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Overland Park City Zoning Code

18.110 Rules

of Interpretation and Definitions

18.110.010 Rules of Interpretation

For purposes of interpreting this ordinance, the following rules shall apply.

  1. A.
    Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, words used in the singular include the plural, words used in the plural include the singular, words importing the masculine gender include the feminine and neuter, the word ”shall” is mandatory, the word “building” includes the word “structure”, and the term “used for” includes “designed for” or “intended for.”
  2. B.
    Unless specifically provided, in computing any period of time prescribed or allowed by this ordinance, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time proscribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half-holiday shall be considered as other days and not as a holiday. “Legal holiday” includes any day designated as a holiday by the Congress of the United States or by the Kansas legislature. Whenever a notice, petition or other document is required to be filed within a specified time period, the notice, petition or document must be filed with the appropriate city official or in the appropriate City office not later than 5:00 p.m. on the last day of the period as computed above.
  3. C.
    Where this ordinance permits or requires an act on the part of an “owner” or “landowner,” and a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express consent of, all such persons.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.110.020 Definitions

  • A.
    Where a word or term is not defined in this Chapter but is defined elsewhere in this ordinance or in the Code, such definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate.
  • B.
    Where a word or term is defined in this Chapter and also defined elsewhere in this ordinance, the definition contained in this Chapter shall be generally applicable except in the Chapter or Section to which the other definition applies.

    • (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    18.110.175 Development

     

    18.110.492 Property Owner

     

    18.110.510 Base Flood Protection Elevation (Formerly Regulatory Flood Protection Elevation)

    Repealed.

    (History: Ord. ZRR-2812 §14, 2009; ZRR-2450 §14, 2003; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-941; ZRR-889)

    Effective on: 1/1/1901

    Accessory building
    Accessory building means a subordinate building having a use customarily incident to and located on the lot occupied by the main building. A building housing an accessory use is considered to be an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

    (History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Accessory use
    Accessory use means a use of a building or land which serves an incidental function to and is customarily associated with, and located on the same lot or premises as, the main use of the premises.

    (History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Agricultural use
    Agricultural use refers to the use of land where such land is devoted to the production of plants, animals or horticultural products, including but not limited to: forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Agricultural use shall not include use of land for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Alley
    Alley means a minor way, dedicated for public use, which is used primarily for vehicular access to the sides or rear of lots.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Alteration
    Alteration means any addition, removal, extension or change in location of any exterior wall of the main building or accessory building.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Satellite Dish Antenna
    Satellite Dish Antenna shall mean a dish-shaped antenna used to receive signals transmitted from satellites. Large Satellite Dish Antennas are those where the maximum diameter of the dish is greater than 36 inches. Small Satellite Dish Antennas are those where the maximum diameter of the dish is 36 inches or less in diameter.

    (History: Ord. ZRR-3134 §13, 2016; ZRR-2004 § 1, 96)

    Effective on: 1/1/1901

    Apartment
    Apartment means a room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Apartment house
    Apartment house means a building arranged, intended or designed for residence by more than two families.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Arcade
    Arcade shall mean any establishment housing 5 or more video games, pinball games, air hockey, or similar coin-operated amusement apparatus.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1197; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Base flood elevation
    Base flood elevation– see 18.110.505.

    Effective on: 1/1/1901

    Base flood protection elevation
    Base flood protection elevation– see 18.110.510.

    Effective on: 1/1/1901

    Block
    Block means a tract or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Director of Planning and Development Services shall determine the outline of the block.

    (History: Ord. ZRR-2343 §2, 2002; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Best Management Practice or BMP
    Best Management Practice or BMP  mean physical facilities, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which, when properly designed, installed and maintained, will be effective to prevent or reduce the discharge of water or air pollution associated with land disturbance activities regulated by this Ordinance.

    (History: Ord. ZRR-2420 §1, 2003)

    Effective on: 1/1/1901

    Build-to line
    Build-to line means a line, parallel to the respective lot line, and internal to the lot, which defines the required maximum and minimum setback for the entire building façade as specified in the district regulations.

    (History: Ord. ZRR-2343 §3, 2002)

    Effective on: 1/1/1901

    Building permit
    Building permit means an official document or certificate issued by the Director of Planning and Development Services which authorizes any owner or authorized agent to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to install, enlarge, alter, remove, replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by Title 16 of the Overland Park Municipal Code, or to cause any such work to be done. A building permit may also specifically authorize land disturbance and installation of site improvements in lieu of separate site development and land disturbance permits.

