[Ord. No. 1007 §16-204, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.010), 9-24-2003; Ord. No. 1111 §1, 3-24-2004; Ord. No. 1142 §4, 12-8-2004; Ord. No. 1260 §2, 5-21-2008; Ord. No. 1304 §1, 10-21-2009]
A. In
District "R-1", no building, structure, land or premises shall be
used and no building or structure shall be hereafter erected, constructed,
reconstructed, moved or altered except for one (1) or more of the
following uses:
1. Dwellings, one-family, except for residential-designed manufactured
homes.
2. Publicly owned parks and recreational areas.
3. Churches, synagogues, community centers, public libraries, public
museums, public art galleries, public schools, elementary and high
and private schools with curriculum equal to that of a public school
and institutions of higher learning, all subject to the following
conditions:
a. There shall be a side yard of at least twenty-five (25) feet for
any principal or accessory building.
b. Off-street parking shall be set back at least seven (7) feet from
any property line and shall be suitably screened by walls, berms or
landscaping.
c. The location of the use shall be in accordance with at least one
(1) of the following situations:
(1)
On a corner lot immediately adjacent to or across the street from a public park or public recreational area or any other purpose listed in Subsection
(A)(3) above.
(2)
On a parcel or tract of land entirely surrounded by any combination
of highways, streets or alleys.
(3)
A lot or parcel of land immediately adjoining "R-2" to "C-2"
District inclusive; or on a corner lot immediately opposite on the
other side of the street in any "R-2" to "C-2" District.
(4)
On a lot approved by the City Council after a public hearing
held by the Planning Commission, provided it is found that the use
does not materially damage or curtail the appropriate use of neighboring
property and the use conforms to the applicable district regulations
and is compatible and does not violate the general spirit and intent
of the zoning ordinance.
4. Group home, as defined by K.S.A. 12-736 and amendments thereto, located
in a single-family dwelling.
5. The following accessory uses are permitted when located on the same
tract, lot or parcel with the above uses:
b. Non-commercial greenhouses.
c. One (1) accessory building of a maximum of one hundred twenty (120)
square feet by eight (8) feet maximum height may be allowed in the
rear yard only with a minimum of a five (5) foot setback from the
side yard or rear yard setback lines. Such accessory building shall
be properly anchored to resist wind forces.
d. Private swimming pools when complying with regulations.
e. Recreation and service buildings, dining halls, dormitories and the like in connection with Subsection
(A)(3) above.
f. Temporary real estate offices, contractors' construction offices
and like character during construction; removed on completion.
g. Private attached garages for passenger cars and other vehicles. Also see Accessory Uses (Chapter
420, Article
I), Detached Garages (Section
420.010) and Prohibited Uses (Chapter
420, Article
II, Section
420.020 et seq.).
h. All non-residential uses proposed in this district shall be subject to the approval procedures set forth in Section
440.170(C).
i. For other accessory uses, see Chapter
420, Article
I.
B. Height And Area Regulations Generally. In District "R-1", the height of buildings, the minimum dimension of lots and yards and the minimum lot area per dwelling unit permitted on any lot shall be as follows in Subsections
(C) through
(I) of this Section (for exceptions see Section
415.010).
C. Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2½) stories
in height.
D. Front Yards. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be at least thirty
(30) feet. The setback may be reduced to twenty (20) feet, if the
following conditions are met.
1. The setback reduction is for an attached living area or covered porch
to the principal structure, not including the garage, which does not
exceed a total of one hundred twenty (120) square feet of above grade
finished livable space.
2. The exterior materials of the proposed living area or porch are consistent
or complementary in color, texture and quality with those visible
at the front of the dwelling.
3. The roof and design of the proposed living area or porch is properly
proportioned to and integrated with the dwelling.
4. Plans are approved by the Planning Commission.
5. The structure does not adversely affect drainage on the lot or neighboring
properties.
E. Side Yards.
1. There shall be a side yard on each side of a dwelling no less than
five (5) feet and need not be more than fifteen (15) feet.
2. Buildings on corner lots shall provide a side yard on the street
side of not less than fifteen (15) feet.
F. Rear Yards. The depth of the rear yard shall be at least
twenty (20) feet.
G. Lot Area Per Residential Dwelling. Every dwelling hereafter
erected, moved or altered shall provide a lot area of not less than
six thousand six hundred (6,600) square feet per dwelling unit.
