1.

Meaning and intent. All provisions, terms, phrases and expressions contained in this Wichita-Sedgwick County Unified Zoning Code shall be construed in accordance with the purposes of this Code.

2.

Text. In case of any difference of meaning or implication between the text of this Code and any drawing or figure, the text shall control.

3.

Computation of time. The time within which an act is to be completed shall be computed by excluding the first day and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded.

4.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

5.

Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

6.

Public officials, bodies and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Wichita or of Sedgwick County, as applicable, unless otherwise indicated.

7.

Mandatory and discretionary terms. The word "shall" is always mandatory. The word "may" is permissive.

8.

Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:

"and" indicates that all connected items, conditions, provisions or events shall apply; and

"or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

9.

Tense, number and gender. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular, as the context and application of this Code may reasonably suggest. Words of one gender shall apply to persons, natural or fictitious, regardless of gender, as the context and application of this Code may reasonably suggest.

For the purposes of this Code, words and terms defined in this section shall be given the meanings set forth here. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest.

In case of a dispute over the meaning of a term not defined here or over the application of a definition set forth here, the Zoning Administrator shall give a written interpretation in accordance with Sec. V-H.

The intent of this Code is to capitalize or enclose in quotations the defined terms, but in those situations where this capitalization or punctuation is omitted, this does not override construing these terms in accord with their defined meanings.

1.

Letter "A"

a.

Abut means touching, adjoining or Contiguous; as distinguished from lying near to or Adjacent.

b.

Accessory Apartment means an Accessory Use Dwelling Unit that may be wholly within, or may be detached from, a principal Single-Family Dwelling Unit. See also Sec. III-D.6.a.

c.

Accessory Structure and Accessory Use means a Use or Structure that is subordinate to and serves a Principal Use or Structure; is subordinate in purpose to the Principal Use or Structure served; contributes to the comfort, convenience or necessity of occupants of the Principal Use or Structure served; and is located on the same Zoning Lot as the Principal Use.

d.

Accident Potential Zone means land area identified by the Air Installation Compatible Use Zone Study (AICUZ), McConnell Air Force Base, Kansas, (January, 1987) to be in significant danger of aircraft accidents by being beneath that airspace (take-off and approach paths) where the potential for aircraft accidents is most likely to occur.

e.

Adjacent means lying near or close to, neighboring, but not necessarily touching or Contiguous. For purposes of this Code, Adjacent is used in the context of nearby but not touching.

f.

Adjoin. See "Abut."

g.

Adult means a person 18 years of age or older.

h.

Agriculture 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. Agriculture also includes the roadside selling of products produced on land owned, leased or legally controlled by the producer (farmer, rancher, horticulturalist, viticulture, apiary or similar agricultural pursuits). The definition shall include, as a permitted Accessory use, the sale of nursery stock, firewood, Christmas trees and other plants and produce raised on-site. In the unincorporated County only, Agriculture shall also include an expanded range of uses which allows members of the general public, for recreational, entertainment or educational purposes, to view, participate or otherwise enjoy activities related to agricultural uses. Typical activities include, but are not limited to: Farmer's Market which permits the sale of agricultural products by other producers; U-pick-it activities; flower arranging; canning/cooking; gardening demonstrations; winery tours and tastings; corn mazes; agriculture related interpretive facilities; agricultural exhibits and tours; agriculturally related educational and learning workshops or experiences; horseback riding; non-commercial camping; bonfire/campfire themed events; service of food and beverages; hayrides; pumpkin patch sales and any other uses determined by the Zoning Administrator to be similar.

i.

Agricultural Processing means initial processing of agricultural products that is reasonably required to take place in close proximity to the site where they are produced. Typical uses include sawmills and packinghouses. Slaughterhouses are specifically excluded from this definition.

j.

Agricultural Research means the use of land and buildings for Agricultural Research and the cultivation of new agricultural products. This shall include greenhouses that are used for research purposes only.

k.

Agricultural Sales and Service means an establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, propane, butane, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services. This definition shall also include greenhouses that are used for wholesale and/or retail purposes.

l.

Airport Hazard Zone means an area of land or water where man-made Structures, trees or use of land can obstruct the airspace required for the flight of aircraft in landing and taking off at any Airport, as regulated by Appendix H of Sedgwick County Code and Chapter 28.08 of the Code of the City of Wichita.

m.

Airport or Airstrip means any landing area, runway or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary Buildings and Open Spaces. The term Airport or Airstrip does not include Heliport.

n.

Airport Overlay District ("AOD") means an additional level of zoning requirements providing an extra layer of protection for those parcels of lands within the Accident Potential Zones.

o.

Alley means a public right-of-way along the side of or in the rear of Lots intended to provide a secondary means of access to and from Streets and Lots.

p.

All-Weather Surface means, unless otherwise specified, a surface consisting of concrete, asphaltic concrete, asphalt, brick, gravel not less than 1/2-inch in diameter and four inches thick or other comparable material treated to prevent dust and overgrowth.

q.

Alteration, Structural means any change that would tend to prolong the life of the supporting members of a Building or Structure, such as bearing walls, columns, beams or girders.

r.

Animal Care, General means a use providing veterinary services for large animals, and that may include small animals (household pets), and for which boarding facilities may also be provided.

s.

Animal Care, Limited means a use providing veterinary services for small animals (household pets) for which there are no outside animals runs, and for which boarding facilities may also be provided.

t.

Asphalt or Concrete Plant, General means an establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

u.

Asphalt or Concrete Plant, Limited means a temporary establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products for use on a government funded construction project.

v.

Assisted Living means Dwelling Units used by adult persons needing or desiring assistance with day-to-day living matters, and may include supervised nursing care, and where skilled nursing care is not prohibited but is provided on an intermittent or limited term basis, or if limited in scope, a regular basis. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents, state-licensed residential health care facilities not attached to a Nursing Facility and state-licensed intermediate care facility for the mentally retarded. The term Assisted Living does not include Group Home, Group Residence, Hospital or Nursing Facility.

w.

Auditorium or Stadium means an open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

x.

Automated Teller Machine ("ATM") means a mechanized consumer banking device operated by a Financial Institution for the convenience of its Customers, whether outside or in an access-controlled facility. ATMs located within a Building shall be considered accessory to the Principal Use unless the ATM is likely to be an independent traffic generator.

y.

Automobile See "Vehicle, Motor."

z.

Automotive Repair, Major. See "Vehicle Repair, General."

aa.

Automotive Repair, Minor. See "Vehicle Repair, Limited."

2.

Letter "B"

a.

Bank or Financial Institution means an establishment engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. Bank or Financial Institution also includes ATMs.

b.

Bar. See "Tavern and Drinking Establishment."

c.

Basement means a portion of a Building that is wholly or partly below grade, the ceiling of which is less than four feet above grade.

d.

