Junction City City Zoning Code
CHAPTER 410
Accessory Uses, Temporary Uses and Home Occupations
Section 410.010 Authorization.
[Zoning § 5-101; Ord. No. G-637, 4-22-1986]
Accessory uses are permitted in any zoning district in connection with any principal use which is permitted.
Section 410.020 Definition.
[Zoning § 5-102; Ord. No. G-637, 4-22-1986]
ACCESSORY USE
Is a structure or use which:
A.
Is subordinate to and serves a principal building and principal use;
B.
Is subordinate in area, extent or purpose to the principal building or building served;
C.
Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or building served;
D.
Is located on the same lot as the principal building or principal use served.
Section 410.030 Permitted Accessory Uses.
[Zoning § 5-103; Ord. No. G-637, 4-22-1986; Ord. No. G-966, 6-15-2004; Ord. No. G-983, 8-2-2005; Ord. No. G-1174, 10-20-2015; Ord. No. G-1197, 8-16-2016; Ord. No. G-1231, 11-20-2018]
A.
Any structure or use in residential districts that complies with the terms of Section 410.020 may be allowed as an accessory use or structure. Accessory structures and uses include, but are not limited to, the following list of examples; provided that in each case such structure must fit the general definition of "accessory use" contained in Section 410.020 of this Chapter.
B.
Residential Districts:
1.
Storage structures.
2.
A child's playhouse, provided it shall not be more than 100 square feet in floor area and shall be in keeping with principal structure.
3.
A detached garage.
4.
A private swimming pool and bathhouse.
5.
A guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units for permanent occupancy as housekeeping units.
6.
Statuary, arbors, trellises, barbecue stoves, flagpoles, hedges subject to the restrictions of Section 220.855 of this Code, laundry drying equipment not exceeding six feet in height.
7.
Fallout shelters, provided they shall not be used for any principal or accessory use not permitted in the Zoning District.
8.
Satellite dish-antennas, provided the total height is less than 12 feet and the antenna is securely fastened to the ground.
9.
Wind-powered generating systems, provided the following standards are met:
a.
No tower or propeller shall be located so as to be within a distance equal to its height of any structure, power line or antenna located on any other piece of property.
b.
The height of the tower and propeller shall not exceed by more than 50% the height limitation of the district in which it is located and the bottom tip of any propeller shall be at least 10 feet above any accessible pedestrian area.
c.
The system and its component parts shall be totally surrounded by a fence at least six feet and not more than eight feet in height.
d.
The system shall not cause interference to radio or television reception on adjacent property.
e.
The system shall contain a braking device for winds in excess of 40 miles per hour.
10.
Storage of boats, boat trailers, camping trailers and travel house trailers; provided, no part of such storage area is located in the front yard setback and that no truck or bus having a manufacturer's rating of more than one ton shall be permitted; provided, further, the location for the storage of the vehicles permitted herein shall comply with all other provision of this Code including the requirement the area for such storage shall be paved. (Section 220.870 and Section 420.020)
11.
Fences or walls, subject to the following:
a.
Fences or walls may be constructed to a maximum height of six feet above the average grade; except concerning the height restriction for fencing in front yards and on corner lots as established in this Section. In determining the height of a fence, the material used in the fence posts shall not be considered; provided said post does not exceed the height of the fence by more than one foot, unless determined by the Codes Administrator as being an integral part of the overall design of a decorative fence.
b.
A Fence Permit, and payment of all applicable fees, shall be required for all fences or walls.
c.
Construction of fences exceeding six feet in height require a Building Permit and shall comply with the requirements established by the Codes Administrator.
d.
Fences or walls (including retaining walls) in any "PDD" Planned Development District shall be approved by the Planning Commission as part of the development plan prior to the issuance of any fence permit.
e.
Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least two feet from any street right-of-way, and where the wall does not extend more than six inches above the ground level of the land being retained, unless otherwise permitted by the Codes Administrator.
f.
On all properties residentially used, irrespective of the underlying zoning classification, the following restrictions and standards shall apply to all fences and walls:
(1)
Location.
(a)
Front Yard. Fences erected in the front yard shall not exceed four feet in height. Specifically prohibited in front yards are fences constructed with materials commonly defined as "chicken wire" or similar nature, and privacy fences. Fencing in front yards shall not have an opacity level exceeding 50% regardless of the material used for the construction of the fence.
(b)
Any Corner Lot. Fences erected along the street frontage of a corner lot that is considered the "front yard", shall not exceed four feet in height. Fences erected along the street frontage of a corner lot that is not considered the "front yard" shall not exceed six feet in height; provided, however, if that frontage abuts a lot whose front yard is the same street frontage, the provisions of fencing shall comply with the "front yard" restrictions listed herein (i.e. height is limited to four feet and must comply with the opacity requirements). The requirements for protecting the vision triangle at intersections established within the City Code shall apply and may override the construction of a fence of any height.
