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Wamego Overview
Wamego, KS Code of Ordinances
WAMEGO, KANSAS CODE OF ORDINANCES
CHAPTER I: ADMINISTRATION
CHAPTER II: ANIMAL CONTROL AND REGULATION
CHAPTER III: BEVERAGES
CHAPTER IV: BUILDINGS AND CONSTRUCTION
CHAPTER V: BUSINESS REGULATIONS
CHAPTER VI: ELECTIONS
CHAPTER VII: FIRE
CHAPTER VIII: HEALTH AND WELFARE
CHAPTER IX: MUNICIPAL COURT
CHAPTER X: POLICE
CHAPTER XI: PUBLIC OFFENSES
CHAPTER XII: PUBLIC PROPERTY
CHAPTER XIII: STREETS AND SIDEWALKS
CHAPTER XIV: TRAFFIC
CHAPTER XV: UTILITIES
CHAPTER XVI: ZONING AND PLANNING
CHAPTER XVII: ZONING
ARTICLE 1: TITLE
ARTICLE 2: INTERPRETATION, SCOPE AND JURISDICTION
ARTICLE 3: RULES AND DEFINITIONS
ARTICLE 4: DISTRICTS AND BOUNDARIES
ARTICLE 5: “A-L” AGRICULTURAL DISTRICT
ARTICLE 6: “F-P” FLOODPLAIN DISTRICT
ARTICLE 7: “R-L” RESIDENTIAL LOW-DENSITY DISTRICT
ARTICLE 8: “R-M” RESIDENTIAL MEDIUM DENSITY DISTRICT
ARTICLE 9: “R-H” HISTORIC TOWNSITE RESIDENTIAL DISTRICT
ARTICLE 9-A: “RH-O” HISTORIC TOWNSITE RESIDENTIAL OVERLAY DISTRICT
ARTICLE 10: “R-1" SINGLE-FAMILY DWELLING DISTRICT
ARTICLE 11: “R-2" SINGLE-FAMILY DWELLING DISTRICT
ARTICLE 12: “R-3" MULTIPLE-FAMILY DWELLING DISTRICT
ARTICLE 13: “PUD” PLANNED UNIT DEVELOPMENT DISTRICT
ARTICLE 14: “M-H” MANUFACTURED HOME OVERLAY DISTRICT
ARTICLE 15: “M-P” MANUFACTURED HOME PARK
ARTICLE 16: “P-I” PUBLIC AND INSTITUTIONAL DISTRICT
ARTICLE 17: “C-S” HIGHWAY SERVICE DISTRICT
ARTICLE 18: “C-1” RETAIL BUSINESS DISTRICT
ARTICLE 19: “C-2” GENERAL COMMERCIAL DISTRICT
ARTICLE 20: “C-3” ADULT ENTERTAINMENT DISTRICT
ARTICLE 21: “I-P” INDUSTRIAL PARK DISTRICT
ARTICLE 22: “I-1" LIGHT INDUSTRIAL DISTRICT
ARTICLE 23: “I-2" HEAVY INDUSTRIAL DISTRICT
ARTICLE 24: SIGN REGULATIONS
ARTICLE 25: PARKING AND LOADING REGULATIONS
ARTICLE 26: LANDSCAPING AND STORMWATER MANAGEMENT REGULATIONS
ARTICLE 27: TRAFFIC REGULATIONS
ARTICLE 28: BUILDINGS AND USES AFFECTED
ARTICLE 29: ADDITIONAL HEIGHT, AREA AND USE REGULATIONS
ARTICLE 30: SITE PLAN REVIEW
ARTICLE 31: NON-CONFORMING USES
ARTICLE 32: ENFORCEMENT, VIOLATION AND PENALTY
ARTICLE 33: BOARD OF ZONING APPEALS
ARTICLE 34: CONDITIONAL USE PERMIT
ARTICLE 35: AMENDMENTS
ARTICLE 36: VALIDITY
ARTICLE 37: CERTIFICATE OF APPROVAL
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 17-2402 SPECIFIC REQUIREMENTS.
