For the purpose of interpreting the provisions of this Title, certain terms or words used herein are defined as follows:
ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of this Title, the term accessory building shall include dish antennas and similar structures.
ACCESSORY USE. A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.
ADULT. Any person aged 18 years or older.
ADULT BOOK and/or VIDEO STORE. An establishment which offers for sale or rental books, magazines, photographs, films, videos, or other visual representations, and other materials oriented toward representation of sexual activity of any kind.
ADULT DAY CARE. A facility of one of the following types offering adult care for less than 24 hours per day.
(1) MEDICAL MODEL ADULT DAY CARE. An outpatient center for people in need of physical rehabilitation or other health services on a limited yet regular basis. Meals and limited social activity may be provided, but the primary emphasis of this approach to day care is a strong health care orientation.
(2) MULTIPURPOSE MODEL ADULT DAY CARE. A center for programs which provide social interaction and some social and medical services to elderly people in a fixed location for a limited number of hours.
ADULT ENTERTAINMENT ESTABLISHMENT. Any premises which provides adult sexually oriented entertainment whether live or by motion pictures, videos, photographic reproductions, or other means.
ADULT NOVELTY STORE. A commercial establishment offering for sale visual materials, printed matter, instruments, devices and other paraphernalia designed and intended for use in connection with sexual activities.
AGRICULTURAL PURPOSES. The use of a tract of land under one ownership where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes. The retail sale of items produced as part of the farming operation is permitted, including the operation of commercial greenhouses and hydroponic farming. So long as such land, related structures and accessory dwelling(s) are used for such bona fide agricultural purposes, these regulations do not require a zoning permit or an occupancy certificate, nor do they establish any other rule or regulations contrary to the provisions of state statutes.
ALLEY. A public thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.
ALLEY LINE. The line of division between the public travelway comprising the alley and the private lot.
ALTERATIONS. (See STRUCTURAL ALTERATIONS.)
ANIMAL HOSPITAL or CLINIC. An establishment where animals are admitted principally for examination, treatment, board, or care by a doctor of veterinary medicine. This does not include open kennels or runs.
APARTMENT. (See DWELLING, MULTIPLE-FAMILY.)
APPROVED PUBLIC SANITARY SEWER SYSTEM. A sewage disposal plant, main sanitary sewer lines and other lines approved by the Governing Body of the City of Wamego, Kansas and the Kansas State Department of Health.
APPROVED PUBLIC WATER SYSTEM. Water treatment plant and service lines approved by the Governing Body of the City of Wamego, Kansas and the Kansas State Department of Health.
ASSISTED LIVING FACILITY. Any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours a day, seven days a week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by this act. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited term basis, or if limited in scope, a regular basis.
ATTACHED ACCESSORY BUILDING. A building which has approximately 50% of any way in common with a wall or portion of a principal building or is built as an integral part of the principal building.
AUTOMOBILE SERVICE STATION. A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, or open sales lots.
BASEMENT. A building story having part, but not less than one-half, of its height below grade, and which is intended as the lower floor of a conventional dwelling unit, as opposed to the structural walls of an earth sheltered dwelling unit.
BED AND BREAKFAST. A private home that takes in paying overnight quests, and offers breakfast in the morning and optional other refreshments, included in the price of the room. The bed and breakfast must be operated primarily by the residents of the home and limited to no more than four guest bedrooms, with shared or private bathrooms. For the purpose of regulation according to this Zoning Ordinance, a bed and breakfast shall not be considered a HOME OCCUPATION.
BOARD OF ZONING APPEALS. The legally appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of, the terms of the Zoning Ordinance and official map, as defined within this Title, and in accordance with the laws of the State of Kansas.
BOARDING HOME FOR CHILDREN. A residential facility where children not related to the family by blood, marriage, or adoption are cared for 24 hours a day by adult supervision which is licensed by the Kansas Department of Health and Environment.
BOARDINGHOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons but not exceeding 20 persons.
