For the purpose of this Zoning Regulations, the following rules shall apply:
1. Words and numbers used singularly shall include the plural and the plural, the singular. Words used in the present tense shall include the future.
2. The word “persons” includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver, agent or other representative.
3. The word “shall” is mandatory.
4. The word “use”, “used”, “occupy” or “occupied” as applied to any land or building shall be construed to include the words “intended”, “arranged” or “designed” to be used or occupied.
For the purpose of this Zoning Regulation, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise.
1. ACCESSORY USE OR BUILDING: A subordinate building or use which customarily is incidental to that of the main building or use of the premises. Customary accessory uses include, but are not limited to, tennis courts, swimming pools, garages, air conditioners, garden houses, children's play houses, barbeque ovens and fire places.
2. ALLEY: A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.
3. ALTERATION: Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another shall be considered as an alteration.
4. ANIMAL HOSPITAL OR CLINIC: An establishment where animals are admitted principally for examination, treatment, board or care, by a doctor of Veterinary Medicine. (This does not include open kennels or runs.)
5. APARTMENT: (See Dwelling, Multiple.)
6. BASEMENT: That portion of a building having more than 1/2 of its height below grade.
7. BOARD OF ZONING APPEALS: That Board which has been created by the Governing Body having jurisdiction and which has the statutory authority to hear and determine appeals, exceptions and variances to the zoning regulations.
8. BOARDING OR LODGING HOUSE: A building other than a hotel where, for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for 3 or more persons, but not exceeding 20 persons. Individual cooking facilities are not provided.
9. BUILDING: Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.
10. BUILDING HEIGHT: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
11. CLINIC (See Medical, Dental or Health Clinic.)
12. COMMON OPEN SPACE: An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
13. DAY NURSERY: An establishment other than a public or parochial school, which provides day care and education for 4 or less unrelated children.
14. DISTRICT: A section or sections of the zoning area for which these regulations governing the use of land, the height of buildings, the size of yards and the intensity of use are uniform.
15. DOG: Any canine specie over 12 months of age.
16. DWELLING: Any building or portion thereof which is designed and used exclusively for residential purposes.
17. DWELLING SINGLE-FAMILY: A building having accommodations for and occupied exclusively by one family It is specifically identified insofar as permitted uses that single-family dwelling does not include the permission of mobile homes. Mobile homes are permitted only in those districts where mobile homes are listed a permitted use.
18. DWELLING TWO-FAMILY: A building having accommodations for and occupied exclusively by two families, independently.
19. DWELLING MULTIPLE: A building having accommodations for and occupied exclusively by more than two families, independently.
20. FAMILY: One or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than 4 unrelated persons living together as a single housekeeping unit; plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house, hotel or motel.
21. FLOOR AREA:
a. For computing off-street parking requirements: Shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the following areas;
(1) The basement floor area.
(2) The area of each floor of the structure.
(3) Attic space having head-room of 7' 10” or more.
b. Floor area for determining floor area ratio: As used herein shall be computed as the sum of the following areas.
(1) The gross horizontal areas of the several buildings measured from the exterior faces of exterior walls or from the center line of walls separating two buildings which shall include floor area utilized for stairwells or elevator sha fts and floor space used for mechanical equipment (except equipment open or enclosed, located on the roof);
(2) Penthouses;
(3) Basement floor area;
(4) Attic space having a head-room of 7' 10” or more;
(5) Interior balconies and mezzanines;
(6) Enclosed porches;
(7) Floor area devoted to accessory uses;
(8) Interior malls.
22. FLOOR AREA RATIO: The maximum percentage of allowable floor area of a building or complex (including both principal and accessory buildings) computed by dividing the floor area of said complex or buildings by the area of the building site.
23. FRONTAGE: The length of the property abutting on one side of a street measured along the dividing line between the property and the street.
24. GARAGE PRIVATE: An accessory building designed or used for the storage of not more than 4 motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
25. GARAGE PUBLIC: A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring servicing, selling or storing motor-driven vehicles.