(c)
Rear Yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. Fencing over a platted or recorded easement shall be subject to the restrictions outlined in Section 505.050 of the City Code. In the case of a double frontage lot whose rear yard abuts a collector or local street, a fence or wall may be constructed, except the provisions for a front yard as stated above shall apply for both frontages.
A fence or wall in the rear yard whose property abuts a public alley shall be setback from the rear property line a minimum of three feet, and shall provide at least one gate sufficient for access for maintenance and mowing purposes.
(d)
Side Yard. A fence or wall may be constructed on the side property line. Fencing over a platted or recorded easement shall be subject to the restrictions outlined in Section 505.050 of the City Code.
(2)
Design Standards.
(a)
All fences shall be constructed with materials that are decorative in nature. Generally acceptable materials include, but are not limited to, the following:
i.
Wrought iron.
ii.
Picket.
iii.
Split rail.
iv.
Chain link.
v.
Masonry.
vi.
Wood.
vii.
Composite and/or vinyl.
viii.
Other decorative materials approved by the Codes Administrator.
Specifically prohibited are fences constructed with materials commonly defined as "chicken wire" or similar nature.
(b)
All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside of the fence, unless the Codes Administrator determines said posts and support beams are designed as an integral part of the finished surface.
(c)
Spikes And Barbed Wire Fences. No person shall place or permit to be placed any spikes or sharp pointed cresting on fencing, or any barbed wire fencing anywhere within the City. This restriction shall not apply to public infrastructure, private utility infrastructure or other public facilities which are fenced with these amenities on the fencing for security purposes only.
(d)
Electric Fences. No person shall erect a fence containing uninsulated electric conductors that may be exposed to human contact anywhere within the City.
g.
Modifications to any of the standards established herein shall only be allowed upon the approval of a Special Exception by the Board of Zoning Appeals as authorized by Chapter 440, Article VII, of this Code.
C.
Commercial And Industrial:
1.
Signs, when permitted by Chapter 650 of this Code.
2.
Off-street parking and loading spaces, as regulated by Chapter 420 of this Title.
3.
Storage of equipment and supplies, but not including outdoor storage unless specifically permitted in the district regulations.
4.
Restaurants, drug stores, gift shops, clubs and lounges and newsstands, when located in a permitted hotel, motel or office building.
5.
Employee restaurants and cafeterias, when located in a permitted business or manufacturing or industrial building.
6.
Satellite dish antennas.
7.
Sea-land containers with the following restrictions:
a.
No sea-land container shall be placed or maintained on real estate zoned residential or used residentially.
b.
A sea-land container shall be considered a "structure", subject to all the restrictions, requirements and other provisions of the Building Code of Junction City, Kansas, as in effect and amended from time to time.
c.
A sea-land container shall be placed on a concrete pad. No anchoring shall be required.
d.
The restrictions set forth in Subsection C7a and b above shall not apply to:
(1)
Sea-land containers offered for sale or rent from real estate which is zoned for commercial or industrial use; or
(2)
Sea-land containers which are utilized in connection with construction or other work for which a current permit, if required, has been issued by the City of Junction City, Kansas.
e.
No sea-land container shall be used for or adapted for use as a residence, office or other use involving human occupancy.
f.
The placement of any and all sea-land containers for any purpose shall be subject to the setback requirements applicable to buildings under the applicable provisions of the Junction City zoning regulations.
g.
Sea-land containers shall not be stacked.
h.
The owner of an existing non-conforming sea-land container shall be required to either remove or alter the sea-land container in such a manner that would bring the sea-land container into compliance with the regulations of this Code no later than one year after the date of passage of this Section.
8.
Fences or walls, subject to the following:
a.
Fences or walls may be constructed to a maximum height of six feet above the average grade. In determining the height of a fence, the material used in the fence posts shall not be considered; provided said post does not exceed the height of the fence by more than one foot, unless determined by the Codes Administrator as being an integral part of the overall design of a decorative fence.
b.
Construction of fences exceeding six feet in height require a Building Permit and shall comply with the requirements established by the Codes Administrator.
c.
A Fence Permit, and payment of all applicable fees, shall be required for all fences or walls.
d.
Fences or walls (including retaining walls) in any "PDD" Planned Development District shall be approved by the Planning Commission as part of the development plan prior to the issuance of any fence permit.
e.
Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least two feet from any street right-of-way, and where the wall does not extend more than six inches above the ground level of the land being retained, unless otherwise permitted by the Codes Administrator.
f.
On all property commercially or industrially used, irrespective of the underlying zoning classifications, the following restrictions and standards shall apply to all fences and walls.
(1)
Location.
