Accessory means the term applied to a building, structure or use which is clearly incidental or subordinate to, and customary in connection with, the principal building, structure or use, and which is located on the same plot with the principal building, structure or use. No residential building, tourist cabin or summer colony cottage shall be considered as accessory to any other residential building except as is expressly provided in this order. Any accessory building or structure attached to a principal building or structures deemed to be part of such principal building or structure attached to a principal building or structures deemed to be part of such principal building or structure in applying the bulk regulation to such building or structure.

(Ord. 3386, 2021)

Agriculture means the principal use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal husbandry. "Agricultural use" means and includes "residential use" and "rural residential use" in relation to zoning districts.

(Ord. 3386, 2021)

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

(Ord. 3386, 2021)

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

(Ord. 3386, 2021)

Alterations, as applied to a building structure, means a change or rearrangement in the supporting members of a building or structure, or an enlargement, whether by extending on a side or by increasing in height, or the moving of one (1) location or position to another.

(Ord. 3386, 2021)

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

(Ord. 3386, 2021)

Applicant means the owner or duly designated representative of land proposed to be subdivided, or for which a special permit, amendment, variance, building permit, or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.

(Ord. 3386, 2021)

Animal Boarding means a business providing temporary overnight care for animals owned by other individuals.

(Ord. 3386, 2021)

Animal Breeding means producing litters of dogs or cats for sale to other individuals or businesses.

(Ord. 3386, 2021)

Animal-Centric Restaurant/Bar means an establishment that serves food and/or beverages while also providing animal-related amenities or services (such as outdoor animal activity areas, daycare, grooming, pet food, and retail sales of pet products).

(Ord. 3386, 2021)

Animal Daycare means a business providing temporary daytime care for animals owned by other individuals.

(Ord. 3386, 2021)

Large Animal means any pig, hog or other swine including Vietnamese pot-bellied or other miniature pigs, cow, ox or other bovine, goat, sheep, horse, donkey, mule or other beast of burden, or any other domestic or wild animal of similar or larger size, not including dogs.

(Ord. 3386, 2021)

Small Animal means any animal not within the definitions of Large Animal, Wild Animal, or Exotic Animal (see SMC 6.04), but including all dogs without reference to size.

(Ord. 3386, 2021)

Animal Shelter means a facility that is used to house, contain, impound, or harbor any seized stray, homeless, relinquished, or abandoned animals. This definition also includes the provision of offering said animals for adoption.

(Ord. 3386, 2021)

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

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

Alterations, as applied to a building structure, means a change or rearrangement in the supporting members of a building or structure, or an enlargement, whether by extending on a side or by increasing in height, or the moving of one (1) location or position to another.

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

Applicant means the owner or duly designated representative of land proposed to be subdivided, or for which a special permit, amendment, variance, building permit, or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.

Area means a piece of land capable of being described with such definiteness that its location may be established and boundaries definitely ascertained.

Artisanal Manufacturing means the on-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment.

(Ord. 3437, 2022)

Auto laundry means a building, or portion thereof, containing facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

Automotive and machinery repair shop means a building used for the repair of motor vehicle or machinery; such repair shall be wholly within a completely enclosed building as provided in this title.

Balcony means an elevated platform projecting from the wall of a building and enclosed by a railing or parapet.

Basement means the portion of the building that is partly underground which has more than one-half (½) its interior height, measured from floor to finished ceiling, above the average finishing grade of the ground adjoining the building.

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

Board of Zoning Appeals means a Board consisting of not less than three (3) or more than seven (7) members appointed by the Mayor, with the consent of the Governing Body to administer the detail of appeals from or other matters referred to it regarding the application of the zoning ordinance.

Bond means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body wherever a bond is required by this title.

Brewery means a business that manufactures beer or cider in excess of the State of Kansas production limitations for microbreweries.

(Ord. No. 3280, 2019)

Boutique liquor establishment means a business licensed by the State of Kansas that sells artisan, specialty, and/or locally manufactured liquor primarily for on-site consumption. Said liquor may be manufactured on-site.

(Ord. No. 3280, 2019)

Buffer area means open and unobstructed ground area of a plot in addition to any required yards or road widening around the perimeter of any plot where required. Parking is not allowed in a buffer area, except as provided in these regulations.

(Ord. No. 3280, 2019)

Editor's note— Due to the enactment of new provisions, § 17.04.042, has been renumbered as § 17.04.043 as directed by Sec. 1 of Ord. No. 3280, adopted May 28, 2019.

Building means any structure built for the support, shelter or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.

Building height means a vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.