Basic Industry means an establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage or manufacturing processes that involve or have the potential to involve commonly recognized offensive conditions. Typical uses include fat rendering plants; poultry and rabbit dressing; pulp processing and paper products manufacturing; stockyards; slaughterhouses; steel works; tanneries; acid manufacture; cement, lime, gypsum, or plaster of Paris manufacture; distillation of bones; fertilizer manufacture; garbage, offal or dead animals incineration, reduction or dumping; glue manufacture; gas manufacture; and petroleum refineries.

e.

Bed and Breakfast Inn means the use of an owner-occupied or manager occupied residential Structure to provide rooms for temporary lodging or lodging and meals for not more than 15 Transient Guests on a paying basis. See Transient Guest in 13.f. herein. In the City of Wichita only, a Bed and Breakfast Inn shall be considered a Short Term Rental in the City.

f.

Board of Zoning Appeals means the board or boards appointed by the governing body of the City or the County.

g.

Broadcasting or Recording Studio means an establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film or sound recording studios.

h.

Building means a Structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, horticultural products, animals or chattels. When separated by division walls from the ground up without openings, each portion of such Building shall be considered a separate Building with separate occupancy requirements.

i.

Building, Main means the Building on a Lot in which the Principal Use of the Lot is conducted.

j.

Buildings, Unit Group of means two or more Buildings (other than Dwelling Units) grouped upon a lot and held under one ownership.

k.

Building Code means those regulations of Title 18 Building Code of the Code of the City of Wichita or Chapter 6 of the Sedgwick County Code, or as applicable, sections in the Wichita-Sedgwick County Unified Building and Trades Code.

l.

Building Line or Building Setback Line means the exterior face of a wall of an existing Structure or the limits to which an exterior face of a wall of a proposed Structure may be built, but shall not include the face of one Story unoccupied gable roofed areas over open Porches, entrances or like appendages.

m.

Building Permit means any permit required to be obtained pursuant to the Building Code to construct, enlarge, alter, repair, move, demolish or change the occupancy of a Building or Structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any such work to be done for which a permit is required pursuant to the Building Code.

3.

Letter "C"

a.

Car Wash means an establishment engaged in cleaning or detailing Motor Vehicles, whether self-service or automated. A Car Wash is subject to the special provisions of Sec. III-D.6.f whether it is a Principal Use or an Accessory Use.

b.

Cemetery means land used or intended to be used for burial of the dead, whether human or animal, including a mausoleum or columbarium. A Funeral Home may be included as an Accessory Use to a cemetery.

c.

Child means a person less than 18 years of age.

d.

Church or Place of Worship means a premises or Site used primarily or exclusively for religious worship and related religious services or established Place of Worship, convent, seminary or similar facility owned or operated by a bona fide religious group for religious activities.

e.

City means the City of Wichita, Kansas, unless the context clearly indicates that another city is being referenced.

f.

Club, Class A means premises owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the Director of Alcoholic Beverage Control of the Kansas Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them.

g.

Club, Class B means premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for food, alcoholic beverages or entertainment.

h.

Community Assembly means an establishment providing meeting, recreational, educational, cultural, or social facilities for a private membership or non-profit association, primarily for use by members and guests. Typical uses include fraternal organizations, Class A Clubs, philanthropic and eleemosynary institutions, private museums, art galleries, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.

i.

Comprehensive Plan means Preparing for Change: The Wichita-Sedgwick County Comprehensive Plan, as adopted by the Sedgwick County Board of Commissioners and the Wichita City Council in June 1993, the 2005 Update to the Wichita-Sedgwick County Comprehensive Plan: Preparing for Change, as adopted by the Sedgwick County Board of Commissioners and Wichita City Council in May 2005, and as amended from time to time.

j.

Conditional Use means a use allowed in accordance with procedures and standards of Sec. V-D of this Code.

k.

Construction Burn Site, General is a location where clean tree waste that is created as a result of accepted construction industry practices of clearing a property prior to development, or as a result of a construction project, such as the installation, replacement or repair of sewer, water, drainage, paving or other similar development activities, is permitted to be burned under controlled circumstances four or more times a year. Clean tree waste is defined as trunks, branches and attached leaves of woody perennial plants typically characterized by a main or multiple trunks that support branches and leaves. Lumber, sheet rock, yard waste (grass clippings, loose leaves), insulation, or other material normally disposed of at a construction and demolition or municipal solid waste landfill is not permitted to be burned or disposed of at a commercial burn site. Construction Burn Site, General does not include a construction and demolition or a municipal solid waste landfill.

l.

Construction Burn Site, Limited is a location where clean tree waste that is created as a result of accepted construction industry practices of clearing a property prior to development, or as a result of a construction project, such as the installation, replacement or repair of sewer, water, drainage, paving or other similar development activities, is permitted to be burned under controlled circumstances three or less times a year. Clean tree waste is defined as trunks, branches and attached leaves of woody perennial plants typically characterized by a main or multiple trunks that support branches and leaves. Lumber, sheet rock, yard waste (grass clippings, loose leaves), insulation, or other material normally disposed of at a construction and demolition or municipal solid waste landfill is not permitted to be burned or disposed of at a commercial burn site.

Construction Burn Site, Limited does not include a construction and demolition or a municipal solid waste landfill.

m.

Construction Equipment means equipment used in the construction and/or maintenance of Buildings or other Structures and/or grounds.

n.

Construction Sales and Service means an establishment engaged in the retail or wholesale sale of materials used in the construction and/or maintenance of Buildings or other Structures and/or grounds, as well as the Outdoor Storage of Construction Equipment or materials on Lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction and trade contractors' storage yards, landscape installation and/or maintenance services and pest extermination services.

o.

Contiguous means touching along boundaries, adjoining, bordering, or next to but not necessarily touching, but with nothing similar intervening.

p.

Convenience Store means an establishment, engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use and may include a Car Wash as an Accessory Use, but shall not include Motor Vehicle Repair. See also "Car Wash."

q.

Correctional Facility means a facility providing housing and care for individuals confined for violations of law. Typical uses include jails, prisons and juvenile detention centers.

r.

Correctional Placement Residence means a facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations: (1) prior to, or instead of, being sent to prison; (2) received a conditional release prior to a hearing; (3) as a part of a local sentence of not more than one year; (4) at or near the end of a prison sentence, such as a state operated or franchised work release program, or a privately operated facility housing parolees; (5) received a deferred sentence and placed in facilities operated by community corrections; or (6) require court ordered guidance services for alcohol or chemical dependence. Such facilities will comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they will meet licensure requirements that further specify minimum service standards.

s.

Correctional Placement Residence, General means a facility occupied by more than 15 individuals, including staff members who may reside there.

t.

Correctional Placement Residence, Limited means a facility occupied by three to 15 individuals, including staff members who may reside there.

u.

County means unincorporated Sedgwick County, Kansas, unless the context clearly indicates that another meaning is intended.

v.

County Engineer means the official appointed by the Governing Body of Sedgwick County as County Engineer pursuant to K.S.A. 68-501.

w.

Cultural Group. See "Community Assembly" or "Parks and Recreation."

4.

Letters "D" through "F"

a.

