A.

The use of land invariably has an impact on adjacent land. That impact may be large or small, positive or negative, but its existence is undeniable. The purpose of Zoning Regulations is to control the use and development of land so that positive effects are reinforced and negative effects are minimized. In this manner, the Zoning Regulations act to improve and maintain the general welfare of the citizens of Junction City.

B.

In applying these regulations, the Metropolitan Planning Commission and City Commission of Junction City will rely upon the guidance of the Junction City/Geary County Comprehensive Plan. The policies and recommendations contained within the Plan should be the basis for all zoning decisions.

C.

These regulations apply to all land inside the corporate limits of Junction City and replace the prior 1986 regulations. They have been prepared in conformance with State Statutes.

(Ord. No. G-792, 3-17-92)

Chapters 400 through 445 of this Title, including the Zoning District Maps made a part thereof, shall be known, and may be cited and referred to as the Junction City Zoning Regulations.

(Zoning §1-101; Ord. No. G-637 §2, 4-22-86)

These Zoning Regulations for Junction City, including the formation of a joint City-County Planning Commission and a Board of Zoning Appeals, have been written and adopted in conformance with the Kansas Statutes (Sections 12-753 through 12-765) and are intended to serve the following purposes:

1.

To divide the City of Junction City into zones and districts;

2.

To regulate and restrict the location and use of buildings and the uses of land within each district or zone;

3.

To restrict the use of buildings and land for agricultural, dwelling, business, industry, conservation and other purposes;

4.

To promote the health, safety, morals, comfort, and general welfare;

5.

To conserve and protect property values throughout the City of Junction City; and

6.

To regulate and restrict the height, number of stories and size of structures; the percentage of lots that may be occupied by buildings and other structures; size of yards, courts and other open spaces; and the density of population.

(Zoning §2-101; Ord. No. G-637 §2, 4-22-86; Ord. No. G-792 §2, 3-17-92)

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

ACCESSORY USE: See Section 410.020

ADULT BOOK/NOVELTY STORE: Any establishment or business having five percent (5%) of its stock in trade as books, magazines, photographs, pictures or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specific anatomical areas" as defined herein and/or having more than five percent (5%) of its stock in trade as instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others. For establishment that meets the definition of both an Adult Video/DVD Rental Store and an Adult Book/Novelty Store, the total percentage of stock in trade allowable before such definition is applicable shall be five percent (5%) of both videos/DVDs and books/novelties.

ADULT ENTERTAINMENT DRINKING ESTABLISHMENT: Any establishment licensed by the State or City (said license issued under Title VI of this Code) to sell or dispense alcoholic liquor or cereal malt beverage where the following enumerated conduct occurs within the establishment by the owner, owner's agent, manager, employee, independent contractor or any other person with the approval, permission, acquiescence or tolerance of the owner, owner's agent, manager or employee: Entertainment by dance, performance or otherwise where the entertainer exposes to public view any "specific anatomical area" as defined herein. In no case will dancing, performance or other like conduct be performed by a totally nude person. Further, no dancing, performance or other like conduct will violate any ordinance of the City of Junction City or the laws of the State of Kansas.

ADULT ENTERTAINMENT FACILITY: Any establishment or business which is used for entertainment where the patron engages in physical contact with individuals, devices or equipment, or where individuals, devices or equipment are engaged in physical contact with the patron, with said physical contact involving "specified anatomical areas".

ADULT ENTERTAINMENT REGISTRATION: All establishments that meet the definition of an Adult Entertainment Drinking Establishment, an Adult Book/novelty Store, an Adult Entertainment Facility, an Adult Theater and/or a Massage Parlor (hereinafter "adult use"), as defined herein, are required to register their establishment as an adult use with the Zoning Administrator within sixty (60) days of passage of this text amendment to Title IV. Failure to do so register the establishment will result in denial of such status as an adult use and the establishment will not be deemed to be a non-conforming use, as defined in Chapter 425 of Title IV, if the establishment is not located is a CSS zone. Proper registration as an adult use will permit the establishment to be deemed a non-conforming use under Chapter 425 of Title IV unless the establishment is an area zoned for CSS uses. Adult uses in areas zoned CSS, and properly registered, will be deemed to be permitted uses. Registration will be with the Zoning Administrator on forms provided by the Zoning Administrator. The establishment is required to document the conduct of its business to show that it conformed to the definition of the applicable adult use(s) within the six (6) month period prior to the submission of this text amendment to the Metropolitan Planning Commission for consideration. After the passage of sixty (60) days from the effective date of this text amendment, no further registrations will be permitted and no other establishments may register as an adult use.

ADULT THEATER: An enclosed building with a capacity of two (2) or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein.

ADULT VIDEO/DVD RENTAL STORE: Any establishment or business having five percent (5%) or more of its stock in trade for sale, rental or for on-site viewing as videos, DVDs or similar viewable products which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specific anatomical areas" or "specified sexual activities" as defined herein. For establishment that meets the definition of both an Adult Video/DVD Rental Store and an Adult Book/Novelty Store, the total percentage of stock in trade allowable before such definition is applicable shall be five percent (5%) of both videos/DVDs and books/novelties.

AGRICULTURAL USES: The use of a tract of land not less than five (5) acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided however, such "agricultural use" shall not include the following uses:

1.

The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

2.

Wholesale or retail sales as an accessory use unless the same are specifically permitted by these regulations; or

3.

The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within one hundred (100) feet of any lot line. Agriculture does not include the feeding of garbage to animals, the raising of poultry or fur bearing animals as a principal use, or the operation or maintenance of a commercial stockyard or feed yard.

ALCOHOLIC LIQUOR CATERER: An individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.

ALLEY: A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

APPAREL STORES: Stores selling new clothing for men, women, or children at retail.

APARTMENT HOUSE: See Dwelling, Multiple-Family.

APPLIANCE REPAIRS: The repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators.

APPLIANCE SALES: The sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.

AUTOMOBILE ACCESSORY STORES: Stores engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.

