Revised April 11, 2003

Wichita-Sedgwick County Metropolitan Area Planning Department

1.

General. The Delano Neighborhood Overlay District encompasses one of the oldest and most well established neighborhoods in the City of Wichita. The Delano Neighborhood Design Guidelines contained herein are to be used in conjunction with the Delano Neighborhood Overlay District. Alterations shall be respectful of the character of one of Wichita's earliest commercial and residential districts.

The architectural vernacular of the Delano neighborhood changes throughout the neighborhood. With regard to residential architecture, the primary historical architectural styles are Bungalow, Cottage, Minimal Traditional, Four Square, Dutch Colonial, National, Queen Anne and Craftsman. Commercial development consists of architectural styles typically constructed between the early 1900's and the 1950's. The major institutional facilities within the district demonstrate the architectural styles known as Mission and Richardsonian Romanesque. The architecture of the Delano Neighborhood represents a cross section of some of the more respected styles in recent history.

2.

Definitions. The following definitions shall apply specifically to the Delano Neighborhood Overlay District.

a.

Alterations shall mean any construction or renovation to an existing structure other than repair or painting.

b.

Architectural Character shall mean the basic detailing, architectural rhythm, architectural style, appearance and historic period of a building or group of buildings or structures, including the site and landscape development.

c.

Architectural Detailing shall mean the exterior placement and/or construction of the different architectural features including all horizontal or vertical surfaces.

d.

Architectural Elements see Architectural Feature.

e.

Architectural Feature shall mean a prominent or significant part or element of a building, structure, or site. Architectural features may include special lines, massing, projections, recesses, and texture.

f.

Architectural Style shall mean the characteristic form and detail of buildings of a particular historic period.

g.

Bays shall mean a regularly repeated spatial element, defined by beams or ribs and their supports, within a structure.

h.

Composition shall mean the assemblage of architectural features and details of a specific architectural style, or the use of materials that are based upon specific examples found in an area or time period.

i.

Emergency Repairs shall mean any and all repairs necessary to create a watertight building or structure due to a recently occurring natural disaster, including but not limited to a flood, tornado, lightning, or hail.

j.

Façade shall mean that portion of any exterior elevation on the building extending from grade to the parapet, wall, or eaves and the entire width of the building elevation that faces a public street, alleys excluded.

k.

Lines shall mean visual elements of the building, either within the façade or on the building edge, which are in a linear form either horizontally or vertically and may be composed of masonry, glass, or other related materials.

l.

Mass shall pertain to the volume, bulk of a building or structure.

m.

Projections shall mean items such as sills, eaves, cornices, canopies, porches, and chimneys.

n.

Recesses shall mean portions of the building both in the horizontal and vertical planes that are setback from the building wall either for pedestrian articulation, to provide space for windows and/or doors or to create special architectural detailing.

o.

Rhythm shall mean the recurrence at regular or uniform intervals of features especially windows, masonry, textures, etc. within a building.

p.

Scale shall mean a proportional relationship of the size of parts to one another and to the human figure.

q.

Texture shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse and unfinished.

3.

Design standards.

a.

General appearance.

(1)

Architectural features shall be retained and building designs shall be compatible with the district's historical architectural character by coordinating style, architectural detailing, materials and scale with the original buildings in the district.

(2)

All remodeling or rehabilitation of exteriors shall ensure the visual integrity of the building and be compatible with the overall architectural character of the district.

(3)

Building additions and accessory buildings shall be compatible in appearance with the principal building.

(4)

Detached garages, carports and other accessory structures shall be subordinate (smaller) to the primary structure with regard to height, scale and mass, and shall be situated in a manner that is typical of the neighborhood.

b.

Landscaping. Development within the D-O district shall be subject to the provisions of the City of Wichita Landscape Ordinance. Exemptions in that Ordinance for property zoned LI-Light Industrial or GI-General Industrial are not applicable in the D-O district.

c.

Lighting. Any period street lighting used in the commercial segment of the Douglas Avenue street right-of-way (McLean to Vine) shall be continued through the residential segment of the Douglas Avenue street right-of-way (Vine to Meridian).

d.

Setbacks.

(1)

General. All buildings shall be set back from the street uniformly to present a continuous façade line along the street, except that minor recesses or projections for entries, arcades and similar elements may be acceptable. Where a continuous façade line is not available, structures shall be setback and aligned with the most common existing setback line along the street.

(2)

Seneca Street. A landscaped, building setback of 10 feet shall be required on all Seneca Street frontages between Kellogg and Texas Street, and between Mc Lean and the abandoned UP Rail Corridor Greenway. New buildings on Seneca between Texas (one block south of Douglas) and the abandoned UP Rail Corridor Greenway (one block north of Douglas) shall have the building face set on the property line.

