For the purpose of this title, certain terms or words used herein shall be interpreted or defined as follows in this chapter:

(a)

Words used in the present tense include the future tense;

(b)

The singular includes the plural;

(c)

Person includes firms, associations, companies, corporations, governmental agencies and any other legal entity as well as an individual;

(d)

Shall is always mandatory;

(e)

Used or occupied, as applied to any land or building, includes the words intended, arranged or designed to be used or occupied.

Accessory building or structure means a subordinate building or structure having a use customarily incidental to and located on the lot occupied by the principal use or building. A building housing an accessory use is considered an integral part of the principal 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 is designed as an integral part of the principal building.

Accessory Living Quarter (ALQs) means a subordinate dwelling unit within a single-family dwelling that provides basic requirements for cooking, living, sleeping, eating and sanitation. ALQs may not be subdivided or otherwise segregated in ownership from the primary dwelling unit.

(Ord. 2027, Sec. III, 2002)

Accessory use means a use of building or land which is customarily incidental to and located on the same lot or premises as the principal building or use of the premises.

Alley means a minor way, dedicated to public use, which is used primarily for vehicular access to the back or the side of properties otherwise abutting on a street.

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

Ambulatory Surgical Center means an establishment with an organized medical staff of one or more physicians; with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; with continuous physician services during surgical procedures and until the patient has recovered from the obvious effects of anesthetic and at all other times with physician services available whenever a patient is in the facility; with continuous registered professional nursing services whenever a patient is in the facility; and which does not provide services or other accommodations for a patient to stay overnight.

Animal Care means a personal service use offering care for domestic animals and pets. For the purposes of the use table and enabling retail uses in zoning districts, use is further refined by scale, intensity, and format to promote compatibility with other uses and development patterns:

• Animal Care - Veterinary Office. A small office (under 5,000 square feet) offering provisional medical care for animals, and where any boarding is only accessory to the medical care and to provide observation or continued medical treatment to animals.

• Animal Care - Pet Daycare and Services. A facility that provides care and non-medical services for pets, including daycare, grooming, and play, but offers no overnight boarding.

• Animal Care - Animal Hospital. A medium or large office (5,000 square feet or more) offering professional medical care for animals, where boarding is only accessory to the medical care and to provide observation or continued medical treatment to animals.

• Animal Care - Boarding (non-accessory/non-medical). A facility that offers overnight boarding for domestic animals and pets, unrelated to any medical care.

Antenna, standard residential television receiving means any array made up of small size metal tubing and supporting members, having horizontal dimensions not exceeding ten feet, and which are commonly installed on or near residential buildings for the purpose of receiving television signals.

Antenna, standard residential radio receiving means an array made up of small size metal tubing and supporting members, having horizontal dimensions not exceeding ten feet, or one or more single wires mounted on masts, buildings, poles, etc., and which is commonly used for receiving radio signals.

Antenna, radio transmitting and receiving means an array or system of wires, tubing and supporting members, mounted on a mast or tower, which antenna is used for transmitting and receiving radio signals including amateur, citizens band and other special frequencies.

Antenna, dish receiving means a circular or similar shape element of metal, plastic or other similar material, used for receiving television signals beamed from a satellite.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.035, which pertained to apartment and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.040, which pertained to apartment building, garden and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.045, which pertained to apartment house and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Assembly means a civic or institutional use designed to serve the community for regular or periodic events, including worship, civic, recreation, or entertainment. For the purposes of the use table and enabling assembly uses in zoning districts, the use is further refined by scale, intensity, and format to promote compatibility with other uses and development patterns:

• Assembly - Small (under 350 people/under 3 acres). A place of public assembly designed and located to serve immediately adjacent uses, and typically designed for fewer than 350 people and typically situated on less than five acres. Examples include a small neighborhood association clubhouse or meeting room, or small religious facility.

• Assembly - Medium (351—700 people/5—10 acres). Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s), and typically designed for between 351—700 people or situated on 5—10 acres. Examples include a neighborhood association recreation center, larger meeting hall, or medium religious facility.

• Assembly - Large (751 people or more/greater than 10 acres). Places of public assembly designed and located to serve community or civic needs of a wide area, and typically designed for 701 or more people or situated in ten or more acres. Examples include a community/recreation center, event venues, or a large religious facility.