(a)
Front Yard. Fences erected in the front yard, as defined in Section 400.030 shall not exceed six feet in height. Fencing in front yards shall have a maximum opacity level of 50% regardless of the material used for the construction of the fence.
(b)
Any Corner Lot. Fences on all corner lots shall be subject to the same restrictions for a front yard, and shall be applicable for both street frontages. The requirements for protecting the vision triangle at intersections established within the City Code shall apply and may override the construction of a fence of any height.
(c)
Rear Yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. Fencing over a platted or recorded easement shall be subject to the restrictions outlined in Section 505.050 of the City Code. In the case of a double frontage lot whose rear yard abuts a collector or local street, a fence or wall may be constructed, except the provisions for a front yard as stated above shall apply for both frontages.
A fence or wall in the rear yard whose property abuts a public alley shall be setback from the rear property line a minimum of three feet, and shall provide at least one gate sufficient for access for maintenance and mowing purposes.
(d)
Side Yard. A fence or wall may be constructed on the side property line. Fencing over a platted or recorded easement shall be subject to the restrictions outlined in Section 505.050 of the City Code.
(2)
Design Standards.
(a)
All fences shall be constructed with materials that are decorative in nature. Generally acceptable materials include, but are not limited to, the following:
i.
Wrought iron.
ii.
Picket.
iii.
Split rail.
iv.
Chain link.
v.
Masonry.
vi.
Wood.
vii.
Composite and/or Vinyl.
viii.
Other decorative materials approved by the Codes Administrator.
Specifically prohibited are fences constructed with materials commonly defined as "chicken wire" or similar nature.
(b)
All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside of the fence, unless the Codes Administrator determines said posts and support beams are designed as an integral part of the finished surface.
(c)
Spikes And Barbed Wire Fences. No person shall place or permit to be placed any spikes or sharp pointed cresting on fencing, or any barbed wire fencing anywhere within the City. This restriction shall not apply to public infrastructure, private utility infrastructure or other public facilities which are fenced with these amenities on the fencing for security purposes only.
(d)
Electric Fences. No person shall erect a fence containing uninsulated electric conductors that may be exposed to human contact anywhere within the City.
g.
Modifications to any of the standards established herein shall only be allowed upon the approval of a Special Exception by the Board of Zoning Appeals as authorized by Chapter 440, Article VII, of this Code.
Section 410.040 Bulk Regulations.
[Zoning § 5-104; Ord. No. G-637, 4-22-1986; Ord. No. G-1056, 9-15-2009]
A.
Accessory structures and uses shall comply with the bulk regulations applicable to the district in which they are located except as may be provided by this Section. In no case shall more than 30% of any required yard space be occupied by accessory buildings.
B.
Commercial And Industrial Districts:
1.
Off-street parking and loading spaces may be provided in any required yard space, subject to the provisions of Chapter 420.
2.
Signs may be erected in any required yard space when permitted by Chapter 650 of this Code.
C.
Residential Districts:
1.
When no alley exists, accessory structures shall be set back five feet from the rear lot line; and when an alley exists, a 10-foot setback shall be required.
2.
Accessory structures shall maintain a three foot side yard; except that no part of any accessory building shall be located closer than 10 feet to any principal structure on an adjacent lot. In no case shall an accessory building be located nearer to the front property line than the principal structure.
3.
Accessory buildings on corner lots shall be set back from the side street a distance not less than that required for the main building.
4.
No accessory structure or use shall be permitted in any required front yard unless it is the permitted obstruction within the meaning of Section 400.280 of this Title.
Section 410.050 Use Limitations.
[Zoning § 5-105; Ord. No. G-637, 4-22-1986; Ord. No. G-1288, 6-7-2022]
A.
All accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located with the following additional use limitations:
B.
No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
C.
No accessory consisting of a building known as a shelter for an animal shall be permitted or otherwise allowed between a building and a street. Shelter is defined in Section 215.010 and building is defined in Section 400.030.
Section 410.060 Temporary Uses Permitted.
[Zoning § 5-201; Ord. No. G-637, 4-22-1986]
A.
The following uses of land are permitted in each zoning district (unless restricted to particular zoning districts) subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted:
1.
Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of this Title provided that no tree shall be displayed within 30 feet of the intersection of the curb line of any two streets.
2.
Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project, and to continue only during the duration of such project.
3.
Real estate offices (containing no sleeping or cooking accommodations unless located in a motel dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
4.
Seasonal sale of garden or farm produce:
a.
In residential districts: See Home Occupations, Article III of this Chapter.
b.
In the "CG" and "CS" Districts: Permitted for a period not to exceed four continuous months; provided that all sales must be conducted from an enclosed stand or building, which may be constructed in such a way as to be dismantled or removed at the end of the selling season.
5.