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

Bulk means the size and shape of buildings, structures and nonbuilding uses; and the physical relationship of their exterior walls or construction or their location to plot lines and other buildings or structures or other walls or construction of the same building or structure; and all open spaces required in connection with a building or structure. Bulk regulations include regulations dealing with plot area, plot area per dwelling unit, plot frontage, plot width, height, required yards, courts, usable open space, the ratio of aggregate gross floor area to the area of the plot spacing between buildings on a single plot, and the length of buildings in a row.

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

Caliper means the trunk diameter of a nursery tree measured at six (6) inches above the ground.

(Ord. 3404, 2021)

Camp means any plot, including its area of land or water, or land and water, on which are located two (2) or more cabins, tents, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other more or less temporary living purposes, primarily for children, but not including a day camp, trailer camp, rooming house, tourist home, hotel, summer colony, hospital, place of detention, school of general instruction or nursery school.

Capital improvements program means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual City operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.

Cellar means a story having more than one-half (½) of its interior height below the average level of the adjoining ground.

Cemetery means land used for the burial of the dead, and dedicated for cemetery purposes, including columbarium's, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Central water system means a private water company formed by the developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.

City attorney means the City Attorney or such licensed attorney designated by the Governing Body to furnish legal assistance for the administration of these regulations.

City engineer means the City Engineer or such professional engineer as shall be appointed by the Governing Body to administer these regulations.

City health officer means that person designated to administer the health regulations of the City.

Collector road means a road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.

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

Co-Living Group means a group of four (4) or more unrelated persons age eighteen (18) or older living together in a dwelling unit, provided that if any one (1) of the adult persons is unrelated to another adult person in the group, the entire group shall be classified as unrelated. This section does not apply to a Group Home as defined by Chapter 17.04.

(Ord. 3419, 2022)

Construction plan means the maps of drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of said plat.

Core commercial area means the Commercial Neighborhood (CN), Commercial Highway (CH), and Townsquare (TSQ) Zoning Districts within the City of Shawnee.

(Ord. No. 3280, 2019)

Court means an unobstructed open area bounded on three (3) or more sides by the walls of a building or buildings. An "outer court" extends to a street or yard and an "inner court" does not.

Crisis Shelter means an enclosed building, or portion thereof, operated by a nonprofit entity for the purpose of providing shelter, bathing and restroom facilities, a secure place for belongings, and sleeping accommodations for people experiencing abuse such as, but not limited to: domestic violence, sexual assault, human trafficking, or stalking, at no charge. A crisis shelter should include related support such as meals, medical services, social services, counseling, and training.

(Ord. 3350, 2021)

Cul-de-sac means a local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Day camp means any plot of land, including any building or structure thereon, if any, used for any assembly of persons for what is commonly known as "day camp" purposes, including any area of land or water, or both, on which are located facilities, accommodations, buildings and/or structures of a design or character suitable for seasonal and/or recreational purposes, primarily for children, but not including any nursery school unless the bulk requirements for a day camp are met by said nursery school, nor including any living quarters except for one (1) principal one-family residence on the plot.

Day care home means a home in which care is provided for a maximum of ten (10) children under sixteen (16) years of age, not more than six (6) of which are under kindergarten age. The children of the provider are counted, if they are under sixteen (16) years of age.

Decibel means a unit of measurement of the intensity (loudness) of sound. Sound level matters which are employed to measure the intensity of sound are calibrated in "decibels."

Deciduous trees shall mean those trees which shed their leaves annually.

(Ord. 3404, 2021)

Deck means an open platform with no cover extending from a house or other building.

(Ord. 3404, 2021)

Editor's note— Due to the addition new of material, Section 17.04.085 as been renumbered as Section 17.04.086.

Residential developer means any person:

A.

Who, having an interest in land, causes it directly or indirectly to be used for residential development;

B.

Who directly or indirectly sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease or development any lot, plot, parcel site, unit or interest for a residential development use;

C.

Who engages directly or indirectly or through an agent in the business or occupation of selling, leasing, developing or offering for sale, lease or development, a residential development use or any lot, plot, parcel site unit or interest for a residential development use;

D.

Who is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing shall be deemed to be engaged in "development use, residential."

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.086 has been renumbered as Section 17.04.087.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Development agent means any person who represents, or acts for or on behalf of a residential developer, in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, plot, parcel, site or unit for residential development use, except an attorney-at-law whose representation of another person consists solely of rendering legal services.

A.

Residential development use" means the erection or construction of dwellings on any vacant plots, lots or parcels of land. It shall not include the alteration, repair, demolition or maintenance of existing dwellings or construction or erection of structures accessory to dwellings.

B.

