The following definitions shall be used in the construction and interpretation of these Regulations:
ADULT BOOK/NOVELTY STOREAny establishment or business having 5% of its stock in trade as books, magazines, photographs, pictures or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specific anatomical areas" as defined herein and/or having more than 5% of its stock in trade as instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others. For establishment that meets the definition of both an Adult Video/DVD Rental Store and an Adult Book/Novelty Store, the total percentage of stock in trade allowable before such definition is applicable shall be 5% of both videos/DVDs and books/novelties.
ADULT ENTERTAINMENT DRINKING ESTABLISHMENTAny establishment licensed by the State or City (said license issued under Title VI of this Code) to sell or dispense alcoholic liquor or cereal malt beverage where the following enumerated conduct occurs within the establishment by the owner, owner's agent, manager, employee, independent contractor or any other person with the approval, permission, acquiescence or tolerance of the owner, owner's agent, manager or employee: Entertainment by dance, performance or otherwise where the entertainer exposes to public view any "specific anatomical area" as defined herein. In no case will dancing, performance or other like conduct be performed by a totally nude person. Further, no dancing, performance or other like conduct will violate any ordinance of the City of Junction City or the laws of the State of Kansas.
ADULT ENTERTAINMENT FACILITYAny establishment or business which is used for entertainment where the patron engages in physical contact with individuals, devices or equipment, or where individuals, devices or equipment are engaged in physical contact with the patron, with said physical contact involving "specified anatomical areas".
ADULT ENTERTAINMENT REGISTRATIONAll establishments that meet the definition of an Adult Entertainment Drinking Establishment, an Adult Book/novelty Store, an Adult Entertainment Facility, an Adult Theater and/or a Massage Parlor (hereinafter "adult use"), as defined herein, are required to register their establishment as an adult use with the Zoning Administrator within 60 days of passage of this text amendment to Title IV. Failure to do so register the establishment will result in denial of such status as an adult use and the establishment will not be deemed to be a non-conforming use, as defined in Chapter
425 of Title IV, if the establishment is not located is a CSS zone. Proper registration as an adult use will permit the establishment to be deemed a non-conforming use under Chapter
425 of Title IV unless the establishment is an area zoned for CSS uses. Adult uses in areas zoned CSS, and properly registered, will be deemed to be permitted uses. Registration will be with the Zoning Administrator on forms provided by the Zoning Administrator. The establishment is required to document the conduct of its business to show that it conformed to the definition of the applicable adult use(s) within the six-month period prior to the submission of this text amendment to the Metropolitan Planning Commission for consideration. After the passage of 60 days from the effective date of this text amendment, no further registrations will be permitted and no other establishments may register as an adult use.
An enclosed building with a capacity of two or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein.
ADULT VIDEO/DVD RENTAL STOREAny establishment or business having 5% or more of its stock in trade for sale, rental or for on-site viewing as videos, DVDs or similar viewable products which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specific anatomical areas" or "specified sexual activities" as defined herein. For establishment that meets the definition of both an Adult Video/DVD Rental Store and an Adult Book/Novelty Store, the total percentage of stock in trade allowable before such definition is applicable shall be 5% of both videos/DVDs and books/novelties.
AGRICULTURAL USESThe use of a tract of land not less than five acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided however, such "agricultural use" shall not include the following uses:
1. The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;
Wholesale or retail sales as an accessory use unless the same are specifically permitted by these regulations; or
The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within 100 feet of any lot line. Agriculture does not include the feeding of garbage to animals, the raising of poultry or fur bearing animals as a principal use, or the operation or maintenance of a commercial stockyard or feed yard.
ALCOHOLIC LIQUOR CATERERAn individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
ALLEYA dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.
APPAREL STORESStores selling new clothing for men, women, or children at retail.
APPLIANCE REPAIRSThe repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators.
APPLIANCE SALESThe sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.
AUTOMOBILE ACCESSORY STORESStores engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.
AUTOMOBILE SALESThe sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition; but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, but not including body work, painting, or motor rebuilding, unless specifically permitted by the zoning district regulations.
AUTOMOBILE SERVICE STATIONA structure and surrounding land used for the storage and sale of petroleum fuel primarily to passenger vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs.
AWNINGA roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BANKS AND FINANCIAL INSTITUTIONSCommercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.
BEVERAGE DISTRIBUTORSWarehouses for the storage and distribution of beer, soft drinks and other beverages, but not including bottling plants and similar industrial uses.