AUTOMOBILE SALES: The sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition; but not including storage of trucks of more than five (5) tons in weight or buses; and, the repair and servicing of such vehicles, but not including body work, painting, or motor rebuilding, unless specifically permitted by the zoning district regulations.

AUTOMOBILE SERVICE STATION: A structure and surrounding land used for the storage and sale of petroleum fuel 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.

AWNING: A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BANKS AND FINANCIAL INSTITUTIONS: Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.

BEVERAGE DISTRIBUTORS: Warehouses for the storage and distribution of beer, soft drinks and other beverages, but not including bottling plants and similar industrial uses.

BLOCK: The land adjoining one side of a street between two (2) consecutive junctions of said street with streets, railway right-of-way or waterways crossing or meeting said side of said street.

BOARDING HOMES FOR CHILDREN: A family home where children not related to the family by blood, marriage, or adoption are cared for twenty-four (24) hours a day. "Boarding homes for children" shall meet all requirements of the Kansas State Board of Health - Maternal and Child Health Division.

BUILDING: Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

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 regulations controlling:

1.

Maximum height.

2.

Maximum lot coverage.

3.

Minimum size of yard and setbacks.

BUSINESS AND PROFESSIONAL OFFICE: The office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

BUSINESS DISTRICT OR COMMERCIAL DISTRICT: Any Zoning district designated with a "C", for example, "CR", "CN", etc.

CANOPY: Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements; or, a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

CAMPGROUND: An area or premises in which space is provided for transient occupancy or use by tourists occupying mobile homes, camping trailers or tents.

CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort.

CAR WASH: A structure, or portion thereof, containing facilities for washing more than two (2) automobiles, using production-line methods with a chain conveyor, blower, steam-cleaning device, or other mechanical device.

CEMETERY: A tract of land of not less than five (5) acres used or intended to be used for the burial of the dead, including columbarium and mausoleums when operated in conjunction with and within the boundaries of such cemetery.

CHILD CARE CENTER: A facility which:

1.

Provides care and educational activities for thirteen (13) or more children two (2) weeks to sixteen (16) years of age for more than three (3) hours and less than twenty-four (24) hours per day including day time, evening and nighttime care; or

2.

Provides before and after school care for school-age children.

A facility may have fewer than thirteen (13) children and be licensed as a center if the program and building meet child care center regulations.

CHURCH: A location, whether in a building or not, used for religious worship. If in a building, a church may include such accessory uses in the main structure or in separate buildings, as Sunday School rooms, assembly rooms, kitchen, recreational facilities and/or library.

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 residential development district and designed and intended for the use and enjoyment of the residents of the planned residential development. "Common open space "does not include streets, alleys, parks, off-street parking or loading areas, public 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 general development plan and are appropriate for the recreation of residents of the planned residential development.

COMPATIBLE: A "Compatibility" factor being reviewed by the Zoning Administrator or other reviewing authority, will be equivalent to existing conditions found to exist on fifty percent (50%) or more of lots or parcels within two hundred (200) feet of the proposed R-DMH (Residential-Design Manufactured Home).

CONVENTIONALLY BUILT RESIDENTIAL STRUCTURE: Any residential structure meeting all local adopted standard and building codes as may be applied to "on-site" or "stick-built" construction and not having any structural components being moved onto the site as pre-constructed, fabricated sections or modules.

CORNER LOT: A lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is one hundred thirty-five degrees (135°) or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot lines and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line.

DAY CARE HOME, GROUP DAY CARE HOME, and FAMILY CHILD CARE HOME: Day Care Home, Group Day Care Home, and Family Child Care Home shall all have the same meaning and usage within the Zoning Ordinances of the City of Junction City, Kansas. Such a facility shall provide care for up to twelve (12) children under sixteen (16) years of age and includes children under ten (10) years of age related to the provider. If there is a contrast between this definition and K.S.A. 65-503(c) or (d) and 65-501 et seq. as well as K.A.R. 28-4-113(i) then this ordinance shall be interpreted in light of the State law and State administrative regulations.

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

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 forty (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.

DOG KENNEL: Any place where five (5) or more dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale.

DRINKING ESTABLISHMENT: Premises which may be open to the general public and where alcoholic liquor by the individual drink is sold.

DRIVE-IN ESTABLISHMENT: An enterprise which accommodates the patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business, or view motion pictures or other entertainment.

DRUG STORE: A retail store in which a pharmacy is the primary component.

DRY CLEANING (Self-Service): An establishment providing facilities with which customers may dry-clean their own clothes or other fabrics.

DRY CLEANING PLANT: An establishment in which clothing and other fabrics are dry-cleaned professionally.

DWELLING: A building or portion thereof, but not a mobile home, designed or used for a residential occupancy.

DWELLING, ATTACHED: A residential building which is joined to another dwelling at one (1) or more sides by a party wall or walls.

DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A residential building containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A residential building containing one (1) dwelling unit only.

DWELLING, TWO-FAMILY: A building containing two (2) dwelling units only.

DWELLING UNIT: One (1) or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

FAMILY:

1.

An individual or two (2) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or

2.

A group of not more than four (4) 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, usual domestic servants.

3.

A "family" may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption.

4.

Nothing in this definition shall be construed to prohibit group homes as defined by K.S.A 12-736 in Single-Family Residential Zones.

FAMILY CHILD CARE HOME: See Day Care Home. Note this is the preferred term within the industry and State guidelines as of August 2024.

FARMER'S MARKET: An indoor or outdoor public market of farm or garden produce. A "farmer's market" of a duration of less than four (4) continuous months per year shall be deemed the seasonal sale of garden or farm produce as designated in Section 410.060(4). "Farmer's markets" exceeding four (4) continuous months of duration shall be deemed to be a food store.

FENCE: A free-standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

FLEA MARKET: An indoor or outdoor public market held periodically at a specific location for the sale of personal property and handicrafts. The establishment of a "flea market" will be either a permitted or conditional use in specific zoning districts. In a "flea market" sales are conducted from individual, independent locations or stalls.

