(a) 
The following words and phrases when used in Articles 2, 3, 4, 5 and 6 of this chapter shall, unless stated to the contrary therein, have the meanings respectively ascribed to them in this section. Any pertinent word or term not a part of this listing, but vital to the interpretation of this Ordinance, shall be construed to have its legal definition.
(b) 
All words used in the present tense include the future tense.
(c) 
All words in the plural number include the singular number, and all words in the singular number include the plural number unless the natural construction of the wording indicated otherwise.
(d) 
The word "shall" is always mandatory; the word "may" is always permissive.
(e) 
The word "person" includes a partnership, association, firm, trust, club, company, corporation or any other body or group as well as the individual. The word "used" or "Occupied" or "located" as applied to any land, building, use structure or premises shall be construed to include the words "intended, arranged or designed to be used or occupied or located".
(f) 
The word "lot" shall include the words "Plot" and "Parcel".
(g) 
Definitions.
ACCESS
Egress and/or ingress.
ACCESSORY BUILDING
A building on the same lot with the main or principal use, either detached from or attached to the main or principal structure, the use of which is subordinate to and customarily incidental to the main or principal structure or the main or principal use.
ACCESSORY STRUCTURE
A structure on the same lot with the main or principal structure or the main or principal use, either detached from or attached to the main or principal structure, the use of which is subordinate to and customarily incidental to the main or principal structure or the main or principal use.
ACCESSORY USE
A use on the same lot with incidental and subordinate to the main or principal use or the main or principal structure.
ALLEY
A minor way, dedicated to public use, which is used primarily for vehicular access to the back or the side of properties otherwise abutting on a street.
APARTMENT BUILDING
A building arranged, intended or designed at the time of original construction to be occupied by three or more apartments or dwelling units.
APPURTENANCE
A subordinate or accessory building or structure or portion of a main building, the use of which is subordinate and customarily incidental to that of the main building.
ARCHITECT
The City Architect of the City of Mission Woods, Kansas.
AREA, BUILDING
The total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, patios, terraces, and steps.
AREA, LOT
The total area within the lot lines, excluding area dedicated to public use.
AUTOMOBILE
See vehicle.
BASEMENT
See B.O.C.A. Code.
BLOCK
A piece or parcel of land entirely surrounded by public highways, streets, railway rights-of-way, parks, or a combination thereof.
BOARD
The Board of Zoning Appeals of the City of Mission Woods, Kansas as established by Ordinance,
BOUNDARY LINE, DISTRICT
The line which encompasses a zoning district as shown on the official City Zoning District Map.
BUFFER STRIP
An area, property, lot or tract of land or portion thereof, vacant or landscaped with screen planting as herein specified, which shall serve as a separating space between dissimilar land uses or districts.
BUILDING
An enclosed structure having a roof supported by columns, walls, arches, or other devices and used for the housing, shelter or enclosure of persons, animals, and chattels.
BUILDING INSPECTOR
The Building Inspector of the City of Mission Woods Kansas.
BUILDING LINE
A line established in general, parallel to the street line between which and the street line no part of a building shall project, except as otherwise provided in this Chapter.
BUILDING RESTRICTION LINE
A line usually parallel to the front, side, or rear lot line set so as to provide the required yards for a building or structure.
BUILDING SITE
The entire lot, tract, parcel or premises on which a building is sited.
BUILDING, ATTACHED
A building having one or more walls in common with other buildings.
BUILDING, DETACHED
A building having no walls in common with other buildings.
CITY
The City of Mission Woods, Kansas.
COMMISSION
The City Plan Commission of Mission Woods, Kansas.
COMPREHENSIVE PLAN (also called General Development Plan, Long Range Plan or Master Plan)
The plan or any of its parts for the development of the City adopted by the City plan Commission for the coordinated and harmonious development or redevelopment of the City. Such proposed plan, which may in addition to a written presentation, include maps, plats, charts and other descriptive matter, shall show the commission's recommendations for the development or redevelopment of said territory including:
(1) 
The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed necessary;
(2) 
Population and building intensity standards and restrictions and the application of the same;
(3) 
Public facilities including transportation facilities of all types whether publicly or privately owned which relate to the transportation of persons or goods;
(4) 
Public improvement programming based upon a determination of relative urgency;
(5) 
The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private;
(6) 
Utilization and conservation of natural resources, and
(7) 
Any other element deemed necessary to the proper development or redevelopment of the area.
