(a)

Buildings and structures may be erected and land may be used for purposes which are clearly subordinate and incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof and shall be on the premises of the main use. The determination of the eligibility of a proposed use as an accessory use shall be made by the planning staff.

(b)

No private walk or drive serving a district C-1 to M-3 inclusive shall pass through or be located in a residential or agricultural district.

(Code 1988, § 27-1271; Ord. No. 64690, § 1(27-61.1), 8-30-1984)

In the AG district, accessory uses are as follows:

(1)

Storage of equipment and machinery as necessary to raise crops and livestock, to carry out the farming business, and to maintain the property.

(2)

Sale of products raised on the premises, fruit stands, orchard sales, etc.

(3)

Accessory buildings such as barns, silos, other exclusively agricultural structures, roadside stands, etc., provided that such structures are set back at least 50 feet from any street line.

(4)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(5)

Mobile markets.

a.

A mobile market may only operate within the parking lot of a place of worship, a senior center, a senior living facility, a community center, a school, or other like facility with public access, subject to all additional parking lot regulations in the Code of Ordinances.

b.

See section 27-619 for additional mobile market regulations.

(6)

Mobile vending: food trucks, pushcarts, and retail.

a.

A vending vehicle may only operate within the parking lot of a place of worship, a senior center, a senior living facility, a community center, a school, or other like facility with public access, subject to all additional parking lot regulations in the Code of Ordinances.

b.

See section 27-620 for additional mobile vending regulations.

(Code 1988, § 27-1272; Ord. No. 64690, § 1(27-61.2), 8-30-1984; Ord. No. O-66-15, § 1, 12-10-2015; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

In the single-family (R-1; R-1(B)), two-family (R-2; R-2(B)) districts, accessory uses are as follows:

(1)

Home occupations. Customary home occupations may be allowed subject to the issuance of a home occupation permit by the planning division. The following conditions and restrictions shall apply to such customary home occupations:

a.

No exterior advertising or signs will be erected and no outside display or activity that depicts other than residential activity will be allowed. Advertising shall not include any address, but only a telephone number.

b.

Only members of the immediate family residing on the premises will participate in the home occupation on the premises.

c.

No machinery or equipment will be used that will interfere with radio or television reception on nearby property.

d.

No heavy equipment, trucks of greater than 10,000 pounds GVWR or other objects that are not typically residential in character will be stored on the premises.

e.

No sales of merchandise will be conducted on the premises, and no service will be rendered that will require customer presence except on an irregular and incidental basis, but babysitting is excluded from the standard.

f.

No inventory or storage, other than samples, is maintained on the premises. Home occupations that do not meet the criteria of this subsection shall be permitted only by special use permit but must meet accessory use requirements regarding storage of equipment, material, or vehicles.

(2)

Accessory buildings (garages, carports, tool sheds, etc.). For any dwelling unit there may be permitted a detached accessory building. Such building shall not be located, in front of the house, less than two feet from any alley, nor closer than three feet to any side or rear property line. In the case of corner lots, a detached accessory building shall not be within 20 feet of the side street. The total area of such detached accessory building shall not exceed 1,000 square feet or cover more than 30 percent of the required rear yard. In any residential district on lots or tracts of less than three acres, the following conditions shall apply to any detached accessory building of greater than 120 square feet in floor area:

a.

The exterior wall materials shall be limited to customary residential finish materials. These specifically include: horizontal clapboard siding of all materials; wood and plywood siding; stone and brick, both actual and artificial, and textured finishes such as stucco and stucco board which visually cover the underlying material regardless of the underlying material. These specifically exclude preformed, corrugated or ribbed metal, fiberglass or plastic sheets or panels. Also, excluded as an exterior material are standard concrete masonry units. Exception: Metal can be used for the walls of the unit provided they have a factory applied and painted finish closely matching the color of the primary structure. Also, excluded as an exterior material are standard concrete masonry units except when the walls of the building are painted the exact color of the primary structure.

b.

The exterior roofing materials for roofs sloped more than two in 12 shall be shingles or tiles and not metal, fiberglass or plastic sheets. Exception: If using a metal roof the color must be a factory applied and painted finish that closely matches the roof color of the primary structure or the color of the primary structure itself if the roof and walls of the accessory structure are to be the same color.

c.

Up to two accessory structures existing in a side or rear yard and not in the front yard of a single property prior to April of 2008 are exempt from these regulations. Kansas City, Kansas 2008 Aerial photography will be used to make this determination.

d.

Accessory structures constructed after April of 2008 may be granted a variance upon written notarized approval from abutting neighbors impacted by the setback.

e.

Any accessory structure located in a front yard must obtain a variance from the board of zoning appeals.

f.

Any parcel with more than one accessory structure where the structures do not conform to subsection (c) of this section must obtain a variance from the board of zoning appeals.

(3)

Animals. Horses, ponies, cows, chickens, or other customary animals may be kept in accordance with the requirements of the public health department, except that on a lot or tract of less than five acres in size, a special use permit shall be required. If so approved, accessory barns or stables are permitted under the standards for accessory buildings.

(4)

Hobby activity. A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that the articles produced or constructed are not sold either on or off the premises.

(5)

Additional uses. Such additional accessory uses as private swimming pools, television and radio antennae or dishes, wind power generators, solar collectors, flagpoles, play equipment, and tool sheds are permitted under the following conditions:

a.

Swimming pools, television and radio antennae or dishes greater than two feet in diameter, wind power generators, and tool sheds are not permitted in the front yard or in required side yards.

b.

Solar collectors shall not extend more than three feet above the highest point of the roof.

c.

Television dishes shall not exceed 12 feet in diameter or more than 15 feet above grade.

d.

No accessory use shall exceed 60 feet in height.

e.

Any accessory use which exceeds ten feet in height shall be located a distance inside the property line at least equal to one-third its height, except that any wind power generator shall be set back a distance no less than its height.

(6)

Storage of equipment, material or vehicle. Only motor passenger cars, other operable domestic equipment, material or vehicles, or a truck of 10,000 pounds GVWR or less shall be kept, parked or stored for more than 48 hours in any 30-day period in a residential area. Only a single one of each of the following may be stored: truck other than customary vans or pickup trucks, camping trailer, hauling trailer, boat, or recreational vehicle. The parking of vehicles or equipment shall not occur on lawn areas, or other locations that tend to visually downgrade the property and neighborhood. Parking shall be limited to areas that have an improved surface and such areas shall generally be located in close relationship to the garage or an otherwise vehicle-oriented section of the premises or be located in the rear yard, so that the lawn areas upon which the living section of the dwelling faces can be attractively maintained with grass, trees and shrubs. Use of any yard area for commercial or any non-residential or ongoing non-resident parking purposes is prohibited.

(7)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(8)

Mobile markets.

a.

A mobile market may only operate within the parking lot of a place of worship, a senior center, a senior living facility, a community center, a school, or other like facility with public access, subject to all additional parking lot regulations in the Code of Ordinances.

b.

See section 27-619 for additional mobile market regulations.

(9)

Mobile vending: food trucks, pushcarts, and retail.

a.

A mobile vendor vehicle may only operate within the parking lot of a place of worship, a senior center, a senior living facility, a community center, a school, or other like facility with public access, subject to all additional parking lot regulations in the Code of Ordinances.

b.

See section 27-620 for additional mobile vending regulations.

(Code 1988, § 27-1273; Ord. No. 64690, § 1(27-61.3), 8-30-1984; Ord. No. 65417, § 22, 4-6-1989; Ord. No. 65888, § 1, 3-10-1994; Ord. No. 66138, § 2, 8-15-1996; Ord. No. O-22-09, § 1, 2-26-2009; Ord. No. O-36-12, § 1, 5-31-2012; Ord. No. O-40-15, § 1, 7-30-2015; Ord. No. O-35-18, § 1, 9-27-2018; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

In the townhouse (R-3), garden apartment (R-4), apartment (R-5), high-rise apartment (R-6), and mobile home park (R-M) districts, accessory uses are as follows:

(1)

Those accessory uses permitted in the R-1 district.

