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 can not 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 except R-L shall not exceed 900 square feet.
g. 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:
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;
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;
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;
j. Window wells not over eight inches above grade may project a maximum of 44 inches including all structural elements;
(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:
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.
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)
Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:
(1) 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.
(2) 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.
(3) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
(4) 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.
(5) 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.
(6) All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.
(7) 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.
(Ord. 835, Art. XXVII, § 2, 2-10-2005; Code 2018, 38-502)
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:
(1) Arterial streets. No building or structure which fronts or sides on an arterial street shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus 50 feet, except as provided in section 23-2.
(2) Collector streets. No building or structure which fronts or sides on a collector street shall be located nearer to the centerline of the collector street than the sum of the required front yard (in feet) plus 40 feet, except as provided in section 23-2.
(Ord. 835, Art. XXVII, § 3, 2-10-2005; Code 2018, 38-503)
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)
Where specifically permitted by the district regulations, home occupation uses shall meet all the following requirements and conditions:
(2) The activity is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
(3) No display or storage shall indicate from the exterior of the buildings that they are being used in part for any purpose than a dwelling or accessory building.
(4) Not more than one non-illuminated nameplate is used. The nameplate shall be attached to the building and shall not exceed three square feet in area.
(5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of a person off the lot if the occupation is conducted in a residence, or outside the individual dwelling unit if conducted in other than a residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
(6) No traffic shall be generated by such home occupation in substantially greater volumes than would normally be expected in a residential neighborhood.
(7) There shall be on file in the office of the city clerk a consent agreement to the proposed home occupation signed by 75 percent of all owners of property within 200 feet of the property whereon such use is to be operated.
(8) A letter of consent shall also be required from the owner of record for a property to be used for home occupation purposes. This shall specifically apply to rental properties. This letter of consent shall be submitted with the consent petition required in subsection (7).
(9) The owner shall have received from the city board of zoning appeals, a special use permit to operate such home occupation in accordance with the provisions of this chapter and other applicable rules and regulations. Such permit shall be personal to the applicant thereof and shall not be assignable.
(10) A special use permit shall be reconsidered by the city board of zoning appeals with regard to revoking the permit if a review petition stating problems regarding the home occupation has been submitted and signed by 50 percent of all owners of property within 200 feet of the premises whereon the home occupation is conducted.
(Ord. 835, Art. XXVII, § 5, 2-10-2005; Code 2018, 38-505)
All residential design manufactured housing units hereinafter located within the city zoning jurisdiction shall conform to the following specific requirements:
(1) The roof shall be double-pitched and shall have a minimum vertical rise of three inches for each 12 inches of horizontal run. The roof shall have a minimum eave protection and roof overhang of 12 inches.
(2) Roof covering shall be residential in appearance, including but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass, or metal roofing materials not approved by the city.
(3) Exterior siding shall be of a non-reflective material such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the retaining or foundation wall or the joint between siding and enclosure wall shall be flashed.
(4) The manufactured home shall be installed in accordance with the recommended installation procedures of the manufacturer or the standards set by the International Conference of Building Officials and published in “Guidelines for Manufactured Housing Installations,” as amended. A continuous permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, which may include basements and garages, shall be installed under the perimeter of the home, also in accordance with the ICBO “Guidelines for Manufactured Housing Installations,” as amended.
(5) At each exit door there shall be a landing that is a minimum of five feet by six feet, which is constructed to meet the city building code.
(6) All manufactured home running gear, tongues, axles, and wheels must be removed from the site at the time of installation of the home on the lot.
(7) The finished floor of the residential-design manufactured home shall be a maximum of 18 inches above the exterior finished grade of the lot on which it is located.
(8) If 75 percent or more of the existing homes on the frontage of the block in which the residential-design manufactured home is to be installed have an attached garage, the residential-design manufactured home shall also have an attached garage.
(9) External roofing and siding materials of the garage shall be the same as the roofing and siding materials of the residential-design manufactured home
(10) Required permits shall be obtained by duly licensed contractors for all work related to placement of residential-design manufactured homes.
(Ord. 835, Art. XXVII, § 6, 2-10-2005; Code 2018, 38-506)
A canopy, marquee, or balcony may be permitted to “overhang a public way” in districts C-1 and C-2 providing:
(1) The canopy, marquee, or balcony is constructed and maintained in accordance with the city building code and other applicable codes, ordinances, and resolutions.
(2) No portion of the canopy, marquee, or balcony, including supports, shall be less than eight feet above the level of the sidewalk or other public way except as required by section 23-1(12).
(3) The canopy, marquee, or balcony shall not extend beyond a point two feet inside the curb line of a public street.
(Ord. 835, Art. XXVII, § 7, 2-10-2005; Code 2018, 38-507)
(a) Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no trees shall be displayed which would obstruct intersection sight distance requirements.
(b) Contractor’s office. Contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
(c) Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
(d) Carnivals and circuses. A carnival or circus for a period that does not exceed one week. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements for the street intersection sight distance as defined by these regulations.
(e) Seasonal sales events and festivals. Seasonal sales events and festivals in any district subject to any special requirements of the governing body.
(f) Other special temporary uses as may be permitted by the governing body and under such conditions as they may require.
(Ord. 835, Art. XXVII, § 8, 2-10-2005; Code 2018, 38-508)
(1) The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:
|
Rotor Diameter |
Setback Distance |
|
5 |
100 |
|
10 |
165 |
|
15 |
220 |
|
20 |
270 |
|
25 |
310 |
|
30 |
340 |
|
35 |
365 |
|
40 |
385 |
(3) The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 DBA in a residential zone.
(4) To limit climbing access to WECS tower, or other support structure, a six-foot-high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than 12 feet from the ground or the WECS support may be mounted on a rooftop.
(5) All blades of a WECS shall be constructed of non-metallic substances. If the applicant can prove, in writing form, that no electromagnetic interference will result, a metal content of up to 25 percent will be acceptable.
(6) The WECS shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations.
(7) Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The height of the WECS shall be measured at the center of the blade diameter.
(8) Data pertaining to the WECS’ safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adapter shall meet the restrictions specified in the city’s building code.
(9) The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility’s current service regulations applicable to WECS.
(10) A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior lot lines.
(11) The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.
(13) The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.
(Ord. 835, Art. XXVII, § 9, 2-10-2005; Code 2018, 38-509)
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)
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)
(1) In the case of open excavation, there will be required a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located 40 feet or more distance from the edge of such excavation.
(2) The slope of the material in such sand, gravel or other pit shall not exceed the normal angle of repose of such materials, and the plane of such angle of repose shall not come nearer than 40 feet to any property lines.
(3) In the case of a quarry or other excavation in rock, there will be required a substantial fence, with suitable gates at all points a distance of 40 feet or more from the face of any quarry walls.
(4) Rock crushers, cement plants or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process for treating the product of such quarry may be prohibited.
(5) No such quarry shall be nearer than 40 feet to any property boundary line, street or highway right-of-way line.
(Ord. 835, Art. XXVII, § 12, 2-10-2005; Code 2018, 38-512)
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)
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)