    (History: Ord. ZRR-2420 §2, 2003)

    Effective on: 1/1/1901

    Church
    Church means a building for public religious worship, and includes synagogues and temples.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    City
    City means the City of Overland Park, Kansas.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    City Attorney
    City Attorney means the duly appointed City Attorney of the City, or his or her designee.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    City Clerk
    City Clerk means the duly appointed City Clerk of the City, or his or her designee.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    City Council
    City Council means the duly elected or appointed City Council of the City.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    City Engineer
    City Engineer means the duly appointed City Engineer of the City, or his or her designee.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Club
    Club means a Class A or Class B Club. Class A Club means a premises that is owned or leased by a corporation, partnership, business trust or association, and that is operated thereby as a bona fide nonprofit, social, fraternal or war veterans' club as determined by the Director of Alcoholic Beverage Control of the Kansas Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them as provided in K.S.A. 41-2637 (as may be amended). Class B Club means a premises operated for profit by a corporation, partnership, or individual to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment. (See 5.20.055 I-K, and K.S.A. 41-2601 (e) - (g))

    (History: Ord. ZRR-3355; § 1, 2022; Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1447; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Code or O.P.M.C.
    Code or O.P.M.C. means the Overland Park Municipal Code.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Code Administrator
    Code Administrator means the duly appointed Code Administrator of the City, or his or her designee.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Commercial districts
    Commercial districts means districts C-O, CP-O, C-1, CP-1, C-2, CP-2, C-3, CP-3, DFD and MXD.

    (History: Ord. ZRR-3164 §1, 2017; ZRR-2478 §1, 2004; ZRR-2343 §4, 2002; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 6/13/2017

    Community Development Committee
    Community Development Committee means the Community Development Committee of the City Council.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Comprehensive plan
    Comprehensive plan means the current Comprehensive Plan for the City, as adopted in accordance with K.S.A. 12-747​​​​​​​.

    (History: Ord. ZRR-3416 §6, 2023; ​​​​​​​Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Continuing Care Community
    Continuing Care Community means a multi-unit residential project, consisting of one or several buildings designed as a unified development, and providing health related services to its residents such as nursing care or assistance with activities of daily living. Continuing care communities typically provide a range of housing options, as well as common facilities to accommodate resident services such as meals, transportation and social activities. Free-standing buildings containing 4 or fewer dwelling units for independent senior living may be a component of the continuing care community provided they do not comprise more than 25 percent of the total units within the development.

    (History: Ord. ZRR-2650 §1, 2007)

    Effective on: 1/1/1901

    Court
    Court means an open, unoccupied space, other than a yard, bounded on three or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Cul-de-sac
    Cul-de-sac means a street having only one end open to traffic with the other end permanently terminated by a vehicular turnaround.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Curb Level
    Curb Level means the mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street, where the mean curb level is the highest.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Customary passenger car
    Customary passenger car means a motor vehicle with motive power designed for carrying 10 passengers or fewer, including vans, but excluding trailers and vehicles constructed on a truck chassis with a gross weight of more than 6,000 pounds.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Day care
    Day care means the provision of supervision, training, food, lodging or medical services to persons for less than 24 hours a day.

    Effective on: 1/1/1901

    Child care center
    Child care center means a facility which provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening, and nighttime care; or which provides before and after school care for school-age children. A facility may have fewer than 13 children and be licensed as a center if the program and building meet child care center regulations set out in K.S.A. Chapter 65 and K.A.R. Chapter 28.

    Effective on: 1/1/1901

    Day care home
    Day care home means a structure designed and used as a one or two-family dwelling where day care is provided for a maximum of twelve (12) children, which is regulated under K.S.A. Chapter 65 and K.A.R. Chapter 28.

    Effective on: 1/1/1901

    Mother's Day Out
    Mother's Day Out means a day care program operating more than five (5) consecutive hours or more than one day per week and in which any one child is enrolled for not more than one session per week.

    Effective on: 1/1/1901

    Preschool
    Preschool means a day care facility providing educational experiences and operating in compliance with the definitions and regulations of the State of Kansas.

    (History: Ord. ZRR-2903 §1, 2011; ZRR-1725; ZRR-1693; ZRR-1661; ZRR-1637; ZRR-1237; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Department Store
    Department Store means a retail establishment with at least 80,000 square feet of gross floor area and offering a wide variety of merchandise and services, usually organized in separate departments.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Detached
    Detached means that a building does not have a wall, roof or other structure member in common with or in contact with another building.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Developer
    Developer means a person who engages in development of real estate, whether or not that person is the landowner.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Development
    Development means a grouping of buildings or building sites that are planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the City.

    (History: Ord. No. ZRR-3300 §23, 2020; Ord. ZRR-2812 §14, 2009; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-941; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Director of Planning and Development Services or Director
    Director of Planning and Development Services or Director means the duly appointed Director of Planning and Development Services of the City (​​​​​​​or designee)​​​​​​​.

    (History: Ord. ZRR-3416 §7, 2023; ​​​​​​​Ord. ZRR-2343 §5, 2002; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Display or catalog showroom
    Display or catalog showroom means an establishment for the sale of merchandise exclusively from a display or catalog and where no exchange of merchandise takes place at the time of sale.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Downtown Districts (Repealed)
    Repealed.

    (History: Ord. ZRR-3164 §6, 2017; ZRR-2343 §6, 2002)

    Effective on: 6/13/2017

    Drainageway
    Drainageway means a man-made or natural conveyance that transports stormwater overland which is frequently referred to as a channel, swale, ditch, gully, stream, or watercourse. The drainageway includes all land inundated during the 1% design storm.

