For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows unless the context clearly indicates otherwise:

(a)

Accessory use or building is a subordinate use or building or a portion of the main building, customarily incidental to and located on the same lot with the main use or building.

(b)

After Hours Business means any business open during any time between the hours of 2:00) a.m. to 6:00 a.m. any day of the week and where patrons are allowed to bring their own beer and wine onto the business premises.

(c)

Alteration as applied to a building or structure is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.

(d)

Antenna. See Section 16-1102.

(e)

Apartment building or apartment house means a building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building. Said buildings have dwelling units that are both vertically and horizontally attached to one another. (See "Multiple-family dwelling.")

(f)

Assisted living residential facility means a building consisting of individual dwelling units where meals and assistance for daily living activities are provided to the residents, who are primarily elderly persons. Such facility must be licensed by the State of Kansas.

(g)

Automobile sales and storage lot means an open, off-street area where two or more new and/or used operable motor vehicles are stored or offered or displayed for sale or advertising purposes. No motor vehicle may be sold or stored in any location other than an automobile sales and storage lot.

(h)

Automobile service center means any building or premises where at least 50 of the business is derived from retail sales of auto parts and accessories. Major work, including (but not limited to) engine and transmission overhauls and/or changes, shall not be permitted.

(i)

Bar means any establishment devoted primarily to the selling, serving or dispensing and drinking of malt, vinous, or other alcoholic beverage by 50 percent or more of total gross sales, and where such beverages are consumed on the premises. (This definition includes and may also be referred to as a "Cocktail Lounge," "Tavern," or "Saloon.")

(j)

Basement is a story having part but not less than one-half of its height below grade.

(k)

Bed and breakfast inn means an owner-occupied dwelling unit that contains no more than five guest rooms where lodging, with or without meals, is provided for compensation. For establishments to be considered a bed and breakfast inn, versus an extended stay hotel, apartment hotel, or apartment house or building, all rooms must be available for rent for as little as one night and no more than 30 days, no rental contract or similar agreement is involved, and the establishment must be licensed as a hotel and collect and pay hotel/motel tax on all guest rooms and guest stays. This definition does not include short-term rentals as defined in Section 5-702 of the Code of the City of Roeland Park, Kansas.

(l)

Boarding or rooming house shall mean every building or other structure which is kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests, other than a short-term rental (as defined in Section 5-702 of the Code). Provided, however, where a resident homeowner leases space to no more than two roommates for terms of a year or more, it shall not be considered to be a boarding or rooming house. This definition includes "Lodging house."

(m)

Body piercing studio means any establishment or business wherein body piercing is practiced. Specifically excluded from this definition are retail jewelry businesses offering ear piercing as a complimentary service. (See "Tattoo studio.")

(n)

Building is any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.

(o)

Building height is the vertical dimensions measured form the average elevation of the finished lot grade at the front of the building to the highest point of ceiling or the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.

(p)

Commercial Vehicle is any type of motor vehicle used for transporting goods/cargo or paying passengers.

(q)

Communications Facility. See Section 16-1102.

(r)

Communication tower. See Section 16-1102.

(s)

Concrete pervious or impervious which is designed or used for residential dwelling purposes in the form of a driveway, patio, sidewalk, garage floor, shed floor, basement floor, step, porch or any other use designed to be permanent in nature shall be considered a structure. This excludes concrete used as an anchor for signs, posts or similar items.

(t)

Convenience store means any retail establishment, generally less than 10,000 square feet in size, offering for sale food products, household items and other goods commonly found in grocery stores and may include automotive and truck fuel sales. Any such business with 50 percent or more of its gross sales in alcohol and/or tobacco shall be considered a liquor store or a tobacco store.

(u)

Delayed Deposit Services Business means a person or individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity who for a fee does either of the following:

(1)

Accepts a check, draft, share draft, or other instrument for the payment of money dated after the date it was written.

(2)

Accepts a check, draft, share draft, or other instrument for the payment of money dated on the date it was written and holds it for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, draft, or other instrument whether express or implied.