(2)

Parking areas.

(3)

Recreation areas including tenant-used swimming pools and minor recreational buildings.

(4)

Trash collection centers.

(5)

Power generators.

(6)

Vending machines for tenant use.

(7)

Necessary offices and maintenance facilities and other similar uses.

(8)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(9)

Mobile market vending for food access.

a.

See section 27-619 for additional mobile market regulations.

(10)

Mobile vending: food trucks, pushcarts, and retail.

a.

A vending vehicle may only operate within the parking lot of a church, senior center, community center, school, or other like facility with public access, subject to all additional parking lot regulations in the Code of Ordinances.

b.

See section 27-620 for additional mobile vending regulations.

(Code 1988, § 27-1274; Ord. No. 64690, § 1(27-61.4), 8-30-1984; Ord. No. O-35-18, § 1, 9-27-2018; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

(a)

In the C-0 district, accessory uses are as follows:

(1)

Parking areas.

(2)

Food service and vending machines inside a building for tenants only.

(3)

Private garages for motor vehicles.

(4)

Low-level exterior lighting.

(5)

Radio, television or microwave antennae not exceeding 60 feet in height.

(6)

Flagpoles.

(7)

Cooling towers and other similar uses.

(8)

A pharmacy wherein retail sale only of prescription medicines, drugs, and pharmaceutical and orthopedic devices customarily incident to the practice of medicine occurs, shall be allowed as an accessory use in an office building provided that no less than five physicians occupy offices within the building. No direct exterior entrance to the pharmacy and no exterior sign or advertising relative to the pharmacy shall be permitted.

(9)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(10)

Mobile markets.

a.

See section 27-619 for additional mobile market regulations.

(11)

Mobile vending: food trucks, pushcarts, and retail.

a.

See section 27-620 for additional mobile vending regulations.

(b)

The accessory retail uses in district C-0 shall be limited to no more than 20 percent of the gross building area.

(Code 1988, § 27-1275; Ord. No. 64690, § 1(27-61.5), 8-30-1984; Ord. No. 65417, § 23, 4-6-1989; Ord. No. O-66-15, § 1, 12-10-2015; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

In the limited business (C-1), central business (C-D), general business (C-2), and commercial districts (C-3), accessory uses are as follows:

(1)

Those accessory uses permitted in district C-0.

(2)

Parking areas.

(3)

Storage buildings.

(4)

Signs as permitted by this article.

(5)

Low-level exterior lighting.

(6)

Vending machines on private property provided that:

a.

Commercial uses with a continuous business license (occupation tax receipt) before December 31, 2008.

1.

The vending machines do not block an interior sidewalk.

2.

The vending machines do not block any exterior windows.

3.

The vending machines must be at least five feet away from all public doors.

4.

Vending machines are only permitted on private property unless it complies with chapter 32.

5.

The vending machines must leave adequate, ADA-compliant space for vending customers and those using the sidewalk.

6.

Video rental vending machines are not allowed in exterior locations except under the following circumstances:

i.

The site does not have a drive-thru window or drive-up service.

ii.

At least 15 percent of the facility traffic is generated by pedestrians walking from the surrounding neighborhood.

iii.

The machine is located so as to not interfere with vehicular traffic.

iv.

There is sufficient stacking area for pedestrians to wait on a sidewalk.

v.

The area where the device is placed is monitored by a security camera.

7.

Any exterior sales area must remain neatly organized and free of litter.

8.

Any vending area must be flush with the facade of the building.

9.

No more than one vending machine is permitted per property except as follows:

i.

If the vending machines area is located on a side of the building not facing a road or street then the number of allowed vending machines shall be increased to three.

ii.

If the vending machines are screened by side walls, decorative fencing, shrubs, and other landscaping as approved by the director of planning then the number of allowed vending machines shall be increased to three.

iii.

For every 200 feet that the façade on which the vending machine is located is set back from the nearest road or street right-of-way then the number of allowable vending machines shall be increased by one.

iv.

In addition to the vending machine(s), one donation bin per property is allowed.

10.

No additional signage that would require a permit is allowed.

11.

No more than one propane exchange locker may be allowed per property, unless:

i.

The site for the propane exchange lockers is located at least 200 feet from the nearest street; and

ii.

The propane exchange lockers are at least 20 feet away from the nearest public door; and

iii.

The retailer offering the propane exchange service on its premises also sells gas grills of the type that typically use propane as a fuel.

12.

No signage is allowed beyond the surface of the vending machine.

(7)

Donation bins are permitted, provided that:

a.

Bins must be located on an improved, paved surface.

b.

The bins are located at within 20 feet of the rear property line, or as far from a public street as the site design will allow.

c.

The placement of the bins does not reduce parking under the number required by this chapter or by approved entitlements associated with the property.

d.

Overflow dumping around the donation bin(s) is not allowed.

e.

Bins must remain neatly painted. Bins that are damaged, rusty or significantly faded paint are not permitted.

f.

The donation bin(s) must remain neatly organized and free of litter, broken glass, and other debris.

g.

No more than two donation bins are allowed on the property.

(8)

Collection facilities are permitted, provided:

a.

Facilities must be located on an improved, paved surface.

b.

The facilities are located at within the side yard or rear yard of the property.

c.

The placement of the bins does not reduce parking under the number required by this chapter or by approved entitlements associated with the property.

d.

Facilities are screened from view of residences and/or residentially zoned properties.

e.

Overflow dumping around the facility is not allowed.

f.

Facilities must remain neatly painted. Facilities that are damaged, rusty or significantly faded paint are not permitted.

g.

The collection facility must remain neatly organized and free of litter, broken glass, and other debris.

h.

No more than one collection facility is allowed on the property.

(9)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(10)

Mobile markets.

a.

See section 27-619 for additional mobile market regulations.

(11)

Mobile vending: food trucks, pushcarts, and retail.

a.

See section 27-620 for additional mobile vending regulations.

(Code 1988, § 27-1276; Ord. No. 64690, § 1(27-61.6), 8-30-1984; Ord. No. O-14-11, § 1, 3-31-2011; Ord. No. O-66-15, § 1, 12-10-2015; Ord. No. O-67-15, § 1, 12-10-2015; Ord. No. O-14-16, § 1, 3-31-2016; Ord. No. O-35-18, § 1, 9-27-2018; Ord. No. O-30-19, § 1, 4-25-2019; Ord. No. O-32-19, § 1, 5-30-2019; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

In the light industrial and industrial park (M-1), general industrial (M-2), and heavy industrial districts (M-3), accessory uses are as follows:

(1)

Parking and loading areas.

(2)

Storage facilities.

(3)

Security and screen fencing.

(4)

Radio and microwave towers to heights as set out in this division.

(5)

Gatehouse.

(6)

Loading equipment.

(7)

Employee recreation and other similar uses.

(8)

Power generating wind turbines that do not exceed 100 feet in height to the tip of the tallest turbine blade and where they are set back from the property line at least twice the diameter of the turbine rotors.

(9)

Donation bins are permitted, provided that:

a.

Bins must be located on an improved, paved surface.

b.

The placement of the bins does not reduce parking under the quantity required by this chapter or by approved entitlements associated with the property.

c.

Overflow dumping around the donation bin(s) is not allowed.

d.

Facilities must remain neatly painted. Facilities that are damaged, rusty or significantly faded paint are not permitted.

e.

The donation bin(s) must remain neatly organized and free of litter, broken glass, and other debris.

(10)

Collection facilities are permitted, provided:

a.

Facilities must be located on an improved, paved surface.

b.

The placement of the bins does not reduce parking under the number required by this chapter or by approved entitlements associated with the property.

c.

Facilities are screened from view of residences and/or residentially zoned properties.

d.

Overflow dumping around the collection facilities is not allowed.

e.

Facilities must remain neatly painted. Facilities that are damaged, rusty or significantly faded paint are not permitted.

f.

The collection facilities must remain neatly organized and free of litter, broken glass, and other debris.

(11)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(12)

Mobile markets.

a.

See section 27-619 for additional mobile market regulations.

