Merriam City Zoning Code
ARTICLE I
- IN GENERAL
Footnotes:
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Editor's note— Additional zoning regulations are included in Chapter 62, subdivisions, and may be included in other chapters of this Code.
State Law reference— Municipal planning and zoning generally, K.S.A. 12-715b et seq.; planning and zoning in cities and counties, K.S.A. 12-741 et seq.; scope of authority to adopt and enforce municipal zoning regulations, K.S.A. 12-755 ; municipal planning commissions, K.S.A. 12-744 et seq.; municipal comprehensive plans, K.S.A. 12-747 ; building and zoning permits, K.S.A. 12-751 ; municipal boards of zoning appeals, K.S.A. 12-759 ; Neighborhood Revitalization Act, K.S.A. 12-17,114 et seq.
ARTICLE I. - IN GENERAL
Sec. 74-1. - Scope.
The regulations of this chapter, including the zoning district map made a part hereof, shall be adjunct to and read in connection with the city comprehensive plan, building codes, technical codes, subdivision regulations, environmental protection and control regulations, and other applicable provisions of this Code, other ordinances of the city, and state law and rules.
(Ord. No. 54, art. 1, § 1-101, art. 3, § 3-107, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-2. - Intent and purpose.
- Establish zoning districts within the city;
- Regulate the location and use of buildings and the uses of land within each zoning district;
- Regulate the use of buildings and land for agricultural, recreational, residential, commercial, industrial, conservation and other purposes;
- Promote and enhance the public health, safety, morals, comfort, general welfare and aesthetics;
- Conserve and protect property values throughout the city; and
- Regulate the height, number of stories, size and density of buildings.
(Ord. No. 54, art. 3, § 2-101, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-3. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sec. 74-4. - Rules of construction.
- The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
- Unless otherwise specified, all distances shall be measured horizontally.
- The phrase "city planning area" means the incorporated area of the city.
(Ord. No. 54, art. 12, § 12-101, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-5. - Interpretation.
(Ord. No. 54, art. 12, § 12-102, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-6. - Applicability; exemptions.
- Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment listed as a permitted use in the I-1, Light Industrial District. Railroad street crossings at grade shall be equipped with the best available material to provide a smooth and durable surface for vehicular traffic.
- Agricultural structures or land used for agriculture. In the event that any such structure or land ceases to be used only for agriculture, then such structure or land shall be subject to R-1 zoning district regulations.
(Ord. No. 54, art. 3, §§ 3-101—3-106, 12-4-1958; Ord. No. 1292, § 1, 3-24-1997)
Effective on: 1/1/1901
Sec. 74-7. - Separability.
It is hereby declared to be the intention of the city that the several provisions of this chapter are separable, in accordance with the following rules:
- If any court or competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter.
- If any court of competent jurisdiction shall judge invalid the application of any provision of this chapter to a particular property or structure, such judgment shall not affect the application of the provision to any other property or structure.
(Ord. No. 54, art. 12, § 12-103, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-8. - Effect on existing construction permits.
Nothing in this chapter shall be deemed to require any change in plans, construction or designated use of any structure in the event that:
- A construction permit for such structure was lawfully issued prior to the effective date of this chapter, or the effective date of any amendment thereof.
- Such construction permits had not by their own terms expired prior to such effective date.
- Such permit issued on the basis of an application showing complete plans for proposed construction.
- There has been a substantial change of position, substantial expenditure or incurrence of substantial obligations by the permit holder in reliance on such permit.
- Such change of position, expenditures or incurrence of obligations were made prior to published or actual notice of a proposed amendment of this chapter which amendments would have made illegal the issuance of such permits.
- Construction pursuant to such permit is completed prior to the expiration of such permit or certificate.
(Ord. No. 54, art. 12, § 12-104, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-9. - Inspection.
Upon the issuance of a construction permit and to the time of completion, the city shall provide progressive on-site inspections in order to determine that all construction is in accordance with city codes, ordinances, and regulations.
(Ord. No. 54, art. 12, § 12-105, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-10. - Criminal uses.
Nothing contained in this chapter shall constitute permission or authority to engage in any use or activity that is declared criminal by federal or state law or the ordinances of the city.