26. GOVERNING BODY: That Body having jurisdiction in the zoning area.
27. GROUP DAY CARE CENTER: An establishment other than a public or parochial school, which provides day care, play groups, nursery schools or education for 5 or more unrelated children aged 3 years or more. Group Day Care Centers shall meet all requirements of the Kansas State Board of Health, Maternal Child Care Division.
28. GRADE:
a. For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.
b. For buildings having walls facing more than one street, the grade shall be the average of the grades (as defined in fu above) of all walls facing each street.
c. For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.
Any wall approximately parallel to and not more than 5 feet from a street line is considered as facing the street.
29. HOME OCCUPATIONS: A business, profession or trade conducted for gain or support entirely within a residential building subject to the following use limitations:
a. In all residential districts:
(1) No commodities shall be displayed or sold on the premises except that which is produced on the premises.
(2) No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.
(3) No outdoor storage of materials or equipment used in the home occupation shall be permitted.
(4) No alteration of the principal residential building shall be made which changes the character thereof as a residence.
(5) The home occupation shall be carried entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.
b. In the “R-S”, “R-1 “, “R-2”, and “R-3” Residential Districts:
(1) No sign shall be permitted unless required by State Statute, and if so required, shall not exceed 2 square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
(2) No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.
(3) No manufacturing or processing of any sort whatsoever shall be done, and no stock-in-trade shall be displayed or sold on the premises.
c. In all other districts permitting residents:
(1) No sign shall exceed 2 square feet in area and any sign provided shall be placed flat against the main wall of the building.
(2) No stock-in-trade except articles produced by persons occupying such dwelling as their residence, shall be displayed or sold on the premises.
d. Particular Home Occupations Permitted: Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of subsections a., b., and c. of this section:
(1) Dressmakers, seamstresses, tailors.
(2) Music teachers, provided that instruction shall be limited to 5 pupils at a time.
(3) Dance and drama instructors, provided that instruction shall be limited to not more than 10 pupils at one time.
(4) Artists, sculptors and authors or composers.
(5) Offices for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions.
(6) Ministers, rabbis and priests.
(7) Offices for salesmen, sales representatives, manufacturers representatives, when no retail or wholesale transactions are made on the premises.
(8) Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc. provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the above home crafts when pursued as a hobby or avocation.
(9) Day care centers or babysitters caring for less than 5 unrelated children.
(10) Barber shops and beauty parlors.
(11) Services such as small appliance, radio and T.V. repair.
e. Particular Home Occupations Prohibited: Permitted home occupations shall not in any event include:
(1) Funeral homes.
(2) Nursery schools unless specifically permitted by the district regulations.
(3) Restaurants.
(4) Small grocery stores.
(5) Stables or kennels.
(6) Tourist homes, unless specifically permitted by the district regulations.
(7) Renting of trailers or equipment.
(8) Animal kennels or hospitals.
(9) Auto and other vehicle repair.
30. HOTEL: A building or portion thereof, or a group of buildings, used as a transient abiding place which may or may not serve meals and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court or other similar designation.
31. INSTITUTION: A building occupied by a non-profit corporation or a non-profit establishment for public use.
32. KENNEL-BOARDING: Any place, area, building or structure where dogs (including those under 1 year in age) are boarded, housed, cared for, fed or trained by other than the owner.
33. KENNEL-BREEDER: Any place, area, building or structure where more than four dogs are kept for purposes of breeding, raising or as pets.
34. LODGING HOUSE: (See Boarding House.)
35. LOT: A parcel of land occupied or intended for occupancy by one main building or a complex of buildings together with the accessory structures and including the open spaces and parking required by this regulation, which may include more than one lot of record or metes and bounds described tract having its principal frontage upon a public street or officially approved place.
36. LOT, CORNER: A lot abutting upon 2 or more streets at their intersection.
37. LOT, DEPTH OF: The mean horizontal distance between the front and the rear lot lines.
38. LOT, DOUBLE FRONTAGE: A lot having a frontage on 2 non-intersecting streets, as distinguished from a corner lot.
39. LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds prior to the adoption of this regulation.
40. LOT, ZONING: A parcel or tract of land used, developed or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record or any combination thereof.
41. MEDICAL DENTAL OR HEALTH CLINIC: Any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings; including, but not limited to doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists and in which no patients are lodged overnight, but which may include an apothecary.
