Article 23. Additional Height, Area, and Use Regulations
23-1 Qualifications and supplementations to district regulations.
The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
(1) In districts where public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one foot of additional height will be permitted for each one foot of additional building setback provided.
(2) Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers, or necessary mechanical appurtenances, which do not conflict with airport approach zones, may be erected to a height not to exceed 150 feet.
(3) No accessory buildings or structure shall be closer to the front lot line than the dwelling. Any accessory building constructed in the side or rear yard shall not encroach on any required utility easements and shall not be located any closer to a property line than six feet, except that where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten feet from the alley line shall be required. No accessory building shall cover more than 30 percent of the required rear yard.
a. A detached accessory structure having construction techniques and style consistent with the dwelling, may be located toward the front of the lot when conforming with the front and side yard setback requirements of the dwelling. In addition, said accessory structure must be at least three feet from the dwelling. All accessory structures shall be six feet from any other structure.
b. Accessory structures which are not consistent with the dwelling in construction technique and style must be located at least 12½ feet from the dwelling. Accessory structures shall not be closer than six feet to any other structure.
c. Commercial/industrial zones: Cargo containers may only be placed permanently in areas zoned commercial or industrial but must meet all guidelines for accessory structures. Permanent placement of cargo containers is prohibited in any front or side yard.
d. Residential zones: Cargo containers may be placed in areas zoned residential on a temporary basis only but not for more than 30 days. Cargo containers placed for temporary use may be located at the front of any property but may not be placed on the street or be placed in such a way as to restrict the line of sight of any vehicle(s) entering in any direction on that street.
e. Accessory structures cannot be built over utility lines unless utilities are modified to meet the International Building Code.
f. Total area of all detached accessory structures in all residential districts with lots that are less than .75 acres shall not exceed 900 square feet.
g. Total area of all detached accessory structures and principal building with lot sizes .75 acres or more except for R-L shall not exceed 30% coverage of total lot area.
h. The size of accessory structures may not exceed the lot coverage of the principal building size.
i. Accessory structures on a lot of less than ten acres may not be erected or constructed to a height greater than the dwelling height on the same property.
(4) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
(5) The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building except the following structures and features may be located within the required setbacks:
a. Trees, shrubbery or other features of natural growth;
b. Fences or walls that do not exceed six feet in height as measured on the side of the fence with the least vertical exposure above the finished grade;
c. Driveways, patios and sidewalks;
d. Bay windows and cantilevered floor areas of dwellings that do not project more than two feet into the required setback and extend no more than six feet in width;
e. Eaves that do not project more than two feet into the required setback;
f. Open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not project more than five feet into the rear setback nor more than two feet in a required side setback;
g. Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;
h. Open, unenclosed porches and carports that do not project more than five feet into a required rear setback;
i. Utility lines, wires and associated structures, such as power poles;
j. Window wells not over eight inches above grade may project a maximum of 44 inches including all structural elements;
k. Condensing units may be placed in setbacks.
(6) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the city building inspector for a distance of not more than 3½ feet provided the same are so placed as not to obstruct light and ventilation.
(7) For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot.
(8) Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.
(9) No side yards are required where dwelling units are erected above commercial structures, and front, side, and rear yard requirements shall not apply to the interior walls of dwelling units established under the Kansas Apartment Ownership Act or under the Kansas Townhouse Ownership Act.
(10) Whenever the number of employees is restricted in connection with any use in the commercial districts, such maximum number applies only to employees principally engaged in processing, selling, or treating materials or products on the premises and not to employees engaged in delivery or off-site similar activities.
(11) Electronic communications towers shall be permitted in any commercial, industrial, or agricultural district providing the height of said towers do not conflict with any airport approach or landing zone or with any other ordinance, and providing that towers within 150 feet of a residential district shall not exceed 80 feet in height.
(12) On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 90 feet from the point of the centerline intersection.
(13) In any district, more than one structure housing a permitted or permissible principal use may be erected on a zoning lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
(14) Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(15) Conversion of a two-family or multiple-family structure to individually owned single-family dwelling units may be permitted subject to the requirements of the subdivision regulations, and to the following:
a. An application for such unit conversion shall be filed for review and comment by city staff and the planning commission and approval by the governing body. Such application shall be accompanied by the following information as a minimum:
1. A plot plan showing site and structure arrangements and proposed re-platting.
2. A full legal description of the subject property, including legal descriptions of proposed individual properties after re-platting.