(3)

McLean Boulevard. A landscaped, building setback of 20 feet shall be required on all properties abutting McLean Boulevard. Buildings over two stories in height shall have an additional 10 feet of landscaped setback for each story, up to 50 feet.

(4)

Douglas Avenue (from McLean to Vine). New commercial buildings on Douglas between McLean and Vine shall have the building face set on the property line.

e.

Signs.

(1)

General. Signage within the D-O district shall be subject to the provisions of Chapter 24.04 of the Code of City of Wichita, as well as the following requirements:

(a)

All signs, including window signs, must be approved as to design, color, materials, placement, method of attachment, method of illumination (if applicable) and compatibility with building structure and surrounding area.

(b)

Illuminated signs (excepting neon) shall not contain flashing or moving elements or change its brightness. However, digital time and temperature signage shall be allowed.

(c)

Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed.

(d)

The use of a fluorescent color on a sign is prohibited.

(e)

The use of incandescent bulbs or neon lighting is permitted and encouraged.

(f)

No sign or any part of a sign may move or rotate, with the exception of a wind device, the motion of which is not restricted.

(g)

Letterforms shall not be overly intricate nor of overtly modern styling. Suitable letter forms include, but are not limited to, the following: Helvetica, Helvetica Medium, Univers 55, Univers 65, Optima, Optima Semi-bold, Melior, Craw Clarendon, American Typewriter Medium.

(h)

Logos and symbols may be incorporated into signage, but must otherwise conform to the criteria contained in these guidelines.

(2)

Building or wall signs.

(a)

Building signs shall be located so as not to dominate the building, or cover windows or moldings. Signs shall emphasize architectural elements and not obscure architectural details.

(b)

No more than one temporary on-site sign may be displayed on a premise at any given time.

(c)

Window signs shall be painted or gold-leafed directly on windows. Window signs and temporary on-site signs attached to or painted on a window may not cover more than 25 percent of the window surface area (window sign decals are exempted).

(d)

Painted signs shall be placed in bands within the space above or below windows.

(3)

Pole and ground signs.

(a)

No pole or ground sign shall have an effective area greater than 32 square feet. A pole sign shall have a maximum height of 16 feet above the ground.

(b)

Portable signs shall be limited to unlit A-frame signs with a maximum height of four feet.

(c)

and a total area of 12 square feet. Such signs shall require a minor street permit and shall not obstruct pedestrian traffic nor impede vehicular traffic. No more than one portable sign may be displayed on a premise at any given time.

(4)

Canopy signs. All canopy signs shall be subject to the provisions of Chapter 23 (for awnings, canopies and marquees) of the Code of the City of Wichita, as well as the following requirements:

(a)

No canopy sign shall project vertically above the surface of the canopy or awning.

f.

Non-residential & mixed-use development. These criteria apply specifically to the "Commercial Mixed-Use," "Educational Institutions," "Institutional Uses," "Public Greenways" and "Recreation/Sports Facilities" areas as depicted on Page 26, Figure 15 of the Delano Neighborhood Revitalization Plan. These criteria shall also apply to all properties adjoining the north side of Douglas Avenue between McLean Boulevard and Seneca Street, and the east side of Seneca Street from Kellogg to McLean Boulevard.

(1)

General.

(a)

Conversion of the second floors of existing two story structures to residential use and/ or office uses is encouraged.

(b)

Upper floors of structures with windows shall utilize decorative features such as displays, curtains and other materials to enhance the appearance of the overall structure. Windows shall not carry the appearance of vacancy or deterioration.

(c)

Roofs on commercial buildings shall have parapets, and shall not have a visible pitch.

(d)

Buildings shall not be allowed to have visible metal walls that are not visually compatible with the architectural character of the surrounding area.

(e)

All openings in the façade of a building (windows, doorways, etc.) shall be proportioned to reflect pedestrian scale and designed in a manner that encourages interest at the street level. Main or primary entrances to buildings must be delineated through the use of architectural detailing appurtenant to the architectural style of the building. The main or primary entrances shall be oriented toward the front or side street setback.

(f)

Awnings or canopies shall be made of canvas, cloth or metal material.

(g)

Mechanical or electrical equipment and trash receptacles shall be hidden or screened from street level view.

(h)

Planter boxes and screening walls shall be compatible with the primary structure.

(i)

Primary façades fronting a public street and consisting of brick or masonry (excluding cinder block) shall not be painted if they have not previously been painted.

(2)

Parking.