Auto wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles or their parts.

Avenue means the standard designation established by the uniform street naming system for named north-south traffic arteries, such as Roe Avenue.

Basement means a lower story, the floor of which lies below the finished exterior grade at the front of the building, the average elevation of said exterior grade being above the middle of the interior height of such story.

Bed and Breakfast means a dwelling used for rental purposes for periods of eight consecutive days or less.

Block means a piece or parcel of land entirely surrounded by streets, streams, parks or a combination thereof. In cases where platting is incomplete or disconnected, the Commission shall determine the outline of the block.

Board means the Prairie Village Board of Zoning Appeals.

Boarding house or Lodging House means a building other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for compensation, pursuant to previous arrangements, but not for the public or transients.

Building means any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattel.

Building coverage means that portion of a lot, which is covered by a structure or structures, excluding the first four feet of projecting roof eaves and excluding open, unenclosed and uncovered decks or other structures 30 inches or less in height.

(Ord. 2392, Sec. 1, 2018)

Detached Building means a building separated by open space from any other building on the same lot.

Building front means the face of a building containing the principal entrance, bearing the address numerals for mail delivery.

Building height means the vertical distance from grade plane to the average height of the highest roof surface.

(Ord. 2026, Sec. II, 2002; Ord. 2187, Sec. II, 2009)

Front building line means a line established, in general, parallel to the front street line between which and the front street line, no part of a building shall project, except as otherwise provided in this title.

Building official means the person or persons authorized or empowered to administer the requirements of the Zoning Regulations.

Principal building means the building housing the main use of the property on which it is situated.

Private club means a building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons, including clubs in connection with multiple family complexes.

Commission means the Prairie Village City Planning Commission.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.130, which pertained to common wall dwelling and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.135, which pertained to condominium dwelling house and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Inner court means a court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

Outer court means an open, unoccupied space, bounded on two or three sides by exterior walls of a building, and on the other side or sides by yards, streets or alleys.

Cul-de-sac means a street having one end open to traffic and being permanently terminated by a traffic turnaround.

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

Day Care Center means a building or place where care, supervision, custody or control is provided for more than six unrelated children or more than two adults for up to 12 hours of any 24-hour day.

(Ord 2208, Sec. II, 2009)

Family Day Care Home means residence or building in which care, supervision, custody or control is provided for six or less unrelated children or not more than two adults for up to 12 hours of any 24-hour day.

(Ord 2208, Sec. II, 2009)

Diameter at breast height or DBH means the diameter in inches of a tree as measured through the main trunk at the point fours and one-half feet above the natural grade level.

(Ord. No. 2446, § I, 3-15-2021, eff. 6-1-2021)

Disability means, with respect to a person:

(a)

A physical or mental impairment which substantially limits one or more of such person's major life activities;

(b)

A record of having such impairment; or

(c)

Being regarded as having such an impairment.

Such term does not include current, illegal use of or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)

Drinking establishment, Bar or Night Club means premises which may be open to the general public, where consumption of alcoholic liquor by the general public is sold and less than 50 percent of the income is generated from the sale of food consumed on the premises.

Drip line means a vertical line running through the outermost portion of the canopy of a tree and extending down to the ground.

(Ord. No. 2446, § I, 3-15-2021, eff. 6-1-2021)

Drive means the standard designation established by the uniform street naming system for diagonal streets, such as Juniper Drive.

Drive-in restaurant means any restaurant where ready-to-eat food or beverages are served to persons in vehicles parked on the premises.

Drive-up or drive-through establishment means any restaurant, financial institution or other enterprise where products, money or other items change hands between a person in a building and a person in a vehicle.

Dump means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Dwelling means a building or portion thereof, designed exclusively for residential occupancy, including one family, two family and multiple dwellings, mixed-use dwellings, and boarding and lodging houses, but not motels, hotels, mobile homes or manufactured homes.