(3)

The above are typically referred to as "Check Cashing," "Payday Lending," or "Car Title Loan" establishments.

(v)

Drive-in or drive-thru facility means an establishment that provides or dispenses products or services, through an attendant or an automated machine, to persons remaining in their vehicle that are in designated drive-thru vehicle stacking lanes. A drive-thru facility may be in combination with other uses, such as financial institutions, restaurants, pharmacies, and service providers such as dry cleaners. For the purposes of the Zoning Regulations, automotive and truck washes and automotive and truck fuel sales facilities will not be categorized as drive-thru facilities.

(w)

Driveways which are designed or used for residential dwelling purposes shall be considered structures.

(x)

Duplex is a dwelling designed for or occupied exclusively by two families.

(y)

Dwelling is any building or portion thereof which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home, and designed to be placed on, supported by and attached to a continuous perimeter foundation, which is permanent and constructed in accordance with the Roeland Park Building Code for site-built housing.

(z)

Dwelling, accessory, means a separate and smaller second dwelling that is located within the lot or building envelop of a single-family dwelling and is held under the same ownership of that single-family dwelling. This separate dwelling contains its own living, cooking, and housekeeping facilities, may or may not have its own entrance, and is contained within, attached to, or built separate from the principal single-family dwelling. Examples include: a dwelling over an attached or detached garage, a tiny house built on a separate foundation in the backyard, a dwelling within the basement of the principal building, or a dwelling attached to the principal building.

(aa)

Dwelling, multiple-family, means a building with three or more dwelling units designed for or occupied by three or more families with separate cooking and housekeeping facilities for each, where either the units share a common entrance from the exterior of the building or any single unit has common walls or floors with more than two units. Said buildings have dwellings units that are both vertically and horizontally attached to one another. (See "Apartment building or house.")

(bb)

Dwelling, row, means three or more horizontally attached dwelling units in a continuous row. (See "Dwelling, townhouse.")

(cc)

Dwelling, single-family detached, means a detached dwelling erected on its own lot and designed for or occupied by one family only.

(dd)

Dwelling, single-family semi-detached, means a dwelling designed for or occupied by one family only which is erected on a separate lot and is joined to another such dwelling on one side only by a wall located on the lot line and which has yards on the remaining sides (commonly referred to as a duplex).

(ee)

Dwelling, townhouse, means a dwelling unit attached horizontally to two or more other dwelling units by party walls, but no single unit shares party walls with more than two other units, and where each unit maintains an individual entrance from the exterior of the building. (See "Dwelling, row.")

(ff)

Dwelling, two-family, means a dwelling designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, and erected on one lot.

(gg)

Dwelling unit means a room or group of rooms which are arranged, designed, or used as a dwelling for the occupancy of one family, containing sleeping, bathroom, and kitchen facilities.

(hh)

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities; or a group of not more than five persons, living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit, cost-sharing basis.

(ii)

Gas station or service station means any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such products as kerosene, fuel oil, lubricants, tires, batteries, antifreeze, motor vehicle accessories, and other items customarily associated with the sale of such products; for the rendering of services and making of adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, frame repairs, and major overhauling of engines requiring the removal of engine cylinder head or crankcase pan.

(jj)

Green Space is an open area that is landscaped with turf grass, ornamental grasses, trees, shrubs, flowers, or vegetables and that contains no structures, garages, sheds, play structures, pools, decks, driveways, patios, walkways or other paved or hard-surfaced areas including permeable pavers or gravel.

(kk)

Homeowner's Association (HOA) is a private organization made up of individual property owners within a subdivision, planned community, planned development, or condominium building that makes and enforces rules and guidelines for said properties and manages any property or infrastructure held or owned in common by said association. Also referred to as a Property Owner's Association or Council of Co-Owners.

