(a)

For the purposes of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this article. Any word or phrase which is defined in this article, or elsewhere in this chapter, shall have the meaning as so defined whenever the word or phrase is used in this chapter, unless such definition is expressly limited in its meaning or scope.

(b)

Unless the context clearly indicates to the contrary:

(1)

Words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular.

(2)

The word "shall" is always mandatory and the word "may" is always permissive.

(3)

The word "person" includes individuals, corporations, limited liability companies, partnerships, associations, governmental bodies, agencies, and all other legal entities.

(4)

The words "used" 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."

(5)

The word "building" includes "structure" and a building or a structure includes any part thereof.

(6)

The word "city" means the City of Salina.

(c)

In instances where a word is not defined in this article; elsewhere in this chapter; Salina Code Section 1-2; or the rules of statutory construction at K.S.A. 77-201, as amended; then reference will be made first to the most recent publication of "The Illustrated Book of Development Definitions" by Harvey Moskowitz and Carl Lindbloom, then to "A Planner's Dictionary" by Michael Davidson and Fay Dolnick, then to "Black's Law Dictionary," then to "Webster's New Universal Unabridged Dictionary."

(Code 1966, § 36-1300; Ord. No. 18-10958, § 1, 8-13-18)

Accessory is the term applied to a building structure or use or a portion of a principal building which is clearly incidental or subordinate to, and customary in connection with, the principal building, structure or use, which is located on the same plot with the principal building, structure or use, and which contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served. Any accessory building or structure attached to a principal building or structure by a shared common wall shall be deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure.

(Code 1966, § 36-1301(1); Ord. No. 05-10264, § 2, 4-4-05)

Adult-oriented business means an adult arcade, adult entertainment business, adult media or merchandise outlet, adult motion picture theater or similar type of adult oriented business as defined by City Code.

(Ord. No. 97-9828, § 1, 10-6-97; Ord. No. 00-9969, § 1, 2-14-00)

See "sign, advertising."

(Code 1966, § 36-1301(2))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-618.1 in its entirety. Former § 42-618.1 pertained to the definition of "actuarial premium rates," and derived from Ord. No. 86-9119, adopted February 3, 1986.

Agriculture use is the use of a tract of land not less than five (5) acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses:

(1)

The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

(2)

Wholesale or retail sales as an accessory use unless the same are specifically permitted by these regulations;

(3)

The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within one hundred (100) feet of any lot line.

(Code 1966, § 36-1301(3))

Airport is any area of land or water which is used, or intended for use for the landing or taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings, other airport facilities or rights-of-way, including taxiways, aircraft storage areas, hangars and other necessary buildings and open spaces.

(Code 1966, § 36-1301(4))

Alley is a public or private right-of-way primarily designed to serve as secondary access to the side or rear of these properties whose principal frontage is on some other street.

(Code 1966, § 36-1301(5))

Alteration, as applied to a building structure, is a change or rearrangement of the supporting members, or an enlargement, or the moving of one (1) location or position to another.

(Code 1966, § 36-1301(6))

Animal hospital is a facility for the medical and surgical treatment of animals and their care during the time of such treatment.

(Code 1966, § 36-1301(7))

Apartment is a part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or a single-family and located in a multiple-family dwelling.

(Code 1966, § 36-1301(8))

Apparel stores are stores selling clothing for men, women or children at retail.

(Code 1966, § 36-1301(9))

Appeal is a written request for a review of the zoning administrator's interpretation of any provision of this chapter.

(Ord. No. 86-9119, § 2, 2-3-86)

Appliance repairs is the repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators.

(Code 1966, § 36-1301(10))

Appliance sales is the sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.

(Code 1966, § 36-1301(11))

Applicant is the owner or duly designated representative of land proposed to be subdivided, or for which conditional use permit, amendment, variance, zoning certificate or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.

(Code 1966, § 36-1301(12))

Area is a price of land capable of being described with such accuracy that its location may be established and boundaries definitely ascertained.

(Code 1966, § 36-1301(13))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-629.1 and 42-629.2 in their entirety. Former § 42-629.1 pertained to the definition of "area of shallow flooding." Former § 42-629.2 pertained to the definition of "area of special flood hazard." Both sections derived from Ord. No. 86-9119, adopted February 3, 1986.

Automobile service and accessory stores are stores engaged primarily in the business of selling and installing tires, batteries and other automobile parts and accessories. Automobile service includes the lubrication of automobiles and the replacement of minor parts but does not include major repair work, such as motor replacement, body and fender repair or spray painting.

(Code 1966, § 36-1301(14); Ord. No. 87-9196, § 2, 7-27-87)

Automobile repair is the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including such major repairs as spray painting, body, fender, transmission, differential, axle, spring and frame repairs; repairs of radiators requiring removal thereof and major overhauling of engines.

(Ord. No. 87-9196, § 3, 7-27-87)

Automobile sales is the sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition; but not including storage of trucks of more than five (5) tons in weight or buses; and, the repair and servicing of such vehicles, but not including body work, painting, or motor rebuilding, unless specifically permitted by the zoning district regulations.

(Code 1966, § 36-1301(15))

Awning is a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

(Code 1966, § 36-1301(16))

See "sign, awning, canopy, and marquee."

(Code 1966, § 36-1301(17))

Banks and financial institutions are commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawnshops.

(Code 1966, § 36-1301(18))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-634.1 in its entirety. Former § 42-634.1 pertained to the definition of "base flood," and derived from Ord. No. 86-9119, adopted February 3, 1986.

Bar is an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and in which food sales is only incidental to the consumption of such beverage.

(Ord. No. 01-10056, § 4, 9-24-01)

Beverage distributors are warehouses for the storage and distribution of beer, soft drinks and other beverages, but not including bottling plants and similar industrial uses.

(Code 1966, § 36-1301(19))

Block is a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroads, rights-of-way, shorelines or boundary lines of municipalities.

(Code 1966, § 36-1301(20))

Building is any covered structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind, and which is permanently affixed to the land.

(Code 1966, § 36-1301(21))

Principal building is a building in which is conducted the main or principal use of the lot on which said building is situated.

(Code 1966, § 36-1301(22))

Nonconforming bulk is that part of a building, structure or nonbuilding use which does not conform to one (1) or more of the applicable bulk regulations herein.