Day Care means an establishment that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than 24 hours per day. The term does not include the following: (1) kindergartens or nursery schools or other daytime programs operated by public or private Elementary, Middle and High Schools or institutions of higher learning; (2) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; (3) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations; or (4) a "preschool" operated by a Church or Place of Worship as an accessory use and that is not leased to another group to operate and that meets the Kansas Department of Health and Environment regulations as a "preschool."

b.

Day Care, General means a Day Care center that provides care, protection and supervision for more than 12 individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees, or a Day Care center for 12 or fewer individuals at any one time that is not operated as a Home Occupation.

c.

Day Care, Limited means a Day Care center operated as a Home Occupation that provides care, protection and supervision for no more than 12 individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees.

d.

Day Reporting Center means a facility that provides nonresidential community supervision services to individuals or offenders who are under supervision of a court and any of whom are required to report to the facility for three or more days per week for six or more hours per day.

e.

Development means any activity for which a permit is required to be obtained from the Zoning Administrator.

f.

District means zoning district.

g.

Dog, Adult means a dog over 12 months of age.

h.

Drinking Establishment. See "Tavern and Drinking Establishment."

i.

Duplex means the use of a Lot for two principal Dwelling Units within a single Building.

j.

Dwelling Unit means a Building or portion of a Building that contains living facilities for not more than one Family and that includes provisions for sleeping, cooking, eating and sanitation.

k.

Energy Generating Structure means a device or Structure designed to capture and utilize the wind's force to create a usable form of energy.

1.

Entertainment Establishment(s) in the City means any person or entity that provides entertainment as defined by Chapter 3.30 of the Code of the City of Wichita, any person or entity that provides a venue for any such entertainment, or any establishment located in the City that provides entertainment, which may include the provision of dancing by employees or patrons, and where cereal malt beverage or alcoholic liquor are offered, consumed or served to the public or its members, and which may or may not serve food. When the Entertainment Establishment(s) in the City qualifies as an "Adult Entertainment Establishment" under Chapter 3.05 of the Code of the City of Wichita, its Uses shall be governed in this Code by the requirements for "Sexually Oriented Business in the City." The term "Entertainment Establishment(s) in the City" does not include "Nightclub in the City."

m.

Event Center in the City means premises that are frequently rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled. The term "Event Center in the City" does not include Nightclub in the City.

n.

Event Center in the County means premises that are frequently rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled.

o.

Family means an individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a Dwelling Unit.

p.

Farmer's Market means an outdoor place or market area in the City of Wichita with a formalized location where more than one Kansas farmer or grower gathers to sell agricultural products they have grown or raised. Other activities and other sellers may be accommodated at the market, but the sale of agricultural products shall be the focal point of the market activity. Other products that may be sold would typically include dried flowers, crafts and handicrafts that are made in the home, original artwork and certain prepared foods, as approved by the City of Wichita Environmental Services Department or other applicable agency, such as baked goods, preserves, pickles and cheese.

q.

Fence means an artificially constructed barrier erected to enclose, screen or separate areas, constructed of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials.

r.

Floor Area means the area of all floor space allowed for occupancy included within the surrounding exterior walls of a Building or portion thereof, exclusive of vent shafts and courts. The Floor Area of a Building not provided with surrounding exterior walls shall be the usable area confined by structural support columns and a roof Structure under the horizontal projection of the roof or floor above. For purposes of computing the Floor Area for lot coverage or maximum building coverage when restricted under this Code only, open and/or unenclosed areas under the horizontal projection of the roof not exceeding a maximum width of ten feet from the exterior walls shall not be included in the calculation of Floor Area.

s.

Floor Area Ratio ("FAR") means the relative comparison of building area to land area that is determined by dividing total floor area of all buildings on a platted lot or tract by the total area of the lot or tract.

t.

Freight Terminal means a building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

u.

Funeral Home means an establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

5.

Letter "G"

a.

Garage, Private means a detached Accessory Structure or portion of a Principal Structure used or designed to be used for the Parking or temporary storage of Motor Vehicles, boats, Trailers or unoccupied Recreational Vehicles owned, leased, borrowed, etc. by the occupants of the premises, and wherein not more than one commercial vehicle per Dwelling Unit is parked and the permitted Commercial Vehicle does not exceed 26,000 pounds gross vehicle weight rating.

b.

Gas and/or Fuel, Storage and Sales means the use of a Site for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding below-ground storage that is clearly ancillary to an allowed Principal Use on the Site.

c.

Golf Course means a tract of land developed for the purpose of providing private and/or public golf recreation services and support facilities. Included within this definition shall be regulation Golf Courses, executive Golf Courses, par-three Golf Courses, and any combination thereof on a common tract of land. Specifically excluded shall be pitch and putt courses, independent driving ranges and miniature golf courses.

d.

Governing Body means the Board of County Commissioners in matters involving Sedgwick County, and the City Council in matters involving the City of Wichita.

e.

Government Service means Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

f.

Grain Storage means facilities for the warehousing of agricultural products. Typical uses include grain elevators.

g.

Gross Revenues means only that income derived from cereal malt beverages, alcoholic liquors and other food consumables.

h.

Group Home means a Dwelling Unit as defined in K.S.A. 12-736 as amended, and is occupied by not more than ten persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or the residents of the home, which Dwelling Unit is licensed by a regulatory agency of the state, including the Kansas Department of Social and Rehabilitation Services, the Kansas Department of Health and Environment or the Kansas Department of Aging. Group Home also includes state licensed "Home Plus" adult care residences.

i.

Group Residence means a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a Family or Transient Guests. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children's homes, and emergency shelters for the homeless and for victims of crime, abuse or neglect. The term Group Residence does not include Group Homes Correctional Placement Residences, or Short Term Rental in the City.

j.

Group Residence, General means a "Group Residence" that is occupied by more than 15 persons, including staff members who reside in the facility.

k.

Group Residence, Limited means a "Group Residence" that is occupied by six to 15 persons, including staff members who reside in the facility.

6.

Letters "H" through "K"

a.

Hazard Zone. See "Airport Hazard Zone."

b.

Hazardous Operations means activities that present serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

c.

Height, Building means the vertical distance between the average finished grade along the front of a Building and: (1) the highest point of the coping of a flat roof; (2) the deck line of a mansard roof; or (3) the average height level between the eaves and ridge line of a gable, hip or gambrel roof. See Sec. III-E.2.f for further explanation.

d.

Heliport shall be as defined in Chapter 9.24 of the Code of the City of Wichita.

e.

Home Occupation means a business, profession, occupation or trade conducted within a Dwelling Unit or Accessory Structure for gain or support by a resident of the Dwelling Unit and that is accessory to the use of the Dwelling Unit as a residence.

f.

Hospital means an institution that: (1) offers services more intensive than those required for room, board, personal services and general nursing care; (2) offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; and (3) regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

g.

Hotel or Motel means an establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short term use by Transient Guests, in which rooms are furnished for the accommodation of such Transient Guests, which may have as an Accessory Use one or more dining rooms, and may include individual kitchen facilities. Typical uses include Hotels, Motels, tourist courts and emergency shelters for the homeless and for victims of crime, abuse or neglect. The term Hotel or Motel does not include Short Term Rental in the City

h.