(Ord. No. 2494, § I, 7-1-2024)

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed §§ 19.02.200—19.02.220, and added §§ 19.02.200—19.02.220 as set out herein. Former §§ 19.02.200—19.02.220 pertained to dwelling, dwelling, multiple, dwelling, single-family, dwelling, senior adult, and dwelling, two family and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Apartment means a residential building type designed for multiple dwelling units. Variations of this building type are based on the standards for scale and format, including lot size, building footprint, height, and/or number of dwelling units resulting in small, medium, or large apartment buildings.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Attached house means a small-scale residential building type that includes two to four dwellings that may be joined in a variety of configurations, including combinations of side-by-side, front-back, or up-down configurations. It is distinguished from a townhouse or a small apartment as it maintains the appearance and scale of a single detached house, despite having multiple units, and is distinguished from a duplex as it may have more than two units.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Multiple dwelling means a building or portion thereof, arranged, intended or designed for residential occupancy by three or more families, including attached houses, townhouses, and apartments.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Residential, Mixed-use means a building used for non-residential and residential purposes where the non-residential uses occupy the ground level or street-front portions, and residential uses are located on upper levels above the non-residential, or on lower levels behind the non-residential uses. The buildings have a similar scale and format as attached houses or apartment buildings, other than the portions design for non-residential uses (see Live-Work or Mixed-use Building Types).

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Dwelling, senior adult means a building containing one or more living units which building and units are designed for exclusive occupancy by persons 55 years of age or older who are in generally good health. This type of residence does not contemplate continuous health care services but may include a resident nurse. Units may be in the form of complete apartments and/or may provide common dining and recreational facilities and activities.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Single-family dwelling means a building arranged, intended or designed for residential occupancy by one family; also referred to as a detached house.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Townhouse means a residential building containing more than one dwelling unit with such dwelling units being separated by foundation to roof common walls as opposed to one unit being over another, and each maintaining a private entrance on the building front. This configuration may allow platting and individual ownership of the building and underlying lot.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Two family dwelling means a building arranged, intended or designed for residential occupancy by two families; also referred to as a duplex.

(Ord. No. 2494, § I, 7-1-2024)

Note— See editor's note at § 19.02.200.

Easement means a grant by the property owner to the public, a corporation, or persons of the use of a strip or parcel of land for specific purposes.

Family means one or more persons who are related by blood, marriage, or adoption, living together and occupying a single housekeeping unit; or a group of not more than three, not so related, living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost sharing basis; plus in either case, usual domestic servants and caregivers.

(Ord. 2027, Sec. I, 2002)

Fence means a free standing structure, which is for the purpose of blocking a view or providing privacy; providing aesthetics; preventing intrusion, escape or trespass; or redirecting a person's direction of travel. A fence generally consists of woven fabric, (including chain link), boards, pickets, iron bars or similar materials and posts and columns made of wood, stone, brick, concrete or iron. This definition does not include solid walls as defined by this chapter.

(Ord. 2247, Sec. II, 2011)

Private garage means an accessory building or portion of a main building used for storage of passenger vehicles.

Repair garage means a building or portion thereof, designed or used for the storage, care or repair of motor vehicles, which is operated for commercial purposes.

Storage garage means a building or portion thereof, providing storage for motor vehicles, with facilities for no other service.

A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

(Ord. 2019 Sec. I, 2001; Ord. 2187, Sec. II, 2009)

Established grade means the elevation of the centerline of the streets as officially established by the city.

Finished grade means the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

Gross floor area means the sum of the floor areas of the stories of the building, expressed in square feet measured from the exterior surface of the outside wall to the exterior surface of the outside wall and including all porches, utility rooms, stairways, corridors, storage rooms and other common space.

Group home means any dwelling occupied by not more than ten persons, eight or fewer or whom have a disability, who need not be related by blood or marriage, and not more than two of whom are staff residents, which or specifically otherwise permitted by law is licensed by the state or specifically otherwise permitted by law.

Home occupation means any occupation of a service character, which is clearly secondary to the principle use of the premises as a dwelling place.

Hospital means a building used for the diagnosis, treatment or care of human ailments, unless otherwise specified.

Hotel or motel means a building containing not less than 40 rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied by the traveling public for sleeping purposes and where no cooking facilities are provided in the rooms.

