The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Title.
   (a)   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.
   (b)   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.
   (c)   Accessory buildings may be built in a side or rear yard, and shall not encroach on any required utility easements nor be located any closer to the rear lot line of the property than six feet, except that where vehicular access to a garage is perpendicular to the alley line, a setback of at least 20 feet from the alley line shall be required.
   (d)   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.
   (e)   The setback line for the front, side and rear yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest foundation wall of the building. Except as provided by other regulations contained herein, awnings, bay windows, decks five feet or less above grade at the building foundation, uncovered porches, stoops, and above grade steps (regardless of whether a foundation wall is employed); and unsupported roof overhangs, shall not be subject to the setback requirements, however, only these features which are 30 inches or less in height shall be permitted to encroach beyond half the required yard. Window wells and below grade stairways shall also not be subject to the setback requirements but shall not encroach beyond half the required yard.
   (f)   Retaining walls facing side or rear property lines, adjoining residential districts and exceeding 30 inches in height above the lower grade shall be setback from the property line a distance equal to or exceeding the height of the wall, unless approved by the Board of Zoning Appeals.
   (g)   On streets where a front yard is less than that required by these regulations and has been maintained for existing structures on lots having a frontage of 50% or more of the total frontage on one side of that portion of the street line between two intersection streets, the front yard setback need not be greater than the average setback of the existing structures; provided, that these regulations shall not be interpreted to permit a front yard setback of less than 15 feet.
   (h)   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 three-and-one-half feet and where the same are so placed as not to obstruct light and ventilation.
   (i)   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.
   (j)   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.
   (k)   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.
   (l)   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 similar activities.
   (m)   Radio communications antennas 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. Also see § 17-2913 for wireless communications tower requirements.
   (n)   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 two-and-one-half and ten feet above the centerline grades of the intersecting streets in the area 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. Also see VISION TRIANGLE definition.
   (o)   In any district, more than one structure housing a permitted or permissible principal use may be erected on a zoning lot, provided that space, yard and other requirements of this Title shall be met for each structure as though it were on an individual lot.
   (p)   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.
   (q)   Privately owned swimming pools shall be enclosed in accordance with the codes of the City of Wamego.
   (r)   Major recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, camping buses or converted trucks, and tent trailers shall not be stored in a residential district except within an enclosed building, or behind the front yard setback.
      (1)   On a corner lot such equipment shall be kept back of the front yard setback lines on both street sides.
      (2)   No such recreational equipment shall be utilized for living, sleeping or housekeeping purposes when parked on a residential lot or in any location not approved for such use.
   (s)   Creation of lots for single-family attached units, conversion of a two-family structure to single-family attached units, or conversion of a two- or multi-family structure to individually owned single-family dwelling units may be permitted subject to the requirements of the Subdivision Regulations, and to the following:
      (1)   An application 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:
         (A)   A plot plan showing site and structure arrangements and proposed platting or re-platting.
         (B)   A full legal description of the subject property, including legal descriptions of proposed individual properties.
         (C)   A description of proposed structural and utility configurations to provide for individual services and maintenance.
         (D)   A description of proposed public access patterns, both vehicular and pedestrian.
         (E)   A copy of the declaration and 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, provisions relating to insurance required to be obtained and maintained by an association and/or by each unit owner, and any other provisions which may be required by the Townhouse Ownership Act (K.S.A. 58-3702 et seq.). Such declaration and 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.
         (F)   Any other supplementary information as may be required to assess short- and long-term neighborhood impacts associated with the proposal.
      (2)   The applicant for unit conversion shall submit with his application a consent agreement signed by 75% of all owners of property within 200 feet of the premises whereon the unit conversion is proposed.
      (3)   Where a two-family or multiple-family structure is created for or 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, 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 single-family dwelling unit.
      (4)   The Planning Commission shall not approve an application for creation of single-family attached units, or 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 serving a particular unit exists or is proposed to exist over, within or under the property of another unit. This prohibition shall not apply to utility improvements placed upon exterior property within an easement granted to the owner of the served property for the maintenance thereof nor shall this prohibition apply in the case of a three-dimensional property description where a line is placed over the defined property, or under the defined property, unless sited in the ground.
      (5)   All conversions of two-family or multiple-family structures to individually-owned, single-family dwelling units are subject to all applicable City of Wamego codes, including building permit application and inspection procedures referenced in § 4-207 of the Code of the City of Wamego, Kansas.
      (6)   The above procedures and regulations are applicable to conversions even where new construction is not required.
      (7)   After reviewing any application of the type described under division (s)(1) above against all applicable city codes, the Building Official/Code Enforcement Officer shall report to the Planning Commission if there are any areas of non-compliance with city codes.
   (t)   In the agricultural districts, no more than two licensed or unlicensed motor vehicles which are in the process of restoration to operating condition may be stored.