(ll)

Hookah Lounge an establishment where patrons are provided shisha (flavored tobacco) in a hookah or nargile water smoking pipe or where customers use an electronic smoking or other apparatus to deliver an inhaled dose of nicotine or other substance within the establishment. These establishments may also be known or referred to as an "E-hookah lounge or bar."

(mm)

Hotel or motel means a building containing guest rooms in which lodging is provided and offered to the public on a temporary basis for compensation, and which is open to transient guests, in contrast to a bed and breakfast inn, boarding house, or rooming house. For establishments to be considered a hotel or motel, versus an extended stay hotel, apartment hotel, or apartment house or building, all rooms must be available for rent for as little as one night and no more than 30 days, no rental contract or similar agreement is involved, and the establishment must be licensed as a hotel and collect and pay hotel/motel tax on all guest rooms and guest stays.

(nn)

Hotel, extended stay or apartment hotel, means a building containing furnished bedrooms with or without cooking facilities in which lodging is provided and offered to the public on a weekly or monthly basis for compensation.

(oo)

Liquor store means a retail shop or establishment that primarily sells prepackaged alcoholic beverages, including wine, beer, and alcoholic liquors, intended to be consumed off the store's premises, and where 50 percent or more of total gross sales are derived from the sale of alcohol and tobacco.

(pp)

Lodging house is a building where lodging only is provided for compensation to three or more, in contradistinction to hotels open to transients. (See "Boarding or rooming house.")

(qq)

Lot is a parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, including the open spaces required by this chapter.

(rr)

Lot, corner is a lot abutting upon two or more streets at their intersection.

(ss)

Lot, depth of is the mean horizontal distance between the front and rear lot lines.

(tt)

Lot of record is a lot which is a part of a subdivision, map of which has been recorded in the office of the Register of Deeds of Johnson County, Kansas, or a lot described by metes and bounds the description of which has been recorded in the office of the Register of Deeds of Johnson County, Kansas.

(uu)

Lot Tie Agreement is an agreement executed by the property owner whereby the property owner agrees that the described lots and/or parcels shall be held under the same ownership and not sold separately unless otherwise approved by the City. Said agreement shall be recorded with Johnson County as a restriction on the subject property.

(vv)

Manufactured home means a dwelling unit that is substantially assembled in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards (24 C.F.R. 320 et seq.), promulgated by the U.S. Department of Housing and Urban Development, and does not have a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have any permanently attached wheels or axles to its body or frame.

(ww)

Medical, dental or health clinic is any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentistry, chiropractors, osteopaths, optometrists, podiatrists, and in which no retail sales are made.

(xx)

Mini-storage or self-storage means a building or group of buildings, containing varying sizes of individualized, compartmentalized, and controlled stalls or lockers for the dead storage of customers' goods or wares, excluding junk, explosive, or flammable materials, and other noxious or dangerous materials. No business activities other than rental of storage units shall be conducted on the premises.

(yy)

Mini-warehouse or self-storage facility. (See "Mini-storage or self-storage.")

(zz)

Motor Vehicle is a self-propelled vehicle, commonly wheeled, used for the transportation of people or cargo.

(aaa)

Nonconforming use is any building or land lawfully occupied by a use at the time of the passage of the ordinance from which this chapter is derived or amendments hereto, which use does not conform to this chapter after the passage of said ordinance or amendment hereto.

(bbb)

Nursing or convalescent home means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled, or injured persons; not including mentally insane, mental deficiency or deterioration, inebriate, or contagious cases.

(ccc)

Parking area is any parking lot and vehicular use area.

(ddd)

Passenger Vehicle is a car or truck used for passengers, excluding buses.

(eee)

Person includes a corporation, members of a partnership or other business organization, committee, board, trustee, receiver, agent or other representative.

(fff)

Recreational Vehicle (RV) is a motor vehicle or trailer which includes living quarters designed for temporary accommodation. Types of RVs include motor homes, camper vans, caravans (also known as travel trailers and camper trailers), fifth wheel trailers, popup campers and truck campers.