Any person acting in such manner as to come within the definition of "residential development use" shall be deemed to be engaged in residential development which shall be a separate use classification under this title and subject to the requirements of obtaining a special permit from the Governing Body.

Diameter breast height (DBH) means the standard tree diameter measure of mature trees taken at 4.5 feet above the ground.

(Ord. 3404, 2021)

Distillery means a business that manufactures spirits in excess of the State of Kansas production limitations for microdistilleries.

(Ord. 3404, 2021)
(Ord. 3280, 2019)

Editor's note— Sec. 1 of Ord. No. 3386, adopted August 23, 2021, repealed § 17.04.094, which pertained to the definition of dog kennels and derived from the original codification.

Drive-in establishment means a place of business being operated for the sale and purchase at retail of food and other goods, services, or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of any food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If in addition to the consumption of food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in establishment. The term "drive-in establishment" shall include, but is not limited to: automobile service stations, auto laundries, drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short-order cafes, banks, and drive-in theaters.

Driveway means the space specifically designated and reserved on the site for the movement of vehicles from one (1) site to another or from a site to a public street.

Dustless surface means adequately covered with screenings, stone, gravel, concrete or bituminous products and adequately treated with oil, calcium chloride or a similar dust-inhibiting substance and maintained in good condition at all times or any other surface specified by the Planning Commission upon site-plan approval.

Two-family dwelling means a detached or semi-detached building containing two (2) dwelling units and designed or occupied by two (2) families.

Dwelling unit means a building, or part thereof, containing complete housekeeping facilities for only one (1) family.

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

Efficiency unit means a dwelling unit consisting of one (1) principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed one hundred twenty-five (125) square feet in area.

Emergency Disaster Resource means any nonprofit or for-profit entity providing resources directly in response to a declared emergency or disaster impacting the local area. Such entities may utilize their existing location and/or a temporary location to provide necessary emergency resources to the community. This definition includes Emergency Shelters, as defined within the City's Local Emergency Operations Plan (LEOP).

(Ord. 3350, 2021)

Enforcement officer means the Director of Community Development or their designee.

(Ord. 3294, 2019)

Escrow means a deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow fund shall be deposited by the enforcement officer in a separate account.

Established setback means the average setback on each street on which a plot fronts, within the same district and within three hundred (300) feet on each side of such plot along the same side of the street, but not beyond any intersecting street, established by three (3) or more buildings.

Evergreen trees shall mean those trees which do not shed their leaves annually.

(Ord. 3404, 2021)

Excavation means the removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot upon which a building is to be erected, or a roadway to be built.

Family means:

A.

A group of one (1) or more related persons living together; or

B.

A group of not more than three (3) unrelated persons age eighteen (18) or older living together as a single housekeeping unit, together with any minors related to at least one of those persons, provided that if any one (1) of the adults is unrelated to another adult in the group, the entire group shall be classified as unrelated.

(Ord. 3419, 2022)

Family child care home means a place maintained for the purpose of providing children food or lodging or both, away from such children's home or homes, for less than twenty-four (24) hours a day, in which no more than six (6) children are cared for, under the age of sixteen (16), including the children of the provider under the age of twelve (12). Not more than three (3) of the children may be under the age of eighteen (18) months.

Fence means an unroofed barrier or unroofed enclosing structure, including retaining walls.

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

Final Site Plan means the final development/site plan to be reviewed by the Planning and Zoning Commission and approved by the City of Shawnee.

(Ord. 3404, 2021)

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

Flood means a temporary rise in streams flow or stage that results in water overlapping its banks inundating areas adjacent to the channel. "Flood" also means an unusual and rapid accumulation of runoff or surface waters from any source.

Floor area means the sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the centerline of party walls. Included shall be any basement floor, interior balconies and mezzanines, elevator shafts and stair wells and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

Floor area ratio means the floor area of a building on any lot divided by the area of the lot.

Frequency means the number of oscillations per second in a sound wave which is an index of the pitch of the resulting sound.

Frontage means that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.

Frontage Street means any street to be constructed by the developer or any existing street in which development shall take place on both sides.

Garage means a building for the storage of motor vehicles.

Gasoline service station means any use of land, including any building or structures thereon, that is used for the supply of gasoline or other fuel for the propulsion of vehicles, including any area, building or structure used for polishing, greasing, washing, spraying, cleaning, servicing or repairing of motor vehicles.

Grade means the slope of a road, street or other public way, specified in percent.

Ground cover shall mean landscape materials, or living low-growing plants other than turf grass, that is installed in such a manner so as to form a continuous cover over the ground surface.