Impervious surface coverage means that portion of the lot, which is covered by a structure, material, or other fixed physical element that does not allow the infiltration of ground water at the same rate of flow under natural conditions as undisturbed property and cannot be planted with landscape materials. Impervious area includes but is not limited to building footprint, driveways, sidewalks, patios, decks, pools and sheds.

(Ord. 2392, Sec. 1, 2018)

Junkyard means a place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled or cleaned, and places or yards for the storage of salvaged materials and equipment, but excluding pawnshops and establishments for the sale, purchase, or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations; salvage yard.

Kansas champion tree means a tree of unique distinction, representing the largest tree of a species, located in the state of Kansas and recognized by the Kansas Forest Service. Such trees may be located on public and/or private property within Prairie Village.

(Ord. No. 2446, § I, 3-15-2021, eff. 6-1-2021)

Lane means the standard designation, established by the uniform street naming system for named local north-south streets occurring between the regularly assigned named streets, such as Granada Lane, west of Granada.

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 incidental 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 title may consist of one or more platted lots, or tract or tracts as conveyed, or parts thereof.

Corner lot means a lot abutting upon two or more streets at their intersection.

Lot coverage shall have the same definition as building coverage, as set forth in section 19.02.087.

(Ord. 2019, Sec. I, 2001; Ord. 2048, Sec. II, 2003; Ord. 2392, Sec. 1, 2018)

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

Interior lot means a lot whose sidelines do not abut upon a street.

Front lot line means the boundary between a lot and the street right-of-way on which it fronts. The front lot line of a corner lot shall be deemed as the least dimension adjacent to a street unless otherwise specified by the Building Official.

Side lot line means any lot boundary line not a front or rear line. A side lot line may be a party lot line, or a line bordering on an alley, street, or highway.

Rear lot line means the boundary line which is opposite to and most distant from the front lot line. In cases of uncertainty, the Building Official shall determine the rear lot line.

Net area of a lot means area of lot, exclusive of street right-of-way.

Through lot means an interior lot having frontages on two non-intersecting streets, as distinguished from a corner lot.

Lot width means the horizontal distance between the sidelines of the lot measured at the front building line.

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

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

Massage therapy business means a business that provides massage therapy as defined in chapter 5.38 of the Municipal Code, for an individual or client by a masseuse/masseur, which business is licensed in accordance with the requirements of chapter 5.38.

Master city plan means the comprehensive plan made and adopted by the city planning commission and city council indicating the general locations recommended for the major arterial traffic routes, streets, parks, public buildings, land use and other public improvements.

Medical or Dental Clinic or Office means an establishment where patients, who are not lodged overnight, and are admitted for examination and treatment by a person or group of persons practicing any form of healing or health building services, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is licensed in the State.

Mobile Home means a transportable structure designed to be used as a year-round residential dwelling, and built prior to the effective date of the federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on June 15, 1976.

Modular Home means a manufactured residential structure built to a nationally-recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.

Nonconformities are of three types, which are defined as follows.

(a)

Nonconforming Lot of Record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the original adoption of zoning and/or subdivision regulations in the city and said lot does not comply with the lot width or area requirements in the district in which it is located;

(b)

Nonconforming Structure. An existing structure which does not comply with the lot coverage, height, area or yard requirements which are applicable to new structures in the zoning district in which it is located;

(c)

Nonconforming Use. An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

Nursing or Convalescent Homes means an institution or agency licensed by the State for the reception, board, care, or treatment of three or more unrelated individuals, but not including group homes or facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Off-Street Parking means an area that is laid out for the purpose of parking motor vehicles of residents, customers, employees or visitors and is not located on public right-of-way. Off-street parking shall be considered as an accessory use to the principal use for which the parking is provided.

Off-street loading space means space located outside of dedicated streets for standing of trucks and for loading and unloading them.

Office means a commercial use focused on employment and engaged in the administrative, technical, or unscheduled on-premise interaction with the public or clients. For the purposes of the use table and enabling retail uses in zoning districts, use is further refined by scale, intensity, and format to promote compatibility with other uses and development patterns:

• Office - Small (under 10,000 square feet). An office use with a building occupying under 10,000 square feet.