(13)

Mobile vending: food trucks, pushcarts, and retail.

a.

See section 27-620 for additional mobile vending regulations.

(Code 1988, § 27-1277; Ord. No. 64690, § 1(27-61.7), 8-30-1984; Ord. No. O-14-12, § 1, 3-1-2012; Ord. No. O-66-15, § 1, 12-10-2015; Ord. No. O-67-15, § 1, 12-10-2015; Ord. No. O-35-18, § 1, 9-27-2018; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

In the traditional neighborhood design (TND) district, accessory uses are as follows:

(1)

Those accessory uses permitted in district agricultural (AG) through districts C-1, C-D, C-2, and C-3 districts.

(2)

Farmers' markets.

a.

See section 27-618 for additional farmers' market regulations.

(3)

Mobile markets.

a.

See section 27-619 for additional mobile market regulations.

(4)

Mobile vending: food trucks, pushcarts, and retail.

a.

See section 27-620 for additional mobile vending regulations.

(Ord. No. O-66-15, § 1, 12-10-2015; Ord. No. O-67-15, § 1, 12-10-2015; Ord. No. O-35-18, § 1, 9-27-2018; Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

Editor's note— Ord. No. O-66-15, adopted Dec. 10, 2015, renumbered the former §§ 27-614 and 27-615 as §§ 27-615 and 27-616 and enacted a new § 27-614 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Motor hotels. The following are permitted accessory uses within a motor hotel, provided all are within the main building and designed to serve primarily the occupants and patrons of the motor hotel:

(1)

Restaurants.

(2)

Banquet rooms.

(3)

Liquor sales.

(4)

Notions and magazine counters.

(5)

Vending machines.

(6)

Beauty shops and barbershops.

(7)

Flower and gift shops.

(8)

Games and arcades.

(b)

Hospitals. The following are permitted accessory uses within a hospital:

(1)

Residential quarters for staff and employees.

(2)

Nursing or convalescent quarters.

(3)

Storage and utility buildings.

(4)

Food service and vending machines.

(5)

Laundry and other similar services for hospital personnel, visitors and patients.

(c)

Utility buildings. Outside storage of materials and equipment is accessory to utility buildings provided all outside storage is screened from view off the premises.

(d)

Telecommunication towers and antennas.

(1)

Antennas and support structures may be installed on any legally existing structure, including any tower, building, light pole, water tower, or sign, that is 50 feet in height or greater, so long as said antennas and support structures add no more than 20 feet to the height of the existing structure. Such antennas and support structures are permitted even when they may be considered secondary as opposed to accessory.

(2)

A legally existing structure may not be replaced or reconstructed to support antennas unless it meets the requirement for the specific use in the specific zoning district. This may require special use permit approval or development plan approval.

(3)

Equipment, buildings, and site improvements that must be placed on the ground may require development plan approval as required for the specific use in the specific zoning district.

(4)

Telecommunication towers and antennas shall be permitted as an accessory use to public and semipublic uses subject to a maximum height of 75 feet, preliminary development plan approval and to the six criteria set out under section 27-579(a)(30).

(5)

This section does not alter permitted accessory antennas set out in sections 27-609—27-613.

(Code 1988, § 27-1278; Ord. No. 64690, § 1(27-61.8), 8-30-1984; Ord. No. 66177, § 5, 12-5-1996; Ord. No. O-66-15, § 1, 12-10-2015)

Editor's note— See editor's note to § 27-614.

Any of the accessory uses listed in this division may be specifically prohibited or further controlled by restrictions written into a special use permit prior to its being approved.

(Code 1988, § 27-1279; Ord. No. 64690, § 1(27-61.8), 8-30-1984; Ord. No. O-66-15, § 1, 12-10-2015)

Editor's note— See editor's note to § 27-614.

(a)

Finding and purpose. It is found and declared that:

(1)

Farmers' markets, mobile markets, mobile vending, vending stands, outdoor service, and outdoor retail may promote the public interest by contributing to an active and attractive outdoor, local, and mobile vending environment. The purpose of accommodating farmers' markets, mobile markets, mobile vending, outdoor service, and outdoor retail in all zoning districts is to provide additional space for sales of goods in an open-air environment while contributing to activity, attracting patrons, extending their visits, reaching underserved neighborhoods, and enhancing overall community quality of life.

(2)

Reasonable regulation of the sale of food and wares through farmers' markets, mobile markets, mobile vending, outdoor service and outdoor retail is necessary to protect the public health, safety, and welfare.

(b)

Applicability and enforcement.

(1)

Businesses. Any persons or entity operating a farmers' market, mobile market, mobile vendor vehicle, outdoor service or outdoor retail under this article must conduct such operation under a valid and current occupation tax number, unless such entity is a non-profit as defined in this section.

(2)

Non-profits. All non-profit organizations that operate a farmers' market, mobile market, mobile vendor vehicle, outdoor dining or outdoor retail must meet the following conditions:

a.

Status as a 501(c)(3) organization remains current and in good standing with the State of Kansas; and

b.

May set up a temporary structure for the purposes of distributing information in addition to operating the farmers' market, mobile market, mobile vendor vehicle, outdoor service, or outdoor retail. A non-profit organization may also take donations on-site.

(3)

All right-of-way permits otherwise required for work or activities allowed by sections 27-617 to 27-622 are waived.

a.

Nothing in this article shall be construed to allow any gathering, celebration, festival, street fair, or special occasion to operate in a manner that violates any ordinance in chapter 6 of the Unified Government Code of Ordinances.

b.

No open flames shall be allowed under any use in the article, except for any open flame on a vending vehicle allowed by another ordinance.

(4)

Enforcement.

a.

Power of local health officer.

1.

The local health officer, deputy local health officer, health department director and/or their designee(s) have the ability to address and enforce violations of public health ordinances, including violations of any portions of the provisions set forth in section 16-2, section 17-3, sections 27-608—27-614, and sections 27-617—27-220.

2.

This subsection may be construed to give the same power and authority to the local health officer, deputy local health officer and/or their designee(s) than is granted to them under local and state law.

3.

This subsection shall not be construed to affect the policies and procedures of the state department of health and environment regarding licensure and inspection of restaurants, street vendors, or food trucks.

b.

Zoning and code enforcement.

1.

Any zoning enforcement officer, code enforcement officer, director of planning and/or their designee(s) has the ability to address and enforce zoning and other code violations, including violations of any portions of this article.

2.

This subsection may be construed to give the same power and authority to a zoning enforcement officer, code enforcement officer, director of planning, and/or their designee(s) than is granted to them under local and state law.

c.

Fire safety.

1.

Power of fire department.

i.

The Kansas State Fire Marshal's Office (KSFMO) jurisdiction over inspections of the food establishments, and the power to conduct such inspections has been granted by the KSFMO to the Kansas City Kansas Fire Department (KCKFD).

ii.

Any deviation from the state's adopted International Fire Code requirements for these inspections must remain unless the state fire marshal specifically waives these requirements.

2.

Inspection of mobile vending.

i.

Mobile vending must be compliant with the inspection standards and requirements of the Heart of America Fire Chiefs Council.

(Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

This section is for farmers' markets on private property. For farmers' markets in the public right-of-way, see chapter 32-186. Farmers' markets are allowed on private property, subject to the following conditions:

(1)

Administrative review.

a.

Any persons or entity operating a farmers' market must conduct such operation under a valid and current business license or be a non-profit as defined in section 27-617. All other persons or entities vending, distributing, or otherwise operating within a farmers' market must conduct such operation under one of the following standards:

1.

A valid and current business license specific to the person(s) or entity; or,

2.

Status as a 501(c)(3) organization remains current and in good standing with the State of Kansas.

b.

Written permission from the property owner(s) or their designee(s).

c.

A farmers' market may operate for no more than three consecutive days, and no more than four days per week at one location.

d.

Hours of operation for the farmers' market begin no earlier than 6:00 a.m. and end no later than 8:00 p.m.

e.

Farmers' market events may not occur for more than six hours per day, run consecutively, at any one site. This time limit does not include the allowed time to set up and take down temporary structures.

f.