H. Floor Area And Lot Size. All single-family dwellings hereafter constructed or altered shall conform to the minimum ground floor area regulations set out in the subdivision regulations, Section
455.360 and further established at time of platting. The footprint of the primary structure may not exceed thirty percent (30%) of the total lot area. The total maximum lot coverage of all structures, including accessory structures, shall not exceed thirty-five percent (35%) of the total lot area.
I. Minimum Lot Size. Any single-family dwelling hereafter constructed,
reconstructed or altered shall require a lot having a width of not
less than seventy (70) feet and an average depth of one hundred ten
(110) feet, except that:
1. Any lot platted prior to October 8, 2003 and which has a width of
sixty (60) feet and an average depth of one hundred ten (110) feet
may be utilized for single-family dwelling.
2. Any lot may be split to a minimum width of sixty (60) feet and depth
of one hundred ten (110) feet if it complements the overall character
of the adjacent neighborhood. In considering applications for a lot
split to a width of less than seventy (70) feet, the lot width of
any newly created lot may not be less than seventy-five percent (75%)
of the average front lot width of lots within the subject property's
block.
J. Parking Regulations. Two (2) off-street parking spaces shall be provided for each single-family dwelling, at least one (1) of which shall be in a garage or a carport. (See Chapter
425 for additional parking requirements. Also see Prohibited Uses, Chapter
420, Article
II, Section
420.020 et seq.)
K. Noise Regulations. No use shall be operated and no activity
or equipment maintained that produces noise of a pitch or level that
violates the residential character or destroys the livability and
tranquility of the neighborhood. In no case shall a noise level be
generated that exceeds fifty (50) db (A) at repeated intervals or
for a sustained length of time measured at the property lines.
L. Plan Approval. Prior to the issuance of any building permit for non-residential development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
[Ord. No. 1007 §16-205, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.020), 9-24-2003; Ord. No. 1304 §2, 10-21-2009]
A. Permitted Uses. In District "R-2", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1. Any use permitted in District "R-1".
2. Dwellings, two-family, commonly referred to as duplexes.
3. Accessory uses as provided in District "R-1".
4. Recreation areas and buildings, including swimming pools.
5. Buildings designed for common area maintenance.
B. Height And Area Regulations Generally. In District "R-2", the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows in Subsections
(C) through (H) (for exceptions see Section
415.010).
C. Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2½) stories
in height.
D. Front Yards. Any building hereafter constructed shall provide
a front yard the minimum depth of which shall be thirty-five (35)
feet.
E. Side Yards. There shall be a side yard on each side of the
building the total of which side yard shall be not less than twenty
percent (20%) of the width of the lot measured at the building line
and no side yard shall be less than seven (7) feet and need not be
more than fifteen (15) feet. Buildings on corner lots shall provide
a side yard on the street side of not less than fifteen (15) feet.
F. Rear Yards. The depth of the rear yard for each dwelling
unit shall be at least twenty-five (25) feet.
G. Lot Area Per Residential Dwelling. Every dwelling hereafter
erected, moved or altered in this district shall provide a lot area
per family as follows:
1. Single dwelling. Seven thousand seven hundred (7,700)
square feet on interior lots, nine thousand three hundred fifty (9,350)
square feet on corner lots.
2. Double dwelling. Four thousand (4,000) square feet
on interior lots, five thousand five hundred (5,500) square feet on
corner lots.
H. Lot Size.
1. The width of the lot at the building line shall be at least seventy
(70) feet except that the width of a corner lot shall be not less
than eighty-five (85) feet.
2. The average depth of the lot measured at the center of each unit
shall not be less than one hundred ten (110) feet.
I. Parking Regulations. Two (2) off-street parking spaces shall be provided for each family dwelling unit, at least one (1) of which shall be in a garage. (See Chapter
425 for additional parking requirements. Also see Chapter
420, Article
II, Section
420.020 et seq., for prohibited uses.)
J. Noise Regulations. No use shall be operated and no activity
or equipment maintained that produces noise of a pitch or level that
violates the residential character or destroys the livability and
tranquility of the neighborhood. In no case shall a noise level be
generated that exceeds fifty (50) db (A) at repeated intervals or
for a sustained length of time measured at the property lines.
K. Plan Approval. Prior to the issuance of any building permit for non-residential development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
[Ord. No. 1007 §16-206, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.030), 9-24-2003; Ord. No. 1304 §3, 10-21-2009]
A. Permitted Uses. In District "R-3", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1. Residential buildings defined herein as town houses and including
customary accessory uses.