FLOOR AREA: For the purpose of figuring commercial or industrial floor area the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings, shall be computed as follows:

1.

For determining "Floor Area". The sum of the following areas shall also be included:

a.

The basement floor area when more than one-half (½) of the basement height is above the finished lot grade level where curb level has not been established;

b.

Elevator shafts and stairwells at each floor;

c.

Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);

d.

Penthouses;

e.

Attic space having headroom of seven (7) feet, ten (10) inches or more;

f.

Interior balconies and mezzanines;

g.

Enclosed porches; and

h.

Floor area devoted to accessory uses.

Space devoted to off-street parking or loading shall not be included in the "floor area". The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten (10) feet of height, or fraction thereof, as being equal to one (1) floor.

2.

For determining off-street parking and loading requirements. The sum of the following areas:

a.

Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;

b.

Basement floor area devoted to retailing activities; and

c.

"Floor area" devoted to the production of processing of goods or to business or professional offices. For this purpose, "floor area" shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.

FOOD STORES: Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.

FRATERNAL AND/OR SERVICE CLUBS: An association formally organized for a common purpose, or interest, 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 at their annual meeting. 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.

FRONT LOT LINE: See Lot, Line Front.

FRONT YARD: See Yard, Front.

FRONTAGE: The length of a front lot line or lines.

GARAGE, DETACHED: A structure which is used primarily for the storage of self-propelled vehicles, recreational vehicles, and household equipment and personal property owned and used by the occupants of a structure to which it is an accessory and which is fully enclosed and roofed.

GARAGE SALES: All general sales, open to the public, conducted from or on a residential premises in any residential district for the purpose of disposing of personal property. "Garage sales" shall include "lawn" "yard", "attic", "porch", "room", "backyard" "patio", or "rummage" sales. This definition shall not include a situation where no more than five (5) specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

GARDEN STORES: Stores which sell growing plants, seeds, bulbs, shrubs and gardening and landscaping tools, implements and supplies, including lawn furniture.

GROUP BOARDING HOME: A non-secure facility providing residential care for not less than five (5) nor more than ten (10) persons unrelated to the caregivers and includes emergency shelters and maternity homes. For purposes of this definition, the term "non-secure facility" means a facility which provides the resident access to the surrounding community.

GROUP DAY CARE HOME: See Day Care Home.

HEIGHT, MAXIMUM: A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except:

1.

Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located;

2.

Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers.

HOME OCCUPATION: See Section 410.070 through 410.100.

HOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.

INDUSTRIAL DISTRICT: Any zoning district designated with an "I", for example "IL" or "IH", etc.

LAND RESERVE: Unimproved public land reserved for maintenance of an area in a generally natural environment for leisure and/or scenic purposes.

LANDSCAPING: The improvement of a lot, parcel or tract 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.

LAUNDRY: An establishment in which clothing and other fabrics are laundered professionally.

LAUNDRY (SELF-SERVICE): An establishment providing facilities with which customers may launder their own clothes or other fabrics.

LODGING HOUSE: A business establishment which provides sleeping and living quarters (but not individual cooking facilities) in an immovable structure on a weekly or monthly basis.

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

LOT, CORNER: See Corner Lot.

LOT COVERAGE: That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

LOT DEPTH: The distance between the midpoints of the front lot line and the mid-point of the rear lot line.

LOT LINE: Lot Boundary Line. See Lot Line, Front; Lot Line, Rear; Lot Line, Side.

LOT LINE, FRONT: A street right-of-way line forming the boundary of a lot.

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 fifteen (15) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to the front line.

If a zoning lot has two (2) or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

LOT LINE, SIDE: A lot line which is neither a front lot line or 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 Recorder of Deeds of Geary County, or a parcel of land the deed to which was recorded prior to adoption of these Regulations. The owner of such a lot or parcel shall be deemed to be any equitable owner.

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

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

LOT, ZONING: A parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate 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".

MANUFACTURED HOME: A structure which meets or surpasses the Federal Manufactured Home Construction and Safety Standards established pursuant to 42 U.S.C. (United States Code) Section 5403.

MASSAGE PARLOR: An establishment or business which provides the service of body massage by a person not currently licensed or credentialed as a health professional under Articles 11, 20, 28, 29 or 54 of Chapter 65 of the Statutes of Kansas, a cosmetologist licensed under Article 19 of said Chapter 65, or by a touch/therapeutic massage practitioner credentialed by the National Certification Board for Therapeutic Massage and Bodywork, the International Massage Association or the American Massage Therapy Association.

MOBILE HOME: The same as defined in the Mobile Home Ordinance of the City. (See Chapter 555 of this Code.

MODULAR HOME: Factory-built housing certified as meeting the Junction City Building Codes. Once certified by the City, modular homes shall be subject to the same standards as site-built homes.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.

NON-CONFORMING LOT OF RECORD: An unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

NON-CONFORMING USE: An existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

NON-CONFORMITY: A non-conforming use, non-conforming structure, or a nonconforming "lot of record".

NURSING OR CONVALESCENT HOME: An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

OFFICE: See Business and Professional Offices.

OPERATOR: (Barber or Beauty Shop): An operator duly licensed as an operator by the State of Kansas.

OUTDOOR STORAGE: The storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

PACKAGE LIQUOR STORE: An establishment in which alcoholic beverages are sold for consumption off the premises.

PERSONAL PROPERTY: Property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

PHARMACIES: Stores which sell drugs and medicine and medical, surgical and dental supplies and appliances only.

PRESCHOOL: A facility which:

1.

Provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and who are thirty (30) months of age or older;

2.

Conducts sessions not exceeding three (3) hours per session;

3.

Does not enroll any child more than one (1) session per day; and

4.

Does not serve a meal.

The term "preschool" shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer than thirteen (13) children and be licensed as a preschool if the program and facility meets preschool 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.

PRIVATE CLUB: An association organized and operated for profit or 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. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served or sold to members and their guests provided such service or sale of alcoholic beverages is in compliance with all Federal, State, County and local laws.