The applicant must submit a site plan for approval by the director of planning for all proposed farmers' market locations. The site plan must contain the following for each proposed location:

1.

The address of the property on which the farmers' market is located;

2.

Proposed hours of operation of the farmers' market;

3.

The location of vendors' stalls, other temporary structures, and the ADA-compliant pedestrian pathways;

4.

The location of proper trash and recycling receptacles;

5.

Location of parking spaces for vendors and customers;

6.

Any and all maintenance of traffic plans and signage;

7.

Nearby rights-of-way with pedestrian and vehicular access points; and

8.

North arrow or other method of orientation.

f.

The applicant must make the approved site plan(s) and written permission from the property owner(s) or their designee(s) available to any enforcement officer upon request. The administrative review of the site plan can be reviewed for revocation at any time during the year if evidence and/or complaints of non-compliance are submitted.

g.

The operator of the farmers' market is responsible for removing the trash and recycling associated with the operation of the farmers' market. Any and all signage, temporary or other structures, and other elements of the farmers' market must be removed at the end of each farmers' market event and the site returned to a UG-standard parking lot.

(2)

Allowed areas. The entirety of the farmers' market must take place within the boundaries of a paved parking lot built to UG standards or other paved public space with an improved surface.

a.

Any parking spaces in a parking lot may be used for a farmers' market subject to the following standards:

1.

All ADA parking spaces and access aisles, and fire lanes, must remain clear and unencumbered by any and all farmers' market activity.

2.

Any additional regulations to improve traffic flow, as required by the director of planning and county engineer.

3.

No farmers' market stand, structure, or related infrastructure is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

4.

Subject to any additional zoning district standards in sections 27-608 to 27-614.

b.

Farmers' market activity includes the use of the farmers' market stalls, structures, related infrastructure, areas for queueing, vending, and eating, signage, and trash and recycling receptacles. All farmers' market activity must comply with the following conditions:

1.

All sidewalks or pedestrian ways must be kept clear and unencumbered so that the sidewalk or pedestrian pathway remains ADA-compliant.

2.

Vehicular and personal access to all ADA-compliant parking spaces and access aisles must remain clear and unencumbered.

3.

All fire lanes must remain clear and unencumbered.

4.

There is sufficient stacking area for pedestrians to queue on a sidewalk or on site.

5.

Proper trash and recycling receptacles must be made available and utilized. The operator is responsible for removing the trash and recycling associated with the operation of the farmers' market. Any and all signage, temporary or other structures, and other elements of the farmers' market must be removed at the end of each farmers' market event.

c.

No item(s) for sale or on display may obstruct the sidewalk to a degree that a four-foot width cannot be maintained at all times, nor may said items hang over the air space of said four-foot width on the sidewalk or pathway.

d.

All pedestrian pathways that connect the farmers' market stalls must remain clear and unencumbered, and ADA-compliant.

e.

Unless otherwise provided by this chapter, operation of a farmers' market in the public right-of-way shall be subject to section 32-186.

(3)

Temporary structures.

a.

Temporary structures that provide shade for retailers and customers may be erected. Use of umbrellas is encouraged.

b.

No temporary structure may be secured in any manner that damages public or private property. Weights are encouraged to be used to secure temporary structures.

c.

Temporary structures may be erected in the parking lot up to one hour before the start of hour of operations as and must be taken down within one hour after the end of hours of operation.

(4)

Signage.

a.

Signs otherwise compliant with the sign code in regard to size, material, and presentation can be safely attached to temporary structures.

1.

All signs allowed under this subsection may not be used outside of the hours of operation or used in a manner that violates any other ordinance.

2.

Signs cannot be attached to public infrastructure or facilities.

b.

Exceptions. The following exceptions from the sign code are allowed:

1.

One sandwich board is allowed for each farmers' market stall. The sandwich board must be placed adjacent to the farmers' market stall which it is serving.

2.

There is no limit on the number of temporary signs nor the total square feet of sign face allowed on the farmers' market stand or associated temporary structure. No temporary sign may extend taller than eight feet or the top of the associated temporary structure, whichever is shorter.

3.

One temporary sign may be maintained at the property where the farmers' market is held during the farmers' market season. This sign must be posted in the ground, and shall be held to the standards of a temporary sign except for the time limit allowed.

(Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

This section is for mobile markets on private property. For mobile markets in the public right-of-way, see section 32-187.

(1)

Administrative review.

a.

Any persons or entity operating a mobile market must conduct such operation under a valid and current business license or be a non-profit as defined in section 27-617. The business license can be reviewed for revocation at any time during the year if evidence and/or complaints of non-compliance are submitted.

b.

Mobile market operators must have written permission from the property owner(s) or their designee(s) to operate on site. The operator must make said written permission available to any enforcement officer upon request.

c.

Mobile markets must display either a temporary sign (as defined by section 27-729(b)(1)) or signage attached to the vehicle indicating proof of business license.

d.

Mobile markets may operate from 8:00 a.m.—7:00 p.m. Sunday through Thursday and 8:00 a.m.—8:00 p.m. Friday and Saturday.

(2)

Allowed areas.

a.

Mobile markets are allowed within the boundaries of a designated property of any zoning district upon obtaining a business license or non-profit status as addressed in section 27-617.

b.

All mobile market vehicles must comply with the following conditions:

1.

The vehicle must be parked on a paved surface.

2.

The vehicle is not parked in a designated ADA parking space or in an access aisle.

3.

The vehicle is not parked in a no-parking zone.

4.

No mobile market vehicle is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

5.

Mobile markets may not park for more than four hours per day, run consecutively, at any one site.

c.

Mobile market activity includes the use of the mobile market vehicles, areas for queueing, vending, and eating, signage, and trash and recycling receptacles. All mobile market activity must comply with the following conditions:

1.

All sidewalks or pedestrian ways must be kept clear and unencumbered so that the sidewalk or pedestrian pathway remains ADA-compliant.

2.

Vehicular and personal access to all ADA-compliant parking spaces and access aisles must remain clear and unencumbered.

3.

All fire lanes must remain clear and unencumbered.

4.

There is sufficient stacking area for pedestrians to queue on a sidewalk or on site.

5.

Proper trash and recycling receptacles must be made available and utilized. The operator is responsible for removing the trash and recycling associated with the operation of the mobile market. Any and all signage, temporary or other structures, and other elements of the mobile market must be removed at the end of each mobile market event.

d.

Unless otherwise provided by this section, operation of a mobile market in the public right-of-way shall be subject to section 32-187.

(3)

Temporary structures.

a.

No permanent structure or improvement shall be installed.

b.

No temporary structure may be secured in any manner that damages public or private property. Weights are encouraged to be used to secure temporary structures.

c.

No mobile market vehicle, structure, or related infrastructure is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

(4)

Signage.

a.

Signs otherwise compliant with the sign code in regard to size, material, and presentation can be safely attached to temporary structures.

1.

All signs allowed under this subsection may not be used outside of the hours of operation or used in a manner that violates any other ordinance.

2.

Signs cannot be attached to public infrastructure or facilities.

b.

Exceptions. The following exceptions from the sign code are allowed:

1.

One sandwich board in connection with the mobile vendor activity is allowed within five feet of the mobile vendor vehicle. The sign shall not interfere with the flow of pedestrian or automobile traffic.

2.

There is no limit on the number of temporary signs nor the total square feet of sign face allowed on the mobile market vehicle.

i.

All signage must be attached flush to the side of the vehicle.

ii.

No temporary sign may extend beyond the top of the vehicle.

iii.

All attached signage must be removed before the vehicle is driven off the property.

(Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022)

This section is for mobile vending on private property. For mobile vending in the public right-of-way, see section 32-188.

(1)

Administrative review.

a.

Any persons or entity operating a mobile vendor vehicle or prepared food vending vehicle must conduct such operation under a valid and current business license or be a non-profit as defined in section 27-617. The business license can be reviewed for revocation at any time during the year if complaints of non-compliance are submitted.

b.

