24 of this Code. Said agreement shall be recorded with the register of deeds as a restriction on the subject property.

Lot width means the width of a lot at the front yard line.

Main building means the building occupied by the primary use.

Manufactured home means a structure, designed to be a residence, built on or after June 15, 1976, which meets the National Manufactured Home Construction and Safety Standards, 42 USC 5403 et seq., has a permanent chassis, and is transportable in one or more sections. The term "manufactured home" does not include modular homes.

Manufactured home lot means a parcel of land, located in a manufactured home park, designed for the placement of a manufactured home or a mobile home for single-family occupancy and the exclusive use of its occupants.

Manufactured home park means a tract of real estate which has been developed, subdivided, planned and improved for the placement of manufactured and mobile homes for single-family occupancy.

Mobile home means a structure, designed to be a residence, built prior to June 15, 1976, which may or may not meet the National Manufactured Home Construction and Safety Standards, 42 USC 5403 et seq., has a permanent chassis, and is transportable in one or more sections.

Modular home means a structure designed to be used as a dwelling which is constructed in accordance with city regulations, which is transportable in one or more sections but is not constructed on a permanent chassis, and which is placed on a permanent foundation.

Nonconforming structures means those lawful structures that do not conform with the yard area, height regulations or yard requirements of the district in which they are located after the effective date of the ordinance from which this title is derived or any amendments thereto.

Nonconforming uses means those lawful uses of premises that do not conform with the requirements of the district in which they are located after the effective date of the ordinance from which this title is derived or any amendment thereto.

Planning area means the area within the incorporated limits of the city and that portion of the unincorporated area of the county located within three miles of the incorporated limits of the city, as illustrated on the official zoning map adopted herein.

Premises means any land together with any buildings or structures occupying it.

Principal structure means a structure in which is conducted the principal use of the lot on which it is located.

Principal use means a structure in which is conducted the principal use of the lot on which it is located.

Private garage or carport means an accessory building on a lot used for residential purposes, housing not more than four vehicles and used by occupants of the main building.

Recreational vehicle (RV) park means a parcel of land upon which two or more recreational vehicles are occupied for dwelling or sleeping purposes, regardless of whether a charge is made for such accommodations.

Residential design manufactured home means a manufactured home on a permanent foundation which has a minimum dimension of 22 feet in width, a pitched roof and siding and roof materials which are customarily used on site-built homes.

Salvage yard means an open area where inoperable motor vehicles, used vehicle parts, tires, appliances and scrap metals are bought, sold, stored, processed and handled.

Sanitarium means a private hospital, whether or not such facility is operated for profit, and shall include a nursing home.

Screening means walls, fences, hedges, berms, evergreen trees or any combination thereof that is designed to obstruct land uses from view.

Separate tract means a parcel of land that was under a single ownership and had other ownerships completely surrounding it on the effective date of the ordinance from which this title is derived.

Setback means the required minimum distance between the building line and the related front, side and rear property lines.

Sleeping unit means a room or space in which people sleep. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Sign means any outdoor advertising that is a structure or that is attached to or painted on a building that is leaned against a structure or displayed on the premises.

Storage garage means a structure where more than four vehicles are housed or where the vehicles are used by persons other than occupants.

Street means any property dedicated for and accepted by the city or county for primary public access to lots and does not include the term "alley," which means land devoted to secondary access to lots. Secondary access once established cannot be changed to primary access.

Street line means a lot line dividing a lot from a street.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls except that windows may be inserted or doors cut.

Structure means anything built that requires a permanent location.

Temporary use means uses permitted in each zoning district unless restricted to particular zoning districts, subject to specific regulations and time limits and the other applicable regulations of the district in which the use is permitted.

Truck gardening means the use of land for growing edible vegetables, fruits, and crops for resale and commercial purposes.

Yard means an open space on the same lot as a building. Except as otherwise provided herein, the yard is unoccupied and unobstructed by a structure except for a rear yard or side yard, if setbacks are met, which may be used for an accessory building.

Yard width or depth is the shortest horizontal distance from a lot line to the main building.

Front yard means the area from one side lot line to the other lot line and between the main building line and street line. In case if a comer lot or a double frontage lot, each yard that abuts a street line shall be considered a front yard.

Rear yard means the area from one side lot line to the other side lot line and from the main building line to the rear lot line. In the case of a comer lot, there shall be no rear yard as defined, and in such case the sides opposite the street sides shall be considered as side yards for setback purposes.

Side yard means the area from the front yard line to the rear yard line and from the main building to the side lot line.

Zone or district means a part of the planning area wherein regulations of this title are uniform. The terms "zone" and "district" are synonymous.

(Ord. No. 4114, pt. II, § 1; Ord. No. 4395, § 1, 10-17-2022; Ord. No. 4414, §§ 1, 17, 8-7-2023; Ord. No. 4445, § 1, 10-18-2024)

(a)

All property within the planning area shall be zoned as one or more of the following districts:

(b)

The boundaries of the district are shown on the official zoning map, as amended, properly certified by the city clerk and, by reference, is made a part of this title. The official zoning map shall be kept on file in the office of the city administrator or the office of the building inspector.

(c)

District boundaries are the property lines or the centerlines of roads, streets, or alleys unless otherwise indicated. Where boundaries do not coincide with property lines or the centerlines of roads, streets, or alleys, boundaries shall be determined by the use of the scale shown on the official zoning map.

(Ord. No. 4114, pt. III, §§ 1—3; Ord. No. 4414, §§ 2, 17, 8-7-2023; Ord. No. 4438, § 2, 8-5-2024; Ord. No. 4459, § 2, 8-18-2025)