   Provisions relating to all types of signs erected in the Wamego Zoning Jurisdiction are as follows:
   (a)   Advertising signs call attention to an activity or product located on a different tract from the sign (See Article 3, Rules and Definitions). Advertising signs are permitted in the "C-1", "C-2", "I-1", and "I-2" Districts by right, and in the "PUD" District upon review and approval of the Planning Commission. In the "A-L" District, an advertising sign shall be allowed by special use permit only when submitted, reviewed, and approved by the Board of Zoning Appeals and under such conditions as the Board may impose:
      (1)   The advertising sign shall not exceed 50 square feet in area for a single- or double-faced sign; the bottom edge of the sign shall be at least three feet above the average ground level; and the top edge not higher than ten feet above the average ground level.
      (2)   The advertising sign shall not be located closer than 250 feet from two or more intersecting roads. Not more than one such sign shall be permitted on one road side within any one mile.
      (3)   An applicant for a special use permit to erect an advertising sign shall submit to the Board a plot plan showing the location, size, and construction details of the proposed sign installation; a letter from the property owner indicating intent to lease said property together with a copy of terms of said lease. Such permit shall be issued for a period of five years, and its renewal shall be subject to a review of the site and changed conditions within the surrounding area.
   (b)   Business signs call attention to an activity or product located on the tract upon which the sign is located (See Article 3 of this Title, Rules and Definitions). Business signs are permitted in the "C-S", "C-1", "C-2", "I-P", "I-1", and "I-2" Districts by right, and in the "PUD" and "C-3" Districts upon review and approval of the Planning Commission.
   (c)   The gross surface area on one side of an advertising or business sign shall not exceed the following limitations:
 
District
Formula
Maximum Area Possible
“C-S”, “C-1", “C-2"
The square footage shall be no greater than three times the lineal feet of frontage of the lot occupied by the building. Each side of the lot which abuts upon a street shall be considered a separate frontage, and the gross surface area of all signs located on each side of a building shall not exceed three times the lineal feet of the separate frontage
300 sq. ft.
“I-1", “I-2"
(Same as above)
Not applicable
“PUD”, “I-P”
Not applicable
200 sq. ft. plus 20 sq. ft. for each additional business conducted on the site
 
In all districts, individual letters with no background shall be measured by the minimum rectangular area necessary to encompass such letter or by a combination of rectangles as are necessary to encompass letters of irregular dimensions.
   (d)   Advertising or business signs in the "C-3" district shall conform to the following:
      (1)   Advertising signs shall have no more than two display surfaces. Each such display surface shall:
         (A)   Not contain any flashing lights.
         (B)   Be a flat plane, rectangular shape.
         (C)   Not exceed 49 square feet in sign area if a wall sign, nor 25 square feet if other than a wall sign.
         (D)   Not exceed seven feet in height or seven feet in length.
      (2)   Advertising signs shall contain no photographs, silhouettes, drawings or sexual representations of any kind.
      (3)   Each letter forming a word on an advertising sign shall be of a solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of an advertising sign shall be of a uniform and solid color.
   (e)   Ground signs shall have a maximum height of eight feet in the "I-P" District.
   (f)   Building signs are permitted in the "A-L", "C-S", "C-1", "C-2", "I-P", "I-1", and "I-2" Districts by right (except as provided in divisions (o) and (p) below), and in the "PUD" District upon review and approval of the Planning Commission.
      (1)   The building sign shall be affixed flat against the face of the building as opposed to perpendicular and/or double faced.
      (2)   Building signs painted on the building surface are not allowed in the "I-P" District.
      (3)   Building signs in the “C-3" District shall conform to the following special requirements:
         (A)   Building signs shall have only one display surface. Such display surface shall:
            (i)   Be a flat plane, rectangular in shape.
            (ii)   Not exceed nine square feet in sign area.
            (iii)   Not exceed three feet in height or three feet in length.
            (iv)   Be affixed or attached to any wall or door of the establishment.
            (v)   The provisions of divisions (d)(2) and (d)(3) above shall also apply to building signs in the "C-3" District.