3. A description of proposed structural and utility alterations to provide for individual services and maintenance.
4. A description of proposed public access patterns, both vehicular and pedestrian.
5. A copy of protective covenants which shall be written to run with the land in which shall be specified methods for providing for maintenance of shared property and/or easements, responsibilities for shared expenses, and continued use of the property for specified purposes. Such covenants shall be written to provide for the long-term maintenance and use of the premises for residential purposes only, within the overall context of neighborhood development.
6. Any other supplementary information as may be required to assess short- and long-term neighborhood impacts associated with the proposed conversion.
b. The applicant for unit conversion shall submit with his application a consent agreement signed by 75 percent of all owners of property within 200 feet of the premises whereon the unit conversion is proposed.
c. Where a two-family or multiple-family structure is converted to individually owned, single-family dwelling units, a separation of utility service lines is required from each individually owned, single-family dwelling unit to a public utility line or to a utility line, private well, septic system, or lagoon which is located in an area of a lot or building that is owned by or accessible to a party legally responsible for maintenance of utility lines or systems on behalf of the owners of each converted single-family dwelling unit.
d. The planning commission and governing body shall not approve an application for conversion from a two-family or multiple-family structure to individually-owned, single-family dwelling units where it is determined that an existing or proposed utility service line, private well, septic system, or lagoon exists or is proposed to exist in an area where the maintenance of said utilities would require entry into an individually-owned dwelling unit.
e. All conversions of two-family or multiple-family structures to individually-owned, single-family dwelling units are subject to all applicable city codes, including building permit application and inspection procedures.
f. The above procedures and regulations are applicable even where the conversion does not require new construction.
g. After reviewing a conversion application for compliance with all applicable city codes, the building official/code enforcement officer shall report to the planning commission and governing body all details of noncompliance with city codes..
(Ord. 835, Art. XXVII, § 1, 2-10-2005; Ord. 855, § 1, 4-11-2006; Ord. 887, § 1, 10-9-2007; Ord. 946, § 2, 12-13-2011; Code 2018, 38-501; Ord. 1122)
23-2 Fences.
Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:
(1) Fence permits are required prior to construction. All permit applications must be accompanied by a plot plan and an application for zoning compliance. The Zoning Administrator may require a photograph or sketch of the proposed fence.
(2) Fences are not permitted in the city right-of-way.
(3) No fence shall be constructed closer to the street than the front setback line established for the district in which such fence is to be erected, except that fences installed upon public or parochial school grounds or in public parks and public playgrounds may be permitted by special use permit approved by the board of zoning appeals without any front yard setback limitation, providing the fence does not encroach on any required utility easements or cause any vision impairment for vehicles.
(4) No fence shall be constructed which will constitute a traffic hazard and no permit shall be granted for the construction of a fence unless the city building inspector has certified that the proposed fence will not constitute a traffic hazard.
(5) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
(6) No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, or hindering ventilation, or any fence which shall adversely affect the public health, safety, and welfare.
(7) No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet; provided, however, that the board of zoning appeals may, by exception, authorize the construction of a fence higher than six feet if the board finds the public welfare is preserved.
(8) All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.
(9) Except as otherwise set forth in this Ordinance, permitted materials in residential districts for fences on all properties shall include:
a. new lumber and new wood boards;
b. split rail;
c. chain link;
d. wrought iron and decorative aluminum;
e. vinyl;
f. brick and masonry;
g. stone, rock and concrete block;
h. stucco;
(10) Prohibited materials in residential districts shall include but not be limited to:
a. sheet metal;
b. metal building siding and roofing materials;
c. corrugated metal or fiberglass;
d. barbed wire except as may be permitted for security requirements;
e. chicken wire;
f. plywood;
g. scrap wood;
h. scrap metal;
i. canvas, nylon or other non-rigid material or fabric;
j. cast-off, secondhand or other materials not originally intended to be used for constructing or maintaining a fence; and
k. stock fences.
(11) Fences shall be exempt from the provisions of section 23-3; however, the city retains the right to remove any fence for right-of-way purposes.
(12) Conditional use for fences: The Board of Zoning Appeals may as a conditional use approve the construction of higher fences and/or permitted placement in the right-of-way in any district if the Board finds that the public welfare is preserved.