(Code 1966, § 36-1301(24))

Bulk regulations are regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:

(1)

Maximum height;

(2)

Maximum lot coverage;

(3)

Minimum size of yard and setbacks.

(Code 1966, § 36-1301(25))

See "sign, bulletin board."

(Code 1966, § 36-1301(23))

Business and professional office means a building or a portion of a building used for the conduct of business by persons including, but not limited to, a single doctor or dentist, accountants, architects, attorneys, consultants, engineers, insurance agents, investment consultants, real estate brokers, where there is no display of merchandise and the storage and sale of merchandise is clearly incidental to the service provided.

(Code 1966, § 36-1301(26); Ord. No. 91-9464, § 1, 9-9-91)

Campground is an area or premises in which space is provided for transient occupancy or use by tourists occupying tents, recreational vehicles, or mobile homes less than twelve (12) feet wide.

(Code 1966, § 36-1301(27))

Camping trailer is a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping or travel use. See "recreational vehicle."

(Code 1966, § 36-1301(28))

Canopy is any structure, moveable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements; or, a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

(Code 1966, § 36-1301(29))

See "sign, awning, canopy, and marquee."

(Code 1966, § 36-1301(30))

Capacity in persons is the maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort.

(Code 1966, § 36-1301(31))

Car wash is a building or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

(Code 1966, § 36-1301(32))

Child care center means a facility:

(1)

Which provides care and educational activities for thirteen (13) or more children two (2) weeks to sixteen (16) years of age for more than three (3) hours and less than twenty-four (24) hours per day including day time, evening, and nighttime care; or

(2)

Which provides before and after school care for school-age children. A facility may have fewer than thirteen (13) children and be licensed as a center if the program and building meet child care center regulations.

(Ord. No. 23-11175, § 9, 10-2-23)

Commercial district is any zoning district designated with a "C," for example "C-1," "C-2," etc.

(Code 1966, § 36-1301(33))

Common open space is a parcel of land or an area of water, or combination of both land and water, within a site designated as a planned residential development district and designed and intended for the use and enjoyment of the residents of the planned residential development. Common open space does not include streets, alleys, parks, off-street parking or loading areas, public open space, or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures but may contain such improvements as are approved as a part of the general development plan and are appropriate for the recreation of residents of the planned residential development.

(Code 1966, § 36-1301(34))

Completely enclosed building is a building separated on all sides from adjacent open space or from other buildings by fixed exterior or party walls, pierced only by windows and entrance or exit doors, and covered by a permanent roof.

(Code 1966, § 36-1301(35))

See "sign construction."

(Code 1966, § 36-1301(36))

Contractor's storage yard is a lot or portion of a lot or parcel, with or without buildings, used to store and maintain vehicles, construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.

(Ord. No. 07-10386, § 2, 5-7-07)

Corner lot is a lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is one hundred thirty-five (135) degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street.

(Code 1966, § 36-1401(37))

Critical drainage area is an area designated on the official zoning map of the city that is subject to periodic flooding due to stormwater ponding or sheet flow.

(Ord. No. 97-9780, § 1, 2-10-97)

Day care home means a single family dwelling where care is provided as a home occupation for a maximum of ten (10) children under sixteen (16) years of age, with a limited number of children under five (5) years of age in accordance with K.A.R. 28-4-114(e).

(Code 1966, § 36-1301(38); Ord. No. 82-8914, § 1, 6-21-82; Ord. No. 23-11175, § 10, 10-2-23)

Density is the restriction on the number of dwelling units that may be constructed per acre or per square feet of zoning lot area.

(Code 1966, § 36-1301(39))

Developer is the legal or beneficial owner of all of the land proposed to be included in a planned development, or the duly authorized agent thereof. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of this chapter.

(Code 1966, § 36-1301(40))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-656.1 in its entirety. Former § 42-656.1 pertained to the definition of "development" and derived from Ord. No. 86-9119, adopted February 3, 1986; and Ord. No. 92-9524, adopted August 10, 1992.

Dog kennel is any place where more than four (4) dogs are kept, maintained, boarded and/or bred for a fee and/or offered for sale except those places/persons meeting the minimum requirements as hobby breeders.

(Code 1966, § 36-1301(41); Ord. No. 81-8863, § 13, 8-3-81)

Drinking establishment is an establishment which may be open to the general public, where alcoholic liquor by the drink is sold (K.S.A. 41-2601(i)).

(Ord. No. 01-10056, § 5, 9-24-01)

Drive-in establishment is a place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow some or all of its patrons to be served or accommodated while remaining in their automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures; or an establishment which customarily packages food for carry out.

(Code 1966, § 1301(42); Ord. No. 82-8918, § 4, 8-9-82)

Drive-up window is a window for service to a customer in a vehicle with the intent that the customer not consume the food or beverages on the premises in parked vehicles.

(Ord. No. 82-8918, § 4, 8-9-82)

Editor's note— Ord. No. 82-8918, § 4 added (42a) to § 36-1301 of the 1966 Code. At the editor's discretion the provision have been included as § 42-658.1 of this Code.

Dry cleaning (self-service) is an establishment providing facilities with which customers may dry clean their own clothes or other fabrics.

(Code 1966, § 36-1301(43))

Dry cleaning plant is an establishment in which clothing and other fabrics are dry cleaned professionally.

(Code 1966, § 36-1301(44))

Dwelling is a permanent building or portion thereof, designed and used exclusively for residential occupancy, including single-family and multiple-family dwellings, manufactured and mobile homes and rooming and boarding houses, but not including hotels and motels.

(Code 1966, § 36-1301(45); Ord. No. 94-9629, § 2, 4-4-94)

Attached dwelling is a residential building which is joined to another dwelling at one (1) or more sides by a party wall or walls.

(Code 1966, § 36-1301(46))

Detached dwelling is a residential building which is entirely surrounded by open space on the same lot.

(Code 1966, § 36-1301(47))

Multiple-family dwelling is a residential building containing three (3) or more dwelling units.

(Code 1966, § 36-1301(48))

Single-family dwelling is a residential building containing one (1) dwelling unit only.

(Code 1966, § 36-1301(49))

Two-family dwelling is a residential building containing two (2) dwelling units only.