• Office - General (10,000—100,000 square feet). An office use with a building or group of buildings between 10,000 and 100,000 square feet.

• Office - Large (greater than 100,000 square feet). An office use with a building or group of buildings over 100,000 square feet.

Paved (driveway), (street), (trafficway) means a wearing surface constructed of solid impervious materials cemented together forming a homogeneous layer over a supporting base. Impervious materials shall include concrete, asphalt, brick and cobblestone.

Pedestrian way means a right-of-way, dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

Personal Service means a use engaged in the business of providing personal or professional services to the public that may include frequent or unscheduled interaction with clients or customers on-premises. Examples include a barbershop or beauty salon, travel agency, fitness center, health care offices, small equipment repair, tailor, bank, or personal financial services. For the purposes of the use table and enabling retail uses in zoning districts, use is further refined by scale, intensity, and format to promote compatibility with other uses and development patterns:

• Personal Service - Small (under 5,000 square feet). A personal service use occupying under 5,000 square feet.

• Personal Service - General (5,000—20,000 square feet). A personal service use occupying 5,000 to 20,000 square feet.

• Personal Service - Large (greater than 20,000 square feet). A personal service use occupying more than 20,000 square feet.

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.

Plat means a map, plan or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.

Retail means a commercial use primarily engaged in the sale, lease, or rental of products to the general public with frequent interaction of patrons or consumers on premises. For the purposes of the use table and enabling retail uses in zoning districts, use is further refined by scale, intensity, and format to promote compatibility with other uses and development patterns:

• Retail—Micro. A retail use under 1,500 square feet.

• Retail—Small. A retail use at least 1,500 but less than 5,000 square feet.

• Retail—General. A retail use at least 5,000 but less than 20,000 square feet.

• Retail—Large. A large-scale retail use at least 20,000 but less than 80,000 square feet.

• Retail —Warehouse. A large-scale retail use at least 80,000 square feet.

• Retail—Drive-through Food and Beverage. A retail use serving food or beverages where a portion of the operations use facilities where food is ordered or delivered to customers in vehicles.

• Retail—Outdoor Sales and Services. A specific retail use where a portion of business is associated with services or merchandise that is displayed, whether seasonally or permanently. Examples include a garden center, machine or equipment yard, or nursery. This does not include accessory outdoor sales and display areas which may be permitted as an accessory use to an otherwise permitted use or may be permitted through a conditional or temporary use permit.

Restaurant means a building wherein food is prepared and served in ready-to-eat form to the public for human consumption, wherein alcoholic beverages may be sold for consumption and more than 50 percent of the income is derived from the sale of food. Restaurant includes, but is not limited to, cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steakhouse.

Service station means any area of land including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, or otherwise cleaning or servicing such motor vehicles. This definition shall not include the washing of motor vehicles by automatic means such as high volume continuous line automated car washes.

Sign means any words, numerals, figures, devices, designs or trademarks by which information is made known, such as are used to identify a building, structure or object, or designate or mention an individual, profession, firm, business, commodity or service.

Story that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

(Ord. 2187, Sec. II, 2009)

Any story having its finish floor surface entirely above grade plane, except that a basement shall be considered a story where the foundation is exposed above grade on the front elevation to any extent not permitted by these standards or authorized exceptions.

(Ord. 2187, Sec. II, 2009; Ord. 2392, Sec. 1, 2018)

Street means a right-of-way, dedicated to public use, which provides the principal route of access to abutting property for vehicular and pedestrian traffic (see also traffic artery). All streets in Prairie Village which are not designated as traffic arteries are local streets also standard designation established by the uniform street naming system for numbered east-west streets.

Street grade means the officially established elevations of a street.

Street Line means the dividing line between the street and the abutting property.

(a)

Arterial Street: A street which provides for through traffic movement between and around areas and across the city with direct access to abutting property; subject to necessary control of entrances, exists and curb uses and is so designated for the comprehensive plan.

(b)

Collector Street: A street, which provides for traffic movement between arterial and local streets, with direct access to abutting property and is so designated in the comprehensive plan.

(c)

Local Street: A street, which provides direct access to abutting land and for local traffic movement, whether in business, industrial or residential areas.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.