BLOCKThe land adjoining one side of a street between two consecutive junctions of said street with streets, railway right-of-way or waterways crossing or meeting said side of said street.
BOARDING HOMES FOR CHILDRENA family home where children not related to the family by blood, marriage, or adoption are cared for 24 hours a day. "Boarding homes for children" shall meet all requirements of the Kansas State Board of Health - Maternal and Child Health Division.
BUILDINGAny covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BULK REGULATIONSRegulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. "Bulk regulations" include regulations controlling:
3. Minimum size of yard and setbacks.
BUSINESS AND PROFESSIONAL OFFICEThe office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
CANOPYAny structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements; or, a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
CAMPGROUNDAn area or premises in which space is provided for transient occupancy or use by tourists occupying mobile homes, camping trailers or tents.
CAPACITY IN PERSONSThe maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort.
CAR WASHA structure, or portion thereof, containing facilities for washing more than two automobiles, using production-line methods with a chain conveyor, blower, steam-cleaning device, or other mechanical device.
CEMETERYA tract of land of not less than five acres used or intended to be used for the burial of the dead, including columbarium and mausoleums when operated in conjunction with and within the boundaries of such cemetery.
CHILD CARE CENTERA facility which:
1. Provides care and educational activities for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening and nighttime care; or
Provides before and after school care for school-age children.
A facility may have fewer than 13 children and be licensed as a center if the program and building meet child care center regulations. |
CHURCHA location, whether in a building or not, used for religious worship. If in a building, a church may include such accessory uses in the main structure or in separate buildings, as Sunday School rooms, assembly rooms, kitchen, recreational facilities and/or library.
COMMON OPEN SPACEA parcel of land or an area of water, or combination of both land and water, within a site designated as a planned residential development district and designed and intended for the use and enjoyment of the residents of the planned residential development. "Common open space "does not include streets, alleys, parks, off-street parking or loading areas, public open space, or other facilities dedicated by the developer for public use. "Common open space" shall be substantially free of structures, but may contain such improvements as are approved as a part of the general development plan and are appropriate for the recreation of residents of the planned residential development.
COMPATIBLEA "Compatibility" factor being reviewed by the Zoning Administrator or other reviewing authority, will be equivalent to existing conditions found to exist on 50% or more of lots or parcels within 200 feet of the proposed R-DMH (Residential-Design Manufactured Home).
CONVENTIONALLY BUILT RESIDENTIAL STRUCTUREAny residential structure meeting all local adopted standard and building codes as may be applied to "on-site" or "stick-built" construction and not having any structural components being moved onto the site as pre-constructed, fabricated sections or modules.
CORNER LOTA lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135° or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot lines and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line.
DAY CARE HOME, GROUP DAY CARE HOME, and FAMILY CHILD CARE HOMEDay Care Home, Group Day Care Home, and Family Child Care Home shall all have the same meaning and usage within the Zoning Ordinances of the City of Junction City, Kansas. Such a facility shall provide care for up to 12 children under 16 years of age and includes children under 10 years of age related to the provider. If there is a contrast between this definition and K.S.A. 65-503(c) or (d) and 65-501 et seq. as well as K.A.R. 28-4-113(i) then this ordinance shall be interpreted in light of the State law and State administrative regulations.
DENSITYRestrictions on the number of dwelling units that may be constructed per acre or per square feet of zoning lot area.
DEVELOPERThe legal or beneficial owner or owners of all of the land proposed to be included in a planned development, or the duly authorized agent thereof. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a "developer" for the purpose of these Regulations.
DOG KENNELAny place where five or more dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale.
DRINKING ESTABLISHMENTPremises which may be open to the general public and where alcoholic liquor by the individual drink is sold.
DRIVE-IN ESTABLISHMENTAn enterprise which accommodates the patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business, or view motion pictures or other entertainment.
DRUG STOREA retail store in which a pharmacy is the primary component.
DRY CLEANING (Self-Service)An establishment providing facilities with which customers may dry-clean their own clothes or other fabrics.
DRY CLEANING PLANTAn establishment in which clothing and other fabrics are dry-cleaned professionally.
DWELLINGA building or portion thereof, but not a mobile home, designed or used for a residential occupancy.
DWELLING, ATTACHEDA residential building which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHEDA residential building which is entirely surrounded by open space on the same lot.
DWELLING UNITOne or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
FAMILY1. An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or
A group of not more than four persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus in either case, usual domestic servants.
A "family" may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption.
Nothing in this definition shall be construed to prohibit group homes as defined by K.S.A. 12-736 in Single-Family Residential Zones.