Operators must have written permission from the property owner(s) or their designee(s) to operate on site. The operator must make said written permission available to any enforcement officer upon request.

c.

Mobile vendors must display either a temporary sign (as defined by section 27-729(b)(1)) or signage attached to the vehicle indicating proof of business license, and fire department inspection and approval.

d.

Mobile vendor vehicles or prepared food vending vehicles may operate from 8:00 a.m. until 11:00 p.m. Sunday through Thursday and 8:00 a.m. until 12:00 midnight Friday and Saturday.

(2)

Allowed areas.

a.

Mobile vending is allowed within the boundaries of a designated property of any non-residential zoning district upon obtaining a business license or non-profit status as addressed in section 27-617.

b.

All mobile vendor vehicles and prepared food vending vehicles must comply with the following conditions:

1.

The vehicle must be parked on an improved, paved surface.

2.

The vehicle is not parked in a designated ADA parking space or in an access aisle.

3.

The vehicle is not parked in a no-parking zone.

4.

No mobile vendor vehicle is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

5.

Mobile vendor vehicles may not park for more than eight hours per day, run consecutively, at any one site.

6.

Mobile vending vehicles shall not park in an electrical charging station unless it is an electrical vehicle actively charging.

c.

Mobile vending activity includes the use of the mobile vending vehicles, areas for queueing, vending, and eating, signage, and trash and recycling receptacles. All mobile market activity must comply with the following conditions:

1.

All sidewalks or pedestrian ways must be kept clear and unencumbered so that the sidewalk or pedestrian pathway remains ADA-compliant.

2.

Vehicular and personal access to all ADA-compliant parking spaces and access aisles must remain clear and unencumbered.

3.

All fire lanes must remain clear and unencumbered.

4.

There is sufficient stacking area for pedestrians to queue on a sidewalk or on site.

5.

Proper trash and recycling receptacles must be made available and utilized. The operator is responsible for removing the trash and recycling associated with the operation of the mobile market. Any and all signage, temporary or other structures, and other elements of the mobile market must be removed at the end of each mobile market event.

d.

Unless otherwise provided by this section, operation of a mobile market in the public right-of-way shall be subject to section 32-188.

(3)

Temporary structures.

a.

No permanent structure or improvement shall be installed.

b.

No temporary structure may be secured in any manner that damages public or private property. Weights are encouraged to be used to secure temporary structures.

c.

No mobile vendor vehicle or prepared food vending vehicle, structure, or related infrastructure is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone and/or fire lane.

(4)

Signage.

a.

Signs otherwise compliant with the sign code in regard to size, material, and presentation can be safely attached to temporary structures.

1.

All signs allowed under this subsection may not be used outside of the hours of operation or used in a manner that violates any other ordinance.

2.

Signs cannot be attached to public infrastructure or facilities.

3.

Mobile vending vehicles shall not operate lights or signs with a rotating beam or flashing beacon, and no lighting or signage shall be directed toward any residentially zoned area or traffic in the right-of-way.

b.

Exceptions. The following exceptions from the sign code are allowed:

1.

One sandwich board in connection with the mobile vendor activity is allowed within five feet of the mobile vendor vehicle. The sign shall not interfere with the flow of pedestrian or automobile traffic.

2.

There is no limit on the number of temporary signs nor the total square feet of sign face allowed on the mobile vendor vehicle.

i.

All signage must be attached flush to the side of the vehicle.

ii.

No temporary sign may extend beyond the top of the vehicle.

iii.

All attached signage must be removed before the vehicle is driven off the property.

(Ord. No. O-42-20, § 1, 7-30-2020; Ord. No. O-1-22, § 2, 1-6-2022; Ord. No. O-94-22, § 1, 6-30-2022; Ord. No. O-77-24, § 1, 7-25-2024)

(a)

Applicability.

(1)

The following designated areas may be used for outdoor, on-site dining and drinking, and walk-up food sales:

a.

Outdoor cafés. For any food establishment which has successfully received an occupation tax number with the business license division and which remains current and in good standing with all occupation tax payments, no permit is required to operate an outdoor café.

b.

Walk-up markets. For entities that fulfill the following conditions, no permit is required to operate a walk-up market:

1.

A food establishment which has successfully received an occupation tax number with the business license division and which remains current and in good standing with all occupation tax payments; or

2.

An entity which is registered as a 501(c)(3) organization with the state and whose status as a 501(c)(3) organization remains current and in good standing, and has the permission of the property owner.

c.

Outdoor taverns. For businesses that fulfill the following conditions, a permit is not required to serve cereal malt and/or alcoholic beverages outside the building of the designated place of business. This section applies to all businesses that:

1.

Has received a license from the Kansas Department of Revenue Alcoholic Beverage Control (ABC) for the sale of cereal malt and/or alcoholic beverages for consumption on the premises, including consumption within the outdoor tavern;

2.

Sales of food for consumption on the premises do not exceed the sales of cereal malt and alcoholic beverages served; and

3.

Has received a special use permit for a drinking establishment, if a special use permit has been applied for after 1988.

(2)

Additional standards.

a.

All outdoor cafés, walk-up markets, and outdoor taverns must comply with all Kansas Department of Revenue ABC regulations.

b.

Unless otherwise provided by this chapter, operation of an outdoor café, walk-up market, or outdoor tavern in the public right-of-way shall be subject to section 32-102.

(b)

Allowed areas.

(1)

One or more of the following areas may be utilized for a food establishment or tavern as an outdoor café or walk-up market and/or outdoor tavern:

a.

Building-to-boundary area. From the building to the property boundary line, subject to the following conditions:

1.

All sidewalks or pedestrian ways must be kept clear and unencumbered so that the sidewalk or pedestrian pathway remains ADA-compliant.

2.

Vehicular and personal access to all ADA-compliant parking spaces and access aisles must remain clear and unencumbered.

3.

All outdoor dining elements must be at least four feet from street furniture and designated fire lanes.

b.

Any surplus parking spaces in an off-street parking lot that serves the building, so long as all ADA parking spaces and access aisles remain clear and unencumbered by the outdoor dining service or its supporting structures or activities.

c.

Unless otherwise provided by this chapter, outdoor service in the public right-of-way shall be subject to section 32-102.

(2)

The food establishment or tavern operating under this section shall be responsible for maintaining the required four-foot pedestrian pathway, and keeping the pathway free of trash and debris.

(c)

Required setbacks and clearances.

(1)

No building-to-boundary area nor surplus parking space(s) is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

(2)

No display may obstruct the sidewalk to a degree that a four-foot width cannot be maintained at all times, nor may said items hang over the air space of said four-foot width on the sidewalk.

(3)

No sightlines or sight distance triangles at street corners and intersections may be obstructed as per Code.

(4)

No outdoor café, walk-up market, or outdoor tavern shall be located within 15 feet of a fire hydrant or bus stop, or a greater distance if required by state law. Fire hydrants, fire department connections (FDCs) and appurtenances shall remain unobstructed and visible from the street and/or require fire access road.

(5)

No outdoor café or other area designated for customer dining shall be located within 30 feet of a dumpster, nor within ten feet of a trash container, located on private property.

(d)

Public health.

(1)

All food establishments and outdoor taverns are responsible for ensuring compliance with any and all local, state or federal restrictions.

(2)

All food establishments and taverns must maintain and promote clean and sanitary premises, especially the outdoor spaces that the general public may come in contact with. Failure to actively maintain and promote cleanliness and sanitation may result in the prohibition of a food establishment or tavern from operating an outdoor café, walk-up market, or outdoor tavern.

a.

The business property, or any private area utilized by the business for the purposes of an outdoor café, walk-up market, and/or outdoor tavern, including but not limited to, the building-to-boundary area or off-street surplus parking, shall be kept free of trash and debris at all times. Confirmed reports of littering and/or unkempt conditions shall be prima facie evidence of the business's failure to comply with this section.

b.

Public urination by current or recent patrons of a food establishment or tavern, conducted in close proximity of time and distance to such business, is prohibited. Confirmed reports of public urination may result in a prohibition of any outdoor café, walk-up market, and/or outdoor tavern operated by the business.