(Ord. 3404, 2021)

Group day care home means a home in which care is provided for a maximum of twelve (12) children under sixteen (16) years of age. The children of the provider are counted, if they are under twelve (12) years of age.

Group home means any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the homes, which dwelling is licensed by a regulatory agency of Kansas as provided in K.S.A. 12-736.

Habitable floor means any floor used for living, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "habitable floor."

Height means the vertical distance from the average elevation of the proposed finished grade along the wall of a building (or adjacent to the side of a nonbuilding use) to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or non-building use), except as specifically exempted in this title.

High density" means those residential zoning districts in which the density is equal to or greater than one (1) dwelling unit per four thousand fifty (4,050) square feet.

Limited access highway means a freeway, or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

Homeless Shelter means an enclosed building, or portion thereof, operated by a nonprofit entity for the purpose of providing shelter, bathing and restroom facilities, a secure place for belongings, and sleeping accommodations for people at no charge. A homeless shelter should include related support such as meals, medical services, social services, counseling, and training.

(Ord. 3350, 2021)

Homeless Shelter, Temporary means a homeless shelter in operation for no longer than ninety (90) days within a calendar year.

(Ord. 3350, 2021)

Home occupation means a profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use in an agricultural or residential district, subject to the provisions of Chapter 17.66.

Hotel or motel means a building which has living and sleeping accommodations for hire for ten (10) or more persons, which is open for year-round occupancy, and shall include similar establishments designated as auto courts, tourist cabins, etc.

Incompatible use is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system or any other sewage treatment device approved by the City health officer and the State Board of Health.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

Junkyard means an area of land with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, or used or discarded materials such as wastepaper, rags or scrap material; or used building materials, house furnishings, machinery, vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A deposit or the storage on a plot of two (2) or more wrecked or broken-down vehicles or parts of two (2) or more such vehicles for one (1) week or more in a residential district, or for three (3) weeks or more in any other district shall be deemed a "junkyard."

Landscape material shall mean living plants such as trees, shrubs, ground cover/vines, and turf grasses; and nonliving material such as: rocks, pebbles, sand, bark, mulch, edging, brick pavers, earthen mounds (excluding pavement); and/or other items of a decorative or embellishment nature such as: fountains, benches, pools, walls, fencing, sculpture, geo-block drives, etc.

(Ord. 3404, 2021)

Landscaped open space shall mean all land area within the property lines not covered by building or pavement.

(Ord. 3404, 2021)

Large trees shall mean species of trees that reach fifty (50) feet or taller in height at maturity.

(Ord. 3404, 2021)

Local road means a road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.

Editor's note— Due to the addition of new material, Section 17.04.184 has been renumbered as Section 17.04.186.

(Ord. 3404, 2021)

Lot means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.186 has been renumbered as Section 17.04.187.

Corner lot means a lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

Lot improvement means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.

Low density means those residential zoning districts in which the density is less than one (1) dwelling unit per eight thousand fifteen (8,015) square feet.

Major Street shall mean those streets designated as a major collector, minor arterial or major arterial on the City's Circulation Plan.

(Ord. 3404, 2021)

Master plan means the comprehensive master plan adopted by the Planning Commission for the development of the entire area of the City, pursuant to Chapter 12 of the Revised Statutes of Kansas, showing the desirable streets, bridges and tunnels and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, zoning districts, waterways and drainage systems, and such other features, existing and proposed, as will provide for the improvement of the City and its future growth, protection and development, and will afford adequate facilities for the housing, transportation, distribution, comfort, convenience, public health, safety and general welfare of the population of the City.

Medium density means those residential zoning districts in which the density is between four thousand fifty (4,050) and eight thousand (8,000) square feet per dwelling unit.

Medium trees shall mean species of trees that reach twenty (20) to fifty (50) feet in height at maturity.

(Ord. 3404, 2021)

Microbrewery means a brewery licensed by the State of Kansas to manufacture, store, and sell domestic beer. Certain production limitations and other requirements are regulated by the State of Kansas.

(Ord. No. 3280, 2019)

Microdistillery means a facility which produces spirits from any source or substance that is licensed by the State of Kansas to manufacture, store, and sell spirits. Certain production limitations and other requirements are regulated by the State of Kansas.

(Ord. No. 3280, 2019)

Mid-America Regional Council means the planning agency established for the Metropolitan Kansas City Region to carry on comprehensive planning. The official title of such agency is Mid-America Regional Council.

(Ord. No. 3280, 2019)

Editor's note— Due to the enactment of new provisions, § 17.04.200 has been renumbered as § 17.04.202 as directed by Sec. 1 of Ord. No. 3280, adopted May 28, 2019.