BUILDABLE AREA. That area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.
BUILDING. Any structure designed or intended for the enclosure, shelter, or protection of persons, animals, or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.
BUILDING HEIGHT. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip, or gambrel roof.
BUILDING MAIN. A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residential district is a main building.
BUILDING OFFICIAL. The person or persons so designated by the Governing Body.
BUSINESS AND PROFESSIONAL OFFICE. The office of an architect, engineer, dentist, doctor, attorney, real estate or insurance agent, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.
CAMPGROUNDS. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground for a period exceeding 30 consecutive days on a temporary basis. The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.
CANOPY. Any 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.
CAR WASH. An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.
CATERING BUSINESS. An enterprise wherein food and refreshments are prepared at a premises and delivered for consumption at a site off the premises, as opposed to the delivery of said items at the premises. The business must meet State of Kansas licensing requirements. A catering business shall only be permitted in districts where a "restaurant" is permitted as a use by right, except that where the business is allowed by special use permit it may be conducted in a private home, providing it is operated primarily by the residents of the home. For the purpose of regulation according to this Zoning Ordinance, a catering business shall not be considered a HOME OCCUPATION.
CELLAR. A room having more than one-half of its height below grade which structure is not intended as the lower floor of a conventional dwelling unit.
CHILD CARE. The process of caring for unrelated minor children as a service with or without financial arrangements. Child care shall include the term "babysitting" but shall not include preschools. Also see DAY NURSERY.
CLINIC. (See MEDICAL, DENTAL, or HEALTH CLINIC).
CLUB or LODGE. A nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purposes, including unions and professional organizations.
COMMON OPEN SPACE. An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities, such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
COMPREHENSIVE PLAN. The duly adopted comprehensive plan for the development of the community which includes maps, charts, illustrations, and texts for the following:
(1) Land use studies.
(2) Goals and objectives.
(3) Population study and forecasts.
(4) Economic base study.
(5) Housing study.
(6) Major thoroughfare plan.
(7) Central Business District plan.
(8) Community facilities study.
(9) General development plan.
CONDOMINIUM. A multiple-family dwelling structure wherein the separate dwelling units are individually owned as opposed to rental units in an apartment.
DAY CARE. A facility of one of the following types, offering child care for less than 24 hours per day:
(1) LICENSED DAY CARE HOME. A home in which care is provided for a maximum of ten children under 14 years of age, not more than six of whom are under kindergarten age. This total includes children under 14 years of age related to the provider.
(2) GROUP DAY CARE HOME. A home in which care is provided for a maximum of 12 children under 14 years of age. This total includes children under 14 years of age related to the provider.
(3) REGISTERED FAMILY DAY CARE HOME. A family's own residence in which care is provided by the applicant for not more than six children from birth to 16 years of age, with not more than three children under 18 months of age. All children under 16 years of age related to the provider are included in the total.
(4) CHILD CARE CENTER. A facility in which care and educational activities are provided 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 daytime, evening, and nighttime care, or which 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.
(5) PRESCHOOL. A facility operating for less than 24 hours per day which:
(A) 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 amendment thereto, and who are 30 months of age or older; or
(B) Conducts sessions not exceeding three hours per session.
DEVELOPER. The 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 of 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.
DISTRICT. A section or sections of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DOG. Any canine species over 12 months of age.
DUMP. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste.
DWELLING. Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, ATTACHED. A residential building which is joined to another dwelling at one or more sides by a party wall or walls, situated on its own platted lot.
DWELLING, DETACHED. A residential building which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building having accommodations for and occupied exclusively by more than two families. This may include modular homes, multiple-family.
DWELLING, SINGLE-FAMILY. A building having accommodations for and occupied exclusively by one family. This may include modular homes, single-family.
DWELLING, TWO-FAMILY (DUPLEX). A building having accommodations for and occupied exclusively by two families. This may include modular homes, two-family.
DWELLING UNIT. A room or group of rooms with culinary and sanitary facilities which are designed or intended for occupancy by a single family.