(e)

Structures.

(1)

Temporary or semi-permanent structures may remain in allowed building-to-boundary areas or surplus off-street parking at all times. Temporary, semi-permanent, or permanent structures may be used for building-to-boundary areas. Temporary or semi-permanent structures may be used for surplus parking spaces.

a.

Temporary or semi-permanent structures that provide shade for retailers and customers made be erected. "Pop up" tents are allowed, so long as they are at least ten feet from the curb and do not interfere with any building or its functions, including drainage and access to light. The use of umbrellas are encouraged.

b.

No temporary or semi-permanent structure may be secured in any manner that damages public or private property. Weights are encouraged to be used to secure temporary or semi-permanent structures.

(2)

Any permanent/semi-permanent structure constructed or erected in the building-to-boundary area is subject to an administrative review by the director of planning.

a.

For purposes of this administrative review, a structure is considered permanent or semi-permanent if:

1.

A foundation is installed; or

2.

Poles are installed for than four inches in the ground, whether for structural support or to hold up a sign; or

3.

A hard-sided roof is installed; or

4.

Construction of the structure would require a building permit outside of this section.

b.

For an administrative review, applicant must provide the following:

1.

Site plan of the property, including the permanent/semi-permanent structure; and

i.

Setbacks and ADA-compliant pedestrian ways must be marked, and measurements provided.

ii.

For an outdoor tavern, applicant must prove conformance with ABC regulations and demonstrate a safe and convenient path from the tavern building to the outdoor tavern.

2.

Elevations of the structure, drawn to scale or any other information requested by the director of planning.

(f)

Signage. Signs otherwise compliant with the sign code in regard to size, material, and presentation can be safely attached to temporary or semi-permanent structures.

(1)

Signs cannot be attached to public infrastructure or facilities.

(2)

Sandwich boards allowed in all commercial zoned districts, subject to all other sign code regulations.

a.

One sandwich board is allowed for each temporary or semi-permanent structure.

b.

The sandwich board must be placed adjacent to the temporary or semi-permanent structure which it is serving.

(g)

Hours of operations.

(1)

Food establishments shall not operate an outdoor café or walk-up market outside of the business's published hours of operation.

(2)

Outdoor taverns with associated parking areas or other outside customer-oriented areas within 100 feet of any residence shall restrict hours of operation to between 6:00 a.m. and 1:00 a.m. of the following day.

(h)

Alcohol sales. Outdoor cafes and outdoor taverns may serve alcohol under the following conditions:

(1)

No alcohol may be sold or served before the applicant has successfully obtained an alcohol license from the state department of revenue.

(2)

All alcohol must be served to the customer in an open container.

(3)

Alcohol may only be sold or served to customers by a food establishment in the areas allowed by section 32-102(h)(2). Alcohol must be served in compliance with all Kansas Department of Revenue Alcoholic Beverage Control (ABC) regulations. No portion of this subsection may be construed to supersede ABC regulations. If any portion of this section is directly contrary to state law or another ABC policy, state law or the ABC policy supersedes.

(4)

Under this section, alcohol sales must total less in daily dollar volume than the sale of food, in addition to maintaining the definition of a food establishment. If the business fails to qualify as a food establishment, then the subsection regulating outdoor taverns applies.

(i)

Lighting. Outdoor lighting may be provided if a business continues to operate outside.

(1)

Lighting must be facing downward toward the customers and directed away from the right-of-way. The lighting scheme should avoid projecting a glare onto other buildings.

(2)

Lighting should be arranged in a manner and at an intensity that the light does not exceed one foot-candle as measured from the furthest demarcated edge of the outdoor café, walk-up market, and/or outdoor tavern.

(j)

Noise levels and noise disturbance.

(1)

No music shall be played or produced through external or amplified speakers in any outside area.

(2)

No music shall be played or produced through amplified speakers, or otherwise played or produced inside the business building, to a level that it can be heard off the premises after hours of operation or 10:00 p.m., whichever time is earlier.

(3)

Any food establishment or tavern which exceeds the allowed decibels for the zoning district or is found in violation of the noise disturbance ordinance in section 22-128 of the Code of Ordinances is subject to loss of use of outdoor space as an outdoor sidewalk café, walk-up market, and/or outdoor tavern.

(Ord. No. O-94-22, § 1, 6-30-2022)

Editor's note— Ord. No. O-94-22, § 1, adopted June 30, 2022, repealed the former § 27-621, and enacted a new § 27-621 as set out herein. The former § 27-621 pertained to the review and sunset of temporary provisions pertaining to vending on public streets and sidewalks and derived from Ord. No. O-42-20, § 1, adopted July 30, 2020; and Ord. No. O-120-20, § 1, adopted Dec. 17, 2020.

(a)

Applicability. For businesses that fulfill the following conditions, no permit is required to operate outdoor retail. This section only applies to any business that:

(1)

Sells items and/or services typically and regularly sold at the establishment;

(2)

Does not engage in any installation or repair work outside of the structure in which the business is located; and

(3)

Has successfully received an occupation tax number with the business license department and remains current and in good standing with all occupation tax payments.

(4)

Unless otherwise provided by this chapter, operation of outdoor retail in the public right-of-way shall be subject to section 32-186.

(b)

Types of retail allowed. The following items may be sold in an open-air market, subject to the regulations of performance standards in the Code:

(1)

Food and beverages, subject to section 27-621;

(2)

Books and other paper goods;

(3)

Potted plants, cut or arranged flowers, or gardening seeds;

(4)

Visual works of art that have been transcribed onto a physical backing such as paper or canvas;

(5)

Jewelry and other wearable accessories;

(6)

Homemade goods and crafts;

(7)

Clothing; and

(8)

Office services.

(c)

Allowed areas.

(1)

One or more of the following areas may be utilized for outdoor retail:

a.

Building-to-boundary area. From the building to the property boundary line, subject to the following conditions:

1.

All sidewalks or pedestrian ways must be kept clear and unencumbered so that the sidewalk or pedestrian pathway remains ADA-compliant.

2.

Vehicular and personal access to all ADA-compliant parking spaces and access aisles must remain clear and unencumbered.

3.

All outdoor dining elements must be at least four feet from street furniture and designated fire lanes.

b.

Any surplus parking spaces in an off-street parking lot that serves the building, so long as all ADA parking spaces and access aisles remain clear and unencumbered by the outdoor dining service or its supporting structures or activities.

(2)

The business operating under this section shall be responsible for maintaining the required four-foot pedestrian pathway, and keeping the pathway free of trash and debris.

(3)

Required setbacks and clearances.

a.

No building-to-boundary area nor surplus parking space(s) is allowed to take up space or interfere with the operations within a visibly designated loading/unloading zone.

b.

No display may obstruct the sidewalk to a degree that a four-foot width cannot be maintained at all times, nor may said items hang over the air space of said four-foot width on the sidewalk.

c.

No sightlines or sight distance triangles at street corners and intersections may be obstructed as per code.

d.

No outdoor café, walk-up market, vending stand, or outdoor tavern shall be located within 15 feet of a fire hydrant or bus stop, or a greater distance if required by state law. Fire hydrants, fire department connections (FDCs) and appurtenances shall remain unobstructed and visible from the street and/or require fire access road.

e.

No outdoor café or other area designated for customer dining shall be located within 30 feet of a dumpster nor within ten feet of a trash container, located on private property.

(d)

Structures. Temporary or semi-permanent structures may remain in allowed building-to-boundary areas or surplus off-street parking at all times. Temporary, semi-permanent, or permanent structures may be used for building-to-boundary areas. Temporary or semi-permanent structures may be used for surplus parking spaces.

(1)

Temporary or semi-permanent structures that provide shade for retailers and customers made be erected. "Pop up" tents are allowed, so long as they are at least ten feet from the curb and does not interfere with any building or its functions, including drainage and access to light. The use of umbrellas is encouraged.

(2)

No temporary or semi-permanent structure may be secured in any manner that damages public or private property. Weights are encouraged to be used to secure temporary or semi-permanent structures.