    (History: Ord. ZRR-2564 §1, 2005)

    Effective on: 1/1/1901

    Drinking establishment
    Drinking establishment means a premises that may be open to the general public, where alcoholic liquor and cereal malt beverage by the individual drink is served. (See license requirements in 5.20.055 N and K.S.A. 41-2601(h), each as may be amended.

    (History: Ord. ZRR-3355 §2, 2022; Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Drive
    Drive means a right-of-way which affords principal means of vehicular access to or through a lot or tract of land and which is owned and maintained by the landowner.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Drive-in service
    Drive-in service means the service of food or other goods, services or entertainment where patrons remain in their motor vehicles which are parked in spaces provided on the premises for that purpose.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1148; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Drive-through service
    Drive-through service means service where patrons are served through a window or other device while remaining in their motor vehicles and where products served to patrons are normally not consumed on the premises.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1148; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Dwelling
    Dwelling means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multi-family dwellings, but not including hotels or motels.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Dwelling, multi-family
    Dwelling, multi-family means a building, or portion thereof, arranged, intended or designed for occupancy by 3 or more families, and commonly referred to as a triplex, fourplex, townhouse or apartment building. The term “multi-family dwelling” may also include residential projects designed for older adults but which do not provide the health related services of a continuing care community.

    (History: Ord. ZRR-2650 §2, 2007; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Dwelling, One-family
    Dwelling, One-family means a building arranged, intended or designed for occupancy by one family, but excluding manufactured homes or mobile homes.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Dwelling, two-family
    Dwelling, two-family means a building arranged, intended or designed for occupancy by 2 families, commonly referred to as a duplex.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Dwelling unit
    Dwelling unit means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Easement
    Easement means a permanent or temporary grant of right by a landowner to the public, a corporation or other persons, of the use of a portion of a lot or tract of land for specified purposes where title to said portion of the lot or tract of land remains with the landowner.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Family
    Family means any of the following:

    1. 1.
      A group of not more than four (4) related or unrelated persons of any age living together by joint agreement and occupying a single housekeeping unit with common kitchen facilities, or a mixed group of related and non-related persons of any age who together constitute no more than a cumulative total of four (4) persons living together by joint agreement and occupying a single housekeeping unit with common kitchen facilities.
    2. 2.
      A group of any size and age consisting entirely of an immediate family. For the purpose of this section an “immediate family” shall be a group consisting of only a spouse, parent, child, grandchild, grandparent, brother or sister, all related by marriage or consanguinity, and all of who can provide documentation of such relationship within a reasonable time upon request by the appropriate enforcement officers of the City. Ten (10) calendar days shall constitute a reasonable period of time unless the occupants can establish the necessity of an extension of time to obtain such documentation from the authorized sources, and any request for an extension of time to the City must be submitted in writing prior to the expiration of the ten day response time, and must be accompanied by names, dates and location of the births or marriages sought to be documented.
    3. 3.
      A group of not more than seven (7) persons who are 18 years of age or older who are related by marriage or consanguinity, all living together and occupying a single housekeeping unit with common kitchen facilities, and all of who can provide documentation of such relationship within a reasonable time upon request by the appropriate enforcement officers of the City, as provided in subsection (2) above.
    4. 4.
      In any civil or criminal prosecution for violation of the permitted occupancy of a single-family dwelling, a court may, where appropriate, infer from the evidence presented in that prosecution, including, without being limited to, evidence that more than four (4) persons age 18 or older are occupying a single family dwelling, that such occupancy constitutes an occupancy in violation of the Municipal Code.

    (History: Ord. ZRR-2281 §1, 2001; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Fence
    Fence means a freestanding structure intended to provide privacy, prevent escape or intrusion or to redirect a person's direction of travel. A fence may be constructed of posts, wire, boards, stone or any standard building materials. Fence sections 16 feet or less in cumulative horizontal lengths, 4 feet or less in height and unattached to a fence shall be considered a landscape element and not a fence.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1409; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Floodplain or 100-year floodplain
    Floodplain or 100-year floodplain is defined in Section 18.360.410.

    (History: Ord. ZRR-2812 §1, 2009; ZRR-2450 §11, 2003; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1432; ZRR-941; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Floodway
    Floodway is defined in Section 18.360.410.

    (History: Ord. ZRR-2812 §2, 2009; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Flood Fringe
    Flood Fringe is defined in Section 18.360.410.

    (History: Ord. ZRR-2812 §3, 2009; ZRR-2450 §12, 2003; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Floor Area
    Floor Area means the area of a building, or a portion of a building, measured in square feet.

    Effective on: 1/1/1901

    Gross floor area or total floor area
    Gross floor area or total floor area means the sum of the gross horizontal areas of the several stories of the building, including accessory buildings, measured from the exterior faces of the exterior walls or from the center line of party walls, and including garages, porches, utility rooms, stairways, recreation rooms and storage rooms, but excluding unenclosed balconies and patios.

    Effective on: 1/1/1901

    Ground floor area
    Ground floor area means the gross floor area of the building at grade, also known as the building's footprint.

