The regulations and requirements as to height of buildings, required yards, etc., in this division are subject to the exceptions and additional regulations in this division.

(Code 1988, § 27-1300; Ord. No. 64690, § 1(27-65.1), 8-30-1984)

(a)

Public or semipublic buildings, hospitals, sanitariums, schools or homes for the elderly in any zoning district in which such use is permitted may be erected to a height not exceeding 75 feet when their front, side and rear yards are increased one additional foot for each foot such buildings exceed 35 feet. Telecommunication towers on the site of such a use are subject to these height restrictions.

(b)

The height limitations contained in the district regulations do not apply to chimneys, towers, penthouses, scenery lofts, monuments, cupolas, domes, belfries, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy. However, permitted uses accessory to residential dwellings, such as television and radio receiving antennae shall not exceed 60 feet in height. Any such 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.

(c)

Antennas and support structures may be installed on an existing structure even if they will exceed the height requirements of the district if they extend no more than 20 feet above the roofline and meet all other requirements.

(Code 1988, § 27-1301; Ord. No. 64690, § 1(27-65.2), 8-30-1984; Ord. No. 66177, § 6, 12-5-1996)

(a)

For the purpose of side yard regulations, a two-family dwelling shall be considered as one building occupying one lot.

(b)

The front, side and rear yard requirements for dwellings shall be waived where dwellings are erected above stores, shops or industries.

(c)

In computing the depth of a rear yard for any building where such yard opens into an alley, one-half of such alley may be assumed to be a portion of the rear yard.

(Code 1988, § 27-1302; Ord. No. 64690, § 1(27-65.4), 8-30-1984)

(a)

Major streets. On streets designated on the major street system, as provided in division 12 of this article, the depth or width of a yard shall be measured from such official line to the nearest line of the building.

(b)

Sight distance. All corner lots shall provide two sight distance triangles, the short leg of which shall be 15 feet and the long leg of which shall be 140 feet measured along the curbline or edge of pavement. Such area shall be and shall remain free of shrubbery, fences or other obstruction to vision more than two feet high measured from the roadway.

(c)

Additional setbacks on certain park ways. The following additional setbacks are put in place to protect the investment of the unified government in certain major street improvements and to enhance and preserve the spacious appearance of certain parkways.

(1)

Applicability. The requirements contained herein shall apply to the following major streets except when more restrictive requirements apply in the established zoning district:

a.

Parallel Parkway, from 3rd Street to the western city limits.

b.

57th Street, from State Avenue to Kaw Drive.

c.

Meadowlark Lane, from Parallel Parkway to State Avenue.

d.

59th Street, from Leavenworth Road to Parallel Parkway.

e.

77th Street/78th Street from Leavenworth Road to Kaw Drive.

(2)

Setback from property line.

a.

Front yard. Not less than 30 feet.

b.

Corner side yard. Not less than 30 feet.

c.

Parking and paved areas. Not less than 15 feet.

(Code 1988, § 27-1303; Ord. No. 64690, § 1(27-65.5), 8-30-1984)

(a)

Established setback. Where the majority of developed lots on the same street frontage and within 100 feet of a proposed building site are developed with buildings having a front yard or corner side yard less than required in this division, a building may be erected at the average front yard line of such nonconforming buildings unless such adjacent buildings are in the process of being acquired for street widening.

(b)

Earth-sheltered dwellings. All portions of an earth-sheltered dwelling which are visible in whole or in part above the finished grade line, including, but not limited to, wing walls, retaining walls, and other such integral and necessary components of the dwelling's structure, shall conform to the applicable minimum yard requirements of the relevant zoning district. Those portions of the structure that are wholly underground may be exempted from these minimum requirements in the course of the review process, provided that all requirements of the International Building Code, as adopted and amended by the unified government, are met.

(c)

Rear yard not required. No rear yard shall be required in districts C-1 to M-3 inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railroad right-of-way or which has a rear railroad track connection.

(d)

Accessory residential buildings. An accessory building to a residential use may occupy not more than 30 percent of a required rear yard, and no accessory building shall be located within three feet of any side or rear property line or less than two feet from an alley.

(Code 1988, § 27-1304; Ord. No. 64690, § 1(27-65.6), 8-30-1984; Ord. No. 64884, § 12, 10-3-1985; Ord. No. 65417, § 24, 4-6-1989)

(a)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of such projections shall project into a minimum yard more than 30 inches.

(b)

No projection shall extend over the street line more than five percent of the width of such street, and in no case project more than four feet.

(c)

Open or enclosed fire escapes, fireproof outside stairways, open porches and balconies projecting into a minimum yard or court not more than 3½ feet and the ordinary projections of chimney and flues may be permitted by the building official where same are so placed as to not obstruct the light and ventilation. In addition, canopies or open porches having a roof area of no more than 60 square feet may project a maximum of six feet into the required front or rear yard.

(d)

Unenclosed decks with floor surfaces not more than 30 inches above grade may extend into the rear yard a distance of up to one-third the required rear yard.

(Code 1988, § 27-1305; Ord. No. 64690, § 1(27-65.7), 8-30-1984; Ord. No. 65658, § 3, 9-5-1991)