2. Clubs, swimming pools, garages and other similar facilities normally
accessory to the main use of the premises.
B. Height. Buildings or structures shall not exceed two and
one-half (2½) stories or thirty-five (35) feet in height.
C. Lot Size. No town house project will be constructed on a
lot having less than one (1) acre.
D. Lot Area Per Dwelling Unit. Every town house unit hereafter
constructed, moved or altered shall provide a net site area of not
less than five thousand (5,000) square feet.
E. Yard Areas.
1. Each residential or accessory building shall provide a setback from
any public street of not less than twenty-five (25) feet.
2. Each residential building shall provide a yard between the building
and a property line of the project, other than a street line, of not
less than ten (10) feet.
3. Each accessory building shall provide a yard between the building
and a property line of the project, other than a street line, of not
less than seven (7) feet.
F. Parking Regulation. Two (2) off-street parking spaces shall be provided for each dwelling unit, at least one (1) of which shall be in a garage. (See Chapter
425 for additional parking requirements. Also see Chapter
420, Article
II, Section
420.020 et seq., for prohibited uses.)
G. Noise Regulations. No use shall be operated and no activity
or equipment maintained that produces noise of a pitch or level that
violates the residential character or destroys the livability and
tranquility of the neighborhood. In no case shall a noise level be
generated that exceeds fifty (50) db (A) at repeated intervals or
for a sustained length of time measured at the property line.
H. Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
[Ord. No. 1007 §16-207, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.040), 9-24-2003; Ord. No. 1273 §1, 8-20-2008; Ord. No. 1304 §4, 10-21-2009]
A. Permitted Uses. In District "R-4", no building, structure,
land or premises shall be used and no building or structure shall
be hereafter erected, constructed, reconstructed, moved or altered
except for one (1) or more of the following uses:
1. Garden apartment buildings.
2. Customary accessory uses located on the premises and not involving
the conduct of a business or industry.
B. Height And Area Regulations Generally. In District "R-4", the height of buildings, the minimum dimensions of lots and yards, the minimum lot area per family permitted on any lot shall be as follows in Subsections
(C) through
(G) of this Section (for exceptions see Section
415.010).
C. Height. Buildings or structures shall not exceed two and
one-half (2½) stories in height except that on land having
a natural slope of seven (7) feet or more vertical change in one hundred
(100) feet horizontal distance, buildings containing three (3) stories
to be occupied for residential purposes in the downhill portion may
be approved by the Planning Commission upon submission of preliminary
site and building plans. Such approval shall be given only after the
Commission satisfies itself that adequate natural light and air will
be available to all dwelling units and that no occupant shall be required
to traverse more than one (1) story of stairs from the building entrance
to the highest or lowest occupied story.
D. Front Yards. Front yards shall be not less than thirty (30)
feet.
E. Side Yards. Side yards shall be ten (10) feet for residential
building and seven (7) feet for accessory building, except that not
less than fifteen (15) feet shall be provided on the street side of
a corner lot.
F. Rear Yards. Rear yards shall average twenty-five (25) feet.
The minimum corner to rear property line dimension shall be not less
than fifteen (15) feet. Accessory buildings may sit back only seven
(7) feet from rear property line.
G. Lot Area Per Dwelling. The minimum lot area shall be three
thousand five hundred (3,500) square feet per dwelling unit.
H. Parking Regulations. Two (2) off-street parking spaces shall
be provided on the premises for each dwelling unit.
I. Noise Regulations. No use shall be operated and no activity
or equipment maintained that produces noise of a pitch or level that
violates the residential character or destroys the livability and
tranquility of the neighborhood. In no case shall a noise level be
generated that exceeds fifty (50) db (A) at repeated intervals or
for a sustained length of time measured at the property lines.
J. Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
K. All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-208, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.050), 9-24-2003; Ord. No. 1273 §2, 8-20-2008; Ord. No. 1304 §5, 10-21-2009]
A. Permitted Uses. In District "R-5", no building, structure,
land or premises shall be used and no structure shall be hereafter
erected, constructed, reconstructed or altered except for one (1)
or more of the following uses:
1. Apartment structures designed for occupancy by persons of retirement
age, primarily fifty-five (55) years and older, who do not require
continuing or intensive health care.