   (g)   Marquee and canopy signs are permitted in the "C-1", "C-2" and "C-S" Districts only. The sign must be mounted either on the front edge of the marquee or canopy, or suspended beneath (see division (j) below). Signs suspended beneath a marquee or canopy shall not exceed eight square feet in surface area and shall contain an announcement of the business name only. The lowest elevation shall always be no less than eight feet above the sidewalk surface. The canopy or marquee shall be constructed and maintained in accordance with the Building Code of the city.
   (h)   A maximum of two business signs (only one on a facade) shall be allowed for a business or profession conducted on the premises in the "I-P", "I-1", "I-2", and "PUD" Districts. In the "C-S" District, a maximum of four business signs shall be allowed, except that an additional number of signs may be allowed in the "C-S" District by special use permit when submitted, reviewed, and approved by the Board of Zoning Appeals and under such conditions as the Board may impose.
   (i)   All signs in the "C-S", "I-1", and "I-2" Districts shall be affixed to or be a part of the building if within 50 feet of a residential district.
   (j)   Except as provided in division (f) above, no sign shall be permitted to overhang a road, street, or alley right-of-way, and no sign shall be located in a manner as to constitute a traffic hazard.
   (k)   Any sign, other than one affixed flat against the face of a building, which is located within three feet of a driveway or parking area or within 50 feet of the intersection of the centerlines of two or more streets, measured along the adjacent curb lines, shall have its lowest elevation at least ten feet above curb level to avoid creation of line-of-sight or other traffic-related obstructions.
   (l)   All lighted signs in direct vision of a traffic signal shall not be in red, green or amber illumination.
   (m)   Non-flashing, illuminated signs shall be permitted providing said sign shall not beam upon any street or any residential district, except as provided in divisions (t) and (u) below. Clocks and/or thermometers installed for public convenience and information are exempt from this requirement.
   (n)   Where a sign is illuminated by light directed upon it, the direct ray of light shall not beam upon any existing residential district, except as provided in divisions (t) and (u) below, or into any street.
   (o)   Flashing, moving, or animated signs are not permitted in the "I-P" and "C-3" Districts. In the "C-S" District, they are not permitted within 500 feet of a residential district or where the rays of light. from the sign beam upon any part of any residential district. In the "C-S" District, no high intensity strobe or flashing lights shall be permitted to be used with any sign or separately.
   (p)   In the "C-1", "C-2", "I-1", and "I-2" Districts, flashing, moving, or animated signs shall be permitted only upon approval of the City Building Inspector providing it is first determined that the location and colors will in no way create a traffic hazard or confusion with traffic lights and with lights on emergency vehicles and that direct rays of the sign will not be directed into any residential district.
   (q)   Electronic message board signs shall be considered as illuminated business signs and shall be subject to regulation as are other types of illuminated signage.
   (r)   Sandwich board signs are permitted in the "C-S", "I-1", and "I-2" Districts only, providing said sign is permanently affixed to the surface on which it rests.
   (s)   In the "C-1" zone all signage and sign components shall be a permanent part of the advertising display. Magnetic lettering or other temporary removable physical components are prohibited.
   (t)   Non-illuminated nameplates in the "A-L", "R-L", "R-M", "R-H", "R-1", “R-2", "R-3", and "PUD" Districts shall conform to the following restrictions:
      (1)   The nameplate shall not exceed three square feet in area.
      (2)   The nameplate shall show only the name and/or address of the occupant.
   (u)   Signage for strip malls and other multiple tenant buildings shall meet the following requirements:
      (1)   One illuminated business sign denoting the location name with a listing of business tenants within shall be permitted per street frontage. Such signage may be free-standing or may be affixed to the structure. Such permitted signage shall be subject to all other regulations for business signage.
      (2)   Each business in a multi-tenant building may utilize individual business signage provided such advertising display is permanently affixed flat against the face of the structure and complies with all other applicable signage regulations.
   (v)   Non-illuminated single- or double-faced "For Sale" and "For Rent" signs in the "R-L", "R-M", "R-1", "R-2", "R-3", and "PUD" Districts are subject to the following regulations.
      (1)   Only one sign shall be permitted per lot.
      (2)   No sign shall exceed four square feet in area.
      (3)   Signs shall be located no closer than five feet from any property line and shall not obstruct the view of traffic approaching a street intersection.