(ggg)

Public utility is any business, the purpose of which is to furnish to the general public either telephone service, telegraph service, cable television, electricity, natural gas, water, transportation of persons and property, sanitary sewer systems and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

(hhh)

Recycling collection point is an accessory use or structure that serves as a drop-off point for pre-sorted recyclable materials. The temporary storage of these items is permitted, but no processing is allowed.

(iii)

Restaurant means an establishment that prepares and serves food and beverages to persons for immediate consumption. Any establishment with 50 percent or more of total gross sales in alcoholic beverages shall be defined as and considered a bar and not a restaurant.

(jjj)

Shall is mandatory.

(kkk)

Single family attached residential. (See "Dwelling, row," "Dwelling, single-family, semi-detached," Dwelling, townhouse," and "Dwelling, two-family.")

(lll)

Single family detached residential. (See "Dwelling, single-family.")

(mmm)

Single-family dwelling is a dwelling designed for or occupied exclusively by one family.

(nnn)

Story is that portion of a building, other than a basement, included between the surface of any floor above it or, if there be no floor above it, the space between the floor and the ceiling next above it.

(ooo)

Story, half is a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent living quarters shall be counted as a full story.

(ppp)

Structure is anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground, but not including fences or single standing walls.

(qqq)

Tavern. (See "Bar.")

(rrr)

Tattoo studio means any establishment in which tattooing is carried out professionally and may or may not include ear and body piercing. (See "Body Piercing Studio.")

(sss)

Tobacco store means a retail shop or establishment primarily engaged in the sale of tobacco and tobacco related products, including nicotine products and supplies such as electronic cigarettes and other devices capable of providing an inhalable dose of nicotine, for off premise consumption and where 50 percent or more of total gross sales are derived from the sale of tobacco and nicotine products or a combination of tobacco products and alcohol. These establishments may also be known or referred to as an E-Cigarette, E-Hookah, Vape or Vapor Store or Shop.

(ttt)

Townhouse is a dwelling unit which is attached horizontally and not vertically to one or more other dwelling units, wherein the land or lot beneath each dwelling is individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for a townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the homeowner's association (council of co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.

(uuu)

Use, occupy or occupied as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.

(vvv)

Watercraft are water-born vehicles including ships, boats, and hovercraft. Watercraft usually have a propulsive capability (whether by sail, oar, paddle or engine).

(www)

Yard is an open space on the same lot with a building, unoccupied and unobstructed by any part 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 mean horizontal distance between the property line and the adjacent wall of the main building shall be used.

(xxx)

Yard, front is a yard extending across the front of a lot between the side property lines and being the minimum horizontal distance between the front yard property line and the main building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The property line is a line common to the adjacent right-of-way (ROW), other than an alley. For corner lots, the front property line will generally be the side with the least dimension. The Building Inspector will make a determination. (See Figures 16-201.1a through 16-201.1d.) Exception: When the house faces a corner, the house will have two front yards. (See Figures 16-201.1c and 16-201.1d.)

(yyy)

Yard, rear is a yard extending across the rear of a lot measured between side property lines and being the minimum horizontal distance between the rear property line(s) and the rear of the main building or any projection other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as opposite to the street upon which the lot has its least dimension. (See Figure 16-201.1a.) On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. One-half the alley width may be considered a part of the adjacent rear yard. (See Figures 16-201.1a through 16-201.1d.)

(zzz)

Yard, side is a yard between the building and the side property line of the lot extending from the front yard to the rear yard. (See Figures 16-201.1a through 16-201.1d.)

(Ord. No. 928, § 1, 4-18-2016; Ord. No. 944, § 2, 11-21-2016; Ord. No. 974, § 1, 10-22-2018; Ord. No. 1018, § 1, 11-1-2021; Ord. No. 1056, § 1(Exh. A), 8-5-2024)

The additional definitions relating to Communications Facilities set forth in Section 16-1102 are incorporated herein by reference.

(Ord. No. 944, § 3, 11-21-2016)

Words or terms not herein defined shall have their ordinary meaning in relation to the context.