FAMILY CHILD CARE HOMESee Day Care Home. Note this is the preferred term within the industry and State guidelines as of August 2024.
FARMER'S MARKETAn indoor or outdoor public market of farm or garden produce. A "farmer's market" of a duration of less than four continuous months per year shall be deemed the seasonal sale of garden or farm produce as designated in Section 410.060(4). "Farmer's markets" exceeding four continuous months of duration shall be deemed to be a food store.
FENCEA free-standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
FLEA MARKETAn indoor or outdoor public market held periodically at a specific location for the sale of personal property and handicrafts. The establishment of a "flea market" will be either a permitted or conditional use in specific zoning districts. In a "flea market" sales are conducted from individual, independent locations or stalls.
FLOOR AREAFor the purpose of figuring commercial or industrial floor area the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, shall be computed as follows:
1. For determining "Floor Area". The sum of the following areas shall also be included:
a. The basement floor area when more than one-half of the basement height is above the finished lot grade level where curb level has not been established;
Elevator shafts and stairwells at each floor;
Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);
Attic space having headroom of seven feet, 10 inches or more;
Interior balconies and mezzanines;
Floor area devoted to accessory uses.
Space devoted to off-street parking or loading shall not be included in the "floor area". The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each 10 feet of height, or fraction thereof, as being equal to one floor. |
For determining off-street parking and loading requirements. The sum of the following areas:
a. Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;
Basement floor area devoted to retailing activities; and
"Floor area" devoted to the production of processing of goods or to business or professional offices.
For this purpose, "floor area" shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices. |
FOOD STORESStores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
FRATERNAL AND/OR SERVICE CLUBSAn association formally organized for a common purpose, or interest, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all Federal, State, County, and local laws.
FRONTAGEThe length of a front lot line or lines.
GARAGE, DETACHEDA structure which is used primarily for the storage of self-propelled vehicles, recreational vehicles, and household equipment and personal property owned and used by the occupants of a structure to which it is an accessory and which is fully enclosed and roofed.
GARAGE SALESAll general sales, open to the public, conducted from or on a residential premises in any residential district for the purpose of disposing of personal property. "Garage sales" shall include "lawn" "yard", "attic", "porch", "room", "backyard" "patio", or "rummage" sales. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
GARDEN STORESStores which sell growing plants, seeds, bulbs, shrubs and gardening and landscaping tools, implements and supplies, including lawn furniture.
GROUP BOARDING HOMEA non-secure facility providing residential care for not less than five nor more than 10 persons unrelated to the caregivers and includes emergency shelters and maternity homes. For purposes of this definition, the term "non-secure facility" means a facility which provides the resident access to the surrounding community.
HEIGHT, MAXIMUMA horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except:
1. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located;
Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers.
HOTELA building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.
LAND RESERVEUnimproved public land reserved for maintenance of an area in a generally natural environment for leisure and/or scenic purposes.
LANDSCAPINGThe improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
LAUNDRYAn establishment in which clothing and other fabrics are laundered professionally.
LAUNDRY (SELF-SERVICE)An establishment providing facilities with which customers may launder their own clothes or other fabrics.
LODGING HOUSEA business establishment which provides sleeping and living quarters (but not individual cooking facilities) in an immovable structure on a weekly or monthly basis.
LOT AREAThe area of a horizontal plane bounded by the front, side and rear lot lines.
LOT COVERAGEThat percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.
LOT DEPTHThe distance between the midpoints of the front lot line and the mid-point of the rear lot line.
LOT LINELot Boundary Line. See Lot Line, Front; Lot Line, Rear; Lot Line, Side.
LOT LINE, REARThe lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line.
1. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line.
If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.
LOT LINE, SIDEA lot line which is neither a front lot line or a rear lot line.
LOT OF RECORDA lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Geary County, or a parcel of land the deed to which was recorded prior to adoption of these Regulations. The owner of such a lot or parcel shall be deemed to be any equitable owner.
LOT SIZE REQUIREMENTSRestrictions on the dimensions of lots including (1) minimum lot area, width and depth; and (2) maximum density. Minimum lot area, width and depth establish the size of the zoning lot on which a structure or use, or two or more structures or uses, may be constructed or established.
LOT WIDTHThe distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line.
LOT, ZONINGA parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
1. A single "lot of record", or
A portion of a "lot of record", or
A combination of complete "lots of record", complete lots and portions of "lots of record", or portions of "lots of record".