(Code 1966, § 36-1301(50))

Dwelling unit is one (1) or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

(Code 1966, § 36-1201(51))

Easement is authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

(Code 1966, § 1301(52))

Electronic cigarette (e-cigarette) means an electronic and/or battery operated device, that may resemble smoking, that uses an atomizer or similar device that allows users to inhale nicotine vapor or other flavored vapor without fire, smoke or ash (also commonly referred to as an electronic smoking device, electronic vaping device, personal vaporizer, electronic pipe (e-pipe), electronic hookah, e-pen or vapor pen).

(Code 1966, § 1301(52); Ord. No. 14-10746 § 1, 8-11-14)

Electronic cigarette establishment is a business establishment that is dedicated primarily to the sale and/or on premise use of devices that utilize a heating element that vaporizes a liquid solution that releases nicotine or a flavored vapor and related accessories, including but not limited to establishments known as e-cigarette lounges, vapor lounges and vapor shops. Related accessories include apparatus, equipment or instruments, whether enclosed or unenclosed, used for inhaling vapor from nicotine enriched solutions or vaporizing controlled substances.

(Code 1966, § 1301(52); Ord. No. 14-10746 § 1, 8-11-14)

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-668.1 in its entirety. Former § 42-668.1 pertained to the definition of "existing construction," and derived from Ord. No. 86-9119, adopted February 3, 1986. Ord. No. 87-9184, § 7, adopted May 11, 1987, repealed § 42-668.2, concerning existing mobile home parks and subdivisions, in its entirety. Former § 42-668.2 derived from Ord. No. 86-9119, § 2 adopted February 3, 1986. Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-668.3 in its entirety. Former § 42-668.3 pertained to the definition of "existing structures," and derived from Ord. No. 86-9119, adopted February 3, 1986. Ord. No. 87-9184, § 7, adopted May 11, 1987, repealed § 42-668.4, concerning expansion of mobile home parks and subdivisions, in its entirety. Former § 42-668.4 derived from Ord. No. 86-9119, § 2, adopted February 3, 1986.

Family is an individual, or two (2) or more persons related by blood, marriage or legal adoption, a group of not more than four (4) persons not related by blood, marriage or legal adoption or not more than eight (8) "disabled" persons (as defined by K.S.A. 12-736) residing in a dwelling licensed by the State of Kansas. as a group home living together as a single housekeeping unit in a dwelling unit, including foster children and domestic servants; provided however, families having not more than two (2) persons may include not more than two (2) roomers.

(Code 1966, § 36-1301(53); Ord. No. 94-9629, § 2, 4-4-94)

Family care facility is a dwelling which is licensed by the State of Kansas. as a "group home" to provide room and board, personal care, rehabilitation services, and supervision in a family environment for not more than eight (8) persons with a "disability" (as defined by K.S.A. 12-736), plus no more than two (2) support staff.

(Code 1966, § 36-1301(54); Ord. No. 91-9464, § 2, 9-9-91)

Family day care home means a single family dwellings in which care is provided as a home occupation for less than twenty-four (24) hours per day for a maximum of six (6) children who are less than sixteen (16) years age, but of whom not more than three (3) children are less than eighteen (18) months.

(Ord. No. 23-11175, § 11, 10-2-23)

Fence is a freestanding structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

(Code 1966, § 36-1301(55))

Final plat is the map or plan or record of a subdivision, and any accompanying material, as described in the subdivision regulations.

(Code 1966, § 36-1301(56))

Flexible zoning is zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated.

(Code 1966, § 36-1301(57))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former §§ 42-673.1, 42-674, 42-674.1, 42-674.2, 42-675, 42-676 and 42-676.1. Former § 42-673.1 pertained to the definition of "flood" or "flooding," and derived from Ord. No. 86-9119, adopted February 3, 1986. Former § 42-674 pertained to the definition of "flood fringe," and derived from the Code of 1966, § 36-1301(58). Former § 42-674.1 pertained to the definition of "flood insurance rate map," and derived from Ord. No. 86-9119, adopted February 3, 1986. Former § 42-674.2 pertained to the definition of "flood insurance study," and derived from Ord. No. 86-9119, adopted February 3, 1986. Former § 42-675 pertained to the definition of "flood plain," and derived from the Code of 1966, § 36-1301(59). Former § 42-676 pertained to the definition of "floodway," and derived from the Code of 1966, § 36-1301(60); and Ord. No. 86-9119, adopted February 3, 1986. Former § 42-676.1 pertained to the definition of "floodway fringe," and derived from Ord. No. 86-9119, adopted February 23, 1986.

Floor area is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings computed as follows:

(1)

For determining floor area ratio: the sum of the following areas: a. The basement floor area when more than one-half (½) of the basement height is above the finished lot grade level where curb level has not been established; b. elevator shafts and stairwells at each floor; c. floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof); d. penthouses; e. attic space having headroom of seven (7) feet, ten (10) inches or more; f. interior balconies and mezzanines; g. enclosed porches; and h. floor area devoted to accessory uses. Space devoted to off-street parking or loading shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten (10) feet of height, or fraction thereof, as being equal to one (1) floor.

(2)

For determining off-street parking and loading requirements: the sum of the following areas: a. Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; b. any basement floor area devoted to retailing activities; and c. floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps, and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.

(Code 1966, § 36-1301(61))

Food stores are stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises.

(Code 1966, § 36-1301(62))

Fraternal and/or service clubs are associations formally organized for a common purpose, or interest, and operated not for profit for persons who are bona fide members paying annual dues, which own, hire, or lease premises, the use of which premises is restricted to such members and their guests. The affairs and management of such associations are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on the premises, provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws.

(Code 1966, § 36-1301(63))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-679.1 in its entirety. Former § 42-679.1 pertained to the definition of "freeboard," and derived from the Ord. No. 86-9119, adopted February 3, 1986.

See "lot line, front."

(Code 1966, § 36-1301(64))

See "yard, front."

(Code 1966, § 36-1301(65))

Frontage is the length of a front lot line or lines.

(Code 1966, § 36-1301(66))

Detached private accessory garage is a building designed or used primarily for shelter or storage of vehicles or boats, located on the same zoning lot as a single-family or duplex residence. This definition shall also include carports used primarily for the storage of vehicles or boats. The term garage shall not include agricultural buildings.

(Ord. 11-10601, § 1, 5-2-11)

Detached private non-accessory garage is a stand-alone building designed or used primarily for the shelter or storage of vehicles or boats, that is not accessory to a single-family or duplex residence on the same zoning lot. Where any vehicles or boats are serviced, repaired or offered for sale, the term "private garage" shall not apply. This term shall not include agricultural buildings.