    (History: Ord. ZRR-3416 §8, 2023; Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Future Development Plan
    Future Development Plan means the map portion of the Comprehensive​​​​​​​ Plan which is the graphic representation of the City's land use goals, subgoals, and strategies as developed and identified in the Plan Implementation section of the ​​​​​​​Comprehensive​​​​​​​ Plan.

    (History: Ord. ZRR-3416 §9, 2023; ​​​​​​​Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Garage
    Garage means an accessory building or portion of a main building primarily used for storage of motor vehicles.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Garden apartment building
    Garden apartment building means an apartment building located on a lot either singly or together with other similar apartment buildings, such buildings generally being one or two stories in height and having grounds completely landscaped.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Governing Body
    Governing Body means the Mayor and City Council of the City.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Ground cover
    Ground cover means landscape materials, or living low-growing plants other than turf grass, installed in such a manner so as to form a continuous cover over the ground surface.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Gross land area
    Gross land area means all land contained within the boundaries of a particular lot or tract of legally-described property, including all existing and proposed public and private streets and one-half of any abutting street rights-of-way, excluding state and federal street rights-of-way.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Group boarding home for adults
    Group boarding home for adults means a residential dwelling unit for 5 or more persons, 18 years of age or over, not constituting a “family” as defined at Section 18.110.240; provided, however, that this definition shall not include an existing or proposed use of a residential dwelling unit which also meets the definition of “group home” as defined in K.S.A. 12-736 and any amendments thereto and is otherwise in full compliance with that section of Kansas statutes. Such latter use shall be considered to be a single-family residential use and shall not be considered to be a “group boarding home for adults” for the purposes of this Unified Development Ordinance.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Group boarding home for minors
    Group boarding home for minors means a residential dwelling unit for 5 or more persons under 18 years of age who do not constitute a “family” as defined at Section 18.110.240, who for various reasons cannot reside in their natural home and where 24-hour adult care, supervision and consultation exists under license of the Kansas Secretary of Health and Environment or the Secretary of Social and Rehabilitation Services; provided, however, that this definition shall not include an existing or proposed use of a residential dwelling unit which also meets the definition of “group home” as defined in K.S.A. 12-736 and any amendments thereto and is otherwise in full compliance with that section of the Kansas statutes. Such latter use shall be considered to be a single-family residential use and shall not be considered to be a “group boarding home for minors” for the purposes of the Unified Development Ordinance.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Height of a building or structure
    Height of a building or structure means the vertical distance from the average ground level abutting a building or structure to the highest point of a building or highest point of any permanent part of a structure other than a building; except that for a single-family, two-family, or multi-family residence, the distance shall be from the average ground level at the front of the residence to the highest point of a flat roof, the deck line of a mansard roof, or the average height between the plate and ridge of a gable, hip, shed or gambrel roof. Height, where not regulated in feet, shall be regulated by stories, and a story shall be equal to 12 feet for purposes of measuring structures.

    (History: Ord. ZRR-2134 §1, 98; ZRR-1925 §1,95; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Highway
    Highway means a thoroughfare controlled and maintained by the Kansas Department of Transportation.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Home occupation
    Home occupation means an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered, as an economic enterprise. Such use shall be clearly incidental or subordinate to the residential use of a dwelling.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Industrial Districts
    Industrial Districts means districts BP, M-1, MP-1, M-2 and MP-2.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Infill Development
    Infill Development shall mean development on a vacant or substantially vacant tract of land surrounded by existing development except that tracts of land larger than ten (10) acres shall not be considered infill development.

    (History: Ord. ZRR-2848 §1, 2010)

    Effective on: 1/1/1901

    Junior department store
    Junior department store means a retail establishment with less than 80,000 square feet of gross floor area and offering a wide variety of merchandise and services, usually organized in separate departments.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Kennel
    Kennel means a commercial operation that (i) provides food, shelter and care for more than 4 animals of 6 months of age or older for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) regularly engages in the breeding of animals for sale.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Land disturbance
    Land disturbance means any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.

    (History: Ord. ZRR-2420 §3, 2003)

    Effective on: 1/1/1901

    Land disturbance permit
    Land disturbance permit means an official document or certificate issued by the Director of Planning and Development Services authorizing land disturbance. A land disturbance permit may only be issued to the property owner.

    (History: Ord. ZRR-2420 §4, 2003)

    Effective on: 1/1/1901

    Landowner
    Landowner means the legal or beneficial owner or owners of a lot or tract. The holder of a contract to purchase or other person having an enforceable proprietary interest in a lot or tract shall be deemed a landowner.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Landscape material
    Landscape material means such living materials as trees, shrubs, ground cover, vines, turf grasses, and non-living materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Landscaped open space
    Landscaped open space means that part of the gross land area in open space which is free of streets, structures, or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1427; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Landscaped Open Space Ratio
    Landscaped Open Space Ratio means the numerical ratio between the landscaped open space and the gross land area of a site.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Landscaped setback
    Landscaped setback means the area between the street right-of-way (in the case of a public street) or the curb line (in the case of a private street) and the building setback line.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Landscaping
    Landscaping means the bringing of the soil surface to a smooth finished grade and installing of sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Lot
    Lot means a parcel of land occupied, or to be occupied, by one main building or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a public street. A lot as used in this ordinance may consist of one or more platted lots or tracts, or parts thereof.