Intensity (of Uses and Districts). References to less restrictive or more restrictive zoning Districts refer to the base zoning districts established by Sec. III-A.2 and represent a progression from the RR District as the most restrictive zoning district to the GI District as the least restrictive zoning district. Special purpose base districts and overlay districts are not included in the zoning district hierarchy.

References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted. Use "X" is to be construed as more intensive than Use "Y" if Use "X" is first permitted by-right in a zoning district that is less restrictive than the district in which Use "Y" is first permitted by right.

i.

Kennel, Boarding/Breeding/Training means premises housing five or more Adult Dogs, three or more of which are owned by someone other than the property resident, and premises housing over ten Adult Dogs.

j.

Kennel, Hobby means premises housing five to ten Adult Dogs owned by the property resident.

7.

Letter "L"

a.

Landfill means a disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris.

b.

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

c.

Library means a publicly-operated facility housing a collection of books, magazines, audio and video tapes, or other material for borrowing and use by the general public.

d.

Loading Space means an off-street space or berth on the same Lot with a Building, or Contiguous to a group of Buildings, for the temporary Parking of a Commercial Vehicle while loading or unloading merchandise or materials, and which Abuts upon a Street or other appropriate means of access.

e.

Lot means land occupied or to be occupied by a Building, or Unit Group of Buildings, and Accessory Structures or Accessory Uses, together with such Yards and Lot Area as are required by these regulations, and having its principal frontage upon a Street or approved alternative access per the Subdivision Regulations.

Figure 2-1 Lot Types

f.

Lot, Corner means a Lot Abutting two or more Streets at their intersection.

g.

Lot, Interior means a Lot other than a Corner Lot or Through Lot.

h.

Lot, Key means a Corner Lot Abutting two or more non-corner (Interior or Through) Lots.

i.

Lot, Through means a Lot, other than a Corner Lot, having frontage on two parallel or approximately parallel Streets.

j.

Lot, Zoning means a parcel of land that is designated by its Owner or developer at the time of applying for a Building Permit as one Lot, all of which is to be used, developed or built upon as a unit under single ownership. Such Lot may consist of: (1) a single Lot of Record; or (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.

k.

Lot Area means the total area within the Lot Lines of a Lot. See Sec. III-E.2.b for further explanation.

l.

Lot Depth means the distance between the midpoint of the front Lot Line and the midpoint of the rear Lot Line.

m.

Lot Line means a line bounding a Lot.

n.

Lot Line, Zero means the location of a Building on a Lot in such a manner that one or more of the Building's sides rest directly on a Lot Line.

o.

Lot of Record means a lot or portion of one or more lots that are a part of a subdivision, the map of which has been recorded in the office of the Register of Deeds of the County, or a plot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of the County.

p.

Lot Width means the distance between the side Lot Lines of a Lot, at the front Yard Building Setback Line. See Sec. III-E.2.c for further explanation.

8.

Letter "M"

a.

Major Barrier means a designated state or federal highway with limited access, the Arkansas River, the Little Arkansas River or the Wichita-Valley Center Flood Control (Big Ditch).

b.

Manufactured Home means a Structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act generally known as the HUD Code, established pursuant to 42 U.S.C. 5403. Such units shall provide all of the accommodations necessary to be a Dwelling Unit and shall be connected to all utilities in conformance with applicable regulations. For purposes of these regulations, the term Manufactured Home, when used by itself, shall not include a Residential-Design Manufactured Home as defined in these regulations.

c.

Manufactured Home Park means a parcel of land that has been planned and improved in some manner, and used or intended to be used by occupied Manufactured Homes not placed on permanent foundations. The term Manufactured Home Park does not include sales lots on which unoccupied Manufactured Homes, whether new or used, are parked for the purposes of storage, inspection or sale; nor does it include a tract of land on which a Manufactured Home as a second Dwelling Unit has been permitted on a temporary basis as a Conditional Use in accordance with these regulations.

d.

Manufactured Home Subdivision means a subdivision that is platted for Development as individual home sites for Manufactured Homes, modular homes, Residential-Design Manufactured Homes and site-built Single-Family Dwelling Units, all of which are required to be placed on permanent foundations.

e.

Manufacturing, General means an establishment engaged in the manufacture, predominantly from previously prepared materials or from lightweight nonferrous materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding Basic Industry. Typical uses include apparel and garment factories, appliance manufacturing and assembly, bakeries engaged in large-scale production and wholesale distribution, beverage manufacturing and bottling (excluding breweries), boat building and repair, electrical and electronic equipment, food processing (excluding slaughterhouses and rendering plants), furniture and fixtures, jewelry manufacturing, laundry and dry cleaning plants, leather products, meat cutting and wholesale storage, machine shops, motion picture production lots, musical instrument manufacturing, pharmaceutical and toiletries manufacturing, Monument and grave marker manufacturing, rubber and plastics products manufacturing, tobacco products manufacturing and toy manufacturing.

f.

Manufacturing, Limited means an establishment primarily engaged in the on-site production of goods by hand manufacturing that generally involves only the use of hand tools or other equipment not exceeding two horsepower or a kiln not exceeding eight kilowatts, which may include assembly and packaging, as well as incidental, direct sales to consumers of those goods produced on-site. Typical uses include ceramic shops, candle-making shops, custom jewelry manufacturing, electronic and computer products assembly, millwork and cabinetry, precision machining of tools, dies and jigs, production of instruments and lenses for medical, dental, optical, scientific and other professional purposes, and upholstery shops.

g.

Marine Facility, Recreational means a facility relating to recreational boating. Typical uses include boat docks, marinas, boathouses and yacht clubs.

h.

Medical Service means an establishment providing therapeutic, preventive, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical and dental offices and clinics, blood banks and medical laboratories.

i.

Microbrewery means a brewery that: (1) is licensed by the Director of Alcohol Beverage Control of the state Department of Revenue; (2) produces no more than 5,000 barrels of beer per year; and (3) does so in a completely enclosed Building.

j.

Mining or Quarrying means the extraction of metallic and nonmetallic minerals, excluding Oil or Natural Gas. Typical uses include sand, soil and gravel pit operations, quarries and mines.

k.

Mobile Food Unit in the City means any self-contained vehicle, trailer, cart, wagon, or other type of conveyance from which any food and/or beverage is offered for sale pursuant to Chapter 3.15 of the Code of the City of Wichita.

l.

Mobile Home means a movable detached Single-Family Dwelling Unit that was manufactured according to standards prior to 1976 or that does not conform to the Manufactured Home Construction and Safety Standards Act (HUD Code). Such units shall provide all of the accommodations necessary to be a Dwelling Unit and be connected to utilities in conformance with all applicable regulations. The term Mobile Home does not include a Recreational Vehicle.

m.

Monument means a statue, pillar or other non-habitable structure erected in memory of the dead or of a person, event, etc.

n.

Monument Sales means an establishment primarily engaged in the retail sale of Monuments, such as headstones, footstones, markers, statues, obelisks, cornerstones and ledges, for placement on graves, including indoor or Outdoor Storage.

o.