Mobile home dwelling means any vehicle, trailer or similar portable structure, mounted or designated for mounting on an axle and wheel, used or intended for use for single-family dwelling purposes only, including structural additions, except parked or unoccupied camping-type trailers. Any such vehicle trailer or structure shall be deemed to be a mobile home whether or not resting upon a temporary or permanent foundation.

Mobile home park means a plot where two (2) or more mobile home dwellings are parked, or which is held out or used for the purposes of supplying to the public, parking spaces for two (2) or more mobile homes, and shall include all buildings, structures, land uses and equipment utilized for such park. "Mobile home park" also means and includes a mobile home subdivision in which the lots are sold to individual purchasers, designed and intended for single-family residential uses.

Mobile home site means a plot of ground within a mobile home park designed for accommodation of one (1) mobile home.

Model home means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a subdivision involving no more than two (2) lots to be created.

Municipality, for the purposes of this title, means the City of Shawnee, Kansas.

Native grasses shall mean species of perennial grass other than those designated as noxious weeds by the State of Kansas Department of Agriculture and Entomology and Mid-America Regional Council.

(Ord. 3404, 2021)

Nonbuilding use means a principal use of land to which the buildings on the plot, if any, are necessary, such as a trailer camp, junkyard, public parking lot or an open storage yard for materials or equipment.

Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.

Noxious matter means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursery means any land used to raise tree, shrubs, flowers and other plants for sale or for transporting.

Nursery school means any private school or childcare center accredited by the State of Kansas, designed to provide daytime care or instruction for two (2) or more children from two (2) to six (6) years of age, inclusive, operated at least five (5) days per week and seven (7) months per year. No nursery school shall be operated during the months of July and August unless it meets with the requirements of a day camp as specified in this title, except for any school operated with a number of children no greater than the average attendance throughout the regular school year and without use of an outdoor swimming facility or pool.

Octave band is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Odorous matter means any matter or material that yields an odor which is offensive in any way.

Official map means an adopted plan, by ordinance, for the major street or highway system of the City which shall show with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines.

Off-site means any premises not located within the area of the property to be subdivided whether or not in the same ownership of the application for subdivision approval.

One-hundred-year flood means the base flood having a one-percent chance of annual occurrence.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.234 has been renumbered as Section 17.04.233.

Ornamental Tree shall mean a small tree that has high visual impact due to flowers, shape, interesting form, or other attractive characteristics.

(Ord. 3404, 2021)

Outdoor Animal Activity Area means an exterior animal play area secured by fencing that is primarily used during daytime hours and is monitored by employees and/or volunteers. The activity area may be off-leash or on-leash.

(Ord. 3386, 2021)

Outdoor Animal Kennel means an exterior animal housing structure that provides shelter and may be utilized overnight in the outdoors. An Outdoor Animal Kennel may or may not be secured by fencing. Outdoor Kennels are typically used by dogs.

(Ord. 3386, 2021)

Outdoor Animal Run means an exterior animal exercise space characterized by a distinct ground surface (such as stone, turf, or concrete) that is secured by fencing. Outdoor Animal Runs are typically narrow rectangular enclosures located against the side of a structure or perimeter fence line.

(Ord. 3386, 2021)

Outdoor Seasonal Display consists of the accessory sale of seasonal lawn and garden products such as firewood, windshield wash, bedding plants, landscape plants, bagged products such as potting soil, mulch, and other soil amendments, and garden stone. The terms of this section are not to be construed to ally to the outdoor display of vehicles, propane tanks, or display areas for lawn and garden businesses, which have been approved with their site plan.

(Ord. 3386, 2021)

Overlay district means a district which acts in conjunction with the underlying zoning district or districts.

(Ord. 3386, 2021)

Owner means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

(Ord. 3386, 2021)

Package sewer treatment plant means a community sewer system, including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.

(Ord. 3386, 2021)

Parking garage means a building used for the storage of motor vehicles, which may contain space rented to the general public by the hour, day, week, month or year, and may, but are not required to include the accessory sale of gasoline and motor oil if wholly within a completely enclosed building.

Parking lot means any plot used for the storage of motor vehicles which contains space rented to the general public by the hour, day, week, month or year.

Parking space means a surfaced area, enclosed in the main building or in any accessory building, or unenclosed, having an area of not less than two hundred (200) square feet except as otherwise provided in this title, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress or egress for automobiles.

Particulate matter means dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

Patio means an open, often paved area connected to a house or building and serving as an outdoor living area.

Performance standard means a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosion hazards, and glare or heat generated or inherent in uses of land or buildings.

Perimeter Street means any existing street to which the parcel of land to be subdivided abuts on only one (1) side.