(Ord. 11-10601, § 1, 5-2-11)

Residential garage is a detached accessory building enclosed on at least three (3) sides or a portion of a dwelling used for the parking of and storage of motor vehicles belonging to the occupants of the residence. An attached garage must share a common wall with the residence it serves.

(Code 1966, § 36-1301(67); Ord. No. 05-10264, § 3, 4-4-05)

Garage sale is the temporary retail use of single or multiple-family structures located in a residential district consisting of the sale of five (5) or more miscellaneous items acquired by the sellers for their ultimate use or consumption. This definition includes, but is not limited to porch, yard, sidewalk, basement, rummage, tag or other similar sale.

(Code 1966, § 36-1301(67a))

Garden stores are stores which sell growing plants, seeds, bulbs, shrubs and gardening and landscaping tools, implements and supplies, including lawn furniture.

(Code 1966, § 36-1301(68))

Gasoline service station is the use of any structure and surrounding land for the storage and sale of gasoline or other motor fuels; the sale and installation of automobile lubricants, supplies and accessories; the washing, polishing, cleaning and servicing of motor vehicles; and the performance of minor maintenance activities such as engine tuneups, brakes, mufflers, hoses, belts, alignments and similar work, but not including major repair such as body work, painting, or motor rebuilding involving machine work.

(Code 1966, § 36-1301(69); Ord. No. 91-9440, § 4, 5-13-91)

See "sign, ground."

(Code 1966, § 36-1301(70))

Group care facility is a state licensed or approved facility which provides resident services for nine (9) or more persons with a "disability" (as defined by K.S.A. 12-736) not including support staff. These individuals are provided services in accordance with their individual needs such as room and board, personal care, and adult supervision.

(Code 1966, § 36-1301(71); Ord. No. 91-9464, § 3, 9-9-91)

Group day care home means the premises on which care is provided for a maximum of twelve (12) children under sixteen (16) years of age, with a limited number of children under five (5) years of age in accordance with K.A.R. 28-4-114(f).

(Code 1966, § 36-1301(72); Ord. No. 82-8914, § 2, 6-21-82; Ord. No. 87-9206, § 1, 9-28-87; Ord. No. 23-11175, § 12, 10-2-23)

Group rehabilitation facility is a state licensed or approved facility providing custodial care in a supervised living environment for one (1) or more persons residing voluntarily or by court placement, including, but not limited to, correctional and post-correctional centers, juvenile detention facilities, and temporary custody facilities.

(Ord. No. 91-9464, § 4, 9-9-91)

Maximum height is a horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except:

(1)

Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located;

(2)

Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers.

(Code 1966, § 36-1301(73); Ord. No. 81-8863, § 14, 8-3-81)

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-690.1, which pertained to the definition of "highest adjacent grade," and derived from Ord. No. 86-9119, adopted February 3, 1986. Former § 42-690.2 pertained to the definition of "historic structure," and derived from Ord. No. 92-9524, adopted August 10, 1992.

Hobby breeder is any person who owns more than four (4) but less than twenty (20) purebred, registered dogs over the age of nine (9) months, which are habitually boarded and lodged within said person's domicile or yard; and who, furthermore, provides a fenced and/or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in said fenced or enclosed area, except when under the personal and immediate control of the owner.

(Ord. No. 81-8863, § 14, 8-3-81)

Home occupation is a profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use on a residential lot by one (1) or more members of the family residing on the premises.

(Code 1966, § 36-1301(74))

A hookah establishment is any business establishment that allows the on-site consumption through the burning or combustion of tobacco or other dried plant material and the inhalation of smoke through one (1) or more communal hookah pipes (also commonly referred to as a hookah, water pipe, shisha or narghile). For clarification purposes, a hookah establishment shall be considered a separate land use from an e-cigarette establishment or tobacco shop.

(Code 1966, § 36-1301(74); Ord. No. 14-10746 § 1, 8-11-14)

One (1) or more buildings, one (1) of which must be a hospital (defined as a public or private institution designed, intended or used to provide physical or mental health services, inpatient and overnight accommodations and medical or surgical care to persons suffering from injury, illness or disease.) A hospital complex may also include a cafeteria or restaurant, medically related heliports, rehabilitation centers, extended care clinics, physical therapy/employee exercise facilities, and shops for medical equipment, pharmaceutical supplies, gifts, books, magazines, toiletries, flowers, candy or similar items, provided such uses are primarily for the benefit of patients, staff, and visitors and are located so as not to normally attract other retail customers. A hospital complex may also include, in the same building as the hospital or in separate buildings, other health care and health-care-related services, which may include, but shall not be limited to, the following: child care centers, employee housing, temporary patient/patient family housing, parking garages and medical office buildings.

(Ord. No. 03-10156, § 1, 7-28-03)

Hotel is a building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.

(Code 1966, § 36-1301(75))

See "sign, identification."

(Code 1966, § 36-1301(76))

Industrial district is any zoning district designated with an "I," for example "I-1," "I-2," etc.

(Code 1966, § 36-1301(77))

Junkyard is an area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building of used or discarded materials such as scrap metal, machinery, equipment, vehicles or parts thereof with or without the dismantling, processing, recycling, salvage, sale or other use or disposition thereof. Where such materials are a byproduct of an established permitted use on the property, such activity shall be considered outdoor storage. See "salvage yard and wrecking yard."

(Code 1966, § 36-1301(78); Ord. No. 07-10386, § 1 5-7-07)

Landscaping is the improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

(Code 1966, § 36-1301(79))

Laundry is an establishment in which clothing and other fabrics are laundered professionally.

(Code 1966, § 36-1301(80))

Laundry (self-service) is an establishment providing facilities with which customers may launder their own clothes or other fabrics.

(Code 1966, § 36-1301(81))

Lodging house is a business establishment which provides sleeping and living quarters (but not individual cooking facilities) in an immovable structure on a weekly or monthly basis.

(Code 1966, § 36-1301(82))

Lot area is the area of a horizontal plane bounded by the front, side and rear lot lines.

(Code 1966, § 36-1301(83))

See "corner lot."

(Code 1966, § 36-1301(84))

Lot coverage is that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

(Code 1966, § 36-1301(85))

Lot depth is the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

(Code 1966, § 36-1301(86))

Lot line is a lot boundary line. See "lot line, front;" "lot line, rear;" "lot line, side."