EXCEPTION. An exception shall mean the allowance of a use within a given district by the Board of Zoning Appeals. Exceptions shall be limited to only those specifically authorized and listed in this Zoning Ordinance.
FAMILY. Either: (a) 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 (b) 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, domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage or adoption.
FENCE. A free-standing structure of metal, masonry, plastic, glass 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.
FLOODPLAIN. Land area subject to inundation from surplus storm water as defined by the HUD flood insurance study and as depicted on the flood insurance rate map for the community.
FLOOR AREA. Floor area shall mean the gross floor area of the building of the several floors in the building.
FOSTER HOME. A residence or building in which more than 12 hour care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes shall be permitted in all residential structures, the same as would a family.
FRATERNAL and/or SERVICE CLUBS. An association formally organized for either fraternal, social, educational, philanthropic, or other similar purposes, including union and professional organizations, 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.
FRONTAGE. All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street. Where a street is dead ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLIC. A building, or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles.
GARAGE, STORAGE. A building, or portion thereof, designed or used exclusively for housing four or more motor driven vehicles.
GOVERNING BODY. The City Commission of the City of Wamego, Kansas.
GRADE.
(1) For buildings having walls facing one street, the elevation of the sidewalk at the center of the wall facing the street shall be the grade. If no sidewalk is present, the grade shall be the average elevation between the crown of the adjacent street and the center of the wall facing the street.
(2) For buildings having walls facing more than one street, the grade shall be the average of the grades (as defined in division (1) above) of all walls facing each street.
(3) For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.
(4) Any wall approximately parallel to a street line is considered as facing the street.
GROUP HOME. Any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability who need not be related by blood or marriage, and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this state.
HOME OCCUPATION. Any lawful activity conducted within the principal building (dwelling) or accessory buildings by members of the immediate family residing on the premises and which is located in an agricultural or residential zone for the purpose of earning income, which requires personal appearances by customers or delivery of their personal property at the dwelling for the purpose of providing goods and/or services. See Article 29 of this Title for specific home occupation requirements.
(1) The following uses shall not in any event be considered home occupations within this definition:
(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.
HOSPITAL. An establishment used primarily for inpatient care and to provide health, medical, mental, and surgical care of the sick or injured, excluding animal hospitals.
HOTEL or MOTEL. A commercial building used as a temporary abiding place for persons who are being lodged for compensation with or without meals.
INSTITUTION OF HIGHER LEARNING. A college, university, or incorporated academy providing general academic instruction equivalent to the standards prescribed by the State Board of Education. Dormitories, fraternity houses, sorority houses, and other student housing, which are constructed on campus, shall be considered accessory buildings.
INSTITUTION (NONPROFIT). A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNK or SALVAGE YARD. A lot, parcel, or tract of land, including buildings, used primarily for the collection, storage, and sale of waste paper, rags, scrap metal, or other discarded material; or for the collection, dismantling, storage, and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
KENNEL. Any place, area, building, structure, or enclosure where more than two domesticated animals, commonly considered to be household pets, more than three months old, are boarded, cared for, housed, fed, trained, or bred. This definition includes both private and commercially operated facilities.
LABORATORY, MEDICAL. An establishment which provides bacteriological, biological, medical, X-ray, pathological, and other similar analytical or diagnostic services.
LANDSCAPING. The improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
LAUNDRY. An establishment where commercial laundry and dry-cleaning work is undertaken.
LAUNDRY (SELF-SERVICE). An establishment equipped with individual coin-operated washing, drying, or dry-cleaning machines.
LODGING HOUSE. A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, for three or more persons in contra-distinction to hotels open to transients.
LOT or PLOT. A parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, including the open spaces required by this Title. A lot or plot may include more than one platted lot.
LOT AREA. The total area within the property lines of the lot, plot, or tract.
LOT CORNER. A lot, as defined above, abutting upon two or more streets at their intersection. (See § 17-303.)