Multi-Family means the use of a Site for three or more Dwelling Units within a single Building. Typical uses include triplexes, fourplexes, apartments, residential condominiums and townhouses.

9.

Letters "N" through "O"

a.

Neighborhood Swimming Pool means any non-publicly owned swimming pool that is not located on the same Lot as a residential Dwelling Unit but that is intended as an amenity for use by the residents and their guests of that subdivision or by a group of subdivisions in the immediate vicinity.

b.

Nightclub in the City means an establishment located in the City that provides entertainment, which may include the provision of dancing by employees or patrons, and where cereal malt beverage or alcoholic liquor are offered, consumed or served to the public or its members, which may or may not serve food, and which has a capacity of 300 or more persons. When the Nightclub in the City qualifies as an "Adult Entertainment Establishment" under Chapter 3.05 of the Code of the City of Wichita, its Uses shall be governed in this Code by the requirements for "Sexually Oriented Business in the City."

c.

Nightclub in the County means an establishment located in the unincorporated area of the County that provides entertainment, which may include the provision of dancing by employees or patrons, and which may or may not serve food or that provides entertainment as defined in the County's Adult Entertainment Code so long as such establishment is in compliance with the Adult Entertainment Code. The term Nightclub in the County shall not include any establishment in the unincorporated area of the County in which alcoholic liquor or cereal malt beverage of any kind is sold, used, consumed or possessed by any person at any time on the premises of the establishment.

d.

Nonconforming Structure or Lot means a Structure or Lot lawfully existing at the time these regulations became effective, or as amended, that does not conform to the Setback, Height, Lot Area or other dimensional or property development standards applicable in the zoning district in which the Structure or Lot is located.

e.

Nonconforming Use means the use of any land, Building or Structure that does not comply with the use regulations of the zoning district in which such Use is located, but that complied with the use regulations in effect at the time the Use was established.

f.

Nonconformity means a Nonconforming Use or Nonconforming Structure or other situation that does not comply with currently applicable regulations, but that complied with zoning regulations in effect at the time it was established. Same as "nonconforming situation."

g.

Nurseries and Garden Center means a place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock and other garden and farm variety tools and utensils; this use may be subject to the special provisions of Sec. III-D.6.z when located in the LC District.

h.

Nursing Facility means any state licensed place or facility operating 24 hours a day, seven days a week, caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care to compensate for activities of daily living limitations and includes state licensed "nursing facility for mental health" and a state licensed "residential health care facility" when it is attached to a state licensed Nursing Facility. The term Nursing Facility does not include Assisted Living, Group Home, Group Residence or Hospital.

i.

Office, General means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a Permitted Use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and the teaching of these and similar activities, and communication switching facilities and telecommunication carriers that are accompanied by office uses and with all facilities within the Building or underground.

j.

Oil and Gas Drilling means the subsurface extraction of oil or natural gas.

k.

Open Space means that ground area and the space above which is unimpeded from the ground to the sky by any main Structure except that the area may be used for Landscaping, recreational purposes such as for swimming, shuffleboard, tennis, etc. Parking lots and storage areas for Vehicles and material shall not be considered as Open Space.

l.

Ornamental Tower means a decorative, non-structural, non-habitable building feature with a combined height (Building plus tower) no greater than twice the height of the Building, as measured from the average finished grade along the perimeter of the Building.

m.

Owner means the property owner of record.

10.

Letters "P" through "Q"

a.

Parking means the temporary location of Motor Vehicles (except for Vehicles, Inoperable), boats, Trailers and unoccupied Recreational Vehicles. In the City, parking shall mean the temporary location of Motor Vehicles for not more than 72 consecutive hours. See Vehicle Storage Yard.

b.

Parking Area, Ancillary means an area other than a Private or Commercial Parking Area, Street or Alley that is located in any district from the most restrictive through NO inclusive, and that is used for the Parking of passenger vehicles as accessory parking to a Principal Use that requires the same or a more intensive District than the District in which the Ancillary Parking Area is located.

c.

Parking Area, Commercial means an area or structure used or intended to be used for the off-street Parking of operable Motor Vehicles on a temporary basis, other than as accessory Parking to a principal nonresidential Use.

d.

Parking Area, Private means an area, other than a Street or Alley, used or intended to be used for the Parking of the Motor Vehicles, boats, Trailers that are exempt from Motor Vehicle registration by the state or are registered or are required by law to be registered with a 2M+ Kansas license plate in the City or 8M in the County, and unoccupied Recreational Vehicles, any of which shall be owned, leased, borrowed, etc. by the occupants of a Dwelling Unit that is located on the same Zoning Lot, and wherein not more than one Commercial Vehicle per Dwelling Unit is parked and the permitted Commercial Vehicle does not exceed 26,000 pounds gross vehicle weight rating.

e.

Parking Space means space on a commercial, private or public parking area that is used or intended to be used for the Parking of one Motor Vehicle and that also complies with all applicable City and County standards, including the City Public Works Department's Typical Standards for Off-Street Parking.

f.

Parks and Recreation means a park, playground, or community facility that is owned by or under the control of a public agency or homeowners' association and that provides opportunities for active or passive recreational activities, and a cultural facility that provides cultural services to the public, including a museum, art gallery, observatory, planetarium, botanical garden, arboretum, zoo or aquarium that is owned by or under the control of a public agency. For purposes of this definition, Parks and Recreation shall include those parks, community facilities, and cultural facilities that are owned by or under the control of a public agency and leased to private entities for recreational activities, including recreational and cultural uses that involve paid admission or that allow the sale of cereal malt beverages or alcoholic beverages for consumption on the premises.

g.

Pawnshop means an establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property.

h.

Personal Care Service means an establishment primarily engaged in the provision of frequently or recurrently needed services involving the care of a person or his personal goods or apparel. Typical uses include beauty and barber shops, electrolysis studios, shoe shining and/or repair operations, tailors and neighborhood laundry and dry cleaning operations. When the Personal Care Service establishment qualifies as an Adult Entertainment Establishment under Chapter 3.05 of the Code of the City of Wichita, its regulation shall be governed in this Code by the requirements for Sexually Oriented Businesses in the City.

i.

Personal Improvement Service means an establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include portrait shops, photography studios, art and music schools, licensed massage therapists, health and fitness studios, swimming clubs and handicraft or hobby instruction. Personal Improvement Service in the County also includes Tattooing and Body Piercing. When the Personal Improvement Service establishment qualifies as an Adult Entertainment Establishment under Chapter 3.05 of the Code of the City of Wichita, its regulation shall be governed in this Code by the requirements for Sexually Oriented Businesses in the City.

j.

Planning Commission means the Wichita-Sedgwick County Metropolitan Area Planning Commission (MAPC), as established by a joint resolution/ordinance between Sedgwick County and the City of Wichita, dated December 6, 1967 and December 19, 1967 and as may be amended from time to time.

k.

Planning Director means the chief administrator or executive of the Wichita-Sedgwick County Metropolitan Area Planning Department.

l.