(a)

Off-street parking and service areas shall be at the rear or side of the building, and shall have three to four feet high screening and a six feet wide landscaped buffer adjacent to any public street. Screening shall consist of brick, ornamental ironwork or a poured-in-place masonry wall that is visually compatible with the architectural character of surrounding buildings, or any combination thereof.

(b)

No new parking areas shall be established adjacent to or with frontage on Douglas Avenue or University Avenue (east of Hiram Street).

(3)

Douglas Avenue (from McLean to Vine).

(a)

In-fill structures shall be either one or two story, with common walls. One additional story (third story) may be built provided it is set back from the front façade a minimum of 20 feet.

(b)

If a single story structure is built, the roof structure shall be designed to enable the addition of a second floor, or the use of the roof as a patio/roof garden.

(c)

Commercial buildings along Douglas Avenue shall have primary or main façades that are divided into distinct modules that are no longer than 50 feet.

g.

Residential development. These criteria apply specifically to the "Single Family Residential" and "Multi-Family Residential" areas as depicted on Page 26, Figure 15 of the Delano Neighborhood Revitalization Plan.

(1)

Fencing in front yards adjoining a public street shall be wrought iron (five feet height limit), wooden or high density polyethylene picket fencing or fencing of a similar period style, or chain link fencing and shall be no more than four feet in height. Stone or brick walls are permitted, subject to the four feet height limitation, provided they are compatible with the material of the primary structure. Fencing in side yards adjoining a public street (not including alleys) shall be of materials identical to that allowed in the front yard but shall also include the option of wooden privacy fencing. Fence height in a side yard adjoining a public street shall be limited to six feet.

(2)

Porches, when utilized, shall be oriented toward the primary street frontage in an architectural style compatible with the primary structure.

(3)

Decks, when utilized, shall be adjacent on a façade of the primary structure not facing a public street.

(4)

Wheelchair accessible ramps, when used, shall be constructed with materials that are compatible with the primary structure; and shall be landscaped for reasons of safety and aesthetics if deemed necessary.

(5)

At least 60 percent of any yard area abutting a public street shall be comprised of live plant material.

(6)

Within the "Multi-Family Residential" area adjacent to Kellogg as depicted on Page 26, Figure 15 of the Delano Neighborhood Revitalization Plan, the following shall also apply:

(a)

Buildings shall be sited with zero lot line side yard setbacks.

(b)

Buildings shall be two to three stories in height, and shall contain no more than four dwelling units.

(c)

Exteriors of structures shall be compatible with adjacent residential buildings with regard to materials and architectural details, and shall reflect the architectural style, character and features depicted on Page 36, Figure 16 of the Delano Neighborhood Revitalization Plan.

4.

Review of Design Guidelines. Every six months following the adoption of the Delano Neighborhood Overlay District, the Delano Neighborhood Design Guidelines shall undergo a formal review and evaluation by staff regarding its effectiveness and the need for amendment or change.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agricultural activities means the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products or for the purpose of raising livestock, poultry, or dairy products.

County means all of the county other than the land areas within cities.

Inoperable vehicle means any vehicle that is unable to operate or move under its own power. This term shall also mean any vehicle that is in an abandoned, wrecked, dismantled, scrapped, junked or partially dismantled condition which includes having uninflated tires, no wheels, or lacking other parts necessary for the normal operation of the vehicle. It shall also mean any vehicle that because of mechanical defects, a wrecked or partially wrecked frame or dismantled parts, cannot be operated in a normal and safe manner. An inoperable vehicle shall not include vehicles that need only the installation of a battery or the addition of fuel to operate.

Property means any real property within the county which is not a street or highway.

Recycling facility means a fixed location that utilizes machinery and equipment for processing only recyclables, and is licensed as a solid waste processing facility pursuant to K.S.A. 65-3401 et seq.

Salvage material means material, including but not limited to, scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, playground equipment, old or used machinery of any type, used tools, used appliances, used fixtures, used furniture, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, used automotive parts, used tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.

Salvage yard means any property licensed by the state of Kansas for operation as a salvage yard pursuant to K.S.A. 8-2401 et seq. and amendments thereto.

Solid waste means garbage, refuse and other discarded materials including, but not limited to, solid, semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, commercial, agricultural and domestic activities. Solid waste does not include hazardous wastes as defined by subsection (f) of K.S.A. 65-3430, and amendments thereto, recyclables or the waste of domestic animals as described by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.

Weeds or other noxious vegetation means all grasses over eighteen (18) inches in height included in the family Gramineae; and noxious weeds such kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), Johnson grass (Sorghum halepense), and poison ivy/oak/sumac (Toxicodendron). This term does not include grasses and other vegetation, excluding noxious weeds, that are utilized for agricultural activities, conservation practices, landscaping, gardening or xeriscape purposes as approved by the director of code enforcement.