      (4)   When said sign is affixed to a building, it shall not project higher than ten feet above the ground level.
      (5)   Ground signs shall not project higher than four feet above ground grade.
   (w)   In the "A-L" District, only one non-illuminated "For Sale", "For Rent", or single- or double-faced business sign shall be permitted per residential building lot. Accessory business signs shall not exceed 50 square feet.
   (x)   Bulletin boards and signs for churches and other public institutions in the "R-L", "R-M", "R-H", "R-1", "R-2", "R-3", and "PUD" Districts are subject to the following regulations:
      (1)   One sign or bulletin board shall be permitted on each street side if located on the same site as the principal building.
      (2)   If the sign or bulletin board is illuminated, the lights shall be directed away from adjoining residential uses.
      (3)   No sign or bulletin board shall exceed 24 square feet in area.
      (4)   No sign shall be located closer than eight feet from any side or rear property line.
      (5)   A sign or bulletin board located in the front yard shall be no closer to the street line than one-half the required front yard.
      (6)   A sign or bulletin board, affixed to a building, shall not project higher than ten feet above the ground level.
      (7)   Ground signs shall be permanently anchored to the ground and shall not exceed a height of six feet above normal grade.
      (8)   Buildings constructed on the property line prior to the adoption of this Title shall be allowed one identification sign providing said sign is a flat wall sign and permanently attached to the building.
   (y)   Signage for manufactured home parks and multi-family developments must meet the following requirements:
      (1)   Only one business sign per street frontage shall be permitted.
      (2)   No business sign shall exceed 40 square feet in area for each face.
      (3)   Any number of informational and directional signs shall be permitted and shall contain no advertising or solicitation.
      (4)   All signs may be illuminated, either directly, indirectly, or internally, providing direct beams of light do not shine off the site or into any building on the site.
      (5)   Ground signs shall not exceed ten feet in height.
   (z)   Temporary signs, whether illuminated or non-illuminated, are permitted in the “A-L", “C-S", "C-1", "C-2", "I-P", “I-1", and "I-2" Districts by right, and as provided in division (r) above, and in the “PUD" District if approved by the City Building Official.
      (1)   Only one such sign shall be permitted per location.
      (2)   Temporary signs shall not exceed 45 square feet of surface area.
      (3)   No temporary sign, except on approval by the Governing Body, shall extend over or into any street, alley, sidewalk, or other public thoroughfare. It shall not obstruct any wall opening.
      (4)   Every temporary sign shall be secured to prevent movement or overturning, in a manner approved by the Building Official.
      (5)   All electrical cords to such signs shall be located so as not to expose them to physical damage. No such electrical cord shall be laid upon any sidewalk, driveway, or parking lot. All such wiring shall be subject to the electrical code of the city.
      (6)   Temporary signs shall not exceed six feet in height and shall be so located so as to avoid creation of line-of-sight or other traffic-related obstructions.
   (aa)   Private informational and directional signs shall contain no advertising or solicitation and are subject to the following provisions (except as provided in division (v) above).
      (1)   Where a sign is illuminated by light directed upon it, the direct rays of light shall not beam upon any part of any residential district or into any street.
      (2)   Lighted signs in direct vision of traffic shall not be in red, green, or amber illumination.
      (3)   Flashing signs shall not be allowed.
      (4)   Only one sign shall be permitted per location.
      (5)   Signs shall not exceed 32 square feet of surface area for each face.
      (6)   No private informational or directional sign, except on approval by the Governing Body, shall extend over or into any street, alley, or sidewalk or other public thoroughfare. It shall not obstruct any wall opening.
      (7)   Any sign, other than one affixed flat against the face of the building and located within three feet of a driveway or parking area or within 50 feet of the intersection of two or more streets, measured along the adjacent curb line, shall have the lowest elevation at least ten feet above the curb level to avoid line-of-sight or other traffic-related obstructions.
   (bb)   Signage placed upon a public sidewalk is permissible in the C-1: Retail Business District only, and is subject to the following requirements:
      (1)   A sign permit has been obtained from the city in accordance with the Wamego Zoning Ordinance Sign Regulations, and the applicant has submitted proof of liability insurance covering the sign on city sidewalk, to be maintained for the period that the sign remains on the city sidewalk.