(Ord. No. 54, art. 3, § 3-108, 12-4-1958)
Effective on: 1/1/1901
Secs. 74-11—74-38. - Reserved.
Effective on: 1/1/1901
A
Accessory use. See section 74-421.
Effective on: 1/1/1901
Aesthetics in zoning
Aesthetics in zoning means the careful regulating of building or site design, providing for zoning districts, setbacks, height limits, lot size, fencing, signs, stormwater control and landscaping are examples of zoning considerations related to a pleasing appearance. The architectural style of structures can be designed to fit new development. Aesthetics include portions of projects devoted to landscape beautification and natural plant growth for the purpose of improving the environment, character and value of the total urban area, thereby promoting the public health and general welfare.
Effective on: 1/1/1901
Agricultural uses
Agricultural uses means the use of a tract of land of not less than five acres for growing crops in the open; horticulture, floriculture and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof, except where specifically prohibited by city or state law; provided, however, such agricultural use shall not include the following uses:
- The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted.
- Wholesale or retail sales as an accessory use unless the same are specifically permitted by this chapter. Agriculture does not include the feeding of garbage to animals, the raising of poultry or fur bearing animals as a principal use or the operation or maintenance of a commercial stockyard or feed yard.
Effective on: 1/1/1901
Alley
Alley means a dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.
Effective on: 1/1/1901
Apartment house
Apartment house. See Dwelling, multiple-family.
Effective on: 1/1/1901
A
Apparel stores means stores selling new and/or used clothing for men, women or children at retail.
Effective on: 1/1/1901
Appliance repairs
Appliance repairs means the repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators.
Effective on: 1/1/1901
A
Appliance sales means the sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios, refrigerators, and repair of the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.
Effective on: 1/1/1901
Automobile accessory stores
Automobile accessory stores means stores engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.
Effective on: 1/1/1901
Automobile laundry
Automobile laundry means a structure or portion thereof containing facilities for washing more than two automobiles, using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical device.
Effective on: 1/1/1901
Automobile sales
Automobile sales means the sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition, but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, but not including body work, painting or motor rebuilding, unless specifically permitted by the zoning district regulations.
Effective on: 1/1/1901
Automobile service station
Automobile service station means a structure and surrounding land used for the storage and sale of petroleum fuel primarily to passenger vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs.
Effective on: 1/1/1901
A
Awning means a structure supported entirely from the exterior wall of a building, which is often used as an architectural detail or for the purpose of shielding a doorway or window from the elements. Awnings are composed of non-rigid materials (canvas, plastic) except for the supporting framework.
Effective on: 1/1/1901
B
Banks and financial institutions mean commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.
Effective on: 1/1/1901
Beverage distributors
Beverage distributors mean warehouses for the storage and distribution of beer, soft drinks and other beverages, but not including bottling plants and similar industrial uses.
Effective on: 1/1/1901
B
Block means the land adjoining one side of a street between two consecutive junctions of said street with streets, railway rights-of-way or waterways crossing or meeting said side of said street.
Effective on: 1/1/1901
B
Building means any covered structure built for the support, shelter or enclosure of persons, chattels or movable property of any kind and which is permanently affixed to the land.
Effective on: 1/1/1901
Bulk regulations
Bulk regulations means regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:
- Maximum height.
- Maximum lot coverage.
- Minimum size of yard and setbacks.
Effective on: 1/1/1901
B
Business and professional office means the office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional person and any office used primarily for accounting, correspondence, research, editing or administration.
Effective on: 1/1/1901
B
Business district or commercial district means any zoning district designated with a "C," for example "C-0," "C-1," etc.
Effective on: 1/1/1901
Campground
Campground means an area or premises in which space is provided for transient occupancy or use by tourists occupying mobile homes, camping trailers or tents.
Effective on: 1/1/1901
Canopy
Canopy means a permanent structure, freestanding or extending from part or all of a building façade (generally overhanging a sidewalk) and often used to provide protection from sun or rain or as an architectural detail. Unlike awnings, canopies are composed of durable, rigid building materials, such as masonry, metal, wood or glass.
Effective on: 1/1/1901
Capacity in persons
Capacity in persons means the maximum number of persons that can avail themselves of the services (or goods) of an establishment at any one time with reasonable comfort and safety.