PUBLIC OPEN SPACE: A parcel of land or an area of water, or a combination of land and water dedicated to public use and enjoyment of the general public. "Public open space" does not include streets, alleys or off-street parking or loading areas.

PUBLIC SEWER AND WATER SYSTEM: Any system, other than an individual septic tank or tile field, or individual well, operated by a municipality or other governmental agency or a public utility for the disposal of wastes and the furnishing of water.

REAR LOT LINE: See Lot Line, Rear.

REAR YARD: See Yard, Rear.

RECREATIONAL VEHICLE (RV): A vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle including, but not limited to: travel trailer, folding camping trailer, truck camper or motor homes. Mobile homes, as defined in Chapter 555 of the Code, are not considered recreational vehicles.

RECREATIONAL VEHICLE PARK: A development, licensed by the City, providing rental spaces for occupancy on a temporary basis by the general public in recreational vehicles, together with certain accessory buildings and uses provided for the benefit and enjoyment of the park.

REMODELING: Any change in a structure (other than incidental repairs and normal 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 the construction of any addition to, or enlargement of, a structure; or the removal of any portion of a structure.

RESIDENTIAL BUILDING: A building all or part of which contains one (1) or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and fraternities.

RESIDENTIAL CENTER: A non-secure facility which provides residential care for more than ten (10) residents unrelated to the caregivers and includes emergency shelters and maternity homes. For purposes of this definition, the term "non-secure facility" means a facility which provides the resident access to the surrounding community.

RESIDENTIAL DISTRICT: Any zoning district designated with an "R" for example, "RS", "RG", etc., or any planned development district that contains residential buildings.

RESIDENTIAL-DESIGN MANUFACTURED HOME: A manufactured home on a permanent foundation which has:

1.

Minimum dimensions of twenty-two (22) feet in width.

2.

A pitched roof.

3.

Siding and roofing materials which are customarily used on site-built homes.

RESTAURANT: A public eating house, including but not limited to the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.

RESTAURANT-CLUB: A Class III licensed food service establishment as defined by K.S.A. 36-501 as amended, which may be licensed as a Private Club or a Drinking Establishment.

RETAIL SALES: The sale of goods, merchandise and commodities for use or consumption.

RIDING STABLES: Structures in which saddle horses are kept, maintained and/or boarded and in connection with which saddle horses are rented to the general public or made available to members of a private club. Exercise rings and show rings shall be considered uses accessory to the use of the premises for a riding stable.

SALVAGE YARD: Any open area used for the collection, storage, abandonment, dismantling or sale of wastepaper, rags, scrap metal or discarded materials, appliances, machinery or unregistered or inoperable motor vehicles.

SCHOOL: Any public or private elementary, junior high, high school, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five (5) days per week and seven months per year.

SCREENING: Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six (6) nor more than eight (8) feet in height.

SEA-LAND CONTAINER: A sea-land container is a unit, usually constructed of steel, which is customarily used for storing construction tools and supplies at a construction site. Such units are also known as cargo boxes and are also used for transporting cargo on water (by loading such units on board ships) and on land (by loading such units on railroad cars). Such units are also usually designed to be capable of stacking one (1) on top of another. Such units are usually designed with one (1) or more access doors and are also usually accessible through the top. Standard sizes of such units are eight (8) feet high and eight (8) feet wide, with lengths varying from ten (10) feet up to forty (40) feet.

SETBACK: The distance between the front lot line and the principal building on the lot.

SIDE LOT LINE: See Lot Line, Side.

SIDE YARD: See Yard, Side.

SIGN: Any writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:

1.

Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground, and

2.

Is used to announce, direct attention to, or advertise, and

3.

Is not located inside a building.

SPECIFIED ANATOMICAL AREAS: The pubic region, buttocks, the female breast area below a point immediately above the top of the areola, or human genitals, whether or not they are in a state of sexual stimulation or arousal.

SPECIFIED SEXUAL ACTIVITIES: Activities which depict or describe human genitals in a state of sexual stimulation or arousal; activities which depict or describe fondling or other touching of human genitals, the pubic region, buttocks or female breasts; or activities which depict or describe masturbation, sexual intercourse or sodomy between persons or animals.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences, signs, billboards, sheds, towers, and bins. For purposes of these Regulations, central air-conditioning condensing units and similar cooling system apparatus, other than so-called "window" or "room" conditioners, shall be considered as "structures".

STRUCTURE, STORAGE: Any structure that is used for storage and does not have a door or other entranceway into a dwelling unit and that does not have water fixtures within its confines, the use of which is limited solely to storage of inanimate objects.

TATTOO STUDIO: A business licensed by City Ordinance in which the operator makes permanent marks or designs on the skin of a human being by puncturing it.

TAVERN: An establishment in which the principal function is the selling or serving of beer having an alcoholic content of no greater than three and two-tenths percent (3.2%) by volume to customers for consumption on the premises.

TEMPORARY ALCOHOLIC LIQUOR SALES: The location where a holder of a Temporary Permit as defined in Section 605.210 of this Code, offers for sale, sells or serves alcoholic liquor for consumption on unlicensed premises, open to the public.

TEMPORARY USE: See Section 410.060.

TOUCH/THERAPEUTIC MASSAGE: An establishment or business which provides the service of body massage by a person currently licensed or credentialed as a health professional under Articles 11, 20, 28, 29 or 54 of Chapter 65 of the Statutes of Kansas, a cosmetologist licensed under Article 19 of said Chapter 65, to the extent allowed by such cosmetology license, or a touch/therapeutic massage practitioner credentialed by either the National Certification Board of Therapeutic Massage and Bodywork, the International Massage Association or the American Massage Therapy Association.

TRAILER: A vehicle standing on wheels or on rigid supports which is used for transporting boats or cargo or property.

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 conditional uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.

VARIANCE: An authorization from the Board of Zoning Appeals to modify a specific requirement of these Zoning Regulations as it applies to a particular piece of property. See Article V of Chapter 440 of this Title for further information.