CONSTRUCTION
The excavation of earth to provide for a foundation or basement; and/or, the addition to or removal from a lot or tract of land of earth or water so as to prepare said lot or tract of land for the construction of a structure; and/or, the act of placing or affixing a component of a structure upon the ground or upon another such component; and/or, the placing of construction materials in a permanent position and fastened in a permanent manner; and/or, the demolition, elimination, and/or removal of an existing structure in connection with such construction.
CONTIGUOUS AREA
Adjacent lots, tracts, parcels or premises which form a single building site undivided by major streets, thoroughfares or other major physical boundaries.
COUNCIL
The City Council of Mission Woods, Kansas.
COVERAGE
The percentage of the lot area covered by a use. (Referring to a parking, green space.)
COVERAGE, BUILDING
The percentage of the lot area covered by the building area.
CUL-DE-SAC
A street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DENSITY
The number of persons residing on, or dwelling units developed on, an acre of land.
DISTRICT
A section or sections of the City in which zoning regulations and standards are uniform as defined by boundaries on an official Zoning District Map and by this Chapter.
DUPLEX
A building arranged, intended, or designed for residential occupancy by two families.
DWELLING
A building designed exclusively for residential occupancy and containing one or more dwelling units.
DWELLING UNIT
One or more rooms constituting all or part of a dwelling which are used exclusively as, living quarters for one family and which contain a stove, sink, and private sanitary facilities.
DWELLING, MULTI-FAMILY
A building containing three or more dwelling units.
DWELLING, SINGLE FAMILY
A detached building containing one dwelling unit.
EASEMENT
A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes.
ENGINEER
The City Engineer of the City of Mission Woods, Kansas.
ERECTED
Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving and the like, shall be considered a part of erection.
FACADE
Any vertical face of a building, front, side or rear. Front facade shall be that face generally facing the front setback line; side, the side setback line; and rear, the rear setback line. The determination of front, rear and side shall be at the discretion of the City Architect, which discretion shall not be unreasonably exercised.
FAMILY
One person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption occupying the whole or part of a dwelling as a separate housekeeping unit with a common set of cooking facilities. The persons thus constituting a family may also include foster children and domestic servants.
FLOOR AREA
The floor area of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes but need not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.
FLOOR SPACE, LEASABLE
The total floor area which may be leased to a tenant for residential, commercial or industrial use exclusive of the area dedicated to mechanical equipment, stairwells, elevator shafts and central corridors.
FRONT SETBACK
A line established, in general, parallel to the front street line between which and the front street line, no part of a building shall project, except as otherwise provided in this chapter.
GARAGE
An enclosed appurtenance for the storage of motor vehicles.
GENERAL DEVELOPMENT PLAN
See Comprehensive Plan.
GRADE
The average of the elevations of the surface of the ground measured at all corners of a building.
GROSS AREA
The total area of a lot undiminished by street right-of-way, parking areas, easements, or other uses.
HEIGHT
(1) 
AS APPLIED TO A STORYThe vertical measurement between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the vertical measurement between the surface of the floor and the ceiling next above it.
(2) 
AS APPLIED TO A BUILDINGThe vertical measurement from grade to the highest point of the roof.
(3) 
AS APPLIED TO A STRUCTUREThe vertical measurement from grade to the highest point of such structure.
IMPROVEMENTS
Street pavements, with curbs and sidewalks, pedestrian ways, water mains, sanitary and storm sewers, permanent street monuments, trees, buildings, and other appropriate items.
LONG RANGE PLAN
See Comprehensive Plan.
LOT
A single property, parcel, unit tract, plot, or otherwise designated portion of land, having metes and bounds, which is designated by its owner or developer as a property, parcel, unit, tract, plot, or otherwise designated portion of land which has been sold, or is offered, or will be offered for sale, and is to be used, developed, or built upon as a unit under single ownership or control, and which is occupied or capable of being occupied by one or more structures and the accessory structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A "Lot" may not necessarily coincide with a Lot of record.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT, DEPTH
The mean horizontal distance from the front street line to the rear line of a lot.