(3)

Outside the defined hours of operation no structures may be in the right-of-way or used in a manner that violates any other ordinance in the code.

(e)

Signage. Signs otherwise compliant with the sign code in regard to size, material, and presentation can be safely attached to temporary or semi-permanent structures.

(1)

Signs cannot be attached to public infrastructure or facilities.

(2)

Sandwich boards allowed in all commercial zoned districts, subject to all other sign code regulations.

a.

One sandwich board is allowed for each temporary or semi-permanent structure.

b.

The sandwich board must be placed adjacent to the temporary or semi-permanent structure which it is serving.

(f)

Hours of operation shall be the business's regular published hours.

(g)

Outdoor retail spaces must follow crime prevention through environmental design (CPTED) best practices.

(Ord. No. O-94-22, § 1, 6-30-2022)

(a)

Short-term rentals are allowed as an accessory use subject, subject to any zoning, typology, and deed restrictions, and performance standards contained herein.

(1)

Short-term rentals are allowed as an accessory use within the following zoning districts and areas:

a.

Any residentially zoned area, as defined by this article;

b.

Any zoning district in which a residential use is allowed, including uses allowed through the provisions of a separate zoning district, so long as all accessory uses related to short-term rentals apply to the district standards under which the primary use is allowed or operates; or,

c.

Any area in which a residential unit exists as a legally non-conforming primary or accessory use.

(2)

Short-term rentals are allowed within any of the following building typologies, so long as the short-term rental either meets all requirements of said district or maintains legal non-conforming status. An accessory dwelling unit, as an accessory to any of the list typologies, may also be used as a short-term rental instead of or in addition to an allowed primary residence.

a.

Single-family.

b.

Duplex.

c.

Multi-family.

d.

Mixed-use commercial/residential.

(3)

A short-term rental shall not be permitted within any parcel in which said use is prohibited by, including, but not limited to, deed, plat, or homeowners association bylaws.

(4)

Performance standards. A short-term rental, in conjunction with operation under a valid administrative review or special use permit, must maintain the following standards. Failure to comply with such standards may result in the withdrawal of administrative approval, subject to the discretion of the director of planning and/or their designees, or the revocation of the special use permit, subject to the procedures of section 27-209.

a.

Sufficient on-site, off-street parking must be provided, as determined by the director of planning or their designee(s).

b.

Maintenance of a current occupation tax receipt issued by the business licensing division.

c.

Maintenance of the neighborhood character, including, but not limited to:

1.

Density or concentration of short-term rentals as a percentage of the overall neighborhood housing pool,

2.

On- and off-site parking constraints, and,

3.

The subject property's violation history.

d.

Responsiveness to neighbor complaints. The degree of responsiveness by the applicant shall be determined by the following metrics:

1.

Number and frequency of visits to the property by the Kansas City, Kansas police department regarding disturbances of the peace by short-term tenants of the property;

2.

Number of complaints regarding parties at the property, including calls or complaints made to Kansas City, Kansas police department, any unified government department, and/or online third parties in contract with the unified government; and,

3.

The number of filed property maintenance compliance complaints and the length of time violation cases on the property remain open.

e.

Compliance with all other applicable codes and ordinances.

(b)

Short-term rentals subject to administrative review.

(1)

An actively owner-occupied property may be subject to administrative review if the following requirements are met throughout the duration of the tenants' stay:

a.

The property owner is present on-site for the entire duration of the short-term rental; and,

b.

The property owner is reasonably accessible by tenants, neighbors, and city employees.

(2)

Administrative review densities.

a.

On-site densities. An actively owner-occupied property may follow the administrative review process, if the following standards are met and continuously maintained:

1.

Single-family residences. A one-unit residence may be used as a short-term rental under one of the following sets of rental options:

i.

Option 1: Each distinct area may be used concurrently as a short-term rental(s) by separate tenant parties:

A.

Partial dwelling unit; and

B.

Full accessory dwelling unit.

ii.

Option 2: A full primary residence of an actively owner-occupied residence may be used as a short-term rental if the property owner is either residing in the accessory dwelling unit or temporarily occupying the accessory dwelling unit for the duration of the short-term rental lease.

2.

Duplexes. A two-unit residence may be used as a short-term rental, subject to the following requirements:

i.

The dwelling unit in which the property owner actively occupies is the primary dwelling unit; the other dwelling unit is the secondary dwelling unit.

A.

Any detached accessory dwelling unit is distinct from both the primary and secondary dwelling units; however, for the purposes of this section, an actively owner-occupied accessory dwelling unit shall be the primary accessory dwelling unit and the two units within the duplex residential building shall be the secondary units.

B.

Any secondary unit or accessory dwelling unit that is not operated as a short-term rental may operate as a long-term rental, unless otherwise prohibited by this subsection, and subject to all applicable requirements.

ii.

A two-unit residence may be used as a short-term rental in one or more of the following distinct areas. Each distinct area may be used concurrently as a short-term rental(s) by separate tenant parties:

A.

Partial primary dwelling unit;

B.

Full secondary dwelling unit;

C.

Full accessory dwelling unit, if the property owner actively occupies the primary dwelling unit within the duplex; or full second secondary dwelling unit, if the property owner actively occupies the accessory dwelling unit.

iii.

Multi-family residences and mixed-use buildings.

A.

The dwelling unit in which the property owner actively occupies is the primary dwelling unit; all other dwelling units within the primary residential building are secondary dwelling units.

i.

Any detached accessory dwelling unit is distinct from both the primary and secondary dwelling units; however, for the purposes of this section, an actively owner-occupied accessory dwelling unit shall be the primary accessory dwelling unit and all the units within the primary multi-family residential building shall be the secondary units.

ii.

Any secondary unit or accessory dwelling unit that is not operated as a short-term rental may operate as a long-term rental, unless otherwise prohibited by this subsection, and subject to all applicable requirements.

B.

A multi-family residence with three to 12 dwelling units may be used as a short-term rental under one of the following sets of rental options:

i.

Option 1: Up to three primary, secondary, and accessory dwelling units in any combination, plus 25 percent of all remaining dwelling units after the initial three units, if:

1.

The primary dwelling unit is only a partial dwelling unit, and,

2.

All remaining dwelling units not allowed to operate as short-term rentals are registered with the rental licensing division as long-term rentals.

ii.

Option 2: Up to 25 percent of all total dwelling units on site; except that no fewer than two units may be used as short-term rentals.

C.

A multi-family residence with over 12 dwelling units may be used as a short-term rental under one of the following sets of rental options:

i.

Option 1: Up to six primary, secondary, and accessory dwelling units, plus 25 percent of all remaining dwelling units after the initial six units, if:

1.

The primary dwelling unit is only a partial dwelling unit, and,

2.

All remaining dwelling units not allowed to operate as short-term rentals are registered with the rental licensing division as long-term rentals.

ii.

Option 2: Up to 25 percent of all total dwelling units on site.

iii.

Failure to meet all applicable requirements will result in the property's loss of eligibility for administrative review, and will require said property to be granted a special use permit for a short-term rental, if eligible under this section.

b.

Street block density. There shall be no maximum density of short-term rentals subject to administrative review within a street block.

(3)

Short-term rental use is subject to approval of a completed administrative review form and in compliance with all identified performance standards contained herein.

a.

The short-term rental of any portion of an actively owner-occupied residential building shall be required to obtain administrative review. One administrative review application shall apply to an entire parcel of land.

b.

The applicant for administrative review of a short-term rental must be the property owner. If the property owner is not an individual person, an individual person within the property owner party and with the capacity to act for the property owner may serve as the applicant.

c.

Administrative review submission requirements. The following requirements must be met as part of the submission materials for administrative review of a short-term rental:

1.

An affidavit, signed by the property owner, attesting to the satisfaction of safety and habitability standards.

2.

Proof of an active lodging establishment license, if required by state statute.

3.

Proof of homeowners' insurance.

4.

Provide a management plan for the property.

5.

Provide a guest book of important contact information, including contact information by which the property owner or their designee is reasonably accessible, and a list of all house rules.

i.

The list of rules must include a prohibition on parties.

ii.