(Res. No. 213-00, § 1, 12-20-00; Res. No. 56-01, § 1, 4-25-01)

(a)

It is unlawful for any person to maintain, or permit to be maintained, any activity or condition described in this section, in the county.

(1)

To the extent they constitute a threat to the health or safety of any person:

a.

Open basement structures, excavations, swimming pools, storm cellars, industrial tanks, or other excavations or structures;

b.

Outdoor storage of salvage material, except as follows:

1.

At a salvage yard or recycling facility; or

2.

Building materials if they are to be used within one hundred eighty (180) days for construction on the property they are stored, if accompanied by an occupancy or building permit;

c.

Minor auxiliary or accessory buildings or structures such as privies, sheds, barns, garages, toolhouses, vacant houses or commercial structures, which have become so dilapidated or deteriorated as to constitute a threat to any person's health or safety;

d.

Sources of danger for children through entrapment in areas of confinement that cannot be opened from the inside, through a danger of the item falling or turning over, or through possible injury from exposed surfaces of metal, glass or other rigid materials;

e.

Existing or potential breeding grounds or habitat of rats, mice, snakes, mosquitoes or other vermin, rodents, insects or other disease vectors, or areas used for the storage, harboring, caging or dwelling of any animal of any kind;

f.

Heavy growth of weeds or other noxious vegetation;

g.

Storage of solid waste, including bulky waste, or storage of combustible or hazardous materials;

h.

Potential sources of contamination of the soil from petroleum products or other toxic liquids being discharged or leaking from the item;

i.

Any item that due to its defective, deteriorated or obsolete condition in any way constitutes a threat to any person's health or safety; or

j.

Any other activity or condition of like character that constitutes a threat to the health or safety of any person.

(2)

Inoperable vehicles parked or stored or left on any private property in the county, unless such vehicles are completely enclosed within a building, unless the parking or storing of such vehicles is necessary to the operation of a lawful business or commercial enterprise.

(b)

Subsections (a)(1)e. and (a)(1)f. of this section shall not apply to composting activities conducted in such a manner as to comply with applicable federal, state, and local regulations.

(c)

Subsections (a)(1)b. and (a)(2) of this section shall not apply to salvage material or inoperable vehicles that are used for or in connection with agricultural activities, or if the following standards apply:

(1)

The inoperable vehicles or salvage material are the personal property of the owner or occupant of the property;

(2)

The owner or occupant of the property must comply with the Junkyard and Salvage Control Act, K.S.A. 68-2201 et seq.

(3)

All areas used for the storage of inoperable vehicles or salvage material are screened in such a manner that the vehicles are not visible from ground level view from the street or neighboring property, as follows:

a.

Screening may be provided by decorative fencing or walls, evergreen vegetation, or landscaped earth berms, and shall be not less than six (6) feet in height. Fences or walls shall not have cracks and openings in excess of five (5) percent of the area of such fence or wall, and shall not be more than eight (8) feet in height. Landscaped earth berms must be placed in such a manner as to have a slope sufficient for mowing.

b.

Screening fences and walls shall be constructed of standard building materials customarily used for fence and wall construction such as brick, stone, concrete masonry, stucco, concrete, or wood, and shall be of neutral color so as to not be visually obtrusive.

c.

If adequate screening exists on either side of property line that meets or exceeds the standards of this section, additional screening shall not be required. However, if at any time the existing screening fails to meet the requirements of this section, compliance must be obtained by the property owner.

(4)

All inoperable vehicles or salvage material must be properly screened behind the front setback, which is the area between the primary residence or structure and the street right-of-way line of the property; provided that for purposes of this subsection, the maximum distance of the front setback shall be one hundred (100) feet from the street right-of-way.

(Res. No. 213-00, § 1, 12-20-00; Res. No. 56-01, § 1, 4-25-01)

(a)

This article is enforceable under chapter 8. Any code enforcement officer or law enforcement officer being duly authorized and having jurisdiction in the county may issue a uniform complaint and notice to appear in county court to any person violating any provision of this article.

(b)

Violations of this article are punishable as provided for in section 1-8.

(c)

Violations listed in section 19-22(a) are class F violations as described in section 8-5(a).

(Res. No. 213-00, § 1, 12-20-00; Res. No. 56-01, § 1, 4-25-01)

Nothing in this article shall be construed to limit or forbid the county or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this article.

(Res. No. 213-00, § 1, 12-20-00; Res. No. 56-01, § 1, 4-25-01)