LOT, INTERIOR
A lot whose side lines do not abut upon a street.
LOT, LINES
The lines bounding a lot.
LOT, THROUGH
An interior lot having frontage on two streets.
LOT, WIDTH
The mean horizontal distance between the side lines of a lot measured at right angles to the depth.
MARGINAL ACCESS ROAD
A road which is adjacent and generally parallel to a limited access freeway that affords direct access to abutting properties and intersecting streets.
NON-CONFORMING USE
A use that is a variation from the requirements in that zoning district.
OPEN SPACE
That space remaining on a lot which is not occupied by buildings, parking areas or driveways and which is either landscaped with shrubs, planted with grass or designated for recreation use for occupants of the premises.
OWNER
The fee simple title holder of record.
PARKING LOT
A permanently surfaced area, enclosed or unenclosed, connected by a permanently surfaced driveway to a street or alley to permit ingress and egress located separately from space dedicated for street purposes.
PEDESTRIAN WAY
A right of way, dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PERFORMANCE STANDARDS
Criteria established to control the use of land, structures, and premises by the amount of noise, odor, smoke, toxic or noxious matter, radioactive hazards, and the glare of heat or light generated by or inherent to, the land, structures, and premises.
PLANNED DEVELOPMENT
A tract of land under single ownership or unified control which is developed or is to be developed in accordance with a plan adapted by ordinance and which plan is made part of said ordinance and the boundaries of which are established on the Zoning District map.
PLANNER
The City planning consultant retained by the City to advise it in matters pertaining to urban development.
PLAT
A map, plan or layout showing the subdivision of land and indicating the location and boundaries of individual lots.
PREMISES
A lot or tract of land and any structure located thereon.
PROPERTY
The general term denoting either singularly or in combination, an area lot, parcel, tract, plot, unit, or otherwise designated portion of land.
PROPERTY LINE
The lines bounding a property.
REAR SETBACK
A line established, in general, parallel to the rear property line between which and said property line no part of a building shall project, except as otherwise provided.
RIGHT-OF-WAY
The entire dedicated tract or strip of land that is to be used by the public for circulation and service.
RINGELMANN CHART
A smoke chart giving shades of gray to which the density of columns of smoke rising from stacks may be compared. Each such shade of gray is categorized according to a Ringelmann Number.
SETBACK LINE
The building restriction nearest the front of and across a lot establishing the minimum distance to be provided between the line of a structure located on said lot and the nearest street right-of-way line.
SIDE SETBACK
A line established on a corner lot, in general, parallel to the property line of the side street between which and said property line no part of a building shall project, except as otherwise provided.
SIDEWALK
That paved portion of the right-of-way designed and intended for the movement of and use of pedestrian traffic.
SIGN
Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, of any civic, charitable, religious, patriotic, fraternal or similar organizations, or any sign indicating address. Each display surface of a sign shall be considered a sign.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, then the space between any floor and the ceiling next above it.
STREET
That portion of the right-of-way designated to carry traffic which affords the principal means of public access to abutting property. A street may be designated as an avenue, a boulevard, drive, highway, lane, parkway, place, road, thoroughfare, or by other appropriate name.
STRUCTURE
Anything constructed or erected with a fixed location on the surface of the ground, or underground, or affixed to something having a fixed location on the surface of the ground. Among other things, structures include buildings, billboards, and signs.
STRUCTURE, ATTACHED
A structure connected to another structure.
STRUCTURE, DETACHED
A structure not connected to another structure.
SUBDIVIDER
A person, firm or corporation undertaking the subdividing or the resubdividing of a lot, tract or parcel of land into separate lots, or other divisions of land for the purpose of transfer of ownership or development, whether immediate or future, including all changes in street or lot lines.
SUBDIVISION
Any division, development, or resubdivision of any part, lot, area or tract of land by the owner or agent, either by lots or by metes and bounds, into separate lots, for the purpose, whether immediate or future, of conveyance, transfer, improvements, or sale, with the appurtenant streets and easements, dedicated or intended to be dedicated to public use.