(Code 1966, § 36-1301(87))

Front lot line is a street right-of-way line forming the boundary of a lot.

(Code 1966, § 36-1301(88))

Rear lot line is the lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than twelve (12) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to the front line. If a zoning lot has two (2) or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

(Code 1966, § 36-1301(89))

Side lot line is a lot line which is neither a front lot line nor a rear lot line.

(Code 1966, § 36-1301(90))

Lot of record is a lot which is part of a subdivision, the plat of which has been recorded in the office of the county register of deeds, or a parcel of land the deed to which was recorded prior to February 14, 1977. The owner of such a lot or parcel shall be deemed to be any equitable owner.

(Code 1966, § 36-1301(91))

Lot size requirements are restrictions on the dimensions of lots including minimum lot area, width and depth; and maximum density. Minimum lot area, width and depth establish the size of the zoning lot on which a structure or use, or two (2) or more structures or uses, may be constructed or established.

(Code 1966, § 36-1301(92))

Lot width is the distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line. Lot width shall never be less than thirty-five (35) feet at the front lot line.

(Code 1966, § 36-1301(93))

Zoning lot is a parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements such lot may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record; or

(3)

A combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.

(Code 1966, § 36-1301(94))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-712.1. Former § 42-712.1 pertained to the definition of "lowest floor," and derived from Ord. No. 87-9184, adopted May 11, 1987.

Manufactured home is a structure built on a permanent chassis and transportable in one (1) or more sections, which contains all necessary plumbing, heating, air conditioning and electrical systems, and is designed to be used as a dwelling, with or without a permanent foundation, when connected to all required utilities. Such structures have not and cannot be determined to have been built in accordance with adopted city building codes but have been constructed in conformance with the Federal Manufactured Home Construction and Safety Standards Act generally knows as the HUD Code established pursuant to 42 U.S.C. Section 5403.

(Ord. No. 87-9184, § 5, 5-11-87; Ord. No. 91-9489, § 1, 12-9-91; Ord. No. 18-10939, § 2, 6-11-18)

Manufactured home park is a tract of land in single ownership which is used or intended to be used by two (2) or more manufactured homes located on leased or rented spaces and which has sanitary facilities, water, electricity and other similar utilities available to permit residential occupancy of the homes. This term does not include sales lots on which unoccupied manufactured homes, whether new or used, are located for the purpose of storage, inspection or sale.

(Ord. No. 87-9184, § 5, 5-11-87; Ord. No. 91-9489, § 2, 12-9-91)

Manufactured home subdivision is a tract of land containing two (2) or more individually owned lots, which are or intended to be developed with manufactured homes owned by the respective lot owners which are placed on permanent foundations and permanently connected to sanitary facilities, water, electricity and other similar utilities available to permit residential occupancy of the homes.

(Ord. No. 87-9184, § 5, 5-11-87; Ord. No. 91-9489, § 3, 12-9-91)

Massage parlor is an establishment offering services which are offered or performed for compensation and which are advertised or represented as massage or which involve the touching of the body with the purpose of inducing any type of pleasurable or erotic experience, provided that this term shall not include any establishment operated by a medical or healing arts practitioner or professional physical therapist licensed by the State of Kansas or by a certified massage therapist.

(Ord. No. 08-10453, § 1, 7-7-08)

Massage therapy means a method of treating the body for remedial or therapeutic purposes, including but not limited to rubbing, stroking, kneading, or tapping with the hand or an instrument or both by a person holding a valid license issued by a state that licenses therapists or a person who has passed the National Certification Board for Therapeutic Massage and Bodywork (NCETMB) exam or is a member in good standing of the American Massage Therapy Association or the American Oriental Bodywork Therapy Association. The term massage therapy establishment shall not include hospitals, nursing homes or YMCAs nor shall this definition apply to persons holding a license to practice the healing arts, persons licensed to practice as a registered professional nurse by the State of Kansas, persons licensed to practice as a physical therapist by the State of Kansas or persons working under the direction and supervision of any licensed healing arts practitioner, nor shall apply to barbers or cosmetologists holding a valid, unrevoked license or certificate of registration issued by the State of Kansas.

(Ord. No. 08-10453, § 1, 7-7-08)

Mobile home is a structure built on a permanent chassis and transportable in one (1) or more sections, which contains all necessary plumbing, heating, air conditioning and electrical systems, and is designed to be used as a dwelling, with or without a permanent foundation, when connected to all required utilities. Such structures have not and cannot be determined to have been built in accordance with adopted city building codes, were manufactured prior to June 15, 1976, or were not manufactured in conformance with the HUD Code as is required for a manufactured home. The term mobile home does not include a recreational vehicle.

(Ord. No. 91-9489, § 4, 12-9-91, Ord. No. 08-10453, § 1, 7-7-08 )

See "sign, awning, canopy, and marquee."

(Code 1966, § 36-1301(95))

Medical and dental clinic means a building or buildings occupied by two (2) or more physicians, dentists, or other members of a healing profession where the primary use is the delivery of health care services.

(Ord. No. 91-9464, § 5, 9-9-91)

Mini-warehouse is a building or group of buildings in a controlled-access and/or fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of excess personal property of an individual or family when such is not located on the lot with their residence, such as passenger motor vehicle, recreational vehicle, motorcycle, boat, and other items of personal property generally stored in residential accessory structures.

(Code 1966, § 36-1301(95a))

Editor's note— Ord. No. 87-9184, § 7, adopted May 11, 1987, repealed §§ 42-715—42-718 in their entirety. Former §§ 42-715—42-718, concerning definitions for mobile home provisions, derived from the Code of 1966, § 36-1301(96)—(99)

See "sign, mobile."

(Code 1966, § 36-1301(100))

Modular home is a structure which the manufacturer certified as constructed in accordance with adopted city building codes, which is transportable in one (1) or more sections but is not constructed on a permanent chassis, and which is designed to be used as a dwelling on a permanent foundation when connected to required utilities including plumbing, heating, air conditioning and electrical systems contained therein.

(Ord. No. 91-9489, § 6, 12-9-91)

Motor freight terminal is a building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.

(Code 1966, § 36-1301(101))

Motor home is a vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle. (See "recreational vehicle.")

(Code 1966, § 36-1301(102))

See "sign, nameplate."