LOT COVERAGE. The total area of building expressed as a percentage of the total lot, plot, or tract. Includes both principal and accessory buildings.
LOT, DEPTH OF. The mean horizontal distance between the front and the rear lot lines. (See § 17-304.)
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets as distinguished from a corner lot. (See § 17-304.)
LOT, INTERIOR. A lot other than a corner lot which has frontage on one street only. (See § 17-304.)
LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.
LOT, WIDTH OF. The length of the front building setback line.
LOT, ZONING. A parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more platted lots of record, one or more portions of a lot or lots of record, or any combination thereof.
MANUFACTURE. Any method of processing, developing, fabricating, or assembling either raw materials, semi-finished materials, or parts into a semi-finished or finished product.
MANUFACTURED HOME. A factory-built structure or structures equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land. The transportation system is designed so that the manufactured home may be moved from time to time. The term shall include two or more separately towed units which, when bolted or otherwise fastened together, form a complete living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly, and lights. Removal of any or all of these component parts does not change the definition. All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the State of Kansas, shall be anchored to the ground. All manufactured homes intended for new installation in the zoning jurisdiction of the City of Wamego after the effective date of this Title shall bear a certification plate pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 4Z U.S.C. 5401 et seq., as amended.
MANUFACTURED HOME, DEPENDENT. A manufactured home which does not have a flush toilet and bath or shower.
MANUFACTURED HOME, INDEPENDENT. A manufactured home which has a flush toilet and a bath or shower.
MANUFACTURED HOME PARK. Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes. Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually. The term does not include a sales area on which unoccupied manufactured homes, whether new or used, are parked for the purposes of storage, inspection, or sale. A manufactured home may, however, remain on a space for purposes of sale by the resident owner or the manufactured home park owner. No more than fifteen (15) percent of the manufactured homes may be for rent at any one time.
MANUFACTURED HOME, RESIDENTIAL DESIGN. A manufactured home on permanent foundation which has: (a) minimum dimensions of 22 body feet in width; (b) a pitched roof; and (c) siding and roofing materials which are customarily used on site-built homes. Also see Article 29 of this Title, for additional specific requirements.
MEDICAL, DENTAL or HEALTH CLINIC. Any building designed for use by one or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists, and podiatrists; and in which no patients are lodged overnight.
MODULAR HOME. A dwelling structure located on a permanent foundation and permanently connected to public utilities consisting of pre-selected, prefabricated units or modules designed to meet the requirements of the Wamego Building Code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width, located on a permanent foundation and permanently connected to public utilities.
MINI-WAREHOUSE. A structure containing individual small secured storage compartments for rental to the general public. An outside yard may be permitted under the conditions established by the district regulations. This definition shall not include commercially operated industrial warehousing operations.
NON-CONFORMING BUILDING. The use of a building or portion thereof lawfully existing at the time of the passage of this Zoning Ordinance and amendments thereto, which does not conform with the provisions of this Title or amendments thereto.
NON-CONFORMING LOT OF RECORD. A platted lot which does not comply with lot size requirements for any permitted use in the district in which it is located.
NON-CONFORMING STRUCTURE or USE. A lawfully existing structure or use at the time these regulations or any amendments thereto became effective which does not conform to the requirements of the zone in which it is located.
NURSING HOMES or CONVALESCENT HOMES. An institution or agency licensed by the State for the reception, board, care, or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics.
PARCEL. All contiguous lands (including lots and parts of lots) held in one ownership.
PARKING AREA, PUBLIC or CUSTOMER. An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.
PARKING SPACE. An area surfaced for the purpose of storing one parked automobile. For the purpose of this Title, one parking space shall have a minimum width of nine feet and a minimum length of 20 feet. In computing off-street parking, additional space shall be required off-street for access drives to each parking space.
PAVED PARKING. A vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.
PERMANENT FOUNDATION. A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.
PERSON. Any natural individual, firm, trust, partnership, association, or corporation.