Porch means a roofed structure projecting from a Building and separated from the Building by the walls thereof and having no enclosing features except roof supports, railing or screen wire.

m.

Portable Storage Container means an outdoor storage and shipping container that is a portable, enclosed, ground level steel structure on rigid supports that is used for the storage or shipping of inventory, materials or supplies.

n.

Post Office Substation means a facility or structure owned by the U.S. Postal Service that is used for the collection, sorting and distribution of mail within several zip code areas and having limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.

o.

Principal Structure or Principal Use means a Structure or Use that is the primary or predominant Building or land use on a Zoning Lot.

p.

Printing and Copying, Limited means an establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

q.

Printing and Publishing, General means the production of books, magazines, newspapers and other printed matter, as well as record pressing and publishing, engraving and photoengraving, but excluding Printing and Copying, Limited.

11.

Letter "R"

a.

Recreation and Entertainment, Indoor means a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members that is wholly enclosed in a Building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts and amusement rides. It does not include Buildings typically accessory to a subdivision that are for use by the subdivision's residents and their guests or Rodeo in the City.

b.

Recreation and Entertainment, Outdoor means a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, "pitch and putt" facilities, tennis courts and amusement rides. It does not include Golf Courses, parks, Open Space and recreational facilities typically accessory to a subdivision that are for use by the subdivision's residents and their guests or Rodeo in the City.

c.

Recreational Vehicle. See "Vehicle, Recreational."

d.

Recreational Vehicle Campground means the use of land designed for occupancy by Recreational Vehicles for temporary or transient living purposes, including the use of camping spaces for tents.

e.

Recyclable Material means material including but not limited to metal, glass, plastic and paper that is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable Material shall not include hazardous materials, industrial scrap materials or used clothing, furniture, appliances, vehicles or parts thereof.

f.

Recycling Collection Station, Private means outdoor freestanding containers that are designed to receive and store pre-sorted Recyclable Materials not intended for disposal and that are available only to those members or employees of the Church, School, office building or other Principal Use located on the same property as the station. Containers shall be constructed and maintained with durable waterproof and rust-resistant materials and shall be equipped with lids or doors to prevent access to stored materials by animals or vermin and to preclude stored materials from being scattered by wind. This definition shall not include containers used for curbside recycling or containers used by a commercial or industrial enterprise for collection and/or compression of materials that are a byproduct or integral part of such enterprise.

g.

Recycling Collection Station, Public means outdoor freestanding containers not occupying an area greater than 400 square feet (exclusive of area required for vehicular access) that are designed to receive and store pre-sorted Recyclable Materials not intended for disposal and that are available to the general public. Containers shall be constructed and maintained with durable waterproof and rust-resistant materials and shall be equipped with lids or doors to prevent access to stored materials by animals or vermin and to preclude stored materials from being scattered by wind.

h.

Recycling Processing Center means a Building or land use in excess of 400 square feet devoted to the receipt, separation, storage, baling, conversion and/or processing of Recyclable Materials, but not including Wrecking/Salvage Yard.

i.

Research Services means an establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.

j.

Residential-Design Manufactured Home means a Manufactured Home on a permanent foundation that has minimum dimensions of 22 body feet in width, a pitched roof, siding and roofing materials that are customarily used on site-built homes, and that complies with the architectural and aesthetic standards specified in Sec. IV-D of this Code. A Residential-Design Manufactured Home shall be considered a Single-Family Dwelling Unit.

k.

Restaurant means an establishment where the principal business is the sale of food and beverages in a ready-to-consume state, including the retail sale of alcoholic liquor or cereal malt beverages for consumption on the premises, but not as a Tavern and Drinking Establishment as defined herein.

l.

Retail, General means the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically in this section. Typical uses include grocery stores, department stores, furniture stores, clothing stores and establishments providing the following products or services: household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, household appliances, wallpaper, carpeting and floor-covering, art supplies, kitchen utensils, jewelry, drugs, cosmetics, books, notions, antiques or automotive parts and accessories.

m.

Reverse Vending Machine means an automated mechanical device that accepts one or more types of Recyclable Materials and issues a cash refund or a redeemable credit slip. A Reverse Vending Machine may sort and reduce materials mechanically, provided the entire process is enclosed within the machine.

n.

Riding Academy or Stable means a commercial establishment for boarding, breeding, training or raising of horses not owned by the owners or operators of the establishment, rental of horses for riding, or other equestrian activities. Riding Academy or Stable shall not include Rodeo in the City.

o.

Rock Crushing means an establishment engaged in crushing rock or stone milling.

p.

Rodeo in the City means a competition, exhibition or demonstration involving persons, equines and/or bovines in which participants display various skills in one or more events such as, but not limited to, bareback riding, saddle bronco riding, steer wrestling, roping, team roping, tie-down roping, barrel racing, bull riding or similar events occurring in the City.

(1)

Rodeo, Indoor means a rodeo in which all practices, competitions, exhibitions and/or demonstrations are conducted inside Buildings or Structures that are covered by roofs, and which are fully enclosed by solid walls and closeable openings, such as windows and doors. Outdoor loading and unloading of livestock into and from the indoor facility or facilities is allowed. An Indoor Rodeo may include outdoor storage of livestock, but shall not include any outdoor practices, competitions, exhibitions and/or demonstrations.

(2)

Rodeo, Outdoor means a rodeo in which any or all competitions, exhibitions and/or demonstrations, and any related livestock storage, are conducted outside of Buildings or Structures as defined for Rodeo, Indoor.

12.

Letter "S"

a.

Safety Services means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

b.

Salvage Yard. See "Wrecking/Salvage Yard."

c.

School, Elementary, Middle and High (or Elementary, Middle and High School) means the use of a Site for instructional purposes on an elementary or secondary level, including both public schools as well as private schools that have curricula similar to those in public schools.

d.

Screening means decorative fencing, walls, vegetation or landscaped earth berms maintained for the purpose of concealing from view the area behind such fence, wall, vegetation or berms.

e.

Screening, Solid means a barrier with 90 to 100 percent opacity.

Figure 2-2
Example of 90% Opacity of Screening

f.

Screening Fence or Screening Wall means a solid barrier erected to enclose, screen or separate areas and with 90 to 100 percent opacity; constructed of wood for a Screening Fence and constructed of masonry or other similar materials, including brick, stone, architectural tile or combination of these materials for a Screening Wall.

g.

Secondhand Store means a retail establishment other than an antique store that engages in the purchase and resale of used goods such as clothing, furniture, appliances, books and other household items.

h.

Service Station means an establishment primarily engaged in the retail sale of gasoline or other motor fuels that may include accessory activities, such as the sale of lubricants, automotive accessories, or supplies, the lubrication or washing of Motor Vehicles, the minor adjustment or repair of Motor Vehicles and may specifically include a Car Wash. See Car Wash.

i.

Setback means the distance that is required by this Code between a Principal Structure or Accessory Structure and the property line of the Lot on which the Structure is located. (Note: The term Setback refers to a required minimum area, while the term Yard refers to the actual open area.) See Yard and Sec. III-E.2.e.

j.