(Code 1966, § 36-1301(103))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-722.1 in its entirety. Former § 42-722.1 pertained to the definition of "new construction," and derived from Ord. No. 86-9119, adopted February 3, 1986; and Ord. No. 92-9524, adopted August 10, 1992.

Non-climatized storage use is the storage of vehicles, goods and personal belongings which only necessitate the presence of persons on the premises to load and off-load goods and materials on an intermittent basis and other uses limited to the personal or business activities of the tenant or owner. A building or space that is identified as a non-climatized storage use cannot be used as a location to operate a business that would have employees working at the location, and/or that would offer a service that would require the public to come to the location, and/or that would offer goods for sale to the public from the location, or any other business activity that would require human occupancy of the building.

(Ord. No. 11-10601, § 1, 5-2-11)

Nonconforming lot of record is an unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

(Code 1966, § 36-1301(104))

Nonconforming structure is a structure which does not comply with the lot size requirements of bulk regulations applicable to new structures in the zoning district in which it is located.

(Code 1966, § 36-1301(105))

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

(Code 1966, § 36-1301(106))

Nonconformity is a nonconforming use, nonconforming structure, or a nonconforming lot of record.

(Code 1966, § 36-1301(107))

Nursing or convalescent home is an institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism or narcotics addition.

(Code 1966, § 36-1301(108))

Occupancy permit is a permit issued by the zoning administrator after certification that such land, use, structure or building is fit for human occupancy and complies with all of the provisions of the zoning regulations and other applicable city codes, ordinances, rules and regulations.

(Code 1966, § 36-1301(109))

See "business and professional offices."

(Code 1966, § 36-1301(110))

See "sign, advertising."

(Code 1966, § 36-1301(111))

Outdoor storage is the storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

(Code 1966, § 36-1301(112))

Overlay district is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.

(Ord. No. 86-9119, § 2, 2-3-86)

Package liquor store is an establishment in which alcoholic beverages are sold for consumption off the premises.

(Code 1966, § 36-1301(113))

Parking garage is a building used for the storage of motor vehicles, which contains space rented to the general public by the hour, day, week, month or year, and including the accessory sale of gasoline and motor oil if wholly within a completely enclosed building.

(Code 1966, § 36-1301(114))

Parking lot is an open area used for the storage of motor vehicles which contains space rented to the general public by the hour, day, week, month or year.

(Code 1966, § 36-1301(115))

Parking space is a surfaced area, enclosed in the main building or in an accessory building, or unenclosed, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile, and connected with a street or alley by a surfaced driveway which affords satisfactory ingress or egress for automobiles.

(Code 1966, § 36-1301(116))

Pawn shop is an establishment engaged in the lending of money on the security of goods deposited with it or engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

(Ord. No. 08-10453, §, 2, 7-7-08)

Payday loan company is a business offering short term non-collateral loans under K.S.A. 16a-2-404.

(Ord. No. 08-10453, §, 2, 7-7-08)

Pharmacies are stores which sell prescription and nonprescription drugs and medicine and medical, surgical, and dental supplies and appliances only.

(Code 1966, § 36-1301(117))

Planning commission means the Salina City Planning Commission, as established in accordance with K.S.A. 12-701 et seq., and with the powers and authority therein granted.

(Code 1966, § 36-1301(118))

See "sign, pole."

(Code 1966, § 36-1301(119))

Preliminary plat is the preliminary drawings and information as described in this chapter and as defined in the subdivision regulations to be submitted to the planning commission for its approval.

(Code 1966, § 36-1301(120))

Preschool means a facility:

(1)

Which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and who are thirty (30) months of age or older; or

(2)

Which conducts sessions not exceeding three (3) hours per session;

(3)

Which does not enroll any child more than one (1) session per day; and

(4)

Which does not serve a meal. The term "preschool" shall include educational preschools. Montessori schools, nursery schools, church-sponsored preschools, and cooperatives. A facility may have fewer than thirteen (13) children and be licensed as a preschool if the program and facility meet preschool regulations.

(Ord. No. 23-11175, § 13, 10-2-23)

Principal structure is a structure in which a principal use of the lot on which the structure is located is conducted.

(Code 1966, § 36-1301(121))

Principal use is the main use of land or structures as distinguished from a subordinate or accessory use.

(Code 1966, § 36-1301(122))

Private club is an association organized and operated for profit or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. Food, meals and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served or sold to members and their guests provided such service or sale of alcoholic beverages is in compliance with all federal, state, county and local laws.

(Code 1966, § 36-1301(123))

See "sign, projecting."

(Code 1966, § 36-1301(124))

Public open space is a parcel of land or an area of water, or a combination of land and water dedicated to public use and available for the use and enjoyment of the general public. Public open space does not include streets, alleys or off-street parking or loading areas.

(Code 1966, § 36-1301(125))

Public sewer and water system is any system, other than an individual septic tank or tile field, or individual well, operated by a municipality or other governmental agency or a public utility for the disposal of wastes and the furnishing of water.

(Code 1966, § 36-1301(126))

Railroad right-of-way is a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

(Code 1966, § 36-1301(127))

See "sign, real estate."

(Code 1966, § 36-1301(128))

See "lot line, rear."

(Code 1966, § 36-1301(129))

See "yard, rear."

(Code 1966, § 36-1301(130))

Recreational vehicle is a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities include: travel trailer, camping trailer, topper, truck camper and motor home.

(Code 1966, § 36-1301(138))

Recycling center is a building in which recyclable material only is collected, processed, and/or baled in preparation for shipment to others who will use those materials to manufacture new products. This term shall not include junkyards, salvage yards, wrecking yards, scrap metal processors or refuse transfer stations.

(Ord. No. 07-10386, § 1, 5-7-07)

Refuse service is a business duly qualified and operating under a license issued by the City of Salina to collect refuse as defined by section 34-16 of the Salina Code from residential, commercial and industrial properties within the city, including any lot or portion of a lot used to store and maintain vehicles used for transporting refuse.

(Ord. No. 07-10386, § 1, 5-7-07)

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-751 in its entirety. Former § 42-751 pertained to the definition of "regulatory flood," and derived from the Code of 1966, § 36-1301(131); and Ord. No. 86-9119, adopted February 3, 1986.

Remodeling is any change in a structure (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of any portion of a structure.

(Code 1966, § 36-1301(132))

Residential building is a building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and fraternities.