MANUFACTURED HOMEA structure which meets or surpasses the Federal Manufactured Home Construction and Safety Standards established pursuant to 42 U.S.C. (United States Code) Section 5403.
MASSAGE PARLORAn establishment or business which provides the service of body massage by a person not currently licensed or credentialed as a health professional under Articles 11, 20, 28, 29 or 54 of Chapter 65 of the Statutes of Kansas, a cosmetologist licensed under Article 19 of said Chapter 65, or by a touch/therapeutic massage practitioner credentialed by the National Certification Board for Therapeutic Massage and Bodywork, the International Massage Association or the American Massage Therapy Association.
MOBILE HOMEThe same as defined in the Mobile Home Ordinance of the City. (See Chapter 555 of this Code.)
MODULAR HOMEFactory-built housing certified as meeting the Junction City Building Codes. Once certified by the City, modular homes shall be subject to the same standards as site-built homes.
MOTOR FREIGHT TERMINALA building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.
NON-CONFORMING LOT OF RECORDAn unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.
NON-CONFORMING USEAn existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.
NON-CONFORMITYA non-conforming use, non-conforming structure, or a nonconforming "lot of record".
NURSING OR CONVALESCENT HOMEAn institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
OFFICESee Business and Professional Offices.
OUTDOOR STORAGEThe storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.
PACKAGE LIQUOR STOREAn establishment in which alcoholic beverages are sold for consumption off the premises.
PERSONAL PROPERTYProperty which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
PHARMACIESStores which sell drugs and medicine and medical, surgical and dental supplies and appliances only.
PRESCHOOLA facility which:
1. Provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and who are 30 months of age or older;
Conducts sessions not exceeding three hours per session;
Does not enroll any child more than one session per day; and
Does not serve a meal.
The term "preschool" shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer than 13 children and be licensed as a preschool if the program and facility meets preschool regulations. |
PRINCIPAL STRUCTUREA structure in which a principal use of the lot on which the structure is located is conducted.
PRINCIPAL USEThe main use of land or structures as distinguished from a subordinate or accessory use.
PRIVATE CLUBAn association organized and operated for profit or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served or sold to members and their guests provided such service or sale of alcoholic beverages is in compliance with all Federal, State, County and local laws.
PUBLIC OPEN SPACEA parcel of land or an area of water, or a combination of land and water dedicated to public use and enjoyment of the general public. "Public open space" does not include streets, alleys or off-street parking or loading areas.
PUBLIC SEWER AND WATER SYSTEMAny system, other than an individual septic tank or tile field, or individual well, operated by a municipality or other governmental agency or a public utility for the disposal of wastes and the furnishing of water.
RECREATIONAL VEHICLE (RV)A vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle including, but not limited to: travel trailer, folding camping trailer, truck camper or motor homes. Mobile homes, as defined in Chapter 555 of the Code, are not considered recreational vehicles.
RECREATIONAL VEHICLE PARKA development, licensed by the City, providing rental spaces for occupancy on a temporary basis by the general public in recreational vehicles, together with certain accessory buildings and uses provided for the benefit and enjoyment of the park.
REMODELINGAny change in a structure (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of any portion of a structure.
RESIDENTIAL BUILDINGA building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and fraternities.
RESIDENTIAL CENTERA non-secure facility which provides residential care for more than 10 residents unrelated to the caregivers and includes emergency shelters and maternity homes. For purposes of this definition, the term "non-secure facility" means a facility which provides the resident access to the surrounding community.
RESIDENTIAL DISTRICTAny zoning district designated with an "R" for example, "RS", "RG", etc., or any planned development district that contains residential buildings.
RESIDENTIAL-DESIGN MANUFACTURED HOMEA manufactured home on a permanent foundation which has:
1. Minimum dimensions of 22 feet in width.
Siding and roofing materials which are customarily used on site-built homes.
RESTAURANTA public eating house, including but not limited to the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.
RESTAURANT-CLUBA Class III licensed food service establishment as defined by K.S.A. 36-501 as amended, which may be licensed as a Private Club or a Drinking Establishment.
RETAIL SALESThe sale of goods, merchandise and commodities for use or consumption.
RIDING STABLESStructures in which saddle horses are kept, maintained and/or boarded and in connection with which saddle horses are rented to the general public or made available to members of a private club. Exercise rings and show rings shall be considered uses accessory to the use of the premises for a riding stable.
SALVAGE YARDAny open area used for the collection, storage, abandonment, dismantling or sale of wastepaper, rags, scrap metal or discarded materials, appliances, machinery or unregistered or inoperable motor vehicles.
