[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:
a. 
Home occupations.
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.
3. 
Home occupations.
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.
3. 
Home occupations.
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.
2. 
Accessory uses.
3. 
Home occupations.
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.