Carnivals and circuses, but only in a commercial district and only for a period that does not exceed two weeks. Such use need not comply with the bulk requirements of the district but shall comply to the requirements of the vision clearance triangle as specified in Section 400.330 of this Title.
6.
Garage or porch sales shall be permitted in any residential district or by non-profit organizations, providing that such use shall not exceed three consecutive days in duration nor shall it occur more than four times each year at any particular location. Such sales shall be only for the purpose of disposing of personal property. No garage or yard sales may be held in the front yard.
7.
Promotional activities of retail merchants in commercial zones involving the display of goods and merchandise may be conducted outside enclosed buildings for a period of not more than two consecutive weeks in any three-month period. Under these provisions retail merchants may display only their merchandise or stock-in-trade or inventory that is for sale within their principal building or in the area immediately adjacent to the building subject to the following conditions:
a.
No portion of the display shall be on publicly owned property unless the applicant shall first have obtained approval for such use from the City.
b.
No required off-street access way, parking space or loading area will be utilized for such display, storage or dispensing.
c.
No food or drink in open containers may be displayed or sold outside the building except in accordance with standards and prior written approval of the Geary County Department of Health.
d.
These provisions shall in no way be deemed to authorize the outdoor display of automobiles, trailers and equipment rental or the sale of used furniture, used appliances, used plumbing, used housewares, used building material or similar display or sale in any business district except as such may otherwise be authorized by the regulations of individual districts.
Section 410.070 Authorization.
[Zoning § 5-301; Ord. No. G-637, 4-22-1986]
Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.
Section 410.080 Definition.
[Zoning § 5-302; Ord. No. G-637, 4-22-1986]
HOME OCCUPATIONS
Shall mean a business, profession, occupation or trade conducted for gain or support entirely within a residential building: or, when permitted by Section 410.090, within a structure that is accessory to a residential building.
Section 410.090 Use Limitations.
[Zoning § 5-303; Ord. No. G-637, 4-22-1986; Ord. No. G-1123, 11-6-2012]
A.
In addition to all of the Use Limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
1.
Stock in trade may be displayed and sold from the percentage of the premises as restricted herein. Garage or yard sales of used personal property may be conducted as specified under Section 410.060 of this Title.
2.
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.
3.
No more than 25% of the area of one story of a single-family dwelling, nor more than 20% of the area of any other dwelling unit, shall be devoted to the home occupation, provided however, that rooms let to roomers are not subject to this limitation.
4.
No mechanical or electrical equipment other than normal domestic or household equipment shall be used.
5.
There shall be no outdoor storage of equipment or materials used in the home occupation.
6.
No person other than a member of the immediate family occupying such dwelling unit shall be employed.
7.
No manufacturing or processing of any sort whatsoever shall be done.
8.
The home occupation shall be conducted entirely within the principal residential building or in a permitted private garage accessory thereto.
9.
Only one sign not over two square feet shall be permitted.
Section 410.100 Particular Home Occupations Permitted.
[Zoning § 5-304; Ord. No. G-637, 4-22-1986; Ord. No. G-770, 2-19-1991; Ord. No. G-1123, 11-6-2012]
A.
Customary home occupations include, but are not limited to, the following list of occupations, provided however, that each listed occupation shall be subject to the requirement of Section 410.060 of this Title.
1.
Dressmakers, seamstresses, tailors.
2.
Music teachers, provided that instructions shall be limited to one pupil at a time, except for occasional groups.
3.
Artists, sculptors and authors or composers.
4.
Ministers, rabbis, priests.
5.
Office facilities for salesmen, licensed firearms dealers, sales representatives, and manufacturer's representatives. Retail, wholesale, or exchange of goods may be made or transacted on the premises, but the storage or maintenance of goods shall be restricted to the area permitted to be used as stated in Section 410.090 herein.
6.
Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment shall be used or employed, other than that which would customarily be found in the home. Machinery or equipment which would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.
7.
Barber and beauty shops, provided that only one operator shall be permitted.
8.
Seasonal sales (not more than three continuous months) of garden produce grown on the premises. No sales or display activities except the authorized home occupation sign shall be in the front yard.
Section 410.110 Particular Home Occupations Prohibited.
[Zoning § 5-305; Ord. No. G-637, 4-22-1986; Ord. No. G-1309, 10-1-2024]
A.
Permitted home occupations shall not in any event be deemed to include:
1.
Dancing schools.
2.
Funeral homes.
3.
Nursery schools and day care homes, group day care homes, or family child care homes, unless specifically permitted by the district regulations.
4.
Restaurants.
5.
Stables or kennels.
6.
Tourist homes, unless specifically permitted by the district regulations.
7.
Renting of trailers.
8.
Medical or dental clinics or hospitals.
9.
Animal kennels or hospitals.