Pet Store means a business that engages in retail sales of animal-related products. A Pet Store may sell various small animal species (including reptiles, small animals, birds, fish, cats, and dogs) and may provide related accessory services such as animal grooming.

(Ord. 3386, 2021)

Planning Commission means the City Planning Zoning Commission established in accordance with Chapter 12 of the Revised Statutes of Kansas.

The definition of plat is provided under Section 17.04.376.

Plot means one (1) or more contiguous parcels of land under single ownership or control, designated by its owner, at the time of filing an application for a building permit, as a tract to be used, developed or built upon as a unit. It may or may not coincide with the deed description thereof or the boundaries of the same as shown on a map thereof filed for record or otherwise, and it may be subsequently subdivided into two (2) or more plots, provided all such plots conform to all the regulations of the district. The boundaries of any plot for which a building permit or certificate of occupancy is requested, shall be accurately drawn on the application therefore.

Corner plot means a plot whose plot lines form an interior angle of less than one hundred thirty-five (135) degrees at the intersection of two (2) street lines. A plot abutting on a curved street shall be deemed a corner plot if the tangents to the curve at the points of intersection of the side plot lines with the street lines intersect at an interior angle of less than one hundred thirty-five (135) degrees. A limited access highway shall not be considered an abutting street for the purposes of this section.

Plot frontage means the horizontal distance measured along the full length of a street line abutting the plot.

Interior plot means a plot other than a corner plot or a through plot.

Plot line means a boundary line of a plot.

Front plot line means the line of a street on which a plot fronts or abuts, subject to Section 17.84.010.

Rear plot line means any plot line, other than a street line, which is parallel to the front plot line or within forty-five (45) degrees of being parallel to the front plot line. Where two (2) or more plot lines meet, the foregoing designation which has the smallest acute angle, or the center of which is farther from the center of the front plot line, shall be designated the rear plot line, and the other plot line shall be designated a side plot line.

Side plot line means any plot line not a front plot line or a rear plot line, including a plot line of an offset portion of the lot.

Through plot means a plot, other than a corner plot, having frontages on two (2) streets.

A.

In RE and RS districts, "plot width" means the distance between side plot lines measured along a line parallel to the front plot line (or where the front plot line is not a single straight line, to a straight line connecting the end points of the front plot line) drawn through the point of the principal building nearest the street.

B.

In all other districts, the width is the distance between of the side plot lines at a distance equal to the depth of the required front yard.

Porch means an exterior appendage to a building, forming a covered approach or vestibule to a doorway.

Preliminary plat means the preliminary drawing or drawings, described in this title, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for its approval.

Primary arterial means a road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the City; and/or as a route for traffic between communities or large areas.

Private street setback shall mean that distance of open area between the curb line or edge of pavement on a ditch section road to the building line.

(Ord. 3404, 2021)

Professional office means the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.

Public building means any building held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which City responsibility is established. All such improvements shall be properly bounded.

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

R district means an RE, RS, R-1, RGA or RHR district in the City, used primarily for residential purposes.

Registered land surveyor means a land surveyor properly licensed and registered in the State of Kansas.

Related persons means:

A.

Persons related by blood, marriage, adoption, or guardianship; or

B.

A person having legal custody of a minor or the designee of a parent or other person having legal custody of a minor.

(Ord. 3419, 2022)

Residential Treatment shall mean the provision of service or other accommodations for any patient/client to stay more than twenty-four (24) hours in regard to drug and alcohol treatment centers, mental health treatment facilities and social, correctional, treatment and counseling services.

Resubdivision means a change in a map of an approved or recorded subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Ringelmann Chart means one which is described in the U.S. Bureau of Mines Information Circular 83333, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke and smoke density.

Ringelmann Number means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of the emission or the light-obscuring capacity of smoke and smoke density.

Dead-end road means a road or portion of a street with only one (1) vehicular-traffic outlet.

Road right-of-way width means the distance between property lines measured at right angles to the centerline of the street.

For the purpose of providing for the development of the street, highways, roads and rights-of-way in the City and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right-of-way, and those located on approved and filed plats, have been designated on the official map of the City and classified therein. The classification of each street, highway, road and right-of-way is based upon its location in the respective zoning districts of the City and its present and estimated future traffic volume and its relative importance and function as specified in the comprehensive plan of the City. The required improvements shall be measured as set forth for each street classification on the official map.

Rooming house means a residential building with three (3) or more sleeping rooms for lodgers, and wherein no dining facilities are provided for the lodgers.