Structure means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, including but not limited to advertising signs, billboards, and poster panels; but exclusive of customary fences, boundary or retaining walls, or utility poles.

Subdivider means a person, firm or corporation undertaking the subdivision or resubdividing of a tract or parcel of land.

Temporary political sign means a sign relating to a candidate, political party, ballot issue, or other political issue to be voted upon in any public election, or relating to the expression or communication of constitutionally protected speech, other than commercial speech.

(Ord. 1944, Sec. 1, 1998)

Terrace means the standard designation established by the uniform street naming system for numbered east-west streets located between numbered streets.

Motion picture theater means a building or part of a building devoted to the showing of motion pictures on a paid admission basis.

Outdoor drive-in theater means an open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of motion pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

Editor's note— Ord. No. 2494, § I, adopted July 1, 2024, repealed § 19.02.490, which pertained to townhouse and derived from Prior Code adopted July 17, 1992, eff. December 1, 2019.

Truck includes tractor and trailer trucks, or any motor vehicle, which carries truck license.

Any cabinet, pedestal, box, building or other equipment enclosure used for public utility services, public service corporations, or telecommunications providers including any associated equipment such as condensing units and generators. Traffic signal controllers shall not be considered utility boxes. Utility boxes with a footprint smaller than one and one half square foot, a pad of two square feet or less, and a height of 36 or less are exempt from this definition. Utility racks and open trellis-type structures for mounting equipment are not permitted. All equipment must be placed within a cabinet or enclosed structure that has an acceptable aesthetic design and has break away capability for safety.

All existing utility boxes are nonconforming structures and have all rights granted by chapter 19.40 Nonconformities. Utility boxes are exempt from section 19.40.015(b) Enlargement, Repair and Maintenance and section 19.40.015(c) Damage, Destruction and Demolition, and may be replaced provided that the replacement box is generally the same size as or smaller than the original utility box. This determination will be made by City staff.

(Ord. 2029, Sec. I, 2002; Ord. 2190, Sec. II, 2009)

Variance means variation from a specific provision of this title as applied to a specific piece of property or structure.

A wall which may be constructed of wood, stone, brick, concrete, block or similar materials designed or built to retain soil or other materials from slumping, sliding or falling.

(Ord. 2247, Sec. II, 2011)

A free standing structure, which is for the purpose of blocking a view or providing privacy; providing aesthetics; preventing intrusion, escape or trespass; or redirecting a person's direction of travel. A solid wall generally is constructed of brick, stone, concrete, block or similar materials or materials that are similar in appearance.

(Ord. 2247, Sec. II, 2011)

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 herein. 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 the lot line and the building or structure shall be used. Where lots abut a street that is designated a traffic artery on the thoroughfare plan, all yards abutting said street shall be measured from a line one-half the proposed right-of-way width from the centerline, 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 centerline, or from the lot line, whichever provides the greater setback. Minimum front, side and rear yards are established within each zoning district.

Front Yard means an unoccupied, open space, except as hereinafter provided, between the front street line of the lot and the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended to the side lines of the lot. The minimum depth of the front yard shall be determined by measuring the distance between the point of the wall of the building or the structure nearest the street and the front street line of the lot. The front yard of a corner lot shall be adjacent to that street on which the lot has its least dimension unless otherwise specified by the building official.

If the corner lot consists of all of more than two platted parcels of land each of whose least dimensions is on the same street as the other lots in the block, then the location of the front yard of this lot shall be on the same street as the other lots unless otherwise specified by the building official.

If a corner lot consists entirely of unplatted land or a combination of platted and unplatted land, the front yard shall be on that street on which there fronts the greater number of lots, whether platted or unplatted unless otherwise specified by the building official.

Any question as to the above requirements for a corner lot shall be determined by the building official.

Rear yard means an open space, unoccupied, except as hereinafter provided on the same lot with a building between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and distanced as far as possible therefrom entirely on such lot and not less than ten feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at right angles to the rear line of the lot.

Side yard means an open space, unoccupied, except as hereinafter provided, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard.

Zoning District means a section or sections of the zoning jurisdiction for which uniform regulations governing the use of land, the height, use, area, size, and intensity of use of buildings, land, and open spaces are herein established.