      (2)   Only one sidewalk sign per street frontage shall be permitted.
      (3)   The sign may be placed on the sidewalk during the hours of operation of the adjoining establishment, and within four feet of the property line (usually the front of the building).
      (4)   The text of the sign may only promote goods, services or activities offered within the adjoining establishment, except that signage promoting such offerings at a location other than the adjoining establishment shall be permissible upon review and approval of the Wamego Body.
      (5)   The height of the sign is limited to five feet and the minimum height is three feet so as to avoid the sign becoming a trip hazard. The maximum area of each sign face shall not exceed nine square feet.
      (6)   Signage placed near street intersections is subject to the "vision triangle" provisions found under § 17-303, unless a permanent building or other permanent obstruction already blocks traffic visibility.
      (7)   The sign may not contain illumination or animation, except that illuminated signs shall be permissible upon review and approval of the Wamego Governing Body. Approved illuminated signs must have a self-contained power source, e.g. battery or solar.
      (8)   Every sidewalk sign shall be secured to prevent movement or overturning, in a manner approved by the Building Official.
§ 17-2403 PERMITS AND FEES REQUIRED.
   (a)   A permit shall be required for the erection, construction, or alteration of any sign in the Wamego Zoning Jurisdiction.
   (b)   Application for permits by other than the property owner shall be accompanied, in each instance, by either a letter authorizing the placement of a sign on the land or building, signed by the owner or his duly authorized agent, or accompanied by a lease showing the right of the applicant. Such application shall conform to the regulations herein provided, and no signboard shall be erected or painted on any area until the application is acted upon and granted.
   (c)   A fee in accordance with a schedule of fees adopted by the Governing Body shall be charged for each permit granted; however, the city will waive the charge for all new or expanding businesses in any commercial or industrial district.
   (d)   If a sign, for which a permit is granted, is not erected within 60 days from date of the permit, the permit shall, unless renewed, become void.
   (e)   Advertising painted or placed on a structure shall be deemed subject to these regulations if permanent and over eight square feet in area.
   (f)   All signs shall be constructed, located, and placed in accordance with local ordinances and the laws of the State of Kansas.
   (g)   Permits, except for permits for temporary signs, are issued for the life of the sign so long as it is kept in good condition, and changing conditions do not make it a hazard or undesirable to adjoining property owners. In such case, the city may direct its removal.
   (h)   Permits for temporary signs shall be issued annually.
§ 17-2404 NONCONFORMING SIGNS.
   All advertising signs, business signs, or bulletin boards not in accordance or in compliance with this Article which were in existence prior to the adoption date of this Title, shall be exempt from this Article except that upon the change of ownership of any building or property having a nonconforming sign which was in existence prior to adoption date of this Title, or upon remodeling or renovating of the exterior of any building to the extent of greater than 50%, the nonconforming sign shall be brought into conformity with this Article and any other city, state, or federal regulations.
§ 17-2405 REMOVAL OF SIGNS FROM VACANT BUILDINGS.
   Signs located on vacant buildings shall be removed by the property owner or his authorized agent within 30 days after said premises are vacated.
ARTICLE 25: PARKING AND LOADING REGULATIONS
Section
   17-2501   Requirements
   17-2502   Plans and approval required
   17-2503   Construction requirements
   17-2504   Performance
   17-2505   Application
§ 17-2501 REQUIREMENTS.
   Except as otherwise provided in this Title, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 50% or more, or when an existing use has been changed to another use, accessory off-street parking and/or loading spaces shall be provided as required by the following schedule, except that these requirements shall not apply in the “C-1" Commercial District.