Setback, Front means a Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the Street Right-of-Way Line and a line parallel thereto on the Lot. See Sec. III-E.2.e.

k.

Setback, Interior Side means a Setback that is to extend from the Street Right-of-Way Line to the rear Lot Line along the side of a Lot that is Contiguous to or Abutting another Lot, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot. See Setback, Street Side and Sec. III-E.2.e.

l.

Setback, Rear means a Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the rear Lot Line and a line parallel thereto on the Lot. See Sec. III-E.2.e.

m.

Setback, Street Side means a Setback that is to extend from the front Lot Line to the rear Lot Line along the side of a Lot that is Abutting a Street or Street Right-of-Way Line, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot. See Sec. III-E.2.e.

n.

Sexually Oriented Business in the City means, with the exception of escort agency, all of the same establishments described in Sec. II-B.12.o describe Sexually Oriented Business in the City.

o.

Sexually Oriented Business in the unincorporated areas of the County (Sexually Oriented Business in the County) means an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Nude Model Studio or Sexual Encounter Center.

(1)

Adult Arcade means any place to which the public is permitted or invited in which coin-operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed as distinguished or characterized by the depicting or describing of Specified Sexual Activities or Specified Anatomical Areas.

(2)

Adult Bookstore, Adult Novelty Store or Adult Video Store means a commercial establishment that, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or

(b)

Instruments, devices or paraphernalia that are designed for use in connection with Specified Sexual Activities.

(3)

Adult Cabaret means a Nightclub or similar commercial establishment that regularly features:

(a)

Persons who appear in a State of Nudity or Semi-nudity; or

(b)

Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; or

(c)

Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas.

(4)

Adult Motel means a Hotel, Motel or similar commercial establishment that:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public Right-of-Way that advertises the availability of this adult type of photographic reproductions; or

(b)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(c)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

(5)

Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas.

(6)

Adult Theater means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a State of Nudity or Semi-nudity, or live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities.

(7)

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(8)

Escort Agency means a person or business association who furnishes, offers to furnish or advertises to furnish Escorts as one of its primary business purposes for a fee, tip or other consideration.

(9)

Nude Model Studio means any place where a person who appears Semi-nude, in a State of Nudity, or who displays Specified Anatomical Areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include a College, community College or University supported entirely or in part by public money; a private College or University that maintains and operates educational programs in which credits are transferable to a College, community College or University supported entirely or in part by public money, or in a structure or private studio:

(a)

That has no sign visible from the exterior of the structure and other advertising that indicates a nude or Semi-nude person is available for viewing;

(b)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

(c)

Where no more than one nude or Semi-nude model is on the premises at any one time.

(10)

Nudity or a State of Nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.

(11)

Sexual Encounter Center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(a)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b)

Activities between either male and female persons or persons of the same sex, or both, when one or more of the persons is in a State of Nudity or Semi-nude.

(12)

Semi-nude or In a Semi-nude Condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. Such term shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.

(13)

Specified Anatomical Areas mean:

(a)

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(b)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola.

(14)

Specified Sexual Activities means any of the following:

(a)

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated;

(d)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

(e)

Excretory functions as part of or in connection with any of the activities set forth in paragraphs (a), (b), (c), or (d) of this definition.

p.

Shelter, Storm means a Structure or portion of a Structure intended to provide protection to human life during periods of potential danger from storms or other emergencies.

q.

Short Term Rental in the City means the use of a residential Dwelling Unit or Structure to provide room(s) for temporary lodging or lodging and meals for Transient Guests on a paying basis. The residential Dwelling Unit or Structure may be owner or manager occupied. The term Short Term Rental in the City also includes Bed and Breakfast Inn.

r.

Sign means any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, a firm, profession, business, or a commodity and that are visible from any public Street or the air.

s.

Single-Family means the use of a Lot for only one detached principal Dwelling Unit, excluding a structure used as a Group Residence, that may be a Residential-Design Manufactured Home but shall not be a Mobile Home.

t.

Site means same as Lot.

u.

Solid Waste Incinerator means a permanent facility operated alone or in conjunction with a Recycling Processing Center or Landfill for the purpose of burning solid waste or trash and converting it to ash.

v.

Storage, Outdoor means the keeping, storing, placing or locating outside of an enclosed structure for more than 72 consecutive hours any property, goods, products, equipment, Trailers, Portable Storage Containers, or other similar items not considered Accessory Uses as listed in this Code. The term Storage, Outdoor (or Outdoor Storage) does not include Vehicle Storage Yard.

w.

Story means that portion of a Building, other than a Basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above.

x.

Street means a public thoroughfare of such width to conform to adopted subdivision regulations. For the purposes of these regulations, the term Street shall include "road," "highway," "boulevard," "avenue," "courts" and the like.

y.

Street Right-of-Way Line means the dividing line between a Lot, tract or parcel of land and a Street.

z.

Street Width means the amount of street right-of-way Abutting a Lot's property line.

aa.

Structure means anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

bb.

Subdistrict (Airport Overlay) means a distinct area within an Airport Overlay District marked for particular Uses.

13.

Letters "T" through "U"

a.

Tattooing and Body Piercing Facility means any room or space, or part thereof, where the act of Tattooing, Body Piercing or permanent color technology, as defined by K.S.A. 65-1940, as amended, is conducted.

b.

Tavern and Drinking Establishment means an establishment engaged in the preparation and retail sale of alcoholic liquor or cereal malt beverage for consumption on the premises that derives in a six-month period less than fifty percent (50%) of its gross revenues from the sale of food and beverages for consumption on the premises. For the purposes of this Code, the term Tavern and Drinking Establishment shall include Class B Club.

c.

Teen Club in the City means any building or part of other enclosed place where a teen dance is held or teen dancing is permitted as defined in Sec. 3.30.020 of the Code of the City of Wichita.

d.

Trailer means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a Motor Vehicle.

e.

Transfer Station means any enclosed facility where solid wastes are transferred from one vehicle or rail car to another or where solid wastes are stored and consolidated before being transported for disposal elsewhere.

f.

Transient Guest means in the City, a person who occupies a room(s) for a period of not more than 28 days at a time (consecutive days). In the County, it means a person who occupies a room(s) for a period of less than one week at a time.

g.

Underlying District means the existing base zoning district classification that is applied to land in an Overlay District.

h.

University or College means an institution of higher education (post High School) offering undergraduate or graduate degrees in higher learning, including seminaries.

i.

Use means the purpose for which land or a Building is arranged, designed or intended, or for which either land or a Building is or may be occupied or maintained.

j.

Urban Areas of Influence means the area surrounding certain cities in Sedgwick County, as shown on the "2035 urban growth areas map" of the County's comprehensive plan, as amended from time to time.

k.

Utility, Major means generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "Utility, Major" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities, communication switching facilities that are accompanied by office uses, telecommunication carrier with transmission equipment for long-distance calls and high-speed Internet connections with one or more telecommunication carrier located within a Building, or other uses defined in this section For the purpose of this definition, the term "Renewable Energy Systems" shall mean the following

1.