PLACE or COURT. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLANNED DEVELOPMENT. A tract of land, meeting specified minimum site size, whereon all elements of development may be designed as interrelated aspects of an overall improvement concept in accordance with the provisions of this Title.
PLANNING COMMISSION. The City Planning Commission of Wamego, Kansas.
PLAT. A layout of a subdivision indicating the location and boundaries of individual properties.
PLATTING. Whenever the terms platting, platted, or subdivided are used in the Zoning Ordinance, it shall refer to the process established by the duly adopted Subdivision Regulations of the City of Wamego.
PRIVATE SEPTIC SYSTEM. See PRIVATE SEWER SYSTEM.
PRIVATE SEWER SYSTEM. A sewer system, other than a public system, which is intended to provide collection and disposal of sewage wastes for a single user or a small group of users, and which is operated and maintained by a private owner.
PRIVATE WATER SYSTEM. A water system, other than a public system, which is intended to provide service for an individual user, or a small group of users, and which is operated and maintained by a private owner.
PRIVATE WATER WELL. See PRIVATE WATER SYSTEM.
PREMISES. A parcel together with all buildings and structures thereon.
PRINCIPAL STRUCTURE. The main structure as distinguished from a subordinate or accessory structure.
PRIVATE CLUB. An association, other than fraternal or service club, organized and operated either for 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. 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 room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests provided that such sale or service is in compliance with all applicable federal, state, county, and local laws.
PROFESSIONAL OFFICE. Any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering, or other occupation customarily considered as a profession.
PROPERTY LINE. Boundary between a specific land parcel and another land parcel or public right-of-way.
PUBLIC SEWER SYSTEM. A sanitary sewer system intended to provide collection and treatment of sewage wastes for the general public, and which is owned and operated by a public utility company and/or recognized agency of local, state, or federal government.
PUBLIC UTILITY. Any business which provides the general public with telephone service, electricity, cable television, natural gas, water, or any similar service which so affects the public interest as to be subject to supervision by an agency of state government.
PUBLIC WATER SYSTEM. A water system which is intended to provide potable water to the general public and which is owned and operated by a public utility company and/or a recognized agency of local, state, or federal government.
RECYCLING FACILITY. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials. Such definition shall not include salvage yards.
RESTAURANT. A public eating establishment at which the primary function is the preparation and serving of food.
RESTAURANT, DRIVE-IN. An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.
ROOMING HOUSE. Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals.
SALVAGE YARD. Any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. In the agricultural and residential districts, no more than two licensed or unlicensed motor vehicles which are in the process of restoration to operating condition may be stored; provided, however, such vehicles are stored inside a structure or screened from public view.
SANITARY LANDFILL. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste, and which is in conformance with the requirements of the Kansas Department of Health and Environment.
SCHOOL. A public elementary or secondary educational facility which is under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.
SERVICE STATION. An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs, or major overhaul.
SETBACK. The distance between the lot line and building line.
SIGN. A sign shall include any sign or other device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business, but shall not include any display of official notice or official flag.
(1) SIGN, ADVERTISING. A sign which directs the attention of the public to any goods, merchandise, property, business service, entertainment, or amusement conducted or produced which is bought or sold, furnished, offered, or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.
(2) SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to products, services, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed. A "For Sale" sign or a "For Rent" sign, relating to the property on which it is displayed, shall be deemed a business sign.
(3) SIGN, FLASHING. Any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this Title, any revolving illuminated sign shall be considered a flashing sign.
(4) SIGN, ILLUMINATED. A sign designed to give forth artificial light or designed to reflect light derived from any source.
(5) SIGN, SANDWICH. An advertising or business ground sign which is constructed in such a manner to form an "A" or a tent-like shape hinged or not hinged at the top and each angular face held at an appropriate distance by a supporting member.
(6) SIGN, TEMPORARY. A sign, with or without illumination, which is not permanently attached to the building or anchored in the ground and which is capable of being easily removed or transported from one location to another, provided that the following shall not be construed to be temporary signs under this definition:
(A) Real estate signs not exceeding four square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are located.