VEHICLE, RECREATIONAL: All-terrain vehicles, boats, jet skis, motor homes, camping trailers and other personal property used for recreational purposes.

VISION CLEARANCE AREA: A triangular area at the intersection of two (2) streets in which nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between two and one-half (2½) feet and eight (8) feet above the elevation of the curb. See Section 400.330 for further information.

WAREHOUSE: A structure intended for the enclosed storage of goods, supplies, equipment or other items. The term "warehouse" does not necessarily include the storage of items outside an enclosed structure.

WHOLESALE SALES: The sale of goods, merchandise and commodities for resale.

WIDTH, LOT: See Lot Width.

YARD: Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in Section 400.280.

YARD, FRONT: A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance there from equal to the depth of the required front yard. On a corner lot, the front yard shall be determined by the City Official issuing the building permit.

YARD, 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 there from equal to the depth of the required rear yard. In the case of a corner lot, the lot line opposite the front yard shall be the rear lot 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 there from equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of these Regulations refer to the required width of each side yard rather than to the width of both side yards, unless otherwise specified.

YMCA, YWCA, BOY SCOUTS, GIRL SCOUTS, CAMP FIRE GIRLS AND OTHER SIMILAR GROUPS: An association formally organized for a common purpose, or interest, and operated not for profit for persons who are bona fide members, which owns, hires, or leases premises, the use of which premises is primarily utilized for the promotion of the common purpose or interest of the association. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. No alcoholic beverages may be served or sold on the premises.

(Zoning §13-201; Ord. No. G-595 §2, 6-12-84; Ord. No. G-637 §2, 4-22-86; Ord. No. G-644 §1, 9-9-86; Ord. No. G-696 §8, 4-5-88; Ord. No. G-745 §1, 2-6-90; Ord. No. G-770 §9, 2-19-91; Ord. No. G-780 §5, 5-21-91; Ord. No. G-781 §3, 7-2-91; Ord. No. G-792 §13, 3-17-92; Ord. No. G-823 §1, 2-1-94; Ord. No. G-883 §1, 2-16-99; Ord. No. G-961 §1, 2-17-04; Ord. No. G-966 §1, 6-15-04; Ord. No. G-983 §1, 8-2-05; Ord. No. G-1004 §1, 9-5-06; Ord. No. G-1063 §1, 2-16-10; Ord. No. G-1083, §1, 12-7-10; Ord. No. G-1113, §1, 7-3-12; Ord. No. G-1127, § 1, 3-5-13; Ord. No. G-1309, §1, 10-1-24)

The provisions of these Regulations shall apply to structures and land in the City of Junction City. These Regulations do not apply to land outside the City of Junction City (see Geary County Zoning Regulations).

(Zoning §3-101; Ord. No. G-637 §2, 4-22-86)

All structures built hereafter shall comply with all of the provisions of these zoning regulations. Any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless Chapter 425 of this Title permits such structures to be rebuilt or restored.

(Zoning §3-102; Ord. No. G-637 §2, 4-22-86)

If a use of any structure is hereafter changed to another, then the new use must comply with the Use Regulations of these zoning regulations, but the mere establishment of the new use does not require the existing structure to conform to the Lot Size Requirements or the Bulk Regulations of these zoning regulations.

(Zoning §3-103; Ord. No. G-637 §2, 4-22-86)

If any structure is hereafter remodeled:

1.

The entire structure as remodeled shall comply with the Use Regulations of these zoning regulations.

2.

Any alterations of, enlargements, or additions to the structure shall comply with the Bulk Regulations of these zoning regulations.

3.

The off-street parking facilities shall not be reduced below (or if already less than, shall not be further reduced below) the requirements applicable to a similar new structure or use.

(Zoning §3-104; Ord. No. G-637 §2, 4-22-86)

If any use of open land is hereafter established or if any use of open land is hereafter changed to another use, such new use shall comply with all the provisions of these Zoning Regulations.

(Zoning §3-105; Ord. No. G-637 §2, 4-22-86)

The following structures and uses shall be exempt from the provisions of these Regulations:

1.

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by public utility but not including substations located on or above the surface of the ground.

2.

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. This exemption shall not include any facilities and equipment listed as a permitted use in the "IH" Heavy Industrial District.

3.

Agricultural structures or land used for agriculture. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable Regulations included herein.

(Zoning §3-106; Ord. No. G-637 §2, 4-22-86)

A.

The City of Junction City is hereby divided into twenty-one (21) Zoning Districts as follows:

1.

"RS" Suburban Residential District. A district designed for single-family dwellings at a density not less than ten thousand (10,000) square feet per dwelling unit.

2.

"RG" General Residential District. A district designed for single-family dwellings at a density not less than six thousand (6,000) square feet per dwelling unit.

3.

"RD" Duplex Residential District. A district designed for single-family and two-family dwellings at a density of not less than six thousand (6,000) square feet per dwelling unit for single-family dwellings and three thousand five hundred (3,500) square feet per dwelling unit for two-family dwellings with no single lot less than six thousand (6,000) square feet.

4.

"RM" Multi-family Residential District. A district designed primarily for multiple-family residences at a density of not less than five thousand (5,000) square feet per dwelling unit for single-family dwelling; three thousand five hundred (3,500) square feet per dwelling unit for two-family dwellings; and one thousand (1,000) square feet per dwelling unit for each unit in excess of two (2) units with the provision that no single lot shall be less than five thousand (5,000) square feet.

5.

"MH" Mobile Home Park District. A district designed to accommodate mobile home parks.

6.

"CR" Restricted Commercial District. A district designed to provide for restricted business activities adjacent to major streets.

7.

"CN" Neighborhood Commercial District. A district designed to provide for a broad range of retail shopping facilities in shopping centers and in outlying business districts.

8.

"CC" Central Commercial District. A district designed to permit businesses and uses which are compatible with the existing character of the Junction City Central Business District.

9.