SCHOOLAny public or private elementary, junior high, high school, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year.
SCREENINGDecorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six nor more than eight feet in height.
SEA-LAND CONTAINERA sea-land container is a unit, usually constructed of steel, which is customarily used for storing construction tools and supplies at a construction site. Such units are also known as cargo boxes and are also used for transporting cargo on water (by loading such units on board ships) and on land (by loading such units on railroad cars). Such units are also usually designed to be capable of stacking one on top of another. Such units are usually designed with one or more access doors and are also usually accessible through the top. Standard sizes of such units are eight feet high and eight feet wide, with lengths varying from 10 feet up to 40 feet.
SETBACKThe distance between the front lot line and the principal building on the lot.
SIGNAny writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:
1. Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground, and
Is used to announce, direct attention to, or advertise, and
Is not located inside a building.
SPECIFIED ANATOMICAL AREASThe pubic region, buttocks, the female breast area below a point immediately above the top of the areola, or human genitals, whether or not they are in a state of sexual stimulation or arousal.
SPECIFIED SEXUAL ACTIVITIESActivities which depict or describe human genitals in a state of sexual stimulation or arousal; activities which depict or describe fondling or other touching of human genitals, the pubic region, buttocks or female breasts; or activities which depict or describe masturbation, sexual intercourse or sodomy between persons or animals.
STRUCTUREAnything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences, signs, billboards, sheds, towers, and bins. For purposes of these Regulations, central air-conditioning condensing units and similar cooling system apparatus, other than so-called "window" or "room" conditioners, shall be considered as "structures".
STRUCTURE, STORAGEAny structure that is used for storage and does not have a door or other entranceway into a dwelling unit and that does not have water fixtures within its confines, the use of which is limited solely to storage of inanimate objects.
TATTOO STUDIOA business licensed by City Ordinance in which the operator makes permanent marks or designs on the skin of a human being by puncturing it.
TAVERNAn establishment in which the principal function is the selling or serving of beer having an alcoholic content of no greater than 3.2% by volume to customers for consumption on the premises.
TEMPORARY ALCOHOLIC LIQUOR SALESThe location where a holder of a Temporary Permit as defined in Section
605.210 of this Code, offers for sale, sells or serves alcoholic liquor for consumption on unlicensed premises, open to the public.
An establishment or business which provides the service of body massage by a person currently licensed or credentialed as a health professional under Articles 11, 20, 28, 29 or 54 of Chapter 65 of the Statutes of Kansas, a cosmetologist licensed under Article 19 of said Chapter 65, to the extent allowed by such cosmetology license, or a touch/therapeutic massage practitioner credentialed by either the National Certification Board of Therapeutic Massage and Bodywork, the International Massage Association or the American Massage Therapy Association.
TRAILERA vehicle standing on wheels or on rigid supports which is used for transporting boats or cargo or property.
USEAny purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.
USE REGULATIONSThe provisions of these Regulations which identify permitted and conditional uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.
VARIANCEAn authorization from the Board of Zoning Appeals to modify a specific requirement of these Zoning Regulations as it applies to a particular piece of property. See Article
V of Chapter
440 of this Title for further information.
All-terrain vehicles, boats, jet skis, motor homes, camping trailers and other personal property used for recreational purposes.
VISION CLEARANCE AREAA triangular area at the intersection of two streets in which nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between 2½ feet and eight feet above the elevation of the curb. See Section
400.330 for further information.
A structure intended for the enclosed storage of goods, supplies, equipment or other items. The term "warehouse" does not necessarily include the storage of items outside an enclosed structure.
YARDOpen space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in Section
400.280.
A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance there from equal to the depth of the required front yard. On a corner lot, the front yard shall be determined by the City Official issuing the building permit.
YARD, REARA yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance there from equal to the depth of the required rear yard. In the case of a corner lot, the lot line opposite the front yard shall be the rear lot line.
YARD, SIDEA yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance there from equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of these Regulations refer to the required width of each side yard rather than to the width of both side yards, unless otherwise specified.
YMCA, YWCA, BOY SCOUTS, GIRL SCOUTS, CAMP FIRE GIRLS AND OTHER SIMILAR GROUPSAn association formally organized for a common purpose, or interest, and operated not for profit for persons who are bona fide members, which owns, hires, or leases premises, the use of which premises is primarily utilized for the promotion of the common purpose or interest of the association. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. No alcoholic beverages may be served or sold on the premises.