    Effective on: 1/1/1901

    Platted lot
    Platted lot means a portion of a subdivision intended as a unit for transfer of ownership or for development.

    Effective on: 1/1/1901

    Corner lot
    Corner lot means a lot abutting upon 2 or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Director of Planning and Development Services, except that a lot made up of more than one platted lot shall be deemed to front on the street upon which the platted lots front.

    Effective on: 1/1/1901

    Double-frontage lot
    Double-frontage lot means a lot abutting upon 2 or more streets, at least 2 of which do not intersect.

    Effective on: 1/1/1901

    Interior lot
    Interior lot means a lot whose side lot lines do not abut upon any street.

    Effective on: 1/1/1901

    Through lot
    Through lot means an interior, double-frontage lot.

    (History: Ord. ZRR-2343 §7, 2002; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Lot coverage
    Lot coverage means that portion of the net site area which is covered by the ground floor of any structure, parking lots, and private streets and drives. Pools, tennis courts, sidewalks and plazas are not counted toward lot coverage.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-1427; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Lot depth
    Lot depth means the mean horizontal distance from the front lot line to the rear lot line.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Lot line
    Lot line means the boundary line of a lot.

    Effective on: 1/1/1901

    Front lot line
    Front lot line means that lot line abutting a street or private drive. In the case of a corner lot where there are two lot lines abutting intersecting streets, the front lot line shall normally be the one with the shortest length. In the case of a through lot, the front lot line shall be the one adjacent to the street which provides primary access to the lot or towards which the main building on the lot is oriented.

    Effective on: 1/1/1901

    Side lot line
    Side lot line means any lot line which intersects the front lot line. A side lot line shall include any linked line segments or arcs which have a bearing which is within 45 degrees of a line drawn perpendicular to the front lot line.

    Effective on: 1/1/1901

    Rear lot line
    Rear lot line means any lot line which is not a front lot line or a side lot line.

    Where the application of the rules is ambiguous or where the property owner requests an alternative designation, the Director of Planning and Development Services may specifically designate the various lot lines for a particular lot.

    (History: Ord. ZRR-2343 §8, 2002; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Lot width
    Lot width means the horizontal distance between the side lot lines, measured at the front setback line or the front platted building line, whichever is greater.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Main building or main structure
    Main building or main structure means the primary building or structure on a lot or a building or a structure that houses a principal use.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Manufactured home
    Manufactured home means a structure which is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. Section 5403.

    Effective on: 1/1/1901

    Residential-design manufactured home
    Residential-design manufactured home means a manufactured home on a permanent foundation which has (A) minimum dimensions of 22 body feet in width, (B) a pitched roof and (C) siding and roofing materials which are customarily used on site-built homes.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Mobile home
    Mobile home means a transportable, factory-built structure, designed to be used as a year-round residential dwelling, built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Mobile home park
    Mobile home park means a tract of land meeting the requirements of this ordinance containing suitable drives, utilities and other supporting elements, and devoted to the sole purpose of accommodating mobile homes or manufactured homes on a permanent or a semi-permanent basis.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Mobile home space
    Mobile home space means that area of land within a mobile home park set aside for use as a site for one mobile home or manufactured home, including the open spaces around said home.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Native grasses
    Native grasses means those species of perennial grass other than those designated as noxious weeds by the Kansas Department of Agriculture and Entomology.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Net site area
    Net site area means the land area of a lot or tract remaining after subtraction of all public street and alley rights-of-way as are required by this ordinance.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Nonconforming situation
    Nonconforming situation means a situation that occurs when, on the effective date of this ordinance, an existing lot, structure or improvement, or the use of an existing lot, structure or improvement no longer conforms to one or more of the regulations applicable to the zoning district in which the lot, structure or improvement is located.

    Effective on: 1/1/1901

    Nonconforming dimension
    Nonconforming dimension means a nonconforming situation that occurs when the height, size or minimum floor area of a structure or the relationship between an existing building or buildings and the other buildings or lot lines does not conform to the regulations applicable to the zoning district in which the property is located.

    Effective on: 1/1/1901

    Nonconforming lot
    Nonconforming lot means a lot existing on the effective date of this ordinance (and not created for purposes of evading the restrictions of this ordinance) that does not meet the minimum area requirement of the zoning district in which the lot is located.

    Effective on: 1/1/1901

    Nonconforming project
    Nonconforming project means any structure, development or undertaking that is incomplete on the effective date of this ordinance and would be inconsistent with one or more of the regulations applicable to the zoning district in which it is located if completed as proposed or planned.

    Effective on: 1/1/1901

    Nonconforming site improvement
    Nonconforming site improvement means a nonconforming situation that occurs when, on the effective date of this ordinance, an existing site improvement on a lot, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, no longer conforms to one or more of the regulations of this ordinance applicable to the property.