(Code 1966, § 36-1301(133))

Residential-design manufactured home is a manufactured home on a permanent foundation which has minimum dimensions of twenty-two (22) body feet in width, a pitched roof, and siding and roofing material which are customarily used on site-built homes, and which complies with the architectural and aesthetic standards specified in section 42-64 of these regulations. A residential-design manufactured home shall be considered a single-family dwelling.

(Ord. No. 91-9489, § 5, 12-9-91, Ord. No. 08-10453, § 3, 7-7-08)

Editor's note— Section 42-753.1 was previously § 42-712.6.

Residential district is any zoning district designated with an "R," for example "R-1," "R-2," etc., any planned development district that contains residential buildings and the MH mobile home district.

(Code 1966, § 36-1301(134))

Restaurant is a public eating or drinking establishment, the facilities, equipment, and manner and hours of operation of which are consistent with a food service operation, including but not limited to the types of business establishments customarily referred to as cafes, cafeterias, coffee shops, dairy bars, restaurants and soda fountains, but not including any drinking establishment which has thirty (30) percent or less of its gross receipts from the sale of food for consumption on the premises on an annual basis. Such an establishment shall be considered a bar.

(Code 1966, § 36-1301(135); Ord. No. 01-10056, § 6, 9-24-01, Ord. No. 08-10453, § 4, 7-7-08)

Retail sales is the sale of goods, merchandise and commodities for use or consumption.

(Code 1966, § 36-1301(136))

Riding stables are structures in which saddle horses are kept, maintained and/or boarded, and in connection with which saddle horses are rented to the general public or made available to members of a private club. Exercise rings and show rings shall be considered uses accessory to the use of the premises of a riding stable.

(Code 1966, § 36-1301(137))

Right-of-way is a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.

(Code 1966, § 36-1301(139))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-758.1 in its entirety. Former § 42-758.1 pertained to the definition of "risk premium rates," and derived from Ord. No. 86-9119, adopted February 3, 1986.

See "sign, roof."

(Code 1966, § 36-1301(140))

Rooming and boarding house is a single-family residential dwelling with one (1) kitchen used to provide lodging for one (1) week or longer for compensation, with or without meals, for three (3) but not more than eight (8) persons, each with a private room excluding the resident owner or occupant and family thereof.

(Ord. No. 94-9629, § 3, 4-4-94)

Salvage yard is any area of land, with or without buildings used for storing, crushing, dismantling, shredding, compressing or salvaging discarded machinery, equipment or two (2) or more unlicensed inoperable vehicles. See "junkyard and wrecking yard."

(Ord. No. 07-10386, § 1, 5-7-07

Scrap metal processor is a business engaged in the buying, selling, storing, exchanging, processing, trading or otherwise dealing in scrap metal.

(Ord. No. 07-10386, § 1, 5-7-07

Screening is decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six (6) or more than eight (8) feet in height.

(Code 1966, § 36-1301(141))

Setback is the distance between the front lot line and the principal building on the lot.

(Code 1966, § 36-1301(142))

A facility designed and used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure.

(Ord. No. 18-10959, § 1, 8-13-18)

The use of land for the discharging of firearms for the purpose of target practice, skeet and trap shooting, military/law enforcement training or temporary competitions.

(Ord. No. 18-10959, § 2, 8-13-18)

See "lot line, side."

(Code 1966, § 36-1301(143))

See "yard, side."

(Code 1966, § 36-1301(144))

Sign is any writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:

(1)

Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground;

(2)

Is used to announce, direct attention to, or advertise; and

(3)

Is not located inside a building.

(Code 1966, § 36-1301(145))

Advertising sign is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located, or to which it is affixed (off-premise sign).

(Code 1966, § 36-1301(146))

Awning, canopy and marquee sign is a sign that is mounted or painted on, or attached to, an awning, canopy, or marquee that is otherwise permitted by these regulations. No such sign shall project more than twenty-four (24) inches above, below, or twelve (12) inches beyond the physical dimensions of the awning, canopy, or marquee, and a minimum of eight (8) feet of clearance shall be provided above grade.

(Code 1966, § 36-1301(147))

Bulletin board sign is a sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcements of persons, events, or activities occurring at the institution. Such signs may also present a greeting or similar message.

(Code 1966, § 36-1301(148))

Business sign is a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed.

(Code 1966, § 36-1301(149))

See "sign, awning, canopy, and marquee."

(Code 1966, § 36-1301(150))

Construction sign is a temporary sign indicating the names of architects, engineers, landscape architects, contractors, and similar artisans involved in the design and construction of a structure or project only during the construction period and only on the premises on which the construction is taking place.

(Code 1966, § 36-1301(151))

Ground sign is any sign placed upon, or supported by, the ground independently of the principal building or structure on the property. Signs on accessory structures shall be considered ground signs.

(Code 1966, § 36-1301(152))

Identification sign is a sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.

(Code 1966, § 36-1301(153))

See "sign, awning, canopy, and marquee."

(Code 1966, § 36-1301(154))

Mobile sign is a sign which is designed to be easily transported and is attached to a trailer or other nonmotive powered vehicle.

(Code 1966, § 36-1301(155))

Nameplate sign is a sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a professional status.

(Code 1966, § 36-1301(156))

See "sign, advertising."

(Code 1966, § 36-1301(157))

Pole sign is a sign that is mounted on a free-standing pole, the bottom edge of which sign is six (6) feet or more above ground level.

(Code 1966, § 36-1301(158))

Projecting sign is a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building

(Code 1966, § 36-1301(159))

Real estate sign is a sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon.

(Code 1966, § 36-1301(160))

Roof sign is a sign erected, constructed and maintained wholly upon or over the roof of a building and having the roof as the principal means of support.

(Code 1966, § 35-1301(161))

Wall sign is a sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building.

(Code 1966, § 36-1301(162))

Small animal hospital is a facility for the medical and surgical treatment of ordinary household pets, such as dogs, cats, birds, and the like, excluding however, horses, donkeys, burros, goats, sheep, or other similar animals or pets not capable of being cared for entirely within the confines of a residence.

(Code 1966, § 36-1301(163))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-782.1 in its entirety. Former § 42-782.1 pertained to the definition of "start of construction," and derived from Ord. No. 86-9119, adopted February 3, 1986; Ord. No. 87-9184, adopted May 11, 1987; and Ord. No. 95-9524, adopted August 10, 1992.