(13) Any fence existing on the effective date of Ordinance No. 1124 (September23, 2025) which has been previously approved by the City shall be allowed to remain as constructed so long as the fence complies with the city code or approved zoning variance applicable at the time of its construction. However, if any such fence is removed, then any new fence constructed shall comply with all current provisions of the city code.
a. Any fence that is repaired with the same material that is of the same size and at the same location is not considered removed for the purposes of this section.
(Ord. 835, Art. XXVII, § 2, 2-10-2005; Code 2018, 38-502; Ord. 1124)
23-3 Building setback lines.
Building setback lines are hereby established for all arterial and collector streets, as shown on the adopted major street plan in the city comprehensive plan. The setback lines, as established in this section, shall be held to the minimum for the purpose of promoting the public health, safety, morals, order, convenience and economy in the process of development and shall conform with the following requirements:
(Ord. 835, Art. XXVII, § 3, 2-10-2005; Code 2018, 38-503)
23-4 Lots of record.
A lot or group of lots, which were platted and recorded in the office of the register of deeds prior to the effective date of the ordinance from which this chapter is derived, may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure that does not conform with the minimum yard and height requirements unless specifically authorized by the board of zoning appeals.
(Ord. 835, Art. XXVII, § 4, 2-10-2005; Code 2018, 38-504)
23-5 Home occupations.
Where specifically permitted by the district regulations, home occupation uses shall meet all the following requirements and conditions:
a. Funeral homes.
b. Restaurants.
c. Grocery stores.
d. Stables, animal kennels, or hospitals
e. Tourist accommodations, including bed and breakfast establishments.
f. Rent of trailers or equipment.
g. Auto and other vehicle repair.
(Ord. 835, Art. XXVII, § 5, 2-10-2005; Code 2018, 38-505)
23-6 Residential manufactured home requirements.
All residential design manufactured housing units hereinafter located within the city zoning jurisdiction shall conform to the following specific requirements:
(Ord. 835, Art. XXVII, § 6, 2-10-2005; Code 2018, 38-506)
23-7 Canopy and marquee.
A canopy, marquee, or balcony may be permitted to “overhang a public way” in districts C-1 and C-2 providing:
(Ord. 835, Art. XXVII, § 7, 2-10-2005; Code 2018, 38-507)
23-8 Temporary uses permitted.
(Ord. 835, Art. XXVII, § 8, 2-10-2005; Code 2018, 38-508)
23-9 Wind energy conversion systems (WECS).
Wind energy conversion systems (WECS) may be permitted subject to the following requirements:
| Rotor Diameter (Feet) | Setback Distance (Feet) |
|---|---|
| 5 | 100 |
| 10 | 165 |
| 15 | 220 |
| 20 | 270 |
| 25 | 310 |
| 30 | 340 |
| 35 | 365 |
| 40 | 385 |
Intermediate rotor size distances shall be interpolated from the above values.
(Ord. 835, Art. XXVII, § 9, 2-10-2005; Code 2018, 38-509)
23-10 Joint driveways and garages.
Where joint driveways and joint garages were in existence prior to the passage of the ordinance from which this chapter is derived, it shall be permissible to repair, reconstruct or enlarge joint garages and it is not necessary to conform to the provisions governing internal lot lines.
(Ord. 835, Art. XXVII, § 10, 2-10-2005; Code 2018, 38-510)
23-11 Protection of sewer and other utility lines.
No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the respective party whose lines are involved.
(Ord. 835, Art. XXVII, § 11, 2-10-2005; Code 2018, 38-511)
23-12 Mining and extraction of minerals.
In districts where mineral extraction is a permitted use, the following shall apply:
(Ord. 835, Art. XXVII, § 12, 2-10-2005; Code 2018, 38-512)
23-13 Vacated streets and alleys.
Whenever any street, alley or other public right-of-way is vacated by official action of the governing body, any zoning districts adjoining each side of any such vacated street, alley or public-way shall be automatically extended to the center of such vacated street or alley and all area included in such adjusted boundary shall then and thenceforth be subject to all regulations of the extended districts.
(Ord. 835, Art. XXVII, § 13, 2-10-2005; Code 2018, 38-513)
23-14 Sanitary sewer requirements.
All new construction of residential units, relocation of residential units, manufactured housing and all other buildings which would generate sewage, shall be connected to a public sewer system where available, or provided with a private system meeting the requirements of the Sedgwick County Sanitary Code.
(Ord. 835, Art. XXVII, § 14, 2-10-2005; Code 2018, 38-514)