    Effective on: 1/1/1901

    Nonconforming use
    Nonconforming use means a nonconforming situation that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or development and performance standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property. For purposes of these definitions, the “effective date of this ordinance” shall be deemed to include the effective date of any amendments to this ordinance if the amendment, rather than this ordinance as originally adopted, creates a nonconforming situation.

    (for nonconforming signs see 18.440.160)

    (History: Ord. No. ZRR-3300 §24, 2020; Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Official Street Map
    Official Street Map means the current official map adopted by the Governing Body pursuant to K.S.A. 12-765.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Official Zoning Map
    Official Zoning Map means the zoning map adopted by the City pursuant to K.S.A. 12-753.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    100-year frequency flood
    100-year frequency flood is defined in Section 18.360.410.

    (History: Ord. ZRR-2812 §4, 2009; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02; ZRR-832)

    Effective on: 1/1/1901

    Open space
    Open space means the total horizontal area of uncovered open space plus one-half of the total horizontal area of covered open space subject to the limitations set forth below.

    Effective on: 1/1/1901

    Uncovered open space
    Uncovered open space means the total gross land area not covered by buildings plus open exterior balconies and roof areas improved as recreation space.

    Effective on: 1/1/1901

    Covered open space
    Covered open space means the usable open space closed to the sky but having two unobstructed open or partially open sides. “Partially open” is to be construed as fifty percent or more open. Examples of covered open space are covered balconies, carports, roofed porches, covered portions of improved roof areas, or spaces under buildings supported on columns or posts, or cantilevered. The number of square feet countable as open space shall not exceed the number of square feet of the open sides.

    Effective on: 1/1/1901

    Open Space Lands
    Open Space Lands means that portion of a tract of land zoned RP-OE or RP-OS that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Open space lands may or may not be accessible to the residents of the development and the general public.

    (History: Ord. ZRR-2345 §1, 2002; ZRR-1725; ZRR-1662; ZRR-1637)

    Effective on: 1/1/1901

    Open space ratio
    Open space ratio means the numerical ratio between the open space of the site and the gross land area of the site.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Ordinance
    Ordinance means the Unified Development Ordinance.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Overlay district
    Overlay district means a district which acts in conjunction with the underlying zoning district or districts.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Planned zoning district
    Planned zoning district means the zoning of a lot or tract to permit that development as specifically depicted on plans approved in the process of zoning that lot or tract.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Platted
    Platted means real property which is subject of a final plat recorded with the Register of Deeds.

    Effective on: 1/1/1901

    Final plat
    Final plat means a drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of property and prepared for permanent record.

    Effective on: 1/1/1901

    Preliminary plat
    Preliminary plat means a drawing showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Play equipment
    Play equipment means equipment or apparatus primarily intended for use by children for recreational purposes, including but not limited to basketball goals, swingsets, jungle gyms and slides, but not including bicycle or skateboard ramps.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Property Owner
    Property Owner means the named property owner(s) as indicated by the records of the Johnson County Register of Deeds or Appraiser’s Office. May also be referred to as owner or landowner. To the extent applicable, the term may include the Property Owner’s designated agent authorized to act on behalf of the Property Owner.

    (History: Ord. No. ZRR-3300 §25, 2020)

     

    Effective on: 1/1/1901

    Recreational vehicle
    Recreational vehicle means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle, and which has a body width not exceeding 8 feet and a body length not exceeding 40 feet; provided, however, that such term shall not include a unit which has no electrical system which operates above 12 volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by K.S.A. 75-1212 et seq.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Recycling collection point
    Recycling collection point means an accessory use or structure that serves as a drop-off point for recyclable materials. The temporary storage of such items would be permitted, but no processing would be allowed.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Redevelopment
    Redevelopment shall mean development on a tract of land that has been previously developed in accordance with a development plan, either under City or County zoning codes or where all or most of the existing structures and/or site improvements built under that plan are proposed to be razed and a new structure or structures or other site improvements are proposed to be constructed in accordance with an approved development plan or plat.

    (History: Ord. ZRR-2848 §2, 2010)

    Effective on: 1/1/1901

    Base flood elevation
    Base flood elevation is defined in Section 18.360.410.

    (History: Ord. ZRR-2812 §5, 2009; Ord. ZRR-2450 §13, 2003; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-941; ZRR-889)

    Effective on: 1/1/1901

    Residential districts
    Residential districts means districts DND, RE, RP-OE, RP-OS, R-1, RP-1, R-1A, RP-1A, RP-1N, R-2, RP-2, R-3, RP-3, RP-4, R-5, RP-5, R-6, RP-6, PRN, former District R-4, and Oxford Township Districts RR, R-1A, R-1B, R-2, R-3 and R-4 (per the March, 1982 Zoning and Subdivision Regulations for Oxford Township).