THOROUGHFARE, MAJOR
A street or road of great continuity, which serves or is intended to serve as a major trafficway, and is designated in the Comprehensive Plan, or otherwise designated, as a limited access highway, major thoroughfare, boulevard, parkway, or other equivalent term, to identify those streets comprising the basic structure of the street plan.
THOROUGHFARE, MINOR
A street of limited continuity which serves or is intended to serve the local needs of a neighborhood.
TOWN HOUSES
A building arranged, intended or designed for residential occupancy by three or more families in three or more units, each unit sharing a common wall.
UNIFIED CONTROL
A legal entity formed among adjacent property owners binding them to a common set of responsibilities and privileges for land use purposes.
USE
The specific purpose of which land, a structure or premises, is designed, arranged, intended, or for which it is or may be occupied or maintained according to the provisions of this Chapter.
USE, PRINCIPAL
The main use of land or buildings as distinguished from a subordinate or accessory use.
VARIANCE
A deviation from the regulations or standards adopted by this ordinance which the Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property, lot, structure, or premises for which the variance is sought.
VEHICLE
A conveyance, either self-propelled or non-self-propelled, in or on which persons and/or goods are transported on the surface of the ground, including automobiles, motor buses, motor trucks, tractors, sleighs, wagons, earth-moving equipment, and other such conveyances.
WINDOW
An opening in an exterior wall of a building, other than a door, which provides all or part of the natural light or ventilation, or both, to an interior space.
YARD
An open space of uniform width or depth on the same lot with a structure, lying between the structure and the nearest lot line and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.
YARD, FRONT
A yard extending the full width of a lot and situated between the front lot line and the nearest line or point of a building or structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line, both such yards shall be classified as front yards. The front yard of a corner lot consisting of one platted lot shall be adjacent to that street on which the lot has its least dimension when there is a question as to which is the least dimension, the City Architect shall make the final determination. The building entrance need not be located on the front yard side.
YARD, REAR
A yard extending the full width of a lot and situated between the rear lot line and the nearest line or point of a structure of building located on said lot.
YARD, SIDE
A yard situated between the side lot line and the nearest line or point of a structure located on said lot and extending from the rear line of the required front yard to the front line of the required rear yard.
ZONE
Section or district in a City restricted by law for a particular uniform use.
ZONING DISTRICT MAP
Official map showing presently zoned use districts.
(a) 
No business building shall be erected in a residentially zoned district, nor shall any dwelling be converted to or used for any business purpose or character in a residentially zoned district, which business or service is secondary to the main use of the premises as a dwelling place or which changes the character thereof or changes the appearance with signs, material or equipment, or emits noise, odor, or other nuisances or causes unusual pedestrian or vehicular traffic pertinent to such business occupation or service, or which business or service uses or requires employment by other than members of a family residing in the dwelling, or which business, occupation or service uses or requires stock in trade, or commodities for sale, or solicitation, which are located on the premises.
(b) 
No person, firm, or corporation shall erect, maintain or use for residential purposes, either temporarily or permanently, any temporary or uncompleted building, automotive equipment, trailer, garage or appurtenance incident to a family dwelling.
(c) 
No uncompleted building, structure of appurtenance shall be permitted or maintained for a period longer than six months.
(d) 
No building, structure or appurtenance damaged by fire or windstorm shall be permitted to remain in such damaged condition for a period longer than three months.
(e) 
No sign of any kind or description shall be placed or permitted to remain in any residential district or in any street right-of-way adjacent thereto, except:
(1) 
Street markers, traffic signs and such other appropriate signs as may be determined by the governing body;
(2) 
A sign, not exceeding 100 square inches in area, upon which there shall be displayed the street number, or an emblem, picture or decal, in color or colors, or the name of a resident, or both;
(3) 
Real Estate Signs.
a. 
During the period that a single family residence is offered for sale, one temporary, non-illuminated, nonreflective, "For Sale" sign located on the premises being offered for sale. The overall area such sign shall not exceed eight square feet and the sign shall not be more than 4.5 feet in height nor be closer than eight feet to the curbline of the street. No other sign indicating the property is for sale shall be permitted except as provided herein.
b. 