Rural residential district means the RE district, the requirements for which district for public roads, streets, sidewalks, curbs and other public improvements as set forth in the Shawnee Design Criteria, subdivision regulations and applicable laws, ordinances, rules and regulations of the City are adapted to preserve the rural quality of the district.

Sale or lease means any immediate or future transfer of ownership, including contract of sale or transfer, or an interest in a subdivision or part thereof, whether by meter and yards, deed, contract, plat, map or other written instrument.

Same ownership means ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

School of general instruction means any public or private elementary, junior high, high school, college, university or postgraduate school, offering courses in general instruction at least five (5) days per week and seven (7) months per year.

School of special instruction means a school for the teaching of technical skills, trades and arts.

Screening means:

A.

Either:

1.

A strip at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or

2.

An opaque wall or barrier or uniformly painted fence at least six (6) feet high.

B.

Subsection 1. or 2. of subsection A shall be maintained in good condition at all times, and may have normal entrances and exits, but shall have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one (1) directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two (2) square feet in area, which shall be non-illuminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.

Seats means the designed normal seating capacity of the establishment.

Secondary arterial means a road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices and/or designed to carry traffic from collector streets to the system of primary arterials.

Setback means the distance between a building or structure and the street or property line nearest thereto.

Setback Triangle is defined as the Sight Distance Triangle as defined in Policy Statement 52.

(Ord. 3404, 2021)

Shade tree means a tree in a public space, street or special easement adjoining a street as provided in these regulations.

Shrubs shall mean any self-supporting, woody plant of a species which normally grows to an overall height of less than fifteen (15) feet in this region.

(Ord. 3404, 2021)

Single housekeeping unit means a group of non-transient persons that occupies a dwelling with common kitchen facilities and shares household activities or responsibilities.

(Ord. 3419, 2022)

Small trees shall means species of trees that reach twenty (20) feet or less in height at maturity, including ornamental and upright evergreen trees.

(Ord. 3404, 2021)

Editor's note— Due to the addition of material, Section 17.04.332 has been renumbered as Section 17.04.333.

Soil means a natural body of mineral and organic constituents.

Stoop means a raised platform, approached by steps and sometimes having a roof, at the entrance of a house.

Street means:

A.

An existing or proposed state, county or City highway, road, street or right-of-way, or a street, highway, right-of-way or road shown:

1.

On the official map of the City;

2.

On a plat approved by the City Planning Commission recorded in the office of the recorder of deeds;

3.

On a plat duly filed and recorded in the office of the recorder of deeds prior to the time the Planning Commission was given the power to approve plats, providing such street, highway, right-of-way or road shall have been suitably improved to satisfaction of the Governing Body.

B.

Nothing herein contained shall preserve any proposed street, highway, right-of-way or road shown on a plat, whether or not filed or recorded, which plat is invalidated by amendment of the zoning ordinance except as protected by Chapter 12 of the Revised Statutes of Kansas, or as provided in this title or the subdivision regulations.

Street centerline means a line, equidistant from each street line of a street, or, if no street line is established, the centerline of the existing pavement, or, if the street is unpaved, the centerline of the existing traveled way.

Street graphics means any letter, symbol, number or combination of these as a sign which can be seen from the right-of-way of a street or highway. Street graphics include all such signs other than Federal, State, County and City signs and traffic signs as are installed for public purposes.

Street line means the right-of-way line of a street.

Street Trees shall mean any trees planted within the public right-of-way or any portion thereof between the edge of the street pavement or curb and the adjacent private property line.

(Ord. 3404, 2021)

Structure means any construction above or below ground.

Temporary structure means a structure that does not require a building permit in accordance with the current building code.

Subdivider means any person who:

A.

Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who:

B.

Directly or indirectly sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel site, unit or plot in a subdivision, or who:

C.

Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plot in a subdivision, and who:

D.

Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.

Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bound description, map, plat or other recorded instrument.

Subdivision agent means any person who represents or acts for or on behalf of a subdivider or developer, in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plot in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.

Subdivision plat means the final map or drawing described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the recorder of deeds for filing.

Subdivision regulations means the official subdivision regulations of the City, together with all amendments thereto, adopted pursuant to Chapter 12 of the Revised Statutes of Kansas.

Substantial improvement means any repair, reconstruction or improvements of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

A.

Before the improvement is started; or

B.

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations.

Summer colony means a group of buildings of a permanent type of construction, containing separate living accommodations primarily for non-transient vacation or recreational purposes for families or adults on a seasonal basis for hire.

Swimming club means a pool operated for members and their guests, whether or not operated for gain.

Private swimming pool means a pool which is an accessory use to a residence and for the exclusive use of the occupants of the residential building and their guests.

Temporary means a time period not to exceed two (2) years.