"CS" Service Commercial District. A district designed to permit business uses which are primarily oriented toward highway and arterial streets for their customers and which are compatible to the character of existing commercial streets in Junction City.

10.

"CG" General Commercial District. A district designed to permit the sale of equipment and products which are large and not necessarily compatible with uses permitted in other business districts. Examples of "CG" uses are earth moving equipment, mobile homes sales, tractors and trucks.

11.

"CSP" Special Commercial District. A district designed for those business and commercial uses which draw their customers from motorists using major arterials, or for whom a location on an arterial street is especially useful or necessary.

12.

"CCS" Central Commercial Special District. A district designed to provide for a broad range of retail shopping facilities.

13.

"CSR" Service Commercial Restricted District. A district designed to provide for those businesses and commercial uses which draw their customers from motorists on the highway, or for whom a location on a highway or arterial street is especially useful or necessary.

Although some of the typical retail uses are permitted in other commercial districts, most of these permitted uses in this district would not blend well into a prime retail area.

14.

"CSS" Commercial Service Special District. Commercial Service Special District is designed for a very narrow blend of Special Purpose Business.

15.

"IR" Restricted Industrial District. A district designed to permit light manufacturing and processing uses which shall be carried on within an enclosed structure.

16.

"IL" Light Industrial District. A district designed to permit light manufacturing and processing uses.

17.

"IH" Heavy Industrial District. A district designed to permit those industrial uses which by their very nature cannot be compatible with adjacent districts.

18.

"AP" Airport District. A district designed to accommodate airports and certain uses which are associated with airports.

19.

"IP" Industrial Park District. A district designed to permit a broad range of industrial activities within certain limitations.

20.

"LR" Land Reserve District. A district designed to accommodate unimproved public land reserved for maintenance of an area in a generally natural environment for leisure and/or scenic purposes.

21.

"PDD" Planned Development District. A district designed to accommodate flexible land use when traditional zoning regulations are difficult or impossible to implement.

B.

From time to time, planned development districts may also be established pursuant to the provisions of Chapter 435 of this Title.

(Zoning §3-201; Ord. No. G-345 §2, 11-14-72; Ord. No. 595 §1, 6-12-84; Ord. No. G-637 §2, 4-22-86)

A.

The boundaries of the districts listed in Subsection (A) are as indicated on the zoning maps of the City of Junction City, a record copy of which is on file in the office of the Inspection Department and identified on its face as part of these zoning regulations. Each of the said zoning maps, with all notations, references and other matters shown thereon, is as much a part of these zoning regulations as if such notations, references and other matters were specifically set forth herein.

B.

It is the intent of these Regulations that the entire area of the City of Junction City, including all the land and water areas, rivers, streets, alleys and railroads and other right-of-way be included in the districts established in this Section. Any area not shown on the said zoning map as being included in any district shall be deemed to be unclassified. Any such area which is deemed to be unclassified shall be referred to the Planning Commission for a recommendation on the appropriate zoning classification. In making this determination, the Planning Commission shall follow the procedure for amending the zoning district Maps as specified in Chapter 445.

(Zoning §3-202; Ord. No. G-637 §2, 4-22-86)

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

1.

The district boundaries are the centerlines of streets or alleys, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of a street or alley the centerline of such street or alley shall be construed to be the boundary line of such district.

2.

Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

3.

Where the district boundaries do not coincide with the location of streets, alleys or lot lines, the district boundaries shall be determined by the use of the scale shown on the zoning map.

4.

When a lot held in one (1) ownership on the effective date of these Regulations is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless the application of this construction would increase the area of the less restrictive portion of the lot by more than twenty-five percent (25%).

(Zoning §3-203; Ord. No. G-637 §2, 4-22-86)

All streets, alleys, public ways, waterways and right-of-way, if not otherwise specifically designated shall be deemed to be in the same zone as the property immediately abutting such streets, alleys, public ways, waterways or railroad right-of-way. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Zoning §3-204; Ord. No. G-637 §2, 4-22-86)

No structure shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied or designed for use of occupancy except for a use that is permitted within the zoning district in which the structure or land is located.

(Zoning §3-301; Ord. No. G-637 §2, 4-22-86)

No use of a structure or land that is designated as a conditional use in any zoning district shall hereafter be established, and no existing conditional use shall hereafter be changed to another conditional use in such district unless a conditional use permit is secured in accordance with the provisions of Sections 440.360 through 440.420 of this Title. No conditional use shall restrict the establishment of a permitted use allowed in the zoning district in which such use is, or will be, located.

(Zoning §3-302; Ord. No. G-637 §2, 4-22-86; Ord. No. G-713 §1, 12-6-88)

A.

No structure, or part thereof, shall hereafter be built, or moved or remodeled and no structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy on a zoning lot which is:

1.

Smaller in area than the minimum area, or minimum lot area per dwelling unit, required in the zoning district in which the structure or land is located;

2.

Narrower than the minimum lot width required in the zoning district in which the structure or land is located; or

3.

Shallower than the minimum lot depth required in the zoning district in which the structure or land is located.

4.

These requirements may be modified by the provisions of Chapter 425, Non-conformities.

B.

No existing structure shall hereafter be remodeled as to conflict or further conflict, with the lot area per dwelling unit requirements for the zoning district in which the structure is located.

(Zoning §3-303; Ord. No. G-637 §2, 4-22-86)

A.

In these Regulations, bulk requirements are expressed in terms of maximum structure height, maximum lot coverage, minimum setbacks and minimum front, side and rear yards. No structure, or part thereof, shall hereafter be built or moved or remodeled and all structures or land shall hereafter be used, occupied or designed for use of occupancy:

1.

So as to exceed the maximum lot coverage percentage, or the maximum of structure height specified for the zoning district in which the structure is located; or

2.

So as to provide any setback or front, side or rear yard that is less than that specified for the zoning district in which such district or use of land is located or maintained.

B.

These requirements may be modified by the provisions of Chapter 425, Non-conformities.