    (History: Ord. ZRR-2590 §1, 2005; ZRR-2507 §1, 2004; ZRR-2343 §9, 2002; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Residentially zoned property
    Residentially zoned property means property zoned for any residential district.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Restaurant
    Restaurant (also referred to as Food Establishment or Food Service Establishment) means any place wherein food is prepared and served or offered for sale or service on the premises or elsewhere in ready-to-eat form to the public for human consumption. "Restaurant” includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house, but does not include roadside or farmers markets that offer only fresh fruits, nuts and vegetables for sale. (See K.S.A. 65-656(v).) If a restaurant is also licensed as a "drinking establishment" or as a "club," it must also meet all city code provisions applicable to drinking establishments or clubs.

    (History: Ord. ZRR-3355 §3, 2022; Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Retail sales of alcoholic liquor or cereal malt beverages
    Retail sales of alcoholic liquor or cereal malt beverages means the sale of alcoholic liquor or cereal malt beverages in the unopened package for consumption off the premises by a retailer licensed by the State and the City. See license requirements for cereal malt beverages in 5.12, and license requirements for alcoholic liquor in 5.48) 

    (History: Ord. ZRR-3355 §3, 2022; Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Rezoning
    Rezoning means an application for amendment of the zoning district classification applicable to one or more specific lots or tracts.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Rule exception
    Rule exception means the allowing of a subdivision to deviate from one or more specific standards and requirements of these rules and regulations.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Setback line
    Setback line means a line, parallel to the respective lot line and internal to the lot, which defines the required building setback as specified in the district regulations.

    Effective on: 1/1/1901

    Front setback line
    Front setback line shall be parallel to the front lot line and shall extend from side lot line to side lot line.

    Effective on: 1/1/1901

    Rear setback line
    Rear setback line shall be parallel to all rear lot lines and shall extend from side lot line to side lot line. If there is no rear lot line, there shall be no rear setback line.

    Effective on: 1/1/1901

    Side setback lines
    Side setback lines are parallel to any side lot line and extend from the front setback line to the rear setback line or another side setback line.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Shopping center
    Shopping center means a group of commercial establishments planned, developed, owned or managed as a unit, related in size (gross floor area) and type of shops to the trade area that the unit serves, and with off-street parking provided on the property.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Shrub
    Shrub means any self-supporting, woody plant of a species which normally grows to an overall height of less than 15 feet in this region.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Site development permit
    Site development permit means an official document or certificate issued by the Director of Planning and Development Services authorizing installation of site improvements, including but not limited to, pavement, curbs, sidewalks, stormwater facilities, retaining walls and bank stabilization, and work related to such construction, including but not limited to clearing, grading, and grubbing.

    (History: Ord. ZRR-2420 §5, 2003)

    Effective on: 1/1/1901

    Stable
    Stable means a structure or premises for the keeping of horses, ponies or mules.

    Effective on: 1/1/1901

    Private stable
    Private stable means a stable for horses, ponies or mules which are owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

    Effective on: 1/1/1901

    Public stable
    Public stable means a stable other than a private stable or riding stable.

    Effective on: 1/1/1901

    Riding stable
    Riding stable means a stable in which horses, ponies or mules used exclusively for pleasure riding or driving are housed, boarded or kept for remuneration, hire or sale.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Storage or stored
    Storage or stored shall mean 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.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-935; ZRR-889)

    Effective on: 1/1/1901

    Story
    Story means that part of a building included between the surface of one floor and the surface of the floor above or, if there is no floor above, that part of the building which is between the surface of the floor and the ceiling next above. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half-story when between 50 and 75 percent of the area of its exterior walls are exposed to outside light and air entirely above grade in which exterior walls contain windows or doors permitting the entrance of daylight and outside air. When less than 50 percent of the area of the walls of the first story is exposed to outside light and air entirely above grade, that story shall be classed as a basement and in the case of multiple-family dwellings may not be occupied as a residence by other than a caretaker or manager.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Street
    Street means a right-of-way which affords principal means of vehicular access to property abutting thereon.

    Effective on: 1/1/1901

    Private street
    Private street means a right-of-way which affords principal access to property abutting thereon, which right-of-way is owned, controlled and maintained by persons other than the public.

    Effective on: 1/1/1901

    Public street
    Public street means a right of way which affords the principal means of vehicular access to property abutting thereon which right-of-way has been dedicated to the public for such use.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Street line
    Street line means the dividing line between the street right-of-way and the abutting property.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Structural alteration
    Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Utility Structure
    Utility Structure means any cabinet, pedestal, box, building or other structure used for public utility services, public service corporations, or telecommunications providers including any associated equipment such as condensing units and generators. Towers, poles and traffic signal controllers shall not be considered utility structures. Facilities with a footprint smaller than two square feet, or underground facilities that extend no more than six inches above grade are exempt from this definition.

    (History: Ord. ZRR-3023 §1, 2013; ZRR-2262 §1, 2001; ZRR-1725; ZRR-1661; ZRR-1637; ZRR-941; ZRR-889)

    Effective on: 1/1/1901

    Subdivider
    Subdivider means a person, firm or corporation undertaking the subdividing of land.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Subdivision or subdivision of land, (verb)
    Subdivision or subdivision of land, (noun) means a tract of land which has been zoned and (preliminary or final) platted to be divided into two or more lots, tracts, parcels or other divisions of land for sale or development. (Often used for the purpose of constructing residences or commercial lots which will be sold individually.)