Tent means any temporary structure or enclosure, the roof of which and/or one-half (½) or more of the sides, are constructed of silk, cotton, canvas, fabric or a similar pliable material.

Three-component measuring system means instrumentation which can measure earthborn vibrations in three (3) directions; that is, vibration occurring in a horizontal as well as vertical plane.

Tourist home means a dwelling unit in which sleeping accommodations for more than two (2) and less than ten (10) persons are hired out for transient occupancy, primarily for overnight use by automobile travelers.

Townhouse means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs.

Trees shall mean any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen (15) feet in this region.

(Ord. 3404, 2021)

Tree Protection and Preservation Plan means the process of protecting trees from damage due to construction related activity through fencing surrounding the tree to protect the soil and root structure below.

(Ord. 3404, 2021)

Travel trailer means a portable vehicular unit designed and intended to be used for temporary short-term occupancy and for frequent and extensive travel use, including, but not limited to: travel trailers, campers, motor homes, converted buses and other similar units, whether they are self-propelled, pulled or can be hauled.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.400 has been renumbered as Section 17.04.401.

Turf grass shall mean a species of perennial grass grown as a permanent lawn or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes.

(Ord. 3404, 2021)

Upright Evergreen Tree shall mean a narrow columnar or conical evergreen shrub that generally does not exceed fifteen (15) feet in height.

(Ord. 3404, 2021)

Usable open space means that part of the ground area or a plot for a multi-family residence, a one-family attached residence in a building which also contains nonresidential uses, which is:

A.

Devoted to outdoor recreational space, greenery and service space for household activities (such as clothes-drying) which are normally carried on outdoors;

B.

Not devoted to private roadways, vehicular transportation, accessory off-street parking spaces or accessory off-street loading berths;

C.

Unobstructed except as permitted by Section 17.60.010;

D.

Accessible and available to all occupants of dwelling units for whose use the space is required; and

E.

Having a minimum dimension specified in this title.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.402 has been renumbered as Section 17.04.404.

Use means any purpose for which buildings or other structures or land may be occupied.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.403 has been renumbered as Section 17.04.405.

Nonconforming use means a use of a building or land, or both, which was lawfully established but which does not conform to the use regulations for the district in which it is located. It may or may not involve any principal building. Any use which is permitted in a district by special permit shall be considered a conforming use, subject to all conditions applicable thereto.

Veterinary Services means an establishment operated by a licensed veterinarian for the purpose of routine care, diagnosis, and treatment of animals.

(Ord. 3386, 2021)

Vibration means the periodic displacement, measured in inches, of earth.

Vineyard means an establishment with not less than one hundred (100) vines to manufacture, store, and sell wine on-site as permitted by the State of Kansas.

(Ord. No. 3280, 2019)

Winery means an establishment licensed by the State of Kansas to manufacture, store, and sell domestic table wine and domestic fortified wine.

(Ord. No. 3280, 2019)

Yard Areas, Primary yards shall mean the front, side and rear yard areas, as required by Chapters 17.10 through 17.30 of this title, to meet minimum bulk requirements. The primary yard area is measured from the foundation of the residential structure toward the property lines.

(Ord. 3404, 2021)

Yard Areas, Secondary yard shall mean those yard areas in excess of the primary yard area.

(Ord. 3404, 2021)

Required yard means open and unobstructed ground area of the plot extending inward from a plot line the distance specified in the regulations for the district in which the plot is located. Where a buffer area is required, the buffer area shall be deemed to commence from the interior line of the buffer area.

(Ord. 3404, 2021)
(Ord. No. 3280, 2019)

Editor's note— Due to the addition of new material, Section 17.04.411 has been renumbered as Section 17.04.413.

Required front yard means a required yard extending along the full length of the front plot line between the side plot lines.

Editor's note— Due to the addition of new material, Section 17.04.412 has been renumbered as Section 17.04.414.

(Ord. 3404, 2021)

Required rear yard means a required yard extending the full width of the plot and situated between the rear plot line and the rear line of the building projected to the side lines of the plot. The depth of the rear yard shall be measured between the rear plot line and the rear line of the principal building located on the plot.

(Ord. 3404, 2021)

Editor's note— Due to the addition of new material, Section 17.04.414 has been renumbered as Section 17.04.415.

Required side yard means a required yard extending along a side plot line from the required front yard (or from the front plot line if there is no required front yard) to the required rear yard (or to the rear plot line if there is no required rear yard).

Zoning ordinance means the official zoning ordinance of the City, as codified in this title, together with any and all amendments thereto, adopted pursuant to Chapter 12 of the revised Statutes of Kansas.