2. Congregate living facilities for persons of retirement age.
B. Height And Area Regulations Generally. In District "R-5",
the height of buildings, the minimum dimension of lots and yards and
the minimum lot area per occupant permitted on any lot shall generally
conform to the following guidelines:
|
Every apartment house hereafter constructed, reconstructed or
converted shall provide a lot area per unit of not less than the following:
|
|
4 Bedroom Unit
|
2,,000 square feet
|
|
3 Bedroom Unit
|
1,700 square feet
|
|
2 Bedroom Unit
|
1,400 square feet
|
|
1 Bedroom Unit
|
1,100 square feet
|
|
Every congregate living facility hereafter constructed, reconstructed
or converted shall provide a lot area per occupant of not less than
five hundred (500) square feet.
|
|
Living floor area shall be not less than the following:
|
|
2 Bedroom Unit
|
700 square feet
|
|
1 Bedroom Unit
|
500 square feet
|
|
Studio
|
320 square feet
|
|
The Planning Commission and City Council may grant relief from
the above guidelines upon a showing of good cause or due to unique
circumstances and exceptional design.
|
C. Height. No minimum or maximum height except as determined
in the planned zoning process.
D. Yards. No building shall be located closer than twenty-five
(25) feet to a property line provided greater setbacks may be required
in the planned zoning process.
E. Parking. For multi-family residential buildings hereafter
constructed, reconstructed or converted for the exclusive use of persons
fifty-five (55) years of age or older, one (1) parking space shall
be provided on the premises for each bedroom, but only one (1) space
for each three (3) bedrooms need be improved and paved until such
time as parking demand, as determined by the City Council, requires
the pavement of additional space. Until such deferred parking is required
to be approved, the City Council may require the area of said parking
to be preserved as landscaped open space.
F. Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
G. All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.
[Ord. No. 1007 §16-209, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §410.060), 9-24-2003; Ord. No. 1273 §3, 8-20-2008; Ord. No. 1304 §6, 10-21-2009]
A. Permitted Uses. In District "R-6", no building, land or
premises shall be used and no building or structure shall be hereafter
erected, constructed, reconstructed or altered except for one (1)
or more of the following uses:
1. High-rise apartment buildings.
B. Height And Area Regulations Generally. In District "R-6", the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows in Subsections
(C) through
(G) of this Section.
C. Height. No minimum or maximum except as governed by yard
requirements and provided all buildings requiring occupants to ascend
more than one (1) story shall have elevators and, further provided,
that any apartment building in this district which has less than four
(4) occupied levels shall conform to the yard and lot area requirements
of District "R-4".
D. Front Yard. Any building hereafter constructed shall provide
for a front yard the minimum depth of which shall be thirty (30) feet
plus three (3) feet for each story in excess of four (4).
E. Side Yard. There shall be a side yard on each side of a
building of not less than fifteen (15) feet for one-, two-, three-
and four-story buildings plus two (2) feet for each story in excess
of four (4).
F. Rear Yard. The depth of the rear yard shall be at least
the height of the building plus ten (10) feet for buildings up to
four (4) stories and at least the height of the building for buildings
in excess of four (4) stories.
G. Lot Area Per Family. Every high-rise apartment house hereafter
constructed shall provide a lot area of not less than twelve hundred
(1,200) square feet per dwelling unit.
H. Parking Regulations. One and one-half (1½) parking
spaces shall be provided on the premises or off the premises within
two hundred (200) feet of the main entrance to the building for each
dwelling unit. In addition, a parking area or storage building screened
from view shall provide for tenant-owned boats, campers, trailers
and the like. High-rise buildings for the elderly may have reduced
parking but not less than one-half (½) parking space per unit.
I. Noise Regulations. No use shall be operated and no activity
or equipment maintained that produces noise of a pitch or level that
violates the residential character or destroys the livability and
tranquility of the neighborhood. In no case shall a noise level be
generated that exceeds fifty (50) db (A) at repeated intervals or
for a sustained length of time measured at the property line.
J. Plan Approval. Prior to the issuance of any building permit for development, redevelopment, alteration, replacement or repair site plan approval shall be obtained as provided for in Chapter
440.
K. All
exterior alterations or improvements to buildings (excluding exact
replacements or color), new building permits, site plan reviews and
rezoning/special use permit applications shall be in accordance with
the interim Community Wide Design Guidelines. The intent of the Design
Guidelines is to promote site-specific, contextual buildings that
incorporate mixed uses and pedestrian friendly commercial activity.
For this reason, whenever a conflict exists between the zoning ordinance
and design guidelines requirements for setbacks, height, landscaping
or signage, the design guidelines shall be adhered to.