(B) Signs denoting the architect, engineer, or contractor when placed upon the work under construction and not exceeding 16 square feet in area.
(C) Banners.
SPECIAL USE PERMIT. A special use permit is a written permit issued by the Zoning Administrator with the written authorization of the Board of Zoning Appeals. This special use permit provides permission under special conditions to make certain special exception of uses in certain zoning districts as stipulated in the specific Zoning Ordinance.
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 is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
STREET. A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.
STREET LINE. A dividing line between a lot, tract, or parcel of land and the contiguous street.
STREET NETWORK.
(1) ARTERIAL STREET. A street which provides for through traffic movement between and around areas and across the Wamego Zoning Jurisdiction with direct access to abutting property; subject to necessary control of entrances, exits, and curb uses.
(2) COLLECTOR STREET. A street which provides for traffic movement between arterial and local streets with direct access to abutting property.
(3) LOCAL STREET. A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial, or residential areas.
STREET TREE. Any plant botanically classified as a "tree" species which is located within the public street right-of-way, or on a private lot within ten feet of the front lot line.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences.
STRUCTURAL ALTERATIONS. Any change or rearrangement of the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this Title, the following shall not be considered structural alterations.
(1) Attachment of new front where structural supports are not changed.
(2) Addition of fire escapes where structural supports are not changed.
(3) New windows where lintels and support walls are not materially changed.
(4) Minor repair or replacement of nonstructural members.
SUBDIVISION. The division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term subdivision includes resubdivision, and the term "resubdivision", as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use, or other purpose which varies from the latest, approved subdivision of the same. (See Subdivision Regulations.)
SUBDIVISION PLAT. A plan or map prepared in accordance with the provisions of the duly adopted Subdivision Regulations and recorded with the Register of Deeds.
TAVERN. An establishment in which the primary function is the public sale and serving of cereal malt beverages.
THIS TITLE. The document duly approved and adopted by the Planning Commission and the City Commission of the City of Wamego, Kansas, which establishes zoning requirements.
TOWNHOUSE. A multiple-family dwelling unit which is individually owned along with a lot or other tract of land, as opposed to a condominium.
TRACT. A plot or parcel of land, other than a lot in a subdivision which is recorded in the office of the Register of Deeds.
USE. The specific purpose for which land or a building is used. The term "permitted use", or its equivalent, shall not be deemed to include any illegal nonconforming use.
VARIANCE. The authorization, by the Board of Zoning Appeals, of a variance of the specific terms of this Zoning Ordinance. Variances are limited to those authorized in the powers and duties of the Board of Zoning Appeals as defined in this Title.
VISION TRIANGLE. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two-and-one-half feet and ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 80 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 80 foot distance shall be increased to 120 feet. (See § 17-303.)
YARD. A space on the same lot with a main building open, unoccupied, and unobstructed by buildings or structures from the ground upward.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the front building line. (See § 17-304.)
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of such main building. For substandard corner lots of record, the rear yard shall be defined as the yard opposite the frontage having the lesser length. The yard adjacent to an alley shall be defined as the rear yard for substandard lots of record where the front lot line is perpendicular to the alley line. (See § 17-304.)
YARD, SIDE. A yard between the main building and the side lot line extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally at 90 degrees with the side lot line from the nearest point of the side lot line toward the nearest part of the main building. For substandard interior lots of record where the front yard line is perpendicular to the alley line, two side yards shall be provided. (See § 17-304.)
ZONE or DISTRICT. A portion, area, or section of the Wamego Zoning Jurisdiction for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.
ZONING ADMINISTRATOR. The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of this Zoning Ordinance.
ZONING JURISDICTION. The area to be zoned as set out on the Official Zoning Map filed of record.
ZONING ORDINANCE. The term zoning ordinance or this Title shall mean the requirements stipulated by the zoning regulations established herewith.