Effective on: 1/1/1901
C
Carport means a roofed automobile shelter consisting of a roof, post supports or one or more walls, attached or detached to a principal building. An attached garage or carport shall be subject to the same required setbacks as the main structure. Detached carports are considered accessory structures. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.
Effective on: 1/1/1901
Commercial vehicle
Commercial vehicle means a vehicle that is:
- With or without its own motive power;
- With a chassis rated greater than two ton;
- Dimensions exceeding 20 feet in total length, eight feet in total width, or seven feet in total height; and,
- Used primarily for the carrying of equipment, livestock, minerals, liquids, dirt, concrete, asphalt or other commodities, or the carrying of persons in the performance of a transportation service.
Commercial vehicles include trailers if said trailer is used for commercial purposes.
Effective on: 1/1/1901
Common open space
Common open space means an open green area designed and developed primarily for the use and benefit of the residents of the development for recreation, courts, gardens, or open space: it shall not include space devoted to public or private streets, and parking for residential and nonresidential uses.
Effective on: 1/1/1901
Construction permit
Construction permit means an official document issued by the building official authorizing performance of specific activity related to the building trades.
Effective on: 1/1/1901
Convenience store
Convenience store means the combined uses of an automobile service station and food stores as defined by this chapter. The consumption of food and beverage on the premises shall be prohibited.
Effective on: 1/1/1901
Corner lot
Corner lot means the front of a corner lot shall be determined by the street address of the dwelling as designated at the time of the issuance of a building permit. A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines of 135 degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line. There shall be no rear yard as defined, and in such case the sides opposite the street sides shall be considered as side yards for setback purposes.
Effective on: 1/1/1901
Day care center
Day care center means a child care facility not operated from a single family home or residence. Typical uses include facilities that care for children, preschools, kindergartens not operated by public schools, and other establishments offering care to groups of children for part or all of the day or night, with specific exclusion of temporary or seasonal religious instructional schools, such as summer Bible school and church school classes. All day care centers must comply with state and county licensing requirements.
Effective on: 1/1/1901
Density
Density means the number of dwelling units per gross acre or per square feet of zoning lot area.
Effective on: 1/1/1901
D
Developer means the legal or beneficial owner of all of the land proposed to be included in a planned development, or the duly authorized agent thereof. The holder of an option or contract or purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land shall be deemed to be a developer for the purpose of this chapter.
Effective on: 1/1/1901
Drive-in establishment
Drive-in establishment means an enterprise which accommodates patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business, view motion pictures or other entertainment.
Effective on: 1/1/1901
D
Dry cleaning plant means an establishment in which clothing and other fabrics are dry cleaned professionally.
Effective on: 1/1/1901
Dry cleaning (self-service)
Dry cleaning (self-service) means an establishment providing facilities with which customers may dry clean their own clothes or other fabrics.
Effective on: 1/1/1901
Dwelling
Dwelling means a building or portion thereof, but not a mobile home, designed or used for a residential occupancy.
Effective on: 1/1/1901
Dwelling, attached
Dwelling, attached, means a residential building which is joined to another dwelling at one or more sides by a party wall.
Effective on: 1/1/1901
Dwelling, detached
Dwelling, detached, means a residential building which is entirely surrounded by open space on the same lot.
Effective on: 1/1/1901
Dwelling, multiple-family
Dwelling, multiple-family, means a residential building containing three or more dwelling units.
Effective on: 1/1/1901
Dwelling, single-family
Dwelling, single-family, means a residential building containing one dwelling unit only.
Effective on: 1/1/1901
Dwelling, two-family
Dwelling, two-family, means a building containing two dwelling units only.
Effective on: 1/1/1901
Dwelling unit
Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
Effective on: 1/1/1901
Environmental impact
Environmental impact means conditions affecting the general welfare of people, and their surrounding environment.
Effective on: 1/1/1901
E
Environmental impact study means a study of environmental impact regarding traffic, noise, lighting, parking, stormwater control and/or other aesthetic aspects.
Effective on: 1/1/1901
F
Family means either:
- An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or
- A group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; plus in either case, usual domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage or adoption.