During the period commencing 30 minutes before and ending 30 minutes after such time that the property is actually open to the public for inspection, three "Open House" signs shall be permitted for each residence that is open to the public for inspection. One such sign shall be placed upon the property that is being offered for sale. The area of an "Open House" sign shall not exceed 360 square inches per side. "Open House" signs may be placed upon public property or right-of-way, and they may be placed on private property with the permission of the property owner upon whose property such sign is being placed.
c. 
Any subordinate language such as "Contract Pending", "Price Reduced" or "Sold" may be placed on a "For Sale" sign in such a manner so as not to increase the height or the area of said sign in excess of the size limitations otherwise prescribed herein for a total period not to exceed seven consecutive calendar days following the event giving rise to the reason for the subordinate language.
(4) 
Political Signs.
a. 
One non-illuminated political sign, not exceeding four square feet in area, for any one political candidate for public office or measure on an election ballot. The sign shall be erected no sooner than 30 days prior to the date of the general, primary or special election and shall be removed by the property owner or occupant within two days after the date of such election.
b. 
No sign that might otherwise be permitted under the provisions hereof shall be erected in a manner or at a location that would hinder or impede the unobstructed view of a driver stopped at or approaching the intersection of two streets. Any officer of the City is granted the right and authority to remove any sign that is placed in violation of the provisions hereof.
(f) 
No building material, construction equipment, machinery, or refuse shall be maintained or kept in the open upon any lot, plot, tract or premises within a residence district other than during actual construction operations upon said premises or related premises.
(g) 
No building, structure or appurtenance, or any lot, plot, tract or premises shall be used or occupied for any of the following purposes, to-wit:
(1) 
Junk Yard.
(2) 
Tourist Cabin or trailer camp.
(3) 
Processing (except as herein specifically provided).
(4) 
Lodging House or hotel.
(5) 
Tavern, saloon.
(h) 
No weeds or grass shall be permitted to exceed 12 inches in height on and within the City. No weeds or grass shall be permitted to exceed 12 inches in height within 100 feet of any unplatted area. Each property owner shall be responsible for areas between his property and the paving. Any person violating this subsection shall be given notice of such violation by the City Clerk. Such notice shall be sent by registered mail. Unless such condition is corrected within 10 days after such mailing the City Clerk shall cause to be cut the weeds and grass and such violator shall pay the City for the reasonable cost of such cutting, in an amount to be determined by the City Council. Liability for such cost shall be separate from and in addition to any criminal penalties.
(i) 
The use of septic tanks for disposal of sewage from buildings hereafter erected or moved into the City of Mission Woods is prohibited, except in areas where sewer mains of a public or private sewer system are economically or physically impractical. In such cases use of septic tanks shall be subject to the approval of the Board of Zoning Appeals.
(j) 
Parking of certain vehicles in residentially zoned areas and exceptions thereto.
(1) 
Other than children's toys, garden carts or lawn equipment, no wheeled vehicle, boats, helicopters, campers, trailers, mobile homes (self-propelled or otherwise) or any other type of wheeled-vehicle, other than private passenger cars, station wagons, motorcycles and bicycles, shall be parked or placed for a time exceeding 15 days during any three consecutive months in any area zoned for residential use or in the street adjacent thereto so that such prohibited vehicle or any part thereof is visible from the street in front of the residence or in the view of any adjoining property owners, whether from the side streets or from their residences or businesses. For the purposes of this ordinance a part of a day shall be considered a full day. This ordinance shall not apply to vehicles so parked during construction of a residence or addition thereto. It shall be unlawful for any person to occupy any camper or mobile home or permit such use thereof by another.
(2) 
Permit for Additional Time. Upon application to the Board of Zoning Appeals and for good cause shown the Board of Zoning Appeals may grant in its discretion additional time during any three consecutive months in which such prohibited vehicle may be parked or placed provided, however, if objections are received from two or more owners of separate properties who can view such prohibited vehicle from their premises no such permit shall be granted.