(Zoning §3-304; Ord. No. G-637 §2, 4-22-86)

No permitted or conditional use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted or conditional use already established on the effective date of these Regulations shall be altered, modified or enlarged so as to conflict, or further conflict with, the use limitations for the zoning district in which such use is located.

(Zoning §3-305; Ord. No. G-637 §2, 4-22-86)

No accessory structures or uses, as defined in Section 410.020 shall hereafter be built, moved or remodeled; established, altered or enlarged unless such accessory structure or use is permitted by Section 410.030 of this Title.

(Zoning §3-306; Ord. No. G-637 §2, 4-22-86)

No temporary structure or use shall hereafter be built, established moved or remodeled, altered or enlarged unless such temporary structure or use is permitted by Section 410.060 of this Title.

(Zoning §3-307; Ord. No. G-637 §2, 4-22-86)

No home occupation, as defined by Section 410.080 shall hereafter be established, altered or enlarged in any residential district unless such home occupation:

1.

Complies with the conditions and restrictions imposed by Section 410.090 and

2.

Is not listed as a prohibited home occupation in Section 410.110.

(Zoning §3-308; Ord. No. G-637 §2, 4-22-86)

No signs shall hereafter be built, and no existing signs shall be moved or remodeled unless such sign complies or will thereafter comply, with the requirements of Chapter 650 of this Code.

(Zoning §3-309; Ord. No. G-637 §2, 4-22-86)

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required by Chapter 420 are provided. No structure or use already established on the effective date of these Regulations shall be enlarged unless the minimum off-street parking and loading spaces which would be required by Chapter 420, are provided for the whole structure or use as enlarged.

(Zoning §3-310; Ord. No. G-637 §2, 4-22-86)

Use of a structure or land by a Special Use Permit may occur in any zoning district provided the Special Use Permit is secured in accordance with the appropriate provisions of these regulations. Special Use Permits may be used to allow uses to occur in a more restrictive zoning district rather than to seek rezoning to a more permissive zoning district.

(Ord. No. G-1096, §1, 4-19-11)

A.

Not more than one (1) principal residential structure shall be located on a single zoning lot, unless permitted by the district regulations in which located, nor shall a principal residential building be located on the same zoning lot with any other principal building, except as may be permitted by Chapter 435 of this Title relating to planned development districts, and as allowed by the issuance of a Special Use Permit as provided in Chapter 455 of this Title.

B.

In business or industrial districts, any number of structures (except residential structures), and uses may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which it is located and all structures must meet applicable yard and bulk requirements.

(Zoning §3-401; Ord. No. G-637 §2, 4-22-86; Ord. No. G-1096, §2, 4-19-11)

If a recorded subdivision plat imposes a building or setback line for a lot which is less than the minimum setback or front yard required by the applicable Section of these Regulations, then notwithstanding any other provision of these Regulations, the minimum setback or minimum front yard charge shall be the setback required in these Regulations.

(Zoning §3-402; Ord. No. G-637 §2, 4-22-86)

If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for said zoning lots shall be provided and maintained unless some other provisions of these Regulations requires or permits a different minimum setback, front or side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open public recreation areas.

(Zoning §3-403; Ord. No. G-637 §2, 4-22-86)

A.

No part of the lot area, or of a yard, or other open space, or off-street parking or loading space provided in connection with any structure or use in order to comply with these Regulations shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area or of a yard, or open space, or off-street parking or loading space required for any other structure or use, except as specifically provided herein.

B.

For the purposes of zoning, all of the lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with these Regulations shall be located on the same zoning lot as such structure or use.

C.

No part of the lot area or of the yard, other open space, or off-street parking or loading space provided in connection with any structure or use (including but not limited to, any structure or use existing on the effective date of these Regulations or of any amendment thereof) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of these Regulations for the equivalent new construction.

(Zoning §3-404; Ord. No. G-637 §2, 4-22-86)

A.

The following shall not be obstructions when located in a required yard:

1.

In All Yards. Open terraces, decks and/or a porch not over thirty (30) inches above the average level of the adjoining ground; provided however, no terrace, deck or porch shall be permitted to be permanently roofed; steps thirty (30) inches or less above grade which are necessary for access to a permanent structure or for access to a lot or to a lot from a street or alley; ramps and/or landings required for handicapped access to a building or structure; fences when authorized by and constructed in conformance with the provisions of Section 410.030 of this Code; and signs, when permitted by Chapter 650 of this Code.

Note: For the purposes of determining height as noted above, the measurement is to the surface of the terrace, deck, porch or landing for the top step and does not include the additional height mandated by Building Codes calling for the installation of hand railing protection for said terrace, deck, porch or steps.

2.

In Any Yard Except a Front Yard. Accessory uses permitted by Chapter 410.

B.

Permits and payment of all applicable fees are required for all proposed structures covered by this section. A permit is required for all fence construction. Fees shall be set by Resolution of the City Commission.

C.

Political campaign signs, per Section 650.150, shall not be considered obstructions so long as they do not impede sight lines or sight distance for vehicular or pedestrian traffic or otherwise violate the codes and ordinances of the City.

(Zoning §3-405; Ord. No. G-637 §2, 4-22-86; Ord. No. G-1045, 12-16-08; Ord. No. G-1174, §1, 10-20-15; Ord. No. S-3214, §1, 2-4-20; Ord. No. G-1266, §2, 9-15-20)

No land which is located in a residential district shall be used for a driveway, walkway or access purpose to any land which is located in any business or industrial district.

(Zoning §3-406; Ord. No. G-637 §2, 4-22-86)

All land annexed by the City of Junction City into its municipal boundaries shall, from and after the effective date of such annexation, be subject to the zoning regulations for the district as designated by the annexing ordinance. The annexing ordinance shall use a zoning designation most similar to the zoning designation utilized by the County. If the City or landowner seeks to rezone the land during the annexation process, then the party seeking rezoning shall go through the process for a public hearing before the Planning Commission.

(Zoning §3-407; Ord. No. G-637 §2, 4-22-86; Ord. No. G-1271, §1, 5-4-21)

Notwithstanding any other provision of these regulations, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located:

1.

