Definitions.
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.
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 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.
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.)
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.
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.
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.
IMPROVEMENTS
Street pavements, with curbs and sidewalks, pedestrian ways,
water mains, sanitary and storm sewers, permanent street monuments,
trees, buildings, and other appropriate items.
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, 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.
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.
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.