(k) 
Fences and Walls. No fence or wall shall be erected or constructed upon any lot, plot, tract or premises, unless the owner, contractor or duly authorized agent shall have first applied for and received approval from the Architectural Review Board and permit therefor has been issued from the Building Official and except pursuant to the application upon which such permit is based. The fence and wall requirements shall be as follows:
(1) 
No fence or wall shall exceed four feet in height, except as hereinafter provided.
(2) 
Fences or walls located in a rear yard may exceed four feet in height but shall not exceed six feet in height, except as hereinafter provided. No rear yard fence or wall shall be located closer to the front property line than the rear line of the residence erected on said lot or closer to the side property line where the lot or tract is adjacent to a street than the side line of the building adjacent to said street.
(3) 
Fence height shall be measured from the finished grade of the adjoining ground to the top of the fence. When used in conjunction with a retaining wall, the fence height shall be a maximum of six feet (four feet if not in a rear yard) in height, measured from the finished grade on the high side of the wall, except the Architectural Review Board may approve the erection of a fence exceeding the six-foot or four foot limitation when the applicant is the owner of the property on the low side of the wall and the owners of the property on the high side of the wall approve the erection of a fence exceeding the six-foot or four-foot height limitation.
(4) 
No fence or wall shall be located closer to the front property line than the front line of the residence erected on said lot, or closer to the side property line where the lot or tract is adjacent to street than the side line of the building adjacent to said street.
(5) 
No fence may be placed upon any public right of way except by the City.
(6) 
No fence or wall shall restrict or obstruct normal traffic visibility or any traffic control sign.
(7) 
Fences and walls shall not restrict natural surface drainage nor be constructed to divert or channel water flow with increased velocity.
(8) 
Post height shall not exceed eight inches above the height of the fence pickets.
(9) 
Both sides of any fence or wall shall be of equal quality or finish, or in the alternative, the post-and-support side of any fence or wall shall be on the inside and facing the interior of the lot or tract. All fences and walls with respect to type and design must be suitable to an in conformity with the improvements on the lot which it is constructed an compatible with the surrounding neighborhood. All fences and walls must be kept in good repair and appearance.
(10) 
The height requirement established by this section may be exceeded by not more than six inches in situations where additional height is necessary to allow for normal installation.
(11) 
Fences or walls around pools, hot tubs, spas, or similar recreational bathing structures shall be constructed in accordance with the Building Code requirements relating to fences around such structures.
(12) 
Ornamental fences not exceeding three feet in height may be permitted in front of the front setback line of the lot upon which it is to be erected if the Architectural Review Board finds that the erection of such a fence would not adversely affect the general welfare of the immediate neighborhood in which said lot is located including, but not limited to, the value of the properties in such neighborhood.
(13) 
Retaining walls may be erected, constructed an maintained on any lot, provided an such wall complies with the following requirements:
a. 
The erection, construction and maintenance of any such wall is reasonably necessary because of the topography of said lot; and
b. 
Any such wall is located at least two feet back from any street line; and
c. 
Any such wall shall extend no more than six inches above ground level of the land retained thereby.
d. 
Retaining walls exceeding four feet in height, whether terraced or not, shall be designed and constructed to support lateral loads and shall be accompanied by design calculations and plans sealed by a professional engineer registered in the State of Kansas. Said plans shall be reviewed prior to the issuance of a building permit.
(14) 
Fences or walls which would exceed the height limitation or which would otherwise not comply with the requirement of this section may be constructed and maintained upon any lot if upon application the Governing Body determines after a study is made by the Governing Body on the application, that such fence or wall will not adversely affect the general welfare of the immediate neighborhood in which said lot is located, including, but not limited to, the value of the property and the safety of residences in such neighborhood. In making such determination the Governing Body shall take into consideration the appearance, location, and purpose of the proposed fence or wall, the effect on adjoining property, the size of the area to be enclosed and the desirability of open views from the standpoint of beauty, value and safety of the neighborhood. The authorization that a fence or wall may be in excess of the height limitations stated in this section shall require a vote in favor of such application by at least four of the five members of the Governing Body.