Electric and telephone substations and distribution systems.

2.

Gas regulator stations.

3.

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the transmission of electricity, gas or water.

4.

Pumping stations.

5.

Transformer stations.

6.

Water towers or standpipes.

(Zoning §3-408; Ord. No. G-637 §2, 4-22-86; Ord. No. G-1066 §1, 5-4-10)

All principal structures built hereafter, shall be served by and connected to a public sewer and water system, as defined in Section 400.030 of this Chapter, unless exempted by other ordinances of the City.

(Zoning §3-409; Ord. No. G-637 §2, 4-22-86)

A.

Definition—Included Area. A "Vision Clearance Triangle" is a triangular area at the intersection of two (2) streets in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between two and one-half (2½) feet and eight (8) feet above the elevation of the curb at the intersection. The area included in a "Vision Clearance Triangle" shall be bounded on two (2) sides by the centerlines of each street, and on the third (3rd) side by a line connecting the two (2) centerlines at points a distance of ninety (90) feet from the intersection of the centerlines. This distance shall be reduced to seventy-five (75) feet for any street not classified as a collector or arterial street by the City.

B.

This requirement shall not apply to land in the "CC" or "CCS" Districts.

C.

Vision Clearance Triangle.

(Zoning §3-410; Ord. No. G-637 §2, 4-22-86)

1.

The only signage permitted shall be a non-illuminated wall sign. Apart from the aforementioned requirement, the sign shall follow all other requirements for a "Residential Sign" per the City Ordinances pertaining to signs contained in Ordinances 650.020 et seq.

2.

No outside play equipment shall be placed in the front yard area of the property without functional, maintained, Ordinance/Code-compliant fencing.

3.

The day care home, group day care home, or family child care home shall have provide a premises meeting the requirements of both residential codes of the City and the regulations promulgated by the Kansas Department of Health and Environment.

4.

All outside play areas shall meet the requirements set by KDHE and the Kansas State Fire Marshal. Any requirements put forth by the State shall meet City Ordinance or Code.

5.

Day care homes, group day care homes, or family child care homes, where permitted by these Regulations, shall be conducted within the principal residential building only and shall not be allowed in any accessory building or structure.

(Ord. No. G-1113, §2, 7-3-12; Ord. No. G-1123, § 1, 11-6-12; Ord. No. G-1309, §2, 10-1-24)

A.

In the construction of these Regulations, the provisions and rules of this Subsection (A) shall be preserved and applied, except when the context clearly requires otherwise:

1.

Words used in the present tense shall include the future.

2.

Words in the singular number include the plural number, and words in the plural number include the singular number.

3.

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

4.

The word "shall" is mandatory.

5.

The word "may" is permissive.

6.

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

7.

The word "City" means the City of Junction City.

8.

Unless otherwise specified, all distances shall be measured horizontally.

9.

The phrase "City Planning Area" means the incorporated area of the City of Junction City and the unincorporated area surrounding Junction City and designated in the Development Plan as the Planning Area.

B.

Any word or phrase which is defined in Subsection (A) hereof, Section 400.030, or elsewhere in these Regulations, shall have the meaning as so defined whenever the word or phrase is used in these Regulations, unless such definition is expressly limited in its meaning or scope.

(Zoning §13-101; Ord. No. G-637 §2, 4-22-86)

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 and welfare.

B.

Overlapping or Contradictory Regulations. Where the conditions imposed by any 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 these Regulations or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.

C.

Private Agreements. These Regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided however, that where these Regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, these Regulations shall govern.

D.

Unlawful Uses. No structure or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these Regulations, said structure or use 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 or to locate, construct, or maintain any structure or facility or to carry on any trade, industry, occupation or activity.

(Zoning §13-102; Ord. No. G-637 §2, 4-22-86)

It is hereby declared to be the intention of the City that the several provisions of these Regulations are separable, in accordance with the following rules:

1.

If any court of competent jurisdiction shall adjudge any provision of these Regulations to be invalid, such judgment shall not affect any other provisions of these Regulations.

2.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of these Regulations to a particular property or structure, such judgment shall not affect the application of said provision to any other property or structure.

(Zoning §13-103; Ord. No. G-637 §2, 4-22-86)

Nothing in these Regulations shall be deemed to require any change in plans, construction or designated use of any structure in the event that:

1.

A building permit and a zoning certificate for such structure was lawfully issued prior to the effective date of these Regulations, or the effective date of any amendment thereof, and

2.

Such permit and certificate had not by their own terms expired prior to such effective date, and

3.

Such permit and certificate were issued on the basis of an application showing complete plans for proposed construction, and

4.

There has been a substantial change of position, substantial expenditure, or occurrence of substantial obligations by the permit and certificate holder in reliance on such permit and certificate, and

5.

Such change of position, expenditures or incurrence of obligations were made prior to published or actual notice of a proposed amendment of these Regulations, which amendments, would have made illegal the issuance of such permit or certificate, and

6.

Construction pursuant to such permit and certificate is completed prior to the expiration of such permit or certificate.

7.

When a structure is completed under a permit or certificate to which this Subsection (D) applies, an occupancy certificate shall be issued in accordance with the zoning regulations in effect at the time the building permit or zoning certificate was issued.

(Zoning §13-104; Ord. No. G-637 §2, 4-22-86)

The following fees shall be adopted for any matters relating to Zoning or Subdivision Regulations for the City of Junction City, Kansas:

(Zoning §11-701; Ord. No. G-637 §1, 4-22-86; Ord. No. G-716 §1, 12-27-88; Ord. No. G-1028, 8-21-07; Ord. No. S-3215, §1, 3-17-20)

A.

A person who is found to have violated, disobeyed, omitted, neglected or refused to comply with or resists the enforcement of any of the provisions of these Regulations shall be fined not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense.

B.

Violations of these Regulations shall be determined by a Municipal Court Judge.

(Zoning §11-702; Ord. No. G-637 §1, 4-22-86)