Effective on: 1/1/1901
Fence
Fence means a free-standing structure of metal, masonry, composition, wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening or partition purposes. (See section 74-94 also.)
Effective on: 1/1/1901
F
Floor area means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, computed as follows:
- For determining floor area ratio. The sum of the following areas:
- The basement floor area when more than one-half of the basement height is above the finished lot grade level;
- Elevator shafts and stairwells at each floor;
- Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);
- Penthouses;
- Attic space having head room of seven feet, ten inches or more;
- Interior balconies and mezzanines;
- Enclosed porches; and
- Floor area devoted to accessory uses.
Space devoted to off-street parking or loading shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten feet of height or fraction thereof, as being equal to one floor.
- For determining off-street parking and loading requirements. The sum of the following areas:
- Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks or closets;
- Any basement floor area devoted to retailing activities; and
- Floor area devoted to the production or processing of goods or for business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted here), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than the area devoted to retailing activities, the production or processing of goods, or business or professional offices.
Effective on: 1/1/1901
Food stores
Food stores means stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
Effective on: 1/1/1901
Fraternal and/or service clubs
Fraternal and/or service clubs means an association formally organized for a common purpose or interest, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. Foods, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws.
Effective on: 1/1/1901
Front lot line
Front lot line. See Lot line, front.
Effective on: 1/1/1901
Front yard
Front yard. See Yard, front.
Effective on: 1/1/1901
Frontage
Frontage means the length of a front lot line.
Effective on: 1/1/1901
Garden stores
Garden stores means stores which sell growing plants, seeds, bulbs, shrubs, gardening and landscaping tools, implements and supplies, including lawn furniture.
Effective on: 1/1/1901
Group home
Group home means any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the State of Kansas or otherwise permitted by law. "Group home" also includes state-licensed home plus adult care residences or facilities.
Effective on: 1/1/1901
Group residence
Group residence means a residential facility providing cooking, sleeping, and sanitary accommodations for a group of people, not defined as a family or group home, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, children's homes, and emergency shelters for the homeless and for victims of crime, abuse, or neglect.
Effective on: 1/1/1901
Height maximum
Height maximum means a horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except:
- Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.
- Flag poles, television aerials, steeples, bell towers, carillons, monuments, cupolas and electric transmission line towers.
Effective on: 1/1/1901
High rise
High rise means a structure exceeding 40 feet in height.
Effective on: 1/1/1901
Hotel
Hotel means a building or portion thereof or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.
Effective on: 1/1/1901
I
Industrial district means any zoning district designated with an "I-1."
Effective on: 1/1/1901
I
Intensity means the degree to which an activity or use, or group of uses, is concentrated. Constituting or relating to a method of land use that aims to increase the productivity or economic return of a fixed area.
Effective on: 1/1/1901
Landscaping
Landscaping means the improvement of a lot, parcel or tract of land with grass, shrubs and/or trees. "Landscaping" may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
Effective on: 1/1/1901
Laundry
Laundry means an establishment in which clothing and other fabrics are laundered professionally.
Effective on: 1/1/1901
L
Laundry (self-service) means an establishment providing facilities with which customers may launder their own clothes or other fabrics.
Effective on: 1/1/1901
Lighting
Lighting. See section 74-244.
Effective on: 1/1/1901
Lot area
Lot area means the area of a horizontal plan bounded by the front, side and rear lot lines.
Effective on: 1/1/1901
L
Lot, corner. See Corner lot.
Effective on: 1/1/1901
Lot coverage
Lot coverage means the percentage of a lot which, when viewed directly from above, would be covered by a structure, or any part thereof, excluding projecting roof eaves.
Effective on: 1/1/1901
Lot depth
Lot depth means the distance between the midpoints of the front lot line and the midpoint of the rear lot line.
Effective on: 1/1/1901
Lot line, front
Lot line, front, means a street right-of-way line forming the boundary of a lot. .
Effective on: 1/1/1901
L
Lot line, lot boundary line. See Lot line, front; lot line, rear; lot line, side.
Effective on: 1/1/1901
Lot line, rear
Lot line, rear, means the lot line that is most distant from and is, or is most nearly, parallel to the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line.
Effective on: 1/1/1901
Lot line, side
Lot line, side, means a lot line which is neither a front lot line or a rear lot line.