(15) 
Fences in a planned recreational district may constructed at such height and in such manner as may be approved as a part of the plan submitted for approval for the planned recreational zoning.
(16) 
Upon approval by the Architectural Review Board, fences up to 12 feet in height maybe constructed on properties which are not used for residential purposes when necessary to secure a device or area for public safety. For example, and not by way of limitation, fences which surround electrical equipment, for reasons of public safety, may be up to 12 feet in height.
(l) 
Detached Structures.
(1) 
No garage, barn, doll house, tool shed, greenhouse, structure covering a swimming pool, basketball court or other recreational use or facility, or any other type of detached structure whose maximum height is greater than three feet above the prevailing ground level, except a structure whose total ground area is 12 square feet or less, shall be placed built, or constructed on any lot, plot, or tract within the City limits of Mission Woods, Kansas.
(2) 
The Board of Zoning Appeals may, in its discretion, when deemed advisable, authorize exceptions to this regulation and restriction, by a special permit for a specific purpose, provided, however, no detached structure shall occupy more than 10% of the rear yard or side yard area unless approved by the City Council.
(m) 
Enclosed Parking. No single family residence shall be constructed that does not provide space for fully covered and fully enclosed parking for two standard passenger vehicles in an area designated as a garage attached or integral to the residence and compatible with said residence in construction, materials and color; nor shall any existing single family residence be altered in such a way as to incorporate existing garage space into living area unless said alteration shall provide an equivalent area of fully covered, fully enclosed parking in the form of a garage attached to or integral with said residence and compatible in construction, materials and color.
(n) 
Display of Merchandise. Merchandise shall not be displayed, stored or offered for sale outside any building, except for gasoline and oil in the case of service and/or filling stations as provided in Section 12-404 (a), A, 49.[1] All repair operations must be conducted within the building(s) on the premises. Pennants, signs-in-motion, twirlers and other similar attention getting devices will not he permitted.
[1]
Editor's Note: Section 12-404 was repealed.
(o) 
Portable storage units, dumpsters, portable toilets, Portable On Demand Storage units ("PODS"), storage trailers, and other impermanent storage or other similar facilities are prohibited in any residentially zoned district of the City unless a permit is first obtained.
(1) 
Such a permit shall be for a maximum period of 30 days or as may be required pursuant to any valid building permit. Such permit may be renewable upon a showing of reasonable necessity or as set out in any building permit.
(2) 
Construction trailers may only be located at a building site where there is a valid permit for a construction project. All construction trailers must be located at least 10 feet from any street right-of-way.
(3) 
Roll-off dumpsters or other dumpsters shall only be utilized during construction projects for with a valid building permit has been issued, or if it is shown that such a dumpster is necessary to provide for the removal of accumulated material within a residence not associated with any construction. Any dumpster shall be located at least 10 feet from any street right-of-way and shall be emptied at least monthly of all debris or earlier if the dumpster is filled to its capacity. Any permit issued for the location of a dumpster for the removal of accumulated material within a residence shall provide for a definite period of time in which such removal shall be accomplished and the dumpster removed, which period shall not exceed 30 days.
(4) 
Temporary sanitary facilities shall be located at least 10 feet from any street right-of-way, and serviced on a weekly basis or more often, as needed."
No provision of this code shall apply to existing buildings, structures or appurtenances, nor to the existing use of any building, structure or appurtenance or land, at the time of the adoption of such provision, but the provisions shall apply to any alteration, change, structural or otherwise, repair or restoration of a building, structure or appurtenance to provide for a purpose or a use in a manner different from the use or purpose to which it was put before such alteration, change, structural or otherwise, repair or restoration; provided nothing herein shall prevent the restoration or repairs of a building, structure, or appurtenance, damaged not more than 50% of its value by fire, explosion, act of God or public enemy or prevent the continuance of the use of such building, structure or appurtenance, or part thereof, as such use existed at the time of such damage. A non-conforming use changed to a conforming use may not thereafter be changed back to a non-conforming use when a non-conforming use has been discontinued for a period of six months, it shall not be re-established and future use shall be in conformity with the provisions of this code notwithstanding the purposes for which the premises were erected or used.