42. MOBILE HOME: Any prefabricated structure, composed of one or more parts, used for living and sleeping purposes, shipped or moved in essentially a complete condition and mounted on wheels, skids or rollers, jacks, blocks, horses, skirting or a permanent or temporary foundation or any prefabricated structure which has been or reasonably can be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term mobile home shall include trailer home and camp car, but the definition shall not apply to any vehicle lawfully operated upon fixed rails.
43. MOBILE HOME PARK: Any area, piece, parcel, tract, or plot of ground, equipped as required for support of mobile homes and offered for use by owner or representative for mobile home park purposes and/or ground upon which one or more mobile homes are parked, whether for compensation or not, including all accessory uses thereof. The term mobile home park does not include sales lots on which unoccupied mobile homes are parked for the purpose of inspection and sale.
44. NON-CONFORMING STRUCTURE: A structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
45. NON-CONFORMING USE: An existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendments hereto.
46. NURSING HOMES OR CONVALESCENT HOMES: An institution or agency licensed by the State for the reception, board, care or treatment of 3 or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
47. PARKING SPACE: An area surfaced for all weather use including gravel, sand or comparable material for the purpose of storing one parked automobile. For the purpose of this regulation one parking space shall have a minimum width of 9 feet and a minimum length of 20 feet. In computing off street parking, additional space shall be required for access drives to each parking space.
48. PLACE: An open unoccupied space, other than a publicly-dedicated street or alley, permanently reserved as the principal means of access to abutting property.
49. PRIVATE CLUB: A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or premises, or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private club are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws.
50. PROFESSIONAL OFFICE: Any building or part thereof used by one or more persons engaged in the practice of law, accounting, architecture, engineering or other occupation customarily considered as a profession.
51. PUBLIC UTILITY: Any business which furnishes the general public (1) telephone service, (b) telegraph service, (c) electricity, (d) natural gas, (3) water and sewer, (f) any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State.
52. RESTAURANT: A public eating establishment at which the primary function is the preparation and serving of food.
53. SERVICE STATION: A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced, self-service pumps without buildings shall also be included, such service shall not include tire recapping, body repairs or major overhaul.
54. SIGN: Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention an object, product, place, activity, persons, institution, organization or business but shall not include any display of official notice or official flag.
55. SITE TRIANGLE: An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90 foot distance shall be increased to 120 feet.
56. SPECIAL USE PERMIT: A special use permit is a written permit issued by the Zoning Administrator with the written authorization of the Board of Zoning Appeals. This special use permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations.
57. STORY: 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 it.
58. STREET: A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.
59. STREET LINE: A dividing line between a lot, tract or parcel of land and the contiguous street.
60. STREET NETWORK:
1. Expressway: A street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
2. Arterial: A street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
3. Collector: A street which provides for traffic movement between arterials and local streets, with direct access to abutting property.
4. Local: A street which provides direct access to abutting land, and local traffic movement whether in business, industrial or residential areas.
61. STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures and street signs.
62. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration.
1. Attachment of a new front where structural supports are not changed.
2. Addition of fire escapes where structural supports are not changed.
3. New windmills where lintels and support walls are not materially changed.
4. Repair or replacement of non-structural members.
63. TAVERN: An establishment in which the primary function is the public sale and serving of alcoholic beverages for consumption on the premises, including establishments, commonly known as key clubs, which are open, and in which alcoholic beverages are served, only to members and their guests.
64. TRAILER: (See Mobile Home.)
65. YARD: A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.
66. YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the building setback line.
67. YARD, REAR: A yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and rear setback line.
68. YARD, SIDE: A yard extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the side yard shall be measured horizontally, between the side lot line and the furthest architectural projection of the structure.
69. ZONE OR DISTRICT: A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land, and open spaces about building are herein established.
70. ZONING ADMINISTRATOR: The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these zoning regulations.
71. ZONING AREA: The area to be zoned as set out on the official Zoning Map filed of record.
72. ZONING REGULATIONS: The term zoning regulations or this or these regulations shall mean the requirements stipulated in the regulations herewith attached.
Words or terms not herein defined shall have their ordinary meaning in relations to the context.