Effective on: 1/1/1901
Lot of record
Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the register of deeds of the county, or a parcel of land the deed to which was recorded prior to adoption of this chapter. The owner of such a lot or parcel shall be deemed to be any equitable owner.
Effective on: 1/1/1901
Lot size requirements
Lot size requirements means restrictions on the dimensions of lots including:
- Minimum lot area, width and depth; and
- Maximum density.
Minimum lot area, width and depth establish the size of the zoning lot on which a structure or use, or two or more structures or uses, may be constructed or established.
Effective on: 1/1/1901
Lot width
Lot width means the distance on a horizontal plane between the side lot lines, measured at right angles to the lot depth at the established front building line.
Effective on: 1/1/1901
Lot, zoning
Lot, zoning, means a parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate, as a tract all of which is to used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
- A single lot of record;
- A portion of a lot of record; or
- A combination of complete lots of records, complete lots and portions of lots of records, or portions of lots of records.
Effective on: 1/1/1901
Manufactured home
Manufactured home means a structure that:
- Is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
- Is subject to the federal manufactured home construction and safety standards established pursuant to 42 USC 5403.
Effective on: 1/1/1901
Mini-storage facility
Mini-storage facility means a building where the public may rent space for storage of personal property.
Effective on: 1/1/1901
Mobile home
Mobile home means a structure that:
- Is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
- Is not subject to the federal manufactured home construction and safety standards established pursuant to 42 USC 5403.
Effective on: 1/1/1901
M
Modular home means a structure that:
- Is transportable in one or more sections;
- Is not constructed on a permanent chassis;
- Is designed to be used as a dwelling on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
- Is certified by its manufacturer as being constructed in accordance with the Uniform Building Code and other related associated codes.
Effective on: 1/1/1901
Motor freight terminal
Motor freight terminal means a building or area in which a freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.
Effective on: 1/1/1901
N
Nonconforming lot of record means an unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.
Effective on: 1/1/1901
Nonconforming structure
Nonconforming structure means a structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
Effective on: 1/1/1901
Nonconforming use
Nonconforming use means an existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.
Effective on: 1/1/1901
Nonconformity
Nonconformity means a nonconforming use, nonconforming structure or a nonconforming lot of record.
Effective on: 1/1/1901
Nursing or convalescent home
Nursing or convalescent home means an institution for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism or narcotics addiction.
Effective on: 1/1/1901
O
Obstructions. See section 74-94.
Effective on: 1/1/1901
Occupancy permit
Occupancy permit means certificate of occupancy as defined in the building code.
Effective on: 1/1/1901
O
Office. See Business and professional office.
Effective on: 1/1/1901
Open space
Open space means an open green area designed for recreation, courts, gardens, or open space: it shall not include space devoted to public or private streets, or parking. (See Common open space or public open space. )
Effective on: 1/1/1901
Ornamental fence
Ornamental fence means a decorative fence designed to permit the free passage of air and light and which is aesthetically compatible with the surrounding environment. Examples: wrought iron, split rail, picket.
Effective on: 1/1/1901
Outdoor storage
Outdoor storage means any items not listed as permitted accessory or temporary uses under ARTICLE VIII of this chapter when such items are left outside of an enclosed building for a period exceeding 48 hours.
Effective on: 1/1/1901
Overnight parking
Overnight parking means parking of any vehicle between the hours of 5:00 p.m. and 8:00 a.m. for a period of six hours or more, on or near the same premises.
Effective on: 1/1/1901
Package liquor store
Package liquor store means an establishment in which alcoholic beverages are sold for consumption off the premises.
Effective on: 1/1/1901
Passenger vehicle
Passenger vehicle means a vehicle that is:
- Licensed for use on public streets;
- Designed primarily for the private transportation of people as opposed to the carrying of a number of persons in the performance of a transportation service; and
- Sold primarily to individuals for personal use.
This definition includes, but is not limited to, motorcycles, mopeds, motorscooters, automobiles commonly referred to as coupes, sedans, hatchbacks, station wagons, convertibles, minivans, passenger vans, cargo vans, and pickup trucks, any of which would not otherwise meet the definition of commercial vehicle or recreational vehicle as set forth herein.