Renewable Energy Systems means a Wind Energy Conversion System (WECS), a Solar Energy Conversion System (SECS) or a Battery Energy Storage System (BESS). These terms shall mean the following

(a)

Solar Energy Conversion System (SECS) means a commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity and includes all associated support facilities including, but not limited to, roads, substations, operation and maintenance buildings, as specified in the application. The term Solar Energy Conversion System (SECS) shall not include any public utility transmission lines directly regulated by the governments of either the United States of America or the State of Kansas, but shall include private transmission or collection lines.

(b)

Wind Energy Conversion System (WECS) means the combination of mechanical and structural elements used to produce electricity by converting the kinetic energy of wind to electrical energy. Wind Energy Conversion Systems consist of the turbine apparatus and any other buildings, support structures and other related improvements necessary for the generation of electric power from wind and intended for wholesale sales of generated electricity.

l.

Utility, Minor means services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor Structures, such as poles and lines, and Structures not exceeding 150 cubic feet in size and six feet in height that do not generate discernable noise, odor or vibration within any nearby residential District, and that comply with the Setback requirements of the District in which they are located.

14.

Letters "V" through "Z"

a.

Vehicle, Commercial means any truck, van, panel truck, delivery van, Trailer, semitrailer or pole trailer drawn or designed to be drawn by a Motor Vehicle, which vehicle was designed, used and/or maintained for the transportation of more than ten persons or the delivery of property for hire, compensation, profit or in the furtherance of any commercial enterprise.

b.

Vehicle, Inoperable means any vehicle that is unable to operate or move under its own power. It shall also mean any Motor Vehicle that is in an abandoned, wrecked, dismantled, scrapped, junked or partially dismantled condition that includes having 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 body or dismantled parts, cannot be operated in a normal, and safe manner. An Inoperable Vehicle shall not include vehicles needing only the inflation of tires, the installation of a battery or the addition of fuel in order to operate. In the City, an Inoperable Vehicle shall also include any Vehicle with uninflated tires or otherwise meeting the definition of Inoperable Vehicle in Title 8 of the Code of the City of Wichita.

c.

Vehicle, Motor means every motorized vehicle, other than a motorized bicycle or a motorized wheelchair, that is self-propelled, and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Vehicle, Commercial and Vehicle, Passenger.

d.

Vehicle, Passenger means a Motor Vehicle that is designed primarily to carry ten or fewer passengers, and that is not used as a Commercial Vehicle.

e.

Vehicle, Recreational means a unit designed as temporary living quarters for recreational, camping or travel use that has a body width not exceeding eight feet and a body length not exceeding 40 feet. Units may have their own power, or designed to be drawn or mounted on a Motor Vehicle. Recreational Vehicle shall include motor homes, travel trailers, truck campers, camping trailers, converted buses, houseboats or other similar units as determined by the Zoning Administrator. A Recreational Vehicle may or may not include individual toilet and bath.

f.

Vehicle and Equipment Sales means an establishment engaged in the retail or wholesale sale or rental, from the premises, of Motor Vehicles or equipment, along with incidental service or maintenance. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, construction equipment rental yards, Trailers and/or moving trailer rental.

g.

Vehicle Display means any location outside of an enclosed building used to exhibit, display or view any motorized vehicle capable of movement under its own power, for any purpose, including but not limited to Vehicle and Equipment Sales and vehicle shows but not including Vehicle Storage Yard or Wrecking/Salvage Yard.

h.

Vehicle Repair, General means an establishment primarily engaged in painting of or body work to Motor Vehicles or heavy equipment. Typical uses include paint and body shops.

i.

Vehicle Repair, Limited means a use providing repair of Motor Vehicles or maintenance services within completely enclosed Buildings, but not including paint and body shops or other general Vehicle Repair services. Typical uses include businesses engaged in the following activities:(1) electronic tune-ups; (2) brake repairs (including drum turning); (3) air conditioning repairs; (4) transmission and engine repairs; (5) generator and starter repairs; (6) tire repairs; (7) front-end alignments; (8) battery recharging; (9) lubrication; and/or (10) sales, repair and installation of minor parts and accessories, such as tires, batteries, windshield wipers, hoses, windows, etc.

j.

Vehicle Storage Yard means the keeping outside of an enclosed Building for more than 72 consecutive hours of one or more Motor Vehicles (except Inoperable Vehicles), boats, Trailers, or unoccupied Recreational Vehicles. The term Vehicle Storage Yard does not include Wrecking/Salvage Yard.

k.

Vocational School means a use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a University or College or Elementary, Middle and High School.

l.

Warehouse, Self-Service Storage means an enclosed storage facility of a commercial nature containing independent, fully enclosed bays that are leased to persons exclusively for dead storage of their household goods or personal property.

m.

Warehousing means the storage of materials, equipment, or products within a Building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement and storage of products or equipment. Typical uses include major mail distribution centers, frozen food lockers, and moving and storage firms, but excluding Self-Service Storage Warehouses.

n.

Welding or Machine Shop means a workshop where machines, machine parts, or other metal products are fabricated. Typical uses include Machine Shops, Welding Shops and sheet metal shops.

o.

Wholesale or Business Services means an establishment primarily engaged in the display, storage and sale of goods or services to other firms.

p.

Wireless Communication means personal wireless services and personal wireless service facilities as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through a Wireless Communication Facility or any fixed or mobile wireless services provided using a Wireless Communication Facility.

q.

Wireless Communication Facility means a Lot containing equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, but not limited to: (A) a wireless support structure consisting of a freestanding support structure, such as a monopole, guyed, or self-supporting tower or other suitable existing or alternative structure designed to support or capable of supporting wireless facilities; (B) a base station that supports or houses an antenna, transceiver, coaxial cables, power cables or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics; (C) equipment associated with wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and/or (D) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.

r.

Wrecking/Salvage Yard means a Lot, land or Structure, or part thereof, used for the collecting, dismantling, storing and/or salvaging of machinery, equipment, appliances, Inoperable Vehicles, vehicle parts, bulky waste, salvage material, junk, or discarded materials; and/or for the sale of parts thereof. Typical uses include Motor Vehicle Salvage Yards and junkyards. In the unincorporated area of the County only, the term Wrecking/Salvage Yard shall not include the storage of salvage materials as permitted in Section 19-22 (c) of the Sedgwick County Code.

s.

Yard means the actual unobstructed Open Space that exists or that is proposed between a Structure and the Lot Lines of the Lot on which the Structure is located. See Setback.

t.

Zoning Administrator means the Planning Director or the Planning Director's designee.

(City of Wichita Ord. No. 52-035, § 1, 2-28-2023; Sedgwick County Res. No. 057-2023, § 1, 3-22-2023; Ord. No. 52-266, §§ 1, 5, 9-19-2023; Res. No. 248-2023, § 1, 11-15-2023; Ord. No. 52-317, § 1, 1-9-2024; Res. No. 038-2024, § 1, 2-21-2024; Res. No. 165-2024, § I, 8-14-2024)