Accessory storage structure is a structure accessory to a single-family or duplex residence located on the same zoning lot, not designed for human habitation and used for storage of personal belongings. The term garage shall not include agricultural buildings.

(Ord. No. 11-10601, 5-2-11)

Non-accessory storage structure is a structure, not accessory to a single-family or duplex residence located on the same zoning lot, not designed for human habitation, and used for the storage of the personal belongings of the owner and not for the storage of equipment, vehicles, materials, supplies, or products used in a commercial enterprise or business. This term shall not include agricultural buildings.

(Ord. No. 11-10601, 5-2-11)

Structure is anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, sheds, towers, and bins. For purposes of this chapter, residential air conditioning condensation units and similar cooling system apparatus, or so-called "window" or "room" conditioners shall not be considered as structures.

(Code 1966, § 36-1301(164); Ord. No. 86-9119, § 5, 2-3-86; Ord. No. 87-9184, § 4, 5-11-87; Ord. No. 18-10939, § 2, 6-11-18

Subdivision is any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots for the purpose of offer, sale, lease or development. Subdivision includes the division or development of residential and non-residential zoned land.

(Code 1966, § 36-1301(165))

Subdivision regulations are the official subdivision regulations of the city, together with all amendments thereto, adopted pursuant to Kansas Statutes Annotated, section 12-705.

(Code 1966, § 36-1301(166))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former §§ 42-785.1 and 42-785.2 in their entirety. Former § 42-785.1 and 42-785.2 pertained to the definitions of "substantial improvement" and "substantial damage" respectively. Former § 42-785.1 derived from Ord. No. 86-9119, adopted February 3, 1986; and Ord. No. 92-9524, adopted August 10, 1992. Former § 42-785.2 derived from Ord. No. 92-9524, adopted August 10, 1992.

Tattoo parlor/body piercing studio is an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

(Ord. No. 08-10453, § 5, 7-7-08

Editor's note— Ord. No. 01-10056, § 7, adopted September 24, 2001, repealed § in its entirety. Formerly said section pertained to the definition of tavern and derived from Code 1966, § 36-1301(167).

Temporary use is a use permitted in the zoning district subject to a specific time limit; unless otherwise specified in these regulations, a time period not to exceed two (2) years.

(Code 1966, § 36-1301(168))

Tobacco shop is free standing business establishment for which more than fifty (50) percent of the gross floor area is devoted to the display and sale of tobacco products, including electronic cigarettes and related accessories. Related accessories include any apparatus, equipment or instrument used for smoking tobacco and/or inhaling vapor from nicotine enriched solutions and/or the burning or vaporizing of controlled substances.

(Code 1966, § 36-1301(168); Ord. No. 14-10746 § 1, 8-11-14 )

Topper is a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof and sides and designed to be loaded onto and unloaded from the bed of a pickup truck. (See "recreational vehicle.")

(Code 1966, § 36-1301(169))

Trailer is a vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo or property.

(Code 1966, § 36-1301(170))

Travel trailer is a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size or weight as not to require special highway movement permits when drawn by an authorized vehicle, and with a living area of less than two hundred twenty (220) square feet, excluding built-in equipment (such as wardrobes, closets, cabinets, kitchen units or fixtures) and bath and toilet rooms. (See "recreational vehicle.")

(Code 1966, § 36-1301(171))

Truck camper is a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof and sides and designed to be loaded onto and unloaded from the bed of a pickup truck. (See "recreational vehicle.")

(Code 1966, § 36-1301(172))

Editor's note— Ord. No. 18-10939, § 1, adopted June 11, 2018, amended the Code by repealing former § 42-792 in its entirety. Former § 42-792 pertained to the definition of "undue restriction of the regulatory flood," and derived from the Code of 1966, § 36-1301(173).

Use is any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

(Code 1966, § 36-1301(174))

Use regulations are the provisions of this chapter which identify permitted and conditional uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.

(Code 1966, § 36-1301(175))

Variance is a grant of relief to a person from the requirements of this chapter which permits construction and/or development in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

(Ord. No. 86-9119, § 2, 2-3-86)

Vision clearance area is a triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in this chapter. The third side of the triangle is a line across the corner of the lot joining the ends of the other two (2) sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

(Code 1966, § 36-1301(176))

Cross reference— Obstructing visibility at intersections, §§ 35-51 et seq., 42-81.

See "sign, wall."

(Code 1966, § 36-1301(177))

Wholesale sales are the sale of goods, merchandise and commodities for resale.

(Code 1966, § 36-1301(178))

See "lot width."

(Code 1966, § 36-1301(179))

Wind energy conversion system (WECS) means any device such as wind generator, wind charger, windmill or wind turbine which converts wind energy to another form of useable energy.

(Ord. No. 81-8875, § 1, 9-14-81)

Wrecking yard (auto salvage yard, automobile graveyard) is any area of land, with or without buildings, upon which two (2) or more motor vehicles of any kind which are inoperable and/or unlicensed are stored for the purpose of collecting, crushing, dismantling or salvaging vehicles or parts thereof for recycling or resale. (See junkyard, salvage yard).

(Ord. No. 07-10386, § 2, 5-7-07)

Yard is open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for permitted obstructions.

(Code 1966, § 36-1301(180))

Front yard is a yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. On a corner lot or a double or reverse frontage lot, each yard that abuts a front lot line shall be considered a front yard.

(Code 1966, § 36-1301(181))

Rear yard is a yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard. In the case of a corner lot, there shall be no rear yard as defined, and in such case the sides opposite the street sides shall be considered as side yards for setback purposes.

(Code 1966, § 36-1301(182))

Side yard is a yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of this chapter refer to the required width of each side yard rather than to the width of both side yards, unless otherwise specified.

(Code 1966, § 36-1301(183))

YMCA, YWCA, Boy Scouts, Girl Scouts, Campfire Girls and other similar groups are associations formally organized for a common purpose, or interest, and operated not for profit for persons who are bona fide members, which own, hire, or lease premises, the use of which premises is primarily utilized for the promotion of the common purpose or interest of the association. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. No alcoholic beverages may be served or sold on the premises.

(Code 1966, § 36-1301(184))

See "lot, zoning."

(Code 1966, § 36-1301(185))

Zoning regulations are the official zoning regulations of the city together with any and all amendments adopted pursuant to Kansas Statutes Annotated section 12-107, et seq.

(Code 1966, § 36-1301(186))