Effective on: 1/1/1901
P
Permit. See Construction permit and Occupancy permit.
Effective on: 1/1/1901
Pharmacies
Pharmacies means stores which sell drugs and medicine, and medical, surgical and dental supplies and appliances only.
Effective on: 1/1/1901
P
Plat. See the subdivision regulations ordinance of the city.
Effective on: 1/1/1901
Plot plan
Plot plan means a drawing in plan view showing all the information necessary for determining compliance with the zoning regulations. Such information includes the location of all proposed buildings, additions and structures in relation to property lines and may include a property survey showing boundaries, frontage streets, topography, existing improvements and utilities.
Effective on: 1/1/1901
Principal structure
Principal structure means a structure in which a principal use of the lot on which the structure is located is conducted.
Effective on: 1/1/1901
Principal use
Principal use means the main use of land or structures as distinguished from a subordinate or accessory use.
Effective on: 1/1/1901
Private club
Private club means an association organized and operated for profit or not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. Food, meals and beverages may be served on such premises; provided, adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served or sold to members and their guests provided such service or sale of alcoholic beverages is in compliance with all federal, state, county and local laws.
Effective on: 1/1/1901
Public open space
Public open space means a parcel of land or an area of water, or a combination of land and water dedicated to public use and available for the use and enjoyment of the general public. "Public open space" does not include streets, alleys, off-street parking or loading areas.
Effective on: 1/1/1901
Public sewer and water system
Public sewer and water system means any system, other than an individual septic tank, tile field or individual well, operated by a municipality or other governmental agency or a public utility for the disposal of waste and the furnishing of water on an individual system approved by the state board of health.
Effective on: 1/1/1901
R
Rear lot line. See Lot line, rear.
Effective on: 1/1/1901
R
Rear yard. See Yard, rear.
Effective on: 1/1/1901
Recreational vehicle (RV)
Recreational vehicle (RV) means a non-commercial vehicular-type unit which is:
- Built on a chassis or for use on a chassis;
- Designed primarily as temporary living quarters for recreational, camping, vacation or travel use; and
- Has its own motive power or is mounted on or drawn by another vehicle.
This definition includes, but is not limited to, motor homes (Class A, B, or C), travel trailers, folding camping trailers, fifth wheel trailers, truck campers, passenger vehicles or buses specifically modified to meet the three conditions.
Effective on: 1/1/1901
R
Remodeling means any change in a structure (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as fearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of any portion of a structure.
Effective on: 1/1/1901
Residential building
Residential building means a building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and fraternities.
Effective on: 1/1/1901
R
Residential design manufactured home. See section 50-19.
Effective on: 1/1/1901
Residential district
Residential district means any zoning district designated with an "R," for example, "R-1," "R-2," etc., or any planned development district that contains residential buildings.
Effective on: 1/1/1901
Residential high rise
Residential high rise means any residential structure exceeding height limitations of those specified for R-4.
Effective on: 1/1/1901
R
Restaurant means a public eating house, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains. A drive-in restaurant is a restaurant where food and beverage is served at the vehicle parked on the premises.
Effective on: 1/1/1901
Retail sales
Retail sales means the sale of goods, merchandise, and commodities for use or consumption.
Effective on: 1/1/1901
Roomers and boarders
Roomers and boarders means those that pay a stipulated sum in return for lodging, which may or may not also include meals. The maximum amount of roomers and boarders permitted shall be determined by occupant load and floor area regulations contained in the building and housing codes.
Effective on: 1/1/1901
Screening
Screening means decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six nor more than eight feet in height.
Effective on: 1/1/1901
Setback
Setback means the distance between the front lot line and the outside wall of the principal building on the lot. .
Effective on: 1/1/1901
S
Side lot line. See Lot line, side.
Effective on: 1/1/1901
S
Side yard. See Yard, side.
Effective on: 1/1/1901
Sign
Sign means any writing (including letters, words, or numerals) pictorial representation (including illustrations or decorations), emblem (including devices, symbols or trademarks), flag, banner, streamer, pennant, string of lights or display calculated to attract the attention of the public or any other figure of similar character which:
- Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground; and
- Is used to announce, direct attention to or advertise; and
- Is not located inside the building.