Schedule of Minimum Off-Street Parking and Loading Requirements
Structures and Uses
Minimum Off-Street
Minimum Off-Street Loading Requirements
Schedule of Minimum Off-Street Parking and Loading Requirements
Structures and Uses
Minimum Off-Street
Minimum Off-Street Loading Requirements
Bowling centers
4 spaces per lane
1 space per establishment
Churches, synagogues, and temples
1 space per 4 seats in main unit of worship
None required
Commercial strip malls
1 space per 250 square feet of floor area
1 space per establishment
Convalescent and rest home services
1 space per 3 beds, plus 1 space per employee for each shift
1 space per establishment
Drive-up facilities; bank teller windows, fast food pickup, and similar facilities
60 feet of waiting space ahead of facility (1 space is 20 feet)
None required
Eating and drinking places
Parking spaces equal to 30% of capacity in persons
2 spaces per establishment
Education uses, adult day care, day care and primary schools
Parking spaces equal to 20% of capacity in students or persons served
2 spaces per structure
Education uses, all other
Parking spaces equal to 40% of capacity in students
2 spaces per structure
Funeral homes and chapels
8 spaces per reposing room plus 1 space per 4 seats in chapel
2 spaces per establishment
Hospitals
1 space per 2 beds
3 spaces per structure
Hotels
1 space per rental unit
1 space per establishment
Indoor recreation centers; fitness clubs, arcades, skating rinks, bingo parlors, and similar facilities
1 space per 125 square feet of gross floor area
1 space per establishment
Libraries
1 space per 500 square feet of floor area
1 space per structure
Lodging and boarding houses
1 space per 2 rental units
None required
Manufactured home park
2 spaces per dwelling unit
None required
Medical clinic
5 spaces per staff doctor or dentist
None required
Motels
1 space per rental unit
None required
Offices
1 space per 250 square feet of gross floor area
None required
Private clubs and lodges
1 space per 200 square feet of floor area
1 space per establishment
Residential structures (single - two-family attached, two-family and multi-family)
2 spaces per dwelling
None required
Residential structures (single-family)
1 space per dwelling unit
None required
Retail sales establishments
1 space per 200 square feet of gross floor area
1 space per establishment
Roadside stands
4 spaces per establishment
None required
Service establishments
1 space per 200 square feet gross floor area
1 space per establishment
Theaters, auditoriums, and places of assembly
1 space per 4 people designed capacity
1 space per establishment
Veterinary establishments
3 spaces per staff doctor
None required
Wholesaling and distribution operations
1 space per 2 employees
2 spaces per establishment
In all I-P Districts, the following parking and loading regulations shall apply:
Office
1 space per employee for the largest shift
1 space per building
Manufacturing
1 space per employee for the largest shift
2 spaces per establishment
Wholesaling and distribution operations
1 space per largest shift
2 spaces per establishment
 
   (a)   Off-street parking spaces for uses permitted in the "C-S", "I-P", "I-1", and "I-2" Districts shall be located behind the required front yard setback line, and in the "I-P" District at least 20 feet behind the front lot line. Off-street parking spaces shall be on the same lot as the building they serve.
   (b)   In all "I-P" Districts, required off-street parking shall be provided on the lot of the use served, on a contiguous site, or within 600 feet of the subject lot.
   (c)   Loading docks in "I-P" Districts must be set back a minimum of 70 feet from the street right-of-way line.
   (d)   Visitor parking is allowed in the front yard area of "I-P" Districts provided that said parking is set back at least 20 feet from the street right-of-way line and provided further, that in no case shall more than ten parking spaces be allowed.
   (e)   Exterior storage.
      (1)   All-weather, dust-free surfacing of areas for exterior storage of business vehicles, equipment, and materials is not required.
      (2)   Exterior storage of business vehicles, equipment, and materials shall not occur upon required off-street parking.
§ 17-2502 PLANS AND APPROVAL REQUIRED.
   (a)   For all uses other than single-family residential structures, plans showing layout and design of all off-street parking areas shall be submitted to and approved by the Building Official prior to issuing a building permit, and provisions for storm water drainage into an established drainage ditch or covered storm sewer system on public right-of-way shall be required for all parking lots more than 2,000 square feet in area. These provisions shall be consistent with and in consideration of the city's overall storm drainage system and future plans. Before approving any parking layout, the Building Official shall satisfy himself that parking spaces provided and storm drainage design is usable and meets standard design criteria of the city.
   (b)   In the case of multiple uses associated with a site, the Building Official may calculate the parking requirement as the accumulative requirement of the separate uses unless it is determined that the uses generate overlapping parking demand.
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