Contact information for the property owner or their designee.

iii.

This manual must inform guests that the unified government enforces this policy and must include the contact information to report any violations.

6.

The property owner or applicant must post the following within the primary residence and must make readily available upon request:

i.

A copy of the administrative review approval letter granting permission to the subject parcel to operate the short-term rental;

ii.

The expiration date of the current special use permit;

iii.

A copy of the occupational tax receipt for the current calendar year; and,

iv.

The contact information of the property owner or their designee, in an area of the rented property that is clearly visible to all tenants.

7.

An accurate and to-scale floor plan, including all exits for fire safety purposes.

8.

Additional site plans and other related materials, at the discretion of the director of planning and/or their designee(s).

9.

Reports from any other inspection, as determined by unified government staff.

10.

Report from a full safety home inspection.

i.

For a new administrative review only, the report from a full safety home inspection conducted within the past six months by a home inspector registered with the unified government and in compliance with all business licensing requirements.

ii.

Additional inspections may be required at the discretion of the director of planning and/or their designee(s).

iii.

While a full safety home inspection shall not be required upon every renewal of an administrative review, under no circumstances shall the time from the last full home inspection was conducted be greater than five years.

d.

Approval of administrative review is for one year, and must be renewed annually.

1.

The date for which a time period begins to run shall be the date of approval of the administrative review by the director and/or their designee(s).

2.

Except as provided in sub-subsection (iii) of this subsection 2., a new administrative review shall be required upon a change in ownership of the property to which the existing administrative review applies, or any portion thereof.

i.

The administrative approval shall not be transferred to another applicant or to another parcel owned by the same property owner or applicant.

ii.

A change in applicant or property ownership shall require approval of a new and distinct administrative review and approval. Operation of the short-term rental under the new administrative review shall not commence until administrative approval has been granted.

iii.

A new administrative review shall not be required if the property is transferred to a transferee entity of the current property owner, provided that the controlling person or controlling entity of such transferee entity is also the controlling person or controlling entity of the current property owner.

3.

An applicant seeking renewal of an administrative review approval must submit a revised application to the department of planning and urban design 30 days before the expiration of the existing administrative review approval.

(c)

Short-term rentals subject to special use permits.

(1)

Special use permit densities.

a.

On-site densities. Short-term rentals allowed only under a special use permit are limited to the following on-site density maximums:

1.

For primary buildings, the maximum number of allowed short-term rentals per parcel are as follows:

i.

For a building with one dwelling unit, no more than one short-term rental unit is allowed.

ii.

For a building with two to 11 dwelling units, no more than two short-term rental units are allowed.

iii.

For a building with 12 dwelling units or greater, no more than 25 percent of all total units are allowed to be short-term rental units.

2.

A parcel with an accessory dwelling unit may operate the accessory dwelling unit as a short-term rental in addition to the unit maximums allowed in subsection (c)(1)a., 1.

3.

It shall be prohibited for a property to exceed the short-term rental densities provided in sub-subsections 1. and 2. of this subsection (c)(1).

b.

Street block density.

1.

Within a street block, no more than one parcel shall be granted a special use permit for a short-term rental. No parcel operating a short-term rental under an administrative review shall be included in the count of short-term rentals that require a special use permit.

2.

Any densities applied at the street block level do not prohibit special use permits for short-term rentals granted before April 27, 2023. All special use permits for short-term rentals issued before said date have legal non-conforming status and may continue to reapply for subsequent terms of the special use permit, subject to compliance with all other portions of this section and other applicable regulations.

(2)

Short-term rental use is subject to approval of a complete special use permit application, and in compliance with all identified performance standards contained herein.

a.

Special use permit process.

1.

The short-term rental of any portion of a residential building shall be required to obtain a special use permit. One short-term rental special use permit shall apply to an entire parcel of land.

2.

The applicant of a special use permit for a short-term rental must be either the property owner or the property owner's designee.

i.

If the property owner is not an individual person, an individual person within the property owner party and with the capacity to act for the property owner may serve as the applicant.

ii.

An applicant who is not the property owner nor within the property owner party shall be presumed to be the property owner's designee.

3.

Submission requirements.

i.

A special use permit process for a short-term rental shall follow all applicable requirements and procedures identified in article VI of this chapter.

ii.

In addition, the following requirements must be met as part of the submission materials for a short-term rental special use permit:

A.

An affidavit, signed by the property owner, attesting to the satisfaction of safety and habitability standards.

B.

Proof of an active lodging establishment license, if required by state statute.

C.

Proof of at least $1,000,000 insurance liability policy covering the entire subject property.

D.

Provide a management plan for the property.

E.

Provide a guest book of important contact information, including contact information by which the property owner or their designee is reasonably accessible, and a list of all house rules.

1.

The list of rules must include a prohibition on parties.

2.

Contact information for the property owner or their designee.

3.

This manual must inform guests that the unified government enforces this policy and must include the contact information to report any violations.

F.

The property owner or applicant must post the following within the primary residence and must make readily available upon request:

1.

A copy of the special use permit ordinance granting permission to the subject parcel to operate the short-term rental;

2.

The expiration date of the current special use permit;

3.

A copy of the occupational tax receipt for the current calendar year; and,

4.

The contact information of the property owner or their designee, in an area of the rented property that is clearly visible to all tenants.

G.

An accurate and to-scale floor plan, including all exits for fire safety purposes.

H.

Additional site plans and other related materials, at the discretion of the director of planning and/or their designee(s).

I.

Reports from any other inspection, as determined by unified government staff.

J.

Report from a full safety home inspection.

1.

For a new short-term special use permit application only, the report from a full safety home inspection conducted within the past six months by a home inspector registered with the unified government and in compliance with all business licensing requirements.

2.

Additional inspections may be required at the discretion of the director of planning and/or their designee(s).

3.

While a full safety home inspection shall not be required upon every renewal application of an existing special use permit, under no circumstances shall the time from the last full home inspection was conducted be greater than five years.

iii.

A special use permit application for a short-term rental shall be presumed incomplete if the presumed approval of said application would cause the street block on which the subject parcel is located to violate subsection 27-623(a)(1), b., unless the application is a renewal of an existing special use permit. An application that is required due to a change in ownership of the subject parcel or lot, or the transference of the special use permit to a separate parcel or lot, shall be considered a new application and therefore not eligible for legal non-conformity within this section.

4.

Length of approval of a special use permit for a short-term rental.

i.

Operating under a special use permit is generally limited to a set time period, by the end of which the special use permit must be reapplied for, subject to a new (de novo), full review, and granted approval by the board of commissioners.

ii.

If the short-term rental property is owner-occupied, then upon final approval by the board of commissioners, the term of the special use permit is as follows:

A.

First approval - no more than 24 months.

B.

Second approval - no more than 60 months.

C.

Third approval and beyond - no more than 120 months.

iii.

If the short-term rental property is not owner-occupied, then upon final approval by the board of commissioners, the term of the special use permit is as follows:

A.

First approval — no more than 12 months.

B.

Second approval — no more than 24 months.

C.

Third approval — no more than 60 months.

D.

Fourth approval and beyond — no more than 120 months.

iv.

The date for which a time period begins to run shall be the date of approval of the special use permit by the board of commissioners. The first date of effective use of the short-term rental shall be the date of completion of all post-approval procedural requirements, including, but not limited to, publication in the newspaper, the payment of all outstanding administrative fees, and proof of completion of the conditions of approval, but not including conditions of approval which specifically may be fulfilled while the short-term rental is in use. This subsection is intended to supersede section 27-214(f)(7) only as applied to special use permits for short-term rentals.

v.

The applicant to whom the short-term rental special use permit has been issued must submit a revised application to the department of planning and urban design no less than three months prior to the expiration date of the current special use permit's term. Failure to meet the three-month requirement will result in the subsequent application having the status of a new application.

(d)

Taxation of short-term rental units.

(1)

The property owner shall be responsible for the collection of all lodging/hotel taxes duly owed under state and local law.

(Ord. No. O-49-23, § 5, 4-27-2023)