(See also section 53-6.)
Effective on: 1/1/1901
S
Storage means the keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day-to-day use or consumption of the same.
Effective on: 1/1/1901
Structure
Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, billboards, sheds, towers and bins. For purposes of this chapter, central air-conditioning condensing units and similar cooling system apparatus, other than so-called window or room conditioners, shall be considered as structures.
Effective on: 1/1/1901
Subdivision regulations
Subdivision regulations means the subdivision regulations ordinance of the city (Chapter 62).
Effective on: 1/1/1901
Tavern
Tavern means an establishment in which the principal function is the selling or serving of beer having an alcoholic content of no greater than 3.2 percent by volume to customers for consumption on the premises.
Effective on: 1/1/1901
Temporary use
Temporary use. See section 74-449.
Effective on: 1/1/1901
T
Theater means a fully-enclosed building wherein motion pictures are shown to the public on a fee basis. The term "theater" excludes live productions, live entertainment, plays and live musical productions. The content of motion pictures shall be governed by this Code.
Effective on: 1/1/1901
T
Trailer means a vehicle standing on wheels or on rigid supports, which is used for transporting boats, cargo, or property and is designed to be towed by a passenger vehicle.
Effective on: 1/1/1901
Use
Use means any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business, or operation carried on or intended to be carried on in a structure or on a tract of land.
Effective on: 1/1/1901
U
Use regulations means the provisions of this chapter which identify permitted and conditional uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.
Effective on: 1/1/1901
Utility trailer
Utility trailer means a trailer with a gross vehicle weight of 2,000 pounds or less and is not required to be registered in the State of Kansas.
Effective on: 1/1/1901
Vision clearance area
Vision clearance area means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in this chapter. The third side of a triangle is a line across the corner of the lot joining the ends of the two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings walls, structures, or temporary or permanent obstructions between 3½ feet and seven feet in height measured from the top of the curb. (See illustration in section 74-98.)
Effective on: 1/1/1901
Wholesale sales
Wholesale sales means the sale of goods, merchandise and commodities for resale.
Effective on: 1/1/1901
W
Width, lot. See Lot width.
Effective on: 1/1/1901
Yard
Yard means open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in section 74-94.
Effective on: 1/1/1901
Yard, front
Yard, front, means a yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance from there equal to the depth of the required front yard.
Effective on: 1/1/1901
Yard, rear
Yard, rear, means a yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance from there equal to the depth of the required rear yard. In the case of a corner lot, there shall be no rear yard as defined, and in such case the sides opposite the street sides shall be considered as side yards for setback purposes.
Effective on: 1/1/1901
Yard, side
Yard, side, means a yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance from there equal to the width of the required minimum side yard, but excluding any area encompassed with a front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of this chapter refer to the required width of each side yard rather than to the width of both side yards, unless otherwise specified.
Effective on: 1/1/1901
YMCA, YWCA, boy scouts, girl scouts, camp fire girls, and other similar groups
YMCA, YWCA, boy scouts, girl scouts, camp fire girls, and other similar groups means an association formally organized for a common purpose or interest, and operated not for profit for persons who are bona fide members, and which owns, hires or leases premises, the use of which premises is primarily utilized for the promotion of the common purpose or interest of the association. Food, meals and beverages may be served on such premises; provided, adequate dining rooms space and kitchen facilities are available. No alcoholic beverages may be consumed, served or sold on the premises.
Effective on: 1/1/1901
Zoning administrator
Zoning administrator means the community development director who is charged with the administration and enforcement of the zoning regulations.
Effective on: 1/1/1901
Zoning maps
Zoning maps means the official zoning maps adopted by the city.
(Ord. No. 54, art. 12, § 12-101, 12-4-1958; Ord. No. 1178, 10-25-1993; Ord. No. 1292, § 1, 3-24-1997; Ord. No. 1530, § 2, 1-23-2006; Ord. No. 1614, § 11, 2-23-2009; Ord. No. 1703, § 4(12-201), 7-22-2013; Ord. No. 1743 , § 1, 1-11-2016; Ord. No. 1779 , § 1, 3-12-2018; Ord. No. 1780 , § 1, 4-9-2018)
Effective on: 1/1/1901