    Subdivision or subdivision of land, (verb) except for “lot-split” as defined below, means the division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts or parcels where any such division results in one or more lots, plots, sites, tracts or parcels. The meaning of this term, except for ”lot split” as defined below, shall include the resubdivision of land that has already been platted and the creation of new streets, alleys or other public ways by dedication. This term shall not include the vacation of public rights-of-way or easements, or the dedication of additional rights-of-way in conjunction with an existing street.

    Effective on: 1/1/1901

    Lot-Split
    Lot-Split means the division of a lot into two or more lots or portions thereof.

    (History: Ord. No. ZRR-3300 §26, 2020; Ord. ZRR-3039 §1, 2014; ZRR-1893 §1, 94; ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Tract
    Tract means a single unit of real property under one ownership, which may be platted or unplatted.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Trailer
    Trailer means a vehicle other than a mobile home or manufactured home, equipped with wheels and normally towed over the road behind a motor vehicle.

    Effective on: 1/1/1901

    Advertising trailer
    Advertising trailer means a trailer carrying, or having attached thereto a sign, billboard, or other media for advertising purposes, such advertising being the prime purpose and use of the trailer.

    Effective on: 1/1/1901

    Hauling trailer
    Hauling trailer means a trailer designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Tree
    Tree means any self-supporting, woody plant of a species which normally grows to an overall minimum height of 15 feet in this region.

    Effective on: 1/1/1901

    Deciduous trees
    Deciduous trees mean those trees which shed their leaves annually, such as ash, sycamore and willow.

    Effective on: 1/1/1901

    Evergreen trees
    Evergreen trees mean those trees which do not shed their leaves annually, such as pine, spruce and juniper.

    Effective on: 1/1/1901

    Small trees
    Small trees mean trees 30 feet or less in height at maturity, including ornamental flowering trees and “patio” trees.

    Effective on: 1/1/1901

    Medium trees
    Medium trees mean trees 30 to 70 feet in height at maturity.

    Effective on: 1/1/1901

    Large trees
    Large trees mean those species of trees that reach a height of 70 feet or taller at maturity. The American Standard for Nursery Stock, as published by the American Association of Nurseryman and incorporated by reference herein, shall be referred to in determining the applicability of the above definitions.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Unified Development Ordinance
    Unified Development Ordinance means Ordinance No. ZZR-1637, and amendments thereto.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

    Effective on: 1/1/1901

    Utility structure
    Utility structure– see 18.110.615.

    Effective on: 1/1/1901

    Variance
    Variance means a variation from a specific requirement in this ordinance applicable to a specific piece of property.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901

    Wind Turbine
    Wind Turbine means any machine designed for the purpose of converting wind energy into electrical energy. Wind turbine shall include all parts of the system, including the tower and turbine composed of the blades and rotor.

    Effective on: 1/1/1901

    Horizontal-axis wind turbine
    Horizontal-axis wind turbine means the main rotor shaft of the turbine is oriented horizontally. This type of turbine must be pointed into the wind.

    Effective on: 1/1/1901

    Meteorological tower
    Meteorological tower means a tower separate from a wind turbine designed to support the gathering of wind energy resource data. A meteorological tower shall include the tower, anemometers, wind direction vanes, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics at a given location.

    Effective on: 1/1/1901

    Roof-mounted wind turbine
    Roof-mounted wind turbine means a turbine system mounted to the roof of a building.

    Effective on: 1/1/1901

    Vertical-axis wind turbine
    Vertical-axis wind turbine means the main rotor shaft of the turbine is arranged vertically and does not have to be pointed into the wind.

    (History: Ord. ZRR-2836 §1, 2010)

    Effective on: 1/1/1901

    Yard
    Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and the building shall be used. Where lots abut a street that is designated a thoroughfare street on the

    Official Street Map, all yards abutting the street shall be measured from a line one-half the proposed right-of-way width from the center line or from the lot line, whichever provides the greater setback. On other lots, all yards abutting a street shall be measured from a line 25 feet from the center line, or from the lot line, whichever provides the greater setback.

    Effective on: 1/1/1901

    Front yard
    Front yard means a yard across the full width of the lot extending from the front line of the main building to the front lot line.

    Effective on: 1/1/1901

    Rear yard
    Rear yard means the yard between the rear lot line and the rear line of the main building and the side lot lines.

    Effective on: 1/1/1901

    Side yard
    Side yard means a yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.

    Effective on: 1/1/1901

    Required yard
    Required yard means that portion of any yard constituting the minimum area required in any zoning district, but excluding that portion of the yard in excess of the minimum required area.

    Effective on: 1/1/1901

    Yard setback or building setback
    Yard setback or building setback means that area between a lot line and the respective setback line which shall remain unobstructed by buildings or structures from the ground to the sky, except as may be specifically permitted by other provisions of the zoning ordinance.

    (History: Ord. ZRR-1725; ZRR-1661; ZRR-1637; ZRR